Shipping | The Hong Kong convention to enter into force June 2025
The Hong Kong Convention has however not yet entered into force. The Convention shall enter into force 24 months after the date on which (i) not less than 15 states have signed the Convention, (ii) the combined merchant fleet of states having signed the Convention constitute not less than 40 per cent of the gross tonnage of the world’s merchant shipping and (iii) the combined maximum annual ship recycling volume of states having signed the Convention during the preceding 10 years constitutes not less than 3 per cent of the gross tonnage of the combined merchant shipping of such states.
With the recent ratification by Bangladesh and Liberia of the Hong Kong Convention, the Convention will now enter into force in June 2025.
Objective
The objective of the Hong Kong Convention is to prevent, reduce, minimize and, to the extent practicable, eliminate accidents, injuries and other adverse effects on human health and the environment caused by ship recycling, and enhance ship safety, protection of human health and the environment throughout a vessel’s operating life.
Application and Vessels
The Hong Kong Convention applies to (i) vessels entitled to fly the flag of a signatory party or operating under its authority and (ii) ship recycling facilities operating under the jurisdiction of a signatory party.
The Convention applies to vessels of any type whatsoever operating or having operated in the marine environment and includes submersibles, floating craft, floating platforms, self elevating platforms, Floating Storage Units (FSUs), and Floating Production Storage and Offloading Units (FPSOs), including a vessel stripped of equipment or being towed.
The Convention does however not apply to (i) warships, naval auxiliary, or other vessels owned or operated by a state and used, for the time being, only on government non-commercial service or (ii) vessels of less than 500 GT or to vessels operating throughout their life only in waters subject to the sovereignty or jurisdiction of the state whose flag the vessel is entitled to fly. The relevant state shall however ensure that such vessels act in a manner consistent with the Convention so far as is reasonable and practicable.
Requirements for Vessels
A. Hazardous Materials
Each state party to the Convention shall (i) prohibit and/or restrict the installation or use of hazardous materials listed in the Convention on vessels entitled to fly its flag or operating under its authority, (ii) prohibit and/or restrict the installation or use of such materials on vessels whilst in its ports, shipyards, ship repair yards, or offshore terminals and (iii) take effective measures to ensure that such vessel comply with the requirements.
Each new vessel shall have on board a verified Inventory of Hazardous Materials fulfilling requirements set out un the Convention.
Existing vessels shall comply as far as practicable with the same requirements not later than 5 years after the entry into force of the Convention, or before going for recycling if this is earlier.
B. Preparation for Ship Recycling
Vessels destined to be recycled shall:
- Only be recycled at Ship Recycling Facilities that are:
- Authorized in accordance with the Convention; and
- Fully authorized to undertake all the ship recycling which the Ship Recycling Plan specifies to be conducted by the identified Ship Recycling Facility(ies).
- Conduct operations in the period prior to entering the Ship Recycling Facility in order to minimize the amount of cargo residues, remaining fuel oil, and wastes remaining on board.
- In the case of a tanker, arrive at the Ship Recycling Facility with cargo tanks and pump room(s) in a condition that is ready for certification as Safe-for-entry, or Safe-for-hot work, or both, according relevant legislation.
- Provide to the Ship Recycling Facility all available information relating to the vessel for the development of a Ship Recycling Plan.
- Complete the Inventory required by the Convention.
- Be certified as ready for recycling by a relevant organisation, prior to any recycling activity taking place.
C. Surveys and Certification
Vessels shall be subject to (i) an initial survey before the vessel is put in service, or before the International Certificate on Inventory of Hazardous Materials is issued, (ii) a renewal survey at intervals to be specified, but not exceeding five years, (iii) an additional survey at the request of the shipowner after a change, replacement, or significant repair of the structure, equipment, systems, fittings, arrangements and material and (iv) a final survey prior to the vessel being taken out of service and before the recycling of the vessel has started.
An International Certificate on Inventory of Hazardous Materials shall be issued after successful completion of an initial or renewal survey, except for existing vessels for which both an initial survey and a final survey are conducted at the same time.
An International Ready for Recycling Certificate shall be issued after successful completion of a final survey.
The International Certificate on Inventory of Hazardous Materials shall be issued for a period to be specified and not exceeding five years, while the International Ready for Recycling Certificate shall be issued for a period to be specified and not exceeding three months.
Requirements for Ship Recycling Facilities
Ship Recycling Facilities which recycle vessels shall be authorized by the relevant state.
Ship Recycling Facilities authorized by a state shall establish management systems, procedures and techniques which do not pose health risks to the workers concerned or to the population in the vicinity of the Ship Recycling Facility and which will prevent, reduce, minimize and to the extent practicable eliminate adverse effects on the environment caused by Ship Recycling.
Ship Recycling Facilities shall only accept vessels that (i) comply with the Convention or meet the requirements of the Convention and (ii) which they are authorized to recycle.
Ship Recycling Facilities shall prepare a Ship Recycling Facility Plan with details as further set out in the Convention. This shall be prepared prior to any recycling.
The Convention contains several requirements for the Ship Recycling Facility in order to (i) prevent adverse effects to human health and the environment and (ii) ensure safe and environmentally sound removal of any Hazardous Material.
Inspection and Violation
When there is sufficient evidence that a vessel is operating, has operated or is about to operate in violation of any provision in the Convention, a state holding such evidence may request an investigation of the vessel when it enters the ports or offshore terminals under the jurisdiction of a party to the Convention. If the vessel is detected to be in violation of the Convention, the investigating party may take steps to warn, detain, dismiss, or exclude the vessel from its ports.
Where there is sufficient evidence that a Ship Recycling Facility is operating, has operated or is about to operate in violation of any provision of the Convention, the relevant state should investigate the Ship Recycling Facility and make a report. The report shall include information on action taken or to be taken, if any.
Sanctions will be established under relevant law that will be applicable in case of violation.
Parties to the Hong Kong Convention
The following states are now contracting parties to the Convention: Bangladesh, Belgium, Republic of the Congo, Croatia, Denmark, Estonia, France, Germany, Ghana, India, Japan, Liberia, Luxembourg, Malta, Kingdom of the Netherlands, Norway, Panama, Portugal, São Tomé and Príncipe, Serbia, Spain and Turkey.
These states represent approximately 45.81% of the gross tonnage of the world’s merchant shipping. The combined annual ship recycling volume of such states during the preceding 10 years amounts to 23,848,453 GT, equivalent to 3.31% of the required recycling volume.
EU Ship Recycling Regulation
There are separate regulations adopted by the EU applicable to the recycling of vessels.
The EU Ship Recycling Regulation ((EU) No 1257/2013) aims to prevent, reduce and minimize accidents, injuries and other negative effects on human health and the environment related to the recycling of vessels flying the flag of European Union countries.
The regulation (i) lay down requirements for vessels and ship recycling facilities to ensure that ship recycling takes place in an environmentally safe and sound manner, (ii) restrict or prohibit the installation and use of hazardous materials on vessels and (iii) establish a European list of ship recycling facilities.
The EU regulation implements the requirements of the Hong Kong Convention, but includes also additional safety and environmental requirements.
The EU Ship Recycling Regulation is implemented in Norwegian law through «Forskrift om gjenvinning av skip og flyttbare innretninger (FOR-2018-12-06-1813)».
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Do not hesitate to contact any of BAHR’s shipping team members for further information.