Platform News – Atlantic Container Line steaming for sunshine

Grimaldi Group’s subsidiary ACL illegally exports toxic waste to South Asia, while authorities are inert

 

During the summer, the Swedish-flagged ATLANTIC CARTIER and ATLANTIC CONVEYOR, the two last G3 vessels operated by the Italian Grimaldi Group’s subsidiary Atlantic Container Line (ACL), were sold for demolition. The German competent authorities were alerted about the imminent illegal export of the ships from the port of Hamburg and prompted to take action to stop the vessels from departing. Despite the warnings and the clear signs that the ships were destined for scrap, the authorities did not halt the ships. The ATLANTIC CARTIER arrived in Alang, India, on the 20th of September, and the ATLANTIC CONVEYOR hit the beach on the 7th of October, after vessel tracking providers curiously indicated that the container carrier was “Steaming 4 Sunshine”.

 

 

International waste laws and the EU Waste Shipment Regulation are usually circumvented by ship owners who falsely declare that end-of-life ships are in continued operational use when leaving a port, thereby concealing the fact that they are destined for scrapping and have, therefore, become a waste. The cases of the CARTIER and the CONVEYOR are no exception.

 

The German authorities were not the only ones that have been contacted before the vessels’ final voyage. Also authorities from Canada and the UK, countries through which the CARTIER and the CONVEYOR sailed before arriving in Hamburg for their last EU port call, knew that the ships had been sold to the beach; yet, when questioned, ACL did not reveal that the ships were sold for breaking. Once having left the EU, both vessels operated for a short while in South-Eastern Africa – still under the same name, flag and ownership – waiting for the attention on them to fade. During that time, ACL contacted the Swedish authorities asking for advice on which steps should be taken if the company decided to recycle the ships. Despite the recommendations of Sweden to scrap the vessels in the EU or in an OECD country, there was no way to ensure that these recommendations would be followed, since at that point the ships were no longer in the EU. Rather, it is clear that this communication was a way for ACL to make it seem like the company had acted diligently by seeking advice from the flag-state, as well as to fraudulently make it seem as the decision to dispose of the container carriers was only taken once outside of EU waters.

 

According to the German port authorities, there was no evidence base for the arrest of the vessels, even though the logos of both the CARTIER and the CONVEYOR had been painted over before the final voyage. Moreover, it was well-known within the industry that these two sister ships would be sold for breaking in the summer, as ACL itself indicated that the ships would be scrapped on the cash-buyer GMS’ website last year. In light of this, the Platform has recently sent aletter to the German authorities asking them to hold Grimaldi Group’s ACL accountable for having breached European waste laws.

 

End-of-life sales to South Asian yards are done with the help of a cash-buyer, a company specialised in trading end-of-life vessels to the dirty and dangerous beaching yards. It is not the first time that Grimaldi Group sends its ships to be broken on the beaches: the ATLANTIC CONCERT and ATLANTIC COMPASS were beached in Alang last year. In 2016, during an official meeting in Rome, the Platform raised serious concerns regarding the more than 90 Italian-owned end-of-life vessels that had been sent to dirty and dangerous scrapping yards in Bangladesh, India and Pakistan in the last seven years. The Platform advised the Italian Ship Owners Association, including representatives of Grimaldi Group, to stop selling their end-of-life vessels to unscrupulous cash buyers, and urged the Italian ship owners to ensure the safe and environmentally sound recycling of their ships. Hence, it is clear that the Platform’s message has not been taken into consideration.

 

Platform News – Investigations ongoing after Norwegian authorities press charges against owners of Harrier

The HARRIER is still under arrest in Norway after its owners failed to illegally set sail for the dangerous and dirty scrapping yards in Gadani, Pakistan, last February. The owners are now forced to find a safe and environmentally sound recycling destination. In parallel, investigations are still ongoing following the charges pressed by the Norwegian environmental authorities against the owners of the TIDE CARRIER for having attempted to breach existing waste trade laws [1].

 

At the edge of bankruptcy, Eide Group sold the previously named EIDE CARRIER, which had been laid up for 10 years, to cash buyer Wirana, a scrap dealer specialized in trading toxic ships to dirty and dangerous scrapping yards in South Asia. Wirana registered the vessel under an anonymous Saint Kitts and Nevis post box company called Julia Shipping Inc. The ship was renamed TIDE CARRIER and supposedly changed registry to the Paris MoU black-listed flag of Comoros. Based on fraudulent information that the vessel was heading for repair works in the Middle-East, Norwegian authorities allowed the ship to leave the west coast of Norway on 22 February 2017.

