Recycling of Ships - Prevention of Pollution of the Marine Environment from Vessels - page 87

the Ship Recycling Plan”. 47 Ship owners must also take necessary steps “to
minimize the amount of cargo residues, remaining fuel oil, and wastes remaining
on board” before entering a recycling facility. 48 Although the Convention provides
for minimising the Wastes on board, there is no provision for pre-cleaning of
hazardous substances in the structure of the ship, except a conditional requirement
for oil tankers. 49
In the second inter-sessional working group meeting, there was a debate on the
development of another regulation on recycling. The European Commission pro-
posed a new regulation which would provide for a final survey, an inventory of
hazardous materials, a ship recycling plan, and—to the extent possible—arrange-
ment for removal and safe recovery or disposal of hazardous materials prior to the
final voyage and gas-freeing. 50 This proposal did not receive a positive response
from the working group because there were serious reservations from certain
countries and the shipping industry. 51 These sceptics were of the view that the
proposal would overlap with many other provisions of the Convention. 52 Accord-
ingly, no such regulation was included in the Convention. In the final stage of
negotiation, a special provision for tankers was included as the result of an Indian
proposal. 53 This provision will be discussed in detail later in this topic.
From the very beginning of the negotiations, “India proposed that both the
scenarios of the ship going to [a] recycling yard on its final voyage under its

'

should be addressed”. 54 The
working group concluded that this requirement had been covered by the definition
of a “ship”. 55 This issue is very important from the perspective of the pre-cleaning
of hazardous materials.

own power and [the] ship proceeding on tow

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47 Ibid, Annex, reg. 8.4.
48 Ibid, Annex, reg. 8.2.
49 Ibid, Annex, reg. 8.3 (governing oil tankers).
50 Second ISRWG Report, para. 27.
51 Ibid, para. 28.
52

Ibid.

53

Recycling of Ships Convention, Annex, reg. 8.3.

54

Second ISRWG Report, para. 38.3. See generally, Comments on the Proposal for a New
Legally-Binding Instrument on Recycling of Ships, para. 2.5, IMO Doc. MEPC 54/3/9 (27 January
2006); Development of the Draft International Convention for the Safe and Environmentally
Sound Recycling of Ships, para. 4.3, IMO Doc. MEPC 55/3/12 (17 August 2006) (hereinafter
MEPC 55/3/12).
55 Second ISRWG Report, para. 38.3. The convention defines “ship” as “a vessel of any type
whatsoever operating or having operated in the marine environment and includes submersibles,
floating craft, floating platforms, self-elevating platforms, Floating Storage Units (FSUs), and
Floating Production Storage and Offloading Units (FPSOs), including a vessel stripped of equip-
ment or being towed.” Recycling of Ships Convention, art. 2(7) (emphasis added).