Press Release – NGOs win FPSO North Sea Producer case

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 – Two fatal accidents at Indian yards under EU scrutiny

According to local media, two workers recently died on the shipbreaking beach of Alang, India. Two separate accidents took place at well-known scrapping yards that have applied to be included in the EU list of approved ship recycling facilities.

 

On July 29, 50 years old Subash Vishwakarma lost his life at Priya Blue yard - Plot V1. He was working on a ship when a metal plate fell on his head. He was transferred to the nearest hospital in bad condition and pronounced dead at arrival. On September 3, due to an explosion during cutting operations, one worker lost his life and one got severely injured at Shree Ram yard - Plot 78/81. Fellow workers that witnessed the tragic event were unwilling to share information with journalists. The accident is under police investigation.

"We expect transparency on the causes of these fatalities, and that both the yards and owners of the vessels upon which the accidents occurred are held to account."
Ingvild Jenssen - Executive Director and Founder - NGO Shipbreaking Platform

Last year, at least 14 workers lost their life at the Indian Alang shipbreaking yards. The exact number of fatalities is not available as local authorities do not share information — serious injuries are moreover rarely recorded, and occupational diseases, such as cancer, respiratory and skin diseases, are not documented at all.

 

Both Priya Blue and Shree Ram plots [1] were amongst the first yards to obtain so-called “Statements of Compliance with the Hong Kong Convention” from Japanese ClassNK. Recently, they have been inspected by the European Commission to assess whether they comply with the requirements set in the EU Ship Recycling Regulation. Site inspection reports highlighting a series of deficiencies related to the cutting operations in the intertidal zone, downstream waste management, medical facilities and labour laws were published earlier this year. As a consequence, the yards, despite significant pressure from industry stakeholders, were not included in the EU list of approved ship recycling facilities. New inspections, also of additional yards, are expected to take place in the coming weeks.

 

The negative environmental impacts of the scrapping activities in Alang are now under scrutiny also in India. In August, the Indian Courts directed an environmental audit of the shipbreaking activities in Alang with a specific focus on the impacts of the beaching method. The directions were given in an appeal filed by Indian environmental group Conservation Action Trust (CAT), following an initial approval to expand the Alang shipbreaking area. The approval was issued despite government reports identifying the beaching method as the most polluting method. 

 

Operating a heavy and hazardous industry on a tidal mudflat would never be allowed in the largest ship owning countries, including the EU. The many risks involved in taking large vessels apart need to be managed at sites that can safely use heavy lifting cranes, contain pollutants and dispose of hazardous materials in line with international waste laws. The beaching yards in Alang fail on all accounts.

 

Priya Blue yard in Alang, India - © Go Green Go India, 2018

 

NOTES

 

[1] Shree Ram Group owns four plots in Alang. Plots 78/81 and V7 have applied to be included in the EU list. The company also owns Plot 9. Shree Ram hit the headlines in 2016, when Danish company Maersk decided to scrap its old ships Wyoming and Georgia at Plot 78. Investigative journalists revealed severe short-comings of Maersk’s shipbreaking practices in Alang. The Danish shipping giant, however, blatantly disregarded the findings and maintained its beaching mantra.

Press Release – NGOs release new report on North Sea oil and gas recycling

The NGO Shipbreaking Platform released today a research report titled “Recycling Outlook: Decommissioning of North Sea Floating Oil & Gas Units” during a seminar held in Oslo, Norway.

 

With the oil and gas sector seeing a downturn since 2014, the Platform has documented an increasing number of offshore units sold for scrap. While the recycling of fixed installations occurs under strict regulations, there are serious concerns regarding the recycling of floating structures, which classify as vessels. Around 200 floating structures have been identified as scrapped globally since 2015 – an estimated 40% of these assets ended up on South Asian beaches, where they were broken up under conditions that cause irreparable damage to the coastal environment and put workers’ lives and health at risk.

