Ships with toxic waste/ The director of Basel instructs the Albanian government through a letter

2024-09-18 15:20:00, Aktualitet CNA

Ships with toxic waste/ The director of Basel instructs the Albanian government

The executive director of the Basel Network, Jim Puckett, has addressed a letter to the Ministry of Environment and Tourism regarding hazardous waste containers.

Through the letter, Puckett that the letter proposes a protocol to examine, analyze and then handle the material to avoid allegations of bad faith, to ensure full public transparency and to protect the environment and human health in this matter that has turned in a very busy matter.

Pucket proposes a straightforward plan for container testing that will minimize the controversy or claims that have been made about the issue from the start.

The director of Basel recommends that sampling of toxic waste should begin immediately after the arrival of the first ship.

According to Puckett, it is likely that the first shipment to arrive in Durrës will be the 41 containers transported by Maria Saveria.

Further, he presented in points on the paper, what steps the Albanian government should follow in relation to the case.

Full letter

September 18, 2024

OPEN LETTER

Ms. Mirela Kumbaro Furxhi

Minister

Ministry of Tourism and Environment

Republic of Albania

[email protected]

Ms. Elvana Ramaj

Competent Authority for the Basel Convention and Focal Point for the Basel Convention

Director of the Directorate of Circulating Economy

Ministry of Tourism and Environment

Republic of Albania

[email protected]

Subject: Proposal for Testing of Suspected Hazardous Waste Returning to Durrës, Albania

Dear Ms. Kumbaro and Mrs. Rama,

I would like to introduce myself as the Executive Director of Basel Action Network, a global NGO that supports the implementation of the Basel Convention, the UN treaty that regulates the transboundary movement of hazardous waste. As you are no doubt aware, we have raised the alarm regarding 102 shipping containers suspected of containing hazardous waste, which are returning to Durrës, Albania, after leaving this port at the beginning of July this year bound for Thailand. It is essential for the health of the citizens of Albania and the environment, as well as for compliance with international law, that these containers are tested to determine if they contain hazardous waste, as suspected, so that appropriate measures can be taken.

I am writing to you today to propose a simple and transparent plan for testing these suspected remains upon their return to Durrës. BAN is aware that this issue has attracted considerable media attention within Albania, along with many rumors and speculations. We are concerned that, unless a proper plan is put in place for accepting and sampling suspected remains, it could lead to conspiracy theories, a lack of transparency and misinformation that serves no one.

Therefore, we believe that the best step for the government of Albania and the Albanian citizens is to open the containers publicly and take separate samples. This would put the government in a positive light, showing that it is protecting citizens and the environment from pollution. Also, this would protect the government from any possible accusations of fraud or lack of transparency. An open public event would establish Albania as a positive example of the effective implementation of the Basel Convention.

Although you are no doubt familiar with the facts of this case, I am briefly summarizing them here.

In early July, 102 containers loaded with tons of material left the port of Durrës in Albania, bound for Thailand, with the majority of the shipment on two Maersk vessels. The cargo documents of these containers are attached.

Shortly thereafter, BAN was informed by a confidential whistleblower that the containers contained hazardous electrical arc furnace (EAF) dust, and we were provided with photographs showing the loading at Durrës of those very containers confirmed to be on board the ships. BAN further confirmed the whistleblower's information by reviewing the cargo documents, which indicated the material was "fines, zinc concentrate". EAF dust is often sold as zinc concentrate and is one of the few waste streams that is a "fines", as it comes from dust collected in steel furnaces to capture what would otherwise be released as harmful air pollution. BAN is now 95% confident that the containers contain EAF dust or a partially processed EAF dust residue. EAF dust is a known hazardous waste that may contain high levels of toxic metals such as lead and hazardous organic compounds such as PAHs and dioxins/furans.

As you know, Albania is a Party to the Basel Convention, which regulates any transboundary shipment of hazardous waste between countries. If the containers contained hazardous materials, then they could not have been sent to another country without the written consent of the exporting country, Albania, transit countries such as Italy, Malta, Morocco, South Africa and Singapore, and the importing country, Thailand. None of these countries have given their consent, and therefore, if the containers are shown to contain hazardous waste, then these shipments constitute "illegal traffic" under Article 9 of the Basel Convention. Illegal traffic is a criminal offence.

