- 1 -ILO/IMO/BC WG 2/4

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IMO
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BASEL CONVENTION / E
JOINT ILO/IMO/BC WORKING GROUP ON SHIP SCRAPPING
2nd session
Agenda item 4 / ILO/IMO/BC WG 2/4
14 September 2005
ENGLISH ONLY

THE WORK PROGRAMMES OF THE PERTINENT BODIES OF ILO, IMO AND THE CONFERENCE OF PARTIES TO THE BASEL CONVENTION ON THE ISSUE OF SHIP SCRAPPING

Work programme of the Marine Environment Protection Committee
on the issue of ship recycling

Note by the IMO Secretariat

SUMMARY
Executive summary: / This document provides information on the work programme of the Marine Environment Protection Committee of IMO on the issue of ship recycling.
Action to be taken: / Paragraph 20
Related documents: / ILO/IMO/BC WG 1/8,MEPC 53/WP.2, MEPC 53/24, MEPC 53/24/Add.1 and MEPC 54/1

Introduction

1In accordance with its terms of reference, the Joint ILO/IMO/BC Working Group on Ship Scrapping (hereinafter referred to as “Joint Working Group”) should consider the respective work programmes of the pertinent bodies of ILO, IMO and the Conference of Parties to the Basel Convention on the issue of ship scrapping in order to avoid duplication of work and overlapping of roles, responsibilities and competencies between the three Organizations, and identify further needs.

2Ship recycling is one of the high priority items in the agenda of the IMO’s Marine Environment Protection Committee (MEPC).

3The Committee held its fifty-third session from 18 to 22 July 2005 and its report on that session has been circulated under the symbol MEPC53/24.

4As approved by MEPC 52 (October 2004), a three-day intersessional meeting of the Working Group on ShipRecycling was held from 13 to 15 July 2005 and its report (MEPC53/WP.2) was submitted to MEPC 53. The Working Group on ShipRecycling was re-established at MEPC 53.

5Taking into account the outcome of MEPC 53, the Committee’s work programme on ship recycling is summarized in the ensuing paragraphs. The outcome of the Committee’s consideration on matters related to the promotion of the implementation of theship recycling guidelines and to the ship recycling-related technical co-operation activities will be brought to the attention of the Joint Working Group under agenda items 5 and 7 respectively.

Development of a new legally binding instrument on ship recycling

6MEPC 53, having considered the report of the intersessional meeting of the Working Group on ShipRecycling (MEPC 53/WP.2), agreed that the IMO should develop, as a high priority, a new instrument on ship recycling with a view to providing legally binding and globally applicable ship recycling regulations for international shipping and for ship recycling facilities and approved a draft Assembly resolution, for adoption by the twenty-fourth session of the Assembly (21 November to 2 December 2005), setting out the Organization’s commitment to develop this new IMO instrument.

7In accordance with the above-mentioned draft Assembly resolution, which is set out in Annex 7 to the report of MEPC 53 (MEPC 53/24/Add.1), MEPC is requested to develop a new legally binding instrument on ship recycling that would provide regulations for:

.1the design, construction, operation and preparation of ships so as to facilitate safe and environmentally sound recycling, without compromising the safety and operational efficiency of ships;

.2the operation of ship recycling facilities in a safe and environmentally sound manner; and

.3the establishment of an appropriate enforcement mechanism for ship recycling (certification/reporting requirements).

8The Committee further agreed that the development of the above-mentioned instrument should be completed in time for its consideration and adoption by a diplomatic conference in the 2008-2009 biennium.

9The Committee noted the preliminary draft structure for the new instrument on ship recycling, as developed by the intersessional Working Group (paragraph 19 of MEPC 53/WP.2). The intersessional Working Group agreed that the mandatory requirements to be developed could be grouped in accordance with the following layout:

I - Requirements for ships
.1Design and construction

.2Operation and maintenance

.3Preparation for recycling

II- Requirements for recycling facilities

III- Enforcement mechanisms (Certification/Reporting requirements)

10 The intersessional Working Group noted that the new instrument could be supplemented with a nonmandatory part providing guidance for the implementation of the various mandatory requirements (e.g., guidelines for the development of a Ship Recycling Plan, guidelines for the development of a Green Passport).

