Tag: legislation

Press Release – NGOs and trade unions denounce certification issued to PHP yard by classification society RINA

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In October, the PHP Family (Peace Happiness and Prosperity) shipbreaking yard received a Statement of Compliance with the Hong Kong Convention [1] by the Italian classification society RINA. Trade unions in Bangladesh, as well as the Platform’s member Bangladesh Institute for Labour Studies (BILS), are concerned that such a labelling sets a dangerous precedent for the further green-washing of the Chittagong beaching yards. Workers and the environment are not protected as long as ships are broken on the beach, and as long as fundamental labour rights and proper infrastructure are not secured.

 

PHP is run by a renowned business family in Chittagong, who also runs activities in the steel re-rolling and construction industries, and owns TV channels. Trade unions made a formal request to represent the workers at the PHP yard, but the management has systematically rejected the workers’ right to freedom of association, and employees that have strongly engaged in demanding respect of workers’ rights have even been fired. Any worker association or NGO which does not praise PHP is received with hostility and is not even allowed to visit the yard. As reported yesterday by the Platform, accidents at the PHP shipbreaking yard continue to happen.

 

“It is shocking that a company that rejects legitimate trade union activities can be stamped as operating in line with international laws”, says Nazim Uddin, local trade union leader and Bangladesh representative at IndustriALL.

 

Despite some investments in the PHP yard to concrete parts of the upper beach, the severe deficiencies in infrastructure for the containment of toxics renders any statement of compliance with pollution prevention standards ludicrous. When vessels are cut in the intertidal zone, toxics are inevitably released in the sea. The entire Chittagong area is heavily polluted, and there is no means for any beaching yard to handle and dispose hazardous waste, such as oil residues, heavy metals and asbestos, in a safe and environmentally sound manner. The Hong Kong Convention’s ship recycling requirements stop at the gate of the yard, therefore the fact that Bangladesh still has no waste treatment facility for general waste, let alone for the toxic materials coming from ships, is completely overlooked by the Convention. Statements of Compliance with the Hong Kong Convention are clearly no guarantee that the environment and workers are protected from the many risks connected to the heavy and hazardous industry of ship recycling.

 

“That a beaching yard in Chittagong is able to comply with the Hong Kong Convention tells us a lot about the extremely low standard set by the International Maritime Organisation”, said Ingvild Jenssen, Director and Founder of the NGO Shipbreaking Platform. “Any ship owner looking for a safe and clean location for the recycling of their ship will be wise to disregard the very misleading Statements of Compliance with the Hong Kong Convention, and instead consult the upcoming EU List of approved ship recycling facilities”, she adds.

 

An aerial view of the PHP shipbreaking yard – 2017 – © Google Earth

* Updated on 26 January 2018 – Quote by Nazim Uddin changed following his request

 

NOTE

 

[1] Statements of Compliance with the Hong Kong Convention were first issued to beaching yards by the Japanese company Class NK in Alang, India, last year. Other classification societies, such as RINA and the Indian Ship Registry, have now entered the business of issuing these statements, and a total of 47 yards have received such statements in India, whilst PHP is the first, and so far, the only one in Bangladesh.

 

Platform News – Atlantic Container Line steaming for sunshine

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

 

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

 

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

© Jon Ingemundsen

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

 

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

 

 

NOTES

 

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

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

 

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

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

 

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

 

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

 

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

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

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

 

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

 

 

NOTES

 

[1] See our release.

 

[2] Read the letter.

 

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

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

 

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

 

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

 

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

 

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

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

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

 

 

NOTES

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

NOTES

 

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

 

[2] See press statement from the EESC.

 

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

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

 

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

 

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

 

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

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

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

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

 

NOTE

 

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

 

Platform News – NGO Shipbreaking Platform presents Annual Report 2016

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The NGO Shipbreaking Platform presents its Annual Report 2016.

