MOF, Alm.del - 2016-17 - Endeligt svar på spørgsmål 347: Spm. om en redegørelse for forhandlingerne omkring skibsophugningsforordningen og mandatet fra 2013, til miljø- og fødevareministeren

Miljø- og Fødevareudvalget 2016-17
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COUNCIL OF

THE EUROPEAN UNION

Brussels, 14 June 2013

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Interinstitutional File:

2012/0055 (COD)

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ENV

569

MAR

TRANS

327

COMAR

CODEC 1484

NOTE

from:

to:

No. prev. doc.:

No. Cion prop.:

Subject:

General Secretariat

Delegations

10506/13 ENV 502 MAR 70 TRANS 302 COMAR 25 CODEC 1327

8151/12 ENV 239 MAR 29 TRANS 99 COMER 68 CODEC 807 - COM(2012)

118 final

Proposal for a Regulation of the European Parliament and of the Council on

ship recycling

Preparation for the informal trilogue

Delegations will find in Annex to this note the 4-column table sent to the European Parliament with

a view to the third informal trilogue on Monday 17 June on the above-mentioned proposal.

In the Council position (third column), changes to the Commission proposal are set out in

bold

and

[…]

for deletions. In the fourth column, modifications to the Council text on the relevant EP

amendments are highlighted by underlining.

________________

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ANNEX

Proposal for a Regulation of the European Parliament and of the Council on ship recycling

Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

REGULATION OF THE

EUROPEAN

PARLIAMENT AND OF THE

COUNCIL

on ship recycling

Amendment 1

Title

REGULATION OF THE

Proposal for a

EUROPEAN

Regulation of the European

PARLIAMENT AND OF THE

Parliament and of the Council

COUNCIL on

the environmentally

on ship recycling

and amending

sound

recycling

and treatment of

Regulation (EC) No 1013/2006

ships

and amending Directive

2009/16/EC and Regulation (EC)

No 1013/2006

Citation 6 (new)

After consulting the Committee

of the Regions,

Proposal for a

Regulation of the European

Parliament and of the Council

on ship recycling

and amending

Regulation (EC) No 1013/2006

and Directive 2009/16/EC

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Recital 1

(1) Ships which constitute waste

and which are subject to a

transboundary movement for

recycling are regulated by the

Basel Convention on the Control

of the Transboundary Movements

of Hazardous Wastes and their

Disposal ('the Basel Convention')

and Regulation (EC) No

1013/2006 of the European

Parliament and of the Council of

14 June 2006 on the shipment of

waste

. Regulation (EC) No

1013/2006 implements the Basel

Convention as well as an

amendment

to the Convention

adopted in 1995, which has not yet

entered into force at international

level, and which establishes a ban

on exports of hazardous waste to

countries that are not members of

the Organisation for Economic Co-

operation and Development

(OECD).

[…]

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

(1) Ships which constitute waste

and which are subject to a

transboundary movement for

recycling are regulated by the

Basel Convention on the Control

of the Transboundary Movements

of Hazardous Wastes and their

Disposal ('the Basel Convention')

and Regulation (EC) No

1013/2006 of the European

Parliament and of the Council of

14 June 2006 on the shipment of

waste

Regulation (EC) No

1013/2006 implements the Basel

Convention as well as an

amendment

to the Convention

adopted in 1995, which has not yet

entered into force at international

level, and which establishes a ban

on exports of hazardous waste to

countries that are not members of

the Organisation for Economic Co-

operation and Development

(OECD). Since ships contain

hazardous materials, they are

generally classified as hazardous

waste and are therefore prohibited

from being exported for recycling

in facilities in countries not

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Commission proposal

members of the OECD.

________________

EP amendments

Council position

Coreper-2 May 2013

_________________

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

OJ L 190, 12.7.2006, p. 1

Amendment to the Basel Convention

('Ban amendment') adopted by Decision

III/1 of the Parties to the Basel

Convention

OJ L 190, 12.7.2006, p. 1

Amendment to the Basel Convention

('Ban amendment') adopted by Decision

III/1 of the Parties to the Basel

Convention

Amendment 2

Recital 1 a (new)

(1a) The predominant method of

dismantling ships through the so-

called ‘beaching’ method does not

and cannot represent

safe

and

sound recycling and should

therefore no longer be tolerated.

See new recital 5a

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Recital 2

(2) The mechanisms for controlling

and enforcing the current

legislation at international and

European level are not adapted to

the specificities of ships and

international shipping.

Efforts

involving inter-agency

cooperation between

International Labour

Organisation (ILO),

International Maritime

Organisation (IMO) and the

Secretariat of the Basel

Convention have been successful

in reaching agreement on the

introduction of mandatory

requirements at global level

aimed at ensuring an efficient

and effective solution to

unsafe

and unsound ship recycling

practices

in the form of the Hong

Kong International Convention

for the Safe and

Environmentally Sound

Recycling of Ships ('the Hong

Kong Convention').

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

(2) The mechanisms for

controlling and enforcing the

current legislation at international

and European level are not adapted

to the specificities of ships and

international shipping and have

proved to be ineffective in

preventing unsafe and unsound

ship recycling practices.

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

(3) Current ship recycling capacity

in OECD countries which is

legally accessible to ships

flying

the flag of a Member State is

insufficient. Safe and sound

recycling capacity which already

exists in countries which are not

members of the OECD is

sufficient to treat all EU-flagged

ships and is expected to expand

further by 2015 as the results of

actions taken by recycling

countries to meet the

requirements of the Hong Kong

Convention.

Amendment 3

Recital 3

(3) Current ship recycling capacity (3) Current ship recycling capacity

in OECD countries which is

legally accessible to ships

that

legally accessible to ships flying

the flag of a Member State is

constitute hazardous waste for

export is not sufficiently exploited.

insufficient. Safe and sound

recycling capacity which already

There is a controversy about the

exists in countries which are not

accessibility and capacity of ship

members of the OECD is sufficient

recycling facilities in the United

to treat all

[…]

ships

flying the

States. Irrespective of the

flag of a Member State

and is

situation in the United States in

expected to expand further by 2015

that regard, there is significant

as the results of actions taken by

potential capacity in certain

recycling countries to meet the

Member States and OECD

requirements of the Hong Kong

countries, which could nearly

Convention.

suffice for recycling and treating

ships flying the flag of a Member

State (EU ships), if it was fully

mobilised. Together with existing

and potential safe and sound

recycling capacity in countries

which are not members of the

OECD, there should be sufficient

capacity to treat all EU ships.

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Amendment 4

Recital 3 a (new)

(3a) The current situation of ship

recycling is characterised by an

extreme externalisation of the

costs. Ship recycling facilities with

little or inexistent standards for

the protection of workers, human

health and the environment offer

the highest price for waste ships.

As a result, the large majority of

the global ship fleet sent for

recycling is taken apart on the

beaches of certain countries

under humanly degrading and

environmentally destructive

conditions that are unacceptable.

It is appropriate to create a

financial mechanism, applicable

to all ships calling at Union ports

irrespective of the flag they are

flying, to counterbalance this

situation by contributing to render

environmentally sound recycling

and treatment of ships which

constitute hazardous waste

competitive vis-à-vis substandard

operations.

Linked to issue of financial

incentives (AM 120)

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Amendment 5

Recital 3 b (new)

(3b) In view of the "polluter

pays" principle, the costs of

environmentally sound recycling

and treatment of ships should be

covered by ships owners. In the

interest of protecting human

health and the environment, a

financial mechanism should be

established to generate resources

that would contribute to making

environmentally sound recycling

and treatment of both EU ships

and non-EU ships in EU listed

facilities economically

competitive. All ships calling at

Union ports and anchorages

should contribute to the costs of

environmentally sound recycling

and treatment of ships so as to

counterbalance the economic

incentive to go to substandard

operations, and to provide a

disincentive to out-flagging. Ships

that deposit a financial guarantee

as a guarantee that they will go to

EU listed facilities for recycling

and treatment should be exempted

from the recycling levy. The

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Linked to issue of financial

incentives (AM 120)

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Commission proposal

EP amendments

recycling levy as well as the

financial guarantee should be

fair, non-discriminatory and

transparent.

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

(4) The Hong Kong International

Convention for the Safe and

Environmentally Sound Recycling

of Ships (‘the Hong Kong

Convention’) was adopted on

15 May 2009 under the auspices of

the International Maritime

Organization

at the request of the

Parties to the Basel Convention.

The Hong Kong Convention will

only enter into force 24 months

after the date of ratification by at

least 15 States representing a

combined merchant fleet of at

less

40 per cent of the gross tonnage of

the world's merchant shipping and

whose combined maximum annual

ship recycling volume during the

preceding 10 years constitutes not

less than three per cent of the gross

tonnage of the combined merchant

shipping of the same States.

The

Member States should ratify the

Convention at the earliest

opportunity in order to hasten its

entry into force.

The Convention

covers the

design, construction,

operation and preparation of

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Amendment 6

Recital 4

(4) The Hong Kong International

(4) The Hong Kong

[...]

Convention for the Safe and

Convention

[...]

was adopted on 15

Environmentally Sound Recycling May 2009 under the auspices of

of Ships (‘the Hong Kong

the International Maritime

Convention’) was adopted on 15

Organization at the request of the

May 2009 under the auspices of

Parties to the Basel Convention.

the International Maritime

The Hong Kong Convention will

Organization. The Hong Kong

only enter into force 24 months

Convention will only enter into

after the date of ratification by at

force 24 months after the date of

least 15 States representing a

ratification by at least 15 States

combined merchant fleet of at

least

representing a combined merchant 40 per cent of the gross tonnage of

fleet of at

least

40 per cent of the

the world’s merchant shipping and

gross tonnage of the world's

whose combined maximum annual

merchant shipping and whose

ship recycling volume during the

combined maximum annual ship

preceding 10 years constitutes not

recycling volume during the

less than three per cent of the gross

preceding 10 years constitutes not

tonnage of the combined merchant

less than three per cent of the gross shipping of the same States.

[...]

tonnage of the combined merchant The Convention covers the design,

shipping of the same States. The

construction, operation and

Convention covers the

use of

preparation of ships so as to

hazardous materials in ships

so as facilitate safe and environmentally

to facilitate safe and

sound recycling without

environmentally sound recycling

compromising ship safety and

without compromising ship safety operational efficiency; it also

and operational efficiency; it also

covers the operation of ship

covers,

through guidelines,

the

recycling facilities in a safe and

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Commission proposal

ships

so as to facilitate safe and

environmentally sound recycling

without compromising ship safety

and operational efficiency; it also

covers the operation of ship

recycling facilities

in a safe and

environmentally sound manner,

and

the establishment of an

appropriate

enforcement

mechanism for ship recycling.

EP amendments

operation of ship recycling

facilities, and

includes an

enforcement mechanism for ship

recycling.

The Hong Kong

Convention does not apply to

government-owned ships nor to

vessels under 500 Gross Tonnes

(GT), nor to vessels operating

throughout their life only in

waters subject to the sovereignty

or jurisdiction of the State whose

flag the ship is entitled to fly. The

Hong Kong Convention also does

not cover the actual recycling of

the steel recovered at the ship

recycling facility or the operations

of facilities managing waste

materials downstream of the

initial ship recycling facility. The

Hong Kong Convention does not

seek to prevent the export of ships

that constitute hazardous waste to

non-OECD countries - a practice

currently prohibited under

Regulation (EC) No 1013/2006. It

is expected that it will take up to a

decade before the Hong Kong

Convention enters into force.

Council position

Coreper-2 May 2013

environmentally sound manner,

and the establishment of an

appropriate enforcement

mechanism for ship recycling.

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

For the last part of the

amendment, see new recital 6a.

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Recital 4a (new)

(4a) This Regulation aims at

facilitating early ratification of

the Hong Kong Convention both

within the EU and in third

countries by applying

proportionate controls to ships

and ship recycling facilities

based on the Convention.

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Amendment 7

Recital 5

(5) The Hong Kong Convention

provides explicitly for its Parties to provides explicitly for its Parties to provides explicitly for its Parties to

take more stringent measures

be able to

take more stringent

take more stringent measures

consistent with international law,

measures consistent with

consistent with international law,

with respect to the safe and

international law, with respect to

with respect to the safe and

environmentally sound recycling

the safe and environmentally

environmentally sound recycling

of ships, in order to prevent,

sound recycling of ships, in order

of ships, in order to prevent, reduce

reduce or minimise any adverse

to prevent, reduce or minimise any or minimise any adverse effects on

effects on human health and the

adverse effects on human health

human health and the environment.

environment. The establishment of and the environment. The

Taking this into account, this

a European list of ship recycling

establishment of a European list of

Regulation should therefore

facilities fulfilling the requirements ship recycling facilities fulfilling

provide protection from the

set out in this Regulation

would

the requirements set out in this

possible adverse effects of

contribute to that objective as well Regulation

should

contribute to

hazardous materials on board all

as to better enforcement by

that objective as well as to better

ships calling at EU ports and

facilitating the flag states´ control

enforcement by facilitating the flag

anchorages while ensuring the

of ships going for recycling. Those states' control of ships going for

respect of the provisions

requirements for ship recycling

recycling. Those requirements for

applicable to those materials

facilities should be based on the

ship recycling facilities should be

under international law. The

requirements of the Hong Kong

based on the requirements of the

purpose of this Regulation is also

Convention.

Hong Kong Convention,

but

to reduce disparities between

should go beyond them so as to

operators in the Union, in OECD

achieve a level of protection of

countries and in relevant third

human health and the

countries in terms of health and

environment that is broadly

safety at the workplace and

environmental standards.

The

equivalent to that of the Union.

establishment of a European list of

This should also contribute to

increasing the competitiveness of

ship recycling facilities fulfilling

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Compromise text, linked to

AM 59, Article 11a, and AM 62:

(5) The Hong Kong Convention

provides explicitly for its Parties to

take more stringent measures

consistent with international law,

with respect to the safe and

environmentally sound recycling

of ships, in order to prevent,

reduce or minimise any adverse

effects on human health and the

environment.

Taking this into

account, this Regulation should

therefore provide protection

from the possible adverse effects

of hazardous materials on board

all ships calling at EU ports and

anchorages while ensuring the

respect of the provisions

applicable to those materials

under international law. In order

to ensure the control of the

requirements relating to

hazardous materials under this

Regulation, Member States

should apply their national

provisions to implement

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Commission proposal

EP amendments

the environmentally safe and

sound recycling and treatment of

ships in European facilities.

Council position

Coreper-2 May 2013

the requirements set out in this

Regulation would contribute to

that objective as well as to better

enforcement by facilitating the flag

states’ control of ships going for

recycling. Those requirements for

ship recycling facilities should be

based on the requirements of the

Hong Kong Convention.

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Directive 2009/16/EC of the

European Parliament and of the

Council of 23 April 2009 on port

State control. Currently, port

State control inspectors are

tasked with the inspection of

certification and active testing

for hazardous materials,

including asbestos, under the

International Convention for the

Safety of Life at Sea (SOLAS).

The Paris Memorandum of

Understanding provides a

harmonized approach for those

activities.

(5a) The purpose of this

Regulation is also to reduce

disparities between operators in

the Union, in OECD countries

and in relevant third countries in

terms of health and safety at the

workplace and environmental

standards and to direct ships

flying the flag of a Member State

to facilities that practice safe and

environmentally sound methods

to dismantle ships. The

competitiveness of safe and

environmentally sound recycling

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

and treatment of ships in

European facilities should

thereby also be increased.

The

establishment of a European list of

ship recycling facilities fulfilling

the requirements set out in this

Regulation would contribute to

these

objectives as well as to better

enforcement by facilitating the flag

states’ control of ships going for

recycling. Those requirements for

ship recycling facilities should be

based on the requirements of the

Hong Kong Convention.

In this

regard, facilities approved in

accordance with this Regulation

should meet the necessary

requirements to ensure

protection of the environment,

the health and safety of workers

and the environmentally sound

management of the waste

recovered from a recycled ship.

Facilities which do not meet

these minimum requirements

should therefore not be included

in the European List.

(cf. Amendments 14 and 62)

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Recital 5b (new)

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Compromise text in relation to

AM 94:

(5b) The principle of equality in

Union law should be applied and

its application monitored, in

particular when establishing and

updating the European list of

ship recycling facilities in respect

of EU and non-EU facilities

fulfilling the requirements set

out in this Regulation.

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Commission proposal

EP amendments

Recital 6

[...]

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

(6) Flag states which are sending

their ships to upgraded recycling

facilities meeting the requirements

of the Hong Kong Convention

have an economic interest in

ensuring that the Hong Kong

Convention enters into force as

soon as possible, in order to ensure

a worldwide level playing field.

Recital 6a (new)

(6a) Member States are

encouraged to adopt appropriate

measures to ensure that ships

excluded from the scope of this

Regulation act in a manner

consistent with this Regulation,

so far as is reasonable and

practicable.

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Amendment 8

Recital 7

(7) The ships not covered by the

(7) Ships not covered by the

scope

(7)

It is necessary to avoid

scopes

of the Hong Kong

of the Hong Kong Convention,

duplication and to exclude ships

Convention

and

this Regulation

ships that are not able to travel by

flying the flag of a Member State

should continue to be recycled in

their own means, unless they have

falling under the scope of this

accordance with the requirements

a valid contract for full repair,

Regulation, from Regulation

of Regulation (EC) No 1013/2006

and ships that do not comply with

(EC) No 1013/2006 of the

and of Directive 2008/98/EC of the

the applicable provisions under

European Parliament and the

European Parliament and of the

Union and international law with

Council of 14 June 2006 on

Council of 19 November 2008 on

regard to safety when they become

shipments of waste and from

waste and repealing certain

waste in the territory under the

Directive 2008/98/EC of the

Directives respectively,

jurisdiction of a Member State,

European Parliament and of the

should continue to be recycled in

Council of 19 November 2008 on

accordance with the requirements

waste

respectively.

The ships not

of Regulation (EC) No 1013/2006 covered by the

scope

of the Hong

and of Directive 2008/98/EC of the Kong Convention and this

European Parliament and of the

Regulation should continue to be

Council of 19 November 2008 on

recycled in accordance with the

waste and repealing certain

requirements of Regulation (EC)

Directives respectively.

No 1013/2006 and of Directive

2008/98/EC

[…]

respectively.

____________

Compromise text as part of a

package on WSR exclusion (AM

109, Art. 29):

(7)

It is necessary to avoid

duplication and to exclude ships

flying the flag of a Member State

falling under the scope of this

Regulation, from Regulation

(EC) No 1013/2006 of the

European Parliament and the

Council of 14 June 2006 on

shipments of waste and from

Directive 2008/98/EC of the

European Parliament and of the

Council of 19 November 2008 on

waste

respectively. Regulation

(EC) No 1013/2006 applies to

shipments of waste from the EU,

subject to exclusions for certain

categories of waste where an

alternative regime applies. This

Regulation subjects ships within

its scope to controls throughout

their life-cycle and aims at

securing recycling of those ships

in an environmentally sound

manner. It is therefore

OJ L 312, 22.11.2008, p. 3.

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

appropriate to specify that a ship

subject to the alternative control

regime throughout its life-cycle

under this Regulation should not

be subject to Regulation (EC) No

1013/2006.

The ships not covered

by the

scope

of the Hong Kong

Convention and this Regulation

should continue to be

subject to

Regulation (EC) No 1013/2006,

Directive 2008/98/EC

and

Directive 2008/99/EC of the

European Parliament and of the

Council of 19 November 2008 on

the protection of the

environment through criminal

law,

respectively.

