Tag: case

Press Release – Platform publishes list of ships dismantled worldwide in 2019

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Most shipping companies continue to opt for the highest price at the worst scrapping yards

 

According to new data released today by the NGO Shipbreaking Platform, 674 ocean-going commercial ships and offshore units were sold to the scrap yards in 2019. Of these vessels, 469 large tankers, bulkers, floating platforms, cargo- and passenger ships were broken down on only three beaches in Bangladesh, India and Pakistan, amounting to near 90% of the gross tonnage dismantled globally.

 

"Bangladesh remains the favoured dumping ground for end-of-life ships laden with toxics. There is wide-spread knowledge of the irreparable damage caused by dirty and dangerous practices on tidal mudflats, yet profit is the only decisive factor for most ship owners when selling their vessels for breaking."
Ingvild Jenssen - Executive Director and Founder - NGO Shipbreaking Platform

Last year, at least 26 workers lost their lives when breaking apart the global fleet. The Platform documented accidents that killed 24 workers on the beach of Chattogram (formerly known as Chittagong), making 2019 the worst year for Bangladeshi yards in terms of fatalities since 2010. At least another 34 workers were severely injured. Whilst the total death toll in Indian yards is unknown, local sources and media confirmed at least two deaths at shipbreaking yards that claim to be operating safely, but have failed to be included in the EU list of approved ship recycling facilities [1].

 

DUMPERS 2019 – Worst practices

 

UNITED ARAB EMIRATES and GREECE top the list of country dumpers in 2019. UAE owners were responsible for the highest absolute number of ships sold to South Asian shipbreaking yards in 2019: 45 ships in total. Greek owners closely followed with 40 beached vessels.

 

The ‘worst corporate dumper’ prize goes to the Taiwanese container shipping line Evergreen. In the last years, the company has been under the spotlight for its damaging shipbreaking practices. In January 2018, the Norwegian Central Bank announced its decision to divest from Evergreen due to the ship owner’s repeated sale of vessels for dirty and dangerous breaking on the beach of Chattogram. Since then, the company has clearly not changed its policy. Eleven of Evergreen’s vessels ended up in South Asia in 2019. On 23 July, cutter man Shahidul lost his life while working at Kabir Steel’s Khawja shipbreaking yard in Bangladesh. Shahidul was dismantling Evergreen’s EVER UNION when he fell from a great height. He died on the spot.

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Dry bulk shipping company Berge Bulk is runner-up for worst corporate practice. Four ships owned by the Bermuda-based ship owner ended up in Bangladesh for dirty and dangerous breaking. Berge Bulk’s scrapping practices should prompt the Lloyd’s List Asia Awards to withdraw the prize for “Excellence in Environmental Management” the company recently received for its commitment to environmental conservation. Indeed, there is nothing laudable about putting workers lives at serious risk and polluting sensitive coastal environments.

 

Danish container shipping giant Maersk scrapped four vessels on the Indian beaches last year. The company did not hesitate to leave the Danish shipping registry in order to circumvent the new EU laws requiring the use of EU-approved recycling facilities, and at least two of the ships even left EU waters in breach of an international and European ban on the export of hazardous waste to developing countries. In November, Bangladesh Courts condemned the illegal breaking of Maersk’s FPSO North Sea Producer which had been sold to cash buyer GMS and fraudulently exported from the UK in 2016. Criminal investigations are underway in the UK.

 

Other well-known shipping companies that in 2019 dumped their toxic ships on South Asian beaches include: Costamare, CMA CGM, Diamond Offshore, ENSCO, MOL, MSC, NYK Line, Tidewater and Vale.

In India, many yards now boast having upgraded their beaching facilities to comply with the requirements set by the International Maritime Organisation’s Hong Kong Convention. Recent inspection visits by the European Commission in Alang and media reports, however, flag serious concerns related to pollution of the intertidal area; absence of medical facilities; breaches of labour rights and lack of capacity to safely manage a number of hazardous waste streams, including mercury and radioactive contaminated materials that are typically found on offshore oil & gas units. No facility located in South Asia meets the safety and environmental requirements for EU approval.

 

All ships sold to Chattogram, Alang and Gadani pass via the hands of scrap-dealers, better known as cash buyers. These pay the highest price for end-of-life vessels and are inherently linked to the beaching yards. Cash buyers typically re-name, re-register and re-flag the vessels on their last voyage. Black-listed flags, such as Palau, Comoros and St Kitts & Nevis, were particularly popular in 2019: almost half of the ships sold to South Asia changed flag to one of these registries just weeks before hitting the beach. None were beached under an EU flag, despite many vessels having been sold by a European shipping company.

