Leyers the hong kong convention a globally applicable standard

The Hong Kong Convention – a globally applicable standard Simone Leyers Associate Professional Officer Marine Environment Division International Maritime Organization

International Conference on Ship Recycling – SHIPREC 2013 7 - 9 April 2013, World Maritime University, Malmö, Sweden

Contents 1. The development of the HKC 2. Where are we today? a) The requirements under the Convention b) The entry into force conditions c) The Conference resolutions 3. …and what remains to be done?

Development of the HKC (1/6) MEPC 42 (11/1998)

The issue of ship recycling was first brought to the attention of IMO’s Marine Environment Protection Committee (MEPC)

MEPC 47 (03/2002)

MEPC agreed that IMO should develop recommendatory guidelines to be adopted by an Assembly resolution

MEPC 49 (07/2003)

MEPC finalized the IMO Guidelines on Ship Recycling

Assembly 23 (12/2003)

IMO Assembly adopted the IMO Guidelines on Ship Recycling by resolution A.962(23)

Assembly 24 (12/2005)

IMO Assembly adopted resolution A.981(24) instructing MEPC to develop a “new legally binding instrument on ship recycling”

Development of the HKC (2/6)

ONLY 3 ½ YEARS LATER ON THE 15 MAY 2009

Adoption of the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ship, 2009.

Development of the HKC (3/6) The diplomatic Conference also adopted six resolutions: 1 Expression of appreciation to the host Government 2 Contribution of the Parties to the Basel Convention and ILO 3 Promotion of technical co-operation and assistance 4 Future work by the Organization pertaining to the HKC 5 Early implementation of the technical standards of the HKC 6 Exploration and monitoring of the best practices for fulfilling the requirements of the HKC

Development of the HKC (4/6) Resolution 4 – Future Work by the Organization pertaining to the Hong Kong Convention invited IMO to: Develop the guidelines (non-mandatory) referred to in the Convention in order to ensure global, uniform and effective implementation and enforcement of the relevant requirements of the Convention.

Development of the HKC (5/6)

AND ANOTHER 3 ½ YEARS LATER

Having adopted (and amended) four of the six guidelines required under the HKC at MEPC 61, MEPC 62 and MEPC 63, the remaining two sets of guidelines were adopted by MEPC 64 on 5 October 2012.

Development of the HKC (6/6) resolution MEPC.196(62)

2011 Guidelines for the Development of the Ship Recycling Plan

resolution MEPC.197(62)

2011 Guidelines for the Development of the Inventory of Hazardous Materials

resolution MEPC.210(63)

2012 Guidelines for the Safe and Environmentally Sound Ship Recycling

resolution MEPC.211(63)

2012 Guidelines for the Authorization of Ship Recycling Facilities

resolution MEPC.222(64)

2012 Guidelines for the Survey and Certification of Ships under the Hong Kong Convention

resolution MEPC.223(64)

2012 Guidelines for the Inspection of Ships under the Hong Kong Convention

Contents 1. The development of the HKC 2. Where are we today? a) The requirements under the Convention b) The entry into force conditions c) The Conference resolutions 3. …and what remains to be done?

Where are we today?

The requirements under the Hong Kong Convention and its associated guidelines

The HKC consists of:

21 Articles

establishing the main legal mechanisms

25 regulations

containing technical requirements

7 appendices

with lists of Hazardous Materials and various forms required under the Convention

providing clarifications, interpretations, and 6 non-mandatory uniform procedures for technical issues guidelines arising from the provisions of the Convention

Who has responsibilities under the HKC?

SHIP RECYCLING FACILITIES

SHIPS AND FLAG STATES

RECYCLING STATES SHIPBUILDING STATES

HKC

PORT STATES

Main features of the HKC (1/6) Inventory of Hazardous Materials (IHM) – Part I

Main features of the HKC (2/6) Appendix 1 of HKC

Appendix 2 of HKC

Asbestos

Cadmium and Cadmium Compounds

Ozone-depleting substances

Hexavalent Chromium and Hexavalent Chromium Compounds

Polychlorinated biphenyls (PCB)

Lead and Lead Compounds

Anti-fouling compounds and systems

Mercury and Mercury Compounds Polybrominated Biphenyl (PBBs) Polybrominated Diphenyl Ethers (PBDEs) Polychlorinated Naphtalenes Radioactive Substances

CRADLE-TO-GRAVE APPROACH

Certain Shortchain Chlorinated Paraffins (Alkanes, C10-C13, chloro)

Main features of the HKC (3/6) Ship Recycling Plan (SRP) For every ship that comes for recycling, a ship-specific SRP shall be developed.

