THE HONG KONG INTERNATIONAL CONVENTION FOR THE SAFE AND ENVIRONMENTALLY SOUND RECYCLING OF SHIPS , 2009
THE PARTIES TO THIS CONVENTION :
NOTING the growing concerns about safety , health , the environment and welfare matters in the ship recycling industry ,
RECOGNISING that recycling of ships contributes to sustainable development and , as such , is the best option for ships that have reached the end of their operating life ,
RECALLING resolution A . 962 ( 23 ), adopted by the Assembly of the International Maritime Organisation ( Guidelines on Ship Recycling ); amendments to the Guidelines adopted by resolution A . 980 ( 24 ); Decision VI / 24 of the Sixth Meeting of the Conference of the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal , which adopted Technical Guidelines for the Environmentally Sound Management of the Full and Partial Dismantling of Ships ; and the Guidelines approved by the 289 th session of the Governing Body of the International Labour Office ( Safety and Health in Ship breaking : Guidelines for Asian countries and Turkey ),
RECALLING ALSO resolution A . 981 ( 24 ), by which the Assembly of the International Maritime Organisation requested the Organisation ’ s Marine Environment Protection Committee to develop a legally-binding instrument on ship recycling ,
NOTING ALSO the role of the ILO in protecting the occupational safety and health of workers involved in ship recycling ,
NOTING FURTHER the role of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal in protecting human health and the environment against the adverse effects which may result from such wastes ,
MINDFUL of the precautionary approach set out in Principle 15 of the Rio Declaration on the Environment and its Development and referred to in resolution MEPC . 67 ( 37 ), adopted by the Organisation ’ s Marine Environment Protection Committee on September 15 , 1995 ,
MINDFUL ALSO of the need to promote the substitution of hazardous materials in the construction and maintenance of ships by less hazardous , or preferably , non-hazardous materials , without compromising the ships ’ safety , the safety and health of seafarers and the ships ’ operational efficiency ,
RESOLVED to effectively address , in a legally binding instrument , the environmental , occupational health and safety risks related to ship recycling , taking into account the particular characteristics of maritime transport and the need to secure the smooth withdrawal of ships that have reached the end of their operating lives ,
CONSIDERING that these objectives may best be achieved by the conclusion of an International Convention for the Safe and Environmentally Sound Recycling of Ships ,
HAVE AGREED as follows : 1 ) Unless expressly provided otherwise in this Convention , this Convention shall apply to :
1.1 Ships entitled to fly the flag of a Party or operating under its authority ;
1.2 Ship recycling facilities operating under the jurisdiction of a Party .
2 ) This Convention shall not apply to warships , naval auxiliary , or other ships owned or operated by a Party and used , for the time being , only on Government non-commercial service . However , each Party shall ensure , by the adoption of appropriate measures not impairing operations or operational capabilities of such ships owned or operated by it , that such ships act in a manner consistent with this Convention , so far as is reasonable and practicable .
3 ) This Convention shall not apply to ships of less than 500 GT or to ships operating throughout their life only in waters subject to the sovereignty or jurisdiction of the State whose flag the ship is entitled to fly . However , each Party shall ensure , by the adoption of appropriate measures , that such ships act in a manner consistent with
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