[ParlTrack]

Proposal for a regulation
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. This Regulation aims also at facilitating ratification of the Hong Kong Convention.

2012/12/20
Committee: ENVI

Theodoros SKYLAKAKIS

Proposal for a regulation
Article 3 – paragraph 1

1. This Regulation shall apply to ships entitled to fly the flag of a Member State or operating under its authority. Article 4, Article 5(4)-(7) and Article 11b of this Regulation also apply to non EU ships calling at a port or anchorage of a Member State to engage in a ship/port interface.

2012/12/20
Committee: ENVI

Theodoros SKYLAKAKIS

Proposal for a regulation
Article 5 – paragraph 2 a (new)

2a. As of five years from the date of application of this Regulation, non EU ships applying to be registered under the flag of a Member State shall ensure that an Inventory is kept on board or is established within six months of the registration under the flag of a Member State or during the next periodical statutory survey, whichever comes first, without prejudice to Article 11b.

2012/12/20
Committee: ENVI

Theodoros SKYLAKAKIS

Proposal for a regulation
Article 6 – paragraph 1 – point a

~~(a) prior to publication of the European List, are only recycled in ship recycling facilities that are located in the Union or in a country member of the OECD. ;~~deleted

2012/12/20
Committee: ENVI

Theodoros SKYLAKAKIS

Proposal for a regulation
Article 6 – paragraph 2 a (new)

2a. When preparing to send a ship for recycling, ship owners shall notify in writing, in due time prior to the request for the final survey, the relevant administration of the intention to recycle the ship concerned: (i) the date on which the ship was registered with that State; (ii) the ship's identification number (IMO number); (iii) the hull number on new-building delivery; (iv) the name and type of the ship; (v) the port at which the ship is registered; (vi) the name and address of the ship owner as well as the IMO registered owner identification number; (vii) the name and address of the company as well as the IMO company identification number; (viii) the name of all classification society(ies) with which the ship is classed; (ix) the ship's main particulars (Length overall (LOA), Breadth (Moulded), Depth (Moulded), Lightweight, Gross and Net tonnage, and engine type and rating); (x) the inventory of hazardous materials; and (xi) the draft ship recycling plan.

2012/12/20
Committee: ENVI

Theodoros SKYLAKAKIS

Proposal for a regulation
Article 6 – paragraph 2 b (new)

2b. Shipowners shall provide the ship recycling company with: (a) all the ship-relevant information necessary for the development of the ship recycling plan required by Article 7; (b) a copy of the ready for recycling certificate issued in accordance with Article 10.

2012/12/20
Committee: ENVI

Theodoros SKYLAKAKIS

Proposal for a regulation
Article 6 – paragraph 2 c (new)

2c. Shipowners shall take back the ship prior to the start of the recycling, where technically feasible, in case the content of hazardous materials on board does not substantially correspond to the inventory of hazardous materials and does not allow for appropriate recycling of the ship. In any event, when the condition of the ship or its equipment does not correspond substantially with the particulars of the certificate, and/or Part I of the Inventory of Hazardous Materials the ship owner is responsible for the necessary additional arrangements for the proper treatment and any extra cost incurred.

2012/12/20
Committee: ENVI

Theodoros SKYLAKAKIS

Proposal for a regulation
Article 7 – paragraph 2 a (new)

2a. The ship recycling plan has to be tacitly or explicitly approved by the competent authority in accordance with national requirements.

