BIMCO's position has been approved by the BIMCO Board of Directors.
The Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships (the HKC) was adopted in 2009 but has not yet entered into force. It is hoped that once all the criteria have been met, the entry into force of the HKC will take precedence over the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention), and the Ban Amendment to the Basel Convention (Basel Ban) that entered into force in 1992 and 2019, respectively, with regard to transboundary export of ships for recycling.
Regulation (EU) No. 1257/2013 on ship recycling (the EUSRR) was adopted in 2013 and is aimed at facilitating the entry into force of the HKC. Ships calling at a port or anchorage of a port in the European Economic Area (EEA) must regardless of its flag have on board an inventory of hazardous materials (IHM) that specifies the location and approximate quantities of such materials. Ships flying the flag of an EU member state must be recycled only in those safe and environmentally sound ship recycling facilities included in the European list of ship recycling facilities. By 31 December 2020, the EUSRR required ships of 500 GT and above flying the flag of countries in EU, and all other ships regardless of the flag, to carry an IHM when visiting a port or anchorage in the EEA.
Shipowners are responsible for updating their IHMs based on suppliers’ documentation in the form of mandatory Material Declarations. As most materials received onboard ships are produced and delivered outside Europe, the EUSRR may in this respect present an impossible requirement for shipowners.
BIMCO strongly recommends the use of BIMCO’s standard contract for the sale of ships for green recycling, RECYCLECON. This recommendation applies during the transitional period before the HKC has entered into force, as the contract incorporates many of the requirements of the HKC.
The HKC should prevail in any international law conflict between the HKC and the Basel Convention, and the HKC should therefore be recognised as the authoritative framework for ship recycling.
BIMCO endorses the EUSRR’s aim of facilitating early ratification of the HKC.
BIMCO believes that there is an urgent need to ensure that the European list of approved ship recycling facilities is also fit for recycling of ships engaged in deep sea shipping and BIMCO supports the EU’s endeavours to conclude bilateral agreements with major ship recycling nations to this effect.
The content of the Material Declarations must be improved enabling shipowners to be able to properly maintain the IHM, however this cannot be achieved through regional legislation.
Veritas Petroleum Services (VPS) publish regular Bunker Alerts based entirely on fuel samples and have kindly permitted BIMCO’s Members to access this information.
The Bunker Alerts are not intended to be an evaluation of overall bunker quality in the port or area concerned, but usually highlight a specific parameter within the fuel which has raised a quality issue.
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