 

Last year, at least 52 workers lost their lives on the shipbreaking beaches in South Asia. The worst explosion in the history of shipbreaking struck an oil tanker beached in Gadani, Pakistan, killing 28 workers and injuring more than 60. The NGO Shipbreaking Platform is working to ensure that shipping companies sell their obsolete vessels to safe, clean and just recycling facilities. Thanks, in no small part, to the continued efforts of the NGO Shipbreaking Platform and its member organisations, concerned policy makers and industry with a stake in shipping are increasingly echoing this demand. Check the new Annual Report to find out more about global shipbreaking practices and the NGO Shipbreaking Platform's activities in 2016.

 

Support our work to prevent the human rights abuses and environmental injustice provoked when ships are traded to dirty and dangerous breaking yards! Share this publication.

 

Download the Platform’s Annual Report 2015 here, or send us an email to order a hard copy.

 

 

Press Release – EU’s leverage & insurance policy on dirty shipping needed

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Environmental NGOs call upon the EU to effectively regulate ship borne pollution

 

From dangerous emissions in ports to hazardous scrapping on South Asian beaches, European shipping companies pollute and put people’s health and lives at serious risk. In light of the ongoing European Shipping Week and the failure of the International Maritime Organisation to find solutions, environmental experts are ringing the alarm bell and calling upon European policy makers to urgently adopt policies that effectively target the environmental performance of shipping.

"Every year approximately 50,000 people in the EU die prematurely because of air pollution from ships. While all land-based sources have been gradually regulated in recent years we still face a lack of effective emissions control measures for ships."
Daniel Rieger - NABU

Burning heavy fuel without any exhaust gas aftertreatment systems is shockingly still standard practice on open sea, despite both regulatory and technical means at hand to limit the threat to human health, environment and global climate caused by such shipping emissions. The EU must take a lead by designating all its waters as emission control areas for ship born sulphur, nitrogen and particle emissions. Such a step would not only lead to a significant uptake of cleaner fuels but also enable the use of particulate filters and nitrogen catalysts, therefore reducing air pollution levels in port cities and along shipping routes significantly. The EU must also back the growing calls [1] for an international ban on the use of heavy fuel oil by Arctic shipping by 2020.

 

Shipping mind-bogglingly remains the only sector of the economy not contributing to EU climate targets and yet it is uncontestably an industry responsible for emitting significant amounts of CO2. Forecasts show EU-related ship CO2 emissions will increase by 86% in 2050 compared to 1990 levels. By 2050, international shipping could be responsible for 17% of global CO2 emissions if left unregulated. Environmental NGOs therefore welcome that the European Parliament has decided to include shipping in the EU Maritime Climate Fund/ETS from 2023 if the International Maritime Organisation (IMO) fails to deliver on a global deal.

"The IMO has so far failed to give a credible response to the Paris agreement’s call for urgent action. The EU ETS will provide important leverage to ensure that the IMO finally delivers what it promised under its own roadmap. EU governments must now follow the European Parliament’s lead and agree that ship CO2 emissions must go in the EU ETS if the IMO does not act."
Faig Abbasov - Transport & Environment

Devastating human and environmental impacts are also caused by ships at the end of their operational life. European ship owners shamefully continue to top the list of companies that sell their ships for dirty and dangerous scrapping on beaches in South Asia [2]. A new EU law aims to ensure that EU-flagged ships are recycled in EU-approved facilities. However, in a system where owners can easily swap the flag of their ship and where all vessels sold to South Asia pass through the hands of cash-buyers - middle men specialising in hazardous waste trafficking - legislation based on flag state jurisdiction will be easy to circumvent.

"The scandalous shipbreaking practices of European shipping companies can only be stopped through measures that go beyond flag state jurisdiction. That is why we call on the EU to demand a ship recycling licence from all vessels visiting EU ports. EU policies need to hit where it hurts. Profits made by exploiting workers and poor environmental law enforcement in South Asia is dirty money."
Ingvild Jenssen - Policy Director - NGO Shipbreaking Platform

International shipping laws rest on enforcement by flags of convenience, such as those of Panama and Liberia and Paris MoU grey- and black listed flags at end-of-life. Solutions to curb dirty shipping will need to be ascertained by the EU. Since it controls 40% of the world fleet and is a major trading destination, there is no reason why the EU should be timid in this role.

