Final Report 1. Opening of The Session, Election of Chairperson, Adoption of The Agenda

BASEL CONVENTION
IMO
Joint ILO/IMO/BC Working Group on Ship Scrapping
Third Session
Agenda item 6
ILO/IMO/BC WG 3/6
31 October 2008
English only
Final report
1.
Opening of the session, election of

Chairperson, adoption of the agenda
Opening of the session

1. The Joint ILO/IMO/BC Working Group on Ship Scrapping, referred to below as JWG,
held its Third Session from 29 to 31 October 2008 at the International Labour Office,
Geneva, having held its First Session from 15 to 17 February 2005 at the London
headquarters of the International Maritime Organization (IMO), and its Second Session
from 12 to 14 December 2005 at the United Nations Office at Geneva. The list of
participants is attached to this report as Appendix I.
2. Ms Elizabeth Tinoco, Chief, ILO Sectoral Activities Branch, welcomed the participants to
the meeting. Ms Tinoco noted that significant developments had been made on
shipbreaking issues since the Working Group last met three years previously. The
58th Session of the IMO Marine Environment Protection Committee (MEPC 58) had
recently reached the final stages of negotiations on the draft International Convention for
the Safe and Environmentally Sound Recycling of Ships. The Convention, to be adopted at
a diplomatic conference in Hong Kong in May 2009, would be accompanied by guidelines,
and Ms Tinoco noted that the ILO would be following the drafting of these with interest.
Ms Tinoco observed that the present meeting of the Working Group would discuss the
many valuable initiatives aimed at improving working conditions and environmental issues
related to shipbreaking, and identify best practices.
3. The ILO strove to improve the working conditions of workers in the shipbreaking industry
and to ensure the protection of the safety and health of workers, through the application of
international standards. The most recent expression of the Organizations mission came
with the adoption, by the 97th Session of the International Labour Conference (June 2008),
of the ILO Declaration on Social Justice for a Fair Globalization, a statement of the four
inseparable and mutually supportive strategic objectives of the ILO: promoting
employment by creating a sustainable institutional and economic environment; developing
and enhancing social protection, social security and labour protection; promoting social
ILO-IMO-BCWG-FR-2008-10-0419-8-En.doc/v4
dialogue and tripartism; and respecting, promoting and realizing fundamental principles
and rights at work. The Declaration recognized that these objectives could only be
achieved on the basis of the principles and provisions of international standards, including
those relating to safety and health. Ms Tinoco further stressed that social dialogue, with the
full involvement of employers, workers and governments, was a critical tool for addressing
these issues, and its promotion, along with discussion with other stakeholders, was
essential to progress in the field. Indeed, social dialogue had an important role to play in
tackling many of the current global challenges.
4. One of the greatest of these was climate change. The ILO recognized that close
coordination with other international agencies was crucial in providing a common front to
face such global issues. Ms Tinoco cited the Green Jobs Initiative, comprising the United
Nations Environment Programme (UNEP), the ILO, the International Organisation of
Employers (IOE) and the International Trade Union Confederation (ITUC), as a recent
example of such cooperation. Ms Tinoco noted that, while the ship recycling industry was
a major source of steel and other materials, the jobs in the industry were not green, as they
posed a threat to human health and to the environment. Ms Tinoco expressed the hope that
the combined efforts of the agencies involved in the JWG would transform ship recycling
into a model activity for green jobs.
5. Mr Nikos Mikelis, IMO Senior Implementation Officer (Marine Environment Division)

welcomed the participants on behalf of the Secretary-General of the IMO. He confirmed
that the drafting of the International Convention for the Safe and Environmentally Sound
Recycling of Ships had been completed by MEPC 58, and the text had been submitted for
adoption at the diplomatic conference to be held in May 2009 in Hong Kong. The
Convention would provide wide-ranging regulations in three broad fields of activity:
firstly, in the design, construction, operation and preparation of ships for recycling, with
the aim to facilitate safe and environmentally sound recycling without compromising the
safety and operational efficiency of ships; secondly, in the operation of ship recycling
facilities in a safe and environmentally sound manner; and thirdly, in the establishment of
an appropriate enforcement mechanism for ship recycling, including surveys, inspections,
audits, certification and reporting requirements. Mr Mikelis noted that, under the present
draft Convention, it was envisaged that ships would be required to carry an inventory of
hazardous materials, and appropriate certification issued by, or on behalf of, the flag State.
Ship recycling yards would have to provide a ship recycling plan, specifying the manner
in which each ship would be recycled, depending on its inventory and particulars. A series
of associated guidelines were also being developed by the MEPC to assist implementation
of the Convention. Two of these guidelines might be finalized by MEPC 59 in July 2009.
6. Mr Mikelis further noted that the Hong Kong diplomatic conference would be expected to
decide on conditions to be met before entry into force of the Convention, but swift
ratification was hoped for, to allow for its rapid entry into force.
7. Mr Mikelis observed that, over the past ten years, five countries had recycled 97 per cent
of all tonnage recycled globally. Were these five countries to ratify the IMO Convention,
virtually all the worlds commercial ships of over 500 gross tonnage (GT) would be
regulated by the IMO Convention. This would provide an international regulatory platform
to address safety, health and environmental matters in ship recycling.
8. Mr Mikelis observed that, for this reason, technical cooperation, one of the subjects to be
discussed by the JWG, was of critical importance. The three organizations should
immediately begin cooperation with recycling States that requested technical assistance in
their preparations for ratification, by training personnel, capacity building and developing
national legislation for implementation.
9. Mr Mikelis further noted that the JWG was also to address interim measures prior to entry
into force of the Convention. The Convention and its guidelines would provide
administrations, the ship recycling industry and the shipowning industry with a complete
structure which could be applied on a voluntary and interim basis. Mr Mikelis considered
that the application of the Convention on this basis would make for a smooth transition
after entry into force, avoiding confusion within the industry and duplication of effort.
10. Ms Donata Rugarabamu, Senior Legal Officer, Secretariat of the Basel Convention, on
behalf of the Executive Secretary, drew the attention of the meeting to the Bali Declaration
on Waste Management for Human Health and Livelihood, adopted at the ninth meeting of
the Conference of the Parties in June 2008, by which ministers stated their conviction that,
if actions were taken to manage wastes in an environmentally sound manner, there would
be a high potential to improve the health and livelihood of all citizens and to provide
economic opportunities through the safe and efficient reduction, reuse, recycling, recovery,
treatment and disposal of waste. It was noted that, in many countries, ship recycling had a
direct impact on human health and livelihood, the environment and sustainable
development. It was this that made the JWG so important a forum for the exchange of
views, experience and concerns.
11. Ms Rugarabamu, on behalf of the Executive Secretary, further noted that whilst significant
progress had been made in recent years, particularly regarding the development of the IMO
Convention, the need to introduce interim measures and joint technical cooperation
activities was paramount. The JWG provided an opportunity to discuss this.
12. The Secretariats of the ILO, IMO and the Basel Convention had been collaborating
extensively in developing technical cooperation activities under the Global Programme for
Sustainable Ship Recycling. This Programme drew on earlier recommendations of the
JWG, and with its emphasis on international coordination in addressing the issues faced by
the ship recycling industry, could play a significant role in facilitating implementation of
the IMO Convention, as well as acting as a stopgap measure for the protection of human
health and the environment in ship recycling activities.
13. Ms Rugarabamu, on behalf of the Executive Secretary, drew delegates attention to the
request by Basel Convention Parties that the IMO should ensure that the IMO Convention
established an equivalent level of control to that under the Basel Convention.
Ms Rugarabamu invited the members of the JWG to present proposals on appropriate
criteria for assessing whether such equivalence was met to allow a preliminary assessment
to be made by the Open-ended Working Group of the Basel Convention to meet in May
2010.
14. Finally, the Executive Secretarys statement noted that the JWG should be mindful of the
enormity of the challenges to be faced in protecting the environment, the health and
livelihoods of many citizens in ship recycling countries. The JWG could provide a
framework to ensure that measures were adopted leading up to the entry into force of the
IMO Convention both to facilitate its implementation, and to protect lives and the
environment. It could also make recommendations for the respective governing bodies to
make proposals on further collaboration. Ms Rugarabamu, on behalf of the Executive
Secretary, stressed that the Basel Convention remained committed to future collaboration
with the ILO, IMO and all relevant stakeholders.
Election of the Chairperson

15. Mr Roy Watkinson (United Kingdom) was elected Chairperson of the JWG.
16. Mr Watkinson thanked the JWG members for their confidence in electing him as
Chairperson for the second time, which he considered to be an honour.
17. Mr Watkinson took the opportunity to remind the meeting that the holding of this Third
Session of the JWG had been decided as a result of the eighth meeting of the Conference
of the Parties to the Basel Convention in 2006; the MEPC 56 in 2007; and the 300th
Session of the ILO Governing Body in November 2007; and he thanked the ILO for the
preparation of this meeting. Mr Watkinson also reminded the meeting of the terms of
reference of the JWG which had been approved by the governing bodies of each of the
organizations.
Adoption of the Rules of Procedure

18. The JWG agreed to continue to apply the draft Rules of Procedure provisionally, without
adopting them, as it had done at its Second Session. It was further agreed to hold the
meeting in private.
Adoption of the agenda