 

Had Wirana disclosed that the true destination was the beach of Gadani in Pakistan the vessel would not have been allowed to depart: exporting ships for dirty and dangerous scrapping is illegal under international waste trade laws. All ships contain many toxic materials within their structure and in their paints and the law requires that these should be managed in a way that protects people and the environment from harm. Extremely low operating standards at the beaching yards enable them to offer higher prices for the ships than facilities that operate in line with safety and environmental norms. Wirana knows this and the law very well, and for the sake of extra profits they therefore presented a fake contract for repairs in Oman.

 

However, the ship’s deteriorating condition caused the engine to stop only hours after its departure. Despite stormy weather, the vessel’s new captain from Nabeel Ship Management did not call for help. The risk of oil spill and grounding close to one of the most known beaches in Norway was high and was only dodged thanks to the Norwegian coastguard’s decision to trigger a salvage operation. An environmental disaster in Norway was avoided, and with the arrest of the ship in April the Norwegian authorities effectively averted another environmental injustice on the Gadani beach, where it was actually destined for scrap. Less than a year ago Gadani saw the worst shipbreaking catastrophe of the industry’s history[2].

 

Already in the summer of 2015, the Platform was informed that the vessel had been sold for breaking. Confronted with the illegality of exporting the ship to South Asia, Eide Group denied that the vessel would be scrapped at the time. One and a half years later, after the ship had been salvaged and was laid up in Gismarvik, the Environment Agency and the police found evidence that the vessel was under a “break up voyage” insurance from Norway to Gadani, Pakistan. That, and the fact that the contact person for Julia Shipping Inc in the sales contract that dated from summer 2015 is Keyur J. Dave, Chief Financial Officer at Wirana, are clear indicators that the vessel was headed to a scrap yard in Pakistan when it left Norway. All vessels broken in South Asia pass via the hands of a cash buyer. Singapore-based Wirana and US-based GMS are the two largest cash buyers, both of which are inherently entangled with the South Asian breakers.

 

Consequently, it became clear that the repair contract in Oman which had been provided to the Norwegian authorities as a way to escape checks for the illegal export of the vessel was false. The Norwegian Environment Ministry therefore rejected the complaint of Julia Shipping Inc, represented by law firm Wikborg Rein, for the arrest order. The post-box company Julia Shipping Inc refuses to reveal its ownership structure. To further point to the lack of accountability, the Norwegian newspaper, Bergens Tidende, revealed in a longer article, published in August, that when the Norwegian authorities had contacted the Comoros registry regarding the TIDE CARRIER, the Comoros registry answered that they did not have any information about the ship being registered under their flag. Only days later the vessel changed name again to HARRIER and swapped flags again to that of another Paris MoU black-listed flag: Palau. Both Comoros and Palau are popular end-of-life flags. In 2016, out of 668 ships that were beached, 42 had the flag of Palau and 47 were beached under the flag of Comoros. The now-called HARRIER is not allowed to leave Norway unless it is to sail to a ship recycling destination in line with international and European hazardous waste laws.

 

In the meantime the owners of the HARRIER owe the private port of Gismarvik and GMC Maritime several million NOK as port fees. The vessel left Gismarvik in June and is now anchored off the coast of Farsund where two crew members remain confined onboard the ship and the continuous use of the ship’s engine is creating unneglectable nuisance to local inhabitants.

 

© Jon Ingemundsen

This is not the first time that cash buyers seek to circumvent environmental protection laws by providing fake sales or repair contracts. The Norwegian owned CITY OF TOKYO was allowed to leave the port of Antwerp under the pretense of repair work in Dubai – instead it sailed directly to the infamous beaching yards in Bangladesh. The FPSO NORTH SEA PRODUCER was also illegally exported from the UK to Bangladesh under the pretense of further operational use in Nigeria. Cash buyer GMS used grey- and black listed Paris MoU flags and established anonymous post box companies in both cases.

 

The TIDE CARRIER case reveals the typical business practices of ship owners and cash buyers, and adds to several other cases where authorities have been lied to and provided false information as a way to escape checks for the illegal export of end-of-life ships. At least in the TIDE CARRIER case, the Norwegian authorities have so far not been gullible to fall for the well-known tricks of the game.

 

 

NOTES

 

[1] See the Norwegian environmental authorities’ press release.

[2] See also our release on a second accident that took place earlier this year.

 

Platform News – NGOs maintain pressure on owners and scrap dealers of FPSO North Sea Producer

 

16 August of last year the FPSO NORTH SEA PRODUCER was beached in Chittagong, Bangladesh. The ship was allowed to leave the UK based on the false promise that it would be further operationally used in the Tin Can port in Nigeria. One year on, the battle to hold the owners and cash buyers accountable for the illegal export of the FPSO is not over.

