EU Waste Law

The installation or use of hazardous materials, including certain anti-fouling compounds and systems, on ships covered under Regulation (EC) No 1257/2013, is prohibited (Article 4 and Annex I). An inventory of hazardous materials must be kept on board of new ships as well as, as far as practicable, of existing ships and ships going for recycling. Prior to recycling, this inventory should be completed by a list of any hazardous materials on board (Article 5).

Surveys shall be carried out before the ship is put into service or before the inventory certificate is issued (initial survey), at intervals not exceeding five years (renewal survey), after a change, replacement, or significant repair (additional survey) and, lastly, prior to the ship being taken out of service (final survey) (Article 8). An inventory certificate is issued after successful completion of an initial or renewal survey (Article 9(1)). After successful completion of a final survey, the competent authority issues a “ready for recycling certificate” which is supplemented by the inventory of hazardous materials and the ship recycling plan (Article 9(9)).

The port state control is consequently limited to checking that either an inventory certificate or a “ready for recycling certificate” is kept on board. Conversely, a detailed inspection can be carried out only where a ship does not carry a valid certificate or where “there are clear grounds for believing” that its condition is not in compliance with these documents (Article 11(2)).

A ship flying the flag of a third country must have on board an inventory of hazardous substances whenever it calls at a port or anchorage of a Member State, except in the event of force majeure or of overriding safety considerations, as well as to “reduce or minimise the risk of pollution” or to have deficiencies rectified. The installation of hazardous substances in a port of anchorage of a Member State is prohibited or restricted (Article 12).