Was Alang on Headley's to-bomb list?

Bhavnagar/Ahmedabad: A team of Federal Bureau of Investigation (FBI) of US is likely to visit Alang on Tuesday to survey spots where terror mastermind David Headley and his associate Tahawwur Hussain Rana allegedly visited while planning terror attacks.

While officials were tightlipped about any such development, sources said the team of FBI officials is expected to visit sites in Alang, famous for ship-breaking yards, which Headley and Rana had visited, while planning terror attacks. Among other places in the state, Headley had visited Ahmedabad and Surat last year. When contacted, Gujarat ATS chief Ajay Tomar denied having information about FBI sleuths' visit.

Both Headley and Rana, believed to have links with Lashkar-e-Toiba, were arrested by FBI last month for plotting terror attacks in India. Their involvement in Mumbai and other terror attacks in the country is being probed by law enforcement agencies.

According to sources, the National Investigation Agency (NIA), formed in the wake of 26/11 Mumbai terror attack, had also stayed put in the state for three days last week to survey various spots the terror masterminds are believed to have visited to identity possible targets for their next strikes.

Meanwhile, Bhavnagar police conducted one of its biggest combing operations in over two decades in Alang, on Saturday night. This was following intelligence inputs to check the area for doubtful visits of Pakistani nationals and Bangladeshi intruders.

Nearly 350 police personnel searched more than 3500 shelters of workers employed in ship-breaking units in Alang as part of the operation.

When contacted, Superintendent of Police (SP) Bhavnagar, Rajendra Asari, said, "Migrant labourers coming from Assam, Orissa, Bihar and Jharkhand are working in Alang. The purpose of combing was to trace out illegal intruders from other countries, who might be staying as labourers." However, he said that no person was booked during the operation.

Sources said police was zeroing in on people who might have links with Naxalite movement as many workers in Alang hail from states where the movement is active.

Mehboob Kureshi & Vivek Vijayapalan / DNA
Tuesday, November 24, 2009

Ship-breakers asked to maintain register of Alang workers

AHMEDABAD: Bhavnagar's Alang ship-breaking yard, considered to be one of the biggest in Asia, is in terror crosshairs, feel intelligence officials.

To strengthen security of the coastal area, district police officials have issued a notification to maintain a proper register of the workers at various ship-breaking plots with immediate effect.

According to state police, they are taking the threat from the sea seriously. Alang, as an industry itself, employs over 40,000 workers from other states. According to officials, terrorists can tap this resource by disguising themselves as sundry workers to gather intelligence or use them for the purpose.

Bhavnagar police has asked the ship-breakers and state maritime board officials to keep a register temporary and permanent with details, including name, permanent address, age, native, identification mark, employer and a photograph.

Source said that a combing operation has been undertaken by police and intelligence agencies officials from Saturday where a number of workers have been screened for their record.

Rajendra Asari, superintendent of police, Bhavnagar, told TOI that once the record is compiled, cops can check physical presence during a surprise check and verify it with the employer. "At the moment, it is difficult to screen every person as it would take a lot of time. There is no official system in place. With the new system, data can be compiled and updated at regular basis," he said.

Cops added that a number of activities have taken place earlier at the breaking yard that makes the place vulnerable. "It has national links ships come from all over the world for breaking and we have found goods such as cocaine and ivory from the coastal town in recent past," said the official.

New coastal police station to come up at Alang

Bhavnagar district has 160-km coastline and a police chowky of marine police. Bhavnagar police indicated a recent development where Alang will be provided with a police station of marine police. As part of strengthening coastal security, a number of places have been selected to establish police base, said senior state police officials.

Prashant Dayal,
The Times of India
24 November 2009

Like US dead ship, Barracuda-I, its Tug too not Registered with Kiribati Ship Registry

Note:As per Gujarat Pollution Control Board (GPCB)Inspection Reports and other documents submitted by GPCB and Gujarat Maritime Board (GMB) to Central Technical Team constituted by Union Ministry of Environment & Forests, the US ship named ‘Platinum-II’ (SS Oceanic, SS Independence)is named D.V. Platinum-II (IMO No. 5160180), which was towed by Tug – Barracuda-I from Dubai (the abbreviation D.V stands for Dead Vessel). The name of the Tug that towed Platinum-II is Barracuda-I (IMO No. 6717019). The name of the Master of Tug is Capt. Arun Kumar Das, who is an Indian citizen.

It has reportedly been claimed by the "present owner"(?) that the tug was registered with Kiribati Ship Registry. The latest information (given below) received today makes it clear that like the Platinum-II ship even its Tug Barracuda-I too is not registered with the Kiribati Ship Registry.

Despite the order of the Union Environment Ministry on US Ship "Platinum -II", dated November 9th, 2009, the ship is still at the Anchorage Point at Bhavnagar, Gujarat. The order is available here: http://moef.nic.in/downloads/public-information/Office%20Memorandum_ship.pdf

Indian government's central committee's report on the ship mentioned above is available at http://moef.nic.in/downloads/public-information/Final_Plantinum-II_Report.pdf
and its annexures which has documents of registry are available at
http://moef.nic.in/downloads/public-information/Annexures_Platinium.pdf

On Sat, Nov 28, 2009 at 7:32 AM, Liau Siew Leng wrote:

Dear Mr Gopal,

Please be advised Barracuda-I (IMO No. 6717019) is not registered with
Kiribati Ship Registry.

Best regards
Liau Siew Leng


Operation Manager
Kiribati Ship Registry
10 Anson Road
#25-02 International Plaza
Singapore 079903

-----Original Message-----
From: Gopal Krishna [mailto:krishnagreen@gmail.com]
Sent: Thursday, November 26, 2009 6:18 PM
To: Liau Siew Leng
Subject: Re: Inquiry about "Platinum-II", the Dead US ship

Dear Mr Liau Siew Leng,

Please excuse me for troubling you again. I wish to know whether
Barracuda-I (Name of a Tug) with IMO No. 6717019 is registered with
Kiribati Ship Registry.

warm regards
Gopal Krishna
Indian PLatform on Shipbreaking
New Delhi
Mb: 9818089660
Skype id: witnesskrishna
E-mail: krishnagreen@gmail.com
Blog: imowatch.blogspot.com

Who Owns Platinum II (SS Oceanic, SS Independence)

Komal Kant Sharma, the owner of Leela Ship Recycling Pvt Ltd had offered to buy the convicted and dead US ship Platinum II (SS Oceanic, SS Independence) for $4.85 million and he was awaiting various clearances before making the payment. The ship still had a US flag painted on its chimney. Now Sharma says, “I have now told my agent about my rethink on buying the ship and it is up to the present owner to decide on its fate.”

Mr Vishnu Kumar Gupta, President, Alang Ship Recycling Industries Association, Bhavnagar notes that there is controversy over ownership. The Republic of Kiribati, where the ship was claimed to be registered has clarified that the papers filed with Indian authorities by the ship-owners were fake.

In 1951, the 18,500-tonne ship, originally known as SS Independence and then SS Oceanic, registered in the US, underwent many changes until it surfaced as Platinum II. In September 2009, it was reportedly registered in the Republic of Kiribati, an island-nation in the Pacific Ocean, in the name of Platinum Investment Services Corporation, Liberia. The US Environmental Protection Agency (USEPA) had levied penalties of $518,500 against Global Shipping LLC and its affiliate Global Shipping Marketing Systems Inc for ‘exporting’ the controversial ship for disposal outside the US, in violation of various laws. In February 2008, it was towed out of US territorial waters. When it anchored off Gopnath, 40 nautical miles from Alang coast, on October 7, 2009.

The central government has asked Gujarat Maritime Board to probe allegations that the ship had been brought into India with a falsified flag and registry, the environmental groups are demanding an inquiry Central Bureau of Investigation because GMB does not have the competence to deal with cases of fraudulent and criminal misrepresentation.

How 16 ships create as much pollution as all the cars in the world

With an estimated 800 million cars driving around the planet, that means 16 super-ships can emit as much sulphur as the world fleet of cars.

Last week it was revealed that 54 oil tankers are anchored off the coast of Britain, refusing to unload their fuel until prices have risen.

But that is not the only scandal in the shipping world. Today award-winning science writer Fred Pearce – environmental consultant to New Scientist and author of Confessions Of An Eco Sinner – reveals that the super-ships that keep the West in everything from Christmas gifts to computers pump out killer chemicals linked to thousands of deaths because of the filthy fuel they use.

We've all noticed it. The filthy black smoke kicked out by funnels on cross-Channel ferries, cruise liners, container ships, oil tankers and even tugboats.

It looks foul, and leaves a brown haze across ports and shipping lanes. But what hasn’t been clear until now is that it is also a major killer, probably causing thousands of deaths in Britain alone.

As ships get bigger, the pollution is getting worse. The most staggering statistic of all is that just 16 of the world’s largest ships can produce as much lung-clogging sulphur pollution as all the world’s cars.

Because of their colossal engines, each as heavy as a small ship, these super-vessels use as much fuel as small power stations.

But, unlike power stations or cars, they can burn the cheapest, filthiest, high-sulphur fuel: the thick residues left behind in refineries after the lighter liquids have been taken. The stuff nobody on land is allowed to use.

Thanks to decisions taken in London by the body that polices world shipping, this pollution could kill as many as a million more people in the coming decade – even though a simple change in the rules could stop it.

There are now an estimated 100,000 ships on the seas, and the fleet is growing fast as goods are ferried in vast quantities from Asian industrial powerhouses to consumers in Europe and North America.

The recession has barely dented the trade. This Christmas, most of our presents will have come by super-ship from the Far East; ships such as the Emma Maersk and her seven sisters Evelyn, Eugen, Estelle, Ebba, Eleonora, Elly and Edith Maersk.

Each is a quarter of a mile long and can carry up to 14,000 full-size containers on their regular routes from China to Europe.
Tankers moored at Lyme Bay, Devon

Waiting game: Tankers moored off Devon waiting for oil prices to rise even further

Emma – dubbed SS Santa by the media – brought Christmas presents to Europe in October and is now en route from Algeciras in Spain to Yantian in southern China, carrying containers full of our waste paper, plastic and electronics for recycling.

But it burns marine heavy fuel, or ‘bunker fuel’, which leaves behind a trail of potentially lethal chemicals: sulphur and smoke that have been linked to breathing problems, inflammation, cancer and heart disease.

James Corbett, of the University of Delaware, is an authority on ship emissions. He calculates a worldwide death toll of about 64,000 a year, of which 27,000 are in Europe. Britain is one of the worst-hit countries, with about 2,000 deaths from funnel fumes. Corbett predicts the global figure will rise to 87,000 deaths a year by 2012.