2012/12/20
Committee: ENVI

Theodoros SKYLAKAKIS

Proposal for a regulation
Article 9

Contract between the shipowner and a 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. 2. The contract shall be effective at the latest from the time of the request for the final survey referred to in Article 8(1)(d) and until the recycling is completed. 3. The contract shall include the following obligations for the shipowner: (a) o apply the general requirements for the preparation of recycling referred to in Article 6; (b) to provide the ship recycling facility with all the ship-relevant information necessary for the development of the ship recycling plan required by Article 7; (c) to take back the ship prior to the start of the recycling or after the start of the recycling, where technically feasible, in case the content of hazardous materials on board does not substantially correspond to the inventory of hazardous materials and does not allow for appropriate recycling of the ship. 4. The contract shall include the following obligations for the ship recycling facility: (a) to develop, in collaboration with the shipowner, a ship-specific ship recycling plan in accordance with Article 7; (b) to report the planned start of ship recycling to the shipowner in accordance with the form laid down in Annex II; (c) to prohibit the start of any recycling of the ship prior to submission of the report referred to in point (b); (d) when preparing to receive a ship for recycling, to notify in writing at least 14 days prior to the planned start of the recycling the relevant competent authorities of the intention to recycle the ship concerned: (i) name of the State whose flag the ship is entitled to fly; (ii) date on which the ship was registered with that State; (iii) ship’s identification number (IMO number); (iv) hull number on new-building delivery; (v) name and type of the ship; (vi) port at which the ship is registered; (vii) name and address of the shipowner as well as the IMO registered owner identification number; (viii) name and address of the company as well as the IMO company identification number; (ix) name of all classification society(ies) with which the ship is classed; (x) ship’s main particulars (Length overall (LOA), Breadth (Moulded), Depth (Moulded), Lightweight, Gross and Net tonnage, and engine type and rating); (xi) Inventory of hazardous materials; and (xii) draft ship recycling plan; (e) to transfer all waste generated in the ship recycling facility only to waste treatment facilities which are authorised by the competent authorities to deal with their treatment and disposal in a safe and environmentally sound manner; (f) when the partial or total recycling of a ship is completed in accordance with this Regulation, to report the completion of the ship recycling to the shipowner in accordance with the form laid down in Annex III. 5. The Commission shall be empowered to adopt delegated acts in accordance with Article 26 concerning the updating of the form of the report of planned start of ship recycling laid down in Annex II. 6. The Commission shall be empowered to adopt delegated acts in accordance with Article 26 concerning the updating of the form of the statement of completion of ship recycling laid down in Annex III.Article 9 deleted ship recycling facility

2012/12/20
Committee: ENVI

Theodoros SKYLAKAKIS

Proposal for a regulation
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.~~deleted

2012/12/20
Committee: ENVI

Theodoros SKYLAKAKIS

Proposal for a regulation
Article 9 – paragraph 2

~~2. The contract shall be effective at the latest from the time of the request for the final survey referred to in Article 8(1)(d) and until the recycling is comp~~deleted.

2012/12/20
Committee: ENVI

Theodoros SKYLAKAKIS

Proposal for a regulation
Article 9 – paragraph 3

3. The contract shall include the following obligations for the shipowner: (a) to apply the general requirements for the preparation of recycling referred to in Article 6; (b) to provide the ship recycling facility with all the ship-relevant information necessary for the development of the ship recycling plan required by Article 7; (c) to take back the ship prior to the start of the recycling or after the start of the recycling, where technically feasible, in case the content of hazardous materials on board does not substantially correspond to the inventory of hazardous materials and does not allow for appropriate recycling of the ship.deleted

2012/12/20
Committee: ENVI

Theodoros SKYLAKAKIS

Proposal for a regulation
Article 9 – paragraph 3 – point c

(c) to take back the ship prior to the start of the recycling or after the start of the recycling, where technically feasible, in case the content of hazardous materials on board does not substantially correspond to the inventory of hazardous materials and does not allow for appropriate recycling of the ship.deleted

2012/12/20
Committee: ENVI

Theodoros SKYLAKAKIS

Proposal for a regulation
Article 9 – paragraph 4

4. The contract shall include the following obligations for the ship recycling facility: (a) to develop, in collaboration with the shipowner, a ship-specific ship recycling plan in accordance with Article 7; (b) to report the planned start of ship recycling to the shipowner in accordance with the form laid down in Annex II; (c) to prohibit the start of any recycling of the ship prior to submission of the report referred to in point (b); (d) when preparing to receive a ship for recycling, to notify in writing at least 14 days prior to the planned start of the recycling the relevant competent authorities of the intention to recycle the ship concerned: (i) name of the State whose flag the ship is entitled to fly; (ii) date on which the ship was registered with that State; (iii) ship’s identification number (IMO number); (iv) hull number on new-building delivery; (v) name and type of the ship; (vi) port at which the ship is registered; (vii) name and address of the shipowner as well as the IMO registered owner identification number; (viii) name and address of the company as well as the IMO company identification number; (ix) name of all classification society(ies) with which the ship is classed; (x) ship’s main particulars (Length overall (LOA), Breadth (Moulded), Depth (Moulded), Lightweight, Gross and Net tonnage, and engine type and rating); (xi) Inventory of hazardous materials; and (xii) draft ship recycling plan; (e) to transfer all waste generated in the ship recycling facility only to waste treatment facilities which are authorised by the competent authorities to deal with their treatment and disposal in a safe and environmentally sound manner; (f) when the partial or total recycling of a ship is completed in accordance with this Regulation, to report the completion of the ship recycling to the shipowner in accordance with the form laid down in Annex III.deleted

