International Journal

on Marine Navigation

and Safety of Sea Transportation

Volume 6

Number 4

December 2012

1 INTRODUCTION

The new international convention on ship recycling

was adopted by IMO in May 2009 in Hong Kong,

China.

The Hong Kong International Convention for the

safety and environmentally sound management of

ship recycling, aims to ensure that vessels are to be

recycled once they have etched the end of its useful

life not involve an unreasonable risk to human

health and safety or the environment.

The text has been developed over three years of

preparatory work before the Conference, with

contributions from Member States of IMO and non-

governmental organizations and in cooperation with

the ILO and the Basel Convention Parties.

Official name in English: Hong Kong International

Convention for the Safe and Environmentally sound

recycling of ships, 2009

Control of Transboundary Movements of Hazardous

Wastes and their Disposal. Countries party to the

Convention, see: http://www.basel.int/ratif/convention.htm

The Conference has considered two important

rules of uniform law: the 1989 Basel Convention on

Tran boundary Movement of Hazardous Wastes and

their Disposal. New York: UN, 1989, and the

Convention of the ILO / ILO, Safety and health in

ship breaking: Guidelines for Asian countries and

Turkey. Geneva: ILO, October 2003.

This new agreement includes: the design,

construction, operation and preparation of ships to

facilitate safe and environmentally sound recycling,

without compromising the safety and operational

efficiency of ships, the operation of ship recycling

facilities in terms of Safety and Environment and the

establishment of an enforcement mechanism for ship

recycling, incorporating certification and reporting

requirements.

The entry into force of this Convention will take

place twenty-four months that at least 15 countries

have ratified it, the sum of the fleet of these is at

least 40% of GT of the world merchant fleet and the

annual volume of barge recycling of these countries

during the ten years preceding the entry into force

not less than 3% of GT's merchant fleet of these

countries.

The Hong Kong International Convention for

Safe and Environmentally Sound Management

of the Recycling of Ships Hong Kong 2009

J. R. De Larrucea & C. S. Mihailovici

Ciencia i Enginyeria Nautiques, Universitat Politécnica Catalunya, Spain

ABSTRACT: The new international convention on ship recycling was adopted by IMO in May 2009 in Hong

Kong, China, in accordance with IMO in December 2009. The Hong Kong International Convention for the

environmentally sound management and security ships

recycling is to ensure that vessels are to be recycled

once they have reached the end of its useful life not involve an unreasonable risk to human health and safety

or the environment.

This new agreement includes: the design, construction, operation and preparation of ships to facilitate safe

and environmentally sound recycling, without compromising the safety and operational efficiency of ships,

the operation of ship

recycling facilities in terms of Safety and Environment and the establishment of an

enforcement mechanism for ship recycling, incorporating certification and reporting requirements.

The text has been developed over three years of preparatory work before the Conference, with contributions

from Member States of IMO and non-governmental organizations and in cooperation with the ILO and the

parties of Convention Basilea

563

2 GENERAL OBLIGATIONS AND

DEFINITIONS

Article 1 of the Convention defines the obligations

of each Member State: the obligation to assume all

the means available to prevent, reduce, minimize

and, wherever possible, eliminate accidents and

other risks that affect health human and the

environment caused by the ship recycling, and

improve safety on the ship, the protection of human

health and the environment over the life of the ship.

Members should endeavor to cooperate with the

purpose of effective implementation of the

Convention and the development of technologies

and practices that contribute to security and

sustainable ship recycling.

Article 2 of the Convention provides all the

definitions necessary for proper interpretation.

The following defines some of the most relevant

concepts:

− Boat means any vessel operating or has operated

in the marine environment, including submersi-

bles, floating craft and floating platforms, includ-

ing ships stripped of equipment or being towed.

− Hazardous material means any material or sub-

stance that may create a hazard to human health

or the environment.

− Recycling of ships: the activity of a full or partial

disarmament of a boat in a ship recycling facility

to recover materials and components for a repro-

cessing and reuse, product managers and other

toxic materials, and includes associated opera-

tions such as storage and treatment of compo-

nents and other materials in situ, but not further

processed or disposed of in other facilities.

− Installation of ship recycling area defined as

place, yard or facility used for the recycling of

ships.

− Recycling Company, the owner of the ship recy-

cling facility or other organization or person who

assumes responsibility for the implementation of

the ship recycling activity from the owner of the

facility for the recycling of ships and who on as-

suming such responsibility agrees to bear all the

obligations and liabilities imposed by the Con-

vention.

3 SCOPE

According to Article 3, the Convention shall apply,

unless willing to be otherwise in the Convention, to:

− Vessels entitled to fly the flag of a Member State

or operating under its responsibility.

− Ship recycling facilities operating under the juris-

diction of a member state. Not apply, in line with

other IMO Conventions:

− Warships, auxiliary vessels or vessels owned or

operated by a member state and used for non-

commercial service.

− Vessels under 500 GT or ships operating solely in

its life in waters under the sovereignty or jurisdic-

tion of the country which is entitled to fly the

flag.

With respect to those ships flying the flags of

states not belonging to this Convention, member

states apply the requirements of the Convention to

ensure that they are not given anyfavorable

treatment.