Part of the blame for this international scandal lies close to home.

In London, on the south bank of the Thames looking across at the Houses of Parliament, is the International Maritime Organisation, the UN body that polices the world’s shipping.

For decades, the IMO has rebuffed calls to clean up ship pollution. As a result, while it has long since been illegal to belch black, sulphur-laden smoke from power-station chimneys or lorry exhausts, shipping has kept its licence to pollute.

For 31 years, the IMO has operated a policy agreed by the 169 governments that make up the organisation which allows most ships to burn bunker fuel.

Christian Eyde Moller, boss of the DK shipping company in Rotterdam, recently described this as ‘just waste oil, basically what is left over after all the cleaner fuels have been extracted from crude oil. It’s tar, the same as asphalt. It’s the cheapest and dirtiest fuel in the world’.

Bunker fuel is also thick with sulphur. IMO rules allow ships to burn fuel containing up to 4.5 per cent sulphur. That is 4,500 times more than is allowed in car fuel in
the European Union. The sulphur comes out of ship funnels as tiny particles, and it is these that get deep into lungs.

Thanks to the IMO’s rules, the largest ships can each emit as much as 5,000 tons of sulphur in a year – the same as 50million typical cars, each emitting an average of 100 grams of sulphur a year.

With an estimated 800million cars driving around the planet, that means 16 super-ships can emit as much sulphur as the world fleet of cars.
Enlarge Fleet Routes


A year ago, the IMO belatedly decided to clean up its act. It said shipping fuel should not contain more than 3.5 per cent sulphur by 2012 and eventually must come down to 0.5 per cent. This lower figure could halve the deaths, says Corbett.

It should not be hard to do. There is no reason ship engines cannot run on clean fuel, like cars. But, away from a handful of low-sulphur zones, including the English Channel and North Sea, the IMO gave shipping lines a staggering 12 years to make the switch. And, even then, it will depend on a final ‘feasibility review’ in 2018.

In the meantime, according to Corbett’s figures, nearly one million more people will die.

Smoke and sulphur are not the only threats from ships’ funnels. Every year they are also belching out almost one billion tons of carbon dioxide. Ships are as big a contributor to global warming as aircraft – but have had much less attention from environmentalists.

Both international shipping and aviation are exempt from the Kyoto Protocol rules on cutting carbon emissions. But green pressure is having its effect on airlines. Ahead of next month’s Copenhagen climate talks, airlines have promised to cut emissions by 50 per cent by 2050.

But shipping companies are keeping their heads down. A meeting of the IMO in July threw out proposals from the British Chamber of Shipping, among others, to set up a
carbon-trading scheme to encourage emissions reductions.

Amazingly, they pleaded poverty. Two-thirds of the world’s ships are registered in developing countries such as Panama. These are just flags of convenience, to evade tougher rules on safety and pay for sailors.

But at the IMO, governments successfully argued that ships from developing countries should not have to cut carbon emissions. IMO secretary-general Efthimios Mitropoulos insisted: ‘We are heavily and consistently engaged in the fight to protect and preserve our environment.’ Yet without limits, carbon emissions from shipping could triple by 2050.

The failure brought calls for the IMO to be stripped of its powers to control the world’s ships. Colin Whybrow, of Greenwave, a British charity set up to campaign for cleaner shipping, says: ‘The IMO is drinking in the last-chance saloon.’

Burning low-sulphur fuel won’t cut carbon emissions from ships. But there are other ways. More efficient engines could reduce emissions by 30 per cent, according to British marine consultant Robin Meech.

Cutting speed could reduce emissions by as much again. And there are even wackier ways, such as putting up giant kites to harness the wind as in the days of sailing ships.

However you look at it, the super-ships are rogues on the high seas, operating under pollution standards long since banished on land; warming the planet and killing its inhabitants. Santa’s sleigh, they are not.

Robert Pedersen, of Maersk, said: ‘The sulphur content varies according to where you get your fuel. Our average sulphur content is, I believe, 2.5 per cent. It’s rather rare you get anything close to 4.5 per cent.’ He added that ‘the sulphur issue is one for the whole industry’ and that there would be a ‘huge cost implication’ to switch to cleaner fuel.

By Fred Pearce

Pearce is an environmental consultant to New Scientist magazine

Daily Mail

P.S: Earlier, on World Maritime Day, 22 September, 2009 has celebrations with its theme ‘climate change, a challenge to IMO (International Maritime Organisation) too.’ Principal Officer and Joint Director-General of Shipping, Mercantile Marine Department, M. P. John, delivered the presidential address during the celebrations, organised at the Merchant Navy Club auditorium on Willingdon Island.

He raised the question what the shipping industry could do to reduce greenhouse gas emissions as about 3.3 per cent of the global emission in 2007 was accounted for by the shipping industry. Through technical and operational measures emission from ships can be reduced 75 per cent, he said. And, “use of LNG as fuel can alone reduce emission of CO2 by 25 per cent and nitrous oxide by 90 per cent,” he said.

Prof. K. A. Simon, director, KM School of Marine Engineering, CUSAT; C. J. Mathew, Development Commissioner, Cochin Special Economic Zone; P. V. Joseph, Professor Emeritus, CUSAT and Paul N. Joseph, Deputy Conservator, Cochin Port Trust, were among those who spoke at the function.

Letter to Environment Minister

To

The Union Environment Minister
Government of India

Dear Sir,

This is to put on record my deep appreciation for the efforts put at your end in deciding the case of dumping of dead US toxic ship Platinum II (SS Oceanic, SS Independence) in Indian waters at Gujarat's Bhavnagar coast. The consistent follow up at your end has ensured that the valued principles of environment has been protected. These endeavours have restored the exemplary precedent set by our Supreme Court in the Le Clemenceau, the French ship matter.

Your order has re-established precautionary principles which were eroded earlier by the previous regime under the negative influence of some officials.

Notably, there has been a major change in Gujrat Maritime Board. Atanu Chakraborty, Vice Chairman & Executive Officer of Gujarat Maritime Board (GMB) has been transferred and B K Sinha is new Principal Secretary (PS) of Ports & Transport department replacing H K Dash. I think its a fall out of the order from the Environment Ministry. Besides IANS, a news agency has issued a release today suggesting that GMB has started a probe in the matter of dubious ownership of the dead US ship, Platinum II.

Your order has established that post September 6, 2007 order of the Supreme Court, the post of registry of most of some 200 ships have not been properly investigated before desk clearance. It creates a compelling logic to do so now both with regard to previous ships and any new ship in future. I think there is a need to hand over the probe to the Central Bureau of Investigation. There is a need for ordering the investigation of the port of registry of all the dead ships that came at Alang after the somewaht ambiguous order of the Supreme Court dated September 6, 2007 and September 11, 2007 (apparently undermining the order of 14th October, 2003).

Earlier, the intelligence reports had mentioned that the GMB regulations seem to allow dead ships innocent passage through the entire stretch of Indian waters unscrutinized by the security agencies. Besides environmental security, maritime security, national security also seems to be a casualty. The minutes of the Inter-ministerial committee on shipbreaking (constituted by the Supreme Court) refers to security threats from the Alang based industry. It merits your attention as well.

You have given an unequivocal message that you would not let any agency compromise with the security of our environmental borders.

thanks & regards
Gopal Krishna

Letter to Home MInister

To

The Home Minister
Government of India

Subject-Request for Inquiry into Platinum II (formerly Oceanic, Independence) & documents of dead ships that entered Alang waters post September, 2007

Sir,

Pursuant to my earlier letter on the specific issue of security concerns emanating Alang beach, I am writing to inform you about the US flagged vessel called the Oceanic (IMO No. 5160180) that is said to be reflagged under Kiribati registry as of September 30, 2009 under the name Platinum II or D.V. Platinum II (formerly SS Oceanic, SS Independence).

I am requesting you to inquire into the documents of this ship in particular and all the ships that entered Alang waters post September 6, 2007 order of the Indian Supreme Court.

I am an applicant in the Supreme Court of India in the hazardous wastes case. I had sent a letter to the Union Ministry of Environment & Forests in the matter of a US flagged vessel called the Platinum II (formerly Oceanic, Independence) with IMO No. 5160180. I had written to the concerned US authorities as well.

In response to my letter about the ship in question, the Union Government's central inspection team's report on the ship mentioned above is available at http://moef.nic.in/downloads/public-information/Final_Plantinum-II_Report.pdf and its annexures which has documents of claimed registry are available at
http://moef.nic.in/downloads/public-information/Annexures_Platinium.pdf

On page 9. of the 23rd October, 2009 Report of the Central Technical Team constituted by Ministry of Environment & Forests on the inspection of Ship “Platinum-II” anchored at Bhavnagar Anchorage Point, Gujarat, India, it is submitted that "the Ship does not have any national flag though USA flag was found painted on Chimney. The ship is of 1951 make and as per Lloyds Register ( Annex: VI) ; its original name was Independence as registered in USA. The name has been undergone changes thereafter and its present name is Platinum-II as registered in-Republic of Kiribati in September, 2009 in the name of M/s Platinum Investment Services Corporation at 80, Broad Street, Monrovia, Liberia."

Following my letter dated 7 Nov 2009, an order was issued by the Union Ministry of Environment & Forests (MoEF) established that post September 6, 2007 order of the Supreme Court, the post of registry of most of some 200 ships have not been properly investigated before desk clearance. It creates a compelling logic to do so now both with regard to previous ships and any new ship in future.The order Office Memorandum on US Ship "Platinum -II", Dated November 9th, 2009 is also availble on the website of the Ministry of Environment & Forests: http://moef.nic.in/index.php

It is noteworthy that the order categorically states, the order on the issue in question has been passed "with the approval of the Minister of State (Independent Charge) of Environment & Forests", Mr Jairam Ramesh and refers to allegations of fake documents which needs to be looked into.

Earlier, there has been newspapers referring to intelligence reports mentioning that the Gujarat Maritime Board regulations seem to allow dead ships innocent passage through the entire stretch of Indian waters unscrutinized by the security agencies. Besides environmental security, maritime security, national security also seems to be a casualty. Also minutes of the Inter-ministerial committee on shipbreaking available on the website of Union Steel Ministry refers to security threats from the Alang based industry.

The order of MoEF and its report emerged in response to the letters written by me to the Indian and the US authorities.

