Recycling of Ships - Prevention of Pollution of the Marine Environment from Vessels - page 91

tow. 82 Different sources stated that the ship contained more than 500 tons of
asbestos and 100s of tons of polychlorinated biphenyls (PCBs). After a long legal
battle in India and France, the French government had to re-import the ship to
France. 83 Pre-cleaning of hazardous substances could have saved the significant
financial costs and time in that case.

5.5.2 Gas-Free-for-Hot-Work Certificate

The explosion of toxic gas while doing hot work on ships is one of the main causes
of casualties among workers in the shipbreaking yards. As the world

s largest
shipbreaking nation, India raised the seriousness of this issue in the negotiation
process. Although all delegates agreed in principle with the Indian proposal to
include a provision relating to gas-free-for-hot-work certification, no such regula-
tion has been included in the Convention. 84 According to the official submission of
India to the MEPC 55,
[i]t was accepted that this essential measure has the greatest impact on safety in recycling
facilities and this should be made mandatory. Cargo tanks, slop tanks and all other
hazardous liquid tanks and spaces (except for the fuel oil tanks and sludge tanks in
machinery spaces which are needed for the final voyage) should be gas-freed for
man-entry and hot-work prior to or during the final voyage to the recycling yard and the
vessel needs to be handed over in this condition to the recycling yard. This requirement
should be included in the Convention. 85

'

Ultimately, the second intersessional working group meeting agreed that this is a
vital issue and the Convention should adequately reflect this requirement. 86 The
Working Committee believes that Regulation 9 of the Convention now covers the
issue. 87 Although Regulation 9 of the Convention imposes an obligation on the ship
recycling facility to provide information about the gas-free-for-hot-work procedure,
the regulation does not necessarily introduce any system of compulsory prior
gas-free-for-hot-work certification. 88
India continued to fight this issue until the end of negotiations. At the Hong
Kong Conference, India proposed inclusion of the following provision in

82

See Marcos A. Orellana, ASIL Insights, Shipbreaking and Le Clemenceau Row, http://www.
asil.org/insights/volume/10/issue/4/shipbreaking-and-le-clemenceau-row , last accessed on

13 July 2014.
83 Ibid.
84 See Second ISRWG Report, para. 38.2.
85 MEPC 55/3/12, at para. 4.2.
86 Second ISRWG Report, para. 38.2.
87 Ibid at para. 38.4.
88 See Recycling of Ships Convention, Annex, reg. 9.3.