"Policy makers need to adopt effective measures to divert ships towards the sites that have been approved by the EU. The fact that old ships are registered under flags known for the poor implementation of international maritime law sheds serious doubt over the effectiveness of legislation based on flag state jurisdiction only, including the EU Ship Recycling Regulation."
Ingvild Jenssen - Executive Director and Founder - NGO Shipbreaking Platform

Today banks, pension funds and other financial institutions are actively taking a closer look at how they might contribute to a shift towards better ship recycling practices off the beach, taking into account social and environmental criteria, not just financial returns, when selecting asset values or clients [2]. Police and environmental authorities are also increasingly monitoring the movements of end-of-life vessels. Following the Seatrade judgement in the Netherlands where, for the first time, a ship owner was held criminally liable for having intended to sell four end-of-life ships to Indian beaching yards, several other cases of illegal traffic are under investigation. [3] Aiding and abiding environmental crime is equally punishable: insurers, brokers and maritime warranty surveyors could therefore also be held liable. By unravelling the murky practices of shipbreaking, these cases highlight the importance of conducting due diligence when choosing business partners.

"Clean and safe solutions are already available. We applaud companies, such as Dutch Van Oord, that have had a responsible ship recycling policy ‘off the beach’ for many years. Whilst other ship owners lament over the lack of capacity to recycle sustainably, only 31 vessels were recorded recycled in EU-approved facilities, which represent a minor fraction of what these yards are able to handle."
Nicola Mulinaris - Communication and Policy Officer - NGO Shipbreaking Platform

For the data visualization of 2019 shipbreaking records, click here. *

For the full Excel dataset of all ships dismantled worldwide in 2019, click here. *

 

* The data gathered by the NGO Shipbreaking Platform is sourced from different outlets and stakeholders, and is cross-checked whenever possible. The data upon which this information is based is correct to the best of the Platform’s knowledge, and the Platform takes no responsibility for the accuracy of the information provided. The Platform will correct or complete data if any inaccuracy is signaled. All data which has been provided is publicly available and does not reveal any confidential business information.

 

NOTES

 

[1] The EU Ship Recycling Regulation became applicable on 1 January 2019. According to the Regulation, EU-flagged vessels have to be recycled in one of the currently 41 approved facilities around the world included in the EU list. EU-approved ship recycling facilities must comply with high standards for environmental protection and workers’ safety. The EU list is the first of its kind; is the only list of facilities that have been independently audited; and provides an important reference point for sustainable ship recycling. Any ship owner that wants to opt for safe and clean ship recycling can simply choose one of the 41 facilities that are now included on the List.

 

[2] In early 2018, Scandinavian pension funds KLP and GPFG were the first to divest from four shipping companies, including containership company Evergreen, due to their beaching practices.

 

[3] In Scotland, Diamond Offshore and cash buyer GMS are still under investigation for having attempted to illegally export three heavily contaminated platforms that had operated in the North Sea and were cold-stacked in Cromarty Firth. The platforms have been detained in Scotland since January 2018.

 

Press Release – Clemenceau’s sister ship heading for the scrapyard

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France must act responsibly

 

The French Courts stopped the scrapping of the asbestos-laden aircraft carrier Clemenceau on the beach of Alang, India [1]. Fifteen years later, France is faced with a second toxic headache. The Clemenceau’s sister ship São Paulo (ex Foch) will soon be dismantled and the French government must approve of the dismantling destination.

 

The vessel was sold by the French Navy to Brazil in 2000, where it became the new flagship of the Brazilian Navy. After countless serviceability issues, which impeded the ship’s operation for more than three months at a time without the need for costly maintenance, it was formally decommissioned; its auctioning began last year in Rio de Janeiro.  So far, both EU-approved ship recycling facilities and yards located on the infamous beach of Alang have submitted documentation to participate in the bidding process.

 

The São Paulo, as the Clemenceau, contains large amounts of hazardous substances within its structure. It is estimated that onboard the vessel there are approximately 900 tons of asbestos and asbestos-containing materials, hundreds of tons of PCB-containing materials and large quantities of heavy metals. The NGO Shipbreaking Platform, BAN, BAN Asbestos France, IBAS and Brazilian ABREA have already alerted both Brazilian and French authorities about the legal, environmental and health risks linked to breaking toxic ships on the beaches of South Asia.

"The large amounts of asbestos still onboard the São Paulo need to be handled and disposed of without exposing workers and surrounding communities to the risk of cancer. The contractual clause in the sale of the Foch to Brazil gives France the last say in where the aircraft carrier can be dismantled. French authorities must direct the Clemenceau’s sister ship to an EU-approved facility – anything else would be a scandal."
Annie Thebaud-Mony - Professor - Ban Asbestos France
São Paulo aircraft carrier in Rio de Janeiro, 2019

On the ship-breaking beaches of South Asia it is impossible to contain pollutants, including heavy metals and oil residues, as there are no impermeable structures and flooring in the primary cutting zone. The lack of adequate personal protective equipment at the beaching yards, as well as the lack of adequate health facilities, is of grave concern and has been highlighted in recent reports.