The US ship in question left US shores in February, 2008. US law requires US Maritime Administration (MARAD) to give approval to dead ships for any reflagging for scrap purposes. It is clear from the documents in public domain that two laws have been violated. The US Maritime Law and likely Indian Maritime Law. It must be illegal for a ship to be brought into India with a falsified flag and registry. What is quite glaring is the motivated connivance on the part of the US Maritime Administration. We are aware that more than 300 dead and toxic ship are waiting to be dumped in countries like India. MARAD seems to be attempting to engineer a precedent so that the rest of the hazardous ships can be shifted to India in order to help ship owners escape decontamination cost.

I had written a letter to Liau Siew Leng Operation Manager, Kiribati Ship Registry, Singapore with copies marked to concerned officials in Union Environment Ministry & Forests and Union Steel Ministry to confirm ship's registry who responded back with documentary proof that the ship in question is not registered with Kiribati Ship Registry. Notably, US Environment Protection Agency (USEPA) has already penalized teh ship for violating its US Toxic Substances Control Act. The USEPA order dated 28 January, 2009 available at http://www.ban.org/Library/Global_CAFO.pdf that has barred the ship Platinum II (formerly SS Oceanic, SS Independence) from leaving US waters for scrapping of the ship. The USEPA statement dated 29th January, 2009 on the conviction of the ship is available at http://yosemite.epa.gov/opa/admpress.nsf/ab2d81eb088f4a7e85257359003f5339/8e2829ba962e93528525754d0061d10c!OpenDocument

If our environment ministry's order dated 9th November, 2009, USEPA statement dated 29th January, 2009 and the fake and sample of original documents submitted (attached) to all the concerned officials are taken cognisance of, it would emerge that the dead US ship must be asked to leave Indian waters in the same way as had happened in the case of the French ship Le Clemenceau.

Also the entire episode seems to build up a case for the investigation of documents of more than 200 ships that came to Alang (post September 6, 2007 order of the Supreme Court) to stop this malpractice and to bring the culprits who are making fake certificates of the post of registry and the connving officials to book.

I would be happy to share more information if required.

warm regards
Gopal Krishna

Letter to CBI, Gandhinagar

Request for Inquiry into Platinum II (formerly Oceanic, Independence) & documents of dead ships that entered Alang waters post September, 2007


To

ACB Gandhinagar
Gujarat
Pin- 382010

Subject-Request for Inquiry into Platinum II (formerly Oceanic, Independence) & documents of dead ships that entered Alang waters post September, 2007

Sir/Madam,

I am writing to inform you about the US flagged vessel called the Oceanic (IMO No. 5160180) that is said to be reflagged under Kiribati registry as of September 30, 2009 under the name Platinum II or D.V. Platinum II (formerly SS Oceanic, SS Independence). I am requesting you to inquire into the documents of this ship in particular and all the ships that entered Alang waters post September 6, 2007 order of the Indian Supreme Court.

I am an applicant in the Supreme Court of India in the hazardous wastes case and I had sent a letter to the Union Ministry of Environment & Forests in the matter of a US flagged vessel called the Platinum II (formerly Oceanic, Independence) with IMO No. 5160180. I had written to the concerned US authorities as well.

In response to my letter about the ship in question, the Union Government's central inspection team's report on the ship mentioned above is available at http://moef.nic.in/downloads/public-information/Final_Plantinum-II_Report.pdf and its annexures which has documents of claimed registry are available at
http://moef.nic.in/downloads/public-information/Annexures_Platinium.pdf

On page 9. of the 23rd October, 2009 Report of the Central Technical Team constituted by Ministry of Environment & Forests on the inspection of Ship “Platinum-II” anchored at Bhavnagar Anchorage Point, Gujarat, India, it is submitted that "the Ship does not have any national flag though USA flag was found painted on Chimney. The ship is of 1951 make and as per Lloyds Register ( Annex: VI) ; its original name was Independence as registered in USA. The name has been undergone changes thereafter and its present name is Platinum-II as registered in-Republic of Kiribati in September, 2009 in the name of M/s Platinum Investment Services Corporation at 80, Broad Street, Monrovia, Liberia."

Following my letter dated 7 Nov 2009, an order was issued by the Union Ministry of Environment & Forests (MoEF) established that post September 6, 2007 order of the Supreme Court, the post of registry of most of some 200 ships have not been properly investigated before desk clearance. It creates a compelling logic to do so now both with regard to previous ships and any new ship in future.The order Office Memorandum on US Ship "Platinum -II", Dated November 9th, 2009 is also availble on the website of the Ministry of Environment & Forests: http://moef.nic.in/index.php

It is noteworthy that the order categorically states, the order on the issue in question has been passed "with the approval of the Minister of State (Independent Charge) of Environment & Forests", Mr Jairam Ramesh and refers to allegations of fake documents which needs to be looked into.

Earlier, there has been newspapers referring to intelligence reports mentioning that the Gujarat Maritime Board regulations seem to allow dead ships innocent passage through the entire stretch of Indian waters unscrutinized by the security agencies. Besides environmental security, maritime security, national security also seems to be a casualty. Also minutes of the Inter-ministerial committee on shipbreaking available on the website of Union Steel Ministry refers to security threats from the Alang based industry.

The order of MoEF and its report emerged in response to the letters written by me to the Indian authorties and the US authorities.

The US ship in question left US shores in February, 2008. US law requires US Maritime Administration (MARAD) to give approval to dead ships for any reflagging for scrap purposes. It is clear from the documents in public domain that two laws have been violated. The US Maritime Law and likely Indian Maritime Law. It must be illegal for a ship to be brought into India with a falsified flag and registry. What is quite glaring is the motivated connivance on the part of the US Maritime Administration. We are aware that more than 300 dead and toxic ship are waiting to be dumped in countries like India. MARAD seems to be attempting to engineer a precedent so that the rest of the hazardous ships can be shifted to India in order to help ship owners escape decontamination cost.

I had written a letter to Liau Siew Leng Operation Manager, Kiribati Ship Registry, Singapore with copies marked to concerned officials in Union Environment Ministry & Forests and Union Steel Ministry to confirm ship's registry who responded back with documentary proof that the ship in question is not registered with Kiribati Ship Registry. Notably, US Environment Protection Agency (USEPA) has already penalized teh ship for violating its US Toxic Substances Control Act. The USEPA order dated 28 January, 2009 available at http://www.ban.org/Library/Global_CAFO.pdf that has barred the ship Platinum II (formerly SS Oceanic, SS Independence) from leaving US waters for scrapping of the ship. The USEPA statement dated 29th January, 2009 on the conviction of the ship is available at http://yosemite.epa.gov/opa/admpress.nsf/ab2d81eb088f4a7e85257359003f5339/8e2829ba962e93528525754d0061d10c!OpenDocument

If our environment ministry's order dated 9th November, 2009, USEPA statement dated 29th January, 2009 and the fake and sample of original documents submitted (attached) to all the concerned officials are taken cognisance of, it would emerge that the dead US ship must be asked to leave Indian waters in the same way as had happened in the case of the French ship Le Clemenceau.

Also the entire episode seems to build up a case for the investigation of documents of more than 200 ships that came to Alang (post September 6, 2007 order of the Supreme Court) to stop this malpractice and to bring the culprits who are making fake certificates of the post of registry and the connving officials to book.

I would be happy to share more information if required.

warm regards
Gopal Krishna

What is the alternative to dismantling of dead ships

what is alternative to the ’ship breaking’ of huge ships (eg aircraft carrier)that has become environment issue

Around the world, old naval aircraft carriers are scrapped because they have exhausted their ‘military’ life in terms of metal shield, armament and the communication capabilities.

The ship so decommissioned by the military can be bought below its scrap value as environment concerns put a restriction to its disposal process. A French ship recently sent to India as scrap had to go through government and legal hurdles before it was allowed in Indian Territory. So its further use as an operating ship would always be worthwhile as the scrap value is retained.

PRODUCT & SERVICE

Such redundant ships are still seaworthy and can be positioned at high seas on rescue missions. After removal of heavy artillery, extra fuel tanks and other allied military equipment, it can be suitably modified to create space and area that can be used for -

* 1.Producing & Storing potable water, food & medicine, rescue equipment and fuel to support the rescue & relief operations.
2.Constructing operation theatres, ICU and sick quarters on board.
3.Quarters for the medical and rescue staff.
4.Short term refuge for victims.
5.desalination plant
6.Communication and watch station.

Cyclones are detected and tracked by satellite as they gather strength. Experts also predict within reasonable time the area where the landfall would occur. Local doctors, fire-fighters and other rescue teams are themselves subject to disaster. But still they are the best persons as they know the local language and the local terrain. If these persons are removed from the scene in advance and placed on this aircraft carrier then after the disaster they can be flown in straight from this carrier and efficiently utilised as the rescuers in the area. The sick and infirm can be brought on this ship before or after the disaster. This need not be limited to cyclonic disaster but also others like earth quake and fires in SE Asia where there are island nations.

Why a ship for such rescue?

Cyclone Path is tracked by a weather centre for at least 3 to 5 days, before it hits the land. The location can be predicted within several kilometres. As such if a relief ship follows the cyclone path it remains in a safe zone behind the storm, but at the same time, is immediately available at the location close to the disaster area. A cyclone after making the land fall, due to the residual storm effect keeps the area for many crucial hours out of bounds for approach and rescue from the land side. Even helicopters cannot fly in. Further delay takes place after that because the relief convoys can start only after assessing the roads and runways conditions. In many countries like in Africa rescue convoys can be subjected to loot on the way. This journey then takes place on the damaged roads in adverse weather conditions. The air journey after such confirmation may take further many hours to reach the nearest airport which it self may be far. Most of the time with the radio communications destroyed the actual requirement cannot be assessed. In such cases it normally happens that required items are missing and other items clutter the available storage area. A fleet of such ships can be acquired by United Nations and can be positioned at frequently affected locations around the world.

November 18th, 2009 | by admin |

http://www.satelliteradiotuner.net/satellite-radio-equipment/what-isalternative-to-the-ship-breaking-of-huge-ships-eg-aircraft-carrierthat-has-become-environment-issue

Recall Platinum-II

Recall Platinum-II

"The ship with toxic material should be sent back".

The ministry of environment and forests has rightly called on the Gujarat government not to allow Platinum-II to be beached or dismantled at Alang. Platinum-II is a ship of US origin that was headed for dismantling at the Alang shipyard. It had been permitted to do so earlier by the Gujarat government based on false documents presented by the ship’s owners. Environmental activists had protested that decision, alleging that the ship was contaminated with toxic polychlorinated biphenyls (PCBs) and asbestos-containing material. This prompted the environment ministry to order a probe, which has now revealed that the ship is indeed toxic. Platinum-II should have been detoxified at its port of origin in the US. It was not. It was allowed to leave American shores in February 2008.

