3.40 The Working Group on Ship Recycling met from 11 to 13 October 2004 under the chairmanship of Captain Moin Ahmed (Bangladesh). The Committee, having considered the report of the Group (MEPC 52/WP.8), noted the significant progress made at this session, approved the report in general, and took action as indicated in the ensuing paragraphs.

　

　

3.41 The Committee noted the initial list of the elements of the Guidelines for which a mandatory scheme might be regarded as the most suitable option for their implementation, as developed by the Group (annex 1 of document MEPC 52/WP.8).

　

3.42 In this respect, the Committee noted that the outcome of this work should be considered as a starting point for the future work that was needed intersessionally in order to develop further this list and to consider issues associated with the possible mandatory application of the identified measures.

　

3.43 The Committee noted that the Group, in considering how the implementation of such a possible mandatory scheme could be achieved, discussed briefly whether existing IMO instruments were the appropriate legal framework for the ship recycling provisions or whether these should be developed as a new separate legal mechanism.

　

3.44 The Committee further noted that whilst it was suggested that existing IMO instruments, such as MARPOL 73/78, could provide an appropriate vehicle for the implementation of some of the identified measures, the Group agreed that a new IMO instrument could be developed with a view to providing legally binding and globally applicable ship recycling regulations and that further work was needed before a concrete proposal could be made on this issue.

　

3.45 The observer from ICS, speaking on behalf of the Industry Working Group on Ship Recycling, having expressed their support, in general, for the Group's outcome on this issue, drew the attention of the Committee to the considerable amount of preparatory work which remained to be done for the further consideration of the possible introduction of a mandatory scheme on ship recycling.

　

　

3.46 Regarding the reporting system for ships destined for recycling, the Committee noted that the Group agreed that this system should be developed in accordance with the following basic principles:

　

3.47 The Committee noted the draft outline of the reporting system for ships destined for recycling which the Group had developed, as a starting point, in order to identify in a schematic way what should be reported, to where and by whom (annex 2 of document MEPC 52/WP.8).

　

3.48 In this respect, it was noted that additional work was needed for the further development of this system with the aim of considering, amongst other issues, the appropriate time-frame for the reporting, a harmonized reporting format and the possible need for additional flow of information between the involved stakeholders.

　

3.49 The Committee further noted that the Group, having considered that "pre-cleaning" requirements might not be applicable to all the cases of ships destined for recycling, agreed that reporting procedures related to such a process could, at this stage, be excluded from the draft outline of the reporting system.

　

3.50 The Chairman of the Committee, having taken into account that the Guidelines did not provide a definition on the term "de-registration", advised the Committee that this issue should be considered at a future session with the aim of clarifying any relevant reporting procedures.

　

3.51 The observer from ICS expressed, on behalf of the Industry Working Group on Ship Recycling, their concerns regarding any notification procedures that might be required after the finalization of the contract between the shipowner and the recycling facility, and prior to the delivery of the ship. ICS further stated that these notification procedures should in no way lead towards the introduction of a "permit to recycle" requirement.

　

　

3.52 The Committee approved the Guidelines for the development of the ship recycling plan as contained in annex 3 of document MEPC 52/WP.8, and instructed the Secretariat to circulate them by MEPC/Circ.419.

　

　

3.53 The Committee noted the clarifications and interpretations agreed by the Group (annex 4 of MEPC 52/WP.8) on the outstanding issues related to the review of Appendices 1, 2 and 3 of the Guidelines listed in annex 4 of document MEPC 52/3.

　

3.54 Regarding the "single list" of potentially hazardous materials, the Committee noted that the Group, having agreed that a standard format should be developed in order to provide for a uniform and consistent application, developed an initial layout of the list, as set out in annex 5 of document MEPC 52/WP.8, for further consideration in the intersessional period.

　

3.55 The Committee further noted that the Group agreed that:

　

　

3.56 The Committee noted the Group's deliberations regarding the further consideration of the possible mechanisms to promote the implementation of the Guidelines and of the criteria for ships to be declared "ready for recycling" (paragraphs 7.1 and 7.2 of MEPC 52/WP.8) and, in particular, the Group's view that a preliminary plan should be developed identifying priorities, achievable deadlines, and input that might be required from other IMO Committees and Sub-Committees regarding the promotion of the implementation of the Guidelines.

　

　

3.57 The Committee noted the outcome of the Group's consideration (paragraphs 8.1 to 8.6 of MEPC 52/WP.8) on the proposals to amend the Guidelines submitted by the Industry Working Party on Ship Recycling (MEPC 52/3/5).

　

3.58 The Committee further noted that the Group invited the Industry Working Party on Ship Recycling to prepare a revised text of the proposed amendments to the Guidelines for further consideration in the intersessional period.

　

　

3.59 The Committee endorsed the text developed by the Group (annex 6 of document MEPC 52/WP.8), reflecting its views on the proposal under consideration at COP 7 regarding the flag State's responsibility for the purposes of the application of the Basel Convention. As decided by the Committee (above paragraph 3.37), this text should be communicated by the Secretariat to COP 7 and to the first session of the Joint ILO/IMO/BC Working Group.

　

　

3.60 The Committee, taking into account the need to progress the work on ship recycling issues in an expeditious manner:

　

　

4.1 The Committee recalled that on 18 May 2004, Samoa acceded to Annex VI of MARPOL 73/78. By this accession the Protocol of 1997 to MARPOL 73/78 met the entry into force criteria. Consequently, Annex VI of MARPOL 73/78 would enter into force on 19 May 2005.

　

　

4.2 The Committee recalled that the Assembly, by resolution A.963(23), adopted "IMO Policies and Practices Related to the Reduction of Greenhouse Gas Emissions from Ships" and, by this resolution, established an official IMO policy on greenhouse gas emissions from ships.

　

4.3 The Committee recalled that MEPC 49, in order to facilitate implementation of the IMO policies and practices on reduction of greenhouse gas emissions from ships, agreed to establish an intersessional correspondence group under the leadership of Norway and approved the Terms of Reference for the work as set out in annex 8 to document MEPC 49/22. The report of the intersessional correspondence group was submitted to MEPC 51 as document MEPC 51/4.

　

　

4.4 The Committee noted that IACS, in its submission MEPC 52/4/6, invited the Committee to consider clarifications to regulation 9 of Annex VI of MARPOL 73/78 with regard to transfer of documentation in connection with change of flag and to regulation 13 of Annex VI with regard to detailed understanding and meaning of the term "installed".

　

4.5 The Committee noted that IACS, in its submission MEPC 52/4/7, invited the Committee to consider 70 unified interpretations to Annex VI and the NOx Technical Code.