Section 1 Legislative background

1.1 IMO Hong Kong Convention

1.1.1 The Hong Kong International Convention For The Safe And Environmentally Sound Recycling of Ships, 2009 (HKC) was adopted in 2009, but at the time of publication of this Guidance Note it is yet to enter into force.

1.1.2 One of the key requirements of the HKC will be for ships over 500 GT, operating in international waters, to maintain an IHM. Only warships, naval auxiliary and governmental non-commercial vessels are exempt from the requirements of the HKC. The IHM has three parts:

Part I – hazardous materials inherent in the ship’s structure and fitted equipment;
Part II – operationally generated wastes;
Part III – stores.

1.1.3 Once the convention has entered into force, each new ship shall have on board an IHM Part I. Existing ships will also need to compile IHM Part I. Once compiled, IHM Part I is to be maintained during the ship’s operational life.

1.1.4 IHM Parts II and III are only completed once a decision to recycle the ship has been taken.

1.1.5 IMO’s 2015 Guidelines for the Development of the Inventory of Hazardous Materials (Resolution MEPC.269(68) – 2015 Guidelines for the Development of the Inventory of Hazardous Materials) provides recommendations for the development of the IHM.

1.1.6 Throughout this Guidance Note any reference to the IHM refers to Part I only.

1.2 EU Ship Recycling Regulation

1.2.1 The Regulation (EU) no 1257/2013 of the European Parliament and of the Council of 20 November 2013 on ship recycling (EU SRR) is a regional regulation which entered into force in 2013, but with no immediate application for ships.

1.2.2 The requirements of the EU SRR state:

By the date of general application EU-flagged new ships will need an IHM in the build contract. (Note this date will be no later than 31/12/2018).
By 31 December 2020 EU-flagged existing ships will need to maintain a certified IHM on board.
By 31 December 2020 non-EU flagged existing ships calling at a port or anchorage of an EU member state must have on board an IHM with a valid Statement of Compliance.

1.2.3 The requirements for the IHM are aligned with the HKC. However, two additional hazards are required to be identified for an IHM which is compliant with the EU SRR: perfluorooctane sulfonic acid (PFOS) and hexabromocyclododecane (HBCDD). See Ch 3 Guidance on the IHM of this document for further information on hazards.

1.2.4 In addition to the EU SRR text, the European Maritime Safety Agency (EMSA) has published the following documents:

Best Practice Guidance on the Inventory of Hazardous Materials (28 October 2016), which is ‘non-binding’ and ‘non-mandatory’;
Study of two hazardous substances (PFOS and HBCDD) included in the annexes of regulation (EU) 1257/2013 on ship recycling (13 November 2017).