Firstly, introduced in 2019, the Hong Kong Convention still waits for its ratification and will enter into force 24 months after it has been ratified from 15 States, representing 40 per cent of the worlds’ merchant shipping by gross tonnage.
In an effort to reduce the negative impacts linked to the recycling of ships, the European Parliament and the Council of the European Union adopted the Ship Recycling Regulation (EU SRR) in November 2013.
The Hong Kong Convention: At a glance
The Hong Kong Convention was developed with input from IMO Member States and non-governmental organizations, and in co-operation with the International Labour Organization and the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. The main intention is to regulate that the design, construction, operation and preparation of ships, as well as, the operation of ship recycling facilities, will occur in a safe and environmentally sound manner. Additionally, it aims to the establishment of an appropriate enforcement mechanism for ship recycling, incorporating certification and reporting requirements.
The Hong Kong Convention puts the responsibility for its enforcement on the vessel’s flag state and the recycling state. A ship to which the Convention applies to may – in any port or offshore terminal of another Party – be subject to inspection by officers authorized for the purpose of determining whether the ship is compliant. If the ship is detected to be in violation of the Convention the Party carrying out the inspection will take steps to warn, detain, dismiss, or exclude the ship from its ports.
The Hong Cong Convention still awaits for its ratification and will enter into force 24 months after it has been ratified from 15 States, representing 40 per cent of the worlds’ merchant shipping by gross tonnage.
The Hong Kong Convention: Key Highlights
EU Ship Recycling Regulation: At a glance
According to the EU Ship Recycling Regulation, as of December 2018 EU-flagged vessels that reach the end of their operational lives will be recycled in facilities included on the European list of approved ship recycling facilities.
The Regulation enhances the Hong Kong Convention requirements, but also includes additional safety and environmental ones, overall setting higher standards. It includes requirements for toxic waste management as well as labour rights and the beaching method is banned. Furthermore, EU listed ship recycling facilities are subject to more scrutiny since independent certification and auditing third parties are allowed to submit complaints in case they suspect that a listed facility is not complying with the Regulation. Overall, the EU List acts as an important market differentiator for shipyards that have invested in occupational safety and environmental standards.
A major disadvantage of the EU Ship Recycling Regulation, though, is that shipowners can find a way around the law by swapping their EU flag for a non EU flag. This act, while strongly criticized, indicates the importance of more than flag state jurisdiction to hold the shipping industry accountable. Proper implementation of the Regulation necessitates that ship owners are given incentives to use EU-approved recycling facilities and not flag out to bypass the law.
EU Ship Recycling Regulation: Key Highlights
| Item | EU SRR | HKC |
| Entry into force | 31 Dec 2018 | Not yet ratified |
| Applicability | /UK flagged ships ≥ 500 (GT)
Ships ≥ 500 (GT) calling any /UK /anchorages Ship Recycling Facilities (SRFs) (European List) |
Ships ≥ 500 (GT)
Ship Recycling Facilities |
| IHM | IHM Part I investigates 15 hazardous materials listed in Annex I & II | IHM Part I investigates 13 hazardous materials listed in Appendix I & II |
| IHM Certification is done by,, | Flag states or ROs | Flag states or ROs |
| Documents | IC (IHM Certificate) for EU/EEA flagged ships
SoC (Statement of compliance) for third party flagged ships |
ICIHM – International Certificate on IHM |
