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s flag State for it to take proper action. 74
At the same time, the Convention requires the parties not to cause a ship undue
detention or delay. 75
The parties to the Convention have a general obligation to co-operate in the
detection of violations and the enforcement of the provisions of the Convention. 76
Upon the request of any other party, a party must carry out an investigation to
identify whether a ship recycling facility operating under its jurisdiction is operat-
ing in violation of the Convention. 77 Moreover, “[t]he report of any such investi-
gation shall be sent to the Party requesting it, including information on action taken
or to be taken”. 78
report the violation to the offending ship
'
5.5 Debatable and Unresolved Issues
5.5.1 Pre-cleaning
Environmentalist non-governmental organisations took a strong position in the
negotiation process. This stance was directed primarily at the inclusion of an article
in the Convention for compulsory pre-cleaning of ships in any developed country
before sending ships to developing countries
recycling facilities. 79 Ship owners
were opposed to compulsory pre-cleaning of ships before going to a developing
country
'
s recycling facility, because it would affect the seaworthiness of the ship. 80
Due to the pressure of the shipping industry, no compulsory pre-cleaning measures
have been included in the Convention. 81
Even if pre-cleaning will severely undermine the seaworthiness of a vessel, a
compulsory pre-cleaning regime can be established for ships that are proceeding
under tow, as they have already lost their seaworthiness. Although no delegate
explicitly mentioned this issue, an immensely informative incident involved the
French decommissioned naval carrier, Le Clemenceau , which went to India under
'
74 Recycling of Ships Convention, art. 10(2).
75
Recycling of Ships Convention, art. 11(1).
76
Recycling of Ships Convention, art. 9(1).
77
Recycling of Ships Convention, art. 9(4).
78
Recycling of Ships Convention, art. 9(4).
79
Urgent Considerations for Correcting Deficiencies in the Draft Convention on the Safe and
Environmentally Sound Recycling of Ships, para. 10, IMO Doc. MEPC 55/3/7 (10 August 2006)
[hereinafter MEPC 55/3/7].
80 Nikos Mikelis, Developments and Issues on Recycling of Ships, http://www.imo.org/blast/
blastDataHelper.asp?data_id
17980&filename
Developments.pdf ,
last accessed on 13 July
¼
¼
2014, p. 8.
81 See Ibid.
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