 

NGOs call upon Brazilian and French authorities to make sure the São Paulo does not end up on a South Asian beach and is safely recycled in an EU-listed yard or converted to other use.

 

NOTE

 

[1] On 31 December 2005, the Clemenceau left France despite fierce protests about improper disposal and a lack of facilities for the management of toxic waste on the beaches on South Asia. After having been boarded by activists, held by Egyptian authorities, been blocked from entering Indian waters by the Supreme Court of India, the warship was ordered to return to France by French President Jacques Chirac. It ended up been dismantled in a yard near Hartlepool, UK.

 

 

 

Press Release – NGOs win FPSO North Sea Producer case

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Bangladesh Court denounces illegalities and lack of transparency in shipbreaking sector

 

On 14 November the High Court Division of the Supreme Court of Bangladesh declared the import, beaching and breaking of the infamous FPSO North Sea Producer illegal. The judgment was issued in a Public Interest Litigation (PIL) filed by NGO Shipbreaking Platform member organisation Bangladesh Environmental Lawyers Association (BELA). The Court further noted with dismay the incessant violations of national and international laws by the shipbreaking industry, and passed several directions upon the government to regulate the sector in line with earlier rulings. 

 

Already in August 2017, the Bangladesh Court had issued an injunction on the ongoing breaking of the North Sea Producer based on the detection of radiation levels higher than permitted. It has now directed national agencies to monitor the breaking of what is left of the FPSO without any involvement of Janata Steel, the yard that had beached the vessel in 2016. The Department of Environment has also been directed to claim compensation from the yard for having violated national environmental rules.    

"The judgment is important in that it has expressly called the import, beaching and breaking permits illegal, and for the first time a breaker has been put off the breaking operation and the government has been given the steering. It is even more important because it has required the government to regulate the dubious roles of the cash buyers and restrict import from grey- and black-listed flag registries. This will surely make it difficult for the unscrupulous players to treat Bangladesh as a dumping ground."
Syeda Rizwana Hasan - Supreme Court lawyer and Director of Bangladesh Environmental Lawyers Association

Noting the plethora of illegalities and the lack of transparency in the sector, the Court directed authorities to i) subject cash buyers and agents to stricter scrutiny, including a detailed recording of their particulars, and to hold them accountable to the strictest sanctions; ii) regulate the import of vessels registered under “last voyage” grey- or black-listed flags which are particularly popular with cash buyers, including Comoros, Palau and St. Kits and Nevis, and; iii) ensure that no vessel is imported without proper verifiable pre-cleaning certificates and declarations of in-built hazardous wastes, and/or by yards that do not fully comply with the requirements for obtaining an Environmental Clearance.

 

Whilst the recent ruling on the illegal import of the North Sea Producer stresses the systemic illegalities of the entire ship breaking sector, and also highlights the deficiencies of local agencies responsible for the enforcement of environmental and labour laws, the illegal export of the vessel from the UK is still being investigated by UK environmental agency DEFRA. After winning the case on the illegal import and beaching of the North Sea Producer, owned by Danish A.P. Moeller Maersk and Brazilian Odebrecht, NGOs now urge the UK to hold the ship owners and cash buyer GMS accountable for the illegal export of the toxic FPSO. As previously reported, the North Sea Producer was allowed to leave the UK in 2016 based on claims that it would be further operationally used. 

"Providing fraudulent documentation in order to circumvent existing waste export bans is a criminal offence in Europe and internationally. Maersk and Odebrecht were well acquainted with cash buyer GMS’ notorious trafficking of waste ships. They were also well aware of the illegality of selling the vessel for scrapping in South Asia. This is not a case of poor human rights due diligence, but one where companies collude to earn big bucks on the back of people and the environment. We demand that authorities in the UK follow suit and establish the responsibility of all parties involved."
Ingvild Jenssen - Executive Director and Founder - NGO Shipbreaking Platform
The North Sea Producer beached in Chattogram – © NGO Shipbreaking Platform

 

 

Press Release – Documentary reveals SBM’s toxic trade of ships in Alang

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Dutch program Zembla recently released their investigation on SBM Offshore’s shipbreaking practices in South Asia. In a documentary shown on Dutch television, and now available on YouTube, Zembla reconstructs the last voyage and scrapping of the mercury-laden tanker YETAGUN, owned by the Dutch oil and gas multinational. 

