This has gone to submission.
The submission proof had minor wording changes vs previous draft 4. I changed the wording of clause 5 back to a mandatory requirement since it does not appear to have significant push back. I also changed the wording of the insurance carrier slightly to prevent the technicality of a thinly capitalized insurer insuring a sinking ship. There's also a line that says that the shipping registry is subject to the rules of the relevant WA member state, since IRL shipping registries are very strictly a matter reserved to the relevant state.
The category was changed from "Manufacturing" to "All Business - Mild" as shipping does not neatly fit into manufacturing - commodities shipping affects mining/logging etc as well. I changed the title around as "Ship Recycling and Breaking" rather than "Ship Breaking and Recyling".
Category: "Environmental/All-Business" "Mild".
The World Assembly,
Recognizing its efforts to protect the seas (GAR#168, GAR#409), to promote recycling (GAR#511), and resolutions on labor rights and trade;
Concerned that, with ever more ships plying the waters, no effective rules exist on the recycling of ships at the end of their useful lives;
Noting that ship recycling yard workers may be exposed to potential hazardous materials which may pose significant negative risks to their health;
Anxious that, with many bodies of water connected across the multi-verse, pollution from a member state may still harm the well-being of another member state;
Hereby enacts as follows:
- For the purposes of this Resolution:
- "WA vessel" means a ship either (i) duly registered to the competent authority of a WA member state with relevant information on the ship duly recorded by the WA member state, in accordance with that state's requirements and/or (ii) asserted by the said member state to be subject to its jurisdiction thereof;
- "Flag state" means the WA member state for which a WA vessel is duly registered on its registry and/or asserted by the said WA member state to be subject to its jurisdiction; and
- "WA yard" means a breaking and recycling yard located within a WA member state.
- The World Assembly Nautical Commission (WANC) shall set forth, and update from time to time as it deems fit:
- (I) regulations, (II) procedures and (III) recommendations on service levels and best practices on safe and environmentally-friendly ways to recycle WA vessels, including technical rules and requirements on design, construction, and operations of WA vessels and WA yards and the handling of potentially hazardous materials;
- A database for sharing latest research, advanced technologies and developed best practices between WA members, subject to regulations on copyright and intellectual property;
- requirements to (re)confirm the safety and capability of a WA vessel prior to and for its final voyage to a WA yard for recycling;
- requirements that flag state must ensure that its WA vessels carries sufficient insurance with an insurance underwriter that the flag state deems to be well capitalized, prior to setting off on its final voyage to a WA yard for recycling to compensate for any potential incidents en route, including any salvage and clean-up costs and compensation paid to any other WA states affected on this voyage;
- requirements that any new WA vessels to compile and maintain (and for existing vessels, compile and maintain to the fullest extent possible) an updated inventory of potentially hazardous materials used in its construction, modification and/or repairs to aid the WA yard during breaking and recycling; and
- templates for "Recycling Plans" for WA yards, to be updated from time to time, detailing how various kinds of WA vessels will be recycled in a safe and environmentally-friendly manner, including the safe handling of potentially hazardous materials.
- WA yards are required, for each recycling of a WA vessel, to:
- complete such a "Recycling Plan" stated in Clause (2)(f) specific to that WA vessel, using the latest templates from WANC;
- for such a Plan to be approved by a competent authority of the WA member where the WA yard is located prior to the start of work; and
- for the aforesaid competent authority to enforce compliance of the said Plan.
- WA yards recycling non WA vessels, or vessels not built according to WANC rules, are required to comply with local rules or WANC rules, whichever is stricter, to the maximum technical extent possible.
- WA members shall recycle their WA vessels in WA yards, and not at non-WA member states, unless the WA member is satisfied that the non-WA member state adheres to standards for recycling at least as stringent as WANC rules.
- Flag states may not permit the re-registration of a WA vessel to a non-WA member state, or abandon its claims to subject a particular vessel to its jurisdiction thereof, if the competent authority of the flag state independently determine after due process that the re-registration is primarily for the purpose of circumventing WANC rules.
Draft 4 below
Category: "Environmental/Manufacturing" "Mild".
Draft 3 below.
Category: "Environmental/Manufacturing" "Mild".
Draft 2 below
Draft 1 below
Background
This is (very roughly) based on the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, 2009 and is significantly less stringent than the EU version, the EU Ship Recycling Regulation, which has more restrictions on the use of hazardous materials on ships.
For more information, here is the https://www.imo.org/en/OurWork/Environment/Pages/Ship-Recycling.aspx IMO Hong Kong Convention, and here is the https://environment.ec.europa.eu/topics/waste-and-recycling/ships_en EU version.
For the record, this is not related to the recent debate on asbestos, other than the fact that it reminded me that I had this draft saved back in June on the TNP Discord but never introduced it.
All comments appreciated as always.