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.
...
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.