On 25 June, the Court of Antwerp dismissed the charges pressed against ship owner Bocimar NV for the scrapping of a vessel in a Bangladeshi yard where a shipbreaking worker died.

In 2016, Bocimar NV, a subsidiary of Companie Maritime Belge (CMB), sold the Belgian-flagged MINERAL WATER (IMO 9175066) to a scrap-dealer, also known as ‘cash buyer’. Bocimar’s lawyers stated that the company had merely sought the highest price for their end-of-life vessel, which at the time could only be obtained at the infamous beaching yards of Chattogram, Bangladesh. [1] They argued that whilst ignoring the human rights breaches and the environmental damage caused by shipbreaking in Bangladesh for the sake of profit “may not have been sympathetic”, “it was not illegal”. 

The European Union (EU) Ship Recycling Regulation which regulates the recycling of EU-flagged vessels was adopted in 2013 but only became applicable in December 2018. It did thus not apply to the 2016 scrap sale of Bocimar’s Belgian-flagged ship. The Prosecutor instead argued that the decision to scrap the ship was taken in Belgium at Bocimar’s Antwerp offices when the vessel was still sailing under the Belgian ship registry, rendering its disposal accountable to the rules of the EU Waste Shipment Regulation, which prohibits the export of toxic waste from the EU to non-OECD countries.

The principled application of Belgian and EU law was not as such disputed in Court. Neither did Bocimar NV dispute that the MINERAL WATER became waste upon the company’s decision to scrap the ship. The vessel was, however, sailing in Chinese waters when it was sold for scrap, and Bocimar’s lawyers argued that this meant EU waste laws could not be applied as the ship never physically departed as waste from the EU – arguments that the Antwerp Court accepted and which the Prosecutor is now appealing.