TITLE IU.K.SUBJECT-MATTER, SCOPE AND DEFINITIONS
Article 1U.K.Subject matter and purpose
The purpose of this Regulation is to prevent, reduce, minimise and, to the extent practicable, eliminate accidents, injuries and other adverse effects on human health and the environment caused by ship recycling. The purpose of this Regulation is to enhance safety, the protection of human health and of the Union marine environment throughout a ship′s life-cycle, in particular to ensure that hazardous waste from such ship recycling is subject to environmentally sound management.
This Regulation also lays down rules to ensure the proper management of hazardous materials on ships.
This Regulation also aims to facilitate the ratification of the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, 2009 (‘the Hong Kong Convention’).
Article 2U.K.Scope
1.This Regulation, with the exception of Article 12, shall apply to [United Kingdom ships].
[Article 12 shall ... apply to ships, other than United Kingdom ships, calling at a port or anchorage in the United Kingdom.]
2.This Regulation shall not apply to:
(a)any warships, naval auxiliary, or other ships owned or operated by a state and used, for the time being, only on government non-commercial service;
(b)ships of less than 500 gross tonnage (GT);
[(c) United Kingdom flagged ships operating throughout their life in United Kingdom waters only.]
Article 3U.K.Definitions
1.For the purposes of this Regulation, the following definitions apply:
(1)
‘ship’ means a vessel of any type whatsoever operating or having operated in the marine environment, and includes submersibles, floating craft, floating platforms, self-elevating platforms, Floating Storage Units (FSUs), and Floating Production Storage and Offloading Units (FPSOs), as well as a vessel stripped of equipment or being towed;
(2)
‘new ship’ means a ship for which either:
(a)
the building contract is placed on or after the date of application of this Regulation;
(b)
in the absence of a building contract, the keel is laid or the ship is at a similar stage of construction six months after the date of application of this Regulation or thereafter; or
(c)
the delivery takes place thirty months after the date of application of this Regulation or thereafter;
(3)
‘tanker’ means an oil tanker as defined in Annex I to the Convention for the Prevention of Pollution from Ships (‘MARPOL Convention’) or a Noxious Liquid Substances (NLS) tanker as defined in Annex II to that Convention;
(4)
‘hazardous material’ means any material or substance which is liable to create hazards to human health and/or the environment;
(5)
‘operationally generated waste’ means waste water and residues generated by the normal operation of ships subject to the requirements of the MARPOL Convention;
(6)
‘ship recycling’ means the activity of complete or partial dismantling of a ship at a ship recycling facility in order to recover components and materials for reprocessing, for preparation for re-use or for re-use, whilst ensuring the management of hazardous and other materials, and includes associated operations such as storage and treatment of components and materials on site, but not their further processing or disposal in separate facilities;
(7)
‘ship recycling facility’ means a defined area that is a yard or facility ... used for the recycling of ships;
(8)
‘ship recycling company’ means, the owner of the ship recycling facility or any other organisation or person who has assumed the responsibility for the operation of the ship recycling activity from the owner of the ship recycling facility;
(9)
‘administration’ means a governmental authority designated by a [state] as being responsible for duties related to ships flying its flag or to ships operating under its authority;
(10)
‘recognised organisation’ means an organisation recognised in accordance with Regulation (EC) No 391/2009 of the European Parliament and of the Council();
(11)
‘competent authority’ means a governmental authority or authorities designated by a [state] or a third country as responsible for ship recycling facilities, within a specified geographical area or an area of expertise, relating to all operations within the jurisdiction of that state;
(12)
‘gross tonnage’ means the gross tonnage (GT) calculated in accordance with the tonnage measurement regulations contained in Annex I to the International Convention on Tonnage Measurement of Ships, 1969, or any successor convention;
(13)
‘competent person’ means a person with suitable qualifications, training, and sufficient knowledge, experience and skill, for the performance of the specific work;
(14)
‘ship owner’ means the natural or legal person registered as the owner of the ship, including the natural or legal person owning the ship for a limited period pending its sale or handover to a ship recycling facility, or, in the absence of registration, the natural or legal person owning the ship or any other organisation or person, such as the manager or the bareboat charterer, who has assumed the responsibility for operation of the ship from the owner of the ship, and the legal person operating a state-owned ship;
(15)
‘new installation’ means the installation of systems, equipment, insulation or other material on a ship after the date of application of this Regulation;
(16)
‘ship recycling plan’ means a plan developed by the operator of the ship recycling facility for each specific ship to be recycled under its responsibility taking into account the relevant IMO guidelines and resolutions;
(17)
‘ship recycling facility plan’ means a plan prepared by the operator of the ship recycling facility and adopted by the board or the appropriate governing body of the ship recycling company that describes the operational processes and procedures involved in ship recycling at the ship recycling facility and that covers in particular workers’ safety and training, protection of human health and the environment, roles and responsibilities of personnel, emergency preparedness and response, and systems for monitoring, reporting and record-keeping, taking into account the relevant IMO guidelines and resolutions;