 

The North Sea Producer (ex Dagmar Maersk) was deployed in the McCulloch field in the North Sea, transporting and extracting oil from the UK continental shelf for 17 years, and was owned by the North Sea Production Company, a single-ship joint venture between the Danish A.P. Moeller Maersk and the Brazilian Odebrecht. Once the field closed, the NORTH SEA PRODUCER was laid up in Teesport for a year while the owners were looking for buyers. For scrapping purposes the ship was only allowed to be sold to a facility within the OECD as any export of hazardous waste outside the OECD is in breach of International and EU law. However, selling the FPSO to a recycler that could safely handle all the hazards of the ship within the OECD would have meant that the owners would not have made as big a profit as selling it to less scrupulous breakers operating on tidal beaches in South Asia. Maersk and Odebrecht thus settled to sell the ship to the largest vessels’ scrap dealer, cash buyer GMS, through a St. Kitts and Nevis post box company called Conquistador Shipping Corporation, and provided the UK authorities with a false contract stating that the NORTH SEA PRODUCER had found a new owner who would operate the ship in Nigeria.

 

Despite the vessel being under the radar of local communities in Teesside and was well-known in the shipping industry for needing to be scrapped, the UK authorities relied on the false contract to allow the FPSO to leave on tug. The NORTH SEA PRODUCER was then directly towed all the way from the UK, around the African continent, to Bangladesh. NGOs were quick to alert both the UK and Bangladesh governments of the illegal export [1]. It was only once the FPSO had left the UK – and after the case was strongly criticised in Danish and international press – that Maersk was “very, very sorry” that Conquistador Shipping Corporation apparently took the independent decision to beach the NORTH SEA PRODUCER in Chittagong for dirty and dangerous scrapping. Maersk has since claimed in its Sustainability Report 2016 that it has cut all commercial ties with the buyer of the NORTH SEA PRODUCER: an obviously meaningless statement if that implies cutting ties with a single-ship post box company. Maersk however still refuses to admit that they sold the ship to GMS, the largest waste traffickers in end-of-life ships, as doing so would clearly indicate that they knew all along that the ship would directly head to a scrap yard. It was evident that the bungalow in St Kitts and Nevis, where Conquistador Shipping Corporation was just the shell company set up by GMS to make it look like it was sold to a legitimate buyer, would not further operate the FPSO. Or was Maersk fooled by the tricks of the trade? Did they really believe that the ship would continue to operate under the ownership of the world’s largest scrap dealer? Chances are they were not fooled at all, but were in fact orchestrators of an illegal export alongside GMS.

 

Once the ship arrived at Janata Steel in Chittagong, and upon alerts issued by local NGOs, the Bangladesh Attorney General of the Department of Environment set up a special committee to determine the presence of contaminated residues, and to investigate the ship’s illegal import due to lack of necessary clearances and false claims that it was hazardous-free. Having operated in the North Sea, the vessel’s pipelines are likely to contain residues contaminated by radioactive materials and sulphur. Other toxics, such as asbestos and heavy metals, are contained within the structure and paints of the ship. Upon a request from the Platform’s member organisation Bangladesh Environmental Lawyers’ Association (BELA), the report on the ship’s condition was released in June: it’s conclusion was that radioactive residues were found upon inspection and that further surveys needed to be carried out on the whole ship. BELA subsequently succeeded in getting an injunction on the breaking of the North Sea Producer until October, which is when the Court will resume the case after the Eid recess.

The North Sea Producer beached in Chittagong – © NGO Shipbreaking Platform

In the UK, the Platform demanded the Secretary of State for Environment, Andrea Leadsom, to investigate the illegal export from Teesport [2]. DEFRA has been looking into the case for nine months now, and the Platform recently requested that they share information on their findings and on the action which they will be taking against the fraudulent and illegal export. In parallel Danish parliamentarians have been questioning the Environment Minister, Esben Lunde Larsen, on what actions Denmark can take to hold Maersk accountable.

 

One year on since the beaching of the NORTH SEA PRODUCER, the story is thus far from over. One year on and there are legal proceedings in the exporting state, the UK, and the importing state, Bangladesh, to hold Maersk, Odebrecht, GMS and the importers accountable for their illegal trade of a highly toxic and particularly risky ship to dismantle.

 

 

NOTES

 

[1] See our release.

 

[2] Read the letter.

 

Press Release – European commission reports on feasibility of a financial instrument

NGOs urge that it is necessary to hold the shipping industry accountable

 

The European Commission released its report on the viability of a financial incentive for sustainable ship recycling under the EU Ship Recycling Regulation this week. Whilst it acknowledges the benefits for clean and safe ship recycling such an incentive would bring, the European Commission has decided to wait with its introduction. NGOs urge the EU to take action now as it is well documented that ship owners will with ease be able to circumvent the EU Ship Recycling Regulation by simply swapping the flag of their vessel to that of a non-EU State [1].

