9.4 Role of the recycling State

  9.4.1.1 The role of the recycling State is to enforce international obligations and national legislation in respect of worker safety, health and welfare, and the protection of the environment in the ship recycling industry, in particular, with respect to hazardous and other wastes handled at a recycling facility.

  9.4.1.2 The recycling State should introduce national regulations in relation to the condition of ships purchased for recycling, both at the time of purchase and at the time of delivery. In effect, the recycling State should lay down any conditions it considers necessary prior to finalization of the contract.

  9.4.1.3 The Green Passport, including its inventory of potentially hazardous materials, which should be delivered to the recycling facility by the last owner of the ship, gives information which might be demanded by the recycling State as to the materials on the ship. The recycling State should ensure that recycling facilities can safely and legally manage any potentially hazardous wastes which might be generated during the recycling operation prior to finalization of the contract.

  9.4.1.4 After the ship has been accepted, the recycling State is responsible for monitoring the safe handling of any hazardous materials generated during the recycling process.

  9.4.1.5 Competent authorities in recycling States should assess the capabilities of their recycling facilities and make available the results of those assessments.

  9.4.2.1 MARPOL 73/78 provisions require the Government of each Party to ensure the provision of adequate port reception facilities without causing undue delay. For example, regulation 12(1) of Annex I to MARPOL 73/78 requires Governments to provide reception facilities “at oil loading terminals, repair ports, and in other ports in which ships have oily residues to discharge” which are “adequate to meet the needs of the ships using them”. Regulation 12(2)(c) extends this to “all ports having ship repair yards or tank cleaning facilities”.

  9.4.2.2 Regulation 17(1)(c) of Annex VI of MARPOL 73/78 requires the Government of each Party to the Protocol of 1997 to ensure the provision of port reception facilities adequate to meet the needs in ship recycling facilities for the reception of ozone-depleting substances and equipment containing such substances when removed from ships.

  9.4.2.3 While only Annex VI of MARPOL 73/78 requires explicitly the provision of reception facilities at recycling facilities, Governments of recycling States should ensure that, in authorizing a recycling activity, adequate reception facilities are in place.

  9.4.2.4 The IMO Manual for Port Reception Facilities provides detailed guidance to manage ship-generated wastes. The Technical Guidelines for the Environmentally Sound Management of the Full and Partial Dismantling of Ships, adopted by the Conference of the Parties to the Basel Convention, also provides guidance.

  9.4.3.1 Recycling States should, in their national legislation, lay down the conditions under which ships may be accepted into their State for recycling and, equally, define and enforce appropriate worker health and safety requirements.

  9.4.3.2 Recycling States should introduce and enforce legislation which requires that all ships being recycled have a gas-free certificate or hot work safe certification as applicable, issued by a relevant and appropriate body, for enclosed spaces on board ship.

  9.4.3.3 Recycling States should also promote that those acting on behalf of recycling facilities in purchasing ships for recycling utilize a standard ship recycling contract, such as DEMOLISHCON, the BIMCO standard contract document, in order to ensure that full account is taken of all relevant environmental, health and safety considerations included in these Guidelines.

  9.4.3.4 Recycling States should require recycling facilities to verify the Green Passport of every ship prior to finalization of the contract to ensure that any potentially hazardous materials identified as being on board the ship can be safely and legally managed in an environmentally sound manner. The verification process should specify that the actual condition of the ship is consistent with these and other relevant international guidelines, and that national requirements are fulfilled. The recycling facility is responsible for the proper management of any materials declared in the Green Passport, covered by the Recycling Plan or generated during the recycling operation.

  9.4.4.1 The recycling State should introduce, implement, and enforce sound legislation and other requirements concerning the recycling of ships, including measures to authorize or license recycling facilities. To this end, recycling States should examine and, where necessary, adopt national legislation or requirements, any applicable internationally developed conventions, recommendations and guidelines relevant to the ship recycling industry such as these Guidelines and those produced by the International Labour Organization (ILO) and under the Basel Convention.

  9.4.4.2 Those Authorities with responsibilities for recycling facilities should ensure that the handling and disposal of asbestos, oils and other hazardous substances, whether prior to the ship's arrival at the recycling facility, or subsequently, have been conducted in an acceptable manner.

  9.4.4.3 The recycling facility should seek appropriate guidance from the recycling State on relevant legislation and standards. This may assist the facility in determining whether to conclude any contract. The facilities themselves are responsible for handling the ship and ensuring that the recycling operation is in compliance with national legislation and other national requirements.