19. The Chairperson proposed that items 3 and 4 could be more appropriately addressed in
reverse order. The JWG agreed with this proposal.
20. The JWG adopted the provisional agenda contained in document ILO/IMO/BC WG 3/1.
2.
Outcome of the Second Session

of the JWG
21. The representative of the IMO introduced document ILO/IMO/BC WG 3/2/1 which
provided information on the work programme of the MEPC of the IMO on the issue of
ship recycling since the last meeting of the JWG.
22. Mr Mikelis noted that following the adoption of resolution A.981 by the 24th Session of
the IMO Assembly, which mandated the development of a new legally binding instrument
on ship recycling, much progress had been made. The 58th Session of the MEPC, meeting
in October 2008, approved the final text which will be circulated at least six months before
the date of the diplomatic conference. Mr Mikelis informed the meeting that the
100th Session of the IMO Council, which met in June 2008, had endorsed the holding of
the diplomatic conference to adopt the new Convention. The diplomatic conference will be
hosted by the Government of Hong Kong, China, from 11 to 15 May 2009.
23. Mr Mikelis further observed that, in addition to the Convention, the IMO intends to
develop six associated guidelines. MEPC 58 established a further correspondence group to
develop two of these guidelines, with a view to their finalization, if possible, at MEPC 59.
24. Document ILO/IMO/BC WG 3/2/1 also addressed the Technical Cooperation Programme
of the IMO, and the International Ship Recycling Trust Fund which was established in
May 2006 as a dedicated source of financial support for technical cooperation activities
related to the enhancement of safe and environmentally sound ship recycling capacity in
developing countries.
25. In introducing document ILO/IMO/BC WG 3/2/2, the representative of the Secretariat of

the Basel Convention informed the meeting that the Secretariat had been actively involved
in the negotiations in the MEPC to develop a new legally binding instrument on ship
recycling. She noted that parties to the Basel Convention had followed the development of
the IMO Convention with great interest, and had invited the IMO to ensure that the draft
Convention establishes an equivalent level of control as that established under the Basel
Convention, noting that the duplication of regulatory instruments that have the same
objective should be avoided. The ninth meeting of the Conference of the Parties to the
Basel Convention, which met in June 2008, established a process by which they may
assess equivalency. The Open-ended Working Group of the Basel Convention is due to
carry out a preliminary assessment of whether the ship recycling Convention establishes an
equivalent level of control as that established under the Basel Convention. The results of
this assessment will be transmitted to the tenth meeting of the Conference of the Parties,
which is due to be held in 2011.
26. Document ILO/IMO/BC WG 3/2/2 also outlined actions taken by the Secretariat of the
Basel Convention on technical assistance. The Basel Convention Technical Guidelines for
the Environmentally Sound Management of the Full and Partial Dismantling of Ships had
been translated into the languages of the main ship recycling nations to facilitate their
implementation. Furthermore, over the past year, the Secretariat had been in close
collaboration with the Secretariats of the IMO and ILO to develop the Global Programme
for Sustainable Ship Recycling which seeks to improve the occupational safety and health
and environmental conditions in ship recycling countries by promoting the implementation
of the guidelines of the three organizations and the draft Convention.
27. The representative of the ILO presented document ILO/IMO/BC WG 3/2/3, which
reported on the activities of the ILO on shipbreaking, following the last session of the
JWG. The ILO Guidelines on Safety and Health in shipbreaking for Asian countries and
Turkey, which was prepared following tripartite discussions between governments,
employers and workers, had been translated into the local languages of the shipbreaking
countries.
28. Furthermore, the ILO gave technical assistance to the Safe and Environment Friendly Ship
Recycling Project, which was funded by the UNDP, and implemented by the Government
of Bangladesh. The Project reported that it had achieved a number of accomplishments: a
baseline survey was completed; a group of trainers were trained; nearly 6,000 workers,
supervisors and others received basic training; and some protective equipment had been
acquired. Furthermore, a tripartite delegation conducted a study tour in China.
29. Finally, document ILO/IMO/BC WG 3/2/4 was introduced by the Chairperson, which
provided information on the activities taken by each of the three organizations on ship
dismantling, between March 2006 and the present.
30. The Worker member from India stressed that the workers were important stakeholders in
this process. He described activities taking place in India with a shipbreakers union
comprised of nearly 5,000 members. Such workers were given training on basic first aid,
leadership development and migrant workers issues. He advised that ILO Guidelines
which had been translated and published in Hindi had been helpful to workers in India. He
further stressed that workers should be part of any workshops organized by the IMO.
31. The representative of the Government of the United Kingdom requested further
information on the outcome of workshops and seminars organized by the respective
organizations.
32. In reply, the representative of the Secretariat of the Basel Convention informed the
meeting of a workshop organized in Bangladesh in January 2008. The workshop sought to
bring stakeholders together to discuss proposals for the development of a Global
Programme for Sustainable Ship Recycling. Feedback provided at this workshop was used
to further develop and refine the project concept.
33. The representative of the Secretariat of the IMO advised the meeting that two workshops
had been held. The first meeting was a regional seminar and workshop held in Zhu Hai,
China in February 2007, to discuss the draft Convention and guidelines. The second event
was a national workshop held in Mumbai and Alang, India, in January 2008. The purpose
of this meeting was to understand the views of Indian stakeholders with regard to the
development of the draft Convention. Mr Mikelis noted that this national seminar was very
timely, given the recent decision of the Supreme Court of India on the ship dismantling.
34. The Chairperson drew the Working Groups attention to the following paragraphs for
action: paragraph 23 of WG 3/2/1, paragraph 11 of WG 3/2/2, paragraph 13 of WG 3/2/3
and paragraph 3 of WG 3/2/4. The JWG agreed to proceed as proposed in the paragraphs
for action, and to take into account the information provided in its deliberations.
35. Mr Sveinung Oftedal (Norway) made a presentation on the development of the draft
International Convention for the Safe and Environmentally Sound Recycling of Ships.
36. Mr Oftedal reminded the meeting that the target date for the consideration and adoption of
the draft Convention was set for the biennium 200809. He also recalled that the
Instrument was intended to facilitate safe and environmentally sound recycling, the
operation of ship recycling facilities in a safe and environmentally sound manner, and the
establishment of appropriate enforcement mechanisms for ship recycling.
37. Mr Oftedal further recalled that Norway had submitted a first draft of a new free-standing
Convention to MEPC 54 in March 2006 and this is presently being negotiated upon to be
completed for adoption at a diplomatic conference, 1115 May 2009, Hong Kong, China.
38. Mr Oftedal presented the structure, and some of the main provisions of the draft
Convention. In particular, Mr Oftedal drew the attention of the meeting to elements of the
preamble of the draft Convention in which reference was made to (i) the precautionary
approach, as adopted by the MEPC in 1995; (ii) the need to promote the substitution of
harmful materials in the construction and maintenance of ships by less harmful or
preferably harmless materials; and (iii) the role of the ILO and the Basel Convention.
39. Mr Oftedal pointed out that the articles of the draft Convention established the main legal
mechanisms, and briefed the meeting on the significance of a number of these articles. He
noted that article 17 on the entry into force of the Convention, will be decided at the
diplomatic conference.
40. Mr Oftedal then explained the role of the Regulations, as set out in the annex to the draft
Convention. These include, inter alia, Regulation 3 which deals with the relationship of the
Convention with other standards, recommendations and guidance. He also noted the
appendices, which include controls of hazardous materials; and forms of relevant
certificates and other documents. He further introduced the draft list of Guidelines to the
Convention, in particular drawing the attention of the Guidelines for the inventory of
hazardous materials and Guidelines for the authorization of ship recycling facilities.
41. Mr Oftedal concluded by identifying possible follow-up actions to the diplomatic

conference. He identified that a first priority would be the development of the Guidelines
to the Convention, which would establish the procedures needed in order to enable
compliance with the requirements in a uniform manner. He also highlighted that the
Guidelines would not establish additional requirements.
42. Mr Oftedal closed his presentation by thanking everybody for their attention, and observed
that the international community was on course to completing the development of the
International Convention on the Safe and Environmentally Sound Recycling of Ships.
43. The Chairperson thanked Mr Oftedal for his presentation and opened the floor for
comments.
44. The Worker member from India asked for clarifications on the role of the cash buyer
under the draft Convention.
45. Mr Oftedal commented that this matter had been discussed in the drafting stages of the
Convention, and noted that cash buyers might be considered to become shipowners as
soon as they buy the ship and therefore they have to fulfil the obligations as stipulated in
the draft Convention.
3.
Joint technical cooperation projects

