Libera: Key requirements for ascertaining IHM Part I conformity

Liberia Maritime Authority issued a Marine Operations Note to provide information and practical guidance for shipowners, operators, recognized organizations and masters on a cost-efficient, streamlined and quality focused approach to the development and maintenance of inventories of hazardous materials (referred to as “the IHM”).

This is in accordance with Regulation 5 of the Hong Kong Convention and Article 12 of the EU Ship Recycling Regulation (EU SRR); and issuance of the International Ready for Recycling Certificate in accordance with Regulation 11 of the Hong Kong Convention.

From 1 April 2024, all surveys under The Hong Kong Convention of all ships in service registered or registering with Liberia will be conducted by the Administration.

Background

The Hong Kong Convention was adopted in 2009 to effectively address, in a legally binding instrument, the environmental, occupational health and safety risks related to ship recycling, taking into account the particular characteristics of maritime transport and the need to secure the smooth withdrawal of ships that have reached the end of their operating lives.

On 26 June 2023, Liberia ratified the Hong Kong Convention, thereby fulfilling the criteria for entry into force of the Convention. Upon entry into force on 26 June 2025, the Hong Kong Convention will require new ships and existing ships of 500 GT and above no later than 5 years after the entry into force of the
Convention, or before going for recycling, if this is earlier, to have onboard a valid International Certificate on IHM. The objectives of the IHM under the Hong Kong Convention is to document ship-specific information on the actual hazardous materials present on board in order to protect health and safety of the
crew, and to protect health and safety of workers at ship recycling facilities and avoid environmental pollution when the ship is going for recycling.

Note

In October 2023, IMO adopted a resolution including the 2023 Guidelines for the development of the Inventory of Hazardous Materials (IHM) to ensure compliance with regulation 5 of the Hong Kong Convention.

The European Parliament formally adopted the EU SRR on 22 October 2013. The EU SRR entered into force on 30 December 2013. The EU SRR requires all non-EU-flagged ships of 500 GT and above calling at EU ports; from 31 December 2020, to have onboard a valid IHM with a Statement of Compliance/International
Certificate in the format specified in Appendix I of this Marine Operations Note. The Statement of Compliance/International Certificate shall be annotated with a note that the IHM has been developed to cover also the requirements of EU Regulation No. 1257/2013 to confirm that due diligence and consideration has
been given to how the IHM is developed and controlled to cover both the requirements of the Hong Kong Convention and the EU SRR. Ships masters should be familiar with the requirements of this Note and should be able to present the same to Port State Control (PSC) officers when requested.

Considering the EU SRR is nearly aligned with the Hong Kong Convention and includes various references to the Hong Kong Convention and related Guidelines, the Liberian Administration has determined there are efficiencies to be gained through combining compliance inspections to avoid unnecessary duplication and
administrative burdens of multiple ship visits for Owners and Operators of Liberian flag ships. This will also ensure that after Liberia’s ratification of the Hong Kong Convention, the Liberian Administration will issue the International Certificate on IHM which may not require an additional shipboard inspection/survey.
Upon entry into force of the Hong Kong Convention or earlier if requested, the Administration will also issue the International Ready for Recycling Certificate prior to recycling and upon completion of the final survey.

Shipowners with ships calling at portsin the EU are therefore required to develop the IHM for approval prior arrival at any EU port and for ships calling ports around the world other than ports in the EU, shipowners are required to develop the IHM for approval prior to entry into force of the Hong Kong Convention on 26 June 2025; or before going for recycling, if this is earlier. To meet the requirements of the EU SRR there should be a reference in the International Certificate on IHM stating that the IHM has been developed to cover also the requirements of the EU SRR. This would entail that the IHM would include the classification of materials according to the IMO guidelines together with the addition of two hazardous materials (Perfluoro octane Sulfonic Acid -PFOS and Brominated Flame Retardant -HBCDD) required by the EU SRR.