 

NOTES

 

[1] The Arctic Commitment, an initiative by the Clean Arctic Alliance, aims to protect Arctic communities and ecosystems from the risks posed by the use of heavy fuel oil as marine fuel. For more details see www.hfofreearctic.org

 

[2] For a list of all ships sold for scrap in 2016, see www.shipbreakingplatform.org/press-release-platform-publishes-list-of-ships-dismantled-worldwide-in-2016/

 

 

Press Release – Platform publishes list of ships dismantled worldwide in 2016

Posted on by admin_ec

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

 

Read our country-specific press releases:
Brazil | Germany | Greece | Italy

 

The list of all ships dismantled around the world in 2016, which the NGO Shipbreaking Platform has compiled and analysed, shows no improvements of the shipping industry’s management of its end-of-life vessels. Far from it: the Platform today releases data that indicate an increase in the number of ships sold for polluting and unsafe shipbreaking on the beaches of South Asia. In 2016, a total of 668 vessels were broken on tidal beaches, that is as much as 87% of all tonnage dismantled globally.

"The shipping industry is nowhere close to ensuring sustainable ship recycling practices. Last year, we saw not only an increase in the market share for dangerous and dirty shipbreaking, but also a record-breaking number of EU-owned vessels on the South Asian beaches. A jaw-dropping 84% of all European end-of-life ships ended up in either India, Pakistan or Bangladesh. Beaching yards are not only well known for their failure to respect international environmental protection standards, but also for their disrespect of fundamental labour rights and international waste trade law."
Patrizia Heidegger - Executive Director - NGO Shipbreaking Platform

A higher number of ships beached means that workers, the environment and local communities in South Asia are exposed to ever increased hardship. 2016 saw the worst catastrophe in the history of the industry: on 1 November, at least 28 workers were killed instantly and more than 50 injured when an explosion and a massive fire shook a tanker beached in Gadani, Pakistan. The death toll in the Bangladeshi yards, which the Platform was able to document, reached 22 in 2016, with another 29 workers having suffered serious injuries. Whilst accident records in Indian shipbreaking yards are kept a secret, the Platform was informed of at least two fatal deaths in Alang.

 

DUMPERS 2016 - Worst practices

 

The worst dumper prize goes to IDAN OFER, son of shipping magnate Sammy Ofer. Idan Ofer owns QUANTUM PACIFIC GROUP and has a controlling stake in It may seem a big surprise for a country whose industry is proud of green technology and engineering solutions, but GERMANY is responsible for the worst shipbreaking practices amongst all shipping nations when one compares the size of its fleet to the number of ships broken irresponsibly. German owners, banks and ship funds had a staggering 97 ships rammed up on the beaches of South Asia out of a total of 99 vessels sold for demolition: 98% of all obsolete German ships ended up on a beach! That not being enough, close to 40% were broken in Bangladesh, where conditions are known to be the worst. Amongst the most irresponsible owners are Hansa Mare with 12 ships, Alpha Ship, F. Laeisz and Peter Doehle with 7 each, and Dr. Peters, König & Cie, Norddeutsche Vermögen and Rickmers with 6 each.

 

The German shipbreaking practices come with a high death toll. During the breaking period of the RENATE N. at Seiko shipbreaking in Chittagong, Bangladesh, three workers were killed and three more injured (see “Accidents” in the Platform’s South Asia Quarterly Update). The vessel owned by Neu Seeschifffahrt had been traded through cash buyer Wirana. Even the UN Special Rapporteur on Toxics and Human Rights expressed serious concerns in a submission to the German Government, criticizing the substandard practices of German owners. In November, another Bangladeshi worker was killed during the demolition of the only 10 year-old, loss-making container ship VIKOTRIA WULFF.

 

“It is not the first time that shipbreaking workers pay with their lives for the failed business practices of German ship owners and their ship funds. Due to numerous bankruptcies resulting from short-sighted and high-risk investment, insolvency administrators appointed by the courts quickly trade the unprofitable ships to the beaches of South Asia, and the bill for the shipping industry’s greed is paid by people and the environment”, comments Patrizia Heidegger.

