Answer By law4u team
India is a significant player in the global ship recycling industry, particularly in the Alang-Sosiya region of Gujarat. Recognizing the need for safer and more environmentally sound practices, India has taken steps to align its ship recycling operations with international standards.
Status of India's Ratification of the Hong Kong Convention
India has acceded to the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, 2009. This accession was formalized on November 28, 2019, when Indian officials deposited the instrument of accession with the International Maritime Organization (IMO) Secretary-General during the 31st session of the IMO Assembly in London.
Legislative Measures for Implementation
To implement the provisions of the Hong Kong Convention, India has taken legislative action:
The Recycling of Ships Bill, 2019 was approved by the Union Cabinet. This bill mandates:
- Authorization of Ship Recycling Facilities: Only authorized facilities can recycle ships, ensuring compliance with international standards.
- Inventory of Hazardous Materials (IHM): Ships must maintain an IHM to identify and manage hazardous substances onboard.
- Ship Recycling Plans (SRPs): Each ship must have a specific SRP detailing the recycling process.
- Ready for Recycling Certificate: Ships must obtain this certificate before being sent for recycling.
India's Contribution to the Convention's Entry into Force
India's accession brings the total number of contracting states to 15, meeting the first criterion for the Convention's entry into force. However, the Convention will only become effective once:
- 15 States have ratified it.
- The merchant fleets of these states represent at least 40% of the world’s gross tonnage.
- The combined annual ship recycling volume of these states over the preceding 10 years constitutes not less than 3% of their combined gross tonnage.
While India's accession has significantly advanced the Convention's progress, further ratifications are needed to meet the tonnage and recycling volume criteria.
Example
Consider a ship owner planning to recycle a vessel in India:
Inventory of Hazardous Materials: The ship owner prepares an IHM identifying all hazardous substances onboard.
Ship Recycling Plan: A specific SRP is developed for the vessel, detailing the safe and environmentally sound recycling process.
Ready for Recycling Certificate: The ship obtains this certificate, ensuring it meets all necessary standards.
Authorized Facility: The ship is sent to an authorized recycling facility in Alang, complying with the provisions of the Hong Kong Convention.
Recycling Process: The facility dismantles the ship following the SRP, ensuring safe handling of hazardous materials and minimizing environmental impact.