 

The report of the European Commission is based on the study which was conducted by Ecorys, DNV-GL and the University of Rotterdam/Erasmus, and published at the end of 2016. The proposed instrument in the study is in the form of a licence which each ship, regardless of its flag, needs to acquire in order to enter EU ports. This licence can be bought monthly, yearly, or every 5 years, depending on the trading requirements, and will be ship-specific. At the end of the ship’s life, the money spent on buying the licences will have been put aside and can be paid back to the last owner of that ship once it is recycled at a facility which is approved according to the EU Ship Recycling Regulation. Such an incentive will offset the higher profits made when selling to substandard shipbreaking yards and ensure the proper recycling of EU-trading ships regardless of their flags.

 

In the report published on 8 August, the European Commission sees this system of the Ship Recycling Licence as a workable solution if it is demonstrated that there are many ships that will flag out to circumvent the EU Ship Recycling Regulation, thereby weakening its effectiveness. All EU-flagged vessels will have to be recycled in an EU-approved facility starting from the end of 2018 at the latest. Only once it is clear what the effects of the EU List are on the recycling choices of shipowners, will the Commission consider whether to go ahead with introducing the Ship Recycling Licence. Therefore, if shipowners choose to recycle their vessels responsibly in a facility on the EU List and do not flag out in order to circumvent the Ship Recycling Regulation, the Commission believes that it will not be necessary to introduce a financial mechanism.

 

However, flagging out at end-of-life is a practice which is already widespread. Most shipowners sell their obsolete vessels to so-called cash buyers. These scrap-dealers become the new owners of the ships and both re-name and re-flag the vessels for their last voyage to the beaching yards in South Asia. Particularly popular registries amongst the cash buyers are the Paris MoU grey- and black-listed flags of Comoros, Palau and St. Kitts and Nevis – flags that are known for their poor implementation of laws governing labour rights and environmental protection at sea. Maersk also already threatened that it would flag out its fleet from the Danish registry if the Alang beaching yards they have recently chosen to use are not approved by the EU. Swapping the flag of a ship is easy and makes it very simple for cash buyers and shipowners to circumvent the law. The motivation for doing so is also simple: dirty and dangerous shipbreaking brings higher profits due to the lack of investments in infrastructure, illicit handling of hazardous wastes and extremely poor working conditions. For these reasons the NGO Shipbreaking Platform urges the EU Commission to not wait for the effects of the EU List, but instead show that it intends to take all measures possible to change the current deplorable shipping practices and commit now to making a legislative proposal to introduce a financial incentive [2].

"The huge benefit of this licence scheme is that it will also apply to non-EU flagged ships, meaning that the scope of the EU Ship Recycling Regulation will be much wider and will truly be a driving force for change in the shipping industry. Those shipowners that are already taking responsibility for their end-of-life fleet should be supportive of the Ship Recycling Licence as it will create a level playing field ensuring that also their competitors pay the price of clean and safe ship recycling."
Ingvild Jenssen - Executive Director and Founder - NGO Shipbreaking Platform

Legislation based on flag state jurisdiction alone is far too easy to circumvent. That is why more policies aimed at improving the social and environmental performance of shipping is being enforced via port state control. The Ship Recycling Licence is as such in line with international trade law. Taking also into account the widespread acknowledgement that financial incentives are key in ensuring the success of environmental policies, it seems obvious that a return scheme for ships is needed to change the behavior of shipowners that currently earn profits at the detriment of workers’ health and lives and the environment.

 

 

NOTES

 

[1] See NGO Shipbreaking Platform publications: Make the Polluter Pay! Why we need a Ship recycling Licence (2016) and
What a difference a flag makes (2015). See also our previous press release on the subject.

 

[2] The European Economic and Social Committee has strongly urged the European Commission to introduce a financial incentive to ensure the effective implementation of the EU Ship Recycling Regulation.

 

Platform publishes South Asia Quarterly Update #13

There were a total of 210 ships broken in the second quarter of 2017. 158 of these ships ended up on South Asian beaches for dirty and dangerous breaking [1]. The Platform was able to document five accidents at the shipbreaking yards in Chittagong, Bangladesh, between April and June, which led to the death of four workers and the injury of two.