 

GREECE was responsible for the highest absolute number of ships sold to South Asian shipbreaking yards in 2016: 104 ships in total. Since the Platform has started to compile data in 2009, Greek shipping companies have unceasingly topped the list of owners that opt for dirty and dangerous shipbreaking. Backed by the Greek government, they continue to refuse liability for the damage done to workers and the environment. A Greek ship beached in Pakistan in December 2016 caused the death of five workers in January when a fire broke out on the GAZ FOUNTAIN owned by Athens-based Naftomar.

 

The worst corporate dumper prize goes to the UK-based ZODIAC. The company is operated out of London and owned by Eyal Ofer, son of late shipping magnate Sammy Ofer. Zodiac alone has sold 12 ships for breaking on the beaches in 2016, mostly to Bangladesh, and the company has been linked to severe accidents. During the demolition of Ofer’s ship SNOWDON, beached in Pakistan in October, a worker was killed in January this year. Eyal’s brother Idan, owner of the QUANTUM PACIFIC GROUP and holder of a controlling stake in the ISRAEL CORPORATION, received the worst dumper award in 2015 for selling most of his end-of-life vessels to Bangladesh breakers – a more than dubious practice for a family that wants to be known for its philanthropy.

 

"It is scandalous that the burden to deal with Europe’s profit-greedy shipbuilding boom is shifted to communities and workers in South Asia: first the shipping industry creates a large overcapacity on the market, and then it fails to find responsible solutions for its obsolete ships."
Patrizia Heidegger - Executive Director - NGO Shipbreaking Platform

In 2016, also Maersk decided to take a U-turn on its previously progressive ship recycling policy: the Danish container ship giant decided to go back to the shipbreaking beaches of India where it is offered higher prices for its unwanted ships. Being one of the catalysts of the overcapacity on the shipping market itself, Maersk has to get rid of 75 – 100 ships in the coming years.

"This move to boost profits does not only help to rubberstamp the beaching method, but, very regrettably, it is also stalling real progress and innovation in India to move ship recycling to the next level – off the beach – to modern ship recycling facilities."
Patrizia Heidegger - Executive Director - NGO Shipbreaking Platform

Ship owners sell their vessels to South Asian yards via cash-buyers, companies that specialise in the trade of end-of-life tonnage. Cash-buyers promise ship owners not only the highest price, but also to rid them of their responsibility to properly deal with the end-of-life management of their ships. [2] Ships contain large amounts of toxic materials such as oil sludge, asbestos and paints laden with heavy metals and would yield less profit at end-of-life if sold to a recycling facility that firmly follows environmental and occupational health and safety standards.

 

The data compiled by the Platform also show that ship owners continue to shield themselves from responsibility through the use of cash buyers such as GMS and Wirana. These scrap dealers reflag end-of-life vessels to last-voyage flags of convenience, such as Palau, Comoros and St Kitts and Nevis, and sell them off for the highest price offered by the worst yards.

"Looking at the flags used at end-of-life, it is clear that legislation based on flag state jurisdiction will not be able to bring substantial change to the current practices: who believes that a non-compliant flag and a cash buyer benefitting from the worst conditions will enforce improvements in shipbreaking yards? The global shipbreaking crisis can only be solved through measures that go beyond flag state jurisdiction. That is why we call on the EU to demand a ship recycling licence from all vessels visiting EU ports."
Ingvild Jenssen - Policy Director - NGO Shipbreaking Platform

In 2017, 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. German container line Hapag-Lloyd has already committed its end-of-life ships off the beach, and has announced that it will only use EU listed facilities. A financial incentive affecting ships trading with the EU is however needed to ensure that irresponsible ship owners are directed towards the facilities listed as approved by the EU. A proposed Ship Recycling Licence scheme is now being discussed. 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.

 

For the list of all ships dismantled worldwide in 2016, click here.
For detailed figures and analysis on ships dismantled in 2016, click here.
For background information on global ship dismantling practices, click here.