1. Emilien GASC, Policy Officer
Implementing Regulation (EU) No 1257/2013 on ship recycling Genoa, 24 April 2015
Emilien GASC, Policy Officer
Waste Management & Recycling Unit Directorate-General Environment, European Commission

2. Presentation of the EU Ship Recycling Regulation
1) Why the EU Ship Recycling Regulation?
2) State of play
3) Requirements for recyclers
4) Procedure to be included in the EU List
5) Inventories of Hazardous Materials
6) Financial incentive mechanism?

3. 1) Why the European Ship Recycling Regulation ?

4. The shortcomings of the Basel regime
Economic incentive to resort to sub-standard practices
Growing need for ship recycling
Limitations on the export of Hazardous Waste
Basel
exploited
The shortcomings of the Basel regime

5. …While ensuring safe and environmentally sound recycling.
The EU rationale
Transition from a circumvented regime (Basel) to a ship-specific regime (Hong Kong)…
…While ensuring safe and environmentally sound recycling.

6.  Restrict recycling options to a List of facilities with no geographic/nationality limitation
 Add environmental requirements to effectively prevent the worst practices observed in the past decades

7. The Hong Kong Convention and the EU Regulation
At the core of the EU Regulation: the HKC & HKC guidelines
In addition: environmental requirements, European List of approved facilities

8.  Only for EU flag vessels, ≥500 GT, non-navy
The Scope
 Only for EU flag vessels, ≥500 GT, non-navy

9. 2) State of play

10. Legislative process: Adoption by European Parliament and Council
Publication in the Official Journal of the EU
Entry into force: 30 December 2013
Guidelines:
Facilities: draft circulated in Sep Apr 2015
Other aspects (e.g. IHMs, PSC): EMSA currently in charge
European List:
Applications to the EU List: Summer/Fall 2015
Publication of the EU List: 1st half of 2016
Main date of application:
The earliest of 6 months after publication of List or 31/12/2018

11. 3). What are the requirements. for ship recyclers wishing to
3) What are the requirements for ship recyclers wishing to recycle EU flag ships ?

12. Basic requirements (=HKC) –Art.13
Be authorised by the competent authorities
Facility designed and operated safely and in a clean manner
Have management and monitoring systems to prevent health risks and adverse environmental effects
Draw a Ship Recycling Facility Plan
Ensure safe and clean management and storage of HM
Transfer waste only to waste management facilities
Establish emergency preparedness plans, rapid access for emergencies
Train workers
Report on incidents

13. Additional environmental requirements compared to HKC
Control of any leakage, in particular in intertidal zones
Handle HM, and waste only on impermeable floors with effective drainage systems
Operate from built structures
Standards for downstream waste management

14. "Control of leakages, intertidal zones" (art.13(1)(f))
Regulation clearly focuses on prevention (article 13(1)(b)): the ship recycling facility prevents adverse effects on human health and the environment)
…but for leakages, notion of "control" (article 13(1)(f): the facility demonstrates the control of any leakage, in particular in intertidal zones). Control includes prevention, response to and mitigation
Control of any leakage  no category of leakage excluded
Intertidal zone = zone between the lowest and the highest tide mark

15. "Impermeable floors, effective drainage systems" (art.13(1)(g)(i))
Article 13(1)(g)(i): handling of hazardous materials, and of waste generated during the ship recycling process, only on impermeable floors with effective drainage systems
Ship recycling=waste management process. Therefore all elements separated from the ship are either hazardous materials or waste generated during the recycling process.
 Effectively, all elements separated from the ship fall under the scope of the article, i.e. must be handled on impermeable floors only.
The interior of the ship qualifies as impermeable floor if certain conditions are met

16. Built structures (art.13(1)(c))
Objective: to support the other requirements
 Enable control of leakage, workers' safety, containment of hazardous materials.
Primary cutting area: pontoons, slipways, quays, ship lifts, fixed cranes/pumps, etc.
Secondary cutting, sorting and storing areas: workstations, tanks, walls, etc.
Built structures applied to health and safety requirements: firm level roadways, washing facilities, changing rooms, etc.
No obligation to completely build up facility as long as other requirements are met.

17. Standards for downstream waste management (art.15(5))
"With regard to the waste recovery or disposal operation concerned , environmentally sound management may only be assumed to be in place provided the ship recycling company can demonstrate that the waste management facility which receives the waste will be operated in accordance with human health and environmental protections standards that are broadly equivalent to relevant international and Union standards"
Does not mean that the DWM facility should be in full compliance with EU rules.
Means that the standards and rules followed by the DWM facility should offer a similar level of protection.

18. 4) What is the procedure to be included on the EU List ?

19. Where is the recycling facility?
Facilities located in the EU must be approved by their national competent authorities and included in the List
Facilities located outside the EU must submit their applications directly to the European Commission

20. 2. The IV must carry out an onsite visit
The procedure for recyclers in 3rd countries
– 1/2 Preparing the application file
1. Facilities' owners contract an independent verifier (IV) to certify the facility
2. The IV must carry out an onsite visit
3. The owner gathers evidence of compliance, including the certification report from the IV
4. The facility owner sends the complete file to the European Commission

21. EC to review applications and establish the List
The procedure for recyclers in 3rd countries
– 2/2 After the application
EC to review applications and establish the List
Additional inspections may be carried out by the EC or agents acting on its behalf
Cooperation with the competent authorities of the third country to carry out those site inspections
The inclusion in the List is valid for 5 years, subject to a mid-term review

22. 5) Inventories of Hazardous Materials

23. Same principle as in HKC
2 additional materials (PFOS, Brominated flame retardant HBCDD)
Concerns over quality of the process leading to IHMs (sampling, operator) and the potential development of a sub-standard industry
Market operators need to respect IMO guidelines
Potential guidelines to refine requirements

24. Timeline - IHMs
From publication of the EU List: ships going for recycling must carry IHM (Annex I at least, Annex II as far as practicable)(Art.5(2))
From date of general application of the Regulation: new ships must carry IHM (Annex II)(Art.5(1)) (see definition of "new ship" in Art.2(2))
From 31 December 2020:
- IHM for existing ships (Annex I at least, Annex II as far as practicable)
- IHM for ships flying the flag of a 3rd country (Annex I at least, Annex II as far as practicable)(Art.12(1))
- 3rd country ships willing to register under EU flag to carry IHM within 6 months of registration / by 1st survey (Art.12(8))

25. 6) Financial Incentive Mechanism?

26. Main risk (outflagging) remains
Article 29 invites to report on feasibility of financial mechanism
Study ongoing (Ecorys – DNV-GL – Rotterdam Erasmus University)
Stakeholder meetings (April, September)
Final report: December 2015

27. Thank you for your attention!
Ship Recycling mailbox: 27