2012/12/20
Committee: ENVI

Theodoros SKYLAKAKIS

Proposal for a regulation
Article 9 – paragraph 4 – point d

(d) when preparing to receive a ship for recycling, to notify in writing at least 14 days prior to the planned start of the recycling the relevant competent authorities of the intention to recycle the ship concerned: (i) name of the State whose flag the ship is entitled to fly; (ii) date on which the ship was registered with that State; (iii) ship's identification number (IMO number); (iv) hull number on new-building delivery; (v) name and type of the ship; (vi) port at which the ship is registered; (vii) name and address of the shipowner as well as the IMO registered owner identification number; (viii) name and address of the company as well as the IMO company identification number; (ix) name of all classification society(ies) with which the ship is classed; (x) ship's main particulars (Length overall (LOA), Breadth (Moulded), Depth (Moulded), Lightweight, Gross and Net tonnage, and engine type and rating); (xi) Inventory of hazardous materials; and (xii) draft ship recycling plan;deleted

2012/12/20
Committee: ENVI

Theodoros SKYLAKAKIS

Proposal for a regulation
Article 9 – paragraph 5

~~5. The Commission shall be empowered to adopt~~ delegated ~~acts in accordance with Article 26 concerning the updating of the form of the report of planned start of ship recycling laid down in Annex II.~~

2012/12/20
Committee: ENVI

Theodoros SKYLAKAKIS

Proposal for a regulation
Article 9 – paragraph 6

~~6. The Commission shall be empowered to adopt~~ delegated ~~acts in accordance with Article 26 concerning the updating of the form of the statement of completion of ship recycling laid down in Annex III.~~

2012/12/20
Committee: ENVI

Theodoros SKYLAKAKIS

Proposal for a regulation
Article 11 a (new)

Article 11a Inspections 1. Member States shall apply control provisions for EU ships equivalent to those laid down in Directive 2009/16/EC, in accordance to their national legislation. Except as provided for in paragraph 2, any such inspection is limited to verifying that there is on board either an Inventory Certificate or a Ready for Recycling Certificate, which, if valid, shall be accepted. 2.Where an EU ship does not carry a valid certificate or there are clear grounds for believing that: (a) the condition of the ship or its equipment does not correspond substantially with the particulars of the certificate, and/or Part I of the Inventory of Hazardous Materials or there is no procedure implemented on board the ship for the maintenance of Part I of the Inventory of Hazardous Materials; (b) there is no procedure implemented on board the ship, for the maintenance of Part I of the Inventory of Hazardous Material, a detailed inspection may be carried out taking into account guidelines developed by the IMO. 3. An EU ship to which this Regulation applies may be warned, detained, dismissed or excluded from the ports or offshore terminals under the jurisdiction of a Member State in the event that it fails to submit to the port authorities a copy of the inventory certificate or the ready for recycling certificate, as appropriate, without prejudice to the provisions of Article 10. A Member State taking such action shall immediately inform the administration of the ship concerned. Failure to update the inventory of hazardous materials does not constitute a detainable deficiency, but any inconsistencies in the inventory must be reported to the administration of that ship and must be redressed at the time of next survey. 4. Access to a specific port or anchorage may be permitted by the relevant authority of that Member State in the event of force majeure or overriding safety considerations, or to reduce or minimize the risk of pollution or to have deficiencies rectified, provided that adequate measures to the satisfaction of the relevant authority of such Member State have been implemented by the owner, the operator or the master of the ship to ensure safe entry.

2012/12/20
Committee: ENVI

Theodoros SKYLAKAKIS

Proposal for a regulation
Article 11 b (new)

Article 11b Provisions applicable to non-EU ships 1. As from five years from the date of application of this Regulation, a non EU ship shall not be allowed to enter into ports or anchoring in areas under the jurisdiction of a Member State unless it has established a inventory of hazardous materials. 2. The inventory of hazardous materials shall fulfil the requirements set out in Article 4, Article 5(4)(a), Article 5(4)(b), Article 5(4)(d), Article 5(4)(f), Article 5(5), Article 5(6)(a) and Article 5(7). It shall be kept on board and be available at the time of entrance into ports or anchorages under the jurisdiction of a Member State. 3. A non EU ship shall submit to the port authorities a copy of a statement of compliance with the provisions referred to in the previous paragraph together with the inventory of hazardous materials. 4. The statement of compliance shall be issued after verification of the inventory of hazardous materials by the relevant authorities of the State whose flag the ship is flying or any person or organization authorized by it, according to national requirements . 5. The statement of compliance and inventory of hazardous materials shall be drawn up in an official language of the issuing administration and where the language used is not English, French or Spanish, they shall be translated into one of those languages. 6. Notwithstanding paragraph 1 of this Article, Article 11a(4) shall also apply to non EU ships.