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Recital 7a (new)

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Compromise text in relation to

AMs 10, 24, 96 and 110

concerning transit:

(7a) It is also acknowledged that

ships continue to be subject to

other international conventions

to ensure their safe operation at

sea during the operational part

of their life-cycle and, while they

may exercise certain

navigational rights and

freedoms, ships are expected to

provide advance notification of a

proposed voyage and to provide

prior notice of entry into port.

States may choose to apply

further controls in accordance

with other international treaties.

Additional transit controls are

therefore not considered

necessary in this Regulation.

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

(8) It is necessary to clarify the

respective scopes

of this

Regulation, Regulation (EC) No

1013/2006 and Directive

2008/98/EC in order to avoid

the

duplication of regulatory

instruments that have the same

objective.

Amendment 9

Recital 8

(8) It is necessary to clarify the

[...]

scope respectively

of this

Regulation, Regulation (EC) No

1013/2006 and

Directive 2008/98/EC in order to

avoid

applying different legal

requirements in the same

situation.

Amendment 10

Recital 8 a (new)

(8a) The application of this

Regulation should respect the

rights of transit countries under

international law.

Amendment 11

Recital 9 a (new)

(9a) Member States should

arrange for a swift ratification of

the IMO Hong Kong Convention

with the aim of improving ship

recycling practices and

conditions.

See amendment 8, covered by

Council wording of recital 7.

See Council wording for new

recital 7a.

Linked to sanctions package

Covered by new recital 4a.

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Recital 9a (new)

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Compromise text covering

AM 21:

(9a) In the context of this

Regulation, the meaning of the

term 'recycling' is different from

the definition given in Article

3(17) of Directive 2008/98/EC

where 'recycling' means a waste

recovery operation, whereas

‘ship recycling’ in accordance

with this Regulation means the

activity of complete or partial

dismantling of a ship at a ship

recycling facility without

covering the further processing

or disposal in separate facilities;

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

(11) Member States should lay

down rules on penalties applicable

to infringements of this Regulation

and ensure that these penalties are

applied so as to prevent

circumvention of ship recycling

rules. The penalties, which may be

of a civil or administrative nature,

should be effective, proportionate

and dissuasive.

Amendment 12

Recital 11

(11) Member States should lay

down rules on penalties applicable down rules on penalties applicable

to infringements of this Regulation to infringements of this Regulation

and ensure that these penalties are and ensure that these penalties are

applied so as to prevent

circumvention of ship recycling

rules. The penalties, which may be rules. The penalties, which may be

of a

criminal,

civil or

of a civil or administrative nature,

administrative nature, should be

should be effective, proportionate

effective, proportionate and

and dissuasive.

dissuasive.

Compromise text as new

recital 11a:

(11a) The Commission should

examine the appropriateness of

bringing under the scope of

Directive 2008/99/EC on the

protection of the environment

through criminal law offences

relating to infringements of this

Regulation. The Commission

should report on its findings by

[four years after date of entry

into force of this Regulation] to

the European Parliament and

the Council, if appropriate

accompanied by legislative

proposals, subject to appropriate

information being made

available by the Member States.

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Commission proposal

EP amendments

Recital 12

[...]

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Linked to issue of delegated acts

(requested by the EP for Annex I

and IA)

(12) In order to take into account

developments regarding the

relevant international conventions,

the power to adopt acts in

accordance with Article 290 of the

Treaty on the Functioning of the

European Union should be

delegated to the Commission in

respect of the updating of the

Annexes to this Regulation. It is of

particular importance that the

Commission carry out appropriate

consultations during its preparatory

work, including at expert level.

The Commission, when preparing

and drawing up delegated acts,

should ensure a simultaneous,

timely and appropriate

transmission of relevant documents

to the European Parliament and to

the Council.

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

(14) Since the objective to prevent,

reduce or eliminate adverse effects

on human health and the

environment caused by the

recycling,

operation and

maintenance

of ships flying the

flag of a Member State cannot be

sufficiently achieved by the

Member States due to the

international character of shipping

and ship recycling, and can

therefore be better achieved at

Union level, the Union may adopt

measures, in accordance with the

principle of subsidiarity as set out

in Article 5 of the Treaty. In

accordance with the principle of

proportionality, as set out in that

Article, this Regulation does not

go beyond what is necessary in

order to achieve that objective,

Amendment 13

Recital 14

(14) Since the objective to prevent, (14) Since the objective to prevent,

reduce or eliminate adverse effects reduce or eliminate adverse effects

on human health and the

environment caused by the

recycling

and treatment

recycling, operation and

ships cannot

always

be sufficiently maintenance of ships flying the

achieved by the Member States

flag of a Member State cannot be

alone

due to the international

sufficiently achieved by the

character of shipping and ship

Member States due to the

recycling, and can therefore

international character of shipping

some cases

be better achieved at

and ship recycling, and can

Union level

although the

therefore be better achieved at

Union level, the Union may adopt

ratification of Hong Kong

measures, in accordance with the

Convention would transfer the

Union competence for regulating

principle of subsidiarity as set out

in Article 5 of the Treaty. In

ship recycling issues back to EU

Member States,

the Union may

accordance with the principle of

adopt measures, in accordance

proportionality, as set out in that

with the principle of subsidiarity as Article, this Regulation does not go

set out in Article 5 of the Treaty. In beyond what is necessary in order

accordance with the principle of

to achieve that objective,

proportionality, as set out in that

Article, this Regulation does not

go beyond what is necessary in

order to achieve that objective,

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

1. The purpose of this Regulation

is to prevent, reduce

eliminate

adverse effects on human health

and the environment caused by the

recycling,

operation and

maintenance

of ships

flying the

flag of a Member State.

Amendment 14

Article 1 – paragraph 1

1. The purpose of this Regulation

is to prevent, reduce

to a minimum

is to prevent, reduce,

minimise

and, to the extent possible,

and to the extent practicable

eliminate

accidents, injuries and

eliminate

accidents, injuries and

other

adverse effects on human

other

adverse effects on human

health and the environment caused health and the environment caused

by the recycling

and treatment

ship-recycling. It shall

ships,

inter alia by recycling

enhance safety, the protection of

them in EU listed facilities located

human health and the EU

in the Union or outside the Union,

marine environment throughout

and to improve the conditions for

a ship´s operating life, in

the recycling of non-EU ships.

particular to ensure that

The purpose of this Regulation is

hazardous waste from such ship

also to reduce disparities between

recycling is subject to

operators in the Union, in OECD

environmentally sound

management.

countries and in relevant third

countries in terms of health and

safety at the work place and

The purpose of this Regulation is

environmental standards.

also to ensure the proper

This Regulation aims also at

management of hazardous

facilitating ratification of the

materials on ships.

Hong Kong Convention.

This Regulation also aims at

facilitating the ratification of the

Hong Kong Convention

(hereinafter 'the Convention').

Compromise text provisionally

agreed:

1. The purpose of this Regulation

is to prevent, reduce,

minimise

and to the extent practicable

eliminate

accidents, injuries and

other

adverse effects on human

health and the environment caused

ship-recycling. It shall

enhance safety, the protection of

human health and the EU

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.

The purpose of this Regulation is

also to ensure the proper

management of hazardous

materials on ships.

This Regulation also aims at

facilitating the ratification of the

Hong Kong Convention

(hereinafter 'the Convention').

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Council text provisionally agreed

Article 2 – paragraph 1 – point -1 (new)

(-1) 'Convention' means the

Hong Kong International

Convention for the Safe and

Environmentally Sound

Recycling of Ships, 2009;

Amendment 15

Article 2 – paragraph 1 – point 1 a (new)

1a. 'EU Ship' means a ship flying

the flag of a Member State or

operating under its authority;

Covered in Council text by

using, where appropriate, "ships

flying the flag of a Member

State".

Council text provisionally agreed

Amendment 16

Article 2 – paragraph 1 – point 1 b (new)

1b.'non-EU Ship' means a ship

flying the flag of a third country;

Covered in Council text by

using, where appropriate, "ships

flying the flag of a third

country".

Council text provisionally agreed

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Commission proposal

(2)‘new ship’ means either of the

following:

(a) ship for which the building

contract is entered into on the day

of the entry into force of this

Regulation or thereafter;

(b) ship where, in the absence of a

building contract, the keel is laid or

the ship is at a similar stage of

construction on the day of entry

into force of this Regulation or six

months thereafter;

on the day of entry into force of

this Regulation or thirty months

thereafter;

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Council text provisionally agreed

Article 2 – paragraph 1 – point 2

(2) ‘new ship’ means

a ship:

(a)

[…]

for which the building

contract is

placed

on the

date

application

of this Regulation or

thereafter;

(b)

[…]

in the absence of a

building contract, the keel

which

is laid or

which

is at a

similar stage of construction

six

months after

the

date

application

of this Regulation or

[…]

thereafter;

(c)

[…]

whose delivery takes

place

thirty months after

the

date

application

of this Regulation

[…]

thereafter;

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Commission proposal

(3) ‘tanker’ means an oil tanker as

defined in Annex I to the

Convention for the Prevention of

Pollution from Ships (MARPOL)

or an NLS tanker as defined in

Annex II to that Convention;

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Council text provisionally agreed

Article 2 – paragraph 1 – point 3

(3) ‘tanker’ means an oil tanker as

defined in Annex I to the

Convention for the Prevention of

Pollution from Ships (MARPOL)

Noxious Liquid Substances

(NLS)

tanker as defined in Annex

II to that Convention;

Amendment 17

Article 2 – paragraph 1 – point 3 a (new)

3a. 'waste' means waste as

defined in Article 3(1) of Directive

2008/98/EC;

Amendment 18

Article 2 – paragraph 1 – point 3 b (new)

3b. 'hazardous waste' means

hazardous waste as defined in

Article 3(2) of Directive

2008/98/EC;

Amendment 19

Article 2 – paragraph 1 – point 3 c (new)

3c. 'treatment' means treatment as

defined in Article 3(14) of

Directive 2008/98/EC;

Covered in this Article, new

paragraph 1a point 1.

Covered in new paragraph 1a

point 2.

Covered in new paragraph 1a

point 3.

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

(4)‘hazardous material’ means any

material or substance which is

liable to create hazards to human

health or the environment,

including any substance which is

considered to be dangerous under

Council Directive 67/548/EEC

and Regulation 1272/2008 of the

European Parliament and of the

Council

;

____________

Amendment 20

Article 2 – paragraph 1 – point 3 d (new)

3d. 'environmentally sound

management' means

environmentally sound

management as defined in Article

2(8) of Regulation (EC) No

1013/2006;

Article 2 – paragraph 1 – point 4

(4) ‘hazardous material’ means any

material or substance which is

liable to create hazards to human

health

and/or

the environment

[…];

Covered in new paragraph 1a

point 7.

Compromise text in new

recital 9b:

(9b) Council Directive

67/548/EEC, the Dangerous

Substances Directive, and

Regulation 1272/2008 of the

European Parliament and of the

Council, the Classification,

Labelling and Packaging of

Substances and Mixtures

Regulation, together form part

of the EU implementation of the

Globally Harmonised System for

the classification and labelling of

chemicals. They provide useful

guidance in determining what

constitutes a hazardous material.

OJ 196, 16.8.1967, p. 1

OJ L 353, 31.12.2008, p. 1

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

5. ‘ship recycling’ means the

activity of complete or partial

dismantling of a ship at a ship

recycling facility in order to

recover components and materials

for reprocessing and re-use, whilst

taking care of hazardous and other

materials, and includes associated

operations such as storage and

treatment of components and

materials on site, but not their

further

processing or disposal

separate facilities;

6. ‘ship recycling facility’ means a

defined area that is a

site,

yard or

facility located in a Member State

or in a third country and used for

the recycling of ships;

Amendment 21

Article 2 – paragraph 1 – point 5

5. ‘ship recycling’ means the

(5) ‘ship recycling’ means the

activity of complete or partial

dismantling of a ship at a ship

recycling facility in order to

recover components and materials recover components and materials

for reprocessing and re-use, whilst for reprocessing,

preparation for

taking care of hazardous and other

re-use

and re-use, whilst taking

materials, and includes associated

care of hazardous and other

operations such as storage and

materials, and includes associated

treatment of components and

operations such as storage and

materials on site, but not their

treatment of components and

further

treatment

in separate

materials on site, but not their

facilities;

the meaning of the term

further processing or disposal in

separate facilities;

'recycling' in the context of this

Regulation is therefore different

from the definition given in

Article 3(17) of Directive

2008/98/EC;

Amendment 22

Article 2 – paragraph 1 – point 6

6. ‘ship recycling facility’ means a (6) ‘ship recycling facility’ means

defined area that is a

built

yard or

a defined area that is a site, yard or

facility located in a Member State

or in a third country and used for

the recycling of ships;

In relation to last sentence of EP

amendment see compromise text

in new recital 9a

Compromise text:

(6) ‘ship recycling facility’ means

a defined area that is a site, yard or

facility located in a Member State

or in a third country and used for

the recycling of ships;

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Amendment 23

Article 2 – paragraph 1 – point 7

7. 'recycling company’ means, the 7. 'ship recycling company’ means, (7) ‘ship recycling company’

owner of the ship recycling facility the owner of the ship recycling

means, the owner of the ship

or any other organisation or person facility or any other organisation or recycling facility or any other

who has assumed the responsibility person who has assumed the

organisation or person who has

for the operation of ship recycling responsibility for the operation of

assumed the responsibility for the

from the owner of the ship

ship recycling from the owner of

operation of

the

ship recycling

recycling facility;

the ship recycling facility;

activity

from the owner of the ship

recycling facility;

Article 2 – paragraph 1 – point 8

(8)‘administration’ means a

(8) ‘administration’ means a

governmental authority designated

by a State as responsible, within a

by a

Member

State as responsible

specified geographical area or area

[…]

for duties related to ships

of expertise, for duties related to

flying

its flag or to ships operating

ships entitled to fly its flag or to

under its authority;

ships operating under its authority;

Article 2 – paragraph 1 – point 9

(9)‘competent authority’ means a

(9) ‘competent authority(ies)’

governmental authority designated

means a governmental authority

by a State as responsible, within a

authorities

designated by a State

specified geographical area or area

as responsible

for ship recycling

of expertise, for duties related to

facilities,

within a specified

ship recycling facilities operating

geographical area(s) or area(s) of

within the jurisdiction of that State;

expertise,

relating to all

operations

within the jurisdiction

of that State;

Council text provisionally agreed

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Amendment 24

Article 2 – paragraph 1 – point 9 a (new)

9a. "transit" means movement of

a ship to its destination of

recycling in accordance with this

Regulation through the territory

of a country other than the

country of dispatch or destination

and which is entitled to oppose

such a movement under

international law.

Article 2 – paragraph 1 – point 10

(10)‘gross tonnage’ means the

(10) ‘gross tonnage’ means the

gross tonnage (GT) calculated in

accordance with the tonnage

measurement regulations contained

in Annex I to the International

Convention on Tonnage

Measurement of Ships or any

Measurement of Ships,

1969,

successor convention;

any successor convention;

Article 2 – paragraph 1 – point 11

(11)‘competent person’ means a

[…]

person with suitable qualifications,

training, and sufficient knowledge,

experience and skill, for the

performance of the specific work;

EP willing to withdraw AM as

part of a package on sanctions

(see new recital 7a)

Council text provisionally agreed

Provisionally agreed not to

delete the definition.

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Commission proposal

(12)‘employer’ means a natural or

legal person that employs one or

more workers engaged in ship

recycling;

(13) ‘shipowner’ means the natural

or legal person registered as the

owner of the ship, including the

natural or legal person owning the

ship for a limited period pending

its sale or handover to a ship

recycling facility, or, in the

absence of registration, the natural

or legal person owning the ship or

any other organisation or person

who has assumed the responsibility

for operation of the ship from the

owner of the ship as well as a legal

person operating a state-owned

ship;

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Council text provisionally agreed

Article 2 – paragraph 1 – point 12

[…]

Article 2 – paragraph 1 – point 13

(13) ‘ship owner’ means the

natural or legal person registered

as the owner of the ship, including

the natural or legal person owning

the ship for a limited period

pending its sale or handover to a

ship recycling facility, or, in the

absence of registration, the natural

or legal person owning the ship or

any other organisation or person,

such as the manager or the

bareboat charterer,

who has

assumed the responsibility for

operation of the ship from the

owner of the ship as well as a legal

person operating a state-owned

ship;

Council text provisionally agreed

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Commission proposal

(14) ‘new installation’ means the

installation of systems, equipment,

insulation or other material on a

ship after the day of entry into

force of this Regulation;

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Council text provisionally agreed

Article 2 – paragraph 1 – point 14

(14) ‘new installation’ means the

installation of systems, equipment,

insulation or other material on a

ship after the

date

application

of this Regulation;

Article 2 – paragraph 1 – point 14a (new)

(14a) ‘Ship recycling plan’

means a plan developed by the

operator of the ship recycling

facility(ies) for each specific ship

taking into account the relevant

International Maritime

Organization (IMO) guidelines

and resolutions;

Council text provisionally agreed

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Article 2 – paragraph 1 – point 14b (new)

(14b) ‘Ship recycling facility

Council text provisionally agreed

plan’ means a plan prepared by

the operator of the ship recycling

facility and adopted by the board

or the appropriate governing

body of the ship recycling

company that describes the

operational processes and

procedures involved in ship

recycling at the ship recycling

facility and that covers in

particular worker safety and

training, protection of human

health and the environment,

roles and responsibilities of

personnel, emergency

preparedness and response and

systems for monitoring,

reporting and record-keeping,

taking into account the relevant

IMO guidelines and resolutions;

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Commission proposal

(15) ‘safe-for-entry’ means a space

on a ship that meets the following

criteria:

(16) ‘safe-for-hot work’ means a

space on a ship that meets the

following criteria:

(d) all adjacent spaces have been

cleaned or treated sufficiently to

prevent the start or spread of fire;

(17) ‘site inspection’ means an

inspection of the ship recycling

facility confirming the condition

described by the verified

documentation;

(18) ‘statement of completion’

means a confirmatory statement

issued by the ship recycling facility

that the ship recycling has been

completed in accordance with this

Regulation;

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Council text provisionally agreed

Article 2 – paragraph 1 – point 15 - introductory sentence

(15) ‘safe-for-entry’ means a

space

[…]

that meets the following

criteria:

Article 2 – paragraph 1 – point 16 - introductory sentence

(16) ‘safe-for-hot work’ means a

space

[…]

that meets the following

criteria:

Article 2 – paragraph 1 – point 16 - lit d

(d) all adjacent spaces have been

cleaned

or inerted

or treated

sufficiently to prevent the start or

spread of fire;

Article 2 – paragraph 1 – point 17

[…]

Council text provisionally agreed

Definition of 'site inspection'

moved to new paragraph 1a

point 5.