46. In turning to the next item on the agenda, the Chairperson invited the representative of the
Secretariat of the Basel Convention to introduce document ILO/IMO/BC WG 3/3/1.
47. The representative of the Basel Convention noted that the document outlined the
development of the Global Programme for Sustainable Ship Recycling, which was an
initiative developed by the Secretariats of the IMO, ILO and Basel Convention. She
stressed the draft nature of the document and urged participants to provide guidance and
recommendations on how it might be enhanced. She recalled that the first two meetings of
the JWG recommended that the three Secretariats make efforts to enhance coordination
and cooperation in developing technical assistance programmes for ship recycling. The
document attempts to respond to that request and is consistent with the One UN
approach, which called for a coherent and integrated approach when addressing the needs
and priorities of countries.
48. She further noted that the Programmes ultimate objective was to facilitate implementation
of the International Convention for the Safe and Environmentally Sound Recycling of
Ships and related guidance, with a view to improving the occupational safety and health
and environmental conditions in the industry. She stated that this proposal encouraged
collaboration amongst a wide array of stakeholders, to move towards the common goal of
improving standards. Referring to the potential activities which might be undertaken under
the Programme, she highlighted the development of model facilities, encouraging dialogue
on policy development to facilitate compliance with the new Convention and practical
actions such as training and workshops.
49. The representative of the Secretariat of the Basel Convention underscored that
consultations, held earlier this year in Bangladesh and India, helped the Secretariats further
refine the concept of the Global Programme. On the basis of stakeholder feedback, the
Secretariats developed an organizational structure for the Global Programme, based on the
premise that activities undertaken through the Programme should be country-driven and
coordinated with planned and ongoing initiatives sponsored by other entities.
50. She noted that the approach of the Programme was based on four fundamental principles:
(i) a life-cycle approach; (ii) inclusion; (iii) collaboration; and (iv) continuity, recognizing
that the Programme should build on the work done so far. She stated that the five
suggested activities were not to be considered as prescriptive, but rather as ideas of the
type of activities that could be promoted at the country level.
51. The representative of the Secretariat of the Basel Convention added that the Global
Programme was intended to establish a platform for exchange of experiences and activities
promoted by the stakeholders. It should be seen as a mechanism to avoid the risk of
duplication and as an instrument for the Secretariats to facilitate coordination, cooperation
and exchange of good practices.
52. Referring to Annex 1 of document ILO/IMO/BC WG 3/3/1, she further explained that the
proposed organizational structure was divided into two levels, on one side national
implementation, where responsibilities were assumed by the participant country, and, on
the other, a global advice and coordination level which was envisaged rather as an advisory
mechanism. She highlighted that the decision-making powers and the responsibility for the
implementation of activities would reside within the national implementation arm of the
Programme. It was proposed that a governing committee oversee work undertaken at the
national level, assuming responsibility for strategic decision-making and policy
formulation, and that a national implementation team be responsible for development and
execution of the work programme.
53. Referring to Annex 3 of document ILO/IMO/BC WG 3/3/1, she called the attention of the
meeting to the list of proposed stakeholder consultations. She concluded by encouraging
participants to provide feedback for the further development of the Programme, in
particular with respect to the proposed organizational structure, the value of the document,
and how it might be improved.
54. The representative of the IMO stressed the importance of this Programme. He stressed that
the Programme might serve as one of the main instruments to keep the collaboration and
activities of the JWG going.
55. The Chairperson then invited presentations from two Employer members on their activities
in respect of the issue of ship recycling.
56. The Employer member from the ICS informed the meeting that the Industry Working
Group on Ship Recycling had published an Industry Code of Practice 2001 which served
as a guidance document to encourage improved practices when selling ships for scrap and
remains valid even today.
57. He stressed the necessity of taking interim measures before the Convention enters into
force and identified some principles for such measures. Firstly, he stressed that the IMO
Convention must be the focus of the efforts. Secondly, he stated that unilateral efforts were
unlikely to succeed and could only perpetuate current practices by making stakeholders
suspicious of declaring their proper intentions through fear of liability. Thirdly, he stated
that there was a need to be practical and reasonable in whatever interim measures were
undertaken, to allow the Conventions provisions to be enforced in good time.
58. He further noted that the Industry Working Group on Ship Recycling agreed to develop
provisional interim measures immediately from which further best practice guidance could
be developed at a later stage and presented a list of five interim measures that shipowners
could realistically carry out.
59. He also identified the development of best practice guidance on how to sell ships and
development of inventories of hazardous materials and their application in recycling
facilities as possible next steps.
60. The Employer member from BIMCO continued with a second presentation. He
emphasized that his organization, BIMCO, supported the draft Convention on ship
recycling and the interim measures should be focused on the draft Convention.
61. He then introduced the DEMOLISHCON, a standard contract for sale of vessels for
demolition and recycling. This document was drafted in broad consultation with the
industry and it was a workable document that the commercial parties can safely rely upon.
He furthermore stated that BIMCO would consider the revision of the standard contract on
ship demolition and recycling, when the ship recycling Convention was adopted.
62. The Chairperson then invited a presentation from a Worker member on his organizations
activities relating to ship dismantling.
63. The Worker member from the IMF provided an overview of the conditions of ship
dismantling in India and Bangladesh. He noted that nearly two-thirds or more of ships,
weighing over 2,000 deadweight tons, were being dismantled on the beaches of the Indian
subcontinent and that shipbreaking is an important source of raw materials in South Asia.
64. He reminded the meeting that the shipbreaking industry is a dangerous one. Due to the
nature of the industry there are no accurate figures on the number of deaths or injuries.
Workers are often recruited from poor agricultural areas and are unskilled to work in the
industry. The yards do not have the capacity to deal with hazardous materials.
65. He continued that workers are employed through contractors or subcontractors on a

day-by-day ad hoc basis, and thus did not have any bargaining power. They also suffered
from harassment from anti-social elements. He also stated that there is a failure to apply
and enforce national laws.
66. He informed the meeting that an International Metalworkers Federation (IMF) project had
recently been completed, and unions had been established in Mumbai and in Alang. There
were plans to start organizing a union in Bangladesh. The union in Mumbai has been
providing a clean water supply and limited first aid.
67. A representative of the Government of the Bahamas commented that the presentation
showed the real situation. He inquired if any changes were anticipated on the ground
following the adoption of the draft Convention.
68. The Worker member from the IMF replied that if the draft Convention is mandatory there
will be some improvements.
69. The Government member from Norway inquired into the changes witnessed in India
following the Supreme Court decision.
70. The Worker member from India informed the meeting that some changes had been
witnessed. In particular, he noted that a union had been established in Alang, and all
employees were now required to have basic training.
71. The representative of the NGO Platform on Shipbreaking was then invited to provide an
overview of the platform and its work. The platform was finalizing a report on downstream
waste management in Aliaga, Turkey, which followed up on an earlier Greenpeace report,
and developing green standards for ship recycling. In this regard, she stressed that these
green standards were being developed in a realistic way that would allow current existing
facilities to eventually comply with them. She pointed out that NGOs involved had
experienced problems in accessing the shipbreaking yards in India.
72. In response to a question by the representative of the Government of the United Kingdom,
the representative of the NGO Platform on Shipbreaking clarified that their suggestion that
only shipowners should pay into the ship recycling fund, followed the polluter pays and
producer responsibility principles.
73. In response to a question by the representative of the Government of Norway, the

representative of the NGO Platform on Shipbreaking explained that child labour was a
general problem in Bangladesh. Shipbreaking was, however, an extremely hazardous
industry and no person under 16 was allowed to work in the yards under existing
Bangladeshi law. She added that the existence of international registers such as Flags of
Convenience had created a loophole that prevented the markets from complying without
regulatory intervention.
74. The Worker member from the IMF informed the meeting that a conference on
shipbreaking was due to be organized by the IMF in 2009, and invited participation
therein. The Conference would aim to develop a checklist of basic minimum standards that
recyclers should adhere to for the IMF to recognize them as responsible employers.
75. The Chairperson then invited the meeting to provide comments on the proposals on the
Global Programme as contained in document ILO/IMO/BC WG 3/3/1.
76. In response to the question by an Employer member from BIMCO on the amount of
resources required for the Global Programme to be carried out, a representative of the
Secretariat of the Basel Convention explained that expected contributions were not always
of a financial nature but could, for example, take the form of knowledge transfer. The
Global Programme outlined did not constitute a call for funds, but provided an opportunity
for organizations to commit themselves to working together on the issue.
77. The Chairperson recalled the Global Programme was an umbrella under which any work
coming from the Working Groups mandate could be conducted in the future and would
not replace each organizations respective technical cooperation system.
78. The Government member from Norway said that his delegation gave great importance to
technical cooperation to achieve the Working Groups goals. It was important that the
Secretariat would coordinate between potential donors and recipients and the proposed
Global Programme was a good basis for this effort. The speaker endorsed the paper, but
suggested that paragraph 9(iii) of the document might be amended to also include
reference to capacity building. He observed that the part dealing with organizational details
seemed too ambitious and complicated and needed to include examples.
79. The Government member from the United Kingdom supported the Global Programme in
general and considered that it was important that work was not duplicated. She pointed out
that the proposed stakeholder advisory committee might become too large. Alternatively,
an advisory group that would report to the Secretariat should be considered.
80. The Government member from the United States thanked the Secretariat for the
comprehensive document and supported the proposal in principle. He supported
capacity-building efforts for shipyards, but wondered whether the proposed organizational
structure appeared too complex. Finally, he suggested that countries that had experience in
safe and environmentally protective shipbreaking should be encouraged to share their
know-how with others.
81. The Worker member from the United Kingdom supported the paper, but wondered why no
mention was made of the ship dismantling industry in Turkey. He also suggested that a
further possible activity be included, by which governments would establish a list of ship
recyclers that complied with minimum standards. He also suggested that the ship
10
dismantling fund should be used for technical cooperation as well as broader information
exchange. Finally, worker representatives should be included in the national
implementation teams, and Global Union federations under the stakeholder advisory
committee.
82. The Government member from the Netherlands thanked the Secretariat for a very thorough
job, but cautioned that the JWG needed to be careful not to create an overly bureaucratic
machinery.
83. The representative of the IMO added that the Secretariats had tried to give continuity to its
mandate to participate, if possible, in other organizations work. The paper represented an
improved, more integrated approach. It was a request to the JWG on whether it deemed it
appropriate for each organizations governing bodies to be asked whether the three
organizations should work on a programme together, while giving donors the discretion in
relation to which organization would be involved.
84. A representative of the ILO said that the current exercise was about bringing together the
world of the intergovernmental organizations, which was characterized by orderly
procedures, and the world of shipbreaking, in which informality was the rule, rather than
the exception. The Global Programme was proposed to demonstrate that collaboration was
possible (between international organizations) and encourage it on all levels (including
between different ministries). While not every single action needed to be coordinated, it
was important for the three organizations to be aware of each others activities.
85. The Worker member from the United Kingdom deemed the paper a good foundation to
build on and endorsed it.
86. The Government member from Norway said that the proposal would benefit from a more
open and generic approach. Since it had as its purpose to trigger activities, he suggested
that, in the section on activities, the elements of the Convention be included and that an
annex to the document should be added that would contain descriptions of typical projects
which might be conducted by each organization.
87. The Government member from France supported the previous speakers statements and
favoured coordination between the three Secretariats. In relation to the target participant
countries, she suggested that the programme needed to be open to address new facilities
that might be established in the future in other countries.
88. A representative of the Secretariat of the Basel Convention explained that the target
participant countries mentioned were the three countries which had faced considerable
difficulties, and in which most of the work was being carried out.
89. The Government member from China endorsed the Global Programme but wanted to
include China in the list of participant countries. He did not support the reference to
certification of standards as a possible activity under the programme, since there was no
need for such schemes. Finally, he thought that the organizational structure proposed
would be too complicated.
90. The Chairperson suggested the following decision point to the JWG:
The Joint Working Group:
(1) agreed to support the general approach of the three Secretariats regarding the
development of the Global Programme for Sustainable Ship Recycling, as set out in
document ILO/IMO/BC WG 3/3/1;
11
(2) encouraged members and observers participating in the Working Group to submit
further comments to the Secretariats in writing, before 31 December 2008, to assist
them in developing the Programme further;
(3) called on Secretariats to continue to report to their respective governing bodies on
progress made.
91. The Joint Working Group adopted the decision as formulated.
4.
Interim measures to be taken prior to the

