The Law
The Growing Challenge of Toxic Waste Trade
Stricter environmental regulations in developed countries have driven up hazardous waste management costs, leading to increased export of toxic wastes, including end-of-life ships, to developing countries with weaker or poorly enforced laws. Although multiple international and regional legal instruments exist to regulate transboundary hazardous waste movements, shipowners often find ways to bypass these, presenting ongoing global enforcement challenges.
Basel Convention
Adopted by UNEP in 1989 and entering into force in 1992, the Basel Convention regulates cross-border movement and environmentally sound disposal of hazardous wastes, which applies to ships due to their hazardous materials content. The convention published technical guidelines in 2002 for the safe dismantling of end-of-life ships, aiming to minimize human health and environmental risks during recycling operations.
ILO Guidelines
Designated one of the world’s most hazardous occupations, shipbreaking is governed by ILO’s “Safety and Health in Shipbreaking: Guidelines for Asian Countries and Turkey” (2004). These criteria guide employers and national authorities in protecting worker health and safety, emphasizing the need for improved occupational standards in ship recycling sectors.
Hong Kong Convention
Adopted in 2009 by the IMO, the Hong Kong Convention (HKC) establishes global frameworks for safe and environmentally sound ship recycling. Despite limited ratification to date, the HKC requires the authorization of facilities, ship-specific recycling plans, and an inventory of hazardous materials to protect workers and the environment during dismantling. However, it faces criticism for insufficient enforcement and accountability mechanisms.
EU Waste Shipment Regulation
The European Union implements the Basel Convention and its Ban Amendment via the Waste Shipment Regulation (EC No 1013/2006), banning hazardous waste exports to non-OECD countries and disposal outside EU/EFTA. This regulation strengthens controls over hazardous waste trade, reinforcing environmental protection within and beyond EU borders.
EU Ship Recycling Regulation
In force since 2013 with full application from 2018, the EU Ship Recycling Regulation (EU SRR) mandates recycling standards exceeding the Hong Kong Convention in environmental and occupational safety. The EU maintains an approved list of global recycling facilities; EU-flagged ships must be dismantled at these certified sites, fostering higher standards and accountability.
Navigate International Legal Frameworks for Responsible Ship Recycling
Understand how global treaties and regional regulations impact ship recycling practices. Equip your organization with the knowledge to comply with the Basel Convention, ILO guidelines, HKC, and EU regulations, driving safer and cleaner ship recycling globally.