Definitions

Accredited laboratory is a laboratory accredited in accordance with ISO 17025 or an equivalent standard for the purpose of conducting specific tests for hazardous materials included in the Hong Kong Convention including additional materials required under the EU SRR and capable of providing a written report that can be relied upon by all parties.

Hazardous Material means any material or substance which is liable to create hazards to human health and/or the environment. Hazardous Material survey is an investigation to trace and identify the presence or absence of Hazardous Materials contained in the equipment, systems, and/or areas on board a ship and may include review of any relevant documents, visual inspections and sampling.

The IHM consists of:

• Part I: Hazardous materials contained in ship structure or equipment, their location and approximate quantities and referred to in Appendices 1 and 2 of the Hong Kong Convention and clarify that the ship complies with the controls of ships hazardous materials;
• Prior to recycling – Part II: Operationally generated wastes; and
• Part III: Stores.

Annex 1 to the International Convention on the Control of Harmful Anti-fouling Systems on Ships, 2001 (AFS Convention) (Resolution MEPC.331(76)), introduced controls on cybutryne and entered into force on 1 January 2023, which resulted in a consequential revision of the Guidelines for the development of the Inventory of Hazardous Materials, Resolution MEPC.379(80).

In general, the guidelines in Resolution MEPC.379(80) provide sufficient information for the development of the IHM in relation to the hazardous material included in Appendices 1 and 2 of the Hong Kong Convention as well as an indicative list of these hazardous materials with CAS numbers and respective specific test methods. Therefore, for information on the hazardous materials included in appendices 1 and 2 of the Hong Kong Convention and in annexes 1 and 2 of the EU SRR, reference should be made to the IMO guidelines.

The following procedure should be followed for determination of Part I of the IHM:

• Collection of necessary information
• Assessment of collected information
• Preparation of Visual/Sampling Check Plan (VSCP);
• Onboard Visual/Sampling Check; and
• Preparation of Part I of the IHM and related documentation

Maintaining and updating Part I of the IHM during operations

The Hong Kong Convention requires that the shipowner maintain the IHM, throughout the operational life of the ship. If any machinery or equipment is added, removed or replaced or the hull coating is renewed, Part I of the IHM should be updated. Updating is not required if identical parts or coatings are installed or applied. Part I of the IHM should belong to the ship and the continuity and conformity of the information should be confirmed, especially if the flag, owner or operator of the ship changes.

Requirements for ascertaining the conformity of Part I of the IHM

The conformity of the IHM for new ships (or new installations on existing ships) should be ascertained by reference to the Supplier’s Declaration of Conformity and the related Material Declarations collected from suppliers at the design and construction stage. To enforce the delivery of Material Declarations, builders’ and operator’s purchase departments are strongly advised to include related clausesin the contracts with suppliers of equipment, systems and installations.

Material Declaration (MD)

Suppliers to the shipbuilding industry should identify and declare whether or not the materials listed in Appendices 1 and 2 of the Hong Kong Convention. However, this provision does not apply to chemicals which do not constitute a part of the finished product.

Information required in the MD

At a minimum the following information is required in the MD:

1. date of declaration;
2. MD identification number;
3. supplier’s name;
4. product name (common product name or name used by manufacturer);
5. product number (for identification by manufacturer);
6. declaration of whether or not the materials listed in Appendices 1 and 2 of the Hong Kong Convention are present in the product above the threshold value stipulated in reference (b); and
7.  mass of each constituent material listed in 6. above Suppliers Declaration of Conformity (SDOC)

The purpose of the Supplier’s Declaration of Conformity is to provide assurance that the related Material Declaration conforms to the information above, and to identify the responsible entity.

The SDOC should contain the following:

1. unique identification number;
2. name and contact address of the issuer;
3. identification of the subject of the Declaration of Conformity (e.g.name, type, model number, and/or other relevant supplementary information);
4. statement of conformity;
5. date and place of issue; and
6. signature (or equivalent sign of validation), name and function of the authorized person(s) acting on behalf of the issue
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