 

Ishaq worked as a winch operator and died struck by a cable at the BBC Steel Shipbreaking/KR yard. This is the second fatal accident this year at BBC Steel. Zishan died in an accident at the Ratanpur Steel Re-Rolling mills where iron plates from the ships are transformed for the construction industry. In Jamuna Shipbreaking yard, the Platform reported in Mayabout the death of Shahinoor who fell from the Hanjin Rome, the first ship arrested after the bankruptcy of the Korean container giant Hanjin Shipping. This ship was sold on auction by the Singaporean courts following the bankruptcy of Hanjin Shipping and should be a harrowing wake-up call to courts and bankruptcy administrators that there are human consequences of selling ships for the highest return price to the beaches. During a nightshift on 21 May, Shochindro Das died when he was hit by an iron pipe. He was working as a cutter helper in the Khawja yard, which shares owner with Kabir Steel. Working during night shift without protective equipment are particularly graving circumstances that sadly witness of the extremely harsh conditions workers face at the shipbreaking yards in Chittagong. Local sources are claiming that Shochindro Das was only 15 years old, whilst the officially reported age was 26. The Platform will investigate these serious allegations. Child labour at the Bangladesh shipbreaking yards is illegal under Bangladesh law and also under the ILO’s Convention on Worst Forms of Child Labour.

 

The worst dumping country this quarter was Germany with 16 beached ships, a consequence of the multiple bankruptcies due to the toxic financing that has been characteristic of the German shipping industry. In June, German public television channel ARD documented the appalling conditions under which German ships are broken in Bangladesh. The other leading dumping nations were Singapore with 12 ships, Greece with 9, and South Korea with 8. Though 45 out of the 158 beached vessels this quarter were European-controlled, only four of these had a European flag.

 

Legislation at the international and European level to regulate the disposal of ships is based on flag state jurisdiction. The flags of the worst dumping countries were however rarely or not used at end-of-life. Flags of convenience, in particular the grey- and black-listed ones under the Paris MOU, are used by cash buyers and ship owners to send ships to the worst breaking locations. Nearly a third (49) of all the ships sent to South Asia this quarter changed flag to typical end-of-life registries only weeks before hitting the beaches: St Kitts & Nevis, Comoros, Palau, Djibouti, Niue and Togo. These flags are not typically used during the operational life of ships and offer ‘last voyage registration’ discounts. They are grey and black-listed due to their poor implementation of international maritime law.

 

There were five cases where the ships in question were sent to South Asia in breach of the EU Waste Shipment Regulation [2]. In Bangladesh, the Platform was successful in taking legal action to halt the breaking of the FPSO North Sea Producerwhich was illegally exported from the UK in 2016. The Platform also alerted this quarter the Brazilian government of several vessels exported to the beaching yards from Brazil in clear breach of UNEP’s Basel Convention.

 

The worst company was the Singaporean Continental Shipping Line that had six Liberian-flagged vessels that all changed flag to St Kitts & Nevis or Comoros and were beached in South Asia. Quantum Pacific is a close runner-up on second place for worst dumping practices, with four ships sold to Pakistan and Bangladesh. Quantum, owned by Idan Ofer, son of the late shipping mogul Sammy Ofer, has been under the Platform’s radar before as the worst dumper of 2015. The worst dumper of 2016 was UK-based Zodiac Maritime, run by Idan’s brother, Eyal Ofer.

 

The figures of this quarter not only show how legislation based on flag state jurisdiction will fail in changing the deplorable shipbreaking practices of the shipping industry, they also show that companies such as Quantum and Zodiac have no shame in continuing to exploit vulnerable workers in South Asia for the sake of extra profits.

 

 

NOTES

 

[1] During the second quarter 2017, the following number of vessels were broken in other locations: 26 in Turkey, 22 in China, and 4 in the rest of the world.

 

[2] German Gebab Konzeptions- und Treuhandgesellschaft mbH & Company KG owned GURU; Chilean Naviera Ultranav Limitada owned HAPPY FELLOW; US based Diamond Offshore Drilling Incorporated owned SPUR; Romanian S.C. Grup Servicii Petroliere S.A. owned FALCON; and Italian Argo S.r.l. owned ALICA.

 

Platform News – European institutions call on EU to address decommissioning of floating oil and gas structures

 

A joint event between the European Economic and Social Committee (EESC) and three Green Members of the European Parliament highlighted the paradox between the strict rules under OSPAR for the decommissioning of fixed oil platforms from the North Sea with the rules that govern the recycling of floating platforms and structures. The latter fall under the same rules as commercial ships, and would therefore have to follow the EU Ship Recycling Regulation. The NGO Shipbreaking Platform and other stakeholders have already highlighted the weakness of the SRR which needs to be coupled with a financial incentive to curb the trend to flag out and circumvent the legislation. A financial incentive would also be an opportunity to steer the market towards proper recycling yards included under the EU list of approved facilities.

