3.26 The Committee noted that the draft Guidelines calls on flag States to establish criteria by which a ship might be declared "Ready for Recycling" and that these basic criteria would be the completion of the work to prepare a ship for recycling, set out in the relevant section of these Guidelines, and agreed that it should be further considered whether, at a later stage, these criteria need to be further developed in a harmonized manner in order to ensure their uniform and consistent application.

　

3.27 India suggested that it should be further considered whether there is a need for the development of criteria not only for "Ready for Recycling", but also for "Ready for the Final Voyage to Recycling".

　

　

3.28 The Committee considered that the Appendices of the draft IMO Guidelines need further attention and development and agreed that the outcome of DE and BLG Sub-Committees, tasked by MEPC 48 to review current Appendices 2 and 3, should be taken into consideration during the finalization of the Appendices.

　

　

3.29 Cyprus, noting that in accordance with paragraph 6.5 of the draft Guidelines, "Environmental Groups" are encouraged to continue monitor the issues related to ship recycling, pointed out that the role of monitoring the application of IMO Guidelines is the responsibility of the Governments and proposed the deletion of this paragraph. The Committee recognizing that not only the environmental groups but also other interested Stakeholders should be encouraged to contribute addressing issues associated with ship recycling agreed that the relevant paragraph should be amended accordingly.

　

　

3.30 The Committee noted the concerns raised by India that although in accordance with the draft Guidelines efforts should be made for the minimization of hazardous materials onboard the ship during the operating life of a ship and during routine or major maintenance, the AFS Convention has accepted the over-coating of the existing TBT paint with sealer coat as a conditional alternative to requiring the complete removal of it by blasting.

　

　

3.31 The Committee recalled that in order for the Guidelines to be finalized at this session, MEPC 48 tasked the DE, FSI and BLG Sub-Committees to consider relevant issues. The reports of the three Sub-Committees are reflected in documents MEPC 49/10/2, MEPC 49/10/2/Corr.1, MEPC 49/10/3, and MEPC 49/10/4.

　

3.32 The Committee noted that DE 46 (MEPC 49/10/3) reviewed the Appendices 6 and 7 to the Report of the Correspondence Group (MEPC 48/3) and proposed that, as HALON indicated in section A of the appendix is not the only fire-extinguishing medium, this entry can be expanded to also include perfluorocarbons (PFCs).

　

3.33 The Committee also noted that BLG 8 (MEPC 49/10/2, MEPC 49/10/2/Corr.1) considered the substances listed in appendices 6 and 7 of the Report of the Correspondence Group on Ship Recycling (MEPC 48/3) and, having agreed that the references to the EU Council regulations and the Basel Convention were unnecessary, invited the Committee to delete the reference to the EU Council regulations from the list of potentially hazardous materials which may be on board vessels delivered to recycling yards, and the whole of appendix 7.

　

3.34 The Committee further noted that FSI 11 (MEPC 49/10/4) recommended the following for the consideration of MEPC 49:

　

　

3.35 The Committee agreed to take into account the above-mentioned recommendations of the Sub-Committee for the finalization of the draft Guidelines.

　

　

3.36 The Committee considered documents MEPC 49/3, MEPC 49/INF.4 and MEPC 49/INF.8 regarding the latest developments in the International Labour Organization (ILO) and the Conference of Parties to the Basel Convention with regard to ship recycling.

　

3.37 The Committee noted that:

　

　

and agreed that these Guidelines should be taken into account in the finalization of the draft IMO Guidelines on ship recycling.

　

　

3.38 The representative of the Secretariat of the Basel Convention expressed the view that in the last few years progress has been achieved in bringing coherence between different regimes dealing with the protection of the marine environment, maritime safety and the environmentally sound management and control of the transboundary movements of hazardous and other wastes and that with the adoption of the Basel Convention guidelines by the Conference of Parties in December 2002, a new level playing field has been agreed upon for aiming at the environmentally sound management of ships destined for dismantling. It was also stated that environmental issues related to end-of-life equipment are emerging issues in the multilateral context and that in the case of ships reaching the end of their operating life a new form of partnership is required among all concerned stakeholders and that the enhanced co-operation with IMO and ILO, which the Parties to the Basel Convention are committed to pursue, is a good example and evidence of this evolution.

　

　

3.39 The representative of the International Labour Organization (ILO) indicated that it was now foreseen to have their "Draft Guidelines on Occupational Safety and Health in Shipbreaking" adopted by a Meeting of Experts in Bangkok, which would be held from 7 to 14 October 2003. It was also stated that ILO was already co-operating closely with the Secretariat of IMO and the Secretariat of the Basel Convention and that the invitation of the Conference of Parties to the Basel Convention to establish a joint working party between the three agencies and to work towards the establishment of an inter-agency technical assistance programme had been welcomed by ILO.

