ToxicsWatch Alliance
Press Release -
GMB, Customs Admit that Inability to Verify Fake Documents of Ship Owners*
TWA Demands that documents of Dead Ships Currently on Alang Beach
*Its Official, Supreme Court’s Order on Shipbreaking Violated*
New Delhi, 2/6/2011: In an Office Memorandum No.29-3/2009-HSMD, Government of India, Ministry of Environment & Forests, (HSM Division) dated 9th May, 2011 relating to implementation of Supreme Court directions in respect of shipbreaking activities, it has been admitted that the issue regarding the submission of fake certificates by the ship owners/agents remains unresolved. The Memorandum is attached.
Consequently, the identity of ship owners like those of Gulf Jash, an end-of-life European vessel remains hidden behind corporate veils. In the matter of toxic US ship Platinum II (Ex-SS Independence, MV Oceanic), ToxicsWatch Alliance (TWA) had provided documentary evidence of fake documents to the Environment Ministry which was referred to the Ministry of Steel. It wrote a letter to Shri S. Machendranathan Chiarman, Inter-Ministerial Committee (IMC) on shipbreaking (constituted by Supreme Court’s 14th October, 2003 order) drawing his attention to non-compliance with the Court’s order and the issue of the hazardous and dead European vessel on 1st June, 2011 (the letter is given below). The copies of the letter have been sent to the Union Ministers of Environment and Shipping and other senior officials.
It has come to light from the Office Memorandum dated May 2011 that Ministry of Environment & Forests (MoEF)’s Standing Monitoring Committee (SMC) on Shipbreaking has suggested that since Gujarat Maritime Board (GMB) and Customs were not able to verify the authenticity/genuineness of ship’s registry/flag in the fast in respect of some ships referred to them, this task in respect of each ship may be referred to the Directorate General Shipping, Ministry of Shipping ought to undertake such verification henceforth. The GMB officials informed MoEF that “the suggestion of the committee is acceptable to them subject to such verification by DG Shipping is done within a period of 2 working days. If no information is received from the DG Shipping within 2 working days, it will be presumed that the certificate submitted is authentic and genuine.” TWA disapproves of such presumption of genuineness of fabricated documents. It demands that documents of some 120 dead ships currently on Alang Beach , Bhavnagar , Gujarat must be investigated.
The Committee observed that “at present there is no single point access to the yards and therefore, hazardous waste is being illegally dumped at various places. It was suggested to have a single point access to the yards in order stop such illegal dumping activity.”
It has come to light from the report of the site visit of the committee that they visited the existing Hazardous Waste Treatment, Storage & Disposal Facility (TSDF) site and it was observed that the existing cell is almost full. TWA has confirmed it from the sources in the ship breaking industry that the TSDF is full. The report of the site visit by SMC is attached.
Before it was filled up Gujarat Enviro Protection and Infrastructure Ltd (GEPIL), Alang Unit has been operating and maintaining Common Hazardous waste TSDF on behalf of GMB, since October’ 2005.The site was constructed and developed by GMB. GEPIL was awarded this TSDF for Operation and Maintenance through competitive Bidding Process in September’ 2005. Its total Notified Area is 7 hectares. The site is situated at Alang Shipbreaking yard. It is designed to collect, transport, Receipt, Store, treat and dispose off wide range of hazardous waste. GEPIL (Alang Unit) is also associated with Sweeping, collection, transportation, treatment and disposal of Municipal wastes generated during the ship breaking activities. GEPIL (Unit Alang) has been providing its services to more than 80 industries of region. The facility receives wastes from Shipbreaking and Ship recycling industrial sectors. In its myopia GMB has suggested that “they may raise the height of the embankment of the cell and compress the existing material to enhance its capacity within designed parameters. This work needs to be taken up on urgent basis to ensure that this facility is available to shipbreakers at the existing site at least for another one year.”
TWA disapproves of creation such facilities for hazardous wastes that originated in developed countries. The million dollar question is that even if this is done what happens after one year and the year thereafter. Will Bhavnagar
Given the emergency situation that has emerged for the GMB, the SMC informed to the stakeholders that without the TSDF facility the shipbreaking activities should not be allowed by the GPCB as per the Supreme Court directions. It is evident to TWA that the shipbreaking activity that is currently in operation is happening in the absence of TSDF, thus, in clear violation of the Court’s directions.