(18)
‘safe-for-entry’ means a space that meets all of the following criteria:
(a)
the oxygen content of the atmosphere and the concentration of flammable vapours are within safe limits;
(b)
any toxic materials in the atmosphere are within permissible concentrations;
(c)
any residues or materials associated with the work authorised by the competent person will not produce uncontrolled release of toxic materials or an unsafe concentration of flammable vapours under existing atmospheric conditions while maintained as directed;
(19)
‘safe-for-hot work’ means a space in which all of the following criteria are met:
(a)
safe, non-explosive conditions, including gas-free status, exist for the use of electric arc or gas welding equipment, cutting or burning equipment or other forms of naked flame, as well as heating, grinding, or spark-generating operations;
(b)
the safe-for-entry criteria set out in point 18 are met;
(c)
existing atmospheric conditions do not change as a result of the hot work;
(d)
all adjacent spaces have been cleaned, rendered inert or treated sufficiently to prevent the start or spread of fire;
(20)
‘statement of completion’ means a confirmatory statement issued by the operator of the ship recycling facility that the ship recycling has been completed in accordance with this Regulation;
(21)
‘inventory certificate’ means a ship-specific certificate that is issued ... in accordance with Article 9 and that is supplemented by an inventory of hazardous materials in accordance with Article 5;
(22)
‘ready for recycling certificate’ means a ship-specific certificate that is issued ... in accordance with Article 9(9) and that is supplemented by an inventory of hazardous materials in accordance with Article 5(7) and the approved ship recycling plan in accordance with Article 7;
(23)
[‘statement of compliance’ means, subject to Article 12(7A), a ship-specific certificate supplemented by an inventory of hazardous materials in accordance with Article 12;]
(24)
‘light displacement tonnes (LDT)’ means the weight of a ship in tonnes without cargo, fuel, lubricating oil in storage tanks, ballast water, fresh water, feedwater, consumable stores, passengers and crew and their effects and it is the sum of the weight of the hull, structure, machinery, equipment and fittings of the ship.
(25)
[‘United Kingdom ship’ means a ship registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995;
(26)
‘the EU Regulation as it has effect in EU law’ means Regulation (EU) No 1257/2013 of the European Parliament and the Council of 20 November 2013 on ship recycling and amending Regulation (EC) No 1013/2006 and Directive 2009/16/EC as it has effect in EU law;
(27)
‘European List’ means the list of ship recycling facilities established and amended from time to time by the European Commission under Article 16 of the EU Regulation as it has effect in EU law;
(28)
‘United Kingdom List’ means the list of ship recycling facilities established by the Secretary of State under Article 16;
(29)
‘direct EU legislation’ has the meaning given in section 3(2) of the European Union (Withdrawal) Act 2018;
(30)
‘Hong Kong Convention’ means the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships 2009.]
2.For the purposes of Article 7(2)(d) and Articles 13, 15 and 16,
(a)‘waste’, ... ‘treatment’ and ‘waste management’ have the same meaning as in Article 3 of Directive 2008/98/EC;
[(aa)‘hazardous waste’ has the same meaning as in Article 3 of Directive 2008/98/EC, save that that Directive is to be read as if, in Annex III of that Directive—
(i)in the HP9 ‘Infectious’ Section, in the second sentence, for “in the Member States” substitute “ in the United Kingdom ”;
(ii)in the HP15 ‘Waste capable of exhibiting a hazardous property listed above not directly displayed by the original waste’ Section—
(aa)the reference to “Member States” were a reference to the Secretary of State;
(ab)the reference to Annex VI to Council Directive 67/548/EEC were a reference to Annex I of Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures;]
(b)‘site inspection’ means an inspection of the ship recycling facility assessing whether the conditions on site are consistent with those described in any relevant documentation provided;
(c)‘worker’ means any person who performs work, either regularly or temporarily, in the context of an employment relationship, including the personnel working for contractors and subcontractors;
(d)‘environmentally sound management’ means taking all practicable steps to ensure that waste and hazardous materials are managed in a manner which protects human health and the environment against the adverse effects which may result from such materials and waste.
3.For the purposes of point 13 of paragraph 1, a competent person may be a trained worker or a managerial employee capable of recognising and evaluating occupational hazards, risks, and employee exposure to potentially hazardous materials or unsafe conditions in a ship recycling facility, and who is capable of specifying the necessary protection and precautions to be taken to eliminate or reduce those hazards, risks or that exposure.
Without prejudice to Directive 2005/36/EC of the European Parliament and of the Council(), the competent authority may define appropriate criteria for the designation of such persons and may determine the duties to be assigned to them.
TITLE IIU.K.SHIPS
Article 4U.K.Control of hazardous materials
The installation or use of hazardous materials referred to in Annex I on ships shall be prohibited or restricted as specified in Annex I, without prejudice to other requirements of relevant [direct EU legislation] which may require further measures.