Article 2 – paragraph 1 – point 18

(18) ‘statement of completion’

means a confirmatory statement

issued by the

operator of the

ship

recycling facility that the ship

recycling has been completed in

accordance with this Regulation;

Council text provisionally agreed

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Council text provisionally agreed

Article 2 – paragraph 1 – point 18a (new)

(18a) 'inventory certificate'

means a ship specific certificate

supplemented by an inventory of

hazardous materials that is

issued to ships flying the flag of a

Member State in accordance

with Articles 5 and 10;

Article 2 – paragraph 1 – point 18b (new)

(18b) ’ready for recycling

certificate’ means a ship specific

certificate supplemented by an

inventory of hazardous materials

and the approved ship recycling

plan that complies with Article

5(8), Article 7 and Article 10(2);

Compromise text provisionally

agreed:

(18b) ’ready for recycling

certificate’ means a ship specific

certificate that is issued to ships

flying the flag of a Member State

and complies with Article 10(2)

and that is supplemented by an

inventory of hazardous materials

in accordance with Article 5(8)

and the approved ship recycling

plan in accordance with

Article 7;

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Council text provisionally agreed

See compromise proposal for

AM 108

(19) ‘worker’ means any person

who performs work, either

regularly or temporarily, in the

context of an employment

relationship, including the

personnel working for

subcontractors;

Article 2 – paragraph 1 – point 18c (new)

(18c) 'statement of compliance'

means a ship specific certificate

supplemented by an inventory of

hazardous materials that is

issued to ships flying the flag of a

third country in accordance with

Article 11b;

Article 2 – paragraph 1 – point 19

[…]

Definition of 'worker' moved to

new paragraph 1a point 6.

Article 2 – paragraph 1 – point 20a (new)

(20a) ‘light displacement tonnes

(LDT)’ means the weight of a

ship in tonnes without cargo,

fuel, lubricating oil in storage

tanks, ballast water, fresh water,

feedwater, consumable stores,

passengers and crew and their

effects. The LDT is the sum of

the weight of the hull, structure,

machinery, equipment and

fittings of the ship;

Council text provisionally agreed

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Amendment 25

Article 2 – paragraph 1 – point 20 a (new)

(20a) 'abandoned ship' means a

ship which has been left

unattended and derelict in an

Union port by its last recorded

owner;

EP provisionally agrees to

withdraw AM

Term not used in Regulation

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Add the following definition:

(2a) 'operationally generated

waste' means waste water and

residues generated by the

normal operation of ships

subject to the requirements of

the MARPOL Convention;

Article 2 – paragraph 1a (new)

1a. For the purposes of Article

7(2)(d) and Articles 12 to 16 the

following definitions apply:

(1) 'waste' means waste as

defined in Article 3(1) of

Directive 2008/98/EC of the

European Parliament and of the

Council of 19 November 2008 on

waste;

(2) 'hazardous waste' means

hazardous waste as defined in

Article 3(2) of

Directive 2008/98/EC;

(3) ‘treatment’ means treatment

as defined in Article 3(14) of

Directive 2008/98/EC;

(4) ‘waste management’ means

waste management as defined in

Article 3(9) of

Directive 2008/98/EC;

Furthermore, add a new

recital 9c:

(9c) Keeping an inventory of

hazardous materials on board a

ship throughout its lifecycle is a

key control within the Hong

Kong Convention and within this

Regulation. In accordance with

the IMO Guidelines of 17 July

2009 for the Development of the

Inventory of Hazardous

Materials (Resolution

MEPC.179(59)), a ship destined

to be recycled should minimise

the amounts of operationally

generated waste in the period

prior to entering the ship

recycling facility. If the

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

(5) ‘site inspection’ means an

inspection of the ship recycling

facility confirming the condition

described by the verified

documentation;

(6) ‘worker’ means any person

who performs work, either

regularly or temporarily, in the

context of an employment

relationship, including the

personnel working for

contractors

and

subcontractors;

(7) 'environmentally sound

management' means taking all

practicable steps to ensure that

waste and hazardous materials

are managed in a manner which

will protect human health and

the environment against the

adverse effects which may result

from such materials and wastes.

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

operationally generated wastes

are intended for delivery with

the ship to a ship recycling

facility, the approximate

quantities and locations of these

wastes should be listed in Part II

of the inventory.

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Provisionally agreed not to

delete this paragraph

2. For the purposes of point 11 of

paragraph 1, a competent person

may be a trained worker or a

managerial employee capable of

recognising and evaluating

occupational hazards, risks, and

employee exposure to potentially

hazardous materials or unsafe

conditions in a ship recycling

facility, and who is capable of

specifying the necessary protection

and precautions to be taken to

eliminate or reduce those hazards,

risks or exposures.

Without prejudice to Directive

2005/36/EC of the European

Parliament and of the Council

, the

competent authority may define

appropriate criteria for the

designation of such persons and

may determine the duties to be

assigned to them.

_____________

Article 2 – paragraph 2

[…]

OJ L 255, 30.9.2005, p. 22.

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

1. This Regulation shall apply to

ships

entitled to fly the flag of a

Member State or operating under

its authority.

(a) any warships, naval auxiliary,

or other ships owned or operated

by a Member State and used, for

the time being, only on

government non-commercial

service;

Amendment 26

Article 3 – paragraph 1

1. This Regulation shall apply to

1. This Regulation,

with the

ships.

exception of Article 11b,

shall

Article 5a, Article, 5b, Article 11b

apply to ships

flying

the flag of a

Member State

[…].

and Article 23(1) and Article

29(1) of this Regulation shall also

apply to non-EU ships calling at a

Article 11b of this Regulation

port or anchorage of a Member

shall apply to ships flying the

State to engage in a ship/port

flag of a third country calling at

interface.

a port or anchorage of a Member

State.

Article 3 – paragraph 2 – point a

(a) any warships, naval auxiliary,

or other ships owned or operated

by a

[…]

State and used, for the

time being, only on government

non-commercial service;

EP amendment covered by

Council text.

Linked to issue of WSR, AM

109, and recital 7 and 7a

Linked to issue of WSR, AM

109, and recital 7 and 7a

life only in waters subject to the

sovereignty or jurisdiction of the

State whose flag the ship is entitled

to fly.

Article 3 – paragraph 2 – point c

Linked to issue of WSR, AM

life only in waters subject to the

109, and recital 7 and 7a

sovereignty or jurisdiction of the

Member

State whose flag the ship

flying.

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Amendment 27

Article 3 – paragraph 2 – points c a (new) and c b (new)

(ca) ships that are not able to

travel by their own means,

irrespective of the flag they fly

and thus constitute waste for the

purposes of Regulation (EC) No

1013/2006, unless they have a

valid contract for full repair;

(cb) ships that do not comply with

the applicable provisions under

Union and international law with

regard to safety.

Amendment 28

Article 4 – title

Control of hazardous materials

Control of

prohibited or restricted

Control of hazardous materials

hazardous materials

Article 4 – paragraph 1

1. The new installation of materials

[…]

which contain asbestos or

polychlorinated biphenyls shall be

prohibited in accordance with

Council Directive 96/59/EC

all ships.

See compromise text in recital 7

(new)

Council text provisionally agreed

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Council text provisionally agreed

2. New installations of materials

which contain controlled

substances as defined in

Regulation (EC) No 1005/2009 of

the European Parliament and of the

Council

shall be prohibited on all

ships.

____________

Article 4 – paragraph 2

[…]

OJ L 243, 24.9.1996, p. 31.

OJ L 286, 31.10.2009, p. 1

3. The new installation of materials

containing perfluorooctane

sulfonic acid (PFOS) and its

derivatives (PFOS) shall be

prohibited in accordance with

Regulation (EC) No 757/2010 of

the European Parliament and of the

Council

____________

Article 4 – paragraph 3

[…]

Council text provisionally agreed

OJ L 223, 25. 2010, p. 29.8.

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Amendment 29

Article 4 – paragraph 3 a (new)

3a. The new application of anti-

fouling systems containing

organotin compounds as a biocide

or any other anti-fouling system

whose application or use is

prohibited by the International

Convention on the Control of

Harmful Anti-fouling Systems on

Ships shall be prohibited on ships.

Article 4 – paragraph 4

4.Member States shall take all of

[…] The

installation or use of

the following measures:

hazardous materials referred to in

(a) prohibit or restrict the

Annex I

on ships

shall be

installation or use of hazardous

prohibited or restricted as

materials referred to in paragraphs

specified in Annex I, without

1 to 3 on ships entitled to fly its

prejudice to the requirements of

flag or operating under its

other relevant Union legislation

authority;

which may require further

(b) prohibit or restrict the

measures.

installation or use of such materials

[…]

on ships whilst in its ports,

shipyards, ship repair yards or

offshore terminals;

comply with the requirements set

out in points (a) and (b).

Covered by Annex I as modified

in Council text, see last row of the

table at the end of this document.

Council position provisionally

agreed

Council text provisionally agreed

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Inventory of hazardous materials

inventory of hazardous

materials shall be kept on board

each new ship.

Amendment 30

Article 5

Inventory of hazardous materials

Member States shall ensure

that an

inventory of hazardous

materials shall be

established and

kept

available

on board each new

ship.

Each new ship shall have on

board

an inventory of hazardous

materials,

which shall identify at

least the hazardous materials

referred to in Annex IA and

contained in the structure or

equipment of the ship, their

location and approximate

quantities.

Existing ships shall comply as

far as practicable with

paragraph 1 not later than five

years from the date of

application of this Regulation or

before

going

for recycling

if this is

earlier. The hazardous materials

listed in Annex I, at least, shall

be identified when the inventory

of hazardous materials is

developed.

Package on date of application

and inventory, including the

transitional period of Art. 28(2)

Compromise text for

paragraph 2 (see also Art. 11b(1)

and (8):

inventory of hazardous

materials shall be established

before a ship goes for recycling

and kept on board.

Member States shall ensure

that for existing EU ships, an

inventory of hazardous materials

shall be established

in accordance

with the timelines indicated in

paragraph 2a, or

before a ship

goes for recycling,

whatever the

earlier,

and kept

available

board.

Existing ships shall comply as

far as practicable with

paragraph 1 not later than five

years from [the date of entry into

force of this Regulation + two

years] or in case of ships going

for recycling,

from the date of

application of this Regulation.

The hazardous materials listed

in Annex I, at least, shall be

identified when the inventory of

hazardous materials is

developed.

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Commission proposal

EP amendments

2a. The following timelines shall

apply for the establishment of an

inventory:

– for ships more than 25 years old

on ...*;

– for ships more than 20 years old

on…**;

– for ships more than 15 years old

on …***;

–for ships less than 15 years old

on …****.

____________________

* OJ: please insert date: one year

after entry into force of this

Regulation

** OJ: please insert date: two

years after entry into force of this

Regulation

*** OJ: please insert date: three

years after entry into force of this

Regulation

**** OJ: please insert date: four

years after entry into force of this

Regulation

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

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Commission proposal

3. Existing ships registered under

the flag of a third country and

applying to be registered under

the flag of a Member State shall

ensure that an inventory of

hazardous materials is kept on

board.

4. The inventory of hazardous

materials shall:

(a) be specific to each ship;

(b) provide evidence that the ship

complies with the prohibition or

restrictions on installing or using

hazardous materials in accordance

with Article 4;

materials referred to in Annex I

and contained in the structure or

equipment of the ship, their

location and

approximate

quantities.

deleted

EP amendments

[…]

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Issue of existing third country

ships applying to be EU registered

moved to new Article 11b(8).

4. The inventory of hazardous

materials shall:

(a) be specific to each ship;

(b) provide evidence that the ship

complies with the prohibition or

restrictions on installing or using

hazardous materials in accordance

with Article 4;

(c)

for new ships,

identify, at least,

the hazardous materials referred to

in Annex I and contained in the

structure or equipment of the ship,

their location and

precise

quantities;

4. The inventory of hazardous

materials shall:

(a) be specific to each ship;

(b) provide evidence that the ship

complies with the prohibition or

restrictions on installing or using

hazardous materials in accordance

with Article 4;

(c)

be compiled taking into

account the relevant IMO

guidelines;

Relevant provisions on the

content of the inventory for new

and existing ships set out in the

Council text in paragraph 1 and 2

of this Article.

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Commission proposal

EP amendments

(ca) for existing ships, identify, at

least, the hazardous materials

referred to in Annex I and

contained in the structure or

equipment of the ship, their

location and quantities as

precisely as practicable;

Council position

Coreper-2 May 2013

(d) be verified either by the

administration or a recognised

organisation authorised by it.

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

5. In addition to paragraph 4, for

existing ships a plan shall be

prepared describing the

visual/sampling check by which

the inventory of hazardous

materials

developed.

5. In addition to paragraph 4, for

existing ships a plan shall be

prepared describing the

visual/sampling check by which

the inventory of hazardous

materials

has been

developed.

6. The inventory of hazardous

materials shall consist of three

parts:

(a) a list of hazardous materials

referred to in Annex I and

contained in the structure or

equipment of the ship, their

location and

approximate

quantities (Part I);

6. The inventory of hazardous

materials shall consist of three

parts:

(a) a list of hazardous materials

referred to in Annex I and

contained in the structure or

equipment of the ship, their

location and quantities (Part I)

accordance with point (c) of

paragraph 4;

5. In addition to paragraph 4, for

existing ships a plan shall be

prepared describing the

visual/sampling check by which

the inventory of hazardous

materials is developed

taking into

account the relevant IMO

guidelines.

6. The inventory of hazardous

materials shall consist of three

parts:

(a) a list of hazardous materials

referred to in Annexes I

and IA, as

appropriate,

and contained in the

structure or equipment of the ship,

their location and approximate

quantities (Part I);

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Commission proposal

(b) a list of the waste present on

board the ship, including waste

generated during the operation of

the ship (Part II);

EP amendments

(b) a list of the waste

(both

hazardous and non-hazardous)

present on board the ship,

including waste generated during

the operation of the ship,

and its

approximate quantities

(Part II);

board the ship once the decision to

recycle it has been taken (Part III).

7. Part I of the inventory of

hazardous materials shall be

properly maintained and updated

throughout the operational life of

the ship, reflecting new

installations containing any

hazardous materials referred to in

Annex I and relevant changes in

the structure and equipment of the

ship.

8. Prior to recycling, the inventory

shall, in addition to the properly

maintained and updated Part I,

incorporate Part II for

operationally generated wastes and

Part III for stores, and be verified

by the Member State whose flag

the ship is flying.

Council position

Coreper-2 May 2013

(b) a list of the

operationally

generated

waste present on board

the ship

[…]

(Part II);

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

board the ship once the decision to

recycle it has been taken (Part III).

7. Part I of the inventory of

hazardous materials shall be

properly maintained and updated

throughout the operational life of

the ship, reflecting new

installations containing any

hazardous materials referred to in

Annex I and relevant changes in

the structure and equipment of the

ship.

8. Prior to recycling, the inventory

shall, in addition to the properly

maintained and updated Part I,

incorporate Part II for

operationally generated wastes and

Part III for stores, and be verified

by the Member State whose flag

the ship is flying.

board the ship

[…]

(Part III).

7. Part I of the inventory of

hazardous materials shall be

properly maintained and updated

throughout the operational life of

the ship, reflecting new

installations containing any

hazardous materials referred to in

Annex IA and relevant changes in

the structure and equipment of the

ship.

8. Prior to recycling

and taking

into account the relevant IMO

guidelines,

the inventory

hazardous materials

shall, in

addition to the properly maintained

and updated Part I, incorporate Part

II for operationally generated

wastes and Part III for stores, and

be verified by the

administration

or a recognised organisation

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

authorised by it.

[…]

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

9. The Commission shall be

empowered to adopt delegated acts

in accordance with Article 26

concerning the updating of the list

of items for the inventory of

hazardous materials in Annex I.

9. The Commission shall be

empowered to adopt delegated acts

in accordance with Article 26

concerning the updating of the list

of items for the inventory of

hazardous materials in Annex I

ensure that the list includes at

least the substances listed in

Appendices I and II of the Hong

Kong Convention, and to take

account of relevant Union

legislation which provides for the

phasing out or restriction of the

use or installation of hazardous

materials.

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Amendment 120

Article 5 a (new)

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Article 5a

Incentive-based system

Compromise text:

Article 29a

Financial incentive

In view of the current situation of

ship recycling, characterised by

an extreme externalisation of

costs and unacceptable conditions

involved in the dismantling of

ships, the Commission shall,

before the end of 2015, submit a

legislative proposal for an

incentive-based system that would

facilitate safe and sound ship

recycling.

Amendment 33

Article 6 – title

General

requirements

for ship

Preparation for recycling: general General

requirements

for ship

requirements

owners

The Commission shall, by [two

years after the entry into force],

submit to the European

Parliament and to the Council a

report on the feasibility of a

financial instrument that would

facilitate safe and sound ship

recycling and shall, if

appropriate, accompany it by a

legislative proposal.

Provisionally agreed (EP and

Council text identical)

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Compromise text provisionally

agreed:

Article 6 – paragraph -1 (new)

-1. When preparing to send a

ship for recycling, ship owners

shall:

"(b) notify in writing, within a

(a) provide the operator of the

timeframe to be determined by

ship recycling facility with all the the administration, the relevant

ship-relevant information

administration of the intention to

necessary for the development of recycle the ship in a specified

the ship recycling plan required

ship recycling facility or

by Article 7;

facilities. The notification shall

include at least: (rest

(b) notify, in due time and in

unchanged). "

writing, the relevant

administration of the intention to

recycle the ship in a specified

ship recycling facility or

facilities. The notification shall

include at least:

(i) the inventory of hazardous

materials; and

(ii) all the ship-relevant

information provided under

point (a) of this paragraph.

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

1. Shipowners shall ensure that

ships:

(a) prior to publication of the

European List, are only recycled in

ship recycling facilities that are

located

in the Union or in a

country member

of the OECD. ;

(b) after publication of the

European List, are only recycled at

ship recycling facilities that are

included in the European list;

(d) update and complete the

inventory of hazardous materials in

accordance with Article 5;

Article 6 – paragraph 1 – introductory sentence

1. Ship owners shall ensure that

ships

destined to be recycled:

Amendment 34

Article 6 – paragraph 1 – point a

(a) prior to publication of the

[...]

Linked to transitional period

European List, are only recycled in

ship recycling facilities that are

duly authorised by the competent

authorities

in the Union or in a

member country

of the OECD. ;

Article 6 – paragraph 1 – point b

(b)

[…]

are only recycled at ship

Linked to transitional period

recycling facilities that are

included in the European list

ship recycling facilities

(hereinafter 'the European List')

as established in accordance with

Article 16;

Article 6 – paragraph 1 – point d

[...]

Duplication with Article 5.

Council text provisionally agreed

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Council text provisionally agreed

(e) hold a ready for recycling

certificate issued by the Member

State whose flag they are flying

prior to any recycling activity.

2. Shipowners shall also ensure

that tankers arrive at the ship

recycling facility with cargo tanks

and pump rooms in a condition

that is ready for certification as

safe-for-entry and safe-for-hot

work.

Article 6 – paragraph 1 – point e

(e) hold a ready for recycling

certificate issued by the

administration or a recognised

organisation authorised by it

prior to any recycling activity

after

the receipt of the ship recycling

plan approved in accordance

with Article 7(3).

Article 6 – paragraph 2

2. Ship owners shall

[…]

ensure

that tankers arrive at the ship

recycling facility with cargo tanks

and pump rooms in a condition that

is ready for certification as

[…]

safe-for-hot work.

Article 6 – paragraph 3 (new)

3. Ship owners shall provide the

operator of the ship recycling

facility with a copy of the ready

for recycling certificate issued in

accordance with Article 10.

"safe-for-entry" deleted as it is

covered by "safe-for-hot work"

according to definition 16.