 

There are a growing number of unutilised and obsolete floating oil and gas structures which have been operating in the North Sea. These structures are effectively floating industrial plants, which need to be dismantled using the highest standards of precaution, many containing asbestos and residues of naturally occurring radioactive material (NORM). So far, assets from the North Sea have not ended up on the South Asian beaches with the infamous exception of the FPSO tanker NORTH SEA PRODUCER [1]. Yet the NGO Shipbreaking Platform has observed more structures from other oil fields being towed across the globe to be beached in South Asia for dirty and dangerous scrapping. There is a real concern that we will see more rigs and oil and gas assets ending up there, and cash buyers, such as GMS, and marine service providers, such as Aqualis, have had no shame in their efforts to attract the owners of these structures to sell them to the beaches.

 

On 22 June the EESC hosted a conference attended by the members of the CCMI committee . It was clear from the presentations by the port of Fredrikshaven and the Spanish recycler DDR that there is a real business case for Europe and the regions with a recycling capacity to be promoted through a financial incentive. There are even foreign investments that are being made in Denmark to cater for the increased need to decommission the structures from the oil and gas fields in the North Sea. Trade unions also back the movement in support of a financial incentive which would boost the decommissioning and recycling industry and protect highly qualified jobs in a heavy industry. The widespread sentiment was that public support for a responsible and proper recycling industry which is in compliance with the EU SRR, provides for an opportunity to invest in green jobs, cleaner technology and R&D, all in line with ambitions for a circular economy.

 

On 28 June the second part of the event was hosted by MEPs Margrete AUKEN, Pascal DURAND and Bart STAES. The European Parliament placed the focus on the EU Commission to broaden the interest of ship and rig recycling to other policy areas, such as growth, trade, energy, innovation and employment, to name a few. The only opponents to the idea that a clean industry should be promoted in all these aspects were the ship owners present. Most ship owners still do not see themselves as participants in finding sustainable solutions to cleaning up the recycling of their assets, which ultimately should be their responsibility. On the up side, all other participants and speakers, including the EU Commission, acknowledged the positive effects and the added value in ensuring that floating rigs and ships are recycled in EU-listed facilities.

 

If the EU takes the Juncker plan seriously, it has to grab such a chance for Europe’s industry and provide the necessary legal instruments. Only then can ‘beaching’ come to a halt“, said MEP Margrete Auken [2].

 

NOTES

 

[1] The illegal export of the NORTH SEA PRODUCER from the UK to Bangladesh for scrapping is currently being investigated by the UK environmental authorities DEFRA. Maersk owned the FPSO tanker in joint venture with Brazilian oil and gas company Odebrecht, and sold it to a St Kitts and Nevis post box company established by cash buyer GMS. The FPSO was allowed to leave the UK under the false pretext that it would be further operationally used in Nigeria. Instead it was directly towed to the beach in Bangladesh. There, legal action has now been taken to halt the breaking of the tanker which is laden with hazardous materials, including NORM.

 

[2] See press statement from the EESC.

 

Press Release – Brazilian government asked to stop dumping toxic ships on South Asian beaches

NGOs and trade unions criticize Petrobras’ end-of-life fleet management

 

The Brazilian CONTTMAF trade union federation and its member SINDMAR [1] have recently criticized the shipbreaking practices of Transpetro, the oil and gas transportation subsidiary of the Brazilian petroleum corporation Petrobras, majority-owned by the State. In the last five years, more than twenty vessels owned by the oil and gas giant have been dismantled on the beaches of India and Pakistan, where shipbreaking activities endanger both workers and the environment. In an official letter sent on 2 June 2017 to Transpetro, Severino Almeida, president of CONTTMAF and SINDMAR, expresses his serious concerns about the Petrobras’ poor end-of-life fleet management. Several of the ships that ended up in South Asia were built thanks to financing provided by the Merchant Marine Fund. In other words, public money has therefore been used to build ships that now put workers’ lives at risk and pollute the environment in developing countries.

 

According to maritime databases, at least six more units owned by Petrobras have already been sold for demolition but are still in Brazilian territorial waters. Four drill platforms were bought in a public auction by the cash-buyer Rota Shipping who exclusively delivers to Turkish yards and was able to offer just 180,000 USD more than Alfa Ship Trading, a cash-buyer who only sends to India. On the other hand, the product tanker LOBATO and the liquefied petroleum gas carrier GUAPORE have been sold by Petrobras to Indian breakers. The NGO Shipbreaking Platform has alerted Brazilian authorities about the imminent illegal exports under Basel Convention’s rules of these two vessels, currently located at Rio de Janeiro Anchorage. To date, no reply has been received.

 

As published recently by SINDMAR, and based on data collected by the Platform, Petrobras is not the only Brazilian company involved in dirty and dangerous scrapping practices. In the last two years, the Brazilian multinational corporation Vale, engaged in metals and mining, has also sold five ships to shipbreaking beaches in Bangladesh and Pakistan, where at least 79 workers were severely injured and 55 died in 2016. 35 year-old worker Mukhlesur was crushed to death as he and his co-workers were moving a large metal slab from the Vale’s ORE TIMBOPEBA at Mak Corporation Ship Breaking yard in Chittagong, Bangladesh.