Article 5U.K.Inventory of hazardous materials
1.Each new ship shall have on board an inventory of hazardous materials, which shall identify at least the hazardous materials referred to in Annex II and contained in the structure or equipment of the ship, their location and approximate quantities.
2.Subject to point (b) of Article 32(2), existing ships shall comply, as far as practicable, with paragraph 1.
In the case of [existing] ships going for recycling, they shall comply, as far as practicable, with paragraph 1 of this Article ....
Subject to point (b) of Article 32(2), when the inventory of hazardous materials is developed it shall identify, at least, the hazardous materials listed in Annex I.
3.The inventory of hazardous materials shall:
(a)be specific to each ship;
(b)provide evidence that the ship complies with the prohibition or restrictions on installing or using hazardous materials in accordance with Article 4;
(c)be compiled taking into account the relevant IMO guidelines;
(d)be verified either by the administration or a recognised organisation authorised by it.
4.In addition to paragraph 3, for existing ships a plan shall be prepared describing the visual or sampling check by which the inventory of hazardous materials is developed and taking into account the relevant IMO guidelines.
5.The inventory of hazardous materials shall consist of three parts:
(a)a list of hazardous materials referred to in Annexes I and II, in accordance with the provisions of paragraphs 1 and 2 of this Article, and contained in the structure or equipment of the ship, with an indication of their location and approximate quantities (Part I);
(b)a list of the operationally generated waste present on board the ship (Part II);
(c)a list of the stores present on board the ship (Part III).
6.Part I of the inventory of hazardous materials shall be properly maintained and updated throughout the operational life of the ship, reflecting new installations containing any hazardous materials referred to in Annex II and relevant changes in the structure and equipment of the ship.
7.Prior to recycling, and taking into account the relevant IMO guidelines, the inventory of hazardous materials shall, in addition to the properly maintained and updated Part I, incorporate Part II for operationally generated waste and Part III for stores, and be verified by the administration or a recognised organisation authorised by it.
8.[The Secretary of State may make regulations] updating of the list of items for the inventory of hazardous materials in Annexes I and II to ensure that the lists include at least the substances listed in Appendices I and II of the Hong Kong Convention.
...
Article 6U.K.General requirements for ship owners
1.When preparing to send a ship for recycling, ship owners shall:
(a)provide the operator of the ship recycling facility with all ship-relevant information, necessary for the development of the ship recycling plan set out in Article 7;
(b)notify in writing the relevant administration, within a timeframe to be determined by that administration, of the intention to recycle the ship in a specified ship recycling facility or facilities. The notification shall include at least:
(i)
the inventory of hazardous materials; and
(ii)
all ship-relevant information provided under point (a).
2.Ship owners shall ensure that ships destined to be recycled:
(a)are only recycled at ship recycling facilities that are included in [the United Kingdom List];
(b)conduct operations in the period prior to entering the ship recycling facility in such a way as to minimise the amount of cargo residues, remaining fuel oil, and ship generated waste remaining on board;
(c)hold a ready for recycling certificate issued by the administration or a recognised organisation authorised by it prior to any recycling of the ship and after the receipt of the ship recycling plan approved in accordance with Article 7(3).
3.Ship owners shall ensure that tankers arrive at the ship recycling facility with cargo tanks and pump rooms in a condition ready for certification as safe-for-hot work.
4.Ship owners shall provide the operator of the ship recycling facility with a copy of the ready for recycling certificate issued in accordance with Article 9.
5.Ship owners shall be responsible for the ship and shall make arrangements to maintain that ship in compliance with the requirements of the administration ... up until such time as the operator of the ship recycling facility accepts responsibility for that ship. The operator of the ship recycling facility may decline to accept the ship for recycling if the condition of the ship does not correspond substantially with the particulars of the inventory certificate, including where Part I of the inventory of hazardous materials has not been properly maintained and updated, reflecting changes in the ship’s structure and equipment. In such circumstances, the ship owner shall retain responsibility for that ship and shall inform the administration thereof without delay.
Article 7U.K.Ship recycling plan
1.A ship-specific ship recycling plan shall be developed prior to any recycling of a ship. The ship recycling plan shall address any ship-specific considerations that are not covered in the ship recycling facility plan or that require special procedures.
2.The ship recycling plan shall:
(a)be developed by the operator of the ship recycling facility in accordance with the relevant provisions of the Hong Kong Convention and taking into account the relevant IMO guidelines and the ship-relevant information provided by the ship owner in accordance with Article 6(1)(a) so that its contents are consistent with the information contained in the inventory of hazardous materials;
(b)clarify whether and to what extent any preparatory work, such as pre-treatment, identification of potential hazards and removal of stores, is to take place at a location other than the ship recycling facility identified in the ship recycling plan. The ship recycling plan should include the location where the ship will be placed during recycling operations and a concise plan for the arrival and safe placement of the specific ship to be recycled;
(c)include information concerning the establishment, maintenance and monitoring of the safe-for-entry and safe-for-hot work conditions for the specific ship, taking into account features such as its structure, configuration and previous cargo, and other necessary information on how the ship recycling plan is to be implemented;
(d)include information on the type and amount of hazardous materials and of waste to be generated by the recycling of the specific ship, including the materials and the waste identified in the inventory of hazardous materials, and on how they will be managed and stored in the ship recycling facility as well as in subsequent facilities; and
(e)be prepared separately, in principle, for each ship recycling facility involved where more than one ship recycling facility is to be used, and identify the order of use and the authorised activities that will occur at those facilities.