Council text provisionally agreed

Covers AM 49

Council text provisionally agreed

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Based on Art. 9(3)(c) of the

Commission proposal, linked to

AM 51 and 52

Council text provisionally agreed

Article 6 – paragraph 4 (new)

4. Ship owners shall be

responsible for the ship and shall

make arrangements to maintain

the ship in compliance with the

flag State requirements of the

administration up until such

time as the operator of the ship

recycling facility accepts

responsibility for that ship. The

operator of the ship recycling

facility may decline to accept the

ship for recycling if the condition

of the ship does not correspond

substantially with the particulars

of the inventory certificate,

including where Part I of the

inventory of hazardous materials

is not properly maintained and

updated, reflecting changes in

ship structure and equipment. In

such circumstances, the ship

owner shall retain responsibility

for that ship and shall inform the

administration thereof without

delay.

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Amendment 35

Article 7 – paragraph 1

1. A ship-specific ship recycling 1. A ship-specific ship recycling

1. A ship-specific ship recycling

plan shall be developed prior to plan shall be developed

for any

plan shall be developed prior to

any recycling of a ship.

EU ship more than 20 years old

or any recycling of a ship.

The ship

prior to any recycling of a ship,

recycling plan needs to address

whatever the earlier, no later than

any ship-specific considerations

...*

that are not covered in the ship

________________

recycling facility plan or that will

* OJ: please insert date: 30

require special procedures.

months after entry into force of

this Regulation

Amendment 36

Article 7 – paragraph 2 – point a

(a) be developed by

the

ship

(a)

prior to publication of the

(a) be developed by the

operator

recycling facility taking into

European List,

be developed by

of the

ship recycling facility(ies)

account information provided by

ship recycling facility

that is

in accordance with the relevant

the shipowner in accordance with

located in the Union or in a

provisions of the Convention and

point (b) of Article 9(3);

member country of the OECD,

taking into account the relevant

taking into account information

IMO guidelines and

information

provided by the ship owner in

accordance with point (b) of

accordance with point (a) of

Article 9(3);

Article

6(-1) so that it properly

reflects the information

contained in the inventory of

hazardous materials;

Linked to package on scope and

WSR exclusion, AM 109, and

recital 7

Linked to Art. 6(1) and the

transitional period

(package on date of application

and inventory)

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Amendment 37

Article 7 – paragraph 2 – point a a (new)

(aa) after publication of the

European List, be developed by a

ship recycling facility that is

included in the European List,

taking into account the

information provided by the ship

owner in accordance with point

(b) of Article 9(3);

Article 7 – paragraph 2 – point aa (new)

(aa) clarify whether and to what

extent any preparatory work –

such as pre-treatment,

identification of potential

hazards and removal of stores –

will take place at a location other

than the ship recycling facility

identified in the ship recycling

plan. The ship recycling plan

should include the location

where the ship will be placed

during recycling operations and

a concise plan for the arrival and

safe placement of the specific

ship to be recycled;

Linked to Art. 6(1) and the

transitional period

(package on date of application

and inventory)

Council text provisionally agreed

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Moved to Article 17 new

paragraph (1).

Council text provisionally agreed

(b) be drawn up in an official

language of the country

authorizing the ship recycling

facility and where the language

used is not English, French or

Spanish, the Ship Recycling Plan

shall be translated into one of those

languages ;

the establishment, maintenance

and monitoring of the safe-for-

entry and safe-for-hot work criteria

and other necessary information;

Article 7 – paragraph 2 – point b

[...]

Article 7 – paragraph 2 – point c

Council text provisionally agreed

the establishment, maintenance and

monitoring of the safe-for-entry

and safe-for-hot work

conditions

for the specific ship, taking into

account features such as its

structure, configuration and

previous cargo,

and other

necessary information

on how to

be implemented;

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Amendment 38

Article 7 – paragraph 2 – point d

(d) include information on the type (d) include information on the type (d) include information on the type

and amount of hazardous materials and amount of hazardous materials and amount of hazardous materials

and waste generated by the

and of waste generated by the

and

waste generated by the

recycling of the specific ship,

ship-recycling

of the specific ship,

including those materials identified including those materials

and the

including those materials

and the

in the inventory of hazardous

waste

identified in the inventory of

waste

identified in the inventory of

hazardous materials, and on how

materials, and on how these

hazardous materials, and on how

hazardous materials and waste will these hazardous materials and

that

these hazardous materials and

this

managed

in the facility as well

waste will be

treated

in the facility waste will be managed in the

ship

recycling

facility as well as in

as in subsequent waste

as well as in subsequent waste

subsequent

[…]

facilities;

management

facilities;

treatment

facilities;

Compromise text provisionally

agreed:

(d) include information on the type

and amount of hazardous materials

and

waste generated by the

ship-recycling

of the specific ship,

including those materials

and the

waste

identified in the inventory of

hazardous materials, and on how

these hazardous materials and

this

waste will be managed

and stored

in the

ship recycling

facility as

well as in subsequent

[…]

facilities;

Council text provisionally agreed

(e) where more than one ship

recycling facility is used, identify

the ship recycling facilities to be

used and specify the recycling

activities and the order in which

they occur at each authorised ship

recycling facility.

Article 7 – paragraph 2 – point e

(e) where more than one ship

recycling facility is

to be

used,

prepared separately, in

principle, by each of the facilities

involved, and

identify the

order

of use and the authorised

activities that will occur at those

ship recycling facilities

[…].

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Amendment 39

Article 7 – paragraph 2 – point e a (new)

(ea) be updated within six months

of a renewal survey or an

additional survey.

Amendment 40

Article 7 – paragraph 2 a (new)

2a. Ship owners selling an EU

ship more than 20 years old to a

new owner that intends to fly the

flag of a third country shall

ensure that the contract with the

new ship owner stipulates that the

new owner, and any subsequent

owners, take over the

responsibility for developing a

ship recycling plan in the event

that they wish to call at Union

ports or anchorages.

Linked to package on scope and

WSR exclusion, AM 109, and

recital 7

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Council text provisionally agreed

Article 7 – paragraph 3 (new)

3. The ship recycling plan has to

be tacitly or explicitly approved

by the competent authority in

accordance with national

requirements, where applicable.

Explicit approval shall occur

when the competent authority

sends a written notification of its

decision on the ship recycling

plan to the operator of the ship

recycling facility, the ship owner

and the administration.

Tacit approval can be assumed if

no written objection to the ship

recycling plan is notified by the

competent authority to the

operator of the ship recycling

facility, the ship owner and the

administration within a review

period set in accordance with

national requirements, where

applicable, and notified in

accordance with Article 15(2)(b).

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Council text provisionally agreed

Article 7 – paragraph 4 (new)

4. Member States may require

the administration to send the

information provided by the ship

owner pursuant to

Article 6(-1)(b) and the following

details to the competent

authority of the State where the

ship recycling facility is located:

(i) the date on which the ship was

registered with the flag State;

(ii) the ship’s identification

number (IMO number);

(iii) the hull number on new-

building delivery;

(iv) the name and type of the

ship;

(v) the port at which the ship is

registered;

(vi) the name and address of the

ship owner as well as the IMO

registered owner identification

number;

(vii) the name and address of the

company;

(viii) the name of all

classification society(ies) with

which the ship is classed;

(ix) the ship’s main particulars

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

1. Surveys shall be carried

out

by officers of the

administration

or of a recognised organisation

acting on behalf of the

administration.

(Length overall (LOA), Breadth

(Moulded), Depth (Moulded),

LDT, Gross and Net tonnage,

and engine type and rating).

Amendment 42

Article 8 – paragraph 1

1. Surveys shall be carried out by

1. Surveys

of ships

shall be carried

officers of the

national competent

[…]

out by officers of the

authorities

or of a recognised

administration or of a recognised

organisation acting on behalf of the organisation

authorised by it,

administration.

taking into account the relevant

IMO guidelines.

Article 8 – paragraph 1a (new)

1a. An administration using

recognised organizations to

conduct surveys, as described in

paragraph 1 shall, as a

minimum, empower such

recognised organisations to:

- require a ship that they survey

to comply with the provisions of

this Regulation; and

- carry out surveys if requested

by the appropriate authorities of

a Member State.

Council text provisionally agreed

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

3. The initial survey shall be

conducted before the ship is put in

service,

or before the inventory

certificate is issued.

The officers

carrying out that survey shall

verify that Part I of the inventory

of hazardous materials complies

with the requirements of this

Regulation.

4. The renewal survey shall be

conducted at intervals specified by

the administration, which however

shall not exceed five years. The

officers carrying out that survey

shall verify that Part I of the

inventory of hazardous materials

complies with the requirements of

this Regulation.

Amendment 43

Article 8 – paragraph 3

3. The initial survey

of a new

3. The initial survey

of a new ship

vessel

shall be conducted before

shall be conducted before the ship

the ship is put in service.

For

is put in service, or before the

inventory certificate is issued.

For

existing vessels, an initial survey

shall be conducted within

existing vessels, an initial survey

five years of entry into force of

shall be conducted within

this Regulation.

The officers

five years of entry into force of

carrying out that survey shall

this Regulation.

The

[…]

survey

verify that Part I of the inventory

shall verify that Part I of the

of hazardous materials complies

inventory of hazardous materials

with the requirements of this

complies with the requirements of

Regulation.

this Regulation.

Article 8 – paragraph 4

4. The renewal survey shall be

conducted at intervals specified by

the administration, which however

shall not exceed five years. The

[…]

survey shall verify that Part I

of the inventory of hazardous

materials complies with the

requirements of this Regulation.

Council text provisionally agreed

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Amendment 44

Article 8 – paragraph 5

5. The additional survey, either

5. The

ship owner shall request an

5. The additional survey, either

general or partial,

may be

additional survey, either general or general or partial

according to the

partial, after a

significant

change,

conducted at the request of the

circumstances, shall

be conducted

shipowner

after a change,

replacement, or repair of the

at the request of the ship owner

replacement, or

significant

repair

structure, equipment, systems,

after a change, replacement or

of the structure, equipment,

fittings, arrangements and material. significant repair of the structure,

systems, fittings, arrangements and The officers carrying out that

equipment, systems, fittings,

material. The officers carrying out survey shall ensure that any such

arrangements and material,

which

that survey shall ensure that any

significant

change, replacement, or

has an impact on the inventory

such change, replacement, or

repair has been made in a manner

of hazardous materials.

The

[…]

significant

repair has been made in that allows the ship to comply with survey shall

be such as to

ensure

a manner that allows the ship to

the requirements of this

that any change, replacement, or

comply with the requirements of

Regulation, and they shall verify

significant repair has been made in

this Regulation, and they shall

that Part I of the inventory of

the way

that

[…]

the ship

verify that Part I of the inventory

hazardous materials has been

continues

to comply with the

of hazardous materials has been

amended accordingly.

requirements of this Regulation,

amended accordingly.

and

[…]

that Part I of the inventory

of hazardous materials

amended

as necessary.

Council text provisionally

agreed, slight modification

suggested:

5. The additional survey, either

general or partial

according to the

circumstances, shall

be conducted

if requested by

the ship owner

after a change, replacement or

significant repair of the structure,

equipment, systems, fittings,

arrangements and material,

which

has an impact on the inventory

of hazardous materials.

The

[…]

survey shall

be such as to

ensure

that any change, replacement, or

significant repair has been made in

the way

that

[…]

the ship

continues

to comply with the

requirements of this Regulation,

and

[…]

that Part I of the inventory

of hazardous materials

amended

as necessary.

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Council text provisionally agreed

6. The final survey shall be

conducted prior to the ship being

taken out of service and before the

recycling of the ship has started.

The officers carrying out that

survey shall verify that:

(a) the inventory of hazardous

materials complies with the

requirements of this Regulation;

(b) the ship recycling plan properly

reflects the information contained

in the inventory of hazardous

materials;

the following information:

(1) the establishment, maintenance

and monitoring of the safe-for-

entry and safe-for-hot work

criteria;

(2) the treatment of the hazardous

materials and waste generated by

the recycling of the specific ship in

the ship recycling facility as well

as in any authorized waste

treatment facility;

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Article 8 – paragraph 6

6. The final survey shall be

conducted prior to the ship being

taken out of service and before the

recycling of the ship has started.

The

[…]

survey shall verify that:

(a) the inventory of hazardous

materials complies with the

requirements of

Article 5;

(b) the ship recycling plan properly

reflects the information contained

in the inventory of hazardous

materials

and complies with the

requirements of Article 7;

(c)

[…]

Point c covered by Article 7.

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Commission proposal

(d) there is a contract between the

shipowner and the ship recycling

facility complying with Article 9,

(e) the ship recycling facility

where the ship is to be recycled is

included in the European List.

EP amendments

Council position

Coreper-2 May 2013

(d)

[…]

(e) the ship recycling facility

where the ship is to be recycled is

included in the European List.

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Point d deleted as a consequence

of deleting Article 9 on the

contract.

7.For existing ships intended for

dismantling, the initial survey and

the final survey shall be conducted

at the same time.

Amendment 45

Article 8 – paragraph 6 – subparagraph 2 – point a a (new)

(aa) the ship has been pre-cleaned

in accordance with point (c) of

Article 6(1);

Article 8 – paragraph 7

7. For existing ships intended for

ship recycling,

the initial survey

and the final survey

may

conducted at the same time.

EP provisionally agrees to

withdraw AM

Council text provisionally agreed

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Amendment 46

Article 8 – paragraph 7 a (new)

7a. The officers carrying out the

surveys may, at any time or at the

duly substantiated request of port

authorities which have serious

concerns about the condition of a

ship that has put into port, decide

to carry out an unannounced

inspection in order to determine

whether the ship complies with

this Regulation.

Article 9

[…]

EP provisionally agrees to

withdraw AM

The contract issue (Article 9) is

deleted in the Council text; some

provisions are moved to or

reflected in Article 6 or 12.

Provisionally agreed

Amendment 47

Article 9 – paragraph 2

2. The contract shall be effective at 2. The contract shall be effective at

[…]

the latest from the time of the

request for the final survey referred request for the final survey referred

to in Article 8(1)(d) and until the

to in Article 8(6) and until the

recycling is completed.

Council text provisionally agreed

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

(b) to provide the ship recycling

facility with all the ship-relevant

information necessary for the

development of the ship recycling

plan required by Article 7;

Amendment 48

Article 9 – paragraph 3 – point b

(b) to provide the ship recycling

[…]

facility

at least four months prior

to the intended date for the ship

recycling

with all the ship-relevant

information necessary for the

development of the ship recycling

plan required by Article 7,

or in

cases where the ship owner is not

in possession of such information,

to inform the ship recycling

facility and collaborate with them

to ensure that any lacunae are

adequately resolved;

See Article 6 new paragraph (-1)

point (a).

Council text provisionally agreed

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

the start of the recycling or after

the start of the recycling, where

technically feasible,

in case the

content of hazardous materials on

board does not substantially

correspond to the inventory of

hazardous materials and does not

allow for appropriate recycling of

the ship;

Amendment 49

Article 9 – paragraph 3 – point b a (new)

(ba) to provide the ship recycling

[…]

facility with a copy of the ready

for recycling certificate issued in

accordance with Article 10;

Amendment 50

Article 9 – paragraph 3 – point b b (new)

(bb) to send a ship for ship

[…]

recycling only when the ship

recycling plan has been explicitly

approved by the competent

authority in accordance with

point (b) of Article 7(2);

Amendment 51

Article 9 – paragraph 3 – point c

[…]

the start of the recycling or after

the start of the recycling, where

technically feasible,

if the intended

ship recycling is impractical or

would undermine safety or

protection of the environment due

to a failure to describe the ship

properly, whether in the inventory

or elsewhere;

Covered by Article 6 new

paragraph 3.

Council text provisionally agreed

See Article 12 new

paragraph (2)(a).

Council text provisionally agreed

See Article 6 new paragraph 4.

Council text provisionally agreed

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

(a) to develop, in collaboration

with the shipowner, a ship-specific

ship recycling plan in accordance

with Article 7;

Amendment 52

Article 9 – paragraph 3 – point c a (new)

(ca) to cover the actual extra costs

[…]

in the event that the content of

hazardous materials on board is

significantly higher than

indicated in the inventory of

hazardous chemicals, but does not

render the intended ship recycling

impractical or undermine safety

or protection of the environment.

Amendment 53

Article 9 – paragraph 4 – point a

(a) to develop, in collaboration

[…]

with the ship owner, a ship-

specific ship recycling plan in

accordance with Article 7

within

one month of reception of all

relevant information pursuant to

point b of paragraph 3;

EP provisionally agrees to

withdraw AM

Duplication with Article 7.

Council text provisionally agreed

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Amendment 54

Article 9 – paragraph 4 – point c

prohibit

the start of any

refuse

the start of any

[…]

recycling of the ship prior to

submission of the report referred to submission of the report referred to

in point (b);

in point (b)

and prior to approval

of the ship recycling plan by its

competent authority;

Amendment 55

Article 9 – paragraph 4 – point d – introductory part

(d) when preparing to receive a

[…]

ship for recycling, to notify in

writing at least

14 days

prior to the writing at least

three months

prior

planned start of the recycling the

to the planned start of the recycling

relevant competent authorities of

the relevant competent authorities

the intention to recycle the ship

of the intention to recycle the ship

concerned:

Amendment 56

Article 9 – paragraph 4 a (new)

4a. The ship owner shall provide a

copy of the contract to the

competent authority.

See Article 7 new paragraph 3.

Council text provisionally agreed

See Article 7 new paragraph 4.

Council text provisionally agreed

EP provisionally agrees to

withdraw AM

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

1. After completion of an initial or

renewal survey or of an additional

survey

conducted at the request of

the shipowner, a

Member State

shall issue an inventory certificate

in accordance with the form laid

down in Annex IV. This certificate

shall be supplemented by Part I of

the inventory of hazardous

materials.

The Commission shall be

empowered to adopt delegated acts

in accordance with Article 26

concerning the updating of the

form of the inventory certificate

laid down in Annex IV.

Amendment 57

Article 10 – paragraph 1

1. After

successful

completion of

1. After

successful

completion of

Council text provisionally agreed

an initial or renewal survey or of

an initial or renewal survey

[…],

an additional survey,

the

Member

the administration or a

State

whose flag the ship is flying

recognised organisation

shall issue an inventory certificate

authorised by it

shall issue an

in accordance with the form laid

inventory certificate

[…].

This

down in Annex IV. This certificate certificate shall be supplemented

shall be supplemented by Part I of by Part I of the inventory of

the inventory of hazardous

hazardous materials.

materials.

Where the initial survey and the

final survey are conducted at the

same time as provided for in

Article 8(7), only a ready for

recycling certificate referred to

in paragraph 2 shall be issued.

The Commission shall be

empowered to adopt delegated acts The Commission shall

[…]

adopt

in accordance with Article 26

implementing

acts

[…] to

concerning the updating of the

establish

the format of the

form of the inventory certificate

inventory certificate

[…] to ensure

laid down in Annex IV.

it is consistent with Appendix 3

to the Convention. Those

implementing acts shall be

adopted in accordance with the

examination procedure referred

to in Article 27.

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Council text provisionally agreed

Article 10 – paragraph 1a (new)

1a. An inventory certificate shall

be endorsed at the request of the

ship owner either by the

administration or by a

recognised organisation

authorised by it after successful

completion of an additional

survey conducted in accordance

with Article 8.

