A Greenpeace Report for IMO MEPC 44th Session -
March 2000

Summary

The UK bulk carrier MV FORTHBANK bound for India for scrapping was arrested in Belgium in December 1999. The Belgian Government understands that a European ship bound for scrapping in Asia is a hazardous waste export and subject to the EU hazardous waste exports ban which has been in place since 1998.

Greenpeace informed the Belgian Government after it learned about the decision to scrap the ship in Alang soon after the ship departed the port of Rotterdam in the Netherlands to the port of Antwerp in Belgium. Greenpeace was able to confirm the information through a phone call to the agents of the ships in the Netherlands and Belgium and the operator in the UK.

The Belgian Government, through the Flemish Waste Department (Ovam), initially received an unclear response from the captain and from its UK owners. As a result of this the Antwerp prosecutor arrested the ship as requested by Ovam, on the basis of article 26 of the Council Regulation (EEC) N° 259/93 dated 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community.
The prosecutor lifted the arrest order on the vessel after the British owner of the 26-year old Forthbank, Andrew Weir Shipping (AWS), told the prosecutor they had no plans to scrap the vessel.

Following this the Belgian Government (Ovam) sent a letter to AWS and the prosecutor with a warning that legal action could be taken if the Forthbank went to India or any other non- OECD- country following its departure from Antwerp, as the last harbour of an OECD- country, for demolition. Ovam wrote to AWS: "The Ministry of Environment in India or another non-OECD- country [then] has the right to refuse the ship and send it back to Antwerp." Ovam writes to the prosecutor: "… it is obvious that the shipowners [then] is prosecuted…"

Measures against Forthbank in Belgium

On 17 December 1999 Greenpeace Belgium informed the Belgian Flemish Waste Department, Ovam (Basel Focal Point in Belgium) about the possible intention of ship owner Andrew Weir Shipping (AWS) to scrap the bulk carrier the MV FORTHBANK in Alang in India. Greenpeace Belgium learned about this decision when the ship was in the port of Rotterdam in the Netherlands. Greenpeace was able to confirm the information with the agents of the ships in the Netherlands and Belgium and with the operator itself in the UK. Greenpeace denounced the 'toxic ship" to the Belgium authorities and requested they carry a full inventory of all hazardous constituents on board and halt the dumping of these toxic wastes in Asia. Greenpeace was demanded that the London based owners take full responsibility for their vessel and ensure that hazardous materials were promptly removed from the ship prior to sending it for scrapping.

The ship arrived in Antwerp on 20 December 1999 (quay 414). The Belgian authorities (Ovam and the police) carried out an investigation on board the Forthbank and requested a written clarification from the owner in London. As the written response from AWS, which arrived on 20 December 1999 in the evening, was considered unclear to the Belgian Authorities (it neither confirmed nor denied the questions posed), Ovam booked a charge at the Antwerp prosecutor who arrested the vessel on the base of that charge (penal arrest).

The charge from Ovam and the arrest of the prosecutor were based on article 26 of the Council Regulation (EEC) N° 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community. In the meantime a second request from Ovam had been delivered to AWS in London with the demand to deliver a written confirmation, by means of a contract or agreement, that the ship would return to a European harbour after its final port of Madagascar as stated in the contract.

But the Belgian lawyer of AWS stated in a phone call to Ovam that it was impossible to submit contract that did not yet exist and that he would challenge the Belgian authorities for making unreasonable demands (See report of Ovam to the Minister).

A declaration from the insurance company of the Forthbank was delivered to the prosecutor on the evening of 21 December 1999. On the basis of this declaration the prosecutor lifted the penal arrest.

In a report to the Belgian Flemish Minister of Environment, the Flemish Waste Department Ovam writes; "in a letter to the Antwerp prosecutor, Ovam stated that the shipowners would be prosecuted, if in the coming weeks the Forthbank, after its departure from Madagascar, went straight to either India or any other non- OECD-country for demolition, without loading or unloading merchandise in an other OECD-country after Belgium…" In a letter to AWS, Ovam writes: "The Ministry of Environment in India or another non-OECD- country [then] has the right to refuse the ship and send it back to Antwerp."

