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The process of recycling ships and their components and parts requires careful adherence to legal instruments and regulations. In this expert advice article, we explore the key legal instruments governing ship recycling and discuss the challenges posed by the current regulatory landscape.
The mandatory Energy Efficiency Design Index (EEDI) for new ships and the Ship Energy Efficiency Management Plan (SEEMP) for all ships are effective regulations for CO2 emissions and provide, in BIMCO’s view, tangible contributions to the global efforts to combat climate change.
The USCG Ballast Water Management regulations entered into force in June 2012 and is now close to being fully implemented so any ship calling US ports have to be in compliance with the relevant regulations and requirements. It should also be noted that a number of US individual States have implemented their own requirements beyond the USCG regulations so liaison with a local agent is recommended.
The International Convention for the Control and Management of Ships' Ballast Water and Sediments (BWM Convention ) enters into force 8 September 2017 and preparation time is running out!
Providing information on ship sanitation control exemption /ship sanitation control certificate under the International Health Regulations, 2005.
BIMCO is adapting the currently used SHIPMAN 2009 agreement for use with autonomous ships, but the lack of actual autonomous ships currently in operation will mean ongoing adjustments as the industry forges ahead with its pioneering projects. Publication of the first version is expected in 2021.
BIMCO's position has been approved by the BIMCO Board of Directors.
BIMCO and Fathom have published an updated 2016 edition of their practical, step-by-step guidance publication that helps shipowners understand ballast water management requirements.
The commercial and legal issues involved in selling ships for recycling are complex and far-reaching. The main concern is the safety of workers and the protection of the environment when ships are recycled, as well as ensuring that proper procedures are followed regarding worker rights and the further downstream management of hazardous and other wastes. The IMO Hong Kong Convention, which will enter into force in June 2025, and its accompanying guidelines, as well as the Basel Technical Guidelines on ship recycling, aim to ensure that ships are recycled in a safe and environmentally friendly manner. The HKC also requires that contracts between ship owners and recycling yards are in place before any recycling work is undertaken. Furthermore, certain legal requirements must be met in order for ships to be recycled, such as obtaining the necessary certificates and permits. Finally, the recycling process must be conducted in a manner that complies with international standards and conventions. Shipowners with ships flying the flag of an EU Member State face additional challenges of recycling those vessels in a manner that complies with regional legal requirements and environmental standards. This recycling can only occur at approved recycling facilities included in the EU list, leaving the shipowners with limited recycling options. As a result, those shipowners are facing additional difficulties, such as a ban on going to facilities in no-OECD States, even if any would be on the EU list, depending on the location of the ship when it becomes end of life. In an industry operating continuously at the global level, this creates major legal uncertainties and a serious distortion of competition between ships flying the flag of an EU Member State and other ships. Watch the BIMCO movie: “Ship recycling: Time for Change” https://www.bimco.org/trending-topics/recycling
