Activities of Vittorio PRODI related to 2012/0055(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on ship recycling PDF (456 KB) DOC (659 KB)
Amendments (27)
Amendment 125 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Whereas Directive 2009/20/EC lays down the rules applicable to certain aspects of the obligations on shipowners as regards their insurance for maritime claims and obligates all ships, flying an EU Member State flag or otherwise, to have insurance in place when such ships enter a port under the Member State's jurisdiction, and constitutes a mechanism for control and enforcing the specific legislation on ships and international shipping,
Amendment 126 #
Proposal for a regulation
Recital 2
Recital 2
(2) The mechanisms for controlling aban amend menforcing the current legislation at international and European level are not adapted to the specificities of ships and international shipping and have proved to bet to the Basel Convention has not been ratified by all parties, hence making the convention ineffective in preventing unsafe and unsound ship recycling practices.
Amendment 128 #
Proposal for a regulation
Recital 3
Recital 3
(3) Current ship recycling capacity in OECD countries which is legally accessible to ships flying the flag of a Member State is insufficienthas been rendered insufficient through a lack of European industrial policy aimed at keeping raw materials available and internalising environmental costs and the lack of revitalisation of European shipyard recycling facilities and, in ultimate analysis, through the disregard of the extended producer responsibility principle. Safe and sound recycling capacity which already exists in countries which are not members of the OECD ismay be sufficient to treat all EU- flagged ships and is expected to expand further by 2015 as the results of actions taken by recycling countries to meet the requirements of the Hong Kong Convention on one side, and on the lack of interest in keeping European competition in this sector on the other.
Amendment 131 #
Proposal for a regulation
Recital 4
Recital 4
(4) The Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships (‘'the Hong Kong Convention’') was adopted on 15 May 2009 under the auspices of the International Maritime Organization at thefollowing a request ofby the Parties to the Basel ConventionIMO Assembly to its Marine Environment Protection Committee to develop a legally binding instrument on ship recycling. The Hong Kong Convention will only enter into force 24 months after the date of ratification by at least 15 States representing a combined merchant fleet of at less 40 per cent of the gross tonnage of the world's merchant shipping and whose combined maximum annual ship recycling volume during the preceding 10 years constitutes not less than three per cent of the gross tonnage of the combined merchant shipping of the same States. The Member States should ratify the Convention at the earliest opportunity in order to hasten its entry into force in the hope that this will facilitate widespread ratification by the international community. The Convention covers the design, construction, operation and preparation of ships so as to facilitate safe and environmentally sound recycling without compromising ship safety and operational efficiency; it also covers the operation of ship recycling facilities in a safe and environmentally sound manner, and the establishment of an appropriate enforcement mechanism for ship recycling.
Amendment 132 #
Proposal for a regulation
Recital 5
Recital 5
(5) The Hong Kong Convention provides explicitly for its Parties to take more stringent measures consistent with international law, with respect to the safe and environmentally sound recycling of ships, in order to prevent, reduce or minimise any adverse effects on human health and the environment. The establishment of a European list of ship recycling facilities fulfilling the requirements set out in this Regulation would contribute to that objective as well as to better enforcement by facilitating the flag states’' control of ships going for recycling. Those requirements for ship recycling facilities should be based on the requirements of the Hong Kong Convention in as much as these respect European environmental and labour standards.
Amendment 137 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) The provisions of the Basel Convention, as laid down in Regulation (EC) No 1013/2006 and Directive 2008/98/EC on waste, should continue to apply to the recycling of ships. Under the Basel Convention, all ships that contain hazardous materials and are to be disposed of or intended to be disposed of, are hazardous wastes. Under the Ban Amendment of the Basel Convention which has been ratified by the EC and all Member States and implemented likewise by Regulation (EC) No 1013/2006, ships designated as hazardous waste cannot be recycled in non OECD countries.
Amendment 140 #
Proposal for a regulation
Recital 13
Recital 13
(13) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers notwithstanding the incapacity of the European Union to act as party to the Hong Kong Convention.
Amendment 142 #
Proposal for a regulation
Recital 14
Recital 14
(14) Since the objective to prevent, reduce or eliminate adverse effects on human health and the environment caused by the recycling, operation and maintenance of ships flying the flag of a Member State cannot be sufficiently achieved by the Member States due to the international character of shipping and ship recycling, and can therefore be better achieved at Union level although the ratification of Hong Kong Convention would transfer the EU competence for regulating ship recycling issues back to EU Member States, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective,
Amendment 144 #
Proposal for a regulation
Article 1
Article 1
The purpose of this Regulation is to prevent, reduce or eliminate adverse effects on human health and the environment caused by the recycling, operation and maintenance of ships flying the flag of a Member State while implementing the measures laid down in Directive 2009/20/EC.