Also, if the containers contain hazardous waste in dust form, this raises serious questions as to why they were allowed to be exposed to wind and rain at the port, given the high risks for environmental and human health impacts.

Following BAN's warnings, Singapore and Thailand refused to complete the shipments and both Maersk and MSC joined the effort to return the containers. Currently, the 102 containers are split between two MSC ships.

41 containers are on MSC Maria Saveria**, currently in the port of Valencia, Spain, where they are being transferred to MSC Annick (DC436A). They are scheduled to arrive in Sines, Portugal on September 21, 2024. The Port of Destination is listed as Durrës, but as of today, there is no further information publicly available.

61 containers are on board MSC Ditte**, which is currently off the coast of Sierra Leone and is expected to arrive in Port Said, Egypt on Sep 26, 2024. It is later expected to arrive in Tekirdag (Asyaport), Turkey on Oct 9. 2024. Port of Destination is listed as Durrës, but no further public information is available to date.

Neither MSC nor Maersk have plans to test the containers and maintain that this action should be carried out by the Albanian government. We agree with that. However, testing must be carried out carefully to ensure that the public has confidence in the results. In order to achieve this success, we are writing this letter.

Protocol for Residue Testing: Proper and Transparent Techniques**

We propose a simple container testing plan that will minimize controversy or allegations of dishonesty. We recommend that sampling begins immediately after the arrival of the first vessel. It is likely that the first shipment that will arrive in Durrës will be the 41 containers transported by Maria Saveria. We believe that waiting for the second ship would create unnecessary controversy. The second ship should also be tested once it arrives. After the first shipment arrives in Durrës, we recommend that the government take the following steps:

1. Ensure that the first shipment of containers is complete** and that the container seals are not broken. Place them in a certain area of ??the port.

2. Set a sampling date** and notify the public of the event in advance so that the press, NGOs, international observers, government officials and any interested parties can attend.

3. On the day of sampling**, allow observers to have a clear view of three containers that have not yet had their seals broken. Sampling three containers provides a more accurate representation of the shipment.

4. When the seals are broken and the doors of the three containers** are opened, a trained specialist should take a sample from each of the three containers and place it in a clean glass container. Samples from all three containers should be mixed well with a clean glass rod.

5. Then, the sample must be divided into two equal parts**, where one sample is submitted to the Albanian Ministry of Environment and Tourism, and the other is sent to an independent third party, which is located in another country.

6. The government must send its sample to a laboratory of choice**, while the independent third party will send its sample to their laboratory of choice.

7. The results of both analyzes must be published** in the official paper of the laboratories involved.

8. If the analysis shows that the materials inside the containers are hazardous, then they should be treated as hazardous waste from that moment. If a safe, legal recycling solution cannot be found that properly manages the waste, then it must be disposed of in a landfill designed for hazardous waste.

9. Materials must first be properly placed in leak-proof containers designed for the transportation of hazardous waste before being sent for recycling or landfill.

We strongly believe that any testing that deviates significantly from the general plan outlined above risks undermining public confidence in the results. We understand that the steps described above may seem cumbersome, but we think they can avoid a long and unnecessary debate. By following this protocol, the government can turn this unusual situation into a success story for the proper testing and treatment of suspected hazardous waste, as well as its proper disposal if confirmed as such.

In this regard, we recommend that the Republic of Albania asks OLAF to take on the role of an independent third party, keeping the split sample under its care. If OLAF cannot perform this role, BAN can recommend respected and neutral UN consultants or NGOs abroad who can undertake the management of the independent analysis of the split sample.

In conclusion, I want to emphasize that BAN is a friend of Albania, and only wants a safe and successful solution to this problem. We are ready to help in any way we can, and please do not hesitate to contact me directly if you have any questions. Thank you for your time and attention to this matter.

Sincerely,

Jim Puckett

Executive Director

Basel Action Network

[email protected]/