SMC has recommended that “shipbreaking yard shall not commence breaking of the ship till such time proper decontamination certificate is issued by GPCB after thorough inspection.” This recommendation does not take cognizance of Hon'ble Court's order that reads, "(16) At the international level, India should participate in international meetings on shipbreaking at the level of the International Maritime Organisation and the Basel Convention's Technical Working Group with a clear mandate for the decontamination of ships of their hazardous sub-stances such as asbestos, waste oil, gas and PCBs, prior to export to India for breaking." One of the fourteen Terms of Reference on which the High Powered Committee was to give its report and recommendations "Decontamination of ships before they are exported to India
SMC has suggested that monitoring of asbestos in ambient air at shipbreaking yards on Alang beach “shall be commissioned by GMB for carrying out the same by a reputed institute like NIOH, as a one time study.” TWA has been demanding that asbestos cannot be handled safely or in a controlled manner.
Therefore, International Labour Organisation’s resolution of June 2006 and World Health Organisation’s resolution of 2005 seek elimination of future use of asbestos. Indian workers in general and migrant workers of Alang should not be made to handle asbestos under any situation.
TWA demands that Gujarat Pollution Board (GPCB) should make the study for sea water and sediment analysis public so that the extent of pollution at Alang beach can be comprehended.
Standing Monitoring Committee (SMC) on Shipbreaking comprises of (1) Dr. M. Subba Rao, Director, MoEF, (2) Shri B. R. Naidu, Scientist-D and Zonal Officer, CPCB, Vadodara (3) Shri B. D. Ghosh, Addl. Industrial Adviser, Ministry of Steel, (4) Capt. J. S. Uppal, Principal Officer, Mercantile Marine Department, DG Shipping, (5) Dr. S. R. Tripathi, Asstt. Director, NIOH, and (6) Dr. R. R. Tiwari, Scientist-C, NIOH. SMC visited the Shipbreaking Yards on Alang beach on 24th January, 2011.
TWA demands that the funds collected by GMB and Steel Ministry’s Ferrous
Scrap Committee (FSC) must be used for remediation and decontamination of Alang beach and for workers and villagers’ environmental and occupational health rights.
---------- Forwarded message ----------
From: Gopal Krishna <krishnagr...@gmail.com>
Date: Wed, Jun 1, 2011 at 7:23 PM
To: asfast...@nic.in
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To
Shri S. Machendranathan
Chiarman
Inter-Ministerial Committee (IMC) on shipbreaking
Union Ministry of Steel
Government of India
Subject-Non-compliance of Supreme Court Order on Shipbreaking
Sir,
With reference to news reports in The Times of India and Hindustan Times dated 1st June, 2011 in the matter of European toxic ship Gulf Jash (ex-Probo Koala), the letter dated 9th may, 2011 sent to your ministry by Hazardous Substances Management Division, Ministry of Environment & Forests and pursuant to my earlier letters to IMC on shipbreaking, I wish to draw your attention towards the formation of a Standing Monitoring committee on Shipbreaking by the Environment Ministry to monitor/review compliance to the recommendations of the Committee of Technical Experts (CTE) and the Hon’ble Supreme Court directions dated 6.9.2007 on ship breaking activities in the country.
It appears that Standing Monitoring Committee on Shipbreaking is duplicating the work being done by Hon'ble Supreme Court constituted Inter-Ministerial Committee (IMC) on shipbreaking by it order dated 14th October, 2003. While I appreciate that IMC has ensured that the minutes of its meeting are uploaded on Steel Ministry's website, I am quite eager read the minutes of the last meeting of IMC that was held in early 2011 as I wish to make submission prior to the next meeting of IMC on 8th July, 2011. I must submit that since its formation till date IMC has not submitted its Action Taken Report to the Hon'ble Court
I have also learnt that the Standing Monitoring Committee visited Alang Shipbreaking Yards on 24th January, 2011 and held meetings to review the present status of compliance to the recommendations of the CTE and the directions of the Hon’ble Supreme Court.
