Honourable Effort to Legislate
Far Outside European Territories Will Be Difficult to Enforce When Profit is
the Motive
WORLDWIDE – EUROPE – Globally,
around one thousand large end-of-life ships are broken up and recycled every
year, particularly during times of overcapacity, as we have seen of late in the
bulk (and to a lesser extent in general cargo and container shipping) markets,
with numerous freight carrying vessels proving of more worth as scrap rather
than lying idle. Most ship breaking takes place in South Asia, often on tidal
beaches and under dangerous conditions as we have highlighted in some detail
previously. Whilst the industry provides thousands of jobs for migrant workers,
a lack of environmental protection and safety measures leads to high accident
rates, health risks and extensive pollution of coastal areas. In an effort to
reduce these negative impacts on EU-registered shipping, the European
Parliament has backed plans to end the scrapping of old ships flagged in an EU
member country, on third-country beaches and ensure they are recycled in
EU-approved facilities worldwide instead.
Non-EU ships will also be covered
by the regulation insofar as they will have to carry an inventory of hazardous
materials when calling at EU ports. Enforcement measures, including penalties,
are to be set by member states. In future, EU-registered ships will have to be
dismantled in EU-approved ship recycling facilities which must fulfil specific
requirements, be certified and be regularly inspected. Carl Schlyter
(Greens/EFA, Sweden), who steered the legislation through Parliament, said:
"I want to stress that this
is not an attack against India, Bangladesh or Pakistan - the countries that
currently practice beaching - but against the dangerous and highly polluting
practice of beaching itself. This regulation incentivises these countries to
make the necessary investments in proper ship recycling facilities - above all
for the sake of safe and environmentally-sound jobs in their countries."
During the negotiations,
Parliament strengthened the proposed requirements by obliging ship-recycling
businesses to operate in built structures, which must be ‘designed, constructed
and be operated in a safe and environmentally sound manner’. They must hold in
hazardous materials throughout the recycling process and handle them and their
waste only on impermeable floors with effective drainage. Waste quantities will
have to be documented, and their treatment authorised only in waste treatment
or recycling facilities.
The Commission agreed it will
have to report on the feasibility of a financial instrument to facilitate safe
and sound ship recycling and, if appropriate, present a legislative proposal
within 3 years of the entry into force of the regulation. The regulation will
apply to ships at the earliest 2 years and at the latest 5 years after its
entry into force, the eventual date depending upon when the recycling capacity
of facilities on the EU list exceeds a threshold of 2.5 million light
displacement tonnes with the regulation applicable from one year after it
enters into force.
Unfortunately the ship breaking
business is carried out in the most cost effective way possible and it is
doubtful that the EU will be able to control an industry which needs
legislating possibly more than just about any other. It will require the glare of
publicity to ensure that responsible ship owners do not sell off excess tonnage
to the highest bidder with no guarantee that this will not lead to a quick
re-flagging to some third world register before hitting the beach at Alang or
elsewhere in the now time honoured, and unsafe, insanitary and downright
dangerous, tradition.
Source:
handy shipping guide. 26 October 2013
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