Archived press release

Government Must Answer Crucial Ghost Ship Questions

10 November 2003

Friends of the Earth today called for an urgent inquiry into how ships from the US ghost fleet arrived in the UK despite the fact that the permissions for receiving and disposing of the boats was not in place and despite the fact that the Environment Agency warned MARAD that this was the case.

Although the UK Government now says that "the proposed shipment of these vessels…for dismantling cannot be completed consistent with international rules and community law" and that "the law requires the ships to be returned to the United States", the first two boats have been allowed to moor temporarily on Teesside because weather concerns make their immediate return "impracticable". A further two ghost fleet vessels are also heading towards the UK, despite requests from the UK Government and the Environment Agency, at least a week ago, for the ships to be returned to the US.

Friends of the Earth is demanding answers to several crucial questions, including:

• Why were these vessels allowed to leave the US before all the necessary permissions were in place and despite MARAD having explicitly been warned that the permissions were not in place?

• Why did the Environment Agency wait until 31 October 2003 before declaring that the licences granted by them were invalid when they had written to MARAD four weeks earlier warning that this might be the case?

• Why did the US authorities refuse to order the return of the boats to the States when asked to do so by the UK Government. And where were the boats when they were first told?

• Why did the Environment Agency fail to spot that the waste management licence held by Able UK did not cover the disposal of ships?

Friends of the Earth's Director, Tony Juniper, said:

"The British Government needs to provide some clear answers and explain how this situation has come about. Friends of the Earth has been asking questions about the legality of these ships for months. Why has it taken so long for the answers to come out?These ships set out from the United States before all the necessary permissions were in place. Why didn't the US authorities respond to British calls to turn them around? As a result, these ships will now spend the winter in Hartlepool. Given that we are now in this unhappy situation, it is essential that safety issues are addressed and that the ships are made ready for the return journey as soon as possible."

Notes

Some FAQs concerning the Ghost Ship permissions

1. There is no planning permission to build a dry-dock bund.

   Says who? Hartlepool Borough Council (the planning authority)

   When? Hartlepool BC formally announced their view on 7 October 2003 (press release here). However, it had been widely understood for months prior to that date that the permission had lapsed.

   So what? Without that planning permission it is not possible to seal the basin with the result that the ships cannot be dismantled in a dry dock. Dismantling in a dry dock has always been central to the entire project.

   What do Able say? Able say that they are confident that they have all necessary permissions in place.

2. The Waste Management Licence does not permit scrapping of ships

   Says who? The Environment Agency

   When? In an email to Able on Sunday 2 November 2003

   So what? This is important because it has been suggested that even without the increased tonnage provided by the modified licence the first two ships could be dismantled in Hartlepool. However, it is now clear that the licence simply does not cover the scrapping of ships at all. It is also important because the Agency granted the modification on 30 September 2003 on the basis that ships were already part of the licence.

   What do Able say? Able have not responded publicly to this so far as we know.

3. The modification to the Waste Management Licence is invalid

   Says who? The Environment Agency

   When? On Friday 31 October

   Who granted the modification? The Environment Agency

   When? On 30 September 2003

   Why did they change their mind? The Agency have concluded that the modification to the WML was incorrectly granted for a number of reasons. One reason was that the environmental assessment was made on the assumption that the work would be carried out in a dry dock, an assumption which no longer holds, and therefore the assessment did not accurately assess the project as it could be carried out. In addition, because of the changes required to the licence (increasing the tonnage from 24,500 to 200,000 tonnes) a new licence was required rather than a modification.

   So what? Without a modified waste management licence in place the site is not permitted to carry out the work.

   What to Able say? Able say that they are confident that they have all necessary permissions in place.

4. The Transfrontier shipment of waste notification is not valid

   Says who? The Environment Agency

   When? 31 October 2003 - press release (here)

   Who granted it? The Environment Agency

   When? 23 July 2003

   So what? Without a valid TFS notification the entire shipment is unlawful.

   What do Able say? No public comment so far as we know.

5. Other licences necessary to build the dry dock bund are not in place

   Says who? Environment Agency, Elliot Morley

   When? 31 October 2003 (the Agency), 3 November 2003 (statement to the Commons)

   Which licences are these? In order to build a dry dock bund and carry out associated works the company need to obtain two licences under the Food and Environmental Protection Act 1985 (FEPA). These are granted by DEFRA. The first was applied for only on 24 September 2003, the second on 22 October 2003. These licences generally take at least 10 weeks to process.