2012/12/20
Committee: ENVI

Theodoros SKYLAKAKIS

Proposal for a regulation
Article 12 – paragraph 3 a (new)

A ship recycling facility is required: (a) to report to the ship owner that the ship recycling facility is ready in every respect to start the recycling of the ship (b) when the partial or total recycling of a ship is completed in accordance with this Regulation, to send a statement of the completion of the ship recycling to the administration within 14 days. The statement of the completion shall include a report on incidents and accidents damaging human health and/or environment, if any. A copy of the statement of the completion shall be sent to the ship owner.

2012/12/20
Committee: ENVI

Theodoros SKYLAKAKIS

Proposal for a regulation
Article 12 – paragraph 3 b (new)

The Commission shall be empowered to adopt delegated acts in accordance to Article 26 concerning the updating of the form of (a) the report of planned start of ship recycling laid down in Annex II to ensure it is consistent with Appendix 6 to the Convention; and (b) the statement of completion of ship recycling laid down in Annex III to ensure it is consistent with Appendix 7 to the Convention.

2012/12/20
Committee: ENVI

Theodoros SKYLAKAKIS

Proposal for a regulation
Article 16 – paragraph 3 – point b – point 2 a (new)

(2a) where the ship recycling facility is located in a State that applies prohibitions or discriminatory measures against any ships flying the flag of a Member State.

2012/12/20
Committee: ENVI

Theodoros SKYLAKAKIS

Proposal for a regulation
Article 23 – paragraph 1

1. Member States shall ensure that effective, proportionate and dissuasive penalties are applicable to ships that: (d) do not have on board an inventory of hazardous materials required by Articles 5 and 28; (e) were sent for recycling without complying with the general requirements for the preparation set out in Article 6; (f) were sent for recycling without an inventory certificate required by Article 6; (g) were sent for recycling without a ready for recycling certificate required by Article 6; (h) were sent for recycling without a notification to the administration in writing as required by Article 21; (i) were recycled in a manner which did not conform with the ship recycling plan required by Article 7.deleted

2012/12/20
Committee: ENVI

Theodoros SKYLAKAKIS

Proposal for a regulation
Article 23 – paragraph 2

2. The penalties shall be effective, proportionate and dissuasive. In particular, where a ship is sent for recycling in a ship recycling facility which is not included in the European list the applicable penalties shall, as a minimum, correspond to the price paid to the shipowner for its shipMember States shall determine penalties applicable for infringements to the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.

2012/12/20
Committee: ENVI

Theodoros SKYLAKAKIS

Proposal for a regulation
Article 23 – paragraph 5

5. Where a ship is sold and, within less than six months after the selling, is sent for recycling in a facility which is not included in the European list, the penalties shall be: (a) jointly imposed to the last and penultimate owner if the ship is still flying the flag of an European Member State; (b) only imposed to the penultimate owner if a ship is not flying anymore the flag of an European Member State.deleted

2012/12/20
Committee: ENVI

Theodoros SKYLAKAKIS

Proposal for a regulation
Article 23 – paragraph 6

6. Exemptions to the penalties mentioned in paragraph 5 may be introduced by Member States in the case where the shipowner has not sold its ship with the intention to have it recycled. In that case, Member States shall request evidence supporting the shipowner's claim including a copy of the sales contract.deleted

2012/12/20
Committee: ENVI

Theodoros SKYLAKAKIS

Proposal for a regulation
Article 28 – paragraph 2

2. Member States may, prior to the publication of the European list, authorise the recycling of ships in facilities located outside the Union subject to the verification that the ship recycling facility complies with the requirements set out in Article 12 based on the information provided by the shipowner, the ship recycling facilities or acquired by other means.deleted

2012/12/20
Committee: ENVI

Theodoros SKYLAKAKIS

Proposal for a regulation
Article 31 a (new)

Article 31a 1. This Regulation shall apply from [3/6/9 months] after the date that the combined maximum annual ship recycling volume of the ship recycling facilities included in the European list constitutes not less than 3 per cent of the gross tonnage of the combined merchant shipping of the EU Member States, but not earlier than [the date of entry into force of this regulation + two years]. 2. By way of derogation from paragraph 1, Title III shall apply as from 12 months after the date of entry into force of this Regulation. 3. The Commission shall publish in the Official Journal of the European Union a notice concerning the date of application of this Regulation when the conditions referred to in paragraph 1 have been fulfilled. ____________ * OJ please insert the date: one year after the entry into force of this Regulation.

2012/12/20
Committee: ENVI

28 Amendments of Theodoros SKYLAKAKIS related to 2012/0055(COD)

ParlTrack - 2011-2024