3.The ship recycling plan shall be tacitly or explicitly approved by the competent authority in accordance with the requirements of the state where the ship recycling facility is located, where applicable.
Explicit approval shall be given when the competent authority sends a written notification of its decision on the ship recycling plan to the operator of the ship recycling facility, the ship owner and the administration.
Tacit approval shall be deemed given, if no written objection to the ship recycling plan is communicated by the competent authority to the operator of the ship recycling facility, the ship owner and the administration within a review period laid down in accordance with the requirements of the state where the ship recycling facility is located, where applicable, and notified in accordance with Article 15(2)(b).
4.[The Secretary of State may require the] administration to send to the competent authority of the state where the ship recycling facility is located the information provided by the ship owner pursuant to Article 6(1)(b) and the following details:
(i)
the date on which the ship was registered within the State whose flag it flies;
(ii)
the ship’s identification number (IMO number);
(iii)
the hull number on new-building delivery;
(iv)
the name and type of the ship;
(v)
the port at which the ship is registered;
(vi)
the name and address of the ship owner as well as the IMO registered owner identification number;
(vii)
the name and address of the company;
(viii)
the name of any classification societies with which the ship is classed;
(ix)
the ship’s main particulars (Length overall (LOA), Breadth (Moulded), Depth (Moulded), LDT, Gross and Net tonnage, and engine type and rating).
Article 8U.K.Surveys
1.Surveys of ships shall be carried out by officers of the administration, or of a recognised organisation authorised by it, taking into account the relevant IMO guidelines.
2.Where the administration uses recognised organisations to conduct surveys, as described in paragraph 1, it shall, as a minimum, empower such recognised organisations to:
3.Ships shall be subject to the following surveys:
(a)an initial survey;
(b)a renewal survey;
(c)an additional survey;
(d)a final survey.
4.The initial survey of a new ship shall be conducted before the ship is put in service, or before the inventory certificate is issued. For existing ships, an initial survey shall be conducted by 31 December 2020. The survey shall verify that Part I of the inventory of hazardous materials complies with the requirements of this Regulation.
5.The renewal survey shall be conducted at intervals specified by the administration, which shall not exceed five years. The renewal survey shall verify that Part I of the inventory of hazardous materials complies with the requirements of this Regulation.
6.The additional survey, either general or partial depending on the circumstances, shall be conducted if requested by the ship owner after a change, replacement or significant repair of the structure, equipment, systems, fittings, arrangements and material, which has an impact on the inventory of hazardous materials. The survey shall be such as to ensure that any change, replacement, or significant repair has been made in a manner that ensures that the ship continues to comply with the requirements of this Regulation, and that Part I of the inventory of hazardous materials is amended as necessary.
7.The final survey shall be conducted prior to the ship being taken out of service and before the recycling of the ship has started.
That survey shall verify that:
(a)the inventory of hazardous materials complies with the requirements of Article 5;
(b)the ship recycling plan properly reflects the information contained in the inventory of hazardous materials and complies with the requirements of Article 7;
(c)the ship recycling facility where the ship is to be recycled is included in [the United Kingdom List or] the European List.
8.For existing ships intended for ship recycling, the initial survey and the final survey may be conducted at the same time.
Article 9U.K.Issuance and endorsement of certificates
1.After successful completion of an initial or renewal survey, the administration or a recognised organisation authorised by it shall issue an inventory certificate. That certificate shall be supplemented by Part I of the inventory of hazardous materials, referred to in Article 5(5)(a).
Where the initial survey and the final survey are conducted at the same time as provided for in Article 8(8), only the ready for recycling certificate referred to in paragraph 9 of this Article shall be issued.
[The Secretary of State may make regulations prescribing the format of the inventory certificate to ensure it is consistent with Appendix 3 to the Hong Kong Convention.]
2.An inventory certificate shall be endorsed at the request of the ship owner either by the administration or by a recognised organisation authorised by it after successful completion of an additional survey conducted in accordance with Article 8(6).
3.Subject to paragraph 4, the administration or recognised organisation authorised by it shall issue or endorse, as appropriate, an inventory certificate, where the renewal survey is successfully completed:
(a)in the three month period before the expiry date of the existing inventory certificate, and the new certificate shall be valid from the date of completion of the renewal survey to a date not exceeding five years from the date of expiry of the existing one;
(b)after the expiry date of the existing inventory certificate, and the new certificate shall be valid from the date of completion of the renewal survey to a date not exceeding five years from the date of expiry of the existing one;
(c)more than three months before the expiry date of the existing inventory certificate, and the new certificate shall be valid from the date of completion of the renewal survey to a date not exceeding five years from the date of completion of the renewal survey.
