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Regulation (EU) No 1257/2013 of the European Parliament and of the Council of 20 November 2013 on ship recycling and amending Regulation (EC) No 1013/2006 and Directive 2009/16/EC (Text with EEA relevance)
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1.In order to be included in the [F2United 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:
health risks to the workers concerned and to the population in the vicinity of the ship recycling facility, and
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:
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;
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.[F3The 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.
Textual Amendments
F1Words in Art. 13 heading substituted (31.12.2020) by The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/277), regs. 1, 6(12)(a); 2020 c. 1, Sch. 5 para. 1(1)
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