Recycling of Ships - Prevention of Pollution of the Marine Environment from Vessels - page 89

The domestic legal framework also must ensure that recycling facilities are
designed, constructed, and operated in a safe and environmentally-sound way. 67
Recycling facilities also must develop a ship-specific ship recycling plan in con-
sultation with the ship owner. 68 A specific plan for the removal of hazardous
materials and the removal of gas for “gas-free-for-hot-work” must be developed
as part of the ship recycling plan. 69 It will undoubtedly be a big challenge for the
developing countries ship recycling facilities to comply with these provisions.

In fact, a critical examination of these detailed procedures reveals that it will be
near-impossible for developing countries ' shipbreaking yards to comply with these
procedures, given their present capacities. Most of the managers and workers in the
ship recycling facilities in developing countries are illiterate. Moreover, these
recycling facilities do not have the necessary equipment to comply with these
rules and regulations. This assertion does not necessarily imply that shipbreaking
industries of developing countries should be allowed to operate without meeting the
standards of the Convention. Rather, the global community, and particularly the
developed countries, should assist developing shipbreaking nations to achieve these
environmental standards. The proponents of the Convention are silent about how
developing countries

'

ship recycling facilities will comply with these

'

requirements. 70

5.4.7 Inspection and Detection of Violations

The Convention empowers the port States to inspect the ships of other parties or
non-parties, but this inspection is limited to verification that there is a valid
International Certificate on Inventory of Hazardous Materials on-board the ship. 71
If the ship does not have any valid certificate or the condition of the ship or its
equipment does not correspond substantially with the particulars of the certificate,
the port State may carry out a detailed inspection. 72 The port State is empowered to
“warn, detain, dismiss or exclude the ship from its ports” if the ship operates in
violation of the Convention. 73 A party may take action in response to any violation
of the Convention within its jurisdiction by applying its domestic law, or it may

67

Recycling of Ships Convention, Annex, reg. 15(1).

68

Recycling of Ships Convention, Annex, reg. 9.

69

Recycling of Ships Convention, Annex, reg. 9.3.

70

Finally the MEPC is considering this issue. The MEPC 57 “invited the Technical Co-operation
Committee to work on capacity building at national level. The Committee also invited the
Technical Co-operation Committee to identify potential sources of funding for the mechanisms
which could be developed to facilitate implementation of the standards contained in the conven-
tion.” Report of the MEPC Fifty-Seventh Session, para 3.13.
71 Recycling of Ships Convention, art. 8(1).
72 Recycling of Ships Convention, art. 8(2).
73 Recycling of Ships Convention, art. 9(3).