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Regulation 6 Internationaal Verdrag van Hongkong voor het veilig en milieuvriendelijk recyclen van schepen, 2009

DESIGN, CONSTRUCTION, OPERATION AND MAINTENANCE OF SHIPS

1 Any Party may propose an amendment to Appendix 1 and/or Appendix 2 in accordance with this regulation. The proposed amendment shall be considered within the Organization under Article 18 paragraph 2 and this regulation.

2 When the Organization receives a proposal, it shall also bring the proposal to the attention of the United Nations and its Specialized Agencies, intergovernmental organizations having agreements with the Organization and non-governmental organizations in consultative status with the Organization and shall make it available to them.

3 The Committee shall establish a technical group in accordance with regulation 7 to review proposals submitted in accordance with paragraph 1 of this regulation.

4 The technical group shall review the proposal along with any additional data, including decisions adopted by other international bodies regarding their lists of materials or hazardous substances, submitted by any interested entity, and shall evaluate and report to the Committee whether the Hazardous Material in question is likely, in the context of this Convention, to lead to significant adverse effects on human health or the environment such that the amendment of Appendix 1 or Appendix 2 is warranted. In this regard:

.1. The technical group’s review shall include:

.1.1. an evaluation of the association between the Hazardous Material in question and the likelihood, in the context of this Convention, that it will lead to significant adverse effects on human health or the environment based on the submitted data or other relevant data brought to the attention of the group;

.1.2. an evaluation of the potential risk reduction attributable to the proposed control measures and any other control measures that may be considered by the technical group;

.1.3. consideration of available information on the technical feasibility of control measures;

.1.4. consideration of available information on other effects arising from the introduction of such control measures relating to:

– the environment;

– human health and safety including that of seafarers and workers; and

– the cost to international shipping and other relevant sectors.

.1.5. consideration of the availability of suitable alternatives to the Hazardous Material to be controlled, including a consideration of the potential risks of alternatives;

.1.6. consideration of the risks posed by the Hazardous Material during the recycling process; and

.1.7. consideration of suitable threshold values and any useful or necessary exemptions.

.2. If the technical group finds that the Hazardous Material in question is likely, in the context of this Convention, to lead to significant adverse effects on human health or the environment, lack of full scientific certainty shall not be used as a reason to prevent the group from proceeding with an evaluation of the proposal.

.3 The technical group’s report shall be in writing and shall take into account each of the evaluations and considerations referred to in subparagraph .1, except that the technical group may decide not to proceed with the evaluations and considerations described in subparagraphs .1.2 to .1.7 if it determines after the evaluation in subparagraph .1.1 that the proposal does not warrant further consideration.

.4 The technical group’s report shall include, inter alia, a recommendation on whether international controls pursuant to this Convention are warranted on the Hazardous Material in question, on the suitability of the specific control measures suggested in the comprehensive proposal, or on other control measures which it believes to be more suitable.

5 The Committee shall decide whether to approve any proposal to amend Appendix 1 or Appendix 2, and any modifications thereto, if appropriate, taking into account the technical group’s report. Any proposed amendment shall specify the application of the amendment for ships certified in accordance with this Convention before the entry into force of the amendment. If the report finds that the Hazardous Material in question is likely, in the context of this Convention, to lead to significant adverse effects on human health or the environment, lack of full scientific certainty shall not be used as a reason to prevent a decision from being taken to list a Hazardous Material in Appendix 1 or Appendix 2. A decision not to approve the proposal shall not preclude future submission of a new proposal with respect to a particular Hazardous Material if new information comes to light.

Regeling
Internationaal Verdrag van Hongkong voor het veilig en milieuvriendelijk recyclen van schepen, 2009
Soort
Verdrag
Geldend vanaf
26-06-2025
BWB-id
BWBV0006256
Versie
2025-06-26_0

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