Nothing was done to stop it. Poor inter-agency co-ordination in the US was blamed for the ship slipping out for scrapping. This is a flimsy excuse. The US did subsequently impose a fine on Platinum-II’s owners but did not recall the ship. Now that the investigation has revealed the ship’s toxicity, the Indian government must send it back. Decontaminating Platinum-II is the US’ responsibility, not India’s.

Those who will benefit financially from Platinum-II’s scrapping at Alang can be expected to find loopholes in Indian laws to bring in the ship. This must not be allowed.

Platinum-II’s scrapping might provide jobs, but this comes at a huge cost — the health and safety of thousands of workers. It is likely that some will push to ensure that the ship be allowed for scrapping the way another highly toxic ship, Blue Lady, was in 2006, when the supreme court controversially okayed its scrapping at Alang. Did the government follow up on the SC order to protect workers’ health during Blue Lady’s dismantling? It doesn’t seem so. It is well known that Alang is not equipped to deal with material of high level of toxicity.

If India fails to stand up for the health of its citizens, more countries will try to get rid of their toxic vessels here, jeopardising the environment and the health of our workers. A 2007 study by the European Commission Studies said that 18 million tonnes of ships are likely to be scrapped in 2010. Many of these vessels will head to India. The government must remain vigilant and ensure that contaminated ships do not slip in.

http://www.deccanherald.com/content/35623/recall-platinum-ii.html

No Labour Colony in Alang

Supreme Court-appointed Inter Ministerial Committee (IMC) on ship-breaking has come down heavily on the Gujarat Maritime Board (GMB) for the extraordinary delay in constructing the promised labour colony for migrant workers engaged at Alang, Asia's largest ship breaking yard.

In an IMC meeting which concluded recently at Delhi, chairman of IMC, BS Meena has asked GMB to clarify why work on the labour colony was suffering from such a sluggish pace. The GMB officials stated that they had acquired the land, and construction work was yet to begin. However, the chairman expressed his dissatisfaction at the reply since it could not justify the poor progress made in two years.

Incidentally, the GMB has collected over Rs7.5 crore during the last two years from different ship breaking industrialists towards construction of the housing facilities, which however, is lying idle at present. The GMB officials have agreed to start construction of 3,000 dwelling units in the first instance, work for which would begin in December and will be completed within 18 months.

Security Concerns at Alang Beach

In the last meeting of the Supreme Court appointed Inter-ministerial Committee on ship-breaking, it had been decided that the Ministry of Shipping would organize a meeting on security matters with Gujarat Maritime Board, Naval Head Quarters and Coast Guard Head Quarters, Customs etc. to ensure that issues linked to gaps in the security frame-work are addressed on a priority basis. The representative of Naval Head Quarters informed that they have already taken up the matter with the Directorate General of Shipping on 3 September 2009 highlighting the necessary precautionary security steps, including a monthly security meeting to be conducted by the Yard/Port Authority. The representative of the DG Shipping informed that the suggestions of the Naval HQ have been conveyed to the Gujarat Maritime Board. A copy of the Naval HQ’s letter was also handed over to the representatives of the GMB with the direction for further follow up action, which would be reviewed in the next IMC meeting.

MINUTES OF THE MEETING OF THE INTER-MINISTERIAL COMMITTEE (IMC) HELD IN THE STEEL ROOM AT 11 AM ON 05-10-2009 UNDER THE CHAIRMANSHIP OF SHRI B.S. MEENA, SPECIAL SECRETARY AND FINANCIAL ADVISER, MINISTRY OF STEEL.

A list of participants is enclosed as at Annexure.

2. Welcoming the participants, the Chairman initiated the discussions with a review of the progress of the follow up action taken on the action points of the last meeting held on 04.02.2009 and also new agenda items, as summarized below:

i) Provision of housing facilities to workers - The GMB officials clarified that though they have acquired the land they are yet to start construction. They are working out the modalities for monitoring the housing units to be constructed and the regulations for their usage, as one of the basic problems faced in Alang is that most of the workers employed in ship-breaking yards are working on temporary basis. During the peak season of ship-breaking activity, they are stationed at Alang but during the lean season, they return to their respective states. The Chairman expressed dissatisfaction over the clarification which did not justify the poor progress made, as the matters has been under consideration for the last few years. He wanted immediate action by the GMB for construction of dwelling units along with necessary infrastructure facilities. The President, ISSSAI also referred to the delay and stated that this was despite GMB collecting ‘housing cess’ from ship-breaking activities during the last 2 years, amounting to around Rs.3.75 crore per year but the same have not been utilized so far. GMB was asked to take immediate steps to start construction of housing facilities as any delay in the matter given the availability of land and funds with them, will imply that they are not complying with the directions of the Hon’ble Supreme Court in the matter. After discussions, the GMB officials agreed to start construction of 3000 dwelling units in the first instance, which would start in December 2009 to be completed within 18 months. They were also advised to seek inputs, if any required, from the Ministry of Labour who may have valuable experience in undertaking such welfare activities for workers.

[Action: GMB]

ii) Provision of sanitation – The IMC has been emphasizing on provision of adequate sanitation facility in the plots for ship breaking and that it should be a mandatory provision, as the absence of such facilities do adversely affect health and productivity of the workers. As per the decision of the last meeting, the Ministry of Labour was to organize a visit and based on the study made, submit a report to the Committee. The Chairman took a serious note of the delays in organizing the requisite visit despite a lapse of more than six months and wanted to know the reasons for the delay. The representative of the Ministry of Labour agreed that a team comprising of the Ministry of Labour, the DG FASLI, Ferrous Scrap Committee, and ISSAI will visit various plots to examine the sanitation issues and submit a report within a month to the Committee.

[Action: Ministry of Labour]

iii) Starting of Trust Hospital – The Chairman expressed concern over the delay in starting the Trust Hospital despite prime importance of adequate health care and treatment facilities. There is continued dependence on the Red Cross Society Hospital at Alang, who do not have the facilities for handling case requiring specialized treatments. The GMB representatives clarified that discussions were already on with the Gujarat State Government for setting up an OPD of Bhavnagar Medical College at Alang to support day-to-day needs. GMB was advised to expedite and resolve the Trust related issues immediately and by March 2010 positively. It was agreed that till such time, the Trust Hospital is not in place, the existing interim facilities provided by the Red Cross Hospital should be adequately supplemented through involvement of reliable health organisations and Institutions.

[Action: GMB]

iv) Definition of Ship – The representative of the DG Shipping informed the Committee about their interactions with the Ship-breaking Associations for finalising the definition of ship before submission to the International Maritime Organisation (IMO) and also for incorporation in the proposed Admiralty Act being framed by the Ministry of Shipping. It was decided that the Ministry of Shipping and the DG, Shipping will also take into consideration the sensitivities and views of the Ship-breaking industry before finalising the matter.

( Action: DG, Shipping)

v) Participation in Marine Environment Protection Committee (MEPC) and other International meetings– The DG (Shipping) representative appraised the Committee about the interactions with the Ministry of Steel on the subject, including providing a set of International Convention documents on ship-breaking adopted at Hong Kong in May 2009 together with a delegation report to the Ministry of Steel and also to members of ISSSAI. It was noted that the Convention is yet to be ratified.

[ No Action]

vi) Radiological study of works by Indian Red Cross – The IMC expressed dissatisfaction over the inordinate delays in conducting of the studies. In response the representative of DG, FASLI assured that it would be completed soon and the study report submitted by the last week of December 2009. The Chairman wanted GMB to provide all necessary help to DG FASLI in conducting of the study.

[Action GMB and DG FASLI]

vii) Issue of gas free for hot work and other services under the Petroleum Rules. - The Chairman felt that as the issue already stands settled, in case of any grievances, the Ministry of Environment & Forests may be approached to resolve it subject to legal considerations.

[No action]

viii Security Concerns – In the last meeting, it had been decided that the Ministry of Shipping would organize a meeting on security matters with GMB, Naval HQ and Coast Guard HQ, Customs etc. to ensure that issues linked to gaps in the security frame-work are addressed on a priority basis. The representative of Naval HQ informed that they have already taken up the matter with the DG Shipping on 3 September 2009 highlighting the necessary precautionary security steps, including a monthly security meeting to be conducted by the Yard/Port Authority. The representative of the DG Shipping informed that the suggestions of the Naval HQ have been conveyed to the Gujarat Maritime Board. A copy of the Naval HQ’s letter was also handed over to the representatives of the GMB with the direction for further follow up action, which would be reviewed in the next IMC meeting.

[Action: GMB and DG Shipping]

(ix) ID Card for workers:- On the issue of registration of the workers at Alang and providing Identity cards, the GMB representatives informed that a three day training is already being provided to workers after which Identity Cards are issued. It was settled during the meeting that in order to strengthen the safety and security aspects, ship-owners will not deploy workers who have not undergone the said training and who do not possess the Identity Cards issued by the GMB. The GMB may however initiate action for the needful inspections and monitoring to ensure that the requirements are being adhered to by the shipyard owners.

[Action: GMB/ISSSAI]

(x) Health/Wages matters:- It was appreciated that GMB have been organizing health camps for workers and it was advised that such camps may be held at regular intervals. They may also in consultation with the ship breakers/employers take all necessary steps to ensure that the provident fund contributions, payment of wages and other statutory contributions in respect of the workers are implemented by the employers as per the relevant Rules and Acts.

[Action: GMB/ISSSAI]

xi) Duty Exemption etc:- It was decided that the representations received from Ship-breakers Associations from time to time regarding duty exemption, definition of various category of scrap etc. would be duly looked into by the concerned Divisions in the Ministry of Steel for appropriate action.

[ No Action]

(xii) Safety of workers : The IMC expressed concern over the incident of six labourers being burnt alive in an engine room at Alang Ship breaking yard on 12 th August 2009. The GMB representatives informed that the mishap took place due to faulty work practices of the shipyard owner. The representatives of the Ministry of Labour, DGFASLI and DG Shipping also strongly endorsed the view that safety of workers and eliminating hazards and environmental concerns are issues where no leeway or compromise should be allowed and strong corrective action, including penalizing the defaulters, need to be taken. The Committee felt that the GMB should take immediate stringent action available under law, against such defaulters, including canceling the license for operating the plot. Both the GMB and ISSSAI should review the work norms and safety precautions to ensure that such fatal accidents do not recur .