I am attaching the letter dated 9th may, 2011 and the Standing Monitoring Committee's site visit report for your perusal and consideration. From the report of the Standing Monitoring Committee on Shipbreaking, it is clear that Hon'ble Court
I wish to draw your attention towards one very core aspect of the Hon'ble Court's order that reads, "(16) At the international level, India should participate in international meetings on shipbreaking at the level of the International Maritime Organisation and the Basel Convention's Technical Working Group with a clear mandate for the decontamination of ships of their hazardous sub-stances such as asbestos, waste oil, gas and PCBs, prior to export to India for breaking." One of the fourteen Terms of Reference on which the High Powered Committee was to give its report and recommendations "Decontamination of ships before they are exported to India
I submit that IMC should seek compliance with Hon'ble Supreme Court’s order that endorsed UN’s Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal from the Ministries of Environment & Forests, Shipping and Steel and Gujarat Maritime Board.
In the specific case of 182 meter long hazardous vessel Gulf Panama Indian Ocean . It last port was Abu Dhabi
I wish to inform that TWA has learnt from officials in Alang that Indian Coast Guards and Indian Navy would be the first to know about its possible entry in Indian waters.
It is apprehended that Global Marketing Systems (GMS), a US US based Cash-Buyer, GMS is trying to deviate the vessel towards Alang beach, India or Gadani beach, Pakistan US
I submit that prior to this In July 2010, Trafigura, an Amsterdam, Netherlands based transnational company founded in 1993 was found guilty of illegal export of waste from an EU country to states in Africa, Carribean and Pacific. It attempted to deliver goods from onboard the Gulf Jash (ex-Probo Koala) to the Amsterdam Abidjan , the largest city of the Ivory Coast
Its registered owner in 2006 was "Celtic Legend Shipping Inc." of Norway Athens , Greece Trafigura Beheer BV Abidjan Abidjan Amstelveen , NL and controlled from Trafigura's Lucerne , Switzerland Abidjan , Cote d'Ivoire Amsterdam
As you are aware that it is a matter if fact that “The multiplicity of private structures intervening in trade and maritime transport (flag, owner, ship owner, charterer, manager, consignee, emptier, etc) and the vagueness presiding voluntarily or involuntarily in the allocation of roles and responsibilities meant that a huge amount of time was wasted in investigations. Nowadays, maritime activity is increasingly an activity where opacity in actions remains significant, in particular in the high seas, outside the territorial waters of each State.” (Report of Committee on Toxic Waste in Abidjan , Ivory Coast
It is noteworthy that Dutch authorities had allowed the ship to sail unimpeded. Under the Basel Convention the responsibility for the dumping of wastes should be tied to the generator of the hazardous wastes; the exporter of the wastes (charterer Trafigura) or to the country of export. Under EU law, exports of hazardous wastes from the EU to non-OECD countries are strictly prohibited.
I submit that European Commission must engage the European Union law enforcement organisation EUROPOL to coordinate member states' activities in order to prevent the ship, its captain, owners and operators escaping prosecution. EUROPOL is the European Law Enforcement Organisation which exists to improve the effectiveness and co-operation of the competent authorities in the Member States in preventing and combating terrorism and other serious forms of international organised crime. This vessel must be denied entry. European Commission must recall this vessel to Europe in compliance with the October 2006 European Parliament Resolution.
I submit that Indian environmental borders have been compromised with enormous amounts of hazardous wastes and ships waste moving inside our borders to exploit cost externalization possibilities and in the process exploit fragile coastal environment of Alang beach in Bhavnagar , Gujarat .
I wish to draw your attention towards the hazardous wastes/shipbreaking matter that came up for hearing in the Supreme Court on May 25, 2011. The vacation bench of Justice G S Singhvi and Justice Chandramauli Kr Prasad observed, "Why don't they break these ships in their own countries," Justice Singhvi asked, adding "If there is a threat to environment, then this court will intervene". These observations of the bench are quite welcome.
