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Bangladesh, India, Norway, Pakistan, ICS and BIMCO have presented an interesting paper commenting on document MEPC 81/15/1. The document is a submission related to the implementation of the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, 2009 (HKC) and its potential legal inconsistencies with the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (BC).

The key points from the document:

1. Background: The HKC is set to enter into force on 26 June 2025, requiring Parties to report relevant information for ships destined for recycling under the HKC’s provisions. There are concerns about potential legal issues that may arise due to conflicting requirements between the HKC and the BC.
2. Legal Inconsistencies: The document highlights the need for legal certainty to ensure that complying with the HKC does not result in sanctions under the BC. It discusses how a ship certified under the HKC may still be considered hazardous waste under the BC, leading to potential legal consequences for shipowners.
3. Proposed Scenarios: The co-sponsors provide scenarios to illustrate how ships intended for recycling may face legal challenges based on the conflicting requirements of the HKC and the BC, especially in relation to transboundary movements of ships.
4. Recommendations: The document recommends addressing legal uncertainties prior to the entry into force of the HKC, emphasizing the need for clear enforcement and cooperation between the IMO and the BC Secretariat. It suggests that the HKC should take precedence over the BC in case of conflicts.
5. Action Requested: The document requests the Committee to consider the information and proposals presented and take appropriate action to ensure clear and robust implementation of the HKC.

Overall, the document calls for harmonization between the requirements of the HKC and the BC to avoid legal complications and ensure consistent and environmentally sound ship recycling practices. It is important for States that seek to be parties to the HKC and the BC to properly interrogate these well meaning conventions and iron out the inconsistencies that arise.