Baumler linkage between basel convention and hong kong convention

WRITTEN BY Commandant AnupamRai and Dr. Raphaël Baumler Presented by Dr. Raphaël Baumler

“The issue of ship recycling had become a growing concern, not only from the environmental, but also from the occupational health & safety points of view”.

Former IMO Sec. General, E.E Mitropoulos, MEPC 54 – Mar 06

Introduction Regulations – instruments and guidelines • Multi-player process (UN bodies and Industry) • From guidelines to dedicated conventions • ILO produced guidance document 2003-2004 • Basel Convention produced guidelines in 2002 • Industry code of practice on ship recycling by ICS in 2001 • IMO Guidelines on shiprecycling (2003) AND a the 2009, Hong Kong International Convention

Conventions adopted in different context • BC under the United Nation Environment Programme

• HKC under the IMO • Reactive convention to an issue under the spotlight

• Reactive convention to waste exports

• Dedicated instruments

• Broad convention may be apply in the case of ships

• Intent to address the issues in the framework of the IMO and its governance

Comparison MAIN ELEMENTS (selection of)

Comparison Technique Applicability & -‘Cradle-to-Grave’ Approach Basel Convention

Hong Kong Convention

Apply to all ships when they are considered ‘waste’

Apply to ships of 500 GT & above, warship and government ships exempted in construction phase

Promotes minimization of use of hazardous material but not so successful in formalising the procedure like ‘Cradle-to-Grave’ approach

CTG approach - minimize haza rdous material in design & construction, operation and re cycling phase

Strength

Weakness

Comparison Technique Authorization of Recycling Facilities Basel Convention Does not provide for specific requirements for authorization criteria and procedures although it does emphasise the need for ESM and avoidance of pollution

Strength

Weakness

Hong Kong Convention It establishes safe and environmentally sound treatment requirements for authorization, which goes beyond the mere requirement of ESM

Comparison Technique Polluter Pays Principle and Prior Decontamination Basel Convention Ensures the potential polluter must prevent or pay for remedying the consequences of pollution

Hong Kong Convention Fails to explicitly incorporate polluter pays principle which was internationally established in 1992 by the Rio Declaration Neglects the responsibility of pre-cleaning by the ship owner or flag State

Provision of Ship Recycling Fund Strength

Weakness

No Ship Recycling Fund and no mechanism to force the ship-owners to internalize the costs related disposal of waste

Comparison Technique Consistency in Technical Standards Basel Convention

Hong Kong Convention

It has separate set of Technical Guidelines, distinct from the body text (insufficiently weighted)

Lays down a uniform set of technical standards for ship recycling facilities &procedure as an integral part of the instrument

No detailing about shore facility management, prevents the Convention to interfere with national requirements and practices

Preparation for Ship Recycling can easily be considered out of the scope of the IMO because its aim is to regulate an activity occurring ashore under national jurisdiction

Strength

Weakness

Harmonisation technique MAIN COMPONENTS (selection of)

Harmonisation Technique Indication of Coexistence No consensus on equivalent level of control of two instruments during 10th COP at Cartagena, Columbia in Oct 2011(BC-10/17) Encouragement to ratify Hong Kong Convention Acknowledgement that Secretariat of Basel Convention should continue to assist countries apply the Convention as it relates to ships and develop further programmes for sustainable ship recycling, in conjunction with IMO and ILO

Harmonisation Technique Relationship with international law and Agreements Hong Kong Convention According to Art. 15 the Convention shall not prejudice the rights and obligations of Parties under other relevant and applicable international agreements, which mean it recognizes other internatio nal agreements of ship recycling like ILO and Basel Convention instruments. Thus, this article provisioned the required connection between Hong Kong Convention and Basel Convention.

Harmonisation Technique Relationship with other Standards, Recommendations and Guidance Hong Kong Convention According to Reg. 3, Parties shall implement the requirements of the regulations‌taking into account the relevant and applicable technical standards, recommendations and guidance developed under the Basel Convention. Thus, Hong Kong Convention recognize the competency of Basel Convention and requires implementation of its regulations, which means both Conventions should coexist.

Harmonisation Technique Prior Informed Concerned (PIC) Basel Convention regulates the movements of hazardous wastes by imposing prohibition of exports to non-Parties without an “Article 11 agreement” and also it is considered more stringent procedure than PIC under HK Convention

Basel Convention Hong Kong Convention Article 4.11 allows States to impose more rigorous requirements consistent with the Conventions and the international law

Article1.2 –Parties can enforce more stringent measures consistent with international law…in order to prevent, reduce or minimize any adverse effects on human health and the environment.

Conclusion Basel and Hong Kong Conventions Basel Convention was not self-sufficient and specific enough to regulate end-of-life ships Practical difficulties of governance structures of international shipping and implementation of the Basel Convention norms in the field of shipbreaking.

Comparison study of two instruments highlight few issues Lacunae

Strong Points

• Exclusion of Naval & Govt ships • Cradle – to – Grave principle • Dilution of PIC norms

• Authorization of recycling facilities • OHS provisions

• P r o v i s i o n s f o r t r a d e w i t h • ESM & PIC concepts of Basel non-parties Convention

Conclusion Basel and Hong Kong Conventions The strength of two conventions will provide the overlap and plug the regulatory gaps.

The Articles 1.2, 15.2, 20.3 and regulation 3 of the Hong Kong Convention and Articles 4 & 11 of the Basel Convention, offers the framework to establish linkages between the two Conventions.

Waste stream supervision is absent from the HK Convention but may be complemented by the Basel Convention during the national implementation process.

Competency of two instruments is such, while working together it provide better regulatory regime for sustainable ship recycling and address the health, safety and environmental protection issues concerning end-of-ship-life

Questions?