Recycling of Ships - Prevention of Pollution of the Marine Environment from Vessels - page 88

5.4.5 Certification and Surveying of Ships

The Convention requires State parties to ensure that ships flying their flag or
operating under their authority comply with the survey and certification procedures
prescribed by the Convention. 56 The Convention introduces a compulsory proce-
dure for obtaining an International Certificate on Inventory of Hazardous Materials
and International Ready for Recycling Certificate. 57 The Convention proposes four
types of surveys. It requires “an initial survey before the ship is put in service, or
before the International Certificate on Inventory of Hazardous Materials is
issued”. 58 It also proposes a periodic survey every 5 years. 59 An additional survey
“may be made at the request of the shipowner after a change, replacement, or
significant repair of the structure, equipment, systems, fittings, arrangements and
material” of the ship. 60 A final survey must be done prior to the ship being taken out
of service and the commencement of recycling. 61 The key purpose of these surveys
is to verify that the Inventory of Hazardous Materials required by the Convention is
correct and well maintained. The shipping industry argues that the system of
periodic survey will be difficult to comply with and unreasonably burdensome. 62

5.4.6 Environmentally-Sound Management of Ship
Recycling Facilities

The Convention requires each party to ensure that ship recycling facilities that
operate under its jurisdiction are duly authorised and inspected. 63 It also requires
each party to exchange information, regarding its recycling facilities, with the IMO
and other parties. 64 The Convention outlines the control, authorisation, manage-
ment of hazardous materials, emergency response, and reporting procedures for
ship recycling facilities. 65
The Convention specifically obligates States to enact the necessary domestic
legal framework to ensure that ship recycling facilities operating under their
jurisdiction comply with regulations and standards set out by the Convention. 66

56 Recycling of Ships Convention, art. 5.
57

Ibid, Annex, reg. 11.

58

Ibid, Annex, reg. 10.1.

59

Ibid.

60

Ibid.

61

Ibid.
62 See Second ISRWG Report, para. 30; Proposal for a New Legally Binding Instrument on
Recycling of Ships, para. 11, IMO Doc. MEPC 54/3/11 (27 January 2006).
63 Recycling of Ships Convention, art. 6.
64 Recycling of Ships Convention, art. 7.
65 Recycling of Ships Convention, Annex, regs. 15-23.
66 Recycling of Ships Convention, Annex, reg. 15(1).