Hazardous Substances Checks
before Anchoring and Beaching Approvals for Ship Breaking
[Ref:
F.No. 405/2/2001-Cus.III dated 4th August
2012]
Subject:
Order of the Supreme Court in Writ Petition (Civil) No. 657 of 1995 in the
matter of Research Foundation for Science, Technology & Natural Resource
Policy Vs Union of India (UOI), relating to
Ship-breaking.
Kind attention is invited to the Hon’ble Supreme Court order dated 06.07.2012 and 30.07.2012
in the Writ Petition No. 657 of 1995 relating to Ship Breaking. At present
in India the ship breaking activity is regulated by the directives of the
Supreme Court of India in their ruling in W.P. (Civil) No. 657 of 1995 vide Order
dated 6th September, 2007. A draft Ship Recycling Code is being formulated by
the Ministry of Steel, in terms of: (i) the directions contained in the Supreme
Court Order of 2007, (ii) the recommendations of Technical Experts Committee
(set up by the Supreme Court), and; (iii) the requirements of various
stakeholders, which include the concerned Ministries/ Departments, Port
authorities, Pollution Control Boards and Recycling Industry.
2. The
proposed Ship Recycling Code is aimed at ensuring that ships, when being
recycled after reaching the end of their operational lives do not pose any
unnecessary risk to human health and safety or to the environment. However,
until the code comes into play, various recommendations of the CTE shall be
operative by virtue of the Hon’ble Supreme Court
order dated 6th September, 2007. As directed by the
Hon’ble Supreme Court vide the said order, the
officials of Gujarat Maritime Board alongwith
officials of the Gujarat Pollution Control Board, the Customs Department, National
Institute of Occupational Health and Atomic Energy Regulatory Board shall
oversee the ship breaking arrangements and implementation of the
recommendations of CTE until further orders. The Collector of the concerned
District shall be associated when the actual dismantling takes place. These
authorities shall also vet the documents mentioned in various chapters of the
report to be submitted by the ship owner for the purpose of grant of permission
for ship breaking.
3. In
this regard the following instructions are issued for guidance and compliance
by the field formations:
I. As per para
3.1 of the Supreme Court’s order dated 06.09.2007 the ship owner / recycler/
importer should submit the following documents well on advance of the arrival
of the ship for recycling for desk review by the Gujarat Maritime Board (GMB)
in consultation with Gujarat Pollution Control Board (GPCB) and Customs
Department: (a) Name of the Ship, (b) IMO Identification No. (c) Flag (d) Call
Sign (e) Name of the Master of the ship and his nationality (e) List of the
crew (f) GRT / NRT /LDT of the ship with supporting documents.
Assessment of hazardous waste / hazardous substances: In the
structure of the ship, and on Board as far as practicable by reference to the
ship’s drawings, technical specifications, ship’s stores, manifest, in
consultation with the ship builder, equipment manufactures and others as
appropriate. In the case of ships of special concern, in addition to
identification and marking of all areas containing hazardous waste/ substances
would also be necessary.
II. On
receipt of all the documents listed in A.I above, from the ship owner /
recycler / importer, the proper authorised officer of Customs will undertake
the desk review for recommending permission for anchorage to GMB within two
working days. While doing the said officer should keep in there under, other
instructions issued under the Standing Orders / Public Notices and other allied
Acts, from time to time.
III. In
case, the ship is permitted for anchoring, the proper authorised officer of
Customs shall forward the Desk Review report/opinion to the Port Officer, GMB, alongwith a copy of thereof to the ship owner / recycler
/importer. In case of refusal for anchoring of the ship, the proper authorised
officer of Customs shall forward the desk review report / opinion, assigning
specific reasons for such refusal to the port officer, GMB with a copy thereof
to the ship owner / recycler / importer. He shall also send a copy of the desk
review report / opinion to the jurisdictional Assistant Commissioner / Deputy
Commissioner of Customs.
IV. In
case the ship owner /recycler / importer feels aggrieved by the refusal for
anchoring, he may file review application before the concerned Assistant
Commissioner / Deputy commissioner, Customs, who shall dispose of the review
application within three working days from the date of receipt of review
application. Assistant Commissioner / Deputy Commissioner may hear the Ship
owner / recycler / importer personally, if they so desire. In case, the ship
owner / recycler/ importer feels aggrieved by the order of review passed by the
Assistant Commissioner / Deputy Commissioner he may file an appeal before joint
/ Additional Commissioner in charge, shall dispose of the same within a period
of five working days from the date of receipt of appeal, after dully following
the principles of natural justice.
I. The
modalities of beaching permission is discussed in para
3.2 of Hon’ble Supreme Court Order. At the anchorage
the ship should be boarded by officers of Customs and the Customs officer
should physically verify the data / submissions provided by the ship owner /
importer, which was submitted for desk review along with representatives of
other agencies. On the basis of verification report submitted by the boarding
officer, proper authorised officer of Customs in charge shall decide whether
the ship can be permitted for beaching or not. Before giving the permission for
beaching the proper authorised officer of Customs shall keep in mind all
relevant provisions of Customs Act, 1962, Rules and Regulations made there
under and Standing Orders and Public Notices issued on the subject of ship
breaking and other relevant allied acts from time to time.
II. In
case, the ship is permitted for beaching, the proper authorised officer of
Customs in charge shall forward his report / opinion to the port Officer, GMB, alongwith a copy thereof to the ship owner / recycler /
importer. In case the proper authorised officer of Customs refuse permission
for beaching, he should forward his report with specific reasons for such
refusal to port Officer of GMB and shall endorse a copy of this report to
jurisdictional Assistant Commissioner/ Deputy Commissioner, Bhavnagar and Ship
Owner / Recycler importer. In case the ship owner / recycler / importer feels
aggrieved by the decision of proper authorised officer of Customs the ship
Owner / Recycler / Importer he may file review application before
jurisdictional Assistant Commissioner / Deputy Commissioner, who shall pass
order on review application within 3 days from the receipt of review
application after dully following the principles of natural justice.
III. If
the Ship Owner / Recycler / Importer feel aggrieved by the review order passed
by the jurisdictional Assistant Commissioner/ Deputy Commissioner, he may file
appeal before the jurisdictional Additional Commissioner/ Joint Commissioner,
who shall dispose the application within a period of five working days from the
date of receipt of appeal, application after dully following the principles of
natural justice.
IV. In
case of ships of special concern i.e. ships which are mentioned in Para 3 of
the Supreme Court judgment, the proper authorised officer of Customs should
himself participate in the boarding and process of physical verification of the
data / submissions provided by the ship owner / recycler / importer which was
submitted for desk review along with representatives of other agencies. The
proper authorised officer of Customs should submit his verification report to
the jurisdictional Assistant Commissioner / Deputy Commissioner. The permission
for beaching of the special concern vessels should be accorded by the
jurisdictional Assistant Commissioner / Deputy Commissioner after considering
the verification report received. In such cases, the process of review and
appeal shall be carried about by the jurisdictional Joint / Additional
Commissioner.
C. The
jurisdictional Assistant Commissioner/ Deputy Commissioner, and the proper
authorised officer of Customs, shall also associate with the other agencies in
overseeing the ship-breaking arrangements and implementing the recommendations
of CTE as directed by the Hon’ble Supreme Court until
further orders.
4. All
concerned authorities shall ensure strict compliance of the Hon’ble
Supreme Court Orders and the procedure laid down in the order dated 06.09.2007,
before permitting entry of any vessel into Indian Territorial Waters for
breaking purposes.
5. Difficulty,
if any, faced in implementation of these instructions may be brought to the
notice of the Board immediately.