 

Numerous  floating platforms and oil and gas structures can be found in the North Sea, where the global oversupply in the rig-market is pushing the oldest assets to be scrapped. There are currently 59 floating mobile drilling rigs in the North Sea, 18 of which were built before 2001. Whilst some of the older units might be converted/upgraded, it is estimated that most of them will be scrapped in the coming years. So far, the only structure which operated in the North Sea and has been traced to a South Asian beaching yard is the FPSO North Sea Producer. There is a real risk, however, that we will see more of these cases coming up in the near future with more decommissioning projects in the North Sea.

 

The NGO Shipbreaking Platform advocates for the use of green recycling capacity already existing in the region. Indeed, North Sea recycling yards have years of experience decommissioning fixed oil and gas structures. There are several dry docks and contained slipway facilities where the dismantling of  floating structures can take place safely and with due regard for labour and environmental concerns. Ehancing the recycling of offshore structures and ships in Europe would furthermore bring opportunities for the many workers that were laid off  after the recession in the oil and gas sector in 2014.

 

The report was published with the support of Norwegian pension fund KLP. KLP promotes, as an essential part of its responsibility, practices of corporate responsibility and responsible investment. As a large investor in Norwegian companies, and companies based outside of Norway operating in the North Sea, it strives to ensure the responsible recycling of ships and offshore assets, aiming at contributing to a shift towards better practices in the sector.

Photos from KLP's seminar "Responsible disposal of ships and rigs" - © Cato Gustavson/KLP

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

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

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 – Europe has capacity to recycle its ships, new data shows – yet shipowners want to use dangerous, polluting yards abroad

Ship recycling yards approved by the EU will have enough capacity to handle demand from EU-flagged ships that need to be scrapped, a new analysis shows. The shipping industry wants low-cost ship ‘breaking’ yards outside the EU – with dangerous working conditions and poor environmental standards – to be added to the EU list of approved facilities in order to meet demand from vessels bound by the bloc’s ship recycling law, which enters force on 1 January 2019. But the current EU list can accommodate the numbers and sizes of EU-flagged ships that are scrapped every year, the new report by NGOs Shipbreaking Platform and Transport & Environment (T&E) shows.

 

Damen Verolme Rotterdam ship recycling yard – © DAMEN / Offshore Ship Recycling Rotterdam – OSRR

The 20 EU yards currently recognised as meeting ship-recycling standards have had the capacity to handle all EU ships broken since 2015, the report shows. Shipbreaking Platform and T&E said lawmakers should not succumb to pressure to either delay the implementation of the regulation or add sub-standard shipbreaking facilities – which would never be allowed to operate in EU countries – to the EU list.

 

Yards that use the beaching method are of particular concern. Vessels are full of hazardous materials, including asbestos, chlorine compounds, heavy metals and residue oils. On a tidal mudflat it is not possible to contain these toxics – instead they are washed out to the sea, and ravage coastal ecosystems. Without proper protective equipment, workers are also sickened and exposed to unnecessary risk. Accidents at the beaching yards kill or maim young men each year due to unsafe practices. [1]

 

"The shipowners’ capacity claims are a clear red herring. Alternatives to beaching end-of-life ships exist. It boils down to not accepting the low occupational safety and environmental protection standards that allow many unapproved yards to operate cheaply."
Ingvild Jenssen - Executive Director and Founder - NGO Shipbreaking Platform

Shipowners misleadingly cite the EU yards’ historical capacity to claim that they are over-capacity. However, this does not take into account the EU facilities operating under capacity due to being undercut by sub-standard competition overseas. It also ignores the capacity of newly-opened yards which are just starting to operate.

 

"The business of breaking EU ships is an opportunity to boost circular economy and create green jobs in Europe. EU-listed yards have the capacity to break all EU-flagged ships and more. There is no excuse for sending ships to dangerous and polluting yards on beaches overseas."
Lucy Gilliam- Shipping Officer - T&E

The European Commission, national experts and stakeholders meet on 3 October to discuss the implementation of the regulation.