(Action : GMB)

(xiii) Spillage of Chemicals on Gujarat Shore :- A reference was made to the news report in the Times of India dated 10 th August 2009 on spillage of chemicals on Gujarat shores. The GMB representatives and the GPCB representatives informed that the alleged spillage was not attributable to ships heading for Alang. There is a full fledged plan for oil spill containment at Alang and also proper facilities for management and containment of hazardous waste. The GPCB and GMB representatives informed that they would send a detailed report on the investigations carried out with reference to the reported chemical/oil spill leakage on Gujarat beaches, within a month, ie. by November, 2009.

(Action: GMB/GPCB)

(xiv) Phasing out Smaller Plot :- On th e ISSSAI representative’s reference to poor progress in the matter, the GMB representatives clarified that IL&FS has been deployed as consultant to design a model plot and studies have been initiated with IIT Mumbai. The study will focus on best practices for managing an integrated ship recycling yard. It was also stated that another study on similar matters is under consideration involving Japanese experts. The Committee advised that these studies be completed expeditiously and the best practices/features/alternatives are incorporated to formulate a model for ship yards in which the health and safety of workers and management of environmental concerns will be given paramount importance.

(Action: GMB)

(xv) Insurance Scheme for Workers :- The representative of ISSSAI was of the opinion that there were constraints in implementing the recent circular issued by Ministry of Labour regarding insurance scheme through Employees State Insurance Corporation (ESIC), The Chairman advised that the matter be taken up directly with ESIC under intimation to the Ministry of Labour.

(Action : ISSSAI)



(xvi) Other issues: It was also decided that the Ministry of Steel will address a letter to the Chief Secretary, Gujarat for suitable interventions to expedite progress on the matters of construction of housing units, completion of trust hospital, improvement in working conditions and related matters concerning the health and safety of workers as well as environmental issues.

(Action: MF Desk, Ministry of Steel)
2. Concluding the discussions, the Chairman observed that in recent months a large number of ships have been beached at Alang, leading to manifold increase in the volume of work, with its safety and environmental implications. All concerned should therefore take needful steps for putting in place necessary checks to ensure health, safety and improvement of living conditions of workers and reduce pollution. For a better understanding of the various issues under consideration of the IMC, he desired to lead an Inter-Ministerial delegation to Alang sometime in the last week of October/first week of November 2009. The visit should therefore be planned accordingly and the next IMC meeting also preferably be held at Bhavnagar/Alang in Gujarat.



The Meeting ended with a vote of thanks to the Chair.

…..

ANNEXURE

List of participants

1. Shri B.S.Meena, SS&FA, Ministry of Steel -Chairman
2. Shri G.Elias, Joint Secretary, Ministry of Steel
3. Smt. C.Malviya, Economic Adviser, Ministry of Steel
4. Shri A.C.R.Das, Industrial Adviser, Ministry of Steel
5. Shri L.Siddhartha Singh, Director, Ministry of Steel
6. Shri Anil Kumar Madan, Under Secretary, Ministry of Steel
7. Shri S.K.Thade, Directror, Deptt. of IPP
8. Ms.Vandana Sharma, Deputy Secretary, Ministry of Labour
9. Shri S.N.Boshan, Dy.Director, DGFASLI.
10. Shri R.K.Singh, Scientific Officer (E) Atomic Energy Regulatory Board, Niyamak Bhavan, Anushakti Nagar, Mumbai-400094.
11. Shri G.V.Patel, Regional Officer, GPCB, Bhavnagar.
12. Shri Haresh Parmar, Ship Recycling Industry Association, Bhavnagar.
13. Shri Victor Baa, Under Secretary, Ministry of Defence.
14. Shri Sayan Sen , Dy. Manager (Planning) JPC/FSC
15. Shri Gopal Joshi, Chief General Manager, GMB
16. Shri Atul Sharma, Environmental Engineer, GMB.
17. Commander Palminder Singh, JDNI (Security), Naval HQ
18. Shri D.Mehrotra, Dy.Chief Surveyor, D ir. Gen of Shipping, Mumbai.
19. Shri P.S.Nagarsheth, President, ISSAI, Mumbai
20. Shri T.R.Thomos, Petroleum and Explosive Safety Organisation (PESO)
21. Shri S.Ray, Petroleum and Explosive Safety Organisation (PESO)

Delhi blocks toxic US ship: Will Dhaka woke up?

Even as Indian agencies are acting tough in the face of the evidence, US based environmental groups too are demading action from their government. "This blatant attempt to skirt US law must not go unchallenged," said Jim Puckett. "It's time for the United States to stand strong against these corporate shams and in support of global environmental justice."


New Delhi: Following the discovery by the Basel Action Network (BAN) and Indian Platform on Shipbreakling that the national registry and flag of an aged American cruise liner had been falsified, the Indian government has ruled against allowing the US flagged ship, Platinum II, from being beached on the infamous shipbreaking beaches of Alang, India.[1] The Indian Ministry of Environment and Forests (MOEF) cited the precautionary principle and the fact that the ship not only appeared to arrive in India with false documentation but also the fact that the U.S. Environmental Protection Agency (EPA) took legal action against Global Marketing Services (GMS) and sister company Global Shipping LLC (GSL), both companies set up by the notorious ship breaker Mr. Anil Sharma, for exporting the ship from San Francisco, California in 2008 in violation of the U.S. Toxic Substances Control Act (TSCA)[2].

Responding to the order Office Memorandum on US Ship "Platinum -II", Dated
November 9th, 2009 the Minister of State (Independent Charge) of Environment & Forests which was issued yesterday, Gopal Krishna of the Indian Platform Shipbreaking said, "It has established that post September 6, 2007 order of the Supreme Court, the post of registry of most of some 200 ships have not been properly investigated before desk clearance. It creates a compelling logic to do so now both with regard to previous ships and any new ship in future. It is noteworthy that the order categorically states, the order on the issue in question has been passed "with the approval of the Minister of State (Independent Charge) of Environment & Forests", Jairam Ramesh. He has demonstrated that he would not let any agency compromise with the security of our environmental borders. One hopes that the concerned ministry officials would give up their old habits now. The intelligence reports have suggested in eth past that the current regulations seem to allow dead ships innocent passage through the entire stretch of Indian waters unscrutinized by the security agencies. Besides environmental security, maritime security, national security also seems to be a casualty. Notably, minutes of the Inter-ministerial committee on shipbreaking refers to security threats from the Alang based industry."

The Platinum II formerly known as the SS Oceanic (and originally, the SS Independence) arrived in Indian waters for scrapping on 8 October 2009 with papers saying its flag was that of the Republic of Kiribati and that it was owned by Platinum Investment Services of Monrovia, Liberia. But BAN received official confirmation from the Operations Manager at Kiribati Ship Registry, Liau Siew Leng, that the registration was a forgery. The Kiribati Ministry of Communications, Transport & Tourism Development Office further confirmed the falsified documents.

"Today's order by the Ministry of Environment & Forests advising against beaching is a victory in the fight against toxic trafficking and dumping on third world countries," said Jim Puckett, Executive Director of the Basel Action Network, a member organization of the NGO Platform on Shipbreaking. "Until now, India has been reluctant to expose the horrors of its shipbreaking industry. Hopefully they are beginning to realize that this industry is not worth the legacy of toxic waste, occupational disease and death, and illegality it leaves in its wake."

The fraudulent ship registry is likely a violation of maritime law of the United States, India and Kiribati. The United States Maritime Administration (MARAD) allowed the vessel to be sold to a non-citizen in April 2008 under the blanket approval in 46 C.F.R. 221.13. This general approval however did not grant approval for the sale of the vessel for scrapping in a foreign country. The vessel remains under the US flag and cannot be scrapped without MARAD's approval. It is suspected that avoidance of US government scrutiny and denial of reflag permission for the purposes of scrapping is the rationale for the falsified re-registration. Further, the MOEF publicly released a report of the Central Technical Team on 5 November 2009 (internal release 26 October 2009) in which authorities confirmed the presence on board the ship of asbestos and polychlorinated biphenyl (PCBs) as part of the vessel's construction.

This finding confirms what environmental groups and the EPA have alleged since February 2008. GMS and GSL paid a settlement to the EPA of almost a half million dollars early this year without admitting a violation of the law. Exporting PCB material from the US is a violation of the Toxics Substances Control Act. After BAN blew the whistle on the ship export in 2008, GMS and GSL denied that the ship was being exported for scrap and said instead that it was being sold to an entity interested in reusing the ship. The ship sat for many months anchored off Dubai before suddenly appearing in Indian waters in October of this year under tow.

The relationship between GMS's Mr. Sharma and the new owners is not clear. However, Mr. Dimitrios Koukas, President/Director of Platinum Investment Services, is also Managing Director of Optima Shipbrokers Ltd., and is listed as a business "reference" on GMS' website[3]. In Alang, India, it was known that Platinum Investment Services was selling the vessel to Leela Ship Recycling Pvt Ltd upon its arrival in India for $4,851,000 for breaking. Leela is owned by Komal Sharma, Anil Sharma's brother.

"This blatant attempt to skirt US law must not go unchallenged," said Jim Puckett. "It's time for the United States to stand strong against these corporate shams and in support of global environmental justice."
(For more information contact: Gopal Krishna, Indian Platform on Shipbreaking, Mb: 9818089660, E-mail: krishnagreen@gmail.com, Jim Puckett,Basel Action Network, 206.652-5555,jpuckett@ban.org)
13 Nov. 2009
The New Nation

Dubious Ownership of Dead US Ship Under Probe

Note: Fake documents which have surfaced illustrate the dubious nature of ownership of Platinum II (SS Oceanic, SS Independence), the dead and convicted US ship in question. Investigating agencies are reported to be looking into the case of fraudulent misrepresentation.

'Toxic' US ship off India coast in limbo

NEW DELHI — A leaking former US naval ship blocked from entering India's giant Alang breaking yard due to environmental concerns is in limbo after its owners said Wednesday they were unsure of where to take it.

"The vessel cannot be broken up. I can't say what will happen to it," said Naresh Amrubhai Khuman, an agent acting on behalf of the owners of the Platinum II, which is anchored off the western Gujarat coast.

The vessel was initially given permission by local authorities to enter Alang, the world's biggest ship breaking yard, but a probe by the central government then recommended it be refused permission.

The investigation concluded the Platinum II, formerly known as USS Independence during its use in the US Navy, contained about 238 tonnes of asbestos-containing material, more than 100 used lead batteries and an unspecified amount of toxic chemicals known as PCBs.