　

　

3.40 The Committee agreed that the IMO Secretariat should continue a close liaison role and dialogue with ILO and the Basel Convention Secretariats. With regard to the request of COP6 to the Secretariat of the Basel Convention to explore the development of an inter-agency technical assistance project on ship dismantling together with IMO and ILO and to consider the establishment of a joint working group with IMO and ILO as a means of achieving a common understanding of the problem and character of the required solutions, the Committee was, in principle, supportive of these proposals and requested the Secretariat to liase with ILO and the Secretariat of the Basel Convention in order to prepare the following for consideration by MEPC 51:

　

　

　

3.41 The Committee, having resolved the main outstanding issues in the draft Guidelines, agreed to establish the Drafting Group on Ship Recycling with the following terms of reference:

　

　

　

3.42 The Drafting Group on Ship Recycling met from 16 to 17 July 2003 under the chairmanship of Captain Moin U. Ahmed (Bangladesh). Having received the report of the Drafting Group (MEPC 49/WP.15), the Committee noted the progress of work of the Drafting Group and took actions as reflected below.

　

3.43 The Committee noted that the Drafting Group developed a revised text of the draft IMO Guidelines on Ship Recycling based on the Report of the Correspondence Group, taking into account the decisions and comments made in plenary. The new text of the draft Guidelines is set out at annex 1 to document MEPC 49/WP.15.

　

3.44 The Committee noted the modifications, clarifications and editorial adjustments made to the draft Guidelines and its appendices, which are summarized in the following paragraphs.

　

　

3.45 The Committee noted that:

　

　

　

3.46 The Committee also noted that the Group refined the terminology used throughout the text in compliance with the recommendatory nature of the Guidelines.

　

　

3.47 With regard to the issue of the Green Passport, the Committee noted that the Group modified the relevant sections of the draft Guidelines in order that this document should list relevant ship details and the potentially hazardous material utilised in the construction of the ship, its equipment and systems, and that a model format for this inventory of potentially hazardous materials (Appendix 3 of the draft Guidelines) has been developed. The Committee also noted that it was agreed that for new ships the part of the inventory regarding materials in the ship's structure and equipment should be produced by the shipbuilder at the construction stage and passed to the shipowner to maintain with relevant information, while for existing ships, this part should be completed by the shipowner, as far as is practicable and reasonable. The Group also agreed that the parts of the inventory regarding operationally generated wastes and stores should be completed by the shipowner prior to the final voyage to the recycling facility.

　

　

3.48 The Committee noted that the Group, taking into account the decisions of plenary and the recommendations of FSI 11 on the need to avoid the issue of "phantom ships", and having deleted the parts of the draft Guidelines relevant to the "ship recycling reporting system", included appropriate text in the Guidelines in order that:

　

　

　

3.49 The Committee noted that the Group, having discussed the basic contents and the application of the "ship recycling plan", agreed that a format of such a Plan should be developed in the future in order to ensure uniform and effective implementation.

　

　

3.50 The Committee noted that the Group, having taken into consideration the practical circumstances and the potential hazards associated with the practice of towing a vessel to the recycling facility, agreed that such an operation should be considered on a case-by-case basis and decided to delete the relevant part from the Guidelines.

　

　

3.51 The Committee noted that circular MSC/Circ.1084 "Principles for hot work on board all types of ships" and Assembly resolution A.864(20) "Recommendations for entering enclosed spaces aboard ships" have been attached as appendices to the draft Guidelines.

　

　

3.52 The Committee noted that as a result of decisions made with regard to responsibilities of the last owner of the ship, the text of the draft Guidelines relevant to brokers and intermediate buyers has been deleted.

　

　

3.53 The Committee noted that the section of the draft Guidelines related to the "Role of Environmental Groups" has been amended in order to address all the other interested Stakeholders and to encourage them to contribute to addressing issues associated with ship recycling.

　

　

3.54 The Committee noted that the Group finalized the Appendices of the draft Guidelines and proposed to review and further develop Appendices 1 to 3 after having gained experience in their application.

　

　

3.55 The Committee approved the report of the Group in general and, in particular:

　

　

3.56 The observer of Greenpeace International stated that the IMO Guidelines on Ship Recycling mark a step forward. However, it was stressed that the Guidelines needed further work in order to make them comprehensive and fully consistent with international law and regulations concerning hazardous wastes, in particular under the Basel Convention. Greanpeace International urged IMO to pursue progress on these outstanding issues as a matter of urgency.

　

3.57 The observer of ICS stated that some parts of the IMO Guidelines needed further consideration and invited Members of the Committee to submit comments on the draft Guidelines to the twenty-third session of the Assembly.