Offences under EU Ship Recycling Regulation 1257/2013
The obligations under the SRR (including, most importantly, the obligation for shipowners to bring their EU flagged end-of life vessels only to recycling facilities included in the European list)
Ship recycling facilities
From 31 December 2018, the EU-flagged commercial vessels must be recycled in safe and environmentally sound ship recycling facilities that are included on the “European List of ship recycling facilities” (the “European List”, see preamble, recital No 7 of the SRR). The SRR further specifies that a facility is authorised by the competent authorities and testifies that the facility is designed, constructed and operated “in a safe and environmentally sound manner”, that it establishes management and monitoring systems, procedures, and techniques minimising, and, to the extent practicable, eliminates health risks to workers and the population and adverse effects on the environment, and more generally a “sound management and storage” of hazardous substances and waste (Article 13). The European List is maintained by the Commission (preamble, recital No 7), whereas it was first established on 19 December 2016 and is periodically updated (last updated on 17 June 2019).
A ship recycling company owning a ship recycling facility located in a third country and intending to recycle ships flying the flag of a Member State must submit an application to the Commission for inclusion of that ship recycling facility in the European List. In order for such an inclusion to be granted, the application must be accompanied with evidence that the ship recycling facility complies with the above requirements, which must be certified by an independent verifier with appropriate qualifications following a site inspection (Article 15).
When preparing to send a ship for recycling, the ship owners are required to provide the operator of the ship recycling facility with all ship-relevant information necessary for the development of a so-called ship recycling plan. They also must notify the relevant Member State authority of the intention to recycle the ship in a specified ship recycling facility or facilities. The owners shall be responsible for the vessel and shall make arrangements to maintain the ship in compliance with the requirements of the administration of the Member State whose flag the ship is flying up until the operator of the ship recycling facility accepts responsibility for the ship.