4.Where a renewal survey has been successfully completed and a new inventory certificate cannot be issued or placed on board before the expiry date of the existing certificate, the administration or recognised organisation authorised by it shall endorse the existing certificate and such a certificate shall be accepted as valid for a further period which shall not exceed five months from the date of expiry.
5.In case of an inventory certificate issued for a period of less than five years, the administration or the recognised organisation authorised by it may extend the validity of the existing certificate for a further period which shall not exceed five years.
6.In special circumstances as determined by the administration, a new inventory certificate need not be dated from the date of expiry of the existing certificate as required by points (a) and (b) of paragraph 3 and paragraphs 7 and 8. In those circumstances, the new certificate shall be valid for a period not exceeding five years from the date of completion of the renewal survey.
7.Where a ship is not at the port or anchorage where it is to be surveyed when the inventory certificate expires, the administration may, if it is proper to do so, extend the period of validity of the inventory certificate for a period not exceeding three months to enable the ship to complete its voyage to the port in which it is to be surveyed. Any such extension granted shall be conditional on the survey being completed at that port before the ship leaves. A ship to which an extension is granted shall not, on its arrival in the port in which it is to be surveyed, be entitled, by virtue of such extension, to leave the port without having a new certificate. When the renewal survey is completed, the new inventory certificate shall be valid for a period not exceeding five years from the date of expiry of the existing certificate before the extension was granted.
8.An inventory certificate for a ship engaged on short voyages and which has not been extended under the conditions referred to in paragraph 7 may be extended by the administration for a period of grace of up to one month from its expiry. When the renewal survey is completed, the new inventory certificate shall be valid for a period not exceeding five years from the date of expiry of the existing certificate before the extension was granted.
9.After successful completion of a final survey in accordance with Article 8(7), the administration or a recognised organisation authorised by it shall issue a ready for recycling certificate. That certificate shall be supplemented by the inventory of hazardous materials and the ship recycling plan.
[10.A ready for recycling certificate issued by a Member State after a final survey in accordance with Article 9(9) of the EU Regulation as it has effect in EU law must be accepted by the Secretary of State or a recognised organisation authorised by the Secretary of State and regarded for the purposes of this Regulation as having the same validity as a ready for recycling certificate issued by the Secretary of State or a recognised organisation authorised by the Secretary of State.
11.The Secretary of State may make regulations prescribing the format of the ready for recycling certificate to ensure it is consistent with Appendix 4 to the Hong Kong Convention.]
Article 10U.K.Duration and validity of certificates
1.Subject to Article 9, an inventory certificate shall be issued for a period specified by the administration, which shall not exceed five years.
2.An inventory certificate issued or endorsed under Article 9 shall cease to be valid in any of the following cases:
(a)if the condition of the ship does not correspond substantially with the particulars of that inventory certificate, including where Part I of the inventory of hazardous materials has not been properly maintained and updated, reflecting changes in ship structure and equipment, taking into account the relevant IMO guidelines;
(b)where the renewal survey is not completed within the intervals specified in Article 8(5).
3.A ready for recycling certificate shall be issued by the administration or by a recognised organisation authorised by it for a period not exceeding three months.
4.A ready for recycling certificate issued under Article 9(9) shall cease to be valid where the condition of the ship does not correspond substantially with the particulars of the inventory certificate.
5.By way of derogation from paragraph 3, the ready for recycling certificate may be extended by the administration or by a recognised organisation authorised by it for a single point to point voyage to the ship recycling facility.
Article 11U.K.Port State control
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 12U.K. [other than United Kingdom ships]
1.Subject to point (b) of Article 32(2), when calling at a port or anchorage ..., a ship [other than a United Kingdom ship] shall have on board an inventory of hazardous materials that complies with Article 5(2).
Notwithstanding the first subparagraph, access to a specific port or anchorage may be permitted by the relevant authority ... in the event of force majeure or overriding safety considerations, or to reduce or minimise the risk of pollution or to have deficiencies rectified, provided that adequate measures to the satisfaction of the relevant authority ... have been implemented by the owner, the operator or the master of the ship to ensure safe entry.
2.The installation of hazardous materials referred to in Annex I on ships [ other than United Kingdom ships], whilst in a port or anchorage [in the United Kingdom], shall be prohibited or restricted as specified in Annex I.
The use of hazardous materials referred to in Annex I on ships [ other than United Kingdom ships], whilst in a port or anchorage [in the United Kingdom], shall be prohibited or restricted as specified in Annex I, without prejudice to the exemptions and transitional arrangements applicable to those materials under international law.
3.[In respect of ships other than United Kingdom ships, the] inventory of hazardous materials shall be specific to each ship, be compiled taking into account the relevant IMO guidelines and serve to clarify that the ship complies with paragraph 2 of this Article. When the inventory of hazardous materials is developed it shall identify, at least, the hazardous materials listed in Annex I. A plan shall be established by the ship ... describing the visual/sampling check by which the inventory of hazardous materials is developed taking into account the relevant IMO guidelines.