 

Experts contracted by SBM Offshore warned the company about the high toxicity of the ship and that workers could inhale extremely dangerous mercury fumes during demolition, leading to lasting neurological damage or even death. E-mails and confidential documents obtained by Zembla show that SBM Offshore attempted to conceal the high concentration of mercury in the ship’s steel [1], in order to avoid clean-up costs. The gas tanker was sold for breaking to Hooghly Shipbreakers Ltd, a beaching yard in Alang, India [2].

 

The NGO Shipbreaking Platform, European Environmental Bureau (EEB) and Zero Mercury Group had warned Indian authorities of the breach of international waste laws, and urged India to halt the import of the contaminated ship. Despite an initial rejection, the permission to import the vessel was eventually given. The circumstances under which the beaching and breaking of the vessel were allowed are still unclear, but documents obtained by the Platform show that the Indian authorities admitted lacking capacity to detect mercury contamination beyond the slops.

 

In their statements to Zembla, SBM Offshore and Hooghly Shipbreakers maintain that the demolition was carried out in a safe way, and hold forth a so-called Statement of Compliance with the Hong Kong Convention and inspection report - both issued by Japanese classification society ClassNK - as evidence. However, undercover recordings and discussions with several workers that dismantled the YETAGUN reveal a shocking account of the actual conditions at the beaching yard. Workers are not provided with appropriate personal protective equipment and were completely unaware of the poisonous mercury contamination. Several stated that full safety gear is distributed only when inspections take place. Toxicologists that have reviewed the documents obtained by Zembla say it is impossible that no high levels of mercury were detected during cutting operations, as claimed by ClassNK.

 

It is not the first time that journalists visiting Indian shipbreaking yards unannounced and undercover document a reality that starkly contrasts with the industry efforts to greenwash beaching. In 2016, DanWatch revealed dire conditions at a yard Maersk, and ClassNK, had approved. Recently, also French TV brought back a similar account of Alang.

 

"We call upon Dutch and Indian authorities to further investigate the offence that has been committed. In the Netherlands, SBM Offshore risks prison sentence and heavy fines for having intentionally and unlawfully exposed workers to extremely toxic substances. In India, authorities cannot remain inactive towards an industry that clearly does not follow national laws on occupational health and safety and environmental protection."
Ingvild Jenssen - Executive Director and Founder - NGO Shipbreaking Platform

 

NOTES

 

[1] The YETAGUN operated in a gas field in Myanmar for years. Mercury is a naturally occurring element present in virtually all oil and gas fields. Concentrations are especially high in the South American and East Asian region. Mercury can contaminate the structure of offshore units and ballast waters.

 

[2] Hooghly Shipbreakers shares the same ownership with Priya Blue yard, which has recently been under the spotlight for a fatal accident. According to a local whistle-blower, the cash buyer involved in the sale of the YETAGUN was Best Oasis, a wholly owned subsidiary of Priya Blue Industries. It is not the first time SBM sells its old vessels to yards located on the dirty and dangerous beaches of South Asia. The FPSOs MARLIM SUL and FALCON ended up in Alang in 2017 and 2016 respectively. The STAR OLBA was scrapped in Chattogram, Bangladesh in 2015. 

Press Release – Platform publishes list of ships dismantled worldwide in 2018

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Record-breaking 90% of end-of-life tonnage scrapped on South Asian beaches

 

According to new data released today by the NGO Shipbreaking Platform, 744 large ocean-going commercial vessels were sold to the scrap yards in 2018. Of these vessels, 518 were broken down on tidal mudflats in Bangladesh, India and Pakistan, amounting to a record-breaking 90,4% of the gross tonnage dismantled globally. 

"The figures of 2018 are shocking. No ship owner can claim to be unaware of the dire conditions at the beaching yards, still they massively continue to sell their vessels to the worst yards to get the highest price for their ships. The harm caused by beaching is real. Workers risk their lives, suffer from exposure to toxics, and coastal ecosystems are devastated. Ship owners have a responsibility to sell to recycling yards that invest in their workers and environment."
Ingvild Jenssen - Executive Director and Founder - NGO Shipbreaking Platform

Last year, at least 35 workers lost their lives when breaking apart the global fleet. The Platform documented at least 14 workers that died in Alang, making 2018 one of one of the worse years for Indian yards in terms of accident records in the last decade. Another 20 workers died and 12 workers were severely injured in the Bangladeshi yards. In Pakistan, local sources confirmed 1 death and 27 injuries. Seven injuries were linked to yet another fire that broke out on-board a beached tanker. 

