The Export of Waste by Sea

The problem of waste management is really a maritime one, insofar as the majority of objects observed at sea comes from the coast. There are reports of a “continent” in the Pacific Ocean made up of a mixture of various products (plastic bags, nets, cans…) and concentrated by the effect of sea currents. Sorting and recycling seems to be the only way to manage waste properly, but due to the lack of adequate infrastructures, states often have to export their waste by sea. A maritime trade has thus emerged, with specialized brokerage companies.

Legal Framework

The notion of waste is quite broad; indeed, one often thinks of plastic materials resulting from the use of disposable objects, but it can also be larger appliances (such as old household ones) or products containing residual hazardous materials (e.g. car batteries).

Legally, the export of waste is covered by the Basel Convention (1992) on « the control of international transports of waste and their disposal », which stemmed from the need to regulate the maritime transport of waste following a series of deliberate pollutions. Since 2002, hazardous waste such as hospital or radioactive waste must comply with IMDG regulations (International Maritime Dangerous Goods Code, published by the IMO). As such, there are specific follow-up and ad hoc management channels (towards recycling or final storage), in order to avoid their loss, damage or diversion for criminal purposes.

Observed practice and recent developments

The export of waste by sea (the cheapest way of transporting freight, to date) seems to have become the norm. A new industry was born out of such practice, given the immense quantities of waste produced each year by our societies.

In the wake of globalization, South-East Asian countries (China, Indonesia, Malaysia…) have become dumping grounds for the so-called “rich” states and brokerage companies have thus been able to take advantage of this opportunity. As such, China has recycled up to half (106Mt) of the world’s plastic waste, taking advantage of a poorly developed legislative framework. However, in 2018, the People’s Republic of China (PRC) decided to put an end to these imports, for the sake of compliance with global climate targets and, above all, a decline in the profitability of plastic recycling.

A victim of this side effect, Indonesia, became overwhelmed with containers and decided in November 2019 to return several containers of waste to France, claiming that they had been “illegally imported”. In the wake of this, the French Ministry of Ecology imposed the same year a fine of several hundred thousand euros to a company that had exported to Malaysia containers of waste that did not comply with international regulations because they were mixed together (domestic waste, plastics and hazardous waste, without proper identification).

What future for waste by sea?

With this new paradigm, the producer states have no solution while they are faced with an exponential production of waste. The shipping of waste continues however, particularly in France: indeed, the overseas territories (DROM/COM) need to export garbage towards the mainland, as they are not equipped with reprocessing facilities.

This specific issue and the notion of « territorial continuity » implies that the 1992 Convention does not apply to shipping companies involved in this task. Nevertheless, one can see that ship-owners are trying to minimize their reputational risk on this topic. Indeed CMA-CGM, the third largest global shipping company, announced during the « One Planet Summit » in February 2022 that it would stop transporting waste on board its ships by next summer. As for the decommissioned warships, the trend is to stop sending them abroad and instead work on domestic or European solutions. For example, France has recently sent her older ships to Belgium to undergo a green decommissioning process.

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