11MEPC 53 agreed that the outcome of the intersessional meeting of the Working Group on Ship Recycling on the development of appropriate mandatory requirements, as reflected in paragraphs 22 to 48 of MEPC 53/WP.2, should form the starting point for the development of the new IMO instrument on ship recycling. It should be noted that the intersessional Working Group had an initial consideration on a number of issues related to the development of the new instrument, including, inter alia, the prohibition of the use of certain hazardous materials in the construction and equipment of ships, the design of ships and ships' equipment to facilitate recycling and removal of hazardous materials, the preparation, update and verification of inventories of potentially hazardous materials on board ships, the possible need for a survey and certification system, the development of a reporting system for ships destined for recycling, the need for the recycling facilities to be approved/licenced or properly regulated in accordance with internationally developed and globally applied standards, the development of a ship recycling plan and the provision of, access to, and proper utilization of adequate reception facilities for shipboard wastes and other wastes by the recycling facilities.

12MEPC 53 also noted that the intersessional Working Group had a preliminary discussion on the possible legal framework options for the new instrument on ship recycling. Taking into account the particular characteristics and the complicated nature of the ship recycling operations and procedures as well as the need for uniformity, simplicity and clarity in the implementation of the new requirements, the intersessional Working Group was of the view that a new free-standing instrument, possibly a new Convention, would be the best option. However, it was recognized that such a decision could be made at a later stage when the development of the new instrument would have further progressed.

Amendments to the IMO Guidelines on Ship Recycling

13With a view to improving the current IMO Guidelines on Ship Recycling (resolution A.962(23)), the Committee approved a number of amendments to the IMO Guidelines for submission to the twenty-fourth session of the Assembly for adoption. The draft Assembly resolution on the adoption of the amendments to the IMO Guidelines, as approved by MEPC 53, is set out in annex 8 to the report of MEPC 53 (MEPC 53/24/Add.1).

The “single list” of on board potentially hazardous materials

14MEPC 53 noted the outcome of the intersessional Working Group on matters related to the development of the “single list” and the Inventory of the on board potentially hazardous materials (paragraphs 55 to57 of MEPC 53/WP.2). The intersessional Working Group, in considering these issues, agreed to the following clarifications:

.1the “single list” should serve as a guidance document providing information on the potentially hazardous materials that could be found on board ships, assisting, in that way, in the development of the Inventory of potentially hazardous materials;

.2the Inventory of potentially hazardous materials forms part of the Green Passport and provides ship-specific information on the actual potentially hazardous material on board the ship, and contains the location and the approximate quantity/volume of each identified material.

15Noting that verification of the accuracy of the Inventory could be included in the scope of a survey and certification system of the new instrument, the intersessional Working Group agreed that there might be a need for the development of:

.1a standard format of the Inventory of potentially hazardous materials;

.2common survey and inspection guidelines to check the Inventory; and

.3criteria for the selection of the materials to be listed in the Inventory.

Recommendations of the 1st meeting of the Joint Working Group

16The Committee considered the recommendations of the first meeting of the Joint Working Group on Ship Scrapping regarding the main work programme items on the issue of ship recycling that are under the concurrent consideration of the three Organizations (annex 1 of ILO/IMO/BC WG 1/8) and agreed to take them into account, as appropriate, during its future deliberations.

Abandonment of ships on land or in ports

17Having concurred with the Joint Working Group’s view that the three Organizations should ensure that the issue of “abandonment of ships on land or in ports” would be adequately covered by an international legally binding instrument, as deemed appropriate, MEPC 53 invited the Consultative Meeting of Contracting Parties to the London Convention 1972 and the IMO Legal Committee to consider, based on the analysis provided in document ILO/IMO/BC WG1/2/2, the issue of “abandonment of ships on land or in ports” with a view to assisting in the development of an effective solution to this problem.

18The 27th Consultative Meeting of Contracting Parties to the London Convention 1972 will be held from 24 to 28 October 2005 and the outcome of the meeting on the issue of the “abandonment of ships on land or in ports” will be reported to the 2nd session of the Joint Working Group by the IMO Secretariat. The 91st session of the Legal Committee has been tentatively scheduled to take place from 24 to 28 April 2006.

Future working arrangements

19MEPC 54 will be held from 20 to 24 March 2006 while MEPC 55 and MEPC 56 have been scheduled tentatively in October 2006 and July 2007 respectively. A Working Group on Ship Recycling will be established at MEPC 54 and, as set out in the provisional agenda of MEPC 54 (document MEPC 54/1), ship recycling will be considered under agenda item 3.

Action requested of the Joint Working Group

20The Joint Working Group is invited to take into account the information provided in its deliberations under agenda item 4.

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