entry into force of the Convention
92. Turning to agenda item 4, the Chairperson drew the attention of the meeting to the two
documents (WG 3/4/1 and WG 3/4/2) submitted by France and the European Commission,
respectively. The Chairperson gave the floor to the respective representatives to present
their submissions.
93. A representative of the Government of France indicated that her Government considered it
appropriate to draw the attention of the JWG to a proposal for a coordinated approach
during the interim period prior to the entry into force of the IMO Convention on ship
recycling. She noted that this was an important subject and that this meeting provided the
first opportunity to discuss it.
94. A representative of the Government of France observed that the sooner the ship recycling
activities improve in safety and in environmental performance, the better. France thus
suggested the implementation of the requirements of the Convention for the provision of
the inventory of hazardous materials to all existing ships prior to recycling. It was then
suggested that the most efficient way of implementing such a requirement in the interim
period would be for some of the major recycling countries, on a regional or international
basis, to agree to require that all ships, prior to being recycled in these countries, should
have a valid inventory of hazardous materials.
95. The representative of the European Commission stated that it attaches great importance to
the improvement of global standards in the ship recycling industry and recalled the major
steps taken by the Commission in this respect. In May 2007, the European Commission
adopted a Green Paper on better ship dismantling. This paper sets out a range of possible
measures to contribute to safer and more environmentally sound treatment of end-of-life
ships worldwide. An EU ship dismantling strategy was envisaged to be adopted by the end
of 2008. The Commission had also undertaken a study on ship dismantling and
pre-cleaning of ships and would launch a study of possible options for a Community ship
dismantling legislative initiative, and the possible establishment of a shipbreaking fund by
the end of 2008.
96. The Chairperson then opened the floor for discussion.

97. The Employer member from the ICS noted that the proposal from France could be
developed into a more workable one. He observed that the Industry Working Group on
Ship Recycling had urged shipowners to make inventories of hazardous materials.
98. The Government member from Norway stated that all requirements should be based on the
Convention. He further emphasized that the Government should pursue an active dialogue,
especially with the industry.
12
99. The Government member from the United Kingdom stated that interim measures should
not detract from the work of developing the Convention. She suggested a resolution on
voluntary implementation to be adopted by the diplomatic conference; furthermore, she
suggested that the Group could give guidance to the secretariats on technical cooperation
activities: what, where and how?
100. The Government member from Japan pointed out that MEPC 58 established a
correspondence group to further develop the two guidelines on inventory of hazardous
materials and on ship recycling facilities. He supported the suggestion that a resolution
could be adopted at the diplomatic conference on voluntary implementation of the
requirements of the Convention pending entry into force.
101. The Government member from the United States supported Frances concept of early
application of shipboard provisions, if applied to all parties in a balanced manner, and
stressed that any two-stage implementation should be done in line with the requirements of
the draft Convention.
102. The Government member from the Netherlands stated his support to the proposals
submitted by France. He added that the interim measures should not conflict with the draft
Convention.
103. A representative of the Government of Denmark supported the Netherlands comments and
considered that requiring the inventory of hazardous materials could be a step forward. She
further suggested that another interim measure could be the upgrading of ship recycling
facilities. To achieve this, guidance and technical cooperation would be needed. She
pointed out that there were already useful guidelines developed by the ILO and the Basel
Convention.
104. A representative of the NGO Platform echoed the views expressed by Denmark on the
need to upgrade ship recycling facilities. She also urged the shipping industry to be more
transparent, as keeping track of ships proved very difficult. She suggested that the IMO
should supply data on all old vessels with the name of the previous and current owners, the
year the ship was built, and the name of the flag State.
105. A representative of the Government of Malta concurred with the Government of