The panel said there were also doubts about the way the ship had been registered before being brought to India. Khuman said all the paperwork was in order and legal.

The case follows other high-profile "toxic ship" cases when vessels heading for Alang have caused controversy.

Khuman said he was unaware if the owners, who he declined to name, intended to tow the ship to another country or if this would be possible given a leak.

"There's a hole in the ship. We have been trying to plug the leak. I can't say what will happen if the hole gets bigger," he said. "It's afloat at this point."

The asbestos-laden French aircraft carrier Le Clemenceau was turned away from the Alang yard, the world's biggest such facility, in 2006 because of concerns it would endanger the lives of scrapyard workers.

The previous private owners of the Platinum II agreed to pay a fine of 518,500 dollars in January this year after illegally exporting the vessel with the PCBs onboard, according to the website of the US Environmental Protection Agency.

Exporting PCBs is a violation of US law unless authorised by the EPA.

Gopal Krishna, head of an environmental lobby group, believes the 682-foot (207-metre) long ship contains 210 tons of PCBs -- harmful chemicals used in wiring and paint which have been banned in the United States.

Komalkant Sharma, who owns the ship breaking company that was meant to take possession of the Platinum II, said he could only take the ship if it was cleared by the government.

"If the clearances are not forthcoming, I may not take the Platinum II," the boss of Leela Ship-Breaking Ltd at Alang yard, 200 kilometres (160 miles) northwest of India's financial centre Mumbai, told AFP by phone.

Source: AFP

Illegal anchoring results in disruption of telecommunication services for Malaysia, Singapore & Indonesia

KUALA LUMPUR (AFP)--Hundreds of ships left idle off the Malaysian coast during the economic downturn pose environmental and safety hazards, port authorities and fishermen say.

¶ The ships are off the southeastern tip of southern Johor state, which faces Singapore, positioned outside port limits to avoid charges and official scrutiny.

¶ Some authorities said they believed the ships were waiting out the export slump that has deprived them of cargo, while others said they were being used to conduct illegal oil transfers.

¶ "These vessels are not supposed to anchor there. This activity is considered illegal," said Johor Port Authority assistant general manager Damon Nori Masood.

¶ "All of these ships are off port limits, and some are just one meter away from the boundary line, making us unable to take action," he said, adding that the vessels are all believed to be foreign owned or flagged.

¶ Damon Nori said the ships are anchored in a narrow strait known as the "traffic separation scheme," or TSS--designed as a free passage area to allow authorities to control the movement of vessels in and out of the port.

¶ Malaysian newspapers have said there are several hundred vessels off the coast.

¶ Fishermen from coastal villages have complained about seeping pollution that threatens their livelihood. Damon Nori said the idle ships pose a safety hazard for vessels attempting to enter the port.

¶ "These ships are blocking the way of the vessels coming to our anchorage, because they need a bigger space when they turn into the anchorage but the TSS is just full of vessels, big or small," he said.

¶ "This anchoring is very much disturbing the passage. The enforcement agency should clear up the area, as there are also concerns over oil spills causing environment issues," he added.

¶ Azlan Mohamad, a fisherman in the area for the past two decades, said about 300 to 400 ships were parked in the area, causing harm to the industry with oil spills and illegal cleaning of their tanks.

¶ "The ships sit in our fishing area and make our fishing difficult. The ships also dump sludge at night to avoid detection," he said.

¶ "When we ask the ship not to throw anchor, they ignore us and often tell us to fish elsewhere. They are very arrogant," he said.

¶ "The anchored vessels have affected the income of some 3,000 fishermen. Our daily catch has fallen and the oil spills have made our lives more difficult as they damage our nets."

¶ Port authorities declined to identify which agency they believe is responsible for dispersing the ships, and various maritime authorities contacted by reporters said they were unaware of the problem.

¶ The New Straits Times this week quoted officials from the Malaysian Maritime Enforcement Agency, or MMEA, as saying eight tankers had been seized in recent days for offenses including illegal tank cleaning.

¶ "Some of the dilapidated ships that were left there for quite some time may have been used to cover the illegal oil transfer activities," the MMEA's southern region head Che Hassan Jusoh reportedly said.

¶ "Oil transfers or bunkering, where one ship transfers its cargo of oil to another while at sea, can only be done once these vessels have a domestic merchant shipping license for such activities," a Malaysian Maritime Enforcement Agency official said.

¶ The process is licensed because of the marine pollution that can occur if it isn't done correctly, and the transfers must take place in designated areas because of the danger of fire.

¶ However, senior marine police officials say that they are mostly hamstrung by ambiguous laws, and that there is "no black and white" legislation empowering them to clamp down.

¶ However, an official from the marine department in the transport ministry disagreed.

¶ "The law does not directly say anchoring (is illegal), but it falls under 'any other activities' in the section. Everybody in the maritime agencies knows this is illegal," said Fuad Naemoon.

¶ Under the law, the owner, master or agent of an errant ship can be punished by up to two years in jail and a fine, according to Fuad, who heads the port and seafarer division in the southern region office that oversees Johor.

¶ "The enforcement units should be pro-active," he said, pointing a finger at the marine police and MMEA.

¶ "This has happened for almost two years, and the number of ships there is increasing since the economic crisis. The government is suffering losses if these ships continue not to report (their presence) and are not paying dues."

¶ He said the illegal anchoring has also caused submarine cable failures, which have resulted in disruption to telecommunication services for countries including Malaysia, Singapore and Indonesia.

Gujarat maritime board to probe toxic US ship’s ownership

Note:Atanu Chakraborty, Vice Chairman & Executive Officer of Gujarat Maritime Board (GMB) has been transferred and B K Sinha is new Principal Secretary(PS) of Ports & Transport department replacing H K Dash. It appears to be a fall out of the order from the Environment Ministry in the matter of the dead US ship, Platinum II (SS Oceanic, SS Independence). An environment ministry official who is believed to have been instrumental in ensuring anchorage to the convicted, dead US ship has proceeded on leave as well.

There is a need to hand over the probe to the Central Bureau of Investigation. Our MInister has demonstrated that he would not let any agency compromise with the security of our environmental borders. In pursuance of the same, there is a compelling logic in ordering the investigation of the port of registry of all the dead ships that came at Alang after the order of the Supreme Court dated September 6, 2007 and September 11, 2007.


Gandhinagar, Nov 10 (IANS) The Gujarat Maritime Board (GMB) is to look into irregularities of ownership of Platinum II, a US ship believed to be carrying toxic material and awaiting clearance for berthing and dismemberment at the Alang ship breaking yard for over a month, an official said Tuesday.
This follows a note from union Environment and Forests Minister Jairam Ramesh Monday to the Gujarat government and other agencies advising that the controversial ship not be allowed to berth at Alang. The memorandum also asked the Gujarat Maritime Board to look into the case of falsified ownership of the vessel as brought to the notice of the central ministry.

Highly placed sources in the government of Gujarat said Tuesday that the state maritime board would address the queries raised by the union environment ministry. “The board will look into the irregularities pertaining to the ship brought to its notice by the union ministry,” the official said.

According to the environment ministry memorandum, it had been brought to its notice that the ship violated the United States Toxic Substances Control Act and that an order had been passed by the US Environment Protection Authority against its owners.

The central govenment also wanted the GMB to probe allegations that the ship had been brought to India with a falsified flag and registry.

Komalkant Sharma, the owner of Platinum II, said he was still awaiting a decision from the GMB on his plea for berthing permission to dismantle the ship.

V.K. Gupta, president of the Ship Recyclers Association, said the vessel prima facie fulfilled the criteria laid down by the Supreme Court qualifying for breaking at Alang.

Environmental activists campaigning for turning the ship back have alleged that fake registration documents of the government of Kiribati had been furnished and that the vessel lacked a national flag.

Originally the US vessel SS Independence, it later became the SS Oceanic before becoming the Platinum II.

While the environmental group, Indian Platform on Ship Breaking (IPOS), seeks the recall of the ship by the US government - as the French did with Le Clemenceau - the Gujarat environment department authorities have said that facilities for the disposal of hazardous substances already exists in keeping with Supreme Court guidelines at a special earmarked site.

India blocks 'toxic' US ship

New Delhi - India blocked a former US naval ship heading for a scrap yard on its west coast, citing environmental and pollution concerns in a case that mirrors past scandals, a local official said on Monday.

The Platinum II, anchored off the western Gujarat coast, was ordered to remain at sea last month pending a probe by the environment ministry after protests by campaign groups.

The case follows other high-profile "toxic ship" cases when vessels heading for India's giant Alang breaking yard in the state of Gujarat have caused controversy.

A statement from India's environment ministry obtained by AFP said that "granting permission for beaching and breaking purposes of the ship will not be advisable."

"In view of the environment ministry statement, the ship cannot be broken up here," G V Patel, head of Gujarat's pollution control board, told AFP.

The government's expert panel which probed the contents of the ship said it had found about 238 tons of asbestos-containing material, 126 used lead batteries and no radioactive material.

The amount of polychlorinated biphenyls or PCBs could not be ascertained due to technical reasons, it added.

But Gopal Krishna, head of an environmental lobby group said the 207m-long ship "contains an estimated 210 tons of PCBs" - harmful chemicals used in wiring and paint which have been banned in the US.

Previous scandals

He described Monday's statement as an "exemplary precedent" and "an order to send the ship back because fraudulent documents were produced" to aid its dismantling in India.

The private owners of the Platinum II, previously known as SS Independence during its use in the navy, had agreed to pay a fine of $518 500 in January this year, according to the website of the US Environmental Protection Agency.

In 2008, EPA had pursued them over the alleged illegal export of the ship, then called MV Oceanic, for disposal because of the PCBs on board. Exporting PCBs is a violation of US law unless authorised by the EPA.

"The ministry has very rightly taken cognisance of the US EPA order and the Gujarat Maritime Board will have no option to send the ship back," Krishna said.

The ministry statement has put India's ship-breaking industry back in the spotlight following a previous scandal over the French warship Le Clemenceau.

The asbestos-laden French aircraft carrier was turned away from the Alang yard, the world's biggest such facility, in 2006 because of concerns it would endanger the lives of scrap yard workers.

The controversy over the Platinum II also mirrors another surrounding former French cruise liner, the Blue Lady, two years ago.

Environmentalists had battled lawyers in India's Supreme Court for months pleading it be turned back as the ship was lined with an estimated 1 200 tons of cancer-causing materials.

But the Blue Lady was taken apart in Alang, 200km northwest of India's financial centre Mumbai, following a ruling from the court.