4.The inventory of hazardous materials shall be properly maintained and updated throughout the operational life of the ship, reflecting new installations containing any hazardous materials referred to in Annex II and relevant changes in the structure and equipment of the ship, taking into account the exemptions and transitional arrangements applicable to those materials under international law.
5.A ship [other than United Kingdom ships] may be warned, detained, dismissed or excluded from [United Kingdom ports or offshore terminals] in the event that it fails to submit to the relevant authorities ... a copy of the statement of compliance in accordance with paragraphs 6 and 7, together with the inventory of hazardous materials, as appropriate and on request from those authorities. [Where a United Kingdom relevant authority takes such action, the Secretary of State must immediately inform the relevant authorities of the country whose flag the ship concerned is flying.] Failure to update the inventory of hazardous materials shall not constitute a detainable deficiency, but any inconsistencies in the inventory of hazardous materials shall be reported to the relevant authorities of the ... country whose flag that ship is flying.
6.The statement of compliance shall be issued after verification of the inventory of hazardous materials by the relevant authorities of the ... country whose flag the ship is flying or an organisation authorised by them, in accordance with the national requirements. The statement of compliance may be modelled on the basis of Appendix 3 to the Hong Kong Convention.
7.The statement of compliance and the inventory of hazardous materials shall be drawn up in an official language of the issuing relevant authorities of the ... country whose flag the ship is flying and where the language used is not English, French or Spanish, the text shall include a translation into one of those languages.
7A[In the case of ships flying the flag of an EU Member State, an inventory certificate granted under Article 9 of the EU Regulation as it has effect in EU law by that Member State will be treated as satisfying the requirements of paragraphs 6 and 7.]
8.Subject to point (b) of Article 32(2), [a non-United Kingdom flagged ship applying to be registered under the flag of the United Kingdom] shall ensure that an inventory of hazardous materials, as provided for in Article 5(2), is kept on board or is established within six months of the registration ... or during any of the next surveys under Article 8(3), whichever comes first.
TITLE IIIU.K.SHIP RECYCLING FACILITIES
Article 13U.K.Requirements necessary for ship recycling facilities to be included in the [United Kingdom] List
1.In order to be included in the [United Kingdom] List, a ship recycling facility shall comply with the following requirements, in accordance with the relevant Hong Kong Convention provisions and taking into account the relevant guidelines of the IMO, the ILO, the Basel Convention and of the Stockholm Convention on Persistent Organic Pollutants and of other international guidelines:
(a)it is authorised by its competent authorities to conduct ship recycling operations;
(b)it is designed, constructed and operated in a safe and environmentally sound manner;
(c)it operates from built structures;
(d)it establishes management and monitoring systems, procedures and techniques which have the purpose of preventing, reducing, minimising and to the extent practicable eliminating:
(i)
health risks to the workers concerned and to the population in the vicinity of the ship recycling facility, and
(ii)
adverse effects on the environment caused by ship recycling;
(e)it prepares a ship recycling facility plan;
(f)it prevents adverse effects on human health and the environment, including the demonstration of the control of any leakage, in particular in intertidal zones;
(g)it ensures safe and environmentally sound management and storage of hazardous materials and waste, including:
(i)
the containment of all hazardous materials present on board during the entire ship recycling process so as to prevent any release of those materials into the environment; and in addition, the handling of hazardous materials, and of waste generated during the ship recycling process, only on impermeable floors with effective drainage systems;
(ii)
that all waste generated from the ship recycling activity and their quantities are documented and are only transferred to waste management facilities, including waste recycling facilities, authorised to deal with their treatment without endangering human health and in an environmentally sound manner;
(h)it establishes and maintain an emergency preparedness and response plan; ensures rapid access for emergency response equipment, such as fire-fighting equipment and vehicles, ambulances and cranes, to the ship and all areas of the ship recycling facility;
(i)it provides for worker safety and training, including ensuring the use of personal protective equipment for operations requiring such use;
(j)it establishes records on incidents, accidents, occupational diseases and chronic effects and, if requested by its competent authorities, reports any incidents, accidents, occupational diseases or chronic effects causing, or with the potential for causing, risks to workers’ safety, human health and the environment;
(k)it agrees to comply with the requirements of paragraph 2.
2.The operator of a ship recycling facility shall:
(a)send the ship recycling plan, once approved in accordance with Article 7(3), to the ship owner and the administration or a recognised organisation authorised by it;
(b)report to the administration that the ship recycling facility is ready in every respect to start the recycling of the ship;
(c)when the total or partial recycling of a ship is completed in accordance with this Regulation, within 14 days of the date of the total or partial recycling in accordance with the ship recycling plan, send a statement of completion to the administration which issued the ready for recycling certificate for the ship. The statement of completion shall include a report on incidents and accidents damaging human health and/or the environment, if any.