Denmarks comments with regard to the need to upgrade ship recycling facilities. He
emphasized that steps should be taken by both flag States and recycling States. He further
supported the adoption of a resolution by the diplomatic conference to invite voluntary
compliance pending entry into force and requested the IMO secretariats guidance thereon.
106. The Government member from Norway inquired as to how the requirement of the
inventory of hazardous materials as an interim measure might be put in place. What, for
example, would the recycling yard do with the inventory? He stressed the need for
industry-to-industry consultations and industry partnerships.
107. A representative of the NGO Platform on Shipbreaking stated that workers, their trade
unions as well as NGOs should be involved in the discussions on interim measures.
108. The Government member from China raised five issues. Firstly, he observed that the
volume of ship recycling was anticipated to peak in the year 2010 in light of the phase out
of single hull oil tankers. Thus, interim measures should be introduced as a matter of
urgency, and should be efficient and effective. Secondly, interim measures should not be in
conflict with the draft Convention. Thirdly, the suggested resolution could encourage
transparency with the flag State and the recycling State. Fourthly, the existing Guidelines
are beneficial to ship recycling and they should be used in the interim measures. Finally, he
stated that technical cooperation should be complementary to any interim measures.
13
109. The Worker member from India observed that the workforce in ship dismantling yards had
shrunk. He noted that while previously the workers were exploited, they now were starving
due to loss of jobs. He urged the application of the ILO Guidelines, relevant national laws
and relevant decisions of the Supreme Court of India in the yards.
110. At the request of the Chairperson, the representative of the European Commission briefly
explained the proposals for possible interim measures, as appearing in the annex of
document ILO/IMO/BC WG 3/4/2.
111. The Government member from Norway emphasized the importance of avoiding confusion
with the different guidelines. He commended the ILO Guidelines, as these had been
translated into the local languages of recycling States. However, he stressed that these
guidelines should be taken over by the IMO Convention and its Guidelines; and that the
other guidelines could be used as appropriate.
112. The Government member from the United Kingdom supported Chinas proposals as a way
forward. She also underlined the importance of technical assistance in upgrading facilities,
research and early ratification of the Convention.
113. The Employer member from the ICS believed that the IMO Convention would take
primacy and be the regime for ship recycling. He observed that the issue of ISO standards
remained a thorny issue, but that they could prove useful in the future, if they properly
reflected the Convention. He further emphasized that of every measure to be taken an
analysis should be made on the effects on the industry.
114. The Government member from Japan observed that many of suggestions made by the
European Commission in the annex of the document presented by the European
Commission would be useful. In respect of the issue of standards he referred to the
concerns expressed at MEPC 58 about ISO standards, as they duplicate work and were
only business-to-business standards.
115. The Government member from the United States stated that the application of the Basel
Convention and technical guidelines, even temporarily, would be of concern, as it might
create legal issues to those States not party to the Basel Convention.
116. A representative of the Government of the Bahamas recalled that 97 per cent of the world
ship recycling volume was recycled by five countries. He therefore considered that efforts
to implement interim measures should be concentrated in these States.
117. The representative of the ILO sought to address comments as to whether everything
relating to ship dismantling should be dealt with by the IMO. He pointed out that the ILO
had had a lot to say on this topic throughout the process. He noted that Article 15 of the
draft Convention stated that the Convention would be without prejudice to other
international obligations. Accordingly he stressed that other standards, including ILO
standards, would remain applicable after the entry into force of the draft Convention.
118. The Worker member from the United Kingdom supported the application of the ILO
Guidelines. He stressed that it was important to implement the outcomes of the previous
two meetings of the JWG as soon as possible so as to ensure that the recommendations
were not diluted.
119. The Chairperson invited comments from the participants as to whether a distinction should
be drawn between the notion of interim and short-term measures.
14
120. The Government member from Norway explained his understanding, in that interim and
short-term measures were to be applied prior to the entry into force of the Convention.
He noted that when the Convention entered into force, the period of improvement would
continue. Such improvement activities could be considered to be short-term measures.
121. The Government member from the Netherlands considered that by defining the terms on
the basis of a timeline would serve to distract from the primary emphasis which should be
to ensure that people took their responsibility and that action was taken. He stated that it
was more relevant to emphasize the responsibility of what needed to be done, rather than
to discuss whether it should be done prior or after entry into force of the Convention.
122. The Employer member from the ICS shared the views expressed by the Governments of
Norway and the Netherlands. He considered that it was first necessary to identify the
measures that needed to be taken, prior to determining the time frame for implementation.
123. The Government member from the United Kingdom added that the very nature of the
recommendations would dictate the timescale for their implementation. There was thus no
need to pinpoint a specific date for each measure.
124. The Government member from Norway pointed out that once the Convention was adopted,
all States would have a better sense of what might need to be done in the interim period.
He thus considered that the interim term covered the period between the present time and
the entry into force of the Convention.
125. The Chairperson invited comments on how inclusive any recommendations of the JWG
should be. Referring to an intervention by the Government representative of the Bahamas,
he inquired as to whether interim measures should be available to all, rather than the five
key ship recycling States.
126. The Government member from the United Kingdom noted that, while at the present time,
only a few States recycled a large proportion of the volume, the current economic climate
might induce changes in the market. She considered that interim measures should be
available to anyone requiring assistance.
127. The Chairperson confirmed that interim measures were to facilitate entry into force
without a timeline and would be available to all.
128. At the request of the Chairperson, the representative of the IMO explained that there had
been numerous occasions where the IMO provided for voluntary implementation prior to
entry into force. He cited, as an example, the call for implementation in respect of the
phase-out of single-hull tankers.
129. The representative of the IMO also clarified that when the Government representative of
the Bahamas was speaking of the five main ship recycling countries, he was referring to
volume based on tonnage. If consideration was given to the number of ships recycled, this
would include many smaller ships and the list of countries would be different.
130. The Government member from the Netherlands emphasized that the current financial
situation might serve to change the availability of ships for recycling, and may serve to
open up opportunities for green recycling.
131. The Government member from Norway drew the attention of the JWG to the fact that it
would be reporting to the governing bodies of each of the three organizations. It would
thus be difficult for the JWG to report directly to the diplomatic conference.
15
132. The Chairperson confirmed that any proposed recommendations from the JWG directed to
the IMO, ILO or Basel Convention would go to the next relevant of those meetings. This
would entail that there was insufficient time to inform the process of the diplomatic
conference. He also reminded the Group that the terms of reference of the JWG were to
make recommendations, not substantive decisions. If there were proposals for resolutions
to be made at the diplomatic conference, they would have to come from parties present at
the Conference participating in the adoption process.
133. The Government member from Norway stressed that, while the diplomatic conference was
very important, there were several other opportunities to take decisions and decide on
interim measures in a uniformed approach through different forums.
134. The Chairperson sought to categorize the meetings discussions on interim measures, as
addressing (a) the criteria for such interim measures; and (b) recommendations for
practical action for the implementation of interim measures.
135. The Chairperson noted that ten points had been raised which might be classified as criteria
for interim measures. These were: (i) the basis of interim measures should be the
requirements of the Convention, and other instruments could be taken into consideration as
appropriate; (ii) it was preferable that any such measure should be implemented jointly by
parties and other stakeholders, to ensure they acted in a concerted manner;
(iii) governments should engage in active dialogue with all groups, and dialogue should
also be held between groups; (iv) efforts should be made to avoid conflict with progress
towards the full implementation of the new ship recycling Convention; (v) any proposals
should be clear, straightforward, efficient and effective in nature; (vi) where appropriate,
proposals should be supported through resolutions of the diplomatic conference; (vii) it
might be appropriate to provide guidance, through the appropriate bodies, to the
secretariats for fulfilling their role and function; (viii) account should be taken of existing
guidelines that could be of assistance; (ix) the urgency of the impact of programmes, such
as the time line for the phase-out of single-hull tankers should be taken into account; and
(x) any guidance or information should be available in the relevant languages.
136. The Chairperson further sought to summarize points raised by the meetings which might
constitute recommendations for practical action for the implementation of interim
measures. The Chairperson identified seven points which had been raised by the meeting:
(i) the voluntary application of the requirement for the inventory of hazardous materials;
(ii) the possibility of holding workshops and discussion forums to improve the
understanding of the Convention and means of implementation; (iii) the possible
development and implementation of incentive schemes; (iv) the development of awareness
campaigns; (v) the development of research programmes that would enhance knowledge
and understanding and the development of technology; (vi) the development of standards;
and (vii) the elaboration of how existing guidelines might be taken into account.
137. The Chairperson invited the participants to comment on these elements for possible
recommendations from the Group.
138. A representative of the Government of France pointed out that in respect of the sixth point
under the criteria for interim measures, such proposals could be also supported by
resolutions of other conferences, such as the MEPC.
139. The Government member from the United Kingdom expressed concern that some of the
points for the proposed action for interim measures might overlap with the Global
Programme which would be latterly discussed by the meeting.
140. The Government member from Norway stated that the first point on the criteria for interim
measures was that they should be based on the standards established in the Convention. He
16
stated that it was unclear what was intended by the phrase development of standards
under the practical action points.
141. The Government member from Japan also expressed concern regarding the definition of
the term standards, in the event that it might include the processes of the ISO. He
indicated that this point should be deleted.
142. A representative of the Government of Malta agreed with the points raised by the
Governments of Norway and Japan, that the reference to the development of standards
should either be further elaborated, or then deleted. He also suggested that consideration
should be given as to whom the practical actions were addressed. In particular,
consideration should also be given as to who would be responsible for elaborating on how
existing guidelines could be taken into account.
143. A representative of the Government of Denmark said that during the discussions the
Chairperson had mentioned the possible inclusion of a further practical action point on
upgrading recycling facilities. She stated that it was also important to elaborate on how
existing guidelines might be taken into account, since it was important to use available
knowledge that could be applicable in new circumstances.
144. A representative of the Government of the Bahamas expressed his concern over
points (ii)(vi) of the practical action points, as he considered that these required extra
funding and entailed the extra human resources. All these points required practical
proposals for implementation.
145. A representative of the NGO Platform on Shipbreaking said that reference should be made
to upgrading existing recycling facilities in the practical action points. She considered that
this action point should be classified as urgent, and efforts should be made before the
Convention entered into force. She also considered that transparency in the shipping
industry should also be enhanced. With regard to additional funding requirements, a
recommendation could be made to the effect that funding should come from an ecodismantling fund with contributions from shipowners.
146. A representative of the Government of Turkey suggested that the pilot projects were one of
the most useful ways to understand the applicability of interim measures, and the new
Convention, and should thus be included as a possible action point.
147. The Government member from Norway pointed out that the list being compiled constituted
a set of recommendations, since very few States would be able to achieve full
implementation of the Convention immediately upon its entry into force. Most States
required updating activities of some kind to come into line with the standards of the
Convention. On the issue of workshops, he said that the secretariat of the IMO had stated
that workshops and discussion forums were useful, since they provided an opportunity to
exchange experiences and actions undertaken to improve the implementation of the
Convention. Such activities could be organized by organizations or parties. He supported
the request of the Government of Turkey to include a reference to the experience gained
through pilot projects.
148. The Government member from the Netherlands said that interim measures should be
practicable and, in that regard, the use of the term upgrade was problematic, since it
might not be practicable or appropriate to upgrade all recycling facilities. While it was
important to hold workshops, consideration should also be given to what measures were
taken to follow up on the outcome of those activities. He agreed that the reference to pilot
projects was particularly relevant, and should be included in the list.
17
149. The Employer member from the ICS expressed his groups sympathy with the statement
made by the Government representative of the Bahamas. He suggested that the list of
criteria should be considered and weighed against the practical actions proposed for their
implementation. Consideration should also be given to who were the key players in each
action and what the limitations were on the scope of those actions, in order to establish
whether they were feasible. While the discussion on upgrading facilities was interesting, he
wondered whether it could be included in the criteria section, rather than practical action.
He considered that the proposal for an eco-dismantling fund for which the shipping
industry would be levied was unacceptable and beyond the competence of the JWG.
150. The Government member from China emphasized the importance of transparency for the
early implementation of some elements of the Ship Recycling Convention. Especially with
a view to increasing transparency, consideration should be given to the communication of
information, as envisaged by the Ship Recycling Convention.
151. A representative of the Government of France stated that the point on the development of
standards should be removed. On the issue of upgrading existing recycling facilities, she
said that she agreed that all parties should be given the opportunity to upgrade their
facilities. She supported the proposal made by China regarding transparency in the
shipping industry as it was envisaged in the Ship Recycling Convention, noting that
enhanced transparency did not entail further costs. She also supported the request of the
Government of Turkey to include a reference to the experience gained through pilot
projects.
152. The representative of the Secretariat of the Basel Convention asked the JWG to provide
specific guidance to the secretariats on the technical cooperation functions they should
provide.
153. The Chairperson submitted a revised draft recommendation for interim measures for the
approval of the JWG.
154. The representative of the NGO Platform was concerned to note that mention was no longer
made in the new draft to the possible impact on the market of the phasing out of single-hull
tankers.
155. In an interchange of views the Employer member from the ICS pointed out that this phaseout had so far resulted in a large number of vessels undergoing change of use, rather than
scrapping, and that it was if anything misleading to mention one particular factor as having
an impact on the market. This point of view was supported by the Governments of Norway
and of the United Kingdom. The JWG then agreed that the concern expressed in this
connection, which was shared by the Government member from China, should be duly
recorded in the report of the Working Group.
156. The Government member from Denmark strongly urged that a paragraph be included in
the measures section of the list as follows: States take into account relevant guidelines
when addressing ship recycling issues. Other members of the JWG felt that this issue had
already been adequately covered in the recommendations. Other Government members felt
that the inclusion of this paragraph would detract from the clarity of the text.
157. The Government member from Denmark explained that existing guidelines could be of
great assistance during the period leading up to entry into force of the Ship Recycling
Convention. The ILO guidelines were of great relevance to protecting the safety and health
of workers; the Basel Convention guidelines would likewise be useful in respect of
disposing of hazardous waste, such as PCB containing oil. She pointed out that it was
certainly a better idea to follow the Basel Convention guideline on disposal of this
substance, rather than to try to invent a new method.
18
158. The JWG agreed to include a paragraph in the measures section to read: States make
reference to relevant guidelines.
159. The Government member from France expressed regret that a paragraph had been removed
from the new draft recommendations. This paragraph, urging parties to incorporate the
provisions of the Ship Recycling Convention, with specific reference to the relevant
guidelines, into their domestic legislation as soon as possible, adapting their national
legislation accordingly, was considered as a very useful positive signal. She agreed to this
deletion if her concern was duly recorded in the report of the JWG.
160. The Joint Working Group adopted the following recommendations:

