On 20th December 2004, three civil society organizations of France (Ban Asbestos France (Bannir l'Amiante) and Syndicat CGT de la DCN de Toulon) wrote an Open Letter to the Minister of the Army, Mrs Alliot-Marie, trying to alert the French public opinion emphasizing on two issues: 1) The irregular conditions of a partial asbestos removal done on the former aircraft-carrier, Le Clemenceau 2) The export to India of the ship with 22 tons of asbestos waste on board without any consideration for the health of Indian workers who will have to get it off.

The French Minister did not provide any answer to the Open Letter. Some photos, which have been published by the paper la Marseillaise, on 5th of January 2005, are illustrative. For example, the workers have only half-masks which are not efficient for asbestos removal operations. Such works for asbestos removal in ships should have to be very strictly controlled in relation to the high danger of pollution by asbestos fibers. This means, at a minimum, that some labor inspection could be done by one of the French public organisms, which are in charge of it.

The export to India of Le Clemenceau with 22 tons of asbestos waste on board is illegal. The EU rule n° 259/93 adopted by the Council who met on 1993 the 1st, stipulates (art. 14) that « are forbidden every exports of waste which are planned to be eliminated, except those sent to the countries which are affiliated to the European Association of FreeTrade (in French, Association Européenne de Libre Echange, AELE) and which signed the Basel Convention».

Asbestos is classified in the “red list” of the same European regulation (annex IV). It is obvious that asbestos is waste planned to be eliminated.
Besides, India is not a member of the AELE and the Basel Convention concerning the control of the movements across the boundaries for the elimination of hazardous waste, signed by France and India, which points out that these movements are forbidden if the state, which plans to export, has the means permitting the elimination of such waste (article4-9-a).

At the moment, asbestos removal in the ships – which is a very complex operation in order to be done without danger – is not regulated and controlled in India in a law, which aims to avoid any danger for the workers and the environment.

The French Law on the environment, in its article L-541-40, which contains the same rule on export of toxic waste that the European regulation, stipulates that a criminal sanction can be applied, if the rules are not applied.

Therefore, civil society organizations representing workers and asbestos victims are not satisfied by some reassuring declarations of the French Administration in charge of the problem (les Domaines) and of the Indian company, which both signed the Clemenceau market.

In the circumstances, it appears that sending le Clemenceau in India for demolition with 22tons of asbestos on board is illegal. As a result, the asbestos removal must be done entirely in France in proper condition.

The Financial Express, an Indian financial daily reported the ‘routine’ announcement of French government on August 29, 2004 that passed almost un-noticed. It was reported that the French government has discarded aircraft carrier Le Clemenceau and this would be sent to Alang shipbreaking yard in Gujarat (India) for recycling.

The French authorities on their part had claimed a fair deal. “As far as the French aircraft carrier Le Clemenceau is concerned, after having been de-commissioned in Toulon (France) in 1997, the hull is at present being de-toxicated by the European Company Ship Decommissioning Industry Corporation. This highly professional company, which actually bought the hull, is working in strict compliance with the European regulations,” said Ronon Ballot, Naval Attache, Embassy of France in India, to the Financial Express.

“The ‘clean’ hull should reach India in the first quarter of 2005, to be scrapped by the Indian company AG Enterprises Ltd-Shree Ram Vessels Scrap Ltd, in Alang, Gujarat, under the control of its above-mentioned European buyer,” he had informed.

Le Clemenceau has long been in search of a harbour where it could be recycled. It was rejected by Turkey and Greece, who cited a series of chemical hazards such as PCBs (polychlorinated biphenyls), TBT (tributyltin), asbestos, and in all probability, radioactive waste on board. Both countries refused to let the Le Clemenceau into their waters until it had been decontaminated.

The French authorities had committed to decontaminating the ship in Spain, but for inexplicable reasons the ship never reached Spain. The French also tried to pass off the ship to China, which also refused it entry. Le Clemenceau stayed stranded in the Mediterranean, as no country was willing to take it for scrapping.

Environmental organisations have been protesting and demanding adequate steps to ensure the safety of the environment and workers from the export of ships to India.

French authorities must adhere to EU Waste shipment law, International Maritime Organisation guidelines on ship recycling and the Basel Convention. The EU Waste Shipment Regulation obligates the member states like France to ensure that the shipment of waste is reduced to the minimum, consistent with environmentally sound and efficient management of such wastes.

Indian Supreme Court has laid down guidelines on ship recycling and the Basel Convention, which must be met. Supreme Court of India in its October 14, 2003 order refers to the issue of Ship Breaking saying, ‘We accept the following recommendations of HPC (Report of the High Powered Committee on Management of Hazardous Wastes): "Before a ship arrives at port, it should have proper consent from the concerned authority or the State Maritime Board, stating that it does not contain any hazardous waste or radioactive substances…. The ship should be property decontaminated by the ship owner prior to the breaking. This should be ensured by the SPCBS.

Supreme Court constituted Hazardous Waste Monitoring Committee and all the concerned government agencies should take cognisance of how Killer Clemenceau is steering its course for the Indian shore. In India, grant of fresh mining leases and renewal of existing mining leases for asbestos are presently banned in India on health grounds. The lease of most of the pre-existing mines would expire in February 2005 and they would most likely be not renewed further. Also blue and brown asbestos and asbestos waste is banned in the country, its only the white asbestos which remains to be banned.

Indian Government should stop its trade in all asbestos containing products including the import of Le Clemenceau with 22 tons of asbestos waste on board which is illegal as per Indian Hazardous Waste (Management and Handling) Rules, 2003 as well.

Import of asbestos waste is banned

Hazardous Wastes (Management and Handling) Amendment Rules, 2003 "SCHEDULE - 1 [See rule 3(14)(a)] List of Hazardous Wastes-Production of asbestos or asbestos-containing materials - Asbestos-containing residues & Discarded asbestos and Dust/particulates from exhaust gas treatment
Schedule – 8 [See rule 12 (1)] Hazardous Wastes Prohibited for Import and Export
Basel* No. A 2050 RB 010 - Waste Asbestos (Dust and Fibres)