"It is unacceptable that Petrobras and other Brazilian companies contribute to the deaths and environmental pollution in South Asia."
Nicola Mulinaris - Communication and Policy Officer - NGO Shipbreaking Platform
"In order to ensure clean and safe ship recycling off the beach, we demand stricter requirements for the public auctions of Petrobras’ end-of-life vessels and the enforcement of international legislation on hazardous waste exports. The vessels could even be recycled in Brazil."
Carlos Müller - Director - CONTTMAF and SINDMAR

A committee coordinated by the Ministry of Labour and Employment, with the presence of the Brazilian Navy and Petrobras itself, is now considering the possibility to include ship recycling in the scope of national regulation NR 34, which sets environmental and safety requirements for ship building and offshore constructions, including repair activities.

"Widening the scope of regulation NR 34 is certainly a step in the right direction. Should Brazil be serious about starting to use the dormant national ship recycling capacity, we call on all interested Brazilian yards to follow the standards set in the EU Ship Recycling Regulation and to apply to be included in the upcoming EU List of approved ship recycling facilities."
Nicola Mulinaris - Communication and Policy Officer - NGO Shipbreaking Platform

 

NOTE

 

[1] The Confederação Nacional dos Trabalhadores em Transportes Aquaviários e Aéreos, na Pesca e nos Portos (CONTTMAF) is a confederacy constituted for the purpose of coordenation, orientation, defense and legal representation of the professional categories in the maritime, riverine, lacustrine, diving, civil aviation, fishing and port activities. The Sindicato Nacional dos Oficiais da Marinha Mercante (SINDMAR), part of the confederacy, is the maritime officers’ union.

 

Platform News – SAVE THE DATE: “Black Gold’s Green Legacy” on 22 and 28 June 2017 in Brussels

The European Economic and Social Committee's Consultative Commission on Industrial Change (CCMI) and The European Parliament (EP) are organizing, with the support of the NGO Shipbreaking Platform, a two-part event to follow-up and consolidate earlier work on shipbreaking and the recycling society.

 

The event will explore the positive benefits that could accrue to Member States from the increased necessity to recycle the decommissioned floating structures from the oil and gas sector within Europe. This event will determine the response of the key stakeholders, especially the oil and gas industry and the production facility owners, and identify what further action needs to be taken by the EU to ensure that the significant value of the legacy assets contribute to the ongoing industrial base in Europe.

 

The first part of this event will take place at the European Economic and Social Committee (EESC) on 22 June in Brussels. A dedicated debate looking at the obstacles and opportunities will take place at a meeting of the Consultative Commission on Industrial Change.

 

The second part of this joint event will be a conference on 28 June in the European Parliament in Brussels. This will define and explore, in conjunction with the European Commission, the necessary legislative action and support that is necessary.

 

We will take part in these important discussions to make sure the offshore sector’s overcapacity problem is resolved through responsible recycling.

 

Visit also the photo exhibition “With Bare Hands” showing the dire conditions at the shipbreaking beaches in India and Bangladesh, which will take place at the EP on 26-30 June.

* Webstreaming in English will be provided during the hearing. The participation in the event is free.

 

Click here to view the Program.

 

Conference on 22 June, in the EESC - You may register at the following address: ccmi2@eesc.europa.eu.
Conference on 28 June, in the EP - You may register at the following address: hedvigelisabeth.sveistrup@europarl.europa.eu.
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Press Release – Platform supports banks’ introduction of responsible ship recycling standards

And another worker dies in May at Chittagong yard with an appalling accident record

 

Today, during the first day of NOR-Shipping in Oslo, Dutch banks ABN AMRO, ING Bank and NIBC, together with the Scandinavian DNB, announced that they are all introducing Responsible Ship Recycling Standards (RSRS) for their ship financing. The banks took the opportunity of making this announcement during the biannual industry gathering in order to raise awareness with the intention of including more banks into the initiative. The Norwegian fund, KLP, who in 2016 commissioned a report by the International Law and Policy Institute on shipbreaking, had also already taken a stance to reject beaching practices.

 

A collective move to include ship recycling conditions on loans by leading banks and financial institutions with large shipping portfolios is a positive step to imposing responsible practices on ship owners. When there is pressure for change coming from shipping financers, who understand that they have a direct tangible impact on the shipping industry, ship owners, rather than finding crafty loopholes in the law, will feel the bite if they do not choose to recycle responsibly off the beach.