3.[The Secretary of State may make regulations prescribing the format of—
(a)the report required by point (b) of paragraph 2 of this Article to ensure it is consistent with Appendix 6 to the Hong Kong Convention; and
(b)the statement required by point (c) of paragraph 2 of this Article to ensure it is consistent with Appendix 7 to the Hong Kong Convention.]
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 25 of this Regulation.
Article 14U.K.Authorisation of ship recycling facilities located in [the United Kingdom]
1.Without prejudice to other relevant [direct EU legislation provisions or provisions of this Regulation in relation to ship recycling facilities in Northern Ireland], competent authorities shall authorise ship recycling facilities ... that comply with the requirements set out in Article 13 to conduct ship recycling. That authorisation may be granted to the respective ship recycling facilities for a maximum period of five years and renewed accordingly.
Provided that the requirements of this Regulation are complied with, any permit produced pursuant to other relevant [legislation, including direct EU legislation,] may be combined with the authorisation under this Article to form a single permit, where such a format obviates the unnecessary duplication of information and the duplication of work by the operator of the ship recycling facility or the ship recycling company or the competent authority. In those cases the authorisation may be extended in accordance with the permit regime referred to in the first subparagraph, but not exceeding a maximum period of five years.
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4.Where a ship recycling facility ceases to comply with the requirements set out in Article 13, the [competent authorities] shall suspend or withdraw the authorisation given to it or require corrective actions by the ship recycling company concerned ....
[5.Where a ship recycling facility in Northern Ireland—
(a)has been authorised in accordance with paragraph 1; or
(b)ceases to comply with the requirements set out in Article 13,
the Secretary of State shall inform the Commission thereof without delay.]
Article 15U.K.Ship recycling facilities located [outside the United Kingdom]
1.A ship recycling company owning a ship recycling facility located [outside the United Kingdom] and intending to recycle [United Kingdom ships] shall submit an application to the [Secretary of State] for inclusion of that ship recycling facility in the [United Kingdom] List.
2.The application referred to in paragraph 1 shall be accompanied by evidence that the ship recycling facility concerned complies with the requirements set out in Article 13 in order to conduct ship recycling and to be included in the [United Kingdom] List in accordance with Article 16.
In particular, the ship recycling company shall:
(a)identify the permit, license or authorisation granted by its competent authorities to conduct the ship recycling and, where relevant, the permit, license or authorisation granted by the competent authorities to all its contractors and sub-contractors directly involved in the process of ship recycling and specify all information referred to in Article 16(2);
(b)indicate whether the ship recycling plan will be approved by the competent authority through a tacit or explicit procedure, specifying the review period relating to tacit approval, in accordance with national requirements, where applicable;
(c)confirm that it will only accept [a United Kingdom ship] for recycling in accordance with this Regulation;
(d)provide evidence that the ship recycling facility is capable of establishing, maintaining and monitoring of the safe-for-hot work and safe-for-entry criteria throughout the ship recycling process;
(e)attach a map of the boundary of the ship recycling facility and the location of ship recycling operations within it;
(f)for each hazardous material referred to in Annex I and additional hazardous material which might be part of the structure of a ship, specify:
(i)
whether the ship recycling facility is authorised to carry out the removal of the hazardous material. Where it is so authorised, the relevant personnel authorised to carry out the removal shall be identified and evidence of their competence shall be provided;
(ii)
which waste management process will be applied within or outside the ship recycling facility such as incineration, landfilling or another waste treatment method, the name and address of the waste treatment facility if different from that of the ship recycling facility, and provide evidence that the applied process will be carried out without endangering human health and in an environmentally sound manner;
(g)confirm that the company adopted a ship recycling facility plan, taking into account the relevant IMO guidelines;
(h)provide the information necessary to identify the ship recycling facility.
[3.The Secretary of State may make regulations specifying the format of the information required to identify the ship recycling facility.]
4.In order to be included in the [United Kingdom List], compliance by ship recycling facilities located [outside the United Kingdom] with the requirements set out in Article 13 shall be certified following a site inspection by an independent verifier with appropriate qualifications. The certification shall be submitted to the [Secretary of State] by the ship recycling company when applying for inclusion in the [United Kingdom List] and, every five years thereafter, upon renewal of the inclusion in the [United Kingdom List]. The initial inclusion on the list and the renewal thereof shall be supplemented by a mid-term review to confirm compliance with the requirements set out in Article 13.
By applying for inclusion in the [United Kingdom List], ship recycling companies accept the possibility of the ship recycling facility concerned being subject to site inspections by [the Secretary of State or competent authority] prior to or after their inclusion in the [United Kingdom List] in order to verify compliance with the requirements set out in Article 13. The independent verifier, [the Secretary of State or competent authority] shall cooperate with the competent authorities of the ... country where the ship recycling facility is located in order to carry out those site inspections.
