THE EUROPEAN UNION (EU) SHIP RECYCLING REGULATION (SRR)
The European Union (EU) adopted the EU Ship Recycling Regulation 2013 (Regulation (EU) No. 1257/2013), which entered into force 30 December 2013. This regulation applies to ships greater or equal to 500 gross tonnes, flying the flag of an EU member or flying the flag of a third country calling at European ports or anchorages. The objective of the Regulation is to reduce the negative impacts linked to the recycling of EU-flagged ships, especially in South Asia, without creating unnecessary economic burdens.
The EU SRR is generally aligned with the Hong Kong Convention, restricting or prohibiting the use of hazardous materials including asbestos, ozone-depleting substances, PCBs, and antifouling compounds and systems. Also in line with the Hong Kong Convention, each new European ship (or a ship flying a flag of the third country calling at EU port or anchorage) will be required to have on board an Inventory of Hazardous Materials (IHM) verified by the relevant administration or authority. The EU regulation, however, adds Perfluorooctane Sulfonic Acid (PFOS) to the list of controlled Hazardous Material (in Annex I) and Brominated Flame Retardant (HBCDD) to the list of items for the Inventory of Hazardous Materials (in Annex II).
New EU flagged ships (the building contract placed on or after the date of application of the Regulation) will need to have on board an IHM at delivery while existing vessels will need to have on board an IHM not later than 31 December 2020. In case however a ship flying the flag of an EU Member State is to be recycled, it will need to develop an Inventory of Hazardous Material, as far as practicable, regardless of the facility to be used for recycling.
EU flagged ships will be required to be recycled at EU authorized Ship Recycling Facilities, either in EU or in third countries. Ship Recycling Facilities within the EU have to be authorized by national authorities and, in case of non-EU Ship Recycling Facilities, by independent verifiers with appropriate qualifications. The European List of ship recycling facilities has been officially published on 19 December 2016 and includes 18 ship recycling facilities located in the EU. Assessment of ship recycling facilities located outside of the EU is ongoing and the list will be updated in the future through Implementing Acts to add more compliant facilities or to remove facilities which have ceased to comply.
In addition, the EU SRR extends more into downstream waste management than the Hong Kong Convention, having more stringent requirements pertaining to environmental requirements, health and safety, and certifications and inspections. Ship recycling facilities should ensure they understand and follow the additional requirements prior to applying to be included on the EU SRR list of approved facilities.
APPLICATION SCHEDULE
The EU SRR shall apply from the earlier of the following two dates:
a. 6 months after the date that the combined maximum annual ship recycling output of the ship recycling facilities included in the European List constitutes not less than 2,5 million light displacement tonnes (LDT), or
b. on 31 December 2018.
MAIN DIFFERENCES BETWEEN THE HONG KONG CONVENTION AND EU SRR 1257/2013:
The EU 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 the following:
• SRR has different time lines for the application of the requirements, depending on specific ship stage, EU or non-EU flagged, etc.
• SRR sets additional requirements for approved ship recycling facilities to: - Control of any leakage, in particular in intertidal zones - Handle Hazardous Material (HM) and waste only on impermeable floors with effective drainage systems - Operate from built structures - Implement standards for downstream waste management
• The following table summarizes the minimum control and respective inclusion in the IHM of the two additional hazardous materials (and Ozone Depleting Substances as regards exceptions in the HKC) on board ships either flying the flag of a Member State or a flag of a third country:
Article 4 prohibits or restricts the installation or use of hazardous materials referred to in Annex I on ships after the date of application of the SRR. After the initial preparation of the IHM, it shall be properly maintained and updated reflecting new installations containing hazardous material referred to in Annex II of the SRR.
Article 4 prohibits or restricts the installation or use of hazardous materials referred to in Annex I on ships after the date of application of the SRR. After the initial preparation of the IHM, it shall be properly maintained and updated reflecting new installations containing hazardous material referred to in Annex II of the SRR.
The European Maritime Safety Agency (EMSA) recently published the Best Practice Guidance on the Inventory of Hazardous Materials. The document provides guidance and a harmonized approach to the development and maintenance of the IHM and for the inspection of ships ascertaining their compliance, to identifying non-compliances and to applying control procedures for the enforcement of the Regulation.