The nature of the Belgian Government participation

The Belgian Basel Focal Point (the Flemish Waste Department Ovam) acted following a written complaint from Greenpeace Belgium. An inspector from Ovam and from the harbour police started a judicial investigation on board the Forthbank. A declaration of the captain was taken and two written demands were delivered to the owner, AWS, in London. Based on the unclear initial response from AWS (which was considered as a confirm nor deny answer) a report of the probable offence was made based on article 26 of the Council Regulation (EEC) N° 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community. This report of probable offence was delivered to the Antwerp public prosecutor who arrested the Forthbank for the time being.

The nature of the Belgian Government authorities is that they enforce the Council Regulation (EEC) N° 259/93 for ships bound for demolition in a non- OECD country. In the report from Ovam to the Minister, Ovam announced that they are considering systematically controling this kind of ships older than 25 years, when there are indications that Antwerp will be the final OECD-harbour.

Lloyd's List FrontPage 23 December 1999

Weir ship held after Greepeace scrap claim Nigel Tutt in Brussels

Environmental group Greenpeace has succeeded for the first time in having a ship arrested, albeit briefly, in Europe after alleging the vessel was to be scrapped illegally in India. However, the Antwerp prosecutor lifted the arrest order on the vessel yesterday after the British owner of the 26-year old Forthbank, Andrew Weir Shipping, told the prosecutor it had no plans to scrap the vessel.

"I have sympathy with the administration because they were misinformed. We were asked to refute what Greenpeace said," Andrew Weir Shipping's general manager Steve Churchill told Lloyd's List.

Greenpeace claims hazardous substances, such as heavy metals and asbestos in vessels, are sent to India in breach of the international Basel Convention, said Greenpeace spokesman Jan Turf. "We have been informed that this ship is planned to sail to Madagascar on a commercial voyage and then to India to be scrapped.
"Under the Basel Convention, scrapping is allowed but not toxic scrap and this ship, like all ships built in the early 1970's, contains a lot of polluted materials, heavy metals, asbestos, and PCBs," he said. "Our position is that those items have to be removed before it is scrapped. It can't be done in the Third World because they don't have the instruments. It has to be done in an OECD country."

Mr. Churchill refuted Greenpeace's allegations over the line's intentions for the 15,216-dwt vessel, which was built in 1973.

"Andrew Weir Shipping has not entered into any agreement to sell the Forthbank or to scrap the vessel in India or any other place of demolition. Following its current charter, we will review the situation. "

The company believes that Greenpeace based its demand to the Antwerp prosecutor on information from August 1998 on the company 's Internet Website, which was misinterpreted, he claimed. "It beggars belief, I have no instruction to go on the route of demolition. But I have been instructed to look for bidders. "I have had one bid, which was under the value of the ship" he said.

Letter from the Waste Department to Mr Hamilton of AWS re MV Forthbank

From: Ovam Opener Afvalstoffenmaatschappij voor het Vlaamse Gewest, Kan. De Deckerstraat 22- 26, B-2800 Mechelen.
Aan: AWS t.a.v. G. HAMILTON
Date: 23/12/1999
Subject: Forthbank

Dear Mr. Hamilton

If the Forthbank will go to India or another non- OECD- country, after departure from Antwerp as the last harbour of an OECD-country, for demolition, the Ministry of Environment in India or another non-OECD-country, has the right to refuse the ship and to send it back to Antwerp, according to art. 26 of the Council Regulation (EEC) N° 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community.
Yours sincerely

Luc Beckman's, Director

Report from the Waste Department to the Belgian Flemish Minister of environment explaining the measures taken against the Forthbank in Belgium.

This letter is in Dutch and has been summarised in point 1.

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