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Lloyd's Maritime and Commercial Law Quarterly

International Maritime Law

Simon Baughen *

INTERNATIONAL ORGANISATIONS

188. IMO: HNS Convention: Draft Protocol

The IMO Council has endorsed the Legal Committee’s recommendation that a diplomatic conference be convened for the week starting 26 April 2010 for the purpose of considering and adopting the Protocol to the 1996 HNS Convention.

189. IMO: Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships 2009

(1) The Convention was adopted at a diplomatic conference held in Hong Kong, China, from 11–15 May 2009. The Convention aims at ensuring that ships, when being recycled after reaching the end of their operational lives, do not pose any unnecessary risk to human health and safety or to the environment.
(2) Regulations in the new Convention cover: the design, construction, operation and preparation of ships so as to facilitate safe and environmentally sound recycling, without compromising the safety and operational efficiency of ships; the operation of ship recycling facilities in a safe and environmentally sound manner; and the establishment of an appropriate enforcement mechanism for ship recycling, incorporating certification and reporting requirements.
(3) Ships to be sent for recycling will be required to carry an inventory of hazardous materials, which will be specific to each ship. An appendix to the Convention will provide a list of hazardous materials the installation or use of which is prohibited or restricted in shipyards, ship repair yards and ships of Parties to the Convention. Ships will be required to have an initial survey to verify the inventory of hazardous materials, additional surveys during the life of the ship and a final survey prior to recycling.
(4) Ship recycling yards will be required to provide a “Ship Recycling Plan”, to specify the manner in which each ship will be recycled, depending on its particulars and its inventory. Parties will be required to take effective measures to ensure that ship recycling facilities under their jurisdiction comply with the Convention.
(5) A series of guidelines is being developed to assist in the Convention’s implementation.
(6) The Convention shall be open for signature by any State at the Headquarters of the IMO from 1 September 2009 to 31 August 2010 and shall thereafter remain open for accession by any State. It will enter into force 24 months after the date on which 15 states,


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