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Council text provisionally agreed

Article 10 – paragraph 1b (new)

1b. The administration or

recognised organisation

authorised by it or acting on its

behalf shall issue or endorse, as

appropriate, an inventory

certificate, if the renewal survey

is successfully completed:

(a) within three months before

the expiry of the existing

certificate, to limit the validity of

the new certificate to a date not

exceeding five years from the

date of expiry of the existing

certificate;

(b) after the expiry of the

existing certificate, to limit the

validity of the new certificate to a

date not exceeding five years

from the date of expiry of the

existing certificate;

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

before the expiry of the existing

certificate, to limit the validity of

the new certificate to a date not

exceeding five years from the

date of completion of the renewal

survey;

(d) and a new certificate cannot

be issued or placed on board

before expiry of the existing

certificate, to extend the validity

of the existing certificate for a

period not exceeding five months

from the expiry date.

In case of an inventory

certificate issued for a period of

less than five years, the

administration may extend the

validity of the existing certificate

to a date not exceeding the

maximum period under Article

8(4).

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Council text provisionally agreed

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

In special circumstances as

determined by the

administration, a new certificate

need not be dated from the date

of expiry of the existing

certificate as required by point

(b) of paragraph 1b and

paragraphs 1c and 1d. In these

special circumstances, the new

certificate shall be valid to a date

not exceeding five years from the

date of completion of the renewal

survey.

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Council text provisionally agreed

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Article 10 – paragraph 1c (new)

Council text provisionally agreed

1c. Where a ship is not at a port

or anchorage where it is to be

surveyed when the inventory

certificate expires, the

administration may, if it is

proper to do so, extend the

period of validity of the

certificate for a period not

exceeding three months to enable

the ship to complete its voyage to

the port at which it is to be

surveyed. Any extension granted

shall be conditional on the

survey being completed at that

port before the ship leaves. A

ship to which an extension is

granted shall not, on its arrival

in the port in which it is to be

surveyed, be entitled by virtue of

such extension to leave the port

without

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

having a new certificate. When

the renewal survey is completed,

the new certificate shall be valid

to a date not exceeding five years

from the date of the existing

certificate before the extension

was granted.

Article 10 – paragraph 1d (new)

1d. An inventory certificate for a

ship engaged on short voyages

which has not been extended

under the aforementioned

conditions may be extended by

the administration for a period

of grace of up to one month from

its expiry. When the renewal

survey is completed, the new

certificate shall be valid to a date

not exceeding five years from the

date of expiry of the existing

certificate before the extension

was granted.

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Council text provisionally agreed

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

2. After successful completion of a

final survey in accordance with

Article 8(6), the administration

shall issue a ready for recycling

certificate in accordance with the

form laid down in Annex V. This

certificate shall be supplemented

by the inventory of hazardous

materials and the ship recycling

plan.

Amendment 58

Article 10 – paragraph 2 (and 3)

2. After successful completion of a 2. After successful completion of a

final survey in accordance with

Article 8(6), the administration

shall issue a ready for recycling

a recognised organisation

certificate in accordance with the

authorised by it

shall issue a

ready for recycling certificate

[…].

form laid down in Annex V,

if it

This certificate shall be

considers that the ship recycling

supplemented by the inventory of

plan complies with the

hazardous materials and the ship

requirements of this Regulation.

recycling plan.

This certificate shall be

supplemented by the inventory of

[…]

The Commission shall

[…]

hazardous materials and the ship

adopt

implementing

acts

[…] to

recycling plan.

establish

the format of the ready

for recycling certificate

to ensure

it is consistent with Appendix 4

to the Convention. Those

implementing acts shall be

adopted in accordance with the

examination procedure referred

to in Article 27.

A ready for

recycling certificate issued after a

final

survey

[…]

in accordance

with

the previous

paragraph

[…]

shall be accepted by the other

Member States and regarded for

the purposes of this Regulation as

having the same validity as a

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Council text provisionally

agreed, EP willing to accept

implementing acts as part of

final compromise

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

4. The ready for recycling

certificates shall be issued or

endorsed either by the

administration or by a recognised

organisation acting on behalf of the

administration.

1.An inventory certificate shall be

issued for a period specified by the

administration, which shall not

exceed five years.

ready for recycling

certificate

issued by them.

Article 10 – paragraph 4

[…]

Moved to Article 11 new

paragraph 2a.

Council text provisionally agreed

Article 11 – paragraph 1

Subject to Article 10, an

Council text provisionally agreed

inventory certificate shall be issued

for a period specified by the

administration, which shall not

exceed five years.

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Council text provisionally agreed

2. An inventory certificate issued

under Article 10 of this Regulation

shall cease to be valid in any of the

following cases:

(a) where the condition of the ship

does not correspond substantially

with the particulars of the

certificate, including where Part I

of the inventory of hazardous

materials is not properly

maintained and updated, reflecting

changes in ship structure and

equipment;

Article 11 – paragraph 2

2. An inventory certificate issued

or endorsed

under Article 10 of

this Regulation shall cease to be

valid in any of the following cases:

(a)

the condition of the ship does

not correspond substantially with

the particulars of the certificate,

including where Part I of the

inventory of hazardous materials is

not properly maintained and

updated, reflecting changes in ship

structure and equipment,

taking

into account the relevant IMO

guidelines;

(b) where the renewal survey is not

completed at intervals specified by

the administration but not

exceeding five years;

issued nor endorsed in accordance

with Article 10 of this Regulation.

(b) where the renewal survey is not

completed

within the periods

specified in Article 10.

[…]

Point c covered by point b and

Article 10.

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Based on Article 10(4) and the

first sentence of Article 11(4) of

the Commission proposal.

Council text provisionally agreed

3. A ready for recycling certificate

issued under Article 10 of this

Regulation shall cease to be valid

where the condition of the ship

does not correspond substantially

with the particulars of the

certificate.

4. A ready for recycling certificate

shall be issued by the

administration for a period not

exceeding three months. The ready

for recycling certificate may be

extended by the administration or

by a recognised organisation acting

on behalf of the administration for

a single point to point voyage to

the ship recycling facility.

Article 11 – paragraph 2a (new)

2a.

A ready for recycling

certificate shall be issued by the

administration

or by a recognised

organisation authorised by it

for

a period not exceeding three

months.

Article 11 – paragraph 3

3. A ready for recycling certificate

issued under Article 10 of this

Regulation shall cease to be valid

where the condition of the ship

does not correspond substantially

with the particulars of the

inventory

certificate.

Article 11 – paragraph 4

[…]

The ready for recycling

certificate may be extended by the

administration or by a recognised

organisation

authorised by it […]

for a single point to point voyage

to the ship recycling facility.

Council text provisionally agreed

First sentence moved to new

paragraph 2a above.

Council text provisionally agreed

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Amendment 59

Article 11 a (new)

Article 11a

Inspections

1. Member States shall apply

control provisions for ships in

accordance with their national

legislation having regard to

Directive 2009/16/EC of the

European Parliament and of the

Council of 23 April 2009 on port

State control. Except as provided

for in paragraph 2, any such

inspection is limited to verifying

that there is on board either an

inventory certificate or a ready

for recycling certificate, which, if

valid, shall be accepted.

2. Where a ship does not carry a

valid certificate or there are

clear grounds for believing that:



the condition of the ship or

its equipment does not

correspond substantially with

the particulars of the

certificate, and/or Part I of

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Article 11a

Inspections

Compromise text provisionally

agreed for the title:

Article 11a

Port State control

Furthermore, see compromise

text by the Presidency added in

recital 5

Member States shall apply control

provisions for EU ships

equivalent to those laid down in

Directive 2009/16/EC, in

accordance to their national

legislation. A more detailed

inspection shall be carried out,

taking into account guidelines

developed by the IMO, where an

inspection reveals that a ship does

not comply with the requirements

set out in Article 4(1) to (3a),

Articles 5, and 7, or does not carry

a valid inventory certificate in

accordance with Article 10(1), or

whenever there are clear grounds

for believing, after an inspection,

that:

– the condition of the ship or its

equipment does not comply with

the requirements set out in Article

4(1) to (3a) or does not

correspond substantially to the

particulars of the certificate,

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Commission proposal

EP amendments

and/or the inventory of hazardous

materials, or

– there is no procedure



implemented on board the ship for

the maintenance of the inventory

of hazardous materials.

Council position

Coreper-2 May 2013

the inventory of hazardous

materials or

there is no procedure

implemented on board the

ship for the maintenance of

Part I of the inventory of

hazardous materials;

a detailed inspection may be

carried out taking into account

the relevant IMO guidelines.

3. A ship may be warned,

detained, dismissed or excluded

from the ports or offshore

terminals under the jurisdiction

of a Member State in the event

that it fails to submit to the

relevant authorities a copy of the

inventory certificate or the ready

for recycling certificate, as

appropriate, without prejudice

to the provisions of Article 10. A

Member State taking such action

shall immediately inform the

administration of the ship

concerned. Failure to update the

inventory of hazardous materials

shall not constitute a detainable

deficiency, but any

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

inconsistencies in the inventory

of hazardous materials shall be

reported to the administration of

that ship and shall be redressed

at the time of the next survey.

4. Access to a specific port or

anchorage may be permitted by

the relevant authority of a

Member State in the event of

force majeure or overriding

safety considerations, or to

reduce or minimise the risk of

pollution or to have deficiencies

rectified, provided that adequate

measures to the satisfaction of

the relevant authority of such

Member State have been

implemented by the owner, the

operator or the master of the

ship to ensure safe entry.

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Amendment 60

Article 11 b (new)

Article 11b

Provisions applicable to non-EU

Requirements for ships flying

ships in addition to Article 5a,

the flag of a third country

Article 5b and Article 23(1) and

Article 29 (1)

Package on date of appl. and

inventory

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Commission proposal

EP amendments

1. Member States shall ensure

that non-EU ships comply with

the requirements set out in Article

4(1) to (3a), without prejudice to

the requirements of other Union

legislation which may require

further measures. Member States

shall prohibit the installation or

use of the materials referred to in

Article 4(1) to (3a), on non-EU

ships whilst in its ports,

anchorages, shipyards, ship repair

yards or offshore terminals.

Council position

Coreper-2 May 2013

1. As from 5 years from the date

of application of this Regulation,

a ship flying the flag of a third

country shall have on board an

inventory of hazardous materials

when calling at a port or

anchorage of a Member State.

Notwithstanding the previous

subparagraph, access to a

specific port or anchorage may

be permitted by the relevant

authority of a Member State in

the event of force majeure or

overriding safety considerations,

or to reduce or minimise the risk

of pollution or to have

deficiencies rectified, provided

that adequate measures to the

satisfaction of the relevant

authority of such Member State

have been implemented by the

owner, the operator or the

master of the ship to ensure safe

entry.

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Compromise text as part of the

package on date of application

and inventory:

1. As from 5 years from [the date

of entry into force of this

Regulation + two years], a ship

flying the flag of a third country

shall have on board an inventory

of hazardous materials when

calling at a port or anchorage of

a Member State.

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Commission proposal

EP amendments

2. New non-EU ships entering a

port or an anchorage of a

Member State shall keep available

on board a valid inventory of

hazardous materials.

Council position

Coreper-2 May 2013

2. The installation of hazardous

materials referred to in Annex I

on ships flying the flag of a third

country, whilst in a port or

anchorage of a Member State,

shall be prohibited or restricted

as specified in Annex I.

The use of hazardous materials

referred to in Annex I on ships

flying the flag of a third country,

whilst in a port or anchorage of a

Member State, shall be

prohibited or restricted as

specified in Annex I, without

prejudice to the exemptions and

transitional arrangements

applicable to those materials

under international law.

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Council text based on Art. 4.

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Commission proposal

EP amendments

3. Existing non-EU ships entering

a port or an anchorage of a

Member State shall keep available

on board an inventory of

hazardous materials according to

the timelines indicated in Article

5(2a). The inventory shall fulfil

the requirements set out in Article

5(4) to (7).

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

3. The inventory of hazardous

Council text based on Art. 5(2),

materials shall be specific to each

(4) and (5).

ship, clarify that the ship

complies with paragraph 2 and

EP amendment broadly reflected

be compiled taking into account

in paragraph 1 of this new Article

the relevant IMO guidelines. As

in the Council text.

far as practicable, the hazardous

materials listed in Annex I, at

least, shall be identified when the

inventory of hazardous materials

is developed.

Council position

Coreper-2 May 2013

A plan shall be established by

the ship flying the flag of a third

country describing the

visual/sampling check by which

the inventory of hazardous

materials is developed taking

into account the relevant IMO

guidelines.

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Commission proposal

EP amendments

4. Non-EU ships entering a port

or an anchorage of a Member

State shall present a statement of

compliance issued by the ship's

administration or recognised

organisation acting on its behalf

confirming that the ship complies

with the provisions set out in

paragraphs 1 to 3.

Council position

Coreper-2 May 2013

4. The inventory of hazardous

materials shall be properly

maintained and updated

throughout the operational life

of the ship, reflecting new

installations containing any

hazardous materials referred to

in Annex IA and relevant

changes in the structure and

equipment of the ship, taking

into account the exemptions and

transitional arrangements

applicable to those materials

under international law.

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Council text reflects Art. 5(7).

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Commission proposal

EP amendments

5. Non-EU ships that have been

bought from an owner flying an

EU flag when the ship was older

than 20 years, where entering a

port or an anchorage of a

Member State, shall keep

available on board a ship

recycling plan in accordance with

point (d) of Article 7(2).

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

5. A ship flying the flag of a third

Council text mirrors Art. 11a(3).

country shall, prior to calling at

a port or anchorage of a Member

State, submit to the relevant

authorities a copy of the

statement of compliance with the

provisions referred to in the

previous paragraphs together

with the inventory of hazardous

materials.

Council position

Coreper-2 May 2013

In the event of failure to submit

a copy of the statement of

compliance, a ship flying the flag

of a third country may be

warned, detained, dismissed or

excluded from the ports or

offshore terminals of a Member

State. A Member State taking

such action shall immediately

inform the flag administration of

the ship concerned. Failure to

update the inventory of

hazardous materials does not

constitute a detainable

deficiency, but any

inconsistencies in the inventory

of hazardous materials shall be

reported to the flag

administration of that ship.

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Commission proposal

EP amendments

6. A more detailed inspection

shall be carried out where an

inspection reveals that a non-EU

ship does not comply with the

requirements set out in

paragraphs 1 to 5, or whenever

there are clear grounds for

believing, after an inspection,

that:

– the condition of the ship or its

equipment does not comply with

the requirements of paragraph 1

or does not correspond

substantially to the particulars of

the certificate or the inventory of

hazardous materials, or

– there is no procedure

implemented on board the ship for

the maintenance of the inventory

of hazardous materials.

7. Member States shall ensure

that effective, proportionate and

dissuasive penalties are applicable

to owners of non-EU ships that do

not comply with the provisions in

this Article.

Council position

Coreper-2 May 2013

6. The statement of compliance

shall be issued after verification

of the inventory of hazardous

materials by the relevant

authorities of the State whose

flag the ship is flying or any

person or organization

authorised by it, according to

national requirements. The

statement of compliance may be

modelled on the basis of

Appendix 3 to the Convention.

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

7. The statement of compliance

and the inventory of hazardous

materials shall be drawn up in

an official language of the issuing

flag administration and where

the language used is not English,

French or Spanish, the text shall

include a translation into one of

these languages.

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

8. Αs from 5 years after the date

of application of this Regulation,

ships flying the flag of a third

country applying to be registered

under the flag of a Member State

shall ensure that an inventory of

hazardous materials, as provided

for in Article 5(2), is kept on

board or is established within

6 months of the registration

under the flag of a Member State

or during the next periodical

statutory survey, whichever

comes first.

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Compromise text as part of the

package on date of application

and inventory:

8. As from 5 years from [the date

of entry into force of this

Regulation + two years], ships

flying the flag of a third country

applying to be registered under

the flag of a Member State shall

ensure that an inventory of

hazardous materials, as provided

for in Article 5(2), is kept on

board or is established within

6 months of the registration

under the flag of a Member State

or during the next periodical

statutory survey, whichever

comes first.

Duplication of Article 6(1)(b).

Council text provisionally agreed

Ships shall only be recycled in ship

recycling facilities which have

been included in the European list.

Article 12 – paragraph 1 - first subparagraph

[…]

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

In order to be included in the

European list, a ship recycling

facility shall comply with the

following requirements:

Amendment 61

Article 12 – paragraph 1 - subparagraph 2 – introductory part

In order to be included in the

European list, a ship recycling

European List, a ship recycling

facility shall comply with the

following requirements,

taking

following requirements,

into account relevant IMO, ILO

accordance with the relevant

and other international

provisions of the Convention and

guidelines:

taking into account the relevant

guidelines of the IMO,

International Labour

Organization (ILO), Basel

Convention on the Control of

Transboundary Movements of

Hazardous Wastes and Their

Disposal and other international

guidelines:

Compromise text provisionally

agreed:

In order to be included in the

European List, a ship recycling

facility shall comply with the

following requirements,

accordance with the relevant

provisions of the Convention and

taking into account the relevant

guidelines of the IMO,

International Labour

Organization (ILO), Basel

Convention on the Control of

Transboundary Movements of

Hazardous Wastes and their

Disposal and the Stockholm

Convention on Persistent

Organic Pollutants and other

international guidelines:

Covers AM 73 and 74

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

(i) be authorised to conduct its

operations by its competent

authorities;

(b) establish management and

monitoring systems, procedures

and techniques which

do not pose

health risks to the workers

concerned or to the population in

the vicinity of the ship recycling

facility and which will prevent,

reduce, minimise and to the extent

practicable eliminate adverse

effects on the environment caused

by ship recycling;

Article 12 – paragraph 1 - subparagraph 2 - point aa (new)

(aa)

be authorised by its competent

Moved from point i in the

authorities to conduct its

Commission proposal.

operations;

Council text provisionally agreed

Amendment 62

Article 12 – paragraph 2 – point a a (new)

(aa) operate from permanent built

See new recital 5a

structures (dry docks, quays or

concrete slip-ways);

Amendment 63

Article 12 – paragraph 2 – point a b (new)

(ab) have sufficient cranes

EP willing to withdraw AM as

available for lifting parts cut from

part of package on beaching

a ship;

Amendment 64

Article 12 – paragraph 2 – point b

(b) establish management and

Council text provisionally agreed

monitoring systems, procedures

and techniques which

ensure that

and techniques which

will

health risks

are posed

to the

prevent, reduce, minimise and to

workers concerned or to the

the extent practicable eliminate:

population in the vicinity of the

(i)

health risks to the workers

ship recycling facility and which

concerned

and

to the population in

will prevent, reduce, minimise and the vicinity of the ship recycling

to the extent practicable eliminate

facility, and

[…]

adverse effects on the environment

(ii)

adverse effects on the

caused by ship recycling;

environment caused by ship

recycling;

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Point c moved to point da below.

Council text provisionally agreed

human health and the environment;

Article 12 – paragraph 1 - subparagraph 2 - point c

[…]

Amendment 65

Article 12 – paragraph 2 – point d

(d) develop and

adopt

a ship

(d)

prepare […]

a ship recycling

recycling facility plan;

facility plan;

Article 12 – paragraph 1 - subparagraph 2 - point da (new)

(da)

prevent adverse effects on

human health and the environment,

including the demonstration

the

control of any leakage, in

particular in intertidal zones

;

Article 12 – paragraph 1 - subparagraph 2 - point e

[…]

Article 12 – paragraph 1 - subparagraph 2 - point f

[…]

(d) develop and

approve

a ship

recycling facility plan;

Consistency with new

definition in Art. 2(14b).