The SRP shall be approved (tacitly or explicitly) by the Competent Authority of the recycling State and shall then be made available to the ship for its final survey.

Main features of the HKC (4/6) International Ready for Recycling Certificate (IRRC) Once the approved SRP is received from the facility, the shipowner has to arrange for a final survey to verify the IHM and that the SRP reflects correctly the IHM. Following the final survey the shipowner has to obtain the IRRC from the flag State or its Recognized Organization.

Main features of the HKC (5/6) Ship Recycling Facility Plan (SRFP) Each Ship Recycling Facility shall develop and implement a SRFP. The SRFP shall cover: • worker safety and training; • protection of human health and the environment; • roles and responsibilities of personnel; • emergency preparedness and response; and • systems for monitoring and reporting and record-keeping.

Main features of the HKC (6/6) Document of Authorization to Conduct Ship Recycling (DASR)

Any ship recycling facility, which recycles ships to which the Hong Kong Convention applies, has to be authorized by a Party.

Where are we today?

How will the Hong Kong Convention enter into force?

Entry into force conditions (1/4)

Entry into force conditions (2/4)

In 2013 the requirements for entry into force of the HKC are that the Convention has to be ratified by at least: • 15 States; • whose fleets amount to at least 436,111,912 GT; and • whose recycling facilities’ combined maximum annual ship recycling volume is at least 13,083,357 GT.

Entry into force conditions (3/4)

Which States could satisfy the 436,111,912 GT “tonnage condition�?

Entry into force conditions (4/4) Which States could satisfy “the recycling capacity condition” of 13,083,357 GT?

In the last decade around 97% of the world’s recycled tonnage (in GT terms) has been recycled by the same five countries: • • • • •

Bangladesh (6.6 MGT) China (7.7 MGT) India (8.5 MGT) Pakistan (3.0 MGT) Turkey (1.1 MGT) -

large recycling capacity medium recycling capacity small recycling capacity

Where are we today?

The Conference resolutions

The Conference resolutions (1/8) 1 Expression of appreciation to the host Government

The Conference resolutions (2/8)

2 Contribution of the Parties to the Basel Convention and ILO

The Conference resolutions (3/8) IMO = responsible for measures to improve the safety and security of international shipping and to prevent marine pollution from ships.

ILO = responsible for drawing up and overseeing international labour standards.

SBC = Secretariat of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal.

ILO SBC

IMO

The Conference resolutions (4/8)

3 Promotion of technical co-operation and assistance

The Conference resolutions (5/8) 10/2009

Workshop on Ship Recycling and the HKC, Izmir, Turkey

05/2010

Regional Workshop on the Early Implementation of the Technical Standards of the HKC, Pattaya, Thailand

07/2010

Participation in Ship Recycling Technology & Knowledge Transfer Workshop, Izmir, Turkey

11/2011

National Workshop on the Growth of an International Ship Recycling Industry in the Philippines based on Compliance with International Safety and Environmental Standards, Manila, Philippines

05/2012

IMO National Workshop on the Early Implementation of the Technical Standards of the HKC in China, Beijing, China

The Conference resolutions (6/8) Norad-funded project for the safe and environmentally sound recycling of ships in Bangladesh - project document under discussion

OBJECTIVE POTENTIAL IMPLEMENTING AGENCY POTENTIAL PARTNERS

Improve standards and sustainability of the industry, and assist the ship recycling industry in Bangladesh to meet HKC requirements.

International Maritime Organization

ILO, SBC, UNIDO

The Conference resolutions (7/8)

4 Future work by the Organization pertaining to the HKC

The Conference resolutions (8/8)

5 Early implementation of the technical standards of the HKC

Contents 1. The development of the HKC 2. Where are we today? a) The requirements under the Convention b) The entry into force conditions c) The Conference resolutions 3. …and what remains to be done?

…and what remains to be done?

2 Contribution of the Parties to the Basel Convention and ILO 3 Promotion of technical co-operation and assistance 4 Future work by the Organization pertaining to the HKC 5 Early implementation of the technical standards of the HKC 6 Exploration and monitoring of the best practices for fulfilling the requirements of the HKC

Thank you for your attention!

Any views expressed in this presentation are those of its author.