Recommendations for interim measures from the
Joint ILO/IMO/Basel Convention Working Group
on Ship Scrapping (Third Session)
The Joint ILO/IMO/Basel Convention Working Group on Ship Scrapping at its
Third Session held at the ILO, Geneva, from 29 to 31 October 2008 with respect to
proposals for interim measures prior to the entry into force of the International Convention
for the Safe and Environmentally Sound Recycling of Ships (the Ship Recycling
Convention) recommends that interim measures should:
(1)
be based upon the requirements of the Ship Recycling Convention and relevant
aspects of technical guidelines;
(2)
be implemented jointly by States and others;
(3)
recognize the urgency of improving the situation of workers in ship recycling yards;
(4)
encourage governments to engage in active dialogue with the social partners

(employers and workers organizations) and other stakeholders;
(5)
not conflict with the work of States towards implementation of the Ship Recycling
Convention;
(6)
be clear, concise, efficient and effective;
(7)
be supported by States through the adoption of resolutions in appropriate forums for

the voluntary implementation of the Ship Recycling Convention;
(8)
include clear guidance to the Secretariats with regard to the technical cooperation
functions they should perform;
(9)
recognize the continued value of existing guidelines;
(10) take account of the need to communicate relevant and applicable guidelines and
information in the appropriate languages;
(11) take into account the numerous factors impacting on the market;
(12) be acted upon without delay and not restricted by time limits;
(13) be available on a global basis;
(14) assist States in ratifying the Ship Recycling Convention as soon as possible;
19
(15) with a view to increasing transparency, take into account communication of

information, as envisaged by the Ship Recycling Convention.
161. To facilitate the implementation of interim measures, the Third Session of the Joint
ILO/IMO/Basel Convention Working Group on Ship Scrapping identified the following
possible measures, subject to the availability of resources and appropriate coordination
between stakeholders as described in paragraph 4 above:
(i)
the voluntary application of the provisions concerning the inventory of hazardous

materials by flag States, shipowners, ship recycling States and ship recycling
facilities;
(ii)
States make reference to relevant guidelines;
(iii)
workshops on the requirements of the Ship Recycling Convention and on relevant

aspects of existing technical guidelines with all relevant stakeholders;
(iv)
consideration be given by stakeholders to incentive schemes;
(v)
awareness campaigns to inform the public, workers and industry;
(vi)
development of research programmes, for example on innovative technologies and

processes;
(vii) programmes for technology transfer and exchange of best practice information;
(viii) promotion of pilot projects to facilitate the implementation of the Ship Recycling
Convention;
(ix)
technical assistance to developing countries for the upgrading of ship recycling

facilities in relation to workers health and safety and environmental protection;
(x)
cooperation of stakeholders in joint projects to improve and ensure adequate ship

recycling capacity and improve implementation of existing legislation and technical
guidelines.
Videoconference with Mr Milen Dyoulgerov

of the World Bank
162. The Chairperson then invited Mr Milen Dyoulgerov of the World Bank, joining through
videoconference, to give a presentation on the World Banks involvement in activities
relating to the ship recycling industry in South Asia. The World Banks objective in the
region was to assist the Governments of Bangladesh, India and Pakistan to become
internationally competitive and profitable and to optimize the reduction of the significant
pollution linked to the industry.
163. Mr Dyoulgerov noted that efforts to strengthen the industry should take place at the
regional level, and the forthcoming IMO Convention could be used in that regard. At the
same time, regional competitiveness should be preserved. While regulatory efforts were
quite advanced, there remained a lack of empirical data on the socio-economic and
environmental sides of the industry. The donor coordination to address spreading pollution
had been exemplary, and it was hoped that the process would continue and expand.
164. The role of the World Bank was to contribute on the basis of its competitive advantages,
and to recognize the economic aspects of the industry, as well as the social and
20
environmental aspects. The Bank could contribute its convening powers, broad economic
and cross-sectoral technical expertise, and access to critically needed financing. It hoped to
work together with other organizations to achieve a market-based approach, which focused
on sustaining the industry. Its initial focus was to build an adequate knowledge base in
preparation for follow-up investment assistance. The first step was a governmentsupported analytical and technical assistance operation to analyse shipbreaking and
recycling practices, and establish a partnership system to offer financial, economic and
societal incentives to change work practices while preserving and increasing the financial
and economic viability of the industry in the country where it was based, and keeping it
there if possible, and disrupting the pattern of moving to pollution havens. He added that
the situation in each of the countries in question (Bangladesh, India and Pakistan) was
different.
165. Further pollution audits were required to establish stable credible baseline data on handling
practices, in order to assess environmental compliance with the draft Convention. A
different approach was needed for assessing pollution loads, to assess the donor,
operational and technical impacts of accession to the draft Convention once adopted. The
Bank hoped to have the preliminary results of its economic analysis available by spring
2009, and the final results available by the end of that year. The analysis would form part
of the foundation for any future possible financial investment operations, and for
foreseeing client requirements from the government and industry perspectives.
166. Donor coordination was essential to plan for the future, particularly in respect of activities
to ensure that countries were able to implement the Convention effectively. Consideration
was being given to the possibility of establishing facilities to spread the cost of improved
compliance along the industry chain. In the medium term, a proposal had been made to
establish a facility to jump start the required technical assistance at some national levels,
and at the industry level. Regional counterparts and other banks had pioneered private
sector financial assistance to cover incremental costs.
167. The Employer member from the ICS inquired as to how much work was being done to
investigate upstream reinvestment and its feasibility, and who would be expected to pay
into that scheme.
168. Mr Dyoulgerov stated that the mechanisms of that scheme had not been investigated as yet,
since it would be a long-term project.
169. The Worker member from Bangladesh sought information on the respective market share
of the shipbreaking industry held by Bangladesh and India. Another Worker member from
the United Kingdom referred to the opportunities for change in the industry and asked
what practical steps were required to achieve this.
170. Mr Dyoulgerov replied that these changes had been influenced by changes in the demand
side and regulatory regimes. Practical drivers for change would be convincing
governments that it was in their interest to improve standards and provide incentives for
industry to meet them half way. Without changes a parallel market could be created and
that would undermine the principle of the Convention.
171. The Government member from Norway inquired as to what follow-up work was required
to derive funding from the Global Environment Facility (GEF), and whether funding could
be expected from this mechanism in the future.
172. Mr Dyoulgerov explained that the GEF was the only source providing incremental funding
for global environmental objectives. Funding was limited, highly competitive, and
substantial national buy-in was required. The GEF was expanding its work to the private
sector. It was also necessary to find a way to bring together bilateral, multilateral and
21
national assistance to make the draft Convention a reality and to figure out how to bring
efforts together. He suggested that something substantive could be on the ground by 2010.
173. The Government member from the United Kingdom inquired about the sort of needs
assessment that was envisaged.
174. Mr Dyoulgerov said that assessment would be needed to get an in-depth understanding of
pollution laws, current practices and compliance.
175. A representative of the NGO Platform on Shipbreaking asked whether the World Bank
project would look at the problems of migrant workers in ship recycling. She suggested
that improved practices could decrease the number of workers employed and asked
whether the World Bank would be looking at solutions for these workers.
176. Mr Dyoulgerov said that the social, economic and environmental issues were interrelated
and fitted within the broader picture of the World Banks work. The weight of the World
Banks work was very different in each country and depended on the governments
interest. It was an incremental process and part of the World Banks focus on reducing
poverty and improving living conditions.
177. The representative of the IMO asked whether project information would be made available
to the Secretariats of the three organizations and members who were working on technical
cooperation.
178. Mr Dyoulgerov said that it was their intention to share research results as much as
possible. He noted that data and objective information could be easier to share than
analytical research that needed to be of high quality to withstand a peer review process.
179. Mr Dyoulgerov thanked the Chairperson for the opportunity to address the meeting and
looked forward to continued cooperation in this field.
5.
Any other business

