Chapter 5: End-of-life ships ‘from cradle to grave’ under the Hong Kong Convention and the EU Ship Recycling Regulation
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This chapter explores the tailored approach for the regulation of shipbreaking under the auspices of the IMO, which imposes obligations on the life cycle of a ship, involving limitations on the installation of hazardous materials, and maintaining an inventory of hazardous materials, as well as safe and environmentally sound ship recycling. The chapter analyses the EU Ship Recycling Regulation implementing the Hong Kong Convention and assesses the regulatory choices embedded in the two regimes, which shift the responsibilities to flag states and ship recycling countries. These choices present enforcement challenges, distinct from the ones stemming from the Basel regime. Their reflection of environmental principles also differs, shifting the balance between the obligations imposed on different states. The analysis explores the EU’s decision to deviate from the Basel Ban and encourage the early implementation of the IMO Convention, and the authorisation process of third country facilities under the Ship Recycling Regulation.