NOTES
[1] Adopted in 2009, the Hong Kong Convention seeks to establish guidelines and rules to better regulate the scrapping of end-of-life vessels.
[2] Already the IMO is under harsh criticism for failing to on climate change. Transparency International also released a blasting report on critical governance flaws at the IMO.
[3] See NGO Shipbreaking Briefing Paper May 2009.
[4] The European Parliament called for “concrete regulatory action at EU level that moves beyond the regrettably weak remedies of the IMO” in its Resolution of 26 March 2009 on an EU strategy for better ship dismantling.
[5] At the Basel COP 10 meeting in 2011, there was no consensus that the Hong Kong Convention provides an equivalent level of control to that provided in the Basel Convention - see Basel Decision BC-10/17. Since then, the Basel Ban Amendment has entered into global force, reducing even further the equivalency between the two regimes which inevitably entails that the two legal instruments will co-exist.
[6] The European Union adopted the Ship Recycling Regulation (EU SRR) in 2013. Whilst the Regulation brings forward the requirements of the Hong Kong Convention, it includes additional requirements related to downstream toxic waste management as well as labour rights. EU-flagged vessels above 500 GT must be recycled in safe and environmentally sound ship recycling facilities that are included on the European List of approved ship recycling facilities. The List was first established on 19 December 2016 and following on-site independent third party audits it is periodically updated to add additional compliant facilities, or, alternatively, to remove facilities which have ceased to comply.
[7] In the last years, there has been a proliferation of the so-called Statements of Compliance with the Hong Kong Convention, inspections conducted at yards on a business-to-business basis as yet another attempt by the industry to greenwash its dirty and dangerous practices. Facilities that lack infrastructure to contain pollution; lack protective equipment to prevent toxic exposure; have no hospitals to handle emergencies in the vicinity; and where systemic breaches of labour rights have been documented have been able to obtain so-called Statements of Compliance with the Hong Kong Convention.
[8] The findings of the EU audits include lack of infrastructure to contain pollutants; lack of capacity to manage several hazardous waste streams; breaches of labour rights; air, water and soil pollution levels higher than permitted thresholds; and lack of emergency response facilities. For more details see the audit reports.