   So what? Why did the Agency agree to modify the WML on 30 September without these permissions being in place and without the environmental impacts of those permissions having been considered?

Short Chronology (UK Perspective)

July 22- Environment Agency grant the Transfrontier Shipment of Waste Notification (now declared invalid).

July 28 - Able UK announced the deal.

July 31 - Able apply to the Environment Agency for modification of waste management licence to allow them to complete the project.

August 18 - Able UK apply for planning permission to build a coffer dam/bund

September 3 - The deal was branded ``an environmental disaster in the making'' by Liberal Democrat environment spokesman Norman Baker.

September 17 - Hartlepool BC inform Able that an environmental impact assessment would be required. Able UK withdraw their application for planning permission. Able state that they propose to rely upon their previous planning permission (now declared lapsed).

September 29 - Environment Agency write to MARAD stating that they had not yet completed the environmental assessment that they needed to carry out and advising MARAD that the consequences of the ships being released before permissions are in place is that the ships might be repatriated.

September 30 - Environment Agency grant a modification to the Waste Management Licence increasing the tonnage of waste from 24,500 to 200,000 tonnes (now declared invalid).

September 30 - US Court case. Both Able UK and Friends of the Earth file evidence with the US Court concerning the state of permissions in the UK.

October 2 - A US judge in Washington allowed four of the 13 vessels to set off from Virginia. She declared the first two to be in a `dangerously deteriorating condition'. She granted a Temporary Restraining Order preventing the remaining nine from leaving.

October 3 - Friends of the Earth send legal letter before claim to the Environment Agency informing them that they would start proceedings against the Agency because modification (30 September) was unlawful and invalid.

October 3 - Concerned Hartlepool residents held a public meeting and voiced fears about the amount of asbestos on board the vessels, which the company planned to put in a landfill site.

October 6 - Environment Agency issue press statement in response to Friends of the Earth's legal challenge -"we are absolutely satisfied that we have complied with all the necessary legislation and after working with all the relevant bodies, have made the right decision that ensures the environment is protected. We are an experienced and competent regulator…"

October 6 - Hartlepool BC inform Able and Able's legal advisers that it is their view that Able does not have a planning permission to build the bund/dam.

October 6 - The first two ships, the Canisteo and Caloosahatchee leave Virginia.

October 7 - Hartlepool BC issue a Media Statement confirming their view that Able does not have a planning permission to build the bund/dam

October 13 - EU Environment Commissioner Margot Wallstrom calls on UK not to accept the ships describing it as too great a risk

October 17 - The second two ships, Compass Island and Canopus, leave Virginia.

October 30 - After giving the Environment Agency numerous opportunities to respond to its legal letter before claim Friends of the Earth files Judicial Review papers with the High Court. Three Hartlepool residents also file judicial review papers.

October 30 - Environment Agency meet with Able to explain their findings regarding the transfrontier shipment notification and the waste management licence

October 31 - The Environment Agency writes to Friends of the Earth and to Able stating that the modification to the waste management licence cannot stand and stating that they would agree to having the licence quashed by the Court. The Environment Agency issue a press release stating that the modification to the waste management licence and the transfrontier notification are both invalid. Hartlepool hold a full day public meeting with presentations by concerned parties. Able UK issue statement that "Able have all necessary licences and planning permissions for the receiving, remediation and recycling of the MARAD ships."

November 2 - Environment Agency writes to Able UK informing them that the waste management licence did not (as previously thought) permit scrapping of ships and reiterating that the transfrontier shipment of waste notification was also invalid. Environment Agency also inform Able UK that it is now their understanding that the use of the modification process to vary permitted tonnage was unlawful.

November 3 - Environment minister Elliott Morley urged the US to take back the vessels, which are by now mid-Atlantic.

November 4 - Councillors in Hartlepool called on transport minister Alistair Darling to prevent the ships from entering British waters.

November 5 - The High Court in London blocked any work on the ships when they arrive after Friends of the Earth and three individuals brought an action against Able UK. Mr Justice Maurice Kay granted an injunction preventing work from starting until at least next month when key legal challenges will be heard.

November 6 - Mayor of Hartlepool calls on Tony Blair to turn the ships back.

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Published by Friends of the Earth Trust