Council text provisionally agreed

Moved from points c and l of the

Commission proposal.

Council text provisionally agreed

(e) establish and maintain an

emergency preparedness and

response plan;

(f) provide for worker safety and

training, including ensuring the use

of personal protective equipment

for operations requiring such use;

Point e moved to new point ha.

Council text provisionally agreed

Point f moved to new point hb.

Council text provisionally agreed

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Point g moved to new point hc.

Council text provisionally agreed

(g) establish records on incidents,

accidents, occupational diseases

and chronic effects and, if

requested by its competent

authorities, report any incidents,

accidents, occupational diseases or

chronic effects causing, or with the

potential for causing, risks to

workers’ safety, human health and

the environment;

Article 12 – paragraph 1 - subparagraph 2 - point g

[…]

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Compromise text provisionally

agreed:

(h) ensure safe and

environmentally sound

management

and storage [covers

AM 70, 72, 73]

of hazardous

materials and waste,

including

[…]

the containment of all

hazardous materials present on

board of a ship during the

entire

[covers AM 67]

recycling process

so as to prevent any release of

these hazardous materials into the

environment

[…], and

- the

handling

of [covers AM 68]

hazardous materials and waste

generated during the recycling

process

only on impermeable

floors with effective drainage

systems;

[…]

that all wastes generated

from the recycling activity

and

their quantities are documented

and [covers AM 82]

are only

transferred to waste management

facilities,

including waste

recycling facilities [covers

101

(h) ensure safe and

environmentally sound

management of hazardous

materials;

Article 12 – paragraph 1 - subparagraph 2 - point h

(h) ensure safe and

environmentally sound

management of hazardous

materials and waste,

including

[…]

the containment of all

hazardous materials present on

board of a ship during the

recycling process so as to prevent

any release of these hazardous

materials into the environment

[…];

the

handling

hazardous

materials and waste

generated

during the recycling

only on

impermeable floors with effective

drainage systems;

[…]

that all wastes generated

from the recycling activity are only

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

transferred to waste management

facilities authorised to deal with

their treatment

[…]

without

endangering human health and in

an environmentally sound manner;

Article 12 – paragraph 1 - subparagraph 2 - point ha (new)

(ha)

establish and maintain an

emergency preparedness and

response plan,

including

ensuring

access for emergency response

equipment such as fire-fighting

equipment and vehicles,

ambulances and cranes to all areas

of the ship recycling facility;

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

AM 69]

authorised to deal with

their treatment

[…]

without

endangering human health and in

an environmentally sound manner;

Compromise text provisionally

agreed:

(ha)

establish and maintain an

emergency preparedness and

response plan;

ensure rapid

access for emergency response

equipment such as fire-fighting

equipment and vehicles,

ambulances and cranes to

the ship

and

all areas of the ship recycling

facility;

Article 12 – paragraph 1 - subparagraph 2 - point hb (new)

(hb)

provide for worker safety and

Moved from point f.

training, including ensuring the use

of personal protective equipment

Council text provisionally agreed

for operations requiring such use;

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Moved from point g.

Council text provisionally agreed

(j) ensure access for emergency

response equipment such as fire-

fighting equipment and vehicles,

ambulances and cranes to all areas

of the

ship

recycling facility;

Article 12 – paragraph 1 - subparagraph 2 - point hc (new)

(hc)

establish records on incidents,

accidents, occupational diseases

and chronic effects and, if

requested by its competent

authorities, report any incidents,

accidents, occupational diseases or

chronic effects causing, or with the

potential for causing, risks to

workers’ safety, human health and

the environment;

Article 12 – paragraph 1 - subparagraph 2 - point hd (new)

(hd) agree to comply with the

requirements in paragraph 2.

Amendment 66

Article 12 – paragraph 1 - subparagraph 2 – point j

(j) ensure

rapid

access for

[…]

emergency response equipment

such as fire-fighting equipment

and vehicles, ambulances and

cranes to

the ship and

all areas of

the recycling facility

once work

has commenced to recycle the

ship;

Council text provisionally agreed

Point j moved into new point ha.

Council text provisionally agreed

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

(k) ensure the containment of all

hazardous materials present on

board of a ship during the

recycling process so as to prevent

any release of these hazardous

materials into the environment and

in particular in intertidal zones;

(m) handle hazardous materials

and waste only on impermeable

floors with effective drainage

systems;

Amendment 67

Article 12 – paragraph 1 - subparagraph 2 – point k

(k) ensure the containment of all

[…]

hazardous materials present on

board of a ship during the

recycling process so as to prevent

any release of these hazardous

materials into the environment and

in particular in intertidal zones,

notably by cutting the bottom part

in a permanent or floating dry

dock;

Amendment 68

Article 12 – paragraph 1 - subparagraph 2 – point m

(m)

without prejudice to point (k),

[…]

handle hazardous materials and

waste only on impermeable floors

with effective drainage systems;

Point k moved into point h.

Council text provisionally agreed

Point m moved into point h.

Council text provisionally agreed

AM covered by compromise text

for point h above.

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Amendment 69

Article 12 – paragraph 1 - subparagraph 2– point m a (new)

(ma) ensure that all wastes

prepared for recycling are only

transferred to recycling facilities

authorised to deal with their

recycling without endangering

human health and in an

environmentally sound manner;

Amendment 70

Article 12 – paragraph 1 - subparagraph 2– point m b (new)

(mb) ensure appropriate storage

for dismantled spare parts,

including impermeable storage

for oil-contaminated spare parts;

Amendment 71

Article 12 – paragraph 1 - subparagraph 2 – point m c (new)

(mc) ensure functioning

equipment for the treatment of

water, including rainwater, in

compliance with health and

environmental regulations;

EP provisionally agrees to

withdraw AM

AM covered by compromise text

for point (h) above.

EP provisionally agrees to

withdraw AM

AM covered by compromise text

for point (h) above and Art. 7(d).

EP provisionally agrees to

withdraw AM

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Amendment 72

Article 12 – paragraph 1 - subparagraph 2 – point m d (new)

(md) ensure appropriate storage

for explosive and/or inflammable

materials and gas, including the

prevention of fire hazards and

excessive stockpiling;

Amendment 73

Article 12 – paragraph 1 - subparagraph 2 – point m e (new)

(me) ensure appropriate

impermeable and sheltered

storage and containment for solid

and liquid PCB/PCT waste or

material.

Amendment 74

Article 12 – paragraph 1 - subparagraph 2 – point m f (new)

(mf) ensure that all PCB/PCT

containing material is managed in

accordance with the obligations

and Guidelines of the Stockholm

Convention on Persistent Organic

Pollutants.

EP provisionally agrees to

withdraw AM

AM covered by compromise text

for point (h) above.

EP provisionally agrees to

withdraw AM

AM covered by compromise text

for point (h) above.

EP provisionally agrees to

withdraw AM

AM covered by compromise text

for the introductory part of this

subparagraph.

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Amendment 75

Article 12 – paragraph 2 – point n

(n) ensure that all wastes generated (n) ensure that all wastes generated

[…]

from the recycling activity are only from the recycling activity are only

transferred to waste management

facilities authorised to deal with

their treatment and disposal

without endangering human health without endangering human health

and in an environmentally sound

manner.

Therefore draw up a

working at the main facility,

including information on their

waste management methods and

capacities;

Point n moved into point h.

See compromise text

provisionally agreed under

Art. 15 (7)(a)

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Moved to Article 15 new

paragraph 4.

Council text provisionally agreed

For the purposes of point (n),

environmentally sound

management may be assumed as

regards the waste recovery or

disposal operation concerned,

where the ship recycling facility

can demonstrate that the waste

management facility which

receives the waste will be operated

in accordance with human health

and environmental protection

standards that are equivalent to

standards established in Union

legislation.

Article 12 – paragraph 1 - subparagraph 3

[…]

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Council text provisionally agreed

Article 12 – paragraph 2 (new)

2. The operator of a ship

recycling facility shall be

required:

(a) to send the ship recycling

plan, once approved in

accordance with Article 7(3), to

the ship owner and the

administration or a recognised

organisation authorised by it;

(b) to report to the

administration that the ship

recycling facility is ready in

every respect to start the

recycling of the ship;

recycling of a ship is completed

in accordance with this

Regulation, within 14 days of the

date of the complete or partial

recycling in accordance with the

ship recycling plan, to send a

statement of completion to the

administration which issued the

ready for recycling certificate for

the ship. The statement of

completion shall include a report

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

on incidents and accidents

damaging human health and/or

the environment, if any.

Article 12 – paragraph 3 (new)

3. The Commission shall adopt

implementing acts to establish

the format of:

(a) the report required by

point (a) of paragraph 2 to

ensure it is consistent with

Appendix 6 to the Convention;

and

(b) the statement required by

point (b) of paragraph 2 to

ensure it is consistent with

Appendix 7 to the Convention.

Those implementing acts shall be

adopted in accordance with the

examination procedure referred

to in Article 27.

Council text provisionally agreed

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

(1) identify the permit, license or

authorization granted by its

competent authorities to conduct

ship recycling and specify the size

limitations (maximum length,

breadth and lightweight) of the

ships it is authorized to recycle as

well as any applicable limitations;

Amendment 76

Article 13 – paragraph 2 – point 1

(1) identify the permit, license or

[…]

authorization granted by its

competent authorities to conduct

ship recycling and specify the size

limitations (maximum length,

breadth and lightweight) of the

ships it is authorized to recycle as

well as any applicable limitations

and conditions;

Amendment 77

Article 13 – paragraph 2 – point 3 a (new)

3a. provide evidence that the ship

recycling facility complies with all

health and safety provisions

under the laws of that country;

Amendment 78

Article 13 – paragraph 2 – point 4 a (new)

4a. identify all subcontractors

directly involved in the process of

ship recycling and provide

evidence of their permits;

Whole Article 13 moved into

Article 15, this point moved to

paragraph 2(a).

Provisionally agreed to add EP

amendment to Council text

Linked to inspections (AM 87)

See compromise text

provisionally agreed under

Art. 15 (7)(a)

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Amendment 79

Article 13 – paragraph 2 – point 5 – point b – introductory part

(b) which waste

management

(b) which waste

treatment

process

[…]

process will be applied within the

will be applied within the facility:

facility:

incineration, landfilling

(e.g. landfilling, neutralization of

or other waste treatment method

acids, chemical destruction)

and provide evidence that the

other waste treatment method

for

applied process will be carried out

each of the materials listed in

without endangering human health,

Annex I,

and provide evidence that

without harming the environment

the applied process will be carried

and, in particular:

out

in accordance with established

best practices, global norms and

laws,

without endangering human

health, without harming the

environment and, in particular:

Amendment 80

Article 13 – paragraph 2 – point 5 – point c – introductory part

management

treatment

process

[…]

process will be applied if the

will be applied if the hazardous

hazardous materials

destined for materials

are

destined for a

a subsequent waste treatment

subsequent waste treatment facility

facility outside the ship recycling

outside the ship recycling facility.

facility. The following information The following information shall be

shall be provided regarding each

provided regarding each

subsequent waste treatment

facility:

Whole Article 13 moved into

Article 15, this point moved to

paragraph 2(f)(ii).

Council text provisionally agreed

Whole Article 13 moved into

Article 15, this point covered by

paragraph 2(f).

Council text provisionally agreed

with addition set out below

under Article 15(7)(f)(ii) below.

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

(ii) evidence that the waste

treatment facility is authorized to

treat the hazardous material;

Amendment 81

Article 13 – paragraph 2 – point 5 – point c – point ii

(ii) evidence that the waste

[…]

treatment facility is authorized

the relevant competent authority

to treat the hazardous material;

Amendment 82

Article 13 – paragraph 2 – point 5 – point c a (new)

(ca) have a system in place to

document the actual quantities of

hazardous materials removed

from each ship compared to the

inventory of hazardous materials

and the respective treatment

processes applied within the

facility and outside the facility for

those materials

Whole Article 13 moved into

Article 15, this point covered by

paragraph 2(f).

Council text provisionally agreed

EP provisionally agrees to

withdraw AM

AM covered by compromise text

for Article 12(1)(2)(h) and

Article 15 (2)(f)(ii).

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Amendment 83

Article 13 – paragraph 2 – point 5 a (new)

5a. have adequate insurance to

cover health and safety liabilities

and the costs of environmental

remediation in compliance with

relevant legislation of the Member

State or third country where the

facility is located.

Amendment 84

Article 13 – paragraph 2 – point 5 b (new)

5b. conduct regular monitoring of

water and sediments in the

vicinity of the ship recycling

facility to check for pollution.

EP willing to withdraw AM as

part of package on beaching and

inspections

AM covered by Art. 12(2)(b)

Council text provisionally agreed

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Amendment 115

Article 14

Without prejudice to other

relevant Union legislation,

competent

authorities shall

authorise ship recycling facilities

located on their territory that

comply with the requirements set

out in Article 12 to conduct ship

recycling. That authorization may

granted

to the respective ship

recycling facilities for

maximum

period of five years

and renewed

accordingly.

Provided that the objectives of

this Regulation and the

requirements of this Article are

complied with, any permit

produced pursuant to other

national or EU legislation may

be combined with the

authorisation under this Article

to form a single permit, where

such a format obviates the

unnecessary duplication of

information and the repetition of

work by the operator or the

competent authority. In these

cases the authorisation may be

KS/mb

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Outcome of meetings with EP/

Presidency compromise

proposals/Comments

1. Competent authorities shall

authorize ship recycling facilities

located on their territory that

comply with the requirements set

out in Article 12 to conduct ship

recycling. That authorization may

be given to the respective ship

recycling facilities for the

maximum period of five years.

2. Member States shall establish

and update a list of the ship

recycling facilities that they have

authorised in accordance with

paragraph 1.

3. The list referred to in

paragraph 2 shall be notified to the

Commission without delay and not

later than one year from the date of

the entry into force of this

Regulation.

4. Where a ship recycling facility

ceases to comply with the

requirements set out in Article 12,

the Member State shall withdraw

the authorization given to the ship

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Commission proposal

recycling facility concerned and

shall inform the Commission.

EP amendments

Council position

Coreper-2 May 2013

extended in alignment with the

permit regime referred to above,

but not exceeding a maximum

period of five years.

2. Member States shall establish

and update a list of the ship

recycling facilities that they have

authorised in accordance with

paragraph 1.

3. The list referred to in

paragraph 2 shall be notified to the

Commission without delay and not

later than

[15 months

from the

date of the entry into force of this

Regulation].

4. Where a ship recycling facility

ceases to comply with the

requirements set out in Article 12,

the Member State shall

suspend or

withdraw the authorization given

to the ship recycling facility

concerned

or require corrective

actions by the ship recycling

company

and shall inform the

Commission thereof without delay.

5. Where a new ship recycling

facility has been authorized in

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

thereof without delay.

5. Where a new ship recycling

facility has been authorized in

accordance with paragraph 1, the

Member State shall inform the

Commission thereof without delay

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Ship recycling

facilities located

outside of the Union

accordance with paragraph 1, the

Member State shall inform the

Commission thereof without delay.

Amendment 116

Article 15 – title

Inclusion of a

ship recycling

Ship recycling facilities located

outside of the Union

facility in the European List

Amendment 117

Article 15 – paragraph 6

A recycling company

owning a

ship

recycling company

ship recycling facility and

wishing

owning a ship recycling facility

to recycle

EU or non-EU ships in

located outside the Union wishing

accordance with the provisions of

to recycle ships flying the flag of a

this Regulation

shall submit an

Member State shall submit an

application to the Commission for application to the Commission for

inclusion of its ship recycling

inclusion of

the

ship recycling

facility in the European List.

facility

concerned

in the European

List.

EP willing to withdraw AM as

part of overall package

A recycling company

located

outside the Union

wishing to

recycle

ships flying the flag of a

Member State

shall submit an

application to the Commission for

inclusion of its ship recycling

facility in the European List.

EP willing to withdraw AM as

part of overall package

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Last part of introductory sentence

and points a, c, d, e and f moved

from Article 13 of the

Commission proposal.

Council text provisionally agreed

with the following additions to lit

(a) and to lit (f)(ii):

(a) identify the permit, license or

authorization granted by its

competent authorities to conduct

ship recycling

and, where

relevant, the permit, license or

authorisation granted by the

competent authorities to all its

contractors and sub-contractors

directly involved in the process

of ship recycling

and specify

all

information referred to in

Article 16(2);

(cf. amendment 75 and 78)

(…)

(ii) which waste management

process will be applied within

outside

the

ship recycling

facility

118

That request shall be

accompanied by the information

and supporting evidence required

by Article 13 and Annex VI that

the ship recycling facility complies

with the requirements set out in

Article 12.

The Commission shall be

empowered to adopt delegated acts

in accordance with Article 26

concerning the updating of the

form on the identification of the

ship recycling facility provided for

in Annex VI.

Article 15 – paragraph 7

That request shall be

accompanied by evidence

[…]

that

the ship recycling facility

concerned

complies with the

requirements set out in Article 12

in order to conduct ship recycling

and to be included in the European

List

in accordance with Article

16.

In particular, the ship recycling

company

shall:

(a) identify the permit, license or

authorization granted by its

competent authorities to conduct

ship recycling and specify

all

information referred to in

Article 16(2);

(b) indicate whether the ship

recycling plan will be approved

by the competent authority

through a tacit or explicit

procedure, specifying the review

period relating to tacit approval,

in accordance with national

requirements, where applicable;

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

such as

incineration, landfilling or

other waste treatment method,

the

name and address of the waste

treatment facility if outside the

ship recycling facility,

and

provide evidence that the applied

process will be carried out without

endangering human health

and in

an environmentally sound

manner;

Covers AM 82

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

(c)

confirm

that

[…]

a ship flying

the flag of a

[…]

Member State

will

only be accepted

accordance with the provisions of

this Regulation;

(d) provide evidence that the ship

recycling facility is capable of

establishing, maintaining and

monitoring of the safe-for-hot

work and safe-for-entry criteria

throughout the ship recycling

process;

(e) attach a map of the boundary of

the ship recycling facility and the

location of ship recycling

operations within it;

(f) for each material referred to in

Annex I and additional hazardous

material which might be part of the

structure of a ship specify:

(i) if the

ship recycling

facility is

authorised to carry out the removal

of the hazardous material. In this

case, the responsible personnel

authorised to carry out the removal

shall be identified and evidence of

Outcome of meetings with EP/

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proposals/Comments

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

its competence shall be provided;

(ii) which waste management

process will be applied within

outside

the

ship recycling

facility

such as

incineration, landfilling or

other waste treatment method and

provide evidence that the applied

process will be carried out without

endangering human health

and in

an environmentally sound

manner;

(g) confirm that the company

adopted a ship recycling facility

plan, taking into account the

relevant IMO guidelines.

2a.

The Commission shall be

empowered to adopt

[…]

implementing

acts

to specify

information that it requires to

identify the ship recycling

facility. Those implementing acts

shall be adopted in accordance

with the examination procedure

referred to in Article 27.

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

8. By applying for inclusion

in the

European

List,

ship recycling

facilities

accept the possibility of

being subject to a site inspection

by the Commission

or agents

acting on its behalf

prior

or after

their inclusion in the European list

in order to

verify their compliance

with the requirements set out in

Article 12.