 

Platform News – Shipping industry presses to undermine European Ship Recycling Regulation

On Monday, the EU member states’ experts on ship recycling met in Brussels to discuss the latest developments, six months ahead of the application of the 2013 Ship Recycling Regulation. With the recent decision by the Chinese government to stop the import of end-of-life ships for scrapping, the shipping industry is quick to lament that there will not be enough recycling capacity and that there will be too few options for them under the EU List of approved recycling facilities. The industry claims that the standard set by the EU must be lowered so that beaching yards can be approved.

 

As much as it is a pity that the Chinese yards who have already made efforts to be included on the List may now no longer be receiving EU-flagged ships for recycling, the Platform has calculated that the facilities which are currently on the List, the 21 EU-based ones only, are in fact sufficient to recycle the entire EU-flagged fleet at end-of-life. [1]

 

Moreover, there are still other facilities outside the EU, as well as those operating in Italy and Norway, which are expected to be included on the List before the application of the Regulation. Indian beaching yards that have applied to be on the EU List will not be included as there is no way for these yards to comply with the requirements of the Regulation as long as ships are beached. The overall capacity and sizes of all the facilities that are compliant with EU law will easily accommodate the recycling needs of EU-flagged ships by 1 January 2019. The scaremongering of the shipping industry therefore needs to be debunked, and the European Commission should not bow-down to the “fake news” spread by the ship owners.

 

SeaEurope, IndustriAll Europe and the Platform have urged that a financial incentive is needed to push more ship owners towards clean and safe ship recycling. French trade Union CGT also recently called upon the French government to support the development of ship recycling capacity in the Mediterranean. With China potentially leaving the international market of ship recycling already next year, there is a clear opportunity for other regions to tailor for clean and safe ship recycling off the beach.

"The EU should aim at ensuring that the European shipping industry no longer causes harm to the environment and workers on the South Asian beaches. 30 percent of end-of-life ships are owned by European companies – compared to only six percent registered under an EU flag. There will be a need to support the expansion of existing or building of new facilities to ensure the clean and safe recycling of the many larger vessels that are owned by European companies. Circular economy is the buzz-word and a return scheme for ships is the solution."
Ingvild Jenssen - Executive Director and Founder - NGO Shipbreaking Platform

 

NOTE

 

[1] The 21 facilities that are currently on the EU List have the capacity to recycle at least 1 mill LDT. Whilst most can only take in smaller vessels, at least 10 of the facilities on the List can take in larger vessels. In 2017, less than 500.000 LDT was registered under an EU flag at end-of-life, out of which 245.827 LDT ended up on the South Asian beaches. All EU-flagged vessels broken last year could have been recycled in facilities that are on the EU List, both in terms of LDT and size. Even when adding also the 423.369 LDT of the 24 ships that swapped their EU flag for a non-EU one few weeks before beaching, the total tonnage does not exceed the capacity of the current EU-listed facilities.

 

Press Release – NGO Shipbreaking Platform presents Annual Report 2017

The NGO Shipbreaking Platform presents its Annual Report 2017.

 

The NGO Shipbreaking Platform works to ensure that vessels are recycled without causing harm to workers and the environment. Thanks to our continued efforts, concerned policy makers, progressive investors and banks, and law enforcers are now echoing the Platform’s demand. Read more about this in our new Annual Report.

 

We need your support to effectively prevent the human rights abuses and environmental injustice provoked when ships are traded to dirty and dangerous breaking yards! Share this publication and make a donation.

Download the Platform’s Annual Report 2017 here.

 

Maersk’s toxic trade: the North Sea Producer case

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.

 

 

Press Release – Platform publishes list of ships dismantled worldwide in 2017

European ship owners top the list of global dumpers: the EU must do more to reverse this scandal

 

According to new data released today by the NGO Shipbreaking Platform, 835 large ocean-going commercial vessels were sold to the scrap yards in 2017. 543 were broken down – by hand – on the tidal beaches of Bangladesh, India and Pakistan: amounting to 80,3% of all tonnage dismantled globally.