180. The Chairperson invited the participants to comment on the possible future of the JWG.
181. The Worker member from the IMF said he believed that there would be a role for the body
in future, and it should have the opportunity to meet. Given the Secretariats proposal for
the Global Programme, he observed that the JWG could be well placed to consider the
progress made.
182. The Employer member from the ICS said that the Global Programme could serve as an
overarching framework for future cooperation, and that the JWG could meet if a
compelling need arose.
183. A Government member from Norway said that cooperation between the three
Organizations was important however members should be mindful of limitations on
resources. He observed that paragraph 3 of the Groups terms of reference could be
considered to have been completed, while paragraph 4 might need to be adjusted in light of
the future adoption of the Convention on ship recycling. The other elements would be
robust over time.
184. The Government members from the Netherlands and the United Kingdom agreed that
provisions should be made for the JWG to meet should a specific need arise. The
22
Government representative of France agreed, and suggested that the terms of reference
required revision.
185. A Government member from the United States noted that the JWG was uniquely
positioned to provide advice and direction on future cooperation, for example under the
Global Programme.
186. A representative of the Government of the Bahamas stated that the future of the JWG
would depend on the outcome of the diplomatic conference for the adoption of the
Convention on ship recycling.
187. A representative of the Government of Denmark considered that although the value of
future meetings of the JWG could not be assessed at present, since significant
developments were likely. However, she noted that the JWG could play a role in
addressing possible gaps in future international regulation. She stated that the Group
should indicate that it recognized the potential value of future meetings.
188. The Worker member from the IMF said that although the Terms of Reference could not be
revised before the diplomatic conference, the JWG should give a clear recommendation on
the value of continued cooperation between the three Organizations.
189. The representative of the ILO stressed the added value in continuing cooperation between
the three Secretariats in light of their respective competencies and areas of work. He
considered that if the Global Programme proceeded as envisaged and the interim measures
were put in place, the JWG would have specific items to address in the future.
190. The representative of the IMO said that while he recognized the JWGs considerable
achievements thus far, he concurred with Denmarks assessment that a full consideration
of the Groups future could not be undertaken at present.
191. The representative of the Basel Convention said that the JWG was a positive forum for the
three Organizations to report on progress made under the Global Programme, and to seek
guidance thereon. She recalled that the governing bodies of the three Organizations must
approve any revisions to the terms of reference. The next meeting of the Conference of the
Parties to the Basel Convention was due to meet in June 2011.
192. The Chairperson presented the following summary: while the third point of the terms of
reference had been completed, largely owing to significant input from the Government of
the United States, the remaining elements were largely fit for purpose and might be refined
over time. There was consensus that the work of the JWG had proved beneficial in terms
of cooperation and would be likely to do so in future, especially as the new Convention
became a reality. There would therefore be future useful work for the JWG to do, although
the timing of any such meetings would be regulated by actual needs.
193. The JWG agreed with the Chairpersons summary.
6.
Adoption of the report

194. The Worker member from Bangladesh pointed out some inconsistencies in paragraph 28
describing the ILO activities in Bangladesh.
195. The Government representative of the Bahamas inquired as to the inclusion in the report of
a presentation on child labour in ship-breaking yards in Bangladesh by the International
23
Federation for Human Rights (FIDH), an organization that was not listed as registered for
the meeting.
196. The Chairperson confirmed that, while the FIDH was not on the list of registered members,
it had been declared that a registration form had been sent. The Secretariat would check the
organizations registration status. If the FIDH were considered part of the meeting, their
statement would be retained in the report. If not, it would be deleted.
197. The representative of the NGO Platform hoped that the situation could be rectified, as
these were important statements to keep in the report.
198. The Government representative of Denmark thought that, since the meeting had received a
presentation, it should be reflected in the report.
199. The Worker member from the IMF also agreed that the FIDH presentation should be in the
report.
200. The Government member of the Netherlands noted that the meeting had received an
extensive presentation by the World Bank, also not listed among the participants.
201. The Worker member from the IMF added that the FIDH presentation contained a number
of points that were similar to those made by the Worker members. If the FIDH statement
were struck from the record, he wanted to re-address some of those points. He added that
the presentation by the FIDH should be treated in the same way as the presentation from
the World Bank.
202. The Chairperson explained that the World Bank presentation was a different situation as
they had been invited to make a presentation to the meeting.
203. The representative of the NGO Platform stated that, in her view, the FIDH had also been
invited to make a presentation and pointed out that the FIDH was a member of the NGO
Platform, which was a registered participant. The presentation should be treated in the
same way as the World Bank videoconference presentation. If the text were removed, a
statement should be attached to the report which indicated that the FIDH was a member
organization of the NGO Platform on Shipbreaking and as such had been invited to deliver
a presentation to the meeting.
204. The Worker member from the IMF said that the report should reflect that this had been a
contentious issue and that the Government representative of the Bahamas had made the
suggestion to withdraw these paragraphs.
205. The Government representative of the Bahamas stated that the important point was that it
was unacceptable for anyone who was not registered to come to a meeting and have their
presentation recorded as part of that meeting. This was not about the presentation content.
206. The Government representative of Denmark indicated her surprise that a presentation
delivered by a person invited to the meeting could not be recorded in the report.
207. The Government member of the Netherlands agreed with the comment made by the
Government representative of Denmark.
208. The Chairperson suggested that the JWG provisionally adopt the text subject to
clarification by the Secretariat of the FIDH question. If the FIDH comments were excised,
the discussions that had taken place in respect of this question would be reflected in the
report.
24
209. The JWG adopted its report, as amended, subject to clarification by the Office regarding
the registration status of the FIDH. After verification by the Office in respect of the FIDH
registration status, the paragraphs referring to the presentation delivered by that
organization were deleted from the report.
Closing statements
210. Mr T. Fashoyin (ILO) congratulated the JWG on the completion of its agenda, which had
been achieved through full debates and discussions punctuated by interesting presentations.
The JWG had produced a clear set of recommendations on interim measures for preparing
the entry into force of the forthcoming IMO convention on ship recycling, which would
play a crucial role in joint efforts to improve the lives of those working in the ship
recycling industry. He hoped that dialogue between the social partners would continue, and
would extend to recycling States. The genuine progress achieved through the efforts of the
JWG would protect those working in the shipbreaking industry. He thanked the
Chairperson for his leadership and expertise, and noted the synergy that had been achieved
between the participants.
211. He expressed his gratitude for the preparatory work that had been done by the Joint
Secretariat, and for the efforts of the professional and administrative staff to ensure the
success of the meeting.
212. The representative of the IMO said that it had been gratifying to witness the continued
collaboration between the three organizations, and welcomed the support that the ILO and
the Basel Convention had given to the development of the IMO international convention
on ship recycling, in particular through the drafting of the guidelines on interim measures.
He also welcomed the continuation of collaboration under the aegis of the Global
Programme. He thanked all the participants for their contributions to the development of
the ship recycling industry.
213. The representative of the Basel Convention expressed her appreciation for the JWGs
work, in particular the guidance that had been given in respect of interim measures and
joint technical cooperation activities, which were a priority for Parties to the Basel
Convention. She welcomed the support expressed for the Global Programme, and said that
the JWG had formed a basis for future cooperation. She hoped that the Group would
continue to meet to enable the organizations to learn from each other and share
experiences.
214. An Employer member from the ICS thanked all those who had been involved in the
meeting, and expressed particular gratitude to the Chairperson.
215. A Worker member from the IMF thanked the Joint Secretariat, and the participants. He
welcomed the presence of three representatives of shipbreaking yards, who he hoped
would benefit from the work of the JWG.
216. The Chairperson applauded the efforts of the JWG, which was a small but dedicated group.
It was important to continue the work of the Group since much more progress remained to
be achieved. Collaboration on shipbreaking had only just begun, and he looked forward to
following its future developments.
25
List of participants
Liste des participants
Lista de participantes
27
Chairperson
Mr Roy Watkinson, Senior Policy Specialist, Department for Environment, Food and Rural Affairs, Hazardous
Waste and International Unit, London, United Kingdom
Member Governments nominated by the IMO