4 CONTROLS AND INSPECTIONS

4.1 Controls relating to the recycling of ships

Member State shall establish controls over:

− Vessels flying its flag or operating under their au-

thority, which must comply with the requirements

of the Convention and implementing the

measures.

− Ship recycling facilities under their jurisdiction.

Must meet the requirements of the Convention

and enforce the measures.

According to Article 5 Member States must

ensure that vessels flying its flag or operating under

authority and subject to inspection and certification

are inspected and certified in accordance with

regulations of the Annex.

4.2 Control and listing of hazardous materials

In accordance with this Convention, each State shall:

− Prohibit or restrict the installation or use of haz-

ardous materials listed in Appendices 1 and 2 of

the Convention on ships under their flag or juris-

diction, whether in ships, ports, shipyards or off-

shore platforms.

− New ships carry on board an inventory, verified

by the Administration or any person or body au-

thorized, Hazardous Materials. This inventory

will be specific to each vessel and indicate the

amount and location. Existing ships must comply

with all possible with this list no later than 5

years after entry into force of the Convention, or

before going to scrap if before this period.

− Vessels that are to be recycled only be recycled

Ship Recycling Facilities authorized by the Con-

vention and will be one in which doing a Ship

Recycling Plan. Before entering the waste loading

facilities, fuel and waste on board should be the

minimum. Fuel tanks and cargo tanks that have

contained any toxic or flammable substance shall

be designed to enter and / or work in them.

− A Ship Recycling Plan must be carried out by the

Facility where it will be recycled boat before

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starting any recycling process taking into account

the guidelines developed by the Organization and

the information provided by the owner of the

boat. Information on the establishment, mainte-

nance and monitoring of working conditions and

the amount and type of hazardous substances to

be treated, including those listed in the Inventory

of Hazardous Materials.

− Vessels must pass an initial review before being

put into service or before the International Certif-

icate in Hazardous Materials is issued. In addi-

tion, inspections at intervals as the Administration

but not exceeding 5 years. If repairs are carried

out or any significant change in the structure will

pass a special review to ensure that it continues to

comply with the provisions of the Convention.

4.3 Approval of ship recycling facilities

Under Article 6 Member States must ensure that

ship recycling facilities operating under its

jurisdiction and that ships recycled to which this

Convention applies to them, or boats treaties under

Article 3.4 of this Agreement, are authorized

according to the provisions of the Annex.

4.4 Controls recycling facility boats

− Each State should establish legislation, regula-

tions and standards necessary to ensure that ship

recycling facilities are designed, constructed and

operated in a safe and environmentally sustaina-

ble under the regulations of this Convention.

− The Ship Recycling Facilities authorized by a

State must establish procedures and techniques

that do not endanger workers or contaminate the

surroundings. Must prevent, reduce and / or min-

imize adverse environmental effects taking into

account the guidelines developed by the Organi-

zation. Furthermore, only accept ships that com-

ply with the provisions of this Convention and

have all the documentation and certificates avail-

able.

4.5 Charter plan recycling facility

The ship recycling facilities must have a plan which

includes:

− A policy ensuring the safety of workers and pro-

tection of human health and the environment,

− Identification of tasks and responsibilities of

workers and managers in their tasks,

− Inform and prepare workers for safe and envi-

ronmentally friendly facilities,

− Emergency response plan,

− Monitoring plan of the ship recycling,

− Report of discharges, emissions and accidents

causing damage or potentially hazardous to

workers and the environment

− Report of illness, accident, injury or other dislikes

that may occur to workers.

It also establishes that each Ship Recycling

Facility must have procedures to:

− Avoid explosions, fires, hazardous atmospheres

and other risks for working with high tempera-

ture,

− Prevent spills and releases that could harm human

health and the environment.

Regarding the handling of dangerous substances

all Ship Recycling Facility must ensure that

hazardous materials listed in the inventory must be

identified, labeled, packaged and handled by

operators trained and equipped for it taking into

account the guidelines of the Organization, in

particular:

− Liquid hazardous waste and sediment

− Substances and objects with heavy metals like

lead, mercury, cadmium and chromium,

− Highly flammable paints containing lead,

− Asbestos and materials containing asbestos,

− Plastic contaminants

− Products with CFCs

− Other hazardous materials that are not mentioned

above and as part of the ship's structure.

Establishing a plan to respond to emergencies,

which include:

− Ensure that equipment and procedures used and

followed properly to protect the integrity of indi-

viduals and to avoid contamination of the envi-

ronment,

− Providing a center for medical and first aid to the

installation, as well as means of fire fighting,

evacuation and prevention of pollution, and

− To inform and train workers in the Installation in

accordance with its powers, including simulation

exercises.

Facility workers should be trained to safely

perform the tasks they are intended, and the proper

use and maintenance of personal protective

equipment. These teams will consist of:

− Protect your face and eyes,

− Protection of hands and feet

− Hearing protection, protection against radioactive

contamination,

− Fall protection, and

− Appropriate clothing to their task.