 

DUMPERS 2018 – Worst practices

 

UNITED ARAB EMIRATES, GREECE and UNITED STATES OF AMERICA top the list of country dumpers in 2018. UAE owners were responsible for the highest absolute number of ships sold to South Asian shipbreaking yards in 2018: there were 61 ships in total. Greek owners, beached 57 vessels out of a total of 66 sold for demolition. American owners closely followed with 53 end-of-life vessels broken up on South Asian tidal mudflats. 

 

The ‘worst corporate dumper’ prize goes to the South Korean liner Sinokor Merchant Marine. The company, which has been loss-making and is about to merge its container operations with Heung-A, sold 11 ships for breaking on the beaches in 2018: eight vessels ended up in Bangladesh and three in India, where in April, during the demolition of Sinokor’s PLATA GLORY at Leela Ship Recycling Yard [1], a worker died hit by a falling iron plate. 

 

Norwegian Nordic American Tankers (NAT) - incorporated in Bermuda and stock-listed in New York - is runner-up for the ‘worst dumper’ prize. Last year, NAT reported having earned USD 80 million for the sale of eight vessels for breaking. Three were sold to Alang for breaking and five were sold to breakers in Chittagong. According to local sources in Bangladesh, the cutting operations of these ships started without required government authorisations. The sale of two additional vessels to yards in Bangladesh with particularly poor track records and where two workers were killed in 2018, prompted Norwegian pension fund KLP to blacklist the company. 

 

Seven vessels were sold to beaching yards for dirty and dangerous scrapping by German owner Dr Peters GmbH & Co KG. According to local sources, fitter Md Samiul lost his life while scrapping Dr Peters’ DS WARRIOR in December 2018.

 

Other known shipping companies that in 2018 sold their vessels for the highest price to the worst breaking yards include: Chevron, Costamare, H-Line, Louis plc, Seabulk, SOVCOMFLOT, Teekay, Zodiac Group and CMB. Belgian CMB is still under investigation for the export of the MINERAL WATER to Bangladesh in 2016.

With the oil and gas sector seeing a downturn in the last couple of years, the Platform has documented an increase in offshore units that have gone for scrap. Out of the 138 oil and gas units which have been identified as demolished in 2018 alone, 96 ended up on the beaches of South Asia. Figures include 81 small-sized tug/supply ships and 33 semi-submersible platforms. Noble Corp, ENSCO, Tidewater, Diamond Offshore and Petrobras are amongst the biggest offshore players that dump their assets on the South Asian beaches. While most assets were exported from either East Asia or America, Diamond Offshore and cash buyer GMS are under investigation in Scotland for having attempted to illegally export three platforms that had operated in the North Sea and were cold-stacked in Cromarty Firth. The platforms have been under arrest in Scotland since January 2018.

 

Ship owners are facing increased pressure from investors and credit providers to stop selling their ships to beaching yards. In early 2018, Scandinavian pension funds KLP and GPFG were the first to divest from four shipping companies due to their beaching practices. Today, banks, pension funds and other financial institutions are actively taking a closer look at how they might contribute to a shift towards better ship recycling practices off the beach, taking into account social and environmental criteria, not just financial returns, when selecting asset values or clients.

 

Losing financing and clients, however, should not be the only concern of ship owners who continue to use dirty and dangerous scrap yards. In 2018, and for the first time ever, a ship owner was held criminally liable for having illegally traded four end-of-life ships to Indian beaching yards. Several other cases of illegal traffic are under investigation. These cases focus not only on the liability of the ship owner, but also on the responsibility of insurers, brokers and maritime warranty surveyors. By unravelling the murky practices of shipbreaking, which involve the use of middle men, or cash buyers, and flags of convenience such as Comoros, Palau and St. Kitts & Nevis, these cases highlight the importance of conducting due diligence when choosing business partners.

"Clean and safe solutions are already available. Responsible ship owners, such as Dutch Boskalis, German Hapag Lloyd, and Scandinavian companies Wallenius-Wilhelmsen and Grieg, recycle their vessels off the beach. The EU maintains a list of clean and safe ship recycling facilities [2]. More ships need to be diverted towards these sites."
Nicola Mulinaris - Communication and Policy Officer - NGO Shipbreaking Platform

For the list of all ships dismantled worldwide in 2018, click here. *

For detailed figures and analysis on ships dismantled in 2018, click here.*

 

* The data gathered by the NGO Shipbreaking Platform is sourced from different outlets and stakeholders, and is cross-checked whenever possible. The data upon which this information is based is correct to the best of the Platform’s knowledge, and the Platform takes no responsibility for the accuracy of the information provided. The Platform will correct or complete data if any inaccuracy is signaled. All data which has been provided is publicly available and does not reveal any confidential business information.

 

 

NOTES

 

[1] The Plata Glory was beached in December 2017 at Leela Ship Recycling yard. Leela holds a so-called Statement of Compliance with the Hong Kong Convention issued by ClassNK and claims to be offering “green recycling”.   