- SAPA
http://www.news24.com/printArticle.aspx?iframe&aid=3a2d7ed9-1262-4fdb-8a3d-2d1bee7d8b61&cid=1073

INDIAN GOVERNMENT BLOCKS TOXIC US SHIP

FOR IMMEDIATE RELEASE

Forged Ship Registration Documents Confirmed as Environmentalists Claim Victory

10 November 2009, New Delhi – Following the discovery by the Basel Action Network (BAN) and Indian Platform on Shipbreakling that the national registry and flag of an aged American cruise liner had been falsified, the Indian government has ruled against allowing the US flagged ship, Platinum II, from being beached on the infamous shipbreaking beaches of Alang, India.[1] The Indian Ministry of Environment and Forests (MOEF) cited the precautionary principle and the fact that the ship not only appeared to arrive in India with false documentation but also the fact that the U.S. Environmental Protection Agency (EPA) took legal action against Global Marketing Services (GMS) and sister company Global Shipping LLC (GSL), both companies set up by the notorious ship breaker Mr. Anil Sharma, for exporting the ship from San Francisco, California in 2008 in violation of the U.S. Toxic Substances Control Act (TSCA)[2].

Responding to the order Office Memorandum on US Ship "Platinum -II", Dated November 9th, 2009 of the Minister of State (Independent Charge) of Environment & Forests which was issued yesterday, Gopal Krishna of the Indian Platform Shipbreaking said, "It has established that post September 6, 2007 order of the Supreme Court, the post of registry of most of some 200 ships have not been properly investigated before desk clearance. It creates a compelling logic to do so now both with regard to previous ships and any new ship in future. It is noteworthy that the order categorically states, the order on the issue in question has been passed "with the approval of the Minister of State (Independent Charge) of Environment & Forests", Jairam Ramesh. He has demonstrated that he would not let any agency compromise with the security of our environmental borders. One hopes that the concerned ministry officials would give up their old habits now. The intelligence reports have suggested in eth past that the current regulations seem to allow dead ships innocent passage through the entire stretch of Indian waters unscrutinized by the security agencies. Besides environmental security, maritime security, national security also seems to be a casualty. Notably, minutes of the Inter-ministerial committee on shipbreaking refers to security threats from the Alang based industry."

The Platinum II formerly known as the SS Oceanic (and originally, the SS Independence) arrived in Indian waters for scrapping on 8 October 2009 with papers saying its flag was that of the Republic of Kiribati and that it was owned by Platinum Investment Services of Monrovia, Liberia. But BAN received official confirmation from the Operations Manager at Kiribati Ship Registry, Liau Siew Leng, that the registration was a forgery. The Kiribati Ministry of Communications, Transport & Tourism Development Office further confirmed the falsified documents.

“Today's order by the Ministry of Environment & Forests advising against beaching is a victory in the fight against toxic trafficking and dumping on third world countries,” said Jim Puckett, Executive Director of the Basel Action Network, a member organization of the NGO Platform on Shipbreaking. “Until now, India has been reluctant to expose the horrors of its shipbreaking industry. Hopefully they are beginning to realize that this industry is not worth the legacy of toxic waste, occupational disease and death, and illegality it leaves in its wake.”

The fraudulent ship registry is likely a violation of maritime law of the United States, India and Kiribati. The United States Maritime Administration (MARAD) allowed the vessel to be sold to a non-citizen in April 2008 under the blanket approval in 46 C.F.R. 221.13. This general approval however did not grant approval for the sale of the vessel for scrapping in a foreign country. The vessel remains under the US flag and cannot be scrapped without MARAD’s approval. It is suspected that avoidance of US government scrutiny and denial of reflag permission for the purposes of scrapping is the rationale for the falsified re-registration. Further, the MOEF publicly released a report of the Central Technical Team on 5 November 2009 (internal release 26 October 2009) in which authorities confirmed the presence on board the ship of asbestos and polychlorinated biphenyl (PCBs) as part of the vessel’s construction.

This finding confirms what environmental groups and the EPA have alleged since February 2008. GMS and GSL paid a settlement to the EPA of almost a half million dollars early this year without admitting a violation of the law. Exporting PCB material from the US is a violation of the Toxics Substances Control Act. After BAN blew the whistle on the ship export in 2008, GMS and GSL denied that the ship was being exported for scrap and said instead that it was being sold to an entity interested in reusing the ship. The ship sat for many months anchored off Dubai before suddenly appearing in Indian waters in October of this year under tow.

The relationship between GMS’s Mr. Sharma and the new owners is not clear. However, Mr. Dimitrios Koukas, President/Director of Platinum Investment Services, is also Managing Director of Optima Shipbrokers Ltd., and is listed as a business “reference” on GMS’ website[3]. In Alang, India, it was known that Platinum Investment Services was selling the vessel to Leela Ship Recycling Pvt Ltd upon its arrival in India for $4,851,000 for breaking. Leela is owned by Komal Sharma, Anil Sharma’s brother.

“This blatant attempt to skirt US law must not go unchallenged,” said Jim Puckett. “It’s time for the United States to stand strong against these corporate shams and in support of global environmental justice.”

For more information contact:

Gopal Krishna, Indian Platform on Shipbreaking, Mb: 9818089660, E-mail: krishnagreen@gmail.com

Jim Puckett of Basel Action Network, 206.652-5555, jpuckett@ban.org

[1] http://moef.nic.in/downloads/public-information/Office%20Memorandum_ship.pdf

[2] In February 2008, the SS Oceanic quietly departed from San Francisco Bay under tow and in breach of the U.S. Toxic Substances Control Act (TSCA). In January 2009, nearly one full year after its illegal departure, the EPA settled with owners, Global Shipping LLC (GSL) and Global Marketing Systems, Inc. (GMS), for illegal export of polychlorinated biphenyls (PCBs), which exist within the construction of the vessel. GMS and GSL were ordered to pay $518,500 in U.S. court as part of the settlement.

[3] http://www.gmsinc.net/gms/references.php

[4] Blog: imowatch.blogspot.com

Environment Minisry Takes Cognisance of US Ship's Conviction

Notably, today's order of the Ministry of Environment & Forests taking cognisance of the USEPA order and the fake documents and advising against the beaching of the US ship Platinum II (SS Oceanic, SS Indepedence) re-establishes the precautionary principle.

It sets an example by reinforcing the Le Clemenceau precedent in the the French ship case wherein the Indian Supreme Court had stopped its entry into the Indian waters. The US ship Platinum II (SS Oceanic, SS Indepedence) will have to follow the same path.

The order Office Memorandum on US Ship "Platinum -II", Dated November 9th, 2009 is also availble on the website of the Ministry of Environment & Forests: http://moef.nic.in/index.php

It is noteworthy that the order categorically states, the order on the issue in question has been passed "with the approval of the Minister of State (Independent Charge) of Environment & Forests", Jairam Ramesh. This considered step of the Minister has vindicated the trust reposed in him by the environmental groups. He has demonstrated that he would not let any agency compromise with the security of our environmental borders. One hopes that the ministry officials would give up their old habits now.

The order has been passed in response to the letters written by me to the Indian authorties and the US authorities.

Toxic ship: Safety of environment alone should count

Parliamentary Petitions Committee has recognised that asbestos fibers when inhaled or when the PCBs on-board are consumed by human beings, the same may cause cancer unless proper precautions are taken for safe handling of these materials by the workers. The report then got into issue of asbestos in the cargo vs. structure, virtually indicting the government: "The committee strongly deprecate (sic) the repeated stand taken by the ministry that since no hazardous waste have been allowed on boards as cargo, there is no violation of the Hon'ble Supreme Court directions. The Committee need not emphasize that hazardous waste whether as cargo or inbuilt material are equally detrimental to the environment and to the human health."

Deccan Herald reports, A ship believed to be carrying toxic and radioactive waste and anchored some 40 nautical miles from the Alang coast in Gujarat could pose a deadly threat to marine ecosystems and human lives. Of US origin, the ship Platinum-II (formerly known as SS Independence and SS Oceanic) was penalised by the US Environmental Protection Agency for contamination.

It was heading to the ship-breaking yard at Alang and is reported to be loaded with 210 tonnes of material contaminated with toxic polychlorinated biphenyl (PCB), besides tonnes of asbestos in its body. This is not the first time that a toxic ship headed for Alang has kicked up a controversy. In 2006, two French ships Clemenceau and Blue Lady were stopped for their toxic content. In a controversial decision, the supreme court allowed Blue Lady to be dismantled at Alang despite concerns over its lethal waste.

India takes great pride in the Alang ship-breaking yard being the world’s largest. Indeed it is big business. It generates profits worth tens of thousands of crores. However, it is time India paused and pondered over the costs incurred. Workers involved in ship-breaking are exposed to PCBs, asbestos, lead, waste oil and tributylin.

A study of their health has revealed that 16 per cent suffer from an early stage of asbestosis, an irreversible lung condition that leads to cancer.

Even if Platinum-II is not carrying radioactive substances, its asbestos is lethal. There will be pressure from vested interests to see that Platinum-II is dismantled at Alang, whatever the level of its toxicity.

The health of workers and safety of environment, not profitability of the business should guide the government in determining the fate of the vessel and the future of the ship-breaking industry. Development of alternate occupations at Alang would free people of having to work in this hazardous industry."

News X reports,

Demand grows to recall toxic ship

Fraudulent Certificate of Platinum-II

Liau Siew Leng Sat, Nov 7, 2009 at 11:57 AM
To: Gopal Krishna
Cc: vijai.sharma@nic.in, "r.gauba" , DALIP SINGH , iasteel@nic.in, sarojmoef , "Info (KSR)"

Dear Mr Gopal Krishna,

Kindly be advised the vessel, Platinum-II, is never registered under Kiribati Ship Registry.

We had also received a copy of fraudulent certificate of Platinum-II from the Basel Action Network which the Ministry of Communications, Transport & Tourism Development,of Kiribati had confirmed that the certificate is definitely a fake certificate.

We appreciate the Indian Authorities can investigate further into this matter.

Best regards

Liau Siew Leng

Operation Manager

Kiribati Ship Registry


Inquiry about a ship with IMO No. 5160180

Gopal Krishna Sat, Nov 7, 2009 at 11:17 AM
To: lsl@kiribaship.com, info@kiribaship.com
Cc: vijai.sharma@nic.in, "r.gauba" , DALIP SINGH , iasteel@nic.in, sarojmoef

To

Mr Liau Siew Leng
Operation Manager
Kiribati Ship Registry
10 Anson Road
#25-02 International Plaza
Singapore 079903

Dear Mr Lia Siew Leng,

I am writing to inquire about this US flagged vessel called the Oceanic (IMO No. 5160180) that is said to be reflagged under Kiribati registry as of September 30, 2009 under the name Platinum II or D.V. Platinum II.