Amendment 151 #
Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)
Article 2 – paragraph 1 – point 20 a (new)
(20a) 'insurance' means insurance against damages to the environment or to people resulting from unsound recycling;
Amendment 158 #
Proposal for a regulation
Article 4 – title
Article 4 – title
Amendment 161 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. In order to promote the prevention of waste Member States shall encourage, in particular: (a) shipowners, in liaison with ship builders, material and equipment manufacturers, to limit the use of hazardous substances in ships and to reduce them as far as possible from the conception of the ships onwards, so as in particular to prevent their release into the environment, make recycling easier, and avoid the need to dispose of hazardous waste; (b) the design and production of new ships which take into full account and facilitate the dismantling, repair and in particular , the recycling of end-of life ships, their components and materials; (c) ship builders, in liaison with material and equipment manufacturers, to integrate an increasing quantity of recycled material in ships and other products, in order to develop the markets for recycled materials.
Amendment 163 #
Proposal for a regulation
Article 4 – paragraph 4 b (new)
Article 4 – paragraph 4 b (new)
4b. Member States shall ensure that existing EU ships keep onboard an inventory of hazardous materials as required by Article 5, along with a recycling plan, that shall be part of the insurance certificate already foreseen by Directive 2009/20/EC, as foreseen by Article 7.
Amendment 165 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. An inventory of hazardous materials shall be kept on board of each new ship.
Amendment 184 #
Proposal for a regulation
Article 6 – paragraph 1 – point e a (new)
Article 6 – paragraph 1 – point e a (new)
(ea) hold a valid insurance certificate against damages to the environment or to people resulting from unsound recycling, stating the facility chosen for the recycling operation.
Amendment 188 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. A ship-specific ship recycling plan shall be developed prior to any recycling of a shiprawn up at the same time as the issuing of an insurance certificate, required by the Directive 2009/20/EC together with a ship recycling facility which is legally entitled to receive EU end of life ships no later than 36 months after entry into force of this Regulation.
Amendment 190 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. In the case of transfer of ownership it will be the duty of the new owner to establish the recycling plan together with the new mandatory insurance certificate. The ship owner will transmit to the national authorities a copy of the recycling plan included in the insurance contract.
Amendment 193 #
Proposal for a regulation
Article 7 – paragraph 2 – point e a (new)
Article 7 – paragraph 2 – point e a (new)
(ea) be updated/reviewed every five years.
Amendment 195 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Surveys shall be carried by out by officers of the administrationnational competent authorities or of a recognised organisation acting on behalf of the administration.
Amendment 202 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The shipowner and a ship recycling facility complying with the requirements set out in Article 12 shall enter into a contract in relation to any ship which needs to be recycled.
Amendment 212 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
1. After completion of an initial or renewal survey or of an additional survey conducted at the request of the shipowner, a Member State shall issue an inventory certificate in accordance with the form laid down in Annex IV. This certificate shall be supplemented by Part I of the inventory of hazardous materials and also be transmitted to the insurance company indicated by the ship owner.
Amendment 213 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. After successful completion of a final survey in accordance with Article 8(6), the administration shall issue a ready for recycling certificate in accordance with the form laid down in Annex V. This certificate shall be supplemented by the inventory of hazardous materials and, the ship recycling plan and the insurance certificate.
Amendment 236 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The European list shall be published in the Official Journal of the European Union and on the website of the Commission at the latest thirty-six months after the day of entry into force of this Regulation. It shall be split into two sub-lists, including EU/OECD, and non OECD ship recycling facilities, respectively.
Amendment 240 #
Proposal for a regulation
Article 18
Article 18
Member States shall designate the competent authorities responsible for the implementation of this Regulation to be the same as those responsible for the implementation of the Basel Convention and shall notify the Commission of those designations.
Amendment 241 #
Proposal for a regulation
Article 21 – point c
Article 21 – point c
(c) transmit to the administration and the relevant insurance company the report of the completion of the ship recycling established by the ship recycling facility as required by Article 9(4)(f) in order to be entitled to the erogation of the relevant reimbursement, foreseen by the insurance contract.
Amendment 244 #
Proposal for a regulation
Article 23 – paragraph 1 – point d
Article 23 – paragraph 1 – point d
(d) do not have on board an inventory of hazardous materials and an insurance contract, as required by Articles 5 and 28;
Amendment 253 #
Proposal for a regulation
Article 29
Article 29