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)
First of all, it should be noted that interpreting the requirements of Regulation, consideration should be given to the guidelines developed by the IMO to support the Hong Kong Convention (SRR Preamble, para. 12).
Rules applicable to ships
The installation or use of hazardous materials, including certain anti-fouling compounds and systems, on ships covered under he SRR, 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).
Among the materials that cannot be installed at all are asbestos, PBC, and installations containing ozone-depleting substances. Existing ships shall comply with these requirements as far as practicable. As of 31 December 2020, ships flying the flag of the third country will also be required to have on board an inventory of hazardous materials when calling at a port or anchorage of Member State. (Arts 4, 5, and 12, and Annex I SRR).
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)).
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).
Each Member State must have a designated authority which carries out regular surveys of ships. The initial inspection of a new ship must be carried out before the ship is put in service, or before the inventory certificate is issued. For existing vessels, an initial survey shall be conducted by 31 December 2020. The study shall verify that Part I of the inventory of hazardous materials complies with the requirements of the Regulation. After successful completion of an initial or renewal survey, the administration or a recognised organisation authorised by it shall issue an inventory certificate for a period not exceeding five years. (Arts 8 and 9 SRR).