The EU Ship Recycling Regulation
Regulation (EU) No 1257/2013 of the European Parliament and of the Council of 20 November 2013 ‘on ship recycling and amending Regulation (EC) 1013/2006 and Directive 2009/16/EC’ was published in the Official Journal6 of the EU on 10 December 2013. It entered into force on 30 December 2013. Its articles will apply at various stages, as detailed in article 32 of the Regulation7.
The SRR is closely following the HKC’s structure, concepts and definitions. However, the Regulation also sets out a number of additional requirements that go beyond those set in the HKC, including on inventories of hazardous materials. In this regard, EMSA’s guidance is based on the EU specific requirements when these requirements go beyond those set in the HKC.
In accordance with Article 5 of the Regulation, all ships flying the flag of a Member State shall have on board an IHM. Furthermore, in accordance with Article 12 of the Regulation, all ships flying the flag of a third country shall also have on board an IHM when calling at a port or anchorage of a Member State. In this respect, the Regulation takes a ‘flag neutral’ approach although all ships flying the flag of a third country will be considered as if they were ‘existing ships’ and, in general, will be treated accordingly8.
In relation to the IHM, there are two basic categories of ships (i.e. flying the flag of a Member State): ‘new’ and ‘existing’ ships and a provisional category of ‘ships going for recycling’ which includes all ships going for recycling from the date of the publication of the European List and before the final application date of the SRR9. In general, a ‘new’ ship shall have on board an IHM which shall identify at least the HM referred to in Annex II of the Regulation while an ‘existing’ ship or a ‘ship going for recycling’10 before the final application date of the SRR, shall have on board an IHM which shall identify, at least, the HM listed in Annex I of the Regulation. Annex I of the Regulation lists five types of hazardous materials; Annex II lists the items of Annex I as well as an additional ten types of hazardous materials.
All ships flying the flag of a Member State shall be subject to a survey regime and they shall carry on board a ship-specific ‘Inventory Certificate’ issued by the administration or a RO authorised by it and supplemented by Part I of the IHM.
When calling at a port or anchorage of a Member State, all ships flying the flag of a third country shall carry on board a ship-specific ‘statement of compliance’ issued by the relevant authorities of the third country whose flag the ship is flying or an organisation authorised by them and supplemented by Part I of the IHM.
In both cases the IHM shall be properly maintained and updated throughout the operational life of the ship, reflecting new installations containing any HM referred to in Annex II of the Regulation and relevant changes in the structure and equipment of the ship. However, for the ships flying the flag of a third country, any possible exemptions and transitional arrangements applicable to those materials under international law will also be taken into account.
Member States shall apply port State control provisions for ships in accordance with the PSC Directive11. This control shall be limited to checking that either an inventory certificate or a ready for recycling certificate is kept on board ships flying the flag of a Member State of the Union. Ships flying the flag of a third country should always be in a position to submit a copy of the statement of compliance together with the Inventory. In addition, Member States shall apply port State control provisions for ships in accordance with Article 11 or Article 12 of the Regulation as appropriate, and they may carry out detailed inspections to enforce the relevant provisions of the Regulation.
The Hong Kong Convention and the IMO guidelines
The HKC covers the design, construction, survey, certification, operation and recycling of ships to facilitate safe and environmentally sound recycling. In accordance with Regulation 5 of the Annex of the HKC, each ship shall have on board an IHM1. The IHM shall be verified either by the Administration or by any person or organisation authorised by it.
In the wake of the adoption of the HKC, the IMO has published a number of guidelines on ship recycling. As per the Regulation, the IMO guidelines, in their updated form, shall be taken into account when compiling the IHM2, preparing a VSCP3, conducting flag State surveys4 or detailed inspections of the port State5.
In this respect, this guidance document is complementary to the relevant IMO guidelines. It is to be regarded in the light of these guidelines with a view to provide a comprehensive framework for the practical implementation of the relevant provisions of the Regulation.