COP7 ADVANCE BRIEFING

-- SUPPLEMENT 2 --

Dear Basel Delegates:

>>> First we would like to call your attention to our website location where all of the BAN submissions relevant to COP7 can be found.  There you will find all BAN Briefing Papers updated with two new ones (On Shipbreaking and Basel Revisionism), as well.  We will be adding documents to this location up until the end of this week.  Please feel free to visit: http://www.ban.org/main/meetings.html

>>> Secondly, today we write with new and disturbing information that the shipping industry and countries that are fronting for it including the United States and Japan, are seeking to come in force to the Basel Convention seemingly with the intent to prevent its  mandate to conduct deliberations and make concrete decisions on the legal aspects of ships as waste. 

We have learned that at the recent meeting of the IMO's "Marine Environmental Protection Committee" (MEPC 52) that took place from 11-15 of October,  Japan proposed (and was supported by USA, by most flags-of-convenience states, and heavily applauded by the International Chamber of Shipping) to send a 'strongly worded' message to COP7 regarding the proposal under consideration at COP7 under which the 'Flag State' among others, is proposed to be regarded as a "State of Export" for the purposes of the application of the Basel Convention.  The objective of the 'strong' message was apparently to frighten the Basel Convention from regarding this issue and making any decisions.  This move was reported more diplomatically in the draft report of the meeting as follows:

"Japan, having stressed that the consideration of flag States responsibilities falls within the IMO competency, expressed the view that a firm decision should not be pursued at COP7 without the prior consultation with the Organization through the Joint ILO/IMO/BC Working Group on Ship Scrapping" (3.35 of MEPC 52/WP.13: Draft Report) ."

Greenpeace and others objected to the Japanese proposal which could further frustrate Basel's mandate (initiated at COP5 (decision V/28)) and ongoing process of legal clarification under the Basel Convention of the issue of the full and partial dismantling of ships. After lengthy discussions in the MEPC52 plenary and in the MEPC52 Working Group on Ship Recycling a "compromise" was reached and accepted by MEPC 52. This compromise letter which will come from IMO to Basel shortly, is worded in such a way that one interpretation can be that COP7 can do its normal work but still unfortunately can be interpreted as if only the Joint ILO/IMO/Basel working group of February 2005 can discuss the issue.  

We therefore can expect the shipping industry and their representatives to come again in large numbers to the Basel Convention to press for the latter interpretation and to derail Basel's work.  This would be unfortunate, unacceptable and vastly inappropriate.  Basel will of course keep open a dialogue with the ILO and IMO and continue constructive cooperation within the tripartite group, but cannot be disrupted from its mandate to work strictly within its competence (ships as waste).  One UN body can not dictate what another UN body y or may not do. This attitude does not respect the competence of the Conference of Parties to the Basel Convention to consider and regulate issues related to the clear application and raison d'etre of the Basel Convention.  The Basel Convention delegates will need to remain diplomatic but nevertheless resolved to do the much needed job of implementing the Basel Convention's principles and obligations with respect to ships. 

Sincerely yours,


Jim Puckett , Richard Gutierrez