"The figures of 2017 are a sad testimony of the shipping industry’s unwillingness to act responsibly. The reality is that yards with infrastructure fit for the heavy and hazardous industry that ship recycling is, and that can ensure safe working conditions and containment of pollutants, are not being used by ship owners. It is particularly shameful that so many European shipping companies scrap their vessels on beaches. Their obvious lack of interest to ensure that shipbreaking workers around the world enjoy best available technologies, and that the environment is equally protected everywhere, clearly calls for additional pressure from authorities, shipping clients and financers."
Ingvild Jenssen - Executive Director and Founder - NGO Shipbreaking Platform

The negative consequences of shipbreaking are real and felt by many. On the one hand, workers – often exploited migrants and some of them children – lose their life, suffer from injuries caused by fires, falling steel plates and the general unsafe working conditions, as well as from occupational diseases due to exposure to toxic fumes and materials. On the other hand, coastal ecosystems, and the local communities depending on them, are devastated by toxic spills and various pollutants leaking into the environment as a result of breaking vessels on beaches.

 

Despite the terrible accident that shook the international shipbreaking community in 2016, no lesson has been learned in Pakistan. In 2017, at least 10 workers lost their lives at the shipbreaking yards on the beach of Gadani. The Platform documented 15 deaths in the Bangladeshi yards last year, where also at least another 22 workers were seriously injured. Whilst international and local NGOs were repeatedly denied access to the Indian shipbreaking yards, the Platform was informed of at least eight fatal accidents in Alang in 2017.

 


DUMPERS 2017 - Worst practices

 

As in 2016, GERMANY and GREECE top the list of country dumpers in 2017. German owners, including banks and ship funds, beached 50 vessels out of a total of 53 sold for demolition. Greek owners were responsible for the highest absolute number of ships sold to South Asian shipbreaking yards in 2017: 51 ships in total. Since the Platform’s first compilation of data in 2009, Greek shipping companies have unceasingly topped the list of owners that opt for dirty and dangerous shipbreaking.

 

Despite increased pressure for safe and clean ship recycling from Norwegian investors and authorities, in 2017, the number of Norwegian-owned ships scrapped on the beach was on the rise: 16 ended up in Alang, Gadani and Chittagong. The attempted illegal export of the TIDE CARRIER to Pakistan was stopped by Norwegian authorities following an alert by the Platform.

 

In light of increased pressure from Scandinavian banks and investors, including Norwegian pension funds KLP and NBIM, and ongoing criminal investigations against the owners of TIDE CARRIER, Norwegian ship owners will have to ask themselves whether dirty profits are worth the reputational and financial risk that using beaching facilities now entails. Also, Danish container-giant Maersk will have an increasingly hard time justifying its U-turn back to the beach in Alang, as the yards there will not make it on the EU list of approved ship recycling facilities [1]”, comments Ingvild Jenssen.

 

The worst corporate dumper prize goes to Continental Investment Holdings (CIH), the Singapore-headquartered shipowning arm of Myanmar shipowner Captain U Ko Ko Htoo and parent company of Continental Shipping Line. The company, which is currently changing the composition of its fleet, sold 9 ships for breaking on the beaches in 2017. Four vessels ended up in Bangladesh, where in late December, during the demolition of CIH’s TAUNG GYI STAR, a worker died hit by a falling iron plate.

 

Ranked at second place, the container shipping giant Mediterranean Shipping Company (MSC) sold 7 vessels to Indian breakers. In the last nine years, MSC has profited from the sale of more than seventy ships for dirty and dangerous scrapping in Alang.

 

The Japanese owner Mitsui OSK Lines and the UK-based Zodiac Group follow closely with respectively 6 and 5 ships sold to South Asian yards. Zodiac received the worst dumper award in 2016 and sold 4 vessels to the yards in Chittagong despite being under scrutiny after a Bangladeshi worker sought compensation from the company for injuries incurred when breaking the EURUS LONDON.

