Ship Recycling
Main objectives, scope and relationship with the Basel/WSR regime
Rules applicable to ships
The installation or use of hazardous materials, including certain anti-fouling compounds and systems, on ships covered under he SRR, is prohibited (Article 4 and Annex I). An inventory of hazardous materials must be kept on board of new ships as well as, as far as practicable, of existing ships and ships going for recycling. Prior to recycling, this inventory should be completed by a list of any hazardous materials on board (Article 5).
Among the materials that cannot be installed at all are asbestos, PBC, and installations containing ozone-depleting substances. Existing ships shall comply with these requirements as far as practicable. Since 2021, ships flying the flag of the third country are also required to have on board an inventory of hazardous materials when calling at a port or anchorage of Member State. (Arts 4, 5, and 12, and Annex I SRR).
Surveys shall be carried out before the ship is put into service or before the inventory certificate is issued (initial survey), at intervals not exceeding five years (renewal survey), after a change, replacement, or significant repair (additional survey) and, lastly, prior to the ship being taken out of service (final survey) (Article 8). An inventory certificate is issued after successful completion of an initial or renewal survey [Article 9(1)]. After successful completion of a final survey, the competent authority issues a “ready for recycling certificate” which is supplemented by the inventory of hazardous materials and the ship recycling plan [Article 9(9)].
A ship flying the flag of a third country must have on board an inventory of hazardous substances whenever it calls at a port or anchorage of a Member State, except in the event of force majeure or of overriding safety considerations, as well as to “reduce or minimise the risk of pollution” or to have deficiencies rectified. The installation of hazardous substances in a port of anchorage of a Member State is prohibited or restricted (Article 12).
Each Member State must have a designated authority which carries out regular surveys of ships. The initial inspection of a new ship must be carried out before the ship is put in service, or before the inventory certificate is issued. For existing vessels, an initial survey had to be conducted by 31 December 2020. The aim of the study is to verify that Part I of the inventory of hazardous materials complies with the requirements of the Regulation. After successful completion of an initial or renewal survey, the administration or a recognised organisation authorised by it shall issue an inventory certificate for a period not exceeding five years. (Arts 8 and 9 SRR).
Ship recycling facilities
From 31 December 2018, the EU-flagged commercial vessels must be recycled in safe and environmentally sound ship recycling facilities that are included on the “European List of ship recycling facilities” (the “European List”, see preamble, recital No 7 of the SRR). The SRR further specifies that a facility is authorised by the competent authorities and testifies that the facility is designed, constructed and operated “in a safe and environmentally sound manner”, that it establishes management and monitoring systems, procedures, and techniques minimising, and, to the extent practicable, eliminates health risks to workers and the population and adverse effects on the environment, and more generally a “sound management and storage” of hazardous substances and waste (Article 13). The European List is maintained by the Commission (preamble, recital No 7), whereas it was first established on 19 December 2016 and is periodically updated.
A ship recycling company owning a ship recycling facility located in a third country and intending to recycle ships flying the flag of a Member State must submit an application to the Commission for inclusion of that ship recycling facility in the European List. In order for such an inclusion to be granted, the application must be accompanied with evidence that the ship recycling facility complies with the above requirements, which must be certified by an independent verifier with appropriate qualifications following a site inspection (Article 15).
When preparing to send a ship for recycling, the ship owners are required to provide the operator of the ship recycling facility with all ship-relevant information necessary for the development of a so-called ship recycling plan. They also must notify the relevant Member State authority of the intention to recycle the ship in a specified ship recycling facility or facilities. The owners shall be responsible for the vessel and shall make arrangements to maintain the ship in compliance with the requirements of the administration of the Member State whose flag the ship is flying up until the operator of the ship recycling facility accepts responsibility for the ship.