 

[2] The EU has published a list of ship recycling facilities around the world that comply with high standards for environmental protection and workers’ safety. The EU list of approved ship recycling facilities is the first of its kind and an important reference point for sustainable ship recycling. 

 

Press Release – Another Dutch ship owner faces huge fine for having beached a vessel

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Dutch ship owner Holland Maas Scheepvaart Beheer II BV has been fined 780.000 EUR and paid a settlement of 2.2 million EUR - totaling to a price tag of almost 3 million EUR - for having beached a ship for scrapping in India.

 

In 2013, Holland Maas Scheepvaart Beheer II BV, a subsidiary of WEC Lines BV, sold the HMS Laurence to a cash buyer, a company specialised in the trade of end-of-life vessels to beaching yards. The vessel ended up in Alang, India, where it was broken under conditions that “cause serious damage to the environment and expose the health of workers and the local population to grave danger”, according to the Dutch Public Prosecutor. Scrapping ships on tidal mudflats is not allowed in Europe, and the export of hazardous materials [1] from the EU to developing countries is prohibited. 

 

Following criminal investigations on the illegal export of the vessel from Italy, the Dutch Public Prosecutor agreed to a settlement of 2.2 million EUR: the amount that Holland Maas Scheepvaart Beheer II BV had earned by selling the ship to the beaching yard. The Prosecutor stated that it had accepted the settlement as the company has announced that it will take measures to avoid scrapping vessels on beaches in the future. 

"It is very encouraging to see that ship owners are being held accountable for the trafficking of toxic ships – it is also encouraging to see that WEC Lines BV is now committed to the safe and clean recycling of its fleet off the beach. With that they join other responsible ship owners, such as Dutch Boskalis, German Hapag Lloyd, and Scandinavian companies Wallenius-Wilhelmsen and Grieg, that already have sustainable recycling policies in place that clearly rule out beaching."
Ingvild Jenssen - Executive Director and Founder - NGO Shipbreaking Platform

Already in 2015, the captain of the HMS Laurence was sentenced by the Dutch Maritime Disciplinary Court to a six-month conditional suspension of his master’s navigation license. Beaching the vessel was in breach of the captain’s duty of care to the environment, according to the Disciplinary Court. This first suspension of a European ship master revealed that also the crew can be held liable for dirty and dangerous shipbreaking.

 

In March last year another Dutch shipping company, Seatrade, was convicted for having intended to scrap four vessels in India. Five subsidiaries of the company received fines, as did two of Seatrade’s CEOs, who were also sentenced to professional bans. 

 

The Netherlands is taking a leading position on the cracking down on illegal trafficking of toxic ships. More investigations are also underway in other European countries, such as the Harrier case in Norway and the North Sea Producer case in the UK. Last week, in Bangladesh, a shipbreaker was sentenced to a 280.000 USD fine for having scrapped a vessel on the touristic Parki Sea Beach. The court emphasised that beaching causes irreparable damage to the local ecology.

"Both exporting and importing countries are starting to hold industry stakeholders accountable – it is high time to scrap the beaching method and replace it by proper recycling in facilities that can contain pollutants and ensure safe working conditions. Better methods exist and facilities that operate under higher standards have the capacity to take in more ships. An increased demand for sustainable practices will see more investments in yards that meet the standards of the EU Ship Recycling Regulation. "
Ingvild Jenssen - Executive Director and Founder - NGO Shipbreaking Platform

EU-flagged vessels are now exempt from the EU Waste Shipment Regulation that regulates the export of hazardous wastes, as they fall under the scope of the new EU Ship Recycling Regulation [2]. Under the new legal regime, EU-flagged ships must be recycled only in safe and sound facilities included by the EU in the European List of ship recycling facilities. Beaching yards will not be accepted on the EU list as they fall short of the environmental and safety requirements that the Regulation sets. 

 

NOTES

 

[1] The HMS Laurence – as most vessels – contained toxic materials within its structure. 

 

[2] The EU Waste Shipment Regulation continues to cover non-EU flagged vessels. 

 

 

Press Release – Investigations on the Harrier tighten as it reaches Turkey for recycling

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Norwegian press DN revealed this summer that Aqualis Offshore and insurance company Skuld Maritime Agency are under investigation for their involvement in the attempt to illegally export the Harrier to Pakistan for scrapping. Aqualis Offshore issued two certificates for the ship – one for a break-up voyage to Pakistan, another for a voyage to Dubai – and it is suspected that the latter was issued to dupe Norwegian authorities in order to circumvent the European waste export ban. Skuld Maritime Agency was involved in issuing the last-voyage insurance for the vessel and is therefore being investigated for having aided the illegal export.