 

Other known companies that in 2017 opted for substandard yards, rather than recycling their ships in a safe and clean manner, include: Hanjin Shipping, Hansa Mare Reederei, Peter Dohle Schiffahrts, Rickmers Reederei, Hansa Treuhand, Berge Bulk, Costamare, Quantum Pacific Group and Teekay. Teekay had promised to never sell to beaching yards again after a worker died breaking the ASPIRE in 2014 in Chittagong. That Berge Bulk was under the spotlight in December 2016, when it was feared that the Berge Stahl would end up on a beach, did not prevent the company from selling another 5 ships for dirty and dangerous breaking in 2017.


 

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 91 units which have been identified as demolished in the last three years combined, 41 of them ended up on the beaches of South Asia after being towed for thousands of kilometers across the globe. Three floating platforms cold-stacked in Scotland that were sold by Diamond Offshore for scrap in 2017, allegedly to cash buyer GMS, were stopped from leaving following an alert by the Platform on their highly likely illegal export. “Fixed platforms cannot easily escape decommissioning rules, whereas we have seen that nearly half of all floating units slip under the radar and end up on beaches – this double standard has to stop”, states Francesca Carlsson, Corporate Liaison and Policy Officer of the NGO Shipbreaking Platform.

 

All vessels sold to the beaching yards pass through the hands of scrap dealers known as cash buyers. In this way, ship owners attempt to shield themselves from responsibility, and are paid upfront the highest market price in cash for their end-of-life vessels by the dealers. To reduce costs and to exploit the loopholes in international legislation, cash buyers will change a vessel’s flag to one of the typical last-voyage flags of convenience, such as Comoros, Palau and St Kitts and Nevis. Cash buyers will also register the vessel under a new name and a new post box company, rendering it very difficult for authorities to trace and hold cash buyers and ship owners accountable for illicit business practices.

"Ship-owning companies that stand by their corporate social responsibility directly sign contracts with ship recycling facilities they have inspected and found adequate. Choosing to sell a ship to a facility which is on the EU list of approved yards is the easiest way for a ship owner to be assured that there has been a quality check. Fortunately, it is becoming increasingly difficult for ship owners to simply blame the cash buyer: investors and authorities are expecting ship owners to control the choice of the recycling yard, and expect that choice to be a yard that does not endanger workers and the environment [2]."
Francesca Carlsson - Corporate Liaison and Policy Officer - NGO Shipbreaking Platform

For the list of all ships dismantled worldwide in 2017, click here.*/**
For detailed figures and analysis on ships dismantled in 2017, 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.

 

**[UPDATE 22 February 2018 - Norwegian Tschudi Shipping Company AS informed us that two ships the company owned, the Hurricane I and the Hurricane II, had been sold to a buyer for continued operation in August 2016, one year before they ended up on South Asian beaches. Indeed, the buyer was the Indian registered company Hermes Maritime Services Pvt Ltd, which in 2017 purchased and sold several ships for breaking. Further research revealed that Hermes Maritime Services Pvt Ltd also buys tugboats near the end of their operational lives and manages these to tow vessels to the beaching yards, as was the case for the Hurricane vessels. The Platform has therefore updated the data and changed the ownership of these two vessels to the Indian-based Hermes Maritime Services Pvt]
[UPDATE 23 February 2018 - Italian K-Ships Srl informed us that one ship the company managed, the F1, had been sold to a buyer for continued operation in November 2013, four years before it ended up on a South Asian beach. The documentation provided by K-Ships shows that the Italian company is not linked to the end-of-life sale of the F1. The Platform has therefore rectified the data concerning the beneficial ownership of the vessel]

 

 

NOTES

 

[1] In 2018, the EU will publish a list of ship recycling facilities around the world that comply with high standards for environmental protection and workers’ safety. The list will be the first of its kind and an important reference point for sustainable ship recycling.

 

[2] The many scandals involving European shipping companies are also a driver behind the strong interest that various financial institutions have started to show in ship recycling: to ensure responsible business practices, some are now setting criteria for shipping companies they finance, while looking at the EU Ship Recycling Regulation for guidance.