4.6 Information exchange

According to Article 7 Member States which have

authorized facilities for the recycling of ships

provided to the Organization and other members, if

required, relevant information, under the

Convention, by which its authorization decision is

565

based. This information will be shared with the

shortest possible.

4.7 Inspection of boats

Article 8 defines where, by whom, when and what

will be inspected the ship:

− Any vessel to which it is subject to this Agree-

ment may be subject to inspection at any port or

offshore terminal of another member state, by of-

ficers authorized by the member state. This in-

spection is limited to verifying that he is on board

the International Certificate in Hazardous Materi-

als Inventory.

− When a ship does not carry a valid certificate or

are indications to believe that:

1 The condition of the ship or its equipment does

not correspond to the particularities of the cer-

tificate and / or Part I of the Hazardous Materi-

als Inventory, or

2 Board has not implemented a process for main-

taining the Inventory of Hazardous Materials;

It may make a detailed inspection by the guid-

ance of the Organization.

5 VIOLATIONS, DISCLOSURE, TECHNICAL

ASSISTANCE AND COOPERATION

Articles 9 and 10 establish the modus operandi of

the States in case of infringement. Member States

should cooperate in the detection of violations, both

on ships and in ship recycling facilities and the

implementation of this convention.

Any violation of the requirements of this

Convention within the jurisdiction of a Member

State shall be prohibited and appropriate sanctions

will be carried out according to the law itself. When

a breach occurs the Member State must act

according to its own laws or facilitate the

administration of boat information and evidence in

its possession which has violated the Convention.

In the case of a ship:

− The law shall be that of government where the of-

fense.

− If the Administration is informed by another State

of an offense, are investigating the incident and

may request information and evidence to the State

on the violation.

− The Administration shall inform the other State

and the Organization of measures taken. These

measures were taken during the period of one

year and may be, warn, detain or refuse entry to

its ports Boat.

− Avoid stopping or unduly delay a boat.

− When a ship is unduly detained or delayed, you

will be compensated for any loss or damage.

In the case of a ship recycling facility.

− The law shall be that of the State having jurisdic-

tion over the installation.

− If the State is informed by another State of an of-

fense, it will investigate the incident and may re-

quest information and evidence to the other State.

− The State shall inform the other State and the Or-

ganization of measures taken.

These measures were taken during the period of

one year.

According to Article 12 each State shall inform

the Organization and the properly distribute the

following information.

− List of ship recycling facilities and licensed juris-

diction.

− Contact details of the authorities, including the

head.

− List of recognized organizations and inspectors

working on behalf of Directors and its responsi-

bilities.

− Annual list of vessels flying the flag of a State to

which they have been issued the Certificate of

Recycling, including the name of the recycling

company and the location of the ship recycling

facility set forth in the certificate.

− Annual list of the ships recycled within the juris-

diction of a State.

− Information on violations of the Convention.

− Actions on ships and recycling facilities under the

jurisdiction of a State.

According to Article 13, States, directly or

through the Organization or other international

bodies will support those states requiring assistance

regarding security and sustainable ship recycling:

− Personnel training

− Availability of technology, equipment and facili-

ties,

− Research and joint development programs, and

− Effective implementation of the Convention and

the guidelines developed by the organization.

6 CONCLUSIONS

The Basel Convention published the ‘Technical

Guidelines for the Environmentally Sound

Management of the Full and Partial Dismantling of

Ships’ in 2003 which was a predecessor to the Hong

Kong Convention. This document defined the

‘environmentally sound management of ship

dismantling’ as: “taking all practicable steps to

ensure that hazardous wastes or other wastes are

managed in a manner that will protect human

health”.

Technical Guidelines for the Environmentally Sound

Management of the Full and Partial Dismantling of Ships

566

The Hong Kong Convention is in place to

implement this through legislation and includes the

presence of hazards on ships “hazardous substances

such as asbestos, heavy metals, hydrocarbons,

ozone-depleting substances and others”

Secretary for Transport & Housing Eva Cheng

said: "This significant international convention

provides a single regulatory platform needed to

address safety, health and environmental issues in

the disposal of end-of-life ships. It will help protect

the health of workers in recycling yards, reduce

damage to the environment and be instrumental to

the sustainable development of the shipping industry

worldwide."

One of the most important requirements under the

new convention is the need to have an updated

inventory of hazardous materials aboard a ship so

precautionary measures can be taken to protect

workers and the environment.

REFERENCES:

IMO International Convention for Safety Hong Kong and

Recycling Boat environmentally reasonable. London: IMO,

May 2009.

IMO London Convention 1972 and the 1996 Protocol on the

Prevention of Marine Pollution by Dumping of Wastes and

Other Matter (edition 2003). London: IMO, 2003.

IMO, MARPOL 73/74, Regulation 13G of Annex I. Revised

edition 2003. London: IMO, December 2003.

UN, the 1975 Barcelona Convention for the protection of the

marine and coastal Mediterranean region. New York: UN,

1975.

UN, 1989 Basel Convention on Tran boundary Movement of

Hazardous Wastes and their Disposal. New York: UN,

1989.

ILO Safety and health in ship breaking: Guidelines for Asian

countries and Turkey. Geneva: ILO, October 2003.

http://www.imo.org

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