I am an applicant in the Supreme Court of India and have sent a letter to the Indian Ministry of Environment & Forests in the matter of a US flagged vessel called the Platinum II (formerly Oceanic, Independence) with IMO No. 5160180.

In response to my letter about the ship in question, Indian government's central committee's report on the ship mentioned above is available at http://moef.nic.in/downloads/public-information/Final_Plantinum-II_Report.pdf
and its annexures which has documents of registry are available at
http://moef.nic.in/downloads/public-information/Annexures_Platinium.pdf

On page 9. of the Report of the Central Technical Team constituted by Ministry of Environment & Forests on the inspection of Ship “Platinum-II” anchored at Bhavnagar Anchorage Point, Gujarat, India, it is submitted that "the Ship does not have any national flag
though USA flag was found painted on Chimney. The ship is of 1951 make and as per Lloyds Register ( Annex: VI) ; its original name was Independence as registered in USA. The name has been undergone changes thereafter and its present name is Platinum-II as registered in-
Republic of Kiribati in September, 2009 in the name of M/s Platinum Investment Services Corporation at 80, Broad Street, Monrovia, Liberia."

Can you inform us on whether this vessel which is mentioned in the report referred above indeed under Kiribati registry as has been claimed?

warm regards
Gopal Krishna
Indian Platform on Shipbreaking
New Delhi
Mb: 9818089660
Skype id: witnesskrishna
E-mail: krishnagreen@gmail.com
Blog: imowatch.blogspot.com

Cc Mr Vijai Sharma, Secretary, Union Ministry of Environment & Forests
Mr Rajiv Gauba, Joint Secretary, Union Ministry of Environment & Forests
Dr Dalip Singh, Joint Secretary, Union Ministry of Steel
Mr A C R Das, Industrial Advisor, Union Ministry of Steel
Dr Saroj, Director, Union Ministry of Environment & Forests

Fake Documents submitted to Central Committee on Platinum II, US ship

To

Mr Jairam Ramesh
Union Minister for Environment & Forests
New Delhi

Subject-Fake Documents submitted to Central Committee on Platinum II, US ship

Dear Sir,

We now know that the registry of the Platinum II (formerly Oceanic, Independence) has been falsified. Please find the original sample of the registry document and the fake document attached.

The official registry of Kiribati has stated in writing that the paper filed with Indian authorities is fake. (I have sent their written response to the ministry officials). The real registry therefore is US. The reason this has happened is:

a) they believed they could get away with this.
b) they did not want to notifiy and get permission from the US to reflag because it is known that US requires Maritime Administration (MARAD) approval for any reflagging for scrap purposes

It is clear that two laws have been violated. The US Maritime Law and likely Indian Maritime Law. It must be illegal for a ship to be brought into India with a falsified flag and registry.

Please see the correspondence below between Liau Siew Leng
Operation Manager, Kiribati Ship Registry, Singapore and Colby Self of Basel Action Network, the US based organisation (www.ban.org) on whose complaint the ship in question was convicted by the USEPA to reach your own inference. The same USEPA which is the model for the proposed National Environment Protection Agency.

The USEPA order dated 28 January, 2009 available at http://www.ban.org/Library/Global_CAFO.pdf that has barred the ship Platinum II (formerly SS Oceanic, SS Independence) from leaving US waters for scrapping of the ship. If this order is to be followed then and even as per Indian law the ship must be sent back to US in the same way as the French ship Le Clemenceau.

The USEPA statement dated 29th January, 2009 on the conviction of the ship is available at http://yosemite.epa.gov/opa/admpress.nsf/ab2d81eb088f4a7e85257359003f5339/8e2829ba962e93528525754d0061d10c!OpenDocument

What is quite glaring is the motivated connivance on the part of the US Maritime Administration.
The worst fears of environmentalists and human rights acitvists have been confirmed as it has been discovered this month that an aging American ocean liner, the SS Oceanic (formerly SS Independence), one believed to contain significant quantities of asbestos and toxic PCB chemicals in its structure, has now arrived in Indian waters with a new name – Platinum II. The ship will be scrapped in contravention of US and international law unless government action on the part of US and Indian authorities is taken as a matter of urgency.

The Oceanic made headlines in 2008 when its former owners, Global Shipping LLC (GSL) and Global Marketing Systems Inc. (GMS) (both of Maryland and part of the Mr. Anil Sharma family’s shipbreaking, cashbuying and brokerage interests), were charged by the US government with illegal export of PCBs for disposal and use in commerce under the Toxics Substances Control Act (TSCA).

The EPA acted after the Basel Action Network (BAN) warned that the ship was likely to be carrying PCBs and was known to be headed for the scrapping beaches of South Asia. To avoid a court case to contest this charge, the former owners paid over one half million dollars as a settlement. After EPA pressed charges, the owners denied that the ship was going to be sent for breaking on the beaches of South Asia as the EPA and environmental groups feared and instead claimed it was to be reused as a ship by its new owners.

US law exists to protect other countries from the scourge of toxic PCBs, and yet we continually fail to diligently enforce these laws. It is clear now that the government made a terrible mistake in letting this ship sail away. It is now incumbent on the administration to do everything in its power to require India to repatriate the ship for proper toxic waste management as the law requires.

Meanwhile, BAN has learned that the Maritime Administration (MARAD) aided and abetted the escape of the ship to a foreign jurisdiction by approving the sale of the vessel to a foreign buyer while the EPA was taking legal action against the owners. MARAD sent a letter to GSL in June 2008 offering support for the foreign transfer of the ship to Platinum Investment Services Corp. based in Monrovia, Liberia. Platinum Investment Services appears to be a “mailbox company”: under Liberian law, a company may register without publicly revealing an address, any principle owners, board members or spokespersons of any kind. The company has no office, no website and has no known history of ship operations. It is likely that MARAD’s authorization of the sale of the ship hampered the EPA’s own legal efforts to demand the ship be returned for proper testing and remediation.

In India, the ship’s arrival violates the Basel Convention to which India is a Party. Under that United Nations Environment Program (UNEP) treaty, India is not allowed to receive hazardous waste from the United States. Nor can it receive hazardous waste from any foreign source without prior notification of arrival and consent from the Indian government. No such notification or consent was provided in advance of the sudden arrival of the toxic ship. Further, the ship's arrival violated the Supreme Court of India’s order of 14th October 2003 and 6th September 2007, which calls for the pre-cleaning of ships of all toxic substances prior to importation.

The incident is reminiscent of the infamous export of the French Aircraft Carrier Le Clemenceau, which in 2006 was exported to India for breaking from France. French courts finally realized the export was a violation of the Basel Convention and demanded the return of the ship.

The Oceanic's arrival off the Gujarat beaches makes India an international crime scene, with the Maritime Administration abetting such crimes. The last time something like this happened, the authorities of the exporting country called the ship back and took responsibility. We are calling on the authorities of India and the US to do nothing less.
The Platinum II now rests at anchorage off Gopnath point approximately 40 nautical miles from the Alang coast while Indian state authorities decide her fate. GMS denies any ownership of the vessel or of the mystery firm Platinum Investment Services Corp.

I would be glad to share for details.

Warm Regards
Gopal Krishna
Indian Platform on Shipbreaking
New Delhi
Mb: 9818089660
Skype id: witnesskrishna
E-mail: krishnagreen@gmail.com
Blog: imowatch.blogspot.com


---------- Forwarded message ----------
From: Liau Siew Leng
Date: Thu, Nov 5, 2009 at 8:43 PM
Subject: Registry Inquiry: Urgent
To: Colby Self
Cc: "Info (KSR)"


Dear Mr Colby Self,

The Kiribati Ship Registry confirmed that your attached Provisional Registry
Certificate of Platinum II is definitely not issued by Kiribati Ship
Registry.

The Ministry of Communications, Transport & Tourism Development, Government
of Kiribati further confirmed that the attached Platinum II certificate is
definitely a fake certificate.

Perhaps, you can request the Indian authorities to contact us to investigate
into this matter.

We attach herewith a sample of genuine certificate from Kiribati Ship
Registry for you guidance.

Best regards
Liau Siew Leng
Operation Manager
Kiribati Ship Registry
10 Anson Road
#25-02 International Plaza
Singapore 079903
Tel: +65 6225 0555
Fax: +65 6225 0550
Email: info@kiribaship.com
Website: www.kiribaship.com




______________________________
__________
From: Colby Self [mailto:colby.self@gmail.com]
Sent: Friday, November 06, 2009 4:21 AM
To: Liau Siew Leng
Cc: info@kiribaship.com
Subject: Re: Registry Inquiry: Urgent

Lia Siew Leng,

Thank you for your response of October 26. Indian authorities have been told
by the owners of this vessel that it is under Kiribati Registry. Indian
authorities have approved the vessel for beaching and breaking in Alang,
India under the Kiribati Registry assumption. Please see attached documents
that were extracted from a report from the Central Technical Team in India.
Can you confirm the accuracy of these Kiribati registration claims, or does
the registration document appear to be falsified.

Your prompt response is much appreciated.

Regards,

Colby Self
Basel Action Network
206.250.5652
On Mon, Oct 26, 2009 at 8:15 PM, Liau Siew Leng wrote:
Dear Mr Colby Self,
Kindly be advised the vessel Platinum II or D.V. Platinum II (IMO number
5160180) is never registered
under Kiribati Ship Registry.

Would appreciate you can investigate further to find out the true facts and
keep us informed.

Best regards
Liau Siew Leng
Operation Manager
Kiribati Ship Registry
10 Anson Road
#25-02 International Plaza
Singapore 079903
Tel: +65 6225 0555
Fax: +65 6225 0550
Email: info@kiribaship.com
Website: www.kiribaship.com




______________________________ __________
From: Colby Self [mailto:colby.self@gmail.com]
Sent: Friday, October 16, 2009 10:40 AM
To: info@kiribaship.com
Subject: Registry Inquiry

Ms. Reenaugh,

I am writing to inquire about a former U.S. flagged vessel called the
Oceanic (IMO# 5160180) that is said to be reflagged under Kiribati registry
as of September 30, 2009 under the name Platinum II or D.V. Platinum II. Can
you inform me on whether this vessel is indeed under Kiribati registry?

Kind regards,

Colby Self
Basel Action Network