Offences under EU Ship Recycling Regulation 1257/2013
Main objectives, scope and relationship with the Basel/WSR regime
The SRR, which is based on Article 191(1) TFEU, implements the Convention in EU law but also provides for more stringent protective measure. It applies mainly to ships flying the flag of a Member State, with a few provisions applying to ships flying the flag of a third country calling at a port or anchorage in a Member State (Article 2 and Article 12). Such ships may be “a vessel of any type whatsoever” of 500 gross tonnage (GT) or more, except warships or other ships owned or operated by a State and used only on government non-commercial services [Article 2(2) and Article 3(1)(1)].
Except for Article 12 on requirements for ships flying the flag of a third country, the SRR applies to vessels flying the flag of a Member State. Ships used only on government non-commercial service, ships of less than 500 gross tonnage, and ships operating throughout their life exclusively in waters subject to the sovereignty or jurisdiction of the Member state whose flag the ship is flying are exempted (Art 2. SRR). To ensure legal clarity and avoid the administrative burden, EU-flagged ships covered by the SRR are excluded from the scope of the WSR.
Ship recycling facilities are also the subject-matter of the SRR, whether they are located on the territory of a Member State or not (Article 14 and Article 15).
The objective of the SRR is to reduce the adverse effects related to the recycling of ships. In addition to facilitating the ratification of the Hong Kong Convention, the SRR aims to prevent, reduce, minimise, and, to the extent practicable, eliminate accidents, injuries, and other harmful effects on human health and the environment caused by ship recycling. The purpose is also to enhance safety and the protection of human health and of the Union marine environment throughout a ship’s life-cycle, in particular to ensure that hazardous waste from such ship recycling is subject to environmentally sound management. (Art 1. SRR). The SRR also lays down rules to ensure the proper administration of hazardous materials on ships.