Amendment 87

Article 15 – paragraph 8

3. In order to be included

in the

By applying for inclusion in the

European

list,

ship recycling

European List, ship recycling

facilities

shall be audited by an

companies

accept the possibility

the ship recycling facility

international team of experts

nominated

by the Commission

concerned

being subject to

[…]

prior

their inclusion in the

site inspections by the Commission

European list

with a view to

or agents acting on its behalf prior

verifying

their compliance with the or after their inclusion in the

requirements set out in Article 12, European List in order to verify

[…]

compliance with the

and once every two years

requirements set out in Article 12.

thereafter. The ship recycling

facility shall also agree that it may

The Commission shall cooperate

be subject to additional

with the competent authorities of

unannounced site inspections by

the State where the ship

an international team. The

recycling facility is located in

international team of experts shall

order to carry out these site

cooperate with the competent

inspections.

authorities of the Member State or

the third country where the

facility is located in order to carry

out such site inspections.

Part of package on beaching and

inspections

Compromise text:

3. In order to be included in the

European List, compliance with

the requirements set out in

Article 12 of this Regulation of

ship recycling facilities located in

third countries shall be certified

by the an independent verifier

with appropriate qualifications.

The certification shall be

submitted to the Commission by

the ship recycling company when

applying for inclusion in the

European List and, each time

when the five year period for the

inclusion in the European List is

to be renewed, supplemented by

a mid-term review.

By applying for inclusion in the

European List, ship recycling

companies

accept the possibility

the ship recycling facility

concerned

being subject to

[…]

site inspections by the Commission

122

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

or agents acting on its behalf prior

or after their inclusion in the

European List in order to verify

[…]

compliance with the

requirements set out in Article 12.

The Commission or agents

acting on its behalf shall

cooperate with the competent

authorities of the State where the

facility is located in order to

carry out such site inspections.

Based on an assessment of the

information and supporting

evidence provided in accordance

with paragraph 2, the Commission

shall decide by means of an

implementing act whether to

include a ship recycling facility

located outside of the Union in the

European list. Those implementing

acts shall be adopted in accordance

with the examination procedure

referred to in Article 27.

Amendment 118

Article 15 – paragraph 9

Based on an assessment of the

[...]

information and supporting

evidence provided in accordance

with paragraph 2, the Commission

shall decide by means of an

implementing act whether to

include a ship recycling facility

located

in a Member State or

outside of the Union in the

European list. Those implementing

acts shall be adopted in accordance

with the examination procedure

referred to in Article 27.

Deleted, as covered in Council

text by addition to Art. 16(1)(b).

EP willing to withdraw AM as

part of overall package

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Stemming from Article 12(1)

subparagraph 3.

Council text provisionally agreed

Article 15 – paragraph 4 (new)

4. For the purposes of Article 12,

with regard to the waste

recovery or disposal operation

concerned, environmentally

sound management may be

assumed, where 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 protection

standards that are broadly

equivalent to relevant

international and EU standards.

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Covers amendment 91.

Council text provisionally agreed

Article 15 – paragraph 5 (new)

5. The ship recycling company

shall provide updated evidence

without delay in the event of any

changes to the information

provided to the Commission and

shall, in any event, three months

prior to expiry of each five year

period of inclusion on the

European List, declare that:

(a) the evidence that it has

provided is complete and up-to-

date;

(b) the ship recycling facility

continues and will continue to

comply with the requirements of

Article 12.

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

1. The Commission shall establish

deleted

by means of an implementing act

in accordance with the

examination procedure referred to

in Article 27 a European List of the

ship recycling facilities which:

(a) are located in the Union and

have been notified by the Member

States in accordance with Article

14(3);

(b) are located outside the Union

and whose inclusion has been

decided in accordance with Article

15(4).

Amendment 119

Article 16 – paragraph 1

1. The Commission shall

adopt

implementing acts

to establish

[…]

a European List of

[…]

ship

recycling facilities which:

Additional text in point b covers

Art. 15(9) of the Commission

proposal.

EP amendment not acceptable.

(a) are located in the Union and

have been notified by the Member

States in accordance with Article

14(3);

(b) are located outside the Union

and whose inclusion

decided

based on an assessment of the

information and supporting

evidence provided or gathered

accordance with Article 15.

Those implementing acts shall be

adopted in accordance with the

examination procedure referred

to in Article 27.

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

2. The European list shall be

published in the Official Journal of

the European Union and on the

website of the Commission at the

latest

thirty-six

months after the

day of entry into force of this

Regulation.

Amendment 88

Article 16 – paragraph 2

2. The European list shall be

2. The European List shall be

published in the Official Journal of published in the Official Journal of

the European Union and on the

website of the Commission at the

website of the Commission

latest

twenty-four

months after ...

without delay.

It shall be split into two sub-

lists, including EU/OECD, and

The European List shall include

non OECD ship recycling

the following information about

facilities, respectively.

the ship recycling facility:

________________

* OJ please insert the date of

(a) the method of recycling;

entry into force of this Regulation

(b) the type and size of ships that

can be recycled;

the ship recycling facility

operates, including as regards

hazardous waste management,

and

(d) details on the procedure

(explicit or tacit) through which

the ship recycling plan will be

approved.

Council text covers amendment

89 below.

Compromise text:

2. The European List shall be

published in the Official Journal of

the European Union and on the

website of the Commission at the

latest [thirty six months after the

date of entry into force of this

Regulation].

It shall be divided

into two sub-lists indicating EU

and non EU ship recycling

facilities.

The European List shall include

the following information about

the ship recycling facility:

(a) the method of recycling;

(b) the type and size of ships that

can be recycled;

under which the ship recycling

facility operates, including as

regards hazardous waste

management, and

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

(d) details on the procedure

(explicit or tacit) through which

the ship recycling plan will be

approved;

(da) the maximum annual ship

recycling output.

Change in (c) covers AM 76.

Amendment 89

Article 16 – paragraph 2 a (new)

2a. The European List shall

include the following information

about the ship recycling facility:

(a) the method of recycling;

(b) the type and size of ships that

are suitable for recycling; and

facility operates, including as

regards hazardous waste

management.

See amendment 88, covered by

new subparagraph of

paragraph 2.

EP provisionally agrees to

withdraw AM

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Amendment 90

Article 16 – paragraph 2 b (new)

2b. The European List shall

indicate the date of inclusion of

the ship recycling facility. An

inclusion shall be valid for a

maximum period of five years and

shall be renewable.

Compromise text provisionally

agreed:

2b. The European List shall

indicate the date of expiry of the

inclusion of the ship recycling

facility. An inclusion shall be

valid for a maximum period of

five years and shall be

renewable.

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

3. Once adopted, the Commission

shall update the European List

regularly by means of

implementing acts in accordance

with the examination procedure

referred to in Article 27:

Amendment 91

Article 16 – paragraph 2 c (new)

2c. In the event of any significant

changes to the information

provided to the Commission, ship

recycling facilities included in the

European list shall provide

updated evidence without delay.

In any event, three months prior

to the expiry of each five year

period of inclusion on the

European list, the ship recycling

company shall declare that

(a) the evidence that it has

provided is complete and up-to-

date;

(b) the ship recycling facility

continues and will continue to

comply with the requirements of

Article 12.

Article 16 – paragraph 3 – introductory part

[…]

The Commission shall

adopt implementing acts to

regularly

update the European List

[…]. Those implementing acts

shall be adopted

in accordance

with the examination procedure

referred to in Article 27:

Covered in Article 15 new

paragraph 5.

EP provisionally agrees to

withdraw AM

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

(a) to include a ship recycling

facility in the European list

in any

of the following cases:

(i) where it has been authorized in

accordance with Article 13;

(ii) where its inclusion in the

European list has been decided in

accordance with Article 15(4);

(2) where the ship recycling

facility

has been included in the

list for more than five years and

has not provided evidence that it

still complies with the

requirements set out in Article 12.

Amendment 92

Article 16 – paragraph 3 – point a

(a) to include a ship recycling

facility in the European list where

facility in the European List in any

its inclusion in the European list

of the following cases:

has been decided in accordance

(i) where it has been authorised in

with Article 15(4);

accordance with Article

14;

(ii) where its inclusion in the

European List

decided in

accordance with

paragraph 1(b);

Amendment 93

Article 16 – paragraph 3 – point b – point 2

(2) where the ship recycling

(ii) where the updated evidence

facility,

three months prior to the

is not provided three months

expiry of the five-year inclusion,

prior to expiry of the five year

has not provided evidence that it

period as set out in Article 15(5);

still complies with the

requirements set out in Article 12.

EP provisionally agrees to

withdraw AM.

EP amendment covered by

Council text.

Council text provisionally

agreed; it should read "…as set

out in paragraph 2b;" (see

AM 90)

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Amendment 94

Article 16 – paragraph 3 – point b – point 2 a (new)

(2a) where the ship recycling

[…]

facility is located in a State that

applies prohibitions or

discriminatory measures against

any ships flying the flag of a

Member State.

Presidency suggests, as a

compromise, to add a new

paragraph 3a in Article 16

reading as follows:

3a. In establishing and updating

the European List, the

Commission shall act in

accordance with the principles

enshrined in the Treaties and

with the international obligations

of the Union.

Furthermore see the new

compromise text of the

Presidency in new recital 5b.

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Language

The inventory certificate and the

ready for recycling certificate shall

be drawn up in an official language

of the issuing Member State and

where the language used is not

English, French or Spanish, they

shall be translated into one of those

languages

Article 17

Language

New first paragraph moved from

1. The ship recycling plan

Article 7(2)(b).

pursuant to Article 7 shall be

developed in a language accepted Council text provisionally agreed

by the State authorising the ship

recycling facility. Where the

language used is not English,

French or Spanish, the ship

recycling plan shall be translated

into one of these languages,

except where the administration

is satisfied that this is not

necessary.

The inventory certificate and the

ready for recycling certificate

issued pursuant to Article 10

shall be drawn up in an official

language of the issuing

administration. Where

the

language used is not English,

French or Spanish,

the text shall

include a translation into one of

these languages.

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Article 18

Designation of competent

authorities

and administrations

Member States shall designate

the competent authorities

and

administrations

responsible for

the

application

of this Regulation

and shall notify the Commission of

those designations.

2. Member States shall

immediately notify the

Commission of any changes in

this information.

3. The Commission shall publish

on its website lists of the

designated competent authorities

and administrations and shall

update these lists as appropriate.

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Designation of competent

authorities

Member States shall designate the

competent authorities responsible

for the implementation of this

Regulation and shall notify the

Commission of those designations.

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Article 19 – paragraph 3 (new)

3. Member States shall

immediately notify the

Commission of any changes in

this information.

Article 19 – paragraph 4 (new)

4. The Commission shall publish

on its website lists of the

designated contact persons and

shall update these lists as

appropriate.

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Commission proposal

EP amendments

Article 21

[...]

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Point a partly covered by Article 6

new paragraph -1(b);

point b reflected in Article 12 new

paragraph 2(b);

point c reflected in Article 12 new

paragraph 2(c);

See compromise text suggested

by the Presidency for

Art. 6(-1)(b)

Notification and reporting

requirements for shipowners

A shipowner shall:

(a) notify the administration in

writing at least 14 days before the

planned start of the recycling of

the intention to recycle a ship in

order to enable the administration

to prepare for the survey and

certification required by this

Regulation;

(b) transmit to the administration

the report of the planned start of

the ship recycling established by

the ship recycling facility as

required by Article 9(4)(b);

the report of the completion of the

ship recycling established by the

ship recycling facility as required

by Article 9(4)(f).

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

(a) notify the administration in

writing at least

14 days

before the

planned start of the recycling of

the intention to recycle a ship in

order to enable the administration

to prepare for the survey and

certification required by this

Regulation;

Amendment 95

Article 21 – point a

(a) notify the administration, in

[...]

writing at least

three months

before the planned start of the

recycling of the intention to

recycle a ship in order to enable

the administration to prepare for

the survey and certification

required by this Regulation;

shall simultaneously notify its

intention to recycle a ship to the

administration of the country

under whose jurisdiction it is at

that time;

Amendment 96

Article 21 - point b a (new)

(ba) transmit to the

administration a list of the States

through which the ship is

intended to transit on its voyage to

the ship recycling facility;

See compromise text suggested

by the Presidency for

Art. 6(-1)(b)

EP willing to withdraw AM as

part of package on sanctions,

including the insertion of a

recital (new rec. 7a) setting out

the reasons for the non insertion

of transit provisions

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

1. Each Member State shall send to

the Commission the report

containing the following

information:

Article 22 – paragraph 1 – introductory sentence

1. Each Member State shall send to

Council text provisionally agreed

the Commission the report

containing the following

[…]:

Article 22 – paragraph 1 – point a

(a) a list of the ships flying their

flag to which an

ready for

recycling

certificate has been

issued, and the name of the

ship

recycling company and the

location of the ship recycling

facility as shown in the ready for

recycling certificate;

Amendment 97

Article 22 – paragraph 1 – point c

recycling and follow-up actions

undertaken by the Member State,

undertaken by the Member State.

including details of the penalties

laid down pursuant to

Article 23.

(a) a list of the ships flying their

flag to which an inventory

certificate has been issued, and the

name of the recycling company

and the location of the ship

recycling facility as shown in the

ready for recycling certificate;

Council text provisionally agreed

recycling and follow-up actions

undertaken by the Member State.

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

2. Each Member State shall

transmit the report by 31

December 2015 and every

two

years

thereafter.

Amendment 98

Article 22 – paragraph 2

2. Each Member State shall

2. Each Member State shall,

transmit the report by 31

three-year intervals,

December 2015 and every

year

electronically

transmit the report

thereafter.

to the Commission within nine

months of the end of the

three-year period covered by it.

The first report shall cover the

period from the date of

application of this Regulation to

[the end of the first regular

three-year reporting period,

specified in Article 5 of Council

Directive 91/692/EEC

of 23 December 1991

standardizing and rationalizing

reports on the implementation of

certain Directives relating to the

environment, falling after the

starting date of the first

reporting period].

The Commission shall publish a

report on the application of this

Regulation within nine months

after receiving the reports from

the Member States.

Council text provisionally

agreed, maintaining the three-

year interval in line with

Directive 91/692/EC

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Covered by new wording of

paragraph 2 above.

Council text provisionally agreed

3. The reports shall be submitted to

the Commission electronically.

Article 22 – paragraph 3

[…]

Amendment 99

Article 22 – paragraph 3 a (new)

3a. The Commission shall enter

this information in an electronic

database that is permanently

accessible to the public.

EP provisionally agrees to

withdraw AM

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

1. Member States shall ensure that

effective, proportionate and

dissuasive penalties are applicable

to ships that:

Amendment 100

Article 23 - paragraph 1

1. Member States shall ensure that 1. Member States shall

determine

effective, proportionate and

penalties

[…]

applicable

for

dissuasive penalties are applicable

infringements to the provisions

and effectively applied to the

of this Regulation and shall take

owners of EU ships and non-EU

all measures necessary to ensure

ships that:

that they are implemented. The

penalties provided for must be

effective, proportionate and

dissuasive.

Package on sanctions, transit,

consequences of WSR exclusion

and access to justice

See compromise text in new

recital 11a on the link to

Directive 2008/99/EC on the

protection of the environment

through criminal law

(a) do not comply with the

prohibitions of certain hazardous

materials pursuant to Article 4

and Article 11b;

(b)

do not have on board

a valid

inventory of hazardous materials

pursuant to

Article 5 and

Article

11b;

recycling plan pursuant to Article

7 and Article 11b;

(d)

do not have on board

inventory of hazardous materials

required by

Articles 5 and

28;

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Commission proposal

(e) were sent for recycling without

complying with the general

requirements for the preparation

set out in Article 6;

(f) were sent for recycling without

an inventory certificate required

by Article 6;

(g) were sent for recycling without

a ready for recycling certificate

required by Article 6;

(h) were sent for recycling without

a notification to the

administration in writing as

required by Article 21;

(i) were recycled in a manner

which did not conform with the

ship recycling plan required by

Article 7.

deleted

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

deleted

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Amendment 101

Article 23 - paragraph 1 a (new)

1a. Member States shall ensure

that penalties pursuant to

Directive 2008/99/EC of the

European Parliament and of the

Council of 19 November 2008 on

the protection of the environment

through criminal law

are

applicable to the owners of EU

ships that:

(a) were sent for recycling without

complying with the general

requirements pursuant to Article

6 of this Regulation;

(b) were sent for recycling without

an inventory certificate pursuant

to Article 10(1) of this Regulation;

a contract pursuant to Article 9 of

this Regulation;

(d) were sent for recycling without

a notification to the

administration in writing

pursuant to Article 21 of this

Regulation;

(e) were recycled without approval

of the ship recycling plan by the

competent authority pursuant to

point (b) of Article 7(2) of this

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Regulation or in a manner which

did not comply with the ship

recycling plan pursuant to Article

7 of this Regulation.

___________________

OJ L 328, 6.12.2008, p. 28

Amendment 102

Article 23 - paragraph 2

The penalties shall be effective,

Without prejudice to the

[…]

proportionate and dissuasive.

application of Article 5 of

particular, where a ship is sent for

Directive 2008/99/EC, in

recycling in a ship recycling

particular, where a ship is sent for

facility which is not included in the recycling in a ship recycling

European list the applicable

facility which is not included in the

penalties shall, as a minimum,

European list the applicable

correspond to the price paid to the penalties shall, as a minimum,

shipowner for its ship.

correspond to the price paid to the

ship owner for its ship.

Sanctions package

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Amendment 103

Article 23 - paragraphs 5 and 6

5. Where a ship is sold and, within 5. Where a ship is sold and, within

[…]

less than

six

months after the

less than

twelve

months after the

selling, is sent for recycling in a

facility which is not included in the facility which is not included in the

European list, the penalties shall

be:

(a)

jointly

imposed

the last

and

(a) imposed

the last owner if

penultimate

owner if the ship is

the ship is still flying the flag of

still flying the flag of

an European

Member State;

(b)

only

imposed

the

(b) imposed

the

last

owner

who

penultimate

owner if

ship is

not was flying a flag of a Member

flying

anymore

the flag of

State in that one-year period

the

European

Member State.

ship is

no longer

flying the flag of

Member State.

6. Exemptions to the penalties

[…]

mentioned in paragraph 5 may be

mentioned in paragraph 5 may

introduced by Member States in

only

be introduced by Member

the case where the shipowner has

States in the case where the ship

not sold

its

ship with the intention owner has not sold

his

ship with

to have it recycled. In that case,

the intention to have it recycled. In

Member States shall

request

that case, Member States shall

evidence supporting the

require the ship owner to provide

shipowner's claim including a copy evidence supporting the ship

of the sales contract.

owner's claim, including a copy of

the sales contract

with

corresponding provisions, and

information about the business

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Commission proposal

EP amendments

model of the buyer.

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

7. Member States shall regularly

notify the Commission of their

national legislation relating to the

enforcement of this Regulation and

the applicable penalties.

Article 23 – paragraph 7

7. Member States shall

[…]

notify

the Commission of their national

legislation relating to the

enforcement of this Regulation and

the applicable penalties.