I submit that TWA will apprise the court and pray for its intervention if the Ministries of Environment & Forests, Shipping and Steel do not stop the entry of this end-of life vessel laden with hazardous wastes and toxic materials. The next date of hearing in the Supreme Court is on 5th July, 2011.
I submit that any vessel that has been rejected by a neighbouring country must be rejected in India Bangladesh
The Convention was initiated in response to numerous international scandals regarding hazardous waste trafficking that began to occur in the late 1980s. The Convention entered into force on 5 May 1992 with its Secretariat in Geneva , Switzerland
TWA has been warning concerned authorities to abandon the Free Trade Agreements (FTAs) with countries like EU and Japan who have been promoting hazardous wastes trade along with countries such as US, Germany , and the UK
The Basel Ban amendment effectively banned as of 1 January 1998, all forms of hazardous waste exports from the 29 wealthiest most industrialized countries of the (OECD to all non-OECD countries. In order for the Ban amendment to enter the force of law it will need to be ratified by 62 of the Basel Parties. The Basel Ban has been ratified by 70 countries (Parties to the Convention). For entry into force of the Ban Amendment, only the official deposits equaling 63 of the 62 are needed (representing 3/4ths of the 82 Parties present at COP3). India must ratify it to safe guard its environment for the sake of intergeneration equity instead of pursuing the path of FTAs with countries EU and Japan
In such a backdrop, Supreme Court’s observations of May 2011 are reminiscent of what the head of the Indian delegation, said at the first Conference of the Parties (COP 1) to the Basel Convention in 1992, in Uruguay India
I submit that in the 58 page Draft Code on Regulations for Safe and Environmentally Sound Ship Recycling, having studied the Draft it is matter of relief that Ministry of Steel is making sincere efforts to comply with the Supreme Court order of 14th October, 2003 and 6th September 2007 to protect the fragile coastal environment of Alang Beach. In Chapter 3 of the Code at Section 3.1.2 there is mention of "dry dock" method for ship recycling among others. And in Chapter 6 of the Code at Section 6.6.1 (a) there is reference to Coastal Regulation Zone-1991 which has decreed the following regulation on 19th February 1991 under the reference Coastal Regulation Zone (CRZ) Notification, “For regulating development activities, the coastal stretches within 500 metres of the high tide line of the landward side are classified into 4 categories. Paragraph 2 of the Notification lists out the 'Prohibited activities and exceptions' The activities declared as prohibited within the CRZ, namely, Para 2 (ii) states, " manufacture, handling, storage or disposal of hazardous substances as specified in the 'Notifications of the Government of India in the Ministry of Environment and Forests' No. S.O. 594 (E) dated 28th July 1989, S.O. 996 (E) dated 27th November 1989 and G.S.R. 1037 (E) dated 5th December 1989. Para 2 (v) states, “discharge of untreated wastes and effluents from industries, cities towns and other human settlements." It is clearly that there is a case for revisiting the conditional environmental clearance given to the shipbreaking industrial activity on Alang beach, which is attracting vessels like Gulf Jash (ex-Probo Koala).
In view of the above, I submit that besides stopping the entry of this end-of-life hazardous vessel in Indian waters, it would be apt for the Indian authorities to verify the documents of some 120 ships which are currently on the Alang beach and forewarn the Pakistani authorities about the harmful ramifications of allowing such a ship in their territory well.
I will be glad share more information.
Thanking You
Yours faithfully
Gopal Krishna ,
Convener
ToxicsWatch Alliance
Mb: 9818089660
E-mail: toxicswatchallia...@gmail.com; Blog: imowatch.blogspot.com
Web: www.toxicswatch.com
Cc/
Union Minister of Environment & Forests
Union Minister of Shipping
Secretary, Ministry of Environment & Forests
Secretary, Ministry of Shipping
Additional Secretary, Ministry of Environment & Forests (HSMD)
Joint Secretary, Ministry of Environment & Forests (HSMD)
Joint Secretary, Ministry of Steel
Dr Saroj, Director, Ministry of Environment & Forests
Members of Standing Monitoring Committee on Shipbreaking
Dr Claude Alvares, Member, Supreme Court's Monitoring Committee (SCMC) on Hazardous Wastes
Source: Greenyouth. Thursday, 02 June 2011
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