Final report - IMPEL-TFS NCP Exchange Days 2011

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3 OUTCOMES 3.1 Experiences Finland The Finnish Environment Institute ‘SYKE’, represented by Ms. Hannele Nikander, presented their experiences with a large and complicated waste ship dismantling case. The case concerned a vessel ‘C-Express’ (’66) that was moored in Vaasa port since 2005 and blocked in 2007 by the authorities in Finland after they had discovered that the ship was destined for dismantling in Pakistan. This dismantling is taking place under very primitive conditions and this transboundary movement is in violation with the European WSR, the Basel Convention and the Hong Kong Convention. After an inventory of hazardous components, the ship was classified as hazardous waste in Annex I and III under the Basel Convention. After several years (and many changes of plans) the ship was renamed ‘Onyx’ and was finally allowed to leave Vaasa port to be used again as ship (and not scrapped) in Dubai. The ship left in November 2009 but was stranded in Brest, France and then the plans were changed again and it seems that the information that was originally provided to the Finnish authorities was incorrect. The destination was changed to a shipyard in Piraeus, Greece and the ship left Brest in February 2010, heading for Gibraltar. Due to bad weather the ship took shelter in Lisbon, Portugal and then the destination was changed again to Limassol, Cyprus. The Onyx continued her journey in March 2010, stopping at Malta for refuelling. However, the ship passed Cyprus, transited the Suez Canal and lowered her anchor in Dubai (port-Rashid) in April 2010 where she was sold and renamed ‘M/S Kaptain Boris’. The new owner sailed the ship to Gadani Beach, Pakistan, where she was beached for scrapping in May 2010. SYKE sent an information request to the competent authority under the Basel Convention of Pakistan in May 2010: 1. SYKE asks the authorities to take the necessary actions for health and environmental protection in case the vessel is in Pakistan; 2. Being aware of the negative effects of dismantling of ships, SYKE would highly appreciate Pakistan being among the countries signing the IMO Hong Kong convention for the safe and environmentally sound management of ships. Unfortunately, there was no answer from the authorities until present. IMPEL-TFS NCP Exchange Days FINAL Report 5/46 28- 29 September 2011 – Berlin, Germany January 2012
In the discussions after the presentation it became clear that most countries with seaports have similar experiences and that they all find it very hard or impossible within their organisations (and a lack of available legal powers) to take appropriate actions. Sometimes the enforcers even feel that the organisations who are at least trying to take action against ship breaking and ‘stick out their head’ are blamed for the whole case in the situation when they can not prevent the illegal shipment. This case illustrates that it is very difficult for competent authorities to prevent and control such a shipment and that authorities have to work together to make a stand against the organisations who intend to ‘beach’ a vessel. The control on a (illegal) waste shipment is as strong as the weakest link. It seems that, due to unclear responsibilities, a lack of communication, the high political risk and extensive cost for disposal and complicated legal situation, authorities are faced with a very difficult task to prevent this type of illegal waste shipments. Unfortunately, authorities are sometimes blaming each other when the problem is shifting from one port (and country) to another even though everybody is facing the same challenge. Countries that indicated to have experience with ship dismantling cases and its difficulties are: the United Kingdom, Portugal, Norway, the Netherlands and Bulgaria. The idea was proposed to prepare a document with a (anonymous) collection of ship dismantling cases to illustrate the situation in practice, to support each other and to help to improve the situation on an (international) level by sharing this document. 3.2 Experiences Serbia Mr. Branislav Galesev of the Serbian Ministry of Environment, Mining and Spatial Planning (MEMSP) represented the Republic of Serbia and explained the waste management regulations and waste shipment enforcement experiences in Serbia. In Serbia, a national Waste Management Law has been implemented and several parts of relevant legal requirements are still to be transposed. As a non EU member state, the European Waste Shipment Regulation is not directly applicable in Serbia. Under the national Law of Waste Management, five separate legal acts are now regulating the transboundary shipments of waste. Following the provisions in the Serbian Law of Waste Management, every import, export and transit of waste requires a permit from the Serbian MEMSP. There is exclusion for waste aluminium and transit of non hazardous waste. IMPEL-TFS NCP Exchange Days FINAL Report 6/46 28- 29 September 2011 – Berlin, Germany January 2012
Page 1 and 2: IMPEL-TFS NCP Exchange Days 28 - 29
Page 3 and 4: Title report: IMPEL-TFS NCP Exchang
Page 5 and 6: CONTENTS IMPEL-TFS NCP Exchange Day
Page 7 and 8: new Chair of the IMPEL Board introd
Page 9: All presentations and relevant docu
Page 13 and 14: of the enforcement actions implemen
Page 15 and 16: The project will commence with a st
Page 17 and 18: The case proved to be a difficult o
Page 19 and 20: During the discussion it became cle
Page 21 and 22: would like to see that other countr
Page 23 and 24: 2. Doing the Right Things WSR (NL)
Page 25 and 26: 5. RECOMMENDATIONS The recommendati
Page 27 and 28: IMPEL-TFS National Contact Points N
Page 29 and 30: Annex II Participants List
Page 31 and 32: 17 Italy Ms. Lucia Mastacchini mast
Page 33 and 34: Discussion Topic 1 DISCUSSION DOCUM
Page 35 and 36: Discussion Topic 2 Topic for discus
Page 37 and 38: • Contaminations in materials abo
Page 39 and 40: waste carriers - Although there may
Page 41 and 42: 1. Should the cluster have a set of
Page 43 and 44: TERMS OF REFERENCE FOR IMPEL PROJEC
Page 45 and 46: IMPEL budget 3.3. Cofinancing by MS

Final report - IMPEL-TFS NCP Exchange Days 2011

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