 

The former and current owners of the ship, Georg Eide and cash buyer Wirana, are also targeted in the ongoing investigations, and risk being held criminally liable for their attempt to illegally export the Harrier.

"It is encouraging to see authorities enforce the law on ships destined for recycling. Following also the Seatrade judgement in the Netherlands, the Harrier case is yet another warning to ship owners that selling a vessel for the highest price to a cash buyer is dirty business."
Ingvild Jenssen - Executive Director and Founder - NGO Shipbreaking Platform

Another owner, Herbjorn Hansson of Nordic American Tankers, is under the spotlight in Norway for having sold eight vessels for beaching. Reactions to these revelations have been strong with the Norwegian Oil Pension Fund as well as the banks DNB and Nordea condemning beaching as a method for breaking ships.

 

The Norwegian Environment Agency urges ship owners to use facilities that have been approved by the EU for the recycling of their vessels, regardless of the flag of their ship. Its director, Ellen Hambro, states that it is unacceptable to endanger workers’ health and pollute the environment in developing countries for the sake of higher profits.

"We support the statements made by the Norwegian authorities and call also upon other stakeholders in shipping, such as insurers and financers, to play their part in putting an end to the dirty and dangerous practice of beaching. Safer and cleaner alternatives exist and ship owners must be pushed towards using these facilities."
Ingvild Jenssen - Executive Director and Founder - NGO Shipbreaking Platform

Yesterday the Harrier arrived in Aliaga, Turkey, where it will be recycled in line with the European waste laws. Waste Management company Norsk Gjennvinning will be supervising the process.

 

 

Press Release – Seatrade convicted for trafficking toxic ships

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Today, the Rotterdam District Court sentenced, on the basis of the EU Waste Shipment Regulation, shipping company Seatrade for the illegal export of vessels sent for scrapping on the beaches of South Asia. The Seatrade company has been heavily fined, and two of its executives have also been banned from exercising the profession as director, commissioner, advisor or employee of a shipping company for one year.

 

For the first time, a European shipping company has been held criminally liable for having sold vessels for scrap to substandard shipbreaking yards in India and Bangladesh, where, as widely acknowledged and according to the Prosecutor, “current ship dismantling methods endanger the lives and health of workers and pollute the environment”. The Prosecutor’s request that the Seatrade executives face prison was only waived in light of this being the first time such criminal charges had been pressed.

 

This groundbreaking judgement sets a European-wide precedent for holding ship owners accountable for knowingly selling vessels, via shady cash-buyers, for dirty and dangerous breaking in order to maximize profits.

"We strongly welcome the judgement of the Rotterdam Court. The ruling sends a clear-cut message that dirty and dangerous scrapping will no longer be tolerated."
Ingvild Jenssen - Executive Director and Founder - NGO Shipbreaking Platform

Press Release – NGOs respond to legal threats by shipbreaking industry and withdraw from industry conference

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On Monday, the NGO Shipbreaking Platform, an international coalition of labour, human rights and environmental organisations, withdrew their participation from the TradeWinds Ship Recycling Forum that starts today in Hamburg. This is in response to a letter from cash buyer GMS threatening to sue unless the Platform removes all mention of GMS from their website. The Platform has frequently exposed the cash buyer for enabling the dirtiest and most underhanded practices in the shipbreaking industry [1]. Tradewinds refused to replace GMS company staff as chair in the sessions in which the Platform was to participate as experts, despite being noted that it is a conflict of interest and inappropriate to allow discussions to be moderated by a person representing a company that is threatening to legally attack a session invitee.

 

“No company would accept to participate in a debate moderated by someone threatening to sue them”, says Ingvild Jenssen, Founder and Director of the NGO Shipbreaking Platform. “We regret not being able to present our views at TradeWinds where we would have especially provided our support to the many financers, investors and authorities that are now engaging to set a standard for the industry and who are demanding to move the industry off the beach”, she adds.

 

In reaction to the attempt by GMS to silence critical civil society voices that reveal the company’s unethical, dangerous and environmentally disastrous business practices, the Platform’s legal counsel in Belgium and in the US has further responded in a letter that neither an apology nor retractions will be forthcoming.

 

“We have no intention to remove truthful information from our website and will not apologise for reporting on the business of trafficking ships for dirty and dangerous breaking. It is our organisation’s mission to provide authorities, journalists, and industry stakeholders with information on the deplorable realities of current shipbreaking practices which encourage the circumvention of existing labour and environmental protection laws“, says Ingvild Jenssen.

 

The harassment by GMS comes in addition to the earlier threat to sue the Platform made by PHP, a Bangladeshi shipbreaking yard and a supporting sponsor of this year’s TradeWinds Ship Recycling Forum.

 

NOTE

 

[1] Dubai-based GMS has been involved in several cases of illegal hazardous waste exports that are being/have been investigated by authorities and the police in several countries. For instance:
- GMS was revealed to be the cash-buyer for the illegal export of the North Sea Producer from the UK to Bangladesh: https://old.danwatch.dk/en/undersogelse/maersk-og-det-farlige-affald-i-bangladesh
- Three drill rigs stacked in Scotland were stopped from leaving after their destination was suspected to be to a beaching yard in South Asia. GMS has been confirmed as the buyer of the rigs: https://www.energyvoice.com/opinion/162853/opinion-scrap-shady-underbelly-offshore-industry/?utm_source=twitter
- Last year, a worker in Bangladesh claimed compensation for injuries incurred while breaking a ship owned by Zodiac Maritime. GMS was revealed to be the cash buyer behind the sale to the shipbreaking yard: https://www.theguardian.com/global-development/2017/dec/02/chittagong-shipbreaking-yards-legal-fight
- In 2009 the company was fined $518,500 dollars by the US EPA for illegally exporting a PCB laden passenger liner to South Asia: http://www.marinelog.com/DOCS/NEWSMMIX/2009jan00311.html

 

 

Maersk’s toxic trade: the North Sea Producer case

Posted on by admin_ec

Maersk's toxic trade: the North Sea Producer case

In August 2016 the FPSO NORTH SEA PRODUCER was beached in Chittagong, Bangladesh. The ship was allowed to leave the UK based on false claims that it would be further operationally used in the Tin Can port in Nigeria. In both the UK and Bangladesh, the Platform is fronting the battle to hold the owners, and cash buyer GMS, accountable for the illegal export of the FPSO.

 

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. It was owned by the North Sea Production Company, a single-ship joint venture between Danish A.P. Moeller Maersk and Brazilian Odebrecht. Once the field closed, the NORTH SEA PRODUCER was laid up in Teesport, UK, 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 EU law. 

 

Maersk and Odebrecht chose 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. They then 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. But the NORTH SEA PRODUCER never ended up in Nigeria. Instead it was towed directly all the way from the UK, around the African continent, to Bangladesh. The Platform was quick to alert both the UK and Bangladesh governments of the illegal export. 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 had beached the NORTH SEA PRODUCER in Chittagong. According to Maersk, the new owners took this decision independently – and Maersk had been tricked. In their Sustainability Report 2016, Maersk also stated that they had cut all commercial ties with the buyer of the NORTH SEA PRODUCER: an obviously meaningless statement if that implies cutting ties with Conquistador Shipping Corporation, a single-ship post box company. Only when caught red-handed did Maersk admit that they knew all along the buyers were GMS, the largest waste traffickers in end-of-life ships. Maersk and Odebrecht knew the vessel would be scrapped - they also knew GMS would bring it to South Asia for dirty and dangerous scrapping in breach of EU waste laws.

 

Once the ship arrived at the Janata Steel shipbreaking yard 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 the lack of necessary clearances and false claims that it was hazardous-free. Having operated in the North Sea, the vessel’s pipelines likely 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: 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. On 14 November the High Court Division of the Supreme Court of Bangladesh declared the import, beaching and breaking of the infamous FPSO North Sea Producer illegal.

 

The Court further noted with dismay the incessant violations of national and international laws by the shipbreaking industry, and passed several directions upon the government to regulate the sector in line with earlier rulings. The Court directed authorities to i) subject cash buyers and agents to stricter scrutiny, including a detailed recording of their particulars, and to hold them accountable to the strictest sanctions; ii) regulate the import of vessels registered under “last voyage” grey- or black-listed flags which are particularly popular with cash buyers, including Comoros, Palau and St. Kits and Nevis, and; iii) ensure that no vessel is imported without proper verifiable pre-cleaning certificates and declarations of in-built hazardous wastes, and/or by yards that do not fully comply with the requirements for obtaining an Environmental Clearance.

 

In the UK, the Platform demanded the Secretary of State for Environment to investigate the illegal export from Teesside. UK authorities have been looking into the case since then to establish the responsibility of all parties involved. Providing fraudulent documentation in order to circumvent existing waste export bans is a criminal offence, in Europe and internationally via the Basel Convention. In parallel Danish parliamentarians have requested that the Environment Minister to also take action to hold Maersk accountable.

 

Maersk and Odebrecht were well acquainted with the GMS’ notorious trafficking of waste ships. They were also well aware of the illegality of selling the vessel for scrapping in South Asia. This is not a case of poor human rights due diligence, but one where companies collude to earn big bucks on the back of people and the environment.