Greenpeace has contacted the concerned Indian Ministries and
authorities to ensure that the import of this ship for recycling
will not contravene the Supreme Court order on ship recycling or
the Basel convention on transboundary movement of hazardous
waste.
In November 2003, both Turkey and Greece refused entry to
Clemenceau in their waters until it had been decontaminated. Both
governments were aware that the aircraft carrier would have vast
quantities of toxics materials such as PCBs (polychlorinated
biphenyls), TBT (tributyltin) Asbestos, and in all probability,
radioactive waste on board. The French authorities had committed to
decontaminating the ship in Spain, but for inexplicable reasons the
ship never reached Spain, following which both Turkey and Greece
refused to allow the ship to be scrapped at their countries.
Recent reports in Indian media have indicated that the
Clemenceau will be sent to Indian ship-breaking yards after the
Asbestos on board has been removed a procedure that should take
about six months. Greenpeace has called upon the French authorities
to remove all other toxic materials such as TBT, PCBs and
radioactive substances besides asbestos.
French authorities must adhere to EU Waste shipment law, IMO
guidelines on Ship recycling and the Basel Convention and must
respect the Indian Supreme Court order on Ship recycling. French
Authorities must hand over the "Inventory of Hazardous Materials"
according to the industry code of practice. Greenpeace also urges
Indian ship-breakers to refuse to entertain any deals if the French
authorities fail to provide the "No objection certificate" from
Government of India.
India is in a position to ensure that the Clemenceau trade is in
keeping with the procedures obligatory under international legal
frameworks for ship recycling, like the Basel Convention Regime and
the orders of the Indian Supreme Court. The Basel Regime is the
Basel Convention, the Basel Ban Amendment and the Decisions made by
the Conference of the Parties (COPs). Some elements of the EU Waste
Shipment Regulation (EEC 259/93) can be considered part of that
Basel Regime, regulating the transboundary movements of hazardous
wastes and their disposal.
The EU Waste Shipment Regulation 259/93 (EU Waste Regulation)
obligates the Member States, France in this particular case, to
ensure that the notification procedure is followed; to ensure that
there is consent in writing; to ensure that the shipment of waste
is reduced to the minimum, consistent with environmentally sound
and efficient management of such wastes; not to allow the export of
hazardous or other wastes if the Member State has reason to believe
that the wastes in question will not be managed in an
Environmentally Sound Management manner; and if illegally shipped,
to take back the waste.
The requirement of written prior consent based on adequate
information (Prior Informed Consent or Notification) and the
requirement that hazardous wastes to be exported are subject to
Environmental Sound Management are two important legal obligations
of the Basel Convention to be respected in the case of the export
of the "Clemenceau" to France.
For India the orders of the Indian Supreme Court clearly
indicate that ships need to be free of hazardous substances before
they come onshore for ship-breaking. In addition the Court orders
place the responsibility for the hazardous waste on the ship owner.
Hence any ship that is sent for breaking must be
decontaminated.
Thus, in order to prevent the deemed illegal export of the
"Clemenceau" to India, it is imperative for India to take the
following course of action:
* Immediately ask France to clarify whether all relevant
obligations and procedures of the international regulation on ship
recycling (in particular the EU WS Regulation) have been complied
with, including obtainment of "non objection certificate from the
Indian Ministry of Defense and Environment and Forest."
* Check as a matter of urgency and priority full compliance with
the requirements under the orders of the Indian Supreme Court, in
particular the need for decontamination.
* Inform the Custom department in Bhavnagar and in Mumbai that
they cannot allow the import of such ship if they fail to provide
"No objection Certificate from Government of India".
For further information, please contact: Ramapati Kumar,
Ship-breaking Campaigner, Greenpeace India: +919845535414
3
Footnote on the Indian Supreme Court Order: Order of the Supreme
Court of India, Civil original jurisdiction, writ petition No 657
of 1995, New Delhi 14 October 2003, page 42-45.: Amongst others:
Order no 1 on shipbreaking: "Before a ship arrives at port, it
should have proper consent from the concerned authority or the
State Maritime Board, stating that it does not contain any
hazardous waste or radio-active substances […]. Order no 2: "The
ship should be properly decontaminated by the ship owner prior to
the breaking […]."