Say if the objectives were met and if not why not Word limit = 1500 Appendices are allowed as extra words (for diagrams and illustrations) You should use the module material available to you together with your own experience and research. Carrying out additional research is highly recommended as this will help you to digest the topic. Although this is a piece of individual work, you can exchange ideas and information with your syndicate colleagues. Mark Allocation:  Identification of policy and understanding of controversy 20%  Identification of rationale behind the policy and its objectives 20% 
Identification of any unintended side-effects produced by the policy. 5%  Reconstruction of the policy – How you would modify the policy to correct the controversy – discussion and proposed textual changes to the policy 40%  The impact of the current policy on shipping companies to date and how your proposed changes would improve the situation 15%. SHIPWRECKING AND RECYCLING POLICY Ship Recycling is a very innovative concept where everything used onboard a ship will be reused after its life span. It is also known as Green Industrial concept towards energy and resources conservation.
Based on this concept, there introduced “Green Passport” theory for ships. What is Ship Recycling: Ships usually has average life span of 30 years. This required scrapping of ships and availability of so called ship’s graveyards which can earn some revenue to the ship owners due to recycling of ships as a property. This implies to safe dismantling of ships for reusing its steel, machinery, equipments after end of its life span for other various industrial uses such as steel industry, engines, furniture’s etc which supports local industrial growth, employment, revenue and sectional economy.
Around 70% of the scrap yard facilities are located in South Asia which includes Bangladesh, India, China and Pakistan. The availability of relaxation in environmental laws, good scrap yard business environment, developing economy and abundance of labor force was the reason of natural choice of growing business in these regions. CONCERN Environmental, health and safety standards in this industry especially method of beaching etc used during ships recycling process.
It has been found that the ship recycling is imposing great threat to environment due to presence f hazardous materials onboard the ship which cannot be recycled efficiently in these ship recycling yards and handled unsafely. This is causing potential damage to the environment and health of workers involved in this industry. The presence of hazardous material like asbestos, metal parts, hydrocarbons, CUFF, toxic chemicals, sludge, oil spills and toxic gases is prudent in these yards during ship recycling without any hazardous waste management plan and knowledge.
There has been observed lack of decontamination prior arrival of ships and later safe waste disposal. Often environment and human are exposed to these on recycled wastes. Also work related injuries are raised during whole lengthy dismantling process and it has been considered as a dumping ground of waste. As per ILL, working at ship recycling yards is considered most dangerous. INTRODUCTION TO CONVENTION FOR SHIP RECYCLING, HONKING CONVENTION (HECK 2009) The issue of ship recycling was on international agenda for many years.
First convention which dealt with Control of Turnaround’s and Movement of Hazardous Waste & their disposal was BASEL Convention, 1989. Later IMO was invited to develop a “new legally binding instrument on ship’s recycling”. In view of above concerns with regard to recycling of ships, development of Honking Convention for the safe and environment friendly recycling of ships was adopted in 2009 at Honking. Main purpose of this convention is safe recycling/Scrapping of ships which should minimize any risk to environment, human life and to lay guidelines through the convention to develop safe working environment in these ship breaking yards.
This convention primarily includes; 1 . Environmental friendly design and construction of ships and its equipments at shipbuilding yards. 2. Environmental friendly operation of ships recycling awards. 3. Safety standards with regard to safe handling of hazardous material at recycling facilities. 4. Legal certification and reporting requirements. The convention requires all ships to prepare ship specific hazardous material inventory since shipbuilding yard and during lifespan after any new installations. The list of Hazardous materials is also identified via this convention and included in appendix of this convention.
Further, this convention also requires throughout survey procedure to identify hazardous materials used on ships as; 1 . Initial survey at shipbuilding itself; 2. Periodical surveys, . Final survey prior recycling. Under this convention, a ship recycling plan shall be prepared by the yard which should be ship’s specific and that should identify all the pollution hazards, unsafe conditions, Hazardous material inventory and strategy to safe recycling of ships without causing harm to nature and health.
All the parties involved shall be comply with this convention and shall take all necessary measures required by this convention. Technical assistance guidelines under resolution MOPE. 197 (62), MOPE. 196 (62), MOPE. 210 (63) & MOPE. 211 (63) were developed and adopted to assist member countries for effective and efficient implementation of convention. The convention also issues guidelines for surveying, certification and inspection which were developed by resolution MOPE. 222 (64) & MOPE. 223 (64) in 2012 which shows serious measures towards implementation of this convention by IMO.
For this, the instrument adopted by IMO member states shall be ratified by at least 15 states representing 40% of the world Gross Tonnage (GET) to come into force. Also, combined maximum annual ship recycling volume proceeding last 10 years constitutes not less than 3% of Gross Tonnage (GET) of combined fleet of same fleet. There are approximately 1 670 ships need to be recycled each year (Data by IIS Fairly). Mainly 5 countries Bangladesh, India, Pakistan, China & Turkey recycled around 98% of the world’s tonnage. In reference list Recycling of Ships http://Wynn. MO. Org/Rework/Environment/Specifying/Pages/Default. Asps [Accessed on 20 Novo 2014] http://WV. Basel. Into/lamentation /Shipbuilding/Overview/tibia/2762/Default. Spectacled on 20 Novo 2014] FOLLOWING INCLUSIONS HAS RAISED CONTROVERSY: 1 . All flags are flying the flag of the party to the convention, will have to be recycled in recycling facility of the party state as per HECK 2009. . Is recycling means End user? This convention does not cover legislation with regard to final recycling of hazardous material And tracking.
There is process of recycling of ship which subsequently transfers the material to the next available user. There will never be tracking of end user using the material and thus always pose threat of unsafe recycling at the end user of these hazardous materials. 3. HECK does not prohibit Beaching of ships (conventional way for ship’s recycling). 4. HECK does not mandate pre-cleaning. Pre-cleaning makes a ship newsworthy and this will prohibit ship to transfer room one place to another and towing a ship for recycling is not a practicable option. 5.
Recycling states can prohibit its facility from receiving Hazardous material and thus greatly affecting recycling business. 6. This convention does not apply to warships and government owned non-commercial ships and all ships less than 500 GET. The war ships and other categorized ships also pose threat to the environment and to the safety at recycling facilities, although some countries like India include war ships and other ships under national recycling legislation and does not permit oil tankers without gas free certificate for hot ark. 7. Popularization of recycling prices.
Conventional facility will recycle conventional ships and non-conventional facility will recycle non-conventional ships. This does not totally restrict the recycling at non-member states and may result in ineffective convention. This will be having adverse affects like fluctuation and non-uniformity in recycling prices. Also there would not be enough recycling facilities if South Asian countries do not ratify the convention. This will further result in changing of ship’s flag before recycling and will be used as a great tool against this convention.
Registration of ships at member states will definitely reduce making this regulation counterproductive since ship owners will look for non-member registry as was in the case of Flag of Convenience. If this convention is not ratified by major ship recycling countries, scope of this legislation will restrict to the EX. member countries which only represents less than 10% of vessels sent for breaking. “This regulation may end up applying to very few ships only” as commented by Waters, J. (secretary General of the FEB.).
Presently strong lobby at South Asia is opposing the convention. RECONSTRUCTION OF POLICY Ratification by any two major recycling capacity countries is sufficient for this convention to come into force. Hence taking South Asian countries onboard shall be proportioning. Following need to be reconstructed in policy; 1. Off the Beach 2. Pre-cleaning of ships before its trans-boundary movement 3. Complied waste disposal facilities. 4. Compliant listed yards. 5. Formalization of work force involved. 6.
Financial incentive for proper ship recycling is legally feasible, enforceable, and necessary. 7. The organization recently launched its data- driven website which lists shipping companies that have commercially benefited room selling their end-of-life vessels for breaking on the beaches of India, Bangladesh and Pakistan. 8. The aim of the campaign is to forge partnerships with industry leaders – recycling, shipping, cargo owners, etc. – to promote clean and safe ship recycling and to avoid business dealings with companies that continue to opt for beach breaking operations. . The convention shall deal with the end user waste management with incorporation and guidelines for different technically advanced waste disposal method such as biological waste treatment or thermal treatment of waste and so on. According to a statement by the Nags, the ship recycling regulation exempts ships from the European Waste Shipment Regulation, which is intended to protect developing countries from the dumping of hazardous wastes, and incorporates the United Nations Basel Convention and its Basel Ban Amendment.
The organizations warned that there are clear and compelling legal opinions proving that this unilateral exemption of ships is a breach of the European Union’s legal obligations to uphold the Basel Convention and its Basel Ban Amendment. Independent environmental law specialists, Ludwig KERR?MERE were also said to have warned of the illegality of the new regulation, as were the European Council Legal Services. “Not only do the EH institutions create a legal dilemma for themselves, but also for all of the 27 European Member States that are Parties to the Basel Convention.