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Today a full documentary will be aired on Danish TV revealing the fate of the ferries if they are disposed in countries such as India, Pakistan and Bangladesh. Working conditions at shipbreaking yards in those countries has been described as horrific and deadly in numerous reports. According to Basel Action Network sources in India, on average about one person each day has been killed in the operations at Alang, in the state of Gujarat. Almost no precautions are taken for explosive, toxic and other hazardous substances and many toxic wastes from the ships are simply dumped into the sea. However, Scandlines seems unaware that the export of such hazardous wastes from Denmark and other rich countries is forbidden by an international treaty known as the Basel Convention. In 1995, in a move in that Convention championed by Danish Environment Minister Auken, the global community banned all exports of hazardous wastes from the rich countries of the Organization of Economic Cooperation and Development (OECD) to non-OECD countries. This decision has already been transcribed into European Union law and into the laws of each EU member state. Asbestos and PCBs are clearly listed as some of the hazardous wastes which are forbidden from export and a ship destined to be scrapped would be considered a "substance or object intended for disposal" under the law. "Under the Basel Convention and EU law, there is simply no way that a ship laden with asbestos, PCBs, contaminated oils etc. that is headed for scrapyards can be considered anything other than a hazardous waste," said Jim Puckett of BAN who has been following the Basel Convention and the EU law on the subject since 1989. "If Denmark insists on exporting these vessels to India they had better be stripped clean of all hazardous substances. But it would probably be more responsible to have the entire scrapping job done in Danish shipyards and pay the higher cost." According to BAN, a Danish firm has expressed great interest in having the ship recycling done domestically in Holbaek or Aalborg. In both the United States and in Denmark, it is known that both business and labour interests would like to have these jobs but they can't compete with the cheap and dirty operations in such countries as India, Pakistan and Bangladesh. The Basel Ban was adopted as an amendment to the Basel Convention in 1995 to prevent precisely the type of activity from which Scandlines hopes to profit. By prohibiting the export of toxic waste from the richest to poorer countries, the global community tried to counter the brute economic imperative that allows the export of hazards to avoid the costs of proper, responsible treatment and prevention at home. Furthermore, the Basel Convention calls for countries to become self-sufficient in hazardous waste management as an incentive for minimizing hazardous waste production. Thus, regardless of what kind of promises Indian shipbreakers might give for improving conditions there, the ban on the export of ships that have not been pre-cleaned of toxic substances will still be in effect. Indian authorities have also become quite concerned. Two weeks ago, the Indian Central Pollution Board issued that nation's first guidelines for the import of ships for breaking. The guidelines rule that all ships must be controlled under the Hazardous Waste rules which include the obligations placed on India under the Basel Convention. "Yes, India is poor, yes we need jobs," said Ravi Agarwal of the Basel Action Network in India. "But we find it disgusting that we are offered the world's worst hazards, the world's worst jobs, all to better the North's environment and health at the expense of our own. We urge Denmark to once again take the lead and put a stop to the globalization of their toxic problems." For more information contact:
Annex: Export of ships illegal under EU Law The relevant law is Council Regulation (EC) No. 120/97 of 20 January 1997 amending Regulation (EC) No. 259/93 on the supervision and control of shipments of waste within, into and out of the European Community (Official Journal of the European Communities (No. L 22/14). In Article 1 of the regulation it is stated that "All exports for recovery of waste listed in Annex V for recovery shall be prohibited except to those to (a) countries to which the OECD decision applies (OECD) and (b) other countries in certain circumstances but in any case not after January 1 1991 (the effective date of the Basel Ban). Annex V wastes is currently the equivalent of Annex III (amber) and Annex IV (red) listed wastes of Regulation 259/93 (Official Journal No. L 30/26). It is relevant from a toxicological point of view, in the case of ships to be concerned primarily about:
In Annex IV of 259/93 (red listed) wastes the following list entries can be found that are relevant:
In Annex III of 259/93 (amber listed) wastes the following list entries can be found that are relevant:
Thus if any of these things above are found to be present in the waste in question, the shipment (old ferries) from Denmark (EU country) to India (a non-OECD country) would be illegal under current Danish and EU law (an EU "regulation" as opposed to a "directive" is immediately applicable to all member states).
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