"We welcome the leading role taken by the banks to ensure a departure from the unnecessarily dirty and dangerous practice of beaching, and expect that investors and clients of shipping that are increasingly pushing for higher standards for ship recycling will join the initiative."
Ingvild Jenssen - Policy Director - NGO Shipbreaking Platform

Platform News – Worker killed when breaking the Hanjin Rome

And another worker dies in May at Chittagong yard with an appalling accident record

 

Two workers lost their lives at the Chittagong shipbreaking yards in the last two weeks, bringing the total death toll this year to six workers.

 

On 6 May, 26-year-old Shahinoor died at Jamuna Shipbreaking yard. He fell from a great height when he was breaking the HANJIN ROME, which was the first vessel arrested after the collapse of one of the largest container ship companies last year – the Korean company Hanjin Shipping. The HANJIN ROME was put up for auction by the High Court in Singapore to be sold to the highest bidder early this year. Unsurprisingly, the highest bids for buying ships for scrap come from cash buyers that sell to the South Asian beaching yards who can offer higher steel prices with minimal disposal and labour costs and safeguards. This is not the first time that courts, in deciding on bankruptcy cases, completely ignore the environmental and human repercussions of selling shipping assets to beaches, with the sole purpose of sorting out failed companies’ balance books. Deaths on the beaches have also been a direct consequence from bankruptcy cases in Germany, such as the sale of the KING JUSTUS to Alang and the VIKTORIA WULFF to Chittagong.

 

On 9 May, winch operator Ishaq was smashed by the wire cable and died on the spot at KR Steel. This is the second fatal accident this year at the plot – another fatal accident happened in February at BBC Shipbreaking yard which is under the same ownership as KR Steel. According to local sources, KR Steel was dismantling the vessels SEA ZENITH and KOTA WISATA when Ishaq was killed. The former was owned by the Thai shipping group Sang Thai & Sinsimon. The latter was owned by Singapore-based Pacific International Lines (PIL), one of the top containership operators in the world. PIL sent nine end-of-life vessels to the beaches of South Asia in the last four years. Six ended up in the worst yards on the shores of Chittagong.

"Shipping companies globally are aware of the dangerous and polluting practices on the breaking beaches in South Asia. The higher profit that ship owners make by selling to cash buyers has a human cost and an environmental cost. That insolvency administrators appointed by the courts in Singapore and Germany have been allowed to trade unprofitable ships to the beaches of South Asia is shocking."
Ingvild Jenssen - Policy Director - NGO Shipbreaking Platform

Earlier this year the Institute for Global Labor and Human Rights (IGLHR) published a detailed account of the fatal accidents that killed 19 workers in Chittagong in 2016. The report includes interviews with workers that describe harsh conditions, lack of protective equipment, exposure to toxic gases and fumes, and a constant fear of dying at work: “There are enclosed dark places on the ship, where there is no ventilation. The cutters go in first [to cut holes in the sides to let light in]. Especially they get sick and nauseous,” a worker reports to IGLHR. “All of us cutters get sick from the chemicals. It always happens,” other workers add. “I work at night because the owner wanted me to work the night shift,” says a worker, adding “it is cooler. You sweat less. So for me, it is better. But it is more dangerous. That is the biggest worry: It is very risky. At any time, I could lose my life”.

 

Activists and workers in Bangladesh recently raised their voices on two important days for workers’ rights. On 28 April, the World Day for Health & Safety at Work, the Platform member Bangladesh Occupational Safety, Health and Environment (OSHE) foundation organised a rally and a human chain to raise awareness on the precarious conditions at the Chittagong shipbreaking yards. Workers affected by asbestosis or having suffered injuries joined OSHE for further discussions on how to strengthen claims for compensation. On 1 May Chittagong-based Platform member Young Power in Social Action (YPSA) organised a human chain and a rally gathering more than 100 workers and their family members.

"Six workers have died this year. Many more workers have suffered serious injuries. Safety and workers’ rights are shamefully being ignored in most yards. Whereas the Bangladesh Shipbreakers’ Association is reluctant to take any action on the yards where workers are dying, the Courts should act immediately to ensure that no yard is allowed to operate in breach of national laws on occupational safety and environmental protection."
Muhammed Ali Shahin - Bangladesh Project Coordinator - NGO Shipbreaking Platform

In an attempt to hide the accident, the yard management kept the body of Shah Jahan inside the premises, but fellow workers and locals rushed to the site and started demonstrating. The body was consequently sent to the morgue of the Chittagong Medical College Hospital. The following day, the worker was quickly buried without a post mortem. Platform member organisations in Bangladesh attended the funeral and now seek to support the victim’s relatives. The family and the yard owners have settled for a one-off payment and a monthly allowance to help them cover their living costs. However, money will not be able to replace Shah Jahan who leaves behind a wife and a young child.

 

© NGO Shipbreaking Platform – Hanjin Rome beached in Chittagong, Bangladesh