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5.For the purposes of Article 13, with regard to the waste recovery or disposal operation concerned, environmentally sound management may only be assumed to be in place provided the ship recycling company can demonstrate that the waste management facility which receives the waste will be operated in accordance with human health and environmental protection standards that are broadly equivalent to [relevant standards set down in international law and direct EU legislation].
6.The ship recycling company shall provide updated evidence without delay in the event of any changes to the information provided to the [Secretary of State] and shall, in any event, three months prior to expiry of each five year period of inclusion on the [United Kingdom] List, declare that:
(a)the evidence that it has provided is complete and up-to-date;
(b)the ship recycling facility continues and will continue to comply with the requirements of Article 13.
[Article 16U.K.Establishment and updating of the United Kingdom List
1.The Secretary of State must publish and maintain a list of ship recycling facilities which—
(a)are located in the United Kingdom and have been authorised in accordance with Article 14(1);
(b)are located outside the United Kingdom and whose inclusion is based on an assessment of the information and supporting evidence provided or gathered in accordance with Article 15.
2.Subject to paragraph 3, the Secretary of State may include on the list of ship recycling facilities published under paragraph 1 ship recycling facilities located outside the United Kingdom which are included on the European List.
A ship recycling facility which is included on the United Kingdom List by virtue of this paragraph must inform the Secretary of State immediately if it is removed from the European List.
3.The Secretary of State must be satisfied that, at the time at which a ship recycling facility within paragraph 2 was approved for inclusion on the European List, the standards to which its inclusion was subject were no less than those applicable to facilities included on the United Kingdom List by virtue of paragraph 1.
4.The Secretary of State may remove a ship recycling facility from the United Kingdom List where—
(a)it no longer complies with the requirements set out in Article 13;
(b)it is no longer authorised in accordance with Article 14(1);
(c)in the case of a ship recycling facility included on the United Kingdom list by virtue of paragraph 2, it is no longer included on the European List; or
(d)the five year period set out in paragraph 6 of this Article expires and updated evidence supporting its inclusion under paragraph 1 or paragraph 2 has not been provided at least three months prior to its expiry.
5.The United Kingdom List shall include all of the following information about the ship recycling facility—
(a)the method of recycling;
(b)the type and size of ships that can be recycled;
(c)any limitation and conditions under which the ship recycling facility operates, including as regards hazardous waste management;
(d)details on the explicit or tacit procedure, as referred to in Article 7(3), for the approval of the ship recycling plan by the competent authority; and
(e)the maximum annual ship recycling output.
6.The United Kingdom List shall indicate the date of expiry of the inclusion of the ship recycling facility. An inclusion shall be valid for a maximum period of five years and shall be renewable.
7.The Secretary of State shall communicate to the European Commission all information that may be relevant in respect of the updating of the European List in relation to those facilities in Northern Ireland.]
TITLE IVU.K.GENERAL ADMINISTRATIVE PROVISIONS
Article 17U.K.Language
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Article 18U.K.Designation of competent authorities and administrations
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Article 19U.K.Designation of contact persons
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Article 20U.K.Meeting of contact persons
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TITLE VU.K.REPORTING AND ENFORCEMENT
Article 21U.K.Reports by the Member States
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Article 22U.K.Enforcement in Member States
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Article 23U.K.Request for action
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TITLE VIU.K.FINAL PROVISIONS
Article 24U.K.Exercise of the delegation
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Article 25U.K.Committee procedure
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Article 26U.K.Transitional provision
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Article 27U.K.Amendment to Regulation (EC) No 1013/2006
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Article 28U.K.Amendment to Directive 2009/16/EC
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Article 29U.K.Financial incentive
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Article 30U.K.Review
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Article 31U.K.Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 32U.K.Application
1.This Regulation shall apply from the earlier of the following two dates, but not earlier than 31 December 2015:
(a)6 months after the date that the combined maximum annual ship recycling output of the ship recycling facilities included in the European List constitutes not less than 2,5 million light displacement tonnes (LDT). The annual ship recycling output of a ship recycling facility is calculated as the sum of the weight of ships expressed in LDT that have been recycled in a given year in that facility. The maximum annual ship recycling output is determined by selecting the highest value occurring in the preceding 10-year period for each ship recycling facility, or, in the case of a newly authorised ship recycling facility, the highest annual value achieved at that facility; or
(b)on 31 December 2018.
2.However in relation to the following provisions the following dates of application shall apply:
(a)Article 2, the second subparagraph of Article 5(2), Articles 13, 14, 15, 16, 25 and 26 from 31 December 2014;
(b)the first and third subparagraphs of Article 5(2) and Article 12(1) and (8) from 31 December 2020.
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[Article 33U.K.Regulations
1.Any power to make regulations under this Regulation is exercisable by statutory instrument.
2.Regulations made under this Regulation may —
(a)make different provision for different purposes, cases or areas;
(b)make consequential, incidental, supplementary, transitional or transitory or saving provisions.
3.A statutory instrument containing regulations made under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.]
This Regulation shall be binding in its entirety and directly applicable in all Member States.