Ship recycling

KEY POINTS

• The legislation applies to all ships flying the flag of an EU country and to vessels with non-EU flags that call at an EU port or anchorage. The only exceptions are warships, other vessels on non-commercial government service and ships below 500 gross tonnes. It sets out responsibilities for ship owners and for recycling facilities both in the EU and in other countries.
• Every new ship has to have on board an inventory of the hazardous materials (such as asbestos, lead or mercury) it contains in either its structure or equipment. The use of certain hazardous materials is forbidden.
• Before a ship is recycled, its owner must provide the company carrying out the work with specific information about the vessel and prepare a ship recycling plan. This, for instance, identifies the type and amount of hazardous materials and waste that will be generated from the obsolete vessel.
• Recycling may only take place at facilities listed on the EU List of facilities, which was launched by Commission Implementing Decision (EU) 2016/2323. The facilities may be located in the EU or in non-EU countries. They must comply with a series of requirements related to workers' safety and environmental protection.
• These requirements are designed to prevent health risks to the workers involved and the neighbouring population and to minimise any adverse effects on the environment. They also provide for specific training and protective equipment for employees dismantling the vessels and require a record to be kept of any incidents or accidents.
• The legislation contains an authorisation process for ship recycling yards within the EU. Those in other countries must submit an application to the European Commission and demonstrate that they fulfil all the criteria in the regulation.
• In 2014, the Council Decision 2014/241/EU was adopted, authorising EU countries having ships flying their flag or registered under their flag to ratify or to accede to the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships. The Convention covers the design and construction of ships so as to facilitate safe and environmentally-sound recycling without compromising ship safety and operational efficiency. It also requires ship recycling facilities to operate in a safe and environmentally-friendly manner, and for mechanisms to be set up to ensure that ship recycling rules are complied with.
• EU countries must submit reports on ship recycling every 3 years, including information such as lists of ships to which a ready for recycling certificate has been issued and information on illegal ship recycling. Amending Decision (EU) 2018/853 establishes that reports should cover three years.