Malta’s Position on The Honk Kong Convention on Ship Recycling

| 20 Jan 2012

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In view of the current pressure experienced by Malta from the European Commission vis-à-vis the ratification of the Hong Kong Convention for the Safe and Environmentally Sound Recycling of Ships, Malta is currently analyzing its position as regards ratification and eventual implementation of the rules laid down in the Convention.

Recently, ship recycling has become more widespread in developing countries namely Asian countries. Such transition has occurred due to the low level of environmental, health and safety measures imposed on the ship dismantling industry in addition to the low wages offered to workers. Such workers are constantly being exposed to numerous health dangers and contact with hazardous substances such as asbestos, hydrocarbons and heavy metals.

The Honk Kong Convention offers a plausible solution to such challenging issues by proposing the integration of a common system which should encompass the whole lifespan of a boat. Simply put, the Convention aims at setting international standards which ensure that the method in which ships are designed, built and operated shall assist their recycling. In this regard, the Convention provides for new and existing ships to possess an Inventory of Hazardous Materials that the ship contains in its structure and equipment.  Moreover, the Convention also discusses the working conditions in such sector and the environmental bearing present in the effected areas while assessing related responsibilities of ship owners, flag states and ship recycling states. An interesting point is the fact that Government-owned ships are excluded from the ambit of the regulation.

Clearly, the most crucial hurdle which any Convention needs to face is its ratification. In this case, the conditions required for it to come into force include its acceptance by at least 15 Member States of the International Maritime Organisation which have a collective representation of not less than 40% Gross Tonnage of the world’s merchant fleet. 

In December 2010, Malta was asked by the European Commissioner for the environment Janez Potocnik to give details of the measures which had been taken and will be undertaken by the Maltese Government towards ratification of the Convention. Although Malta has until now not ratified the convention, there is a probability that Malta might be facing a greater challenge in the near future given the pressure that has been imposed by the European Commission and the probability of new EU legislation which introduces the convention in its laws. In fact, the European Commission is in the final stages of finalising the text of a proposal for a new law relating to ship recycling.

Given that Malta has one of the biggest ship registries in the world and the current largest ship registry in Europe, it undoubtedly has a huge task ahead balancing the interests of Malta-registered ships and their owners while facing several oncoming challenges in light of a possible Convention ratification.

Ultimately, the aim of the Convention is to regulate the ship recycling industry and provide a better solution to the current situation. At this stage, the challenging rules being proposed might not be welcome by a lot of the IMO Member States but will definitely offer a great benefit to all in the near future. 


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