JAPAN
Mr Koichi Kato, Director, International Affairs Office, Shipbuilding and ship Machinery Division, Maritime
Bureau, Ministry of Land, Infrastructure, Transport and Tourism, Tokyo, Japan
Advisers:
Mr Hideaki Saito, Director, Japan Ship Centre (JETRO), London, United Kingdom
Mr Hiroyuki Komatsu, Manager, Planning Division, The Japanese Shipowners Association, Tokyo, Japan
NORWAY
Mr Einar Arnesen, Norwegian Maritime Directorate, Haugesund, Norway
Advisers:
Mr Sveinung Oftedal, Norwegian Ministry of the Environment, Oslo, Norway
Mr Jens Henning Koefoed, Norwegian Maritime Directorate, Haugesund, Norway
NETHERLANDS
Mr Reinoud Pijpers, Senior Policy Adviser, Ministry of Transport, Public Works and Water Management,
Directorate-General for Civil Aviation and Maritime Affairs, The Hague, Netherlands
Adviser:
Mr Tom Blankestijn, External Affairs, Maersk Ship Management, Rotterdam, Netherlands
UNITED STATES
Mr Frank McAlister, Chief, International and Transportation Branch, US, EPA, Washington, DC, United States
Adviser:
Ms Kristine Gilson, Environmental Protection Specialist, US Maritime Administration, Washington, DC,
United States
Member Governments nominated by

the Basel Convention
CHINA
Mr Sun Jun, Deputy Director, China Maritime Safety Administration, Beijing, China
Adviser:
Mr Wang Xingxing, Section Chief, China Maritime Safety Administration, Beijing, China
29
GAMBIA
Mr Mustapha Jallow, Senior Programme Officer, National Environment Agency, Banjul, Gambia
JAMAICA
Captain Winston Chin, Senior Marine Surveyor, Maritime Authority of Jamaican Mission, Kingston, Jamaica
UNITED KINGDOM
Mr Roy Watkinson, Senior Policy Specialist, Department for Environment, Food and Rural Affairs, Hazardous
Waste and International Unit, London, United Kingdom
Adviser:
Ms Katy R. Ware, Senior Policy Adviser, Department of Transport, London, United Kingdom
Members of the Employers group nominated by the ILO

Mr John Stawpert, Marine Assistant, International Chamber of Shipping, ISF, London, United Kingdom
Mr Aron Frank Sorensen, Marine Manager, BIMCO, Bagsvaerd, Denmark
Mr Bernard Veldhoven, Secretary, International Ship Recycling Association (ISRA), The Hague, Netherlands
Members of the Workers group nominated by the ILO

Mr Vikas Damodar Nalavde, Organizing Secretary, Mumbai Port Trust, Dock and General Employees Union,
Mumbai, India
Mr Keith Hazlewood, National Secretary, Manufacturing Section, GMB Trade Union, London, United Kingdom
Mr Robert D. Johnston, Director, IMF Shipbuilding and Shipbreaking Department, Carouge, Switzerland
Mr Vidyadhar Vasudeo Rane, Secretary, Mumbai Port Trust Dock and General Employees Union, Mumbai,
India
Mr A.M. Nazim Uddin, President, Bangladesh Shipbreaking Workers Associations, Chittagong, Bangladesh
Government observers
ARGENTINA
Mr Gonzalo Martn Jordn, Second Secretary, Permanent Mission of Argentina, Geneva, Switzerland
BAHAMAS
Captain Douglas Bell, Deputy Director (Maritime Affairs), Bahamas Maritime Authority, London,
United Kingdom
30
DENMARK
Ms Heidi Hilbert, Legal Adviser, Danish EPA, Copenhagen, Denmark
Ms Lone Schou, Deputy Head of Division, Danish EPA, Copenhagen, Denmark
FRANCE
Ms Claude Wohrer, Secretariat gnral de la mer, Board of Maritime Affairs (Prime Minister), Paris, France
Mr Thomas Bonhoure, Coordinator, Basel Convention, Ministry of Ecology, Paris, France
GHANA
Ms Eleanor Asieki Pratt, Deputy Director Public Relations, Ghana Maritime Authority, Accra, Ghana
Ms Stella Cobbah, Senior Maritime Administrative Officer, Ghana Maritime Authority, Takoradi, Ghana
Mr Dominic Aboraah, First Secretary, Permanent Mission of Ghana, Geneva, Switzerland
GREECE
Ms Stella Kyriakou, Attach, Permanent Mission of Greece, Geneva, Switzerland
GUATEMALA
Ms Ingrid Martnez Galindo, First Secretary, Permanent Mission of Guatemala, Geneva, Switzerland
LIBYAN ARAB JAMAHIRIYA

Mr Ahmed Ramadan S. Essa, Environment General Authority (EGA), Tripoli, Libyan Arab Jamahiriya
Mr Ahmed Marsoka, Environment General Authority (EGA), Tripoli, Libyan Arab Jamahiriya
MALTA
Mr Franck Lauwers, Senior Environment Protection Officer, Malta Environment and Planning Authority, Marsa,
Malta
MARSHALL ISLANDS
Mr Daniel Sheehan, Maritime Adviser, Washington, DC, United States
OMAN
Mr Nasra Salim Mohamed Al Hashmi, First Secretary, Permanent Mission of the Sultanate of Oman, Chambesy,
Switzerland
PHILIPPINES
Mr Emerson Lorenzo, Director II, Shipyard Regulations Office, Maritime Industry Authority, Ermita Manila,
Philippines
31
TURKEY
Mr Erhan Batur, Counsellor, Permanent Mission of Turkey, Geneva, Switzerland
Mr Abdsselam zet, Deputy Head of Labour Inspection Board, Ministry of Labour and Social Security, Ankara,
Turkey
Ms Simla Yasemin szkaya, Counsellor (Environmental Affairs), Permanent Mission of Turkey, Geneva,
Switzerland
Mr Nefise Burcu nal, Assistant Expert of Occupational Health and Safety, Ministry of Labour and Social
Security, Ankara, Turkey
Mr Yasar Ozbek, Legal Adviser, Permanent Mission of Turkey, Geneva, Switzerland
Representatives of the United Nations, specialized agencies

and other official international organizations
European Commission
Ms Laurence Matringe, Policy Officer, DG Environment G.4 Sustainable Production and Consumption, Brussels,
Belgium
Representatives of non-governmental international organizations

International Organisation of Employers (IOE)
Mr Jean Dejardin, Adviser, International Organization of Employers, Cointrin/Geneva, Switzerland
NGO Platform on Shipbreaking
Ms Ingvild Jenssen, Director, Brussels, Belgium
Joint Secretariat of the meeting

International Maritime Organization (IMO)
Mr Nikos Mikelis, Senior Implementation Officer (Marine Environment Division), London, United Kingdom
Basel Convention
Ms Donata Rugarabamu, Senior Legal Officer, Secretariat of the Basel Convention (SBC), United Nations
Environment Programme (UNEP), Chtelaine/Geneva, Switzerland
Ms Susan Wingfield, Consultant, Secretariat of the Basel Convention (SBC), United Nations Environment
Programme (UNEP), Chtelaine/Geneva, Switzerland
Ms Uloma Onuma, Intern, Secretariat of the Basel Convention (SBC),United Nations Environment
Programme (UNEP), Chtelaine/Geneva, Switzerland
International Labour Office (ILO)
Mr Tayo Fashoyin, Officer-in-Charge, Social Dialogue Sector
Ms E. Tinoco, Chief, Sectoral Activities Branch (SECTOR)
Mr J.P. Sajhau, Sectoral Activities Branch (SECTOR)
Mr D. Seligson, Sectoral Activities Branch (SECTOR)
Mr T. Higgins, Official Relations Branch (RELOFF)
32

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Final Report 1. Opening of The Session, Election of Chairperson, Adoption of The Agenda

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BASEL CONVENTION

Opening of the session, election of

Opening of the session

5. Mr Nikos Mikelis, IMO Senior Implementation Officer (Marine Environment Division)

Election of the Chairperson

Adoption of the Rules of Procedure

Adoption of the agenda

Outcome of the Second Session

25. In introducing document ILO/IMO/BC WG 3/2/2, the representative of the Secretariat of

41. Mr Oftedal concluded by identifying possible follow-up actions to the diplomatic

Joint technical cooperation projects

65. He continued that workers are employed through contractors or subcontractors on a

73. In response to a question by the representative of the Government of Norway, the

91. The Joint Working Group adopted the decision as formulated.

Interim measures to be taken prior to the

96. The Chairperson then opened the floor for discussion.

105. A representative of the Government of Malta concurred with the Government of

160. The Joint Working Group adopted the following recommendations:

be implemented jointly by States and others;

encourage governments to engage in active dialogue with the social partners

be clear, concise, efficient and effective;

be supported by States through the adoption of resolutions in appropriate forums for

recognize the continued value of existing guidelines;

(15) with a view to increasing transparency, take into account communication of

the voluntary application of the provisions concerning the inventory of hazardous

States make reference to relevant guidelines;

workshops on the requirements of the Ship Recycling Convention and on relevant

consideration be given by stakeholders to incentive schemes;

awareness campaigns to inform the public, workers and industry;

development of research programmes, for example on innovative technologies and

technical assistance to developing countries for the upgrading of ship recycling

cooperation of stakeholders in joint projects to improve and ensure adequate ship

Videoconference with Mr Milen Dyoulgerov

Any other business

193. The JWG agreed with the Chairpersons summary.

Adoption of the report

Member Governments nominated by the IMO

Member Governments nominated by

Members of the Employers group nominated by the ILO

Members of the Workers group nominated by the ILO

LIBYAN ARAB JAMAHIRIYA

Representatives of the United Nations, specialized agencies

Representatives of non-governmental international organizations

Joint Secretariat of the meeting

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