Sanctions package

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Sanctions package

Request for action

1. Natural or legal persons affected

or likely to be affected by a breach

of this Regulation or having a

sufficient interest in environmental

decision-making relating to the

breach of the Regulation, or,

alternatively, alleging the

impairment of a right, where

administrative procedural law of a

Member State requires this as a

precondition, shall be entitled to

submit to the contact persons of a

Member State any observations

relating to instances of breach of

this Regulation or an imminent

threat of such a breach of which

they are aware of and shall be

entitled to request the competent

authority to take action under this

Regulation

Article 24 – paragraph 1 and 2

[...]

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Commission proposal

The interest of any non-

governmental organisation

promoting environmental

protection and meeting any

requirements under national law

shall be deemed sufficient for the

purpose of having a sufficient

interest in environmental decision

making relating to the breach of

the Regulation. Such organisations

shall also be deemed to have rights

capable of being impaired for the

purpose of alleging the impairment

of a right, where administrative

procedural law of a Member State

requires this as a precondition.

2. The request for action shall be

accompanied by the relevant

information and data supporting

the observations submitted in

relation to the breach of the

Regulation in question.

EP amendments

[...]

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Amendment 104

Article 24 – paragraph 3

3. Where the request for action and 3. Where the request for action and

[...]

the accompanying observations

show in a plausible manner that a

breach of the Regulation exists, the breach of the Regulation exists, the

competent authority shall consider competent authority shall consider

any such observations and requests any such observations and requests

for action. In such circumstances,

the competent authority shall give

the recycling company an

the

ship owner and the

recycling

opportunity to make

its

views

company an opportunity to make

known with respect to the request

their

views known with respect to

for action and the accompanying

the request for action and the

observations.

accompanying observations.

Article 24 – paragraph 4

4. The competent authority shall,

[...]

without delay and in any case in

accordance with the relevant

provisions of national law, inform

the persons referred to in

paragraph 1, who submitted

observations to the authority, of its

decision to accede to or refuse the

request for action and shall provide

the reasons for it.

Sanctions package

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

5. Member States may decide not

to apply paragraphs 1 and 4 to

cases of imminent breach of this

Regulation.

Access to justice

1. Member States shall ensure that

the persons referred to in Article

24(1) shall have access to a court

or other independent and impartial

public body competent to review

the procedural and substantive

legality of the decisions, acts or

failure to act of the competent

authority under this Regulation.

2. This Regulation shall be without

prejudice to any provisions of

national law which regulate access

to justice and which require that

administrative review procedures

be exhausted prior to recourse to

judicial proceedings.

deleted

Amendment 105

Article 24 – paragraph 5

[...]

Identical

Article 25

[...]

Sanctions package

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

EP insists on delegated acts

concerning Annex I and IA (can

accept implementing acts for

Annexes II-VI)

Exercise of the delegation

1. The power to adopt delegated

acts is conferred on the

Commission subject to the

conditions laid down in this

Article.

Article 26 – paragraph 1

[...]

2. The power to adopt delegated

acts referred to in Articles 5, 9, 10

and 15 shall be conferred on the

Commission for

an indeterminate

period of time from the date of

entry into force of this

Regulation.

Amendment 106

Article 26 – paragraph 2

2. The power to adopt delegated

[…]

acts referred to in Articles 5, 9, 10

and 15 shall be conferred on the

Commission for

a period of five

years from ...*. The Commission

shall draw up a report in respect

of the delegation of power no later

than nine months before the end

of the five-year period. The

delegation of power shall be

tacitly extended for periods of an

identical duration, unless the

European Parliament or the

Council opposes such extension

no later than three months before

the end of each period.

____________________

* OJ: Please insert date of entry

into force of this Regulation

Issue of delegated acts

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Issue of delegated acts

3. The delegation of power

referred to in paragraph 2 may be

revoked at any time by the

European Parliament or by the

Council. A decision to revoke shall

put an end to the delegation of the

power specified in that decision. It

shall take effect the day following

the publication of the decision in

the Official Journal of the

European Union or at a late date

specified therein. It shall not affect

the validity of any delegated acts

already in force.

4. As soon as it adopts a delegated

act, the Commission shall notify it

simultaneously to the European

Parliament and to the Council.

5. A delegated act adopted

pursuant to paragraph 2 shall enter

into force only if no objection has

been expressed either by the

European Parliament or the

Council within a period of two

months of notification of that act to

the European Parliament and the

Council or if, before the expiry of

that period, the European

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[...]

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Commission proposal

Parliament and the Council have

both informed the Commission

that they will not object. That

period shall be extended by two

months at the initiative of the

European Parliament or of the

Council.

2. When reference is made to this

paragraph, Article 5 of Regulation

(EU) No 182/2011 shall apply.

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Article 27 – paragraph 2

2. When reference is made to this

paragraph, Article 5 of Regulation

(EU) No 182/2011 shall apply.

Where the committee delivers no

opinion, the Commission shall

not adopt the draft

implementing act and the third

subparagraph of Article 5(4) of

Regulation (EU) No 182/2011

shall apply.

Amendment 107

Article 28 – paragraph 1

[...]

1. An inventory of hazardous

materials shall be established for

all ships not later than five years

after the entry into force of this

Regulation.

deleted

Identical

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Commission proposal

EP amendments

Article 28

[...]

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Compromise text:

Member States may, prior to the

date of application of this

Regulation, authorise the

recycling of ships in ship

recycling facilities included in

the European List. In such

circumstances, Regulation (EC)

No 1013/2006 shall not apply.

Cf. cross reference in

Article 31a(2).

2. Member States may, prior to the

publication of the European list,

authorise the recycling of ships in

facilities located outside the Union

subject to the verification that the

ship recycling facility complies

with the requirements set out in

Article 12 based on the information

provided by the shipowner, the

ship recycling facilities or acquired

by other means.

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Amendment 108

Article 28 a (new)

Directive 2009/16/EC

Annex IV – point 45 (new)

Article 28a

Amendment to Directive

2009/16/EC on port State control

In Annex IV of Directive

2009/16/EC of the European

Parliament and of the Council of

23 April 2009 on port State

control

, the following point is

added:

'45. A certificate on the inventory

of hazardous materials pursuant

to Regulation (EU) No XX [insert

full title of this Regulation]*'

_____________________

OJ L 131, 28.5.2009, p. 57

* OJ L […], […], p. [..]'

Compromise text as part of the

overall package:

Article 28a

Amendment to Directive

2009/16/EC on port State control

In Annex IV of Directive

2009/16/EC of the European

Parliament and of the Council of

23 April 2009 on port State

control

, the following point is

added:

'45. A certificate on the

inventory of hazardous materials

or a statement of compliance as

applicable pursuant to

Regulation (EU) No XX [insert

full title of this Regulation]* '

_____________________

OJ L 131, 28.5.2009, p. 57

* OJ L […], […], p. [..]'

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

'(i) Ships

falling under the scope

Regulation (EU) No XX [insert

full title of this Regulation].

Amendment 109

Article 29 – paragraph 1

Regulation (EC) No 1013/2006

Article 1 – paragraph 3 – point i

'(i) Ships

that are delivered to a

[…]

Regulation (EC) No

1013/2006, the following point is

ship recycling facility on the

European list in accordance with

added

to Article 1(3):

Regulation (EU) No XX [insert

full title of this Regulation].

'(i) Ships

flying the flag of a

Member State

falling under the

scope of Regulation (EU) No XX

[insert full title of this

Regulation](*).

_______________

(*) OJ L […], […], p. [..]'

Linked to the issue of scope, see

new recital 7

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Amendment 110

Article 29 a (new)

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Article 29a

Transit

1. Member States shall ensure

that the relevant administration,

or another governmental

authority, notifies the competent

authority or authorities of transit

within 7 days of receipt of the

notification from the ship owner.

2. The competent authority or

authorities of transit shall have 60

days from the date of notification

referred to in paragraph 1 within

which to:

(a) consent to the transit of the

ship through its waters, with or

without conditions; or

(b) refuse to consent to transit of

the ship through its waters.

The Member State concerned

shall immediately inform the ship

owner of the decision of the

competent authority or authorities

of transit.

EP willing to withdraw AM as

part of a package on sanctions,

including the insertion of a

recital (see new recital 7a)

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Commission proposal

EP amendments

3. In the event that the consent

referred to in paragraph 2 is

refused, or is made subject to

conditions which are not

acceptable to the ship owner, the

ship owner may only dispatch the

ship for recycling via transit

States which have not objected.

4. In the absence of a reply within

the 60-day period referred to in

paragraph 2, the competent

authority of transit shall be

presumed to have refused its

consent.

5. Notwithstanding paragraph 4,

in accordance with Article 6(4) of

the Basel Convention, if at any

time a competent authority of

transit has decided not to require

prior written consent, either

generally or under specific

conditions, the competent

authority of transit shall be

presumed to have given its

consent if no response is received

by the Member State concerned

within 60 days of the transmission

of the notification to the

competent authority of transit.

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Amendment 111

Article 30 – paragraph 1

The Commission shall review this The Commission shall review this

The Commission shall review

Regulation not later than two years Regulation not later than two years this Regulation not later than

after the date of entry into force of after the date of entry into force of

months prior to

the date of entry

the Hong Kong Convention. This

into force of the Hong Kong

review shall consider the inclusion review shall consider

whether

the

Convention

and submit at the

of facilities authorized by the

inclusion of facilities authorized by

same time any appropriate

Parties to the Hong Kong

the Parties to the Hong Kong

legislative proposals to that

Convention in the European List of Convention in the European List of

effect.

This review shall consider

ship recycling facilities

in order to

ship recycling facilities

complies

the inclusion of

ship recycling

facilities authorised by the

[…]

avoid duplication of work and

with the requirements of this

administrative burden.

Regulation.

Convention in the European List

[…]

in order to avoid duplication

of work and administrative burden.

Article 30 – paragraph 2 (new)

2. The Commission shall keep

this Regulation under review

and, if appropriate, make timely

proposals to address

developments relating to the

Basel Convention, should it

prove necessary.

Compromise text provisionally

agreed:

The Commission shall review

this Regulation not later than

months prior to

the date of entry

into force of the Hong Kong

Convention

and submit, if

appropriate, at the same time

any legislative proposals.

This

review shall consider the inclusion

ship recycling

facilities

authorised by the

[…]

Convention

in the European List

[…].

Compromise text provisionally

agreed:

2. The Commission shall keep

this Regulation under review

and, if appropriate, make timely

proposals to address

developments relating to

international Conventions

including the Basel Convention,

should it prove necessary.

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Council text provisionally agreed

This Regulation shall enter into

force on the

365

day

after

its

publication in the Official Journal

of the European Union.

Article 30 – paragraph 3 (new)

3. Notwithstanding to paragraph

1, the Commission shall, by five

years after the date of

application of this Regulation,

submit a report to the European

Parliament and the Council on

the compliance with this

Regulation, accompanied, if

appropriate, by legislative

proposals to ensure that its

objectives are being met and its

impact is ensured and justified.

Amendment 112

Article 31 – subparagraph 1

This Regulation shall enter into

force on the

third

day

following

its force on the

twentieth

day

publication in the Official Journal

following that of

its publication in

of the European Union.

It shall

the Official Journal of the

European Union.

apply from ...*.

____________

* OJ please insert date one year

after entry into force of this

Regulation.

Package on date of application

and inventory

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Article 31a (new)

Application

1. This Regulation shall apply

from the earlier of the following

two dates, but not earlier than

[the date of entry into force of

this Regulation + two years]:

(a) 6 months after the date that

the combined maximum annual

ship recycling output of the ship

recycling facilities included in

the European List constitutes not

less than 2,5 million light

displacement tonnes (LDT). The

annual ship recycling output of a

ship recycling facility is

calculated as the sum of the

weight of ships expressed in LDT

that have been recycled in a

given year in that facility. The

maximum annual ship recycled

output is determined by selecting

the highest value occurring in

the preceding 10-year period for

each ship recycling facility, or, in

the case of a newly authorised

ship recycling facility, the

highest annual value achieved at

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Package on date of application

and inventory

Compromise text for

paragraph 2, linked to the

transitional period in Art. 28 (2)

see next page

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

that facility; or

(b) on the date of entry into force

of this Regulation + five years.

Compromise text:

2. By way of derogation from

paragraph 1, Articles 2, 12 to 16

and Article 27 shall apply as

from [12 months after the date of

entry into force of this

Regulation].

3. The Commission shall publish

in the Official Journal of the

European Union a notice

concerning the date of

application of this Regulation

when the conditions referred to

in paragraph 1(a) have been

fulfilled.

4. If a Member State has closed

its national ship register or,

during a three year period, has

had no ships registered under its

flag, and as long as no ship is

registered under its flag, that

Member State may derogate

from the provisions of this

Regulation, except for Articles 4,

5, 11a, 11b, 12, 14, 16(4), 18, 19,

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2. By way of derogation from

paragraph 1, Articles 2, 12 to 16

and Article 27 shall apply as

from [12 months after the date of

entry into force of this

Regulation] and Article 28 shall

apply as from [thirty six months

after the date of entry into force

of this Regulation].

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

This Regulation shall be binding in

its entirety and directly applicable

in all Member States.

20, 22 and 23. Where a Member

State intends to avail itself of this

derogation, it shall notify the

Commission at the latest on the

date of application of this

Regulation. Any subsequent

change shall also be notified to

the Commission.

Last final provision

This Regulation shall be binding in

its entirety and directly applicable

the

Member States

accordance with the Treaties.

Council text provisionally agreed

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Annex I

Modifications to Annex I:

- Annex I (table in Annex)

comprises the points 1 to 5 of the

Commission proposal and

additions thereto;

- points 6 to 15 of the Commission

proposal are included in the new

Annex IA, see below.

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

See table in the Annex on last

page of the document.

EP can agree to Council text of

Annex I and IA, but requests, as

part of an overall package,

delegated acts for these two

Annexes

LIST OF ITEMS FOR THE

INVENTORY OF HAZARDOUS

MATERIALS

1. Materials containing asbestos

2. Ozone-depleting: controlled

substances defined in Article 1(4)

of the Montreal Protocol on

Substances that Deplete the Ozone

Layer, listed in Annexes A, B, C or

E to that Protocol in force at the

time of application or

interpretation of this Annex.

Ozone-depleting substances that

may be found on board ship

include, but are not limited to:

- Halon 1211

Bromochlorodifluoromethane

- Halon 1301

Bromotrifluoromethane Halon

2402 1,2-Dibromo-1,1,2,2-

tetrafluoroethane (also known

as Halon 114B2)

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Commission proposal

- CFC-11

Trichlorofluoromethane CFC-

12 Dichlorodifluoromethane

CFC-113 1,1,2-Trichloro-1,2,2-

trifluoroethane

- CFC-114 1,2-Dichloro-

1,1,2,2-tetrafluoroethane CFC-

115 Chloropentafluoroethane

3. Materials containing

Polychlorinated biphenyls (PCB)

4. Anti-fouling compounds and

systems regulated under Annex I to

the International Convention on

the Control of Harmful Anti-

fouling Systems on Ships (AFS

Convention)

5. Materials containing

perfluorooctane sulfonic acid and

its derivatives (PFOS)

6. Cadmium and Cadmium

Compounds

7. Hexavalent Chromium and

Hexavalent Chromium

Compounds

8. Lead and Lead Compounds

9. Mercury and Mercury

Compounds

10. Polybrominated Biphenyl

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Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

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Commission proposal

(PBBs)

11. Polybrominated Diphenyl

Ethers (PBDEs)

12. Polychlorinated Naphthalenes

(more than 3 chlorine atoms)

13. Radioactive Substances

14. Certain Shortchain Chlorinated

Paraffins (Alkanes, C10-C13,

chloro)

15. Brominated Flame Retardant

(HBCDD)

EP amendments

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

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Commission proposal

EP amendments

Council position

Coreper-2 May 2013

Annex IA (new)

LIST OF ITEMS FOR THE

INVENTORY OF HAZARDOUS

MATERIALS

1. Any hazardous materials

listed in Annex I

Cadmium and Cadmium

Compounds

Hexavalent Chromium and

Hexavalent Chromium Compounds

Lead and Lead Compounds

Mercury and Mercury

Compounds

Polybrominated Biphenyl

(PBBs)

Polybrominated Diphenyl Ethers

(PBDEs)

Polychlorinated Naphthalenes

(more than 3 chlorine atoms)

Radioactive Substances

10.

Certain Shortchain Chlorinated

Paraffins (Alkanes, C10-C13,

chloro)

11.

Brominated Flame Retardant

(HBCDD)

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

EP can agree to Council text of

Annex I and IA, but requests, as

part of an overall package,

delegated acts for these two

Annexes

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Commission proposal

EP amendments

Annexes II-VI

[...]

Council position

Coreper-2 May 2013

Outcome of meetings with EP/

Presidency compromise

proposals/Comments

Deletion of Annexes II to VI

As part of an overall package the

EP can agree to the deletion of

these Annexes and the

establishments of relevant forms

through implementing acts

Amendment 113

Annex IV – subtitle 5 a (new)

UNANNOUNCED SURVEY

CERTIFICATE

At an unannounced survey in

accordance with Article 8 of the

Regulation, the ship was found to

comply with the relevant

provisions of the Regulation.

Signed:.....................................

(Signature of duly authorized

official)

Place:

........................................................

..........................................

Date

(dd/mm/yyyy):.................................

..................................

(Seal or stamp of the authority, as

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Linked to AM 87

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ANNEX

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Annex to the ANNEX

ANNEX I

CONTROLS

OF HAZARDOUS MATERIALS

Hazardous Material

Asbestos

Definitions

Materials containing asbestos

Control measures

For all ships, new

installation of materials

which contain asbestos

shall be prohibited.

New installations which

contain ozone-depleting

substances shall be

prohibited on all ships.

Ozone-depleting

substances

Polychlorinated biphenyls (PCB)

Controlled substances defined

in Article 1(4) of the Montreal

Protocol on Substances that

Deplete the Ozone Layer,

1987,

listed in Annexes A,B,C

or E to

the said

Protocol in

force at the time of application

or interpretation of this Annex.

Ozone-depleting substances

that may be found on board

ships include, but are not

limited to:

Halon 1211

Bromochlorodifluoromethane

Halon 1301

Bromotrifluoromethane

Halon 2402 1,2-Dibromo-

1,1,2,2-tetrafluoroethane (also

known as Halon 114B2)

CFC-11

Trichlorofluoromethane

CFC-12

Dichlorodifluoromethane

CFC-113 1,1,2-Trichloro-

1,2,2-

trifluoroethane

CFC-114 1,2-Dichloro-1,1,2,2-

tetrafluoroethane

CFC-115

Chloropentafluoroethane

HCFC-22

Chlorodifluoromethane

“Polychlorinated biphenyls”

means aromatic compounds

formed in such a manner that

the hydrogen atoms on the

biphenyl molecule (two

benzene rings bonded together

by a single carbon-carbon

bond) may be replaced by up

to ten chlorine atoms

For all ships, new

installation of materials

which contain

Polychlorinated

biphenyls shall be

prohibited.

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MOF, Alm.del - 2016-17 - Endeligt svar på spørgsmål 347: Spm. om en redegørelse for forhandlingerne omkring skibsophugningsforordningen og mandatet fra 2013, til miljø- og fødevareministeren

Perfluorooctane sulfonic acid (PFOS)

“perfluorooctane sulfonic

acid” (PFOS) means

perfluorooctane sulfonic acid

and its derivatives

Anti-fouling compounds and systems

Anti-fouling compounds and

systems regulated under

Annex I to the International

Convