Maersk is introducing contractual steps to
ensure that its sales contracts include a strong financial incentive for ship
recycling to be carried out responsibly.
In the wave of discussions on Maersk entering
the ship recycling sector in Alang, Maersk has faced criticism for its handling
of two independent cases related to ship recycling. One related to the FPSO
North Sea Producer that was sent by its new owner to a ship recycling yard in
Bangladesh, despite Maersk stipulating in the contract that the production
unit, at the end of its lifetime, was to be recycled according to the Hong Kong
Convention.
The other case relates to 14 chartered-in
Starflotte ships whose contracts Maersk wanted to end ahead of time in 2014. In
the final agreement with the owner, Maersk incentivised recycling at the best
price, which effectively means recycling at sub-standard yards, which is what
the owner chose to do when the vessels were returned.
In the latter case, Maersk has publicly
acknowledged, and regrets that it indirectly incentivised the owner to recycle
at sub-standard yards.
Group response
As outlined by the Head of the Sustainability
Council, Claus V. Hemmingsen, the Group has responded to these cases by
tightening its procedures:
"We have actively participated in, and
worked directly with the yards in Alang, India, to improve conditions there and
to influence the industry as a whole. Therefore, it is regrettable that in
spite of these initiatives there are examples of how we have pushed in the
opposite direction of our own policy. In the future, we will ensure that our
sales contracts contain a very strong incentive for ship recycling to be
carried out responsibly,” says Claus V. Hemmingsen.
Minimising the financial
incentive
In 2009, the Group introduced a responsible
recycling policy and expressed its support for the Hong Kong Convention.
Procedures were further tightened in September 2016, in order to minimise the
financial incentive for buyers to recycle irresponsibly.
The new contract terms are based on the value
of the vessel at the time of sale. If the value is low (less than 25% of the
highest recycling price), Maersk will not divest but will recycle the vessel
according to its standards.
If the value is higher (25-40% above the
highest recycling price), the new owner will be required to operate the vessel
for a further two years or to recycle in accordance with Maersk's standards.
When the vessel has been operating on behalf of others beyond a period of 24
months, Maersk can no longer take on this extended responsibility.
If the value is high (more than 40% above the
highest recycling price), the vessel can be resold without restrictions, as
there is no financial incentive for the buyer to recycle, at this point in
time.
“With these adjustments, Maersk expands the
responsibilities that the Group takes to ensure responsible ship recycling. The
tightened policy further clarifies the fact that Maersk will not enter into
contractual agreements that encourage the new owner to find the highest price
for steel in the future,” says Claus V. Hemmingsen and underlines:
“We stand by our commitment and intention to
continue working with and developing the facilities at the Alang yards just as
we continue to support global initiatives to ensure equal international
requirements and conditions. Only global regulation will ensure a definitive
stop to the critical conditions that we see today.”
Facts on cases
North Sea Producer
The FPSO North Sea Producer operated in the
UK North Sea from 1997–2015 and was owned by the North Sea Production Company
Limited (NSPC), an independent British company owned 50/50 by Maersk and
Odebrecht, a Brazilian company.
Following contract termination, the North Sea
Producer was sold and transferred to a buyer in April 2016 on an "as is,
where is" basis, whereby the buyer took over operational and legal
responsibility for the unit.
In August 2016, Maersk was made aware of the
fact that the North Sea Producer had been sent to a recycling yard in
Bangladesh, where conditions do not meet the requirements of the Hong Kong
Convention. Maersk had contractually bound the buyer to the Hong Kong
Convention but the buyer chose to violate the contract.
An internal legal study has concluded that
neither Maersk nor NSPC can prevent the recycling from taking place or impose a
financial legal claim against the buyer.
The Maersk Group has subsequently broken all
commercial relations with the buyer.
Starflotte
In 2005, Maersk Line acquired P&O
Nedlloyd and with this company, a chartering agreement relating to 14 container
ships, called Starflotte.
Maersk Line later estimated that the ships
did not meet its requirements for the remaining contract period and negotiated
an agreement with the owners regarding the termination of the rental agreement
and recycling of the ships, in return for compensation.
The steel price the owner could obtain for
recycling the vessels was included in the calculation of the commercial
transactions between Maersk Line and the ships’ owner at the termination of the
agreement.
The vessels were subsequently recycled at
sub-standard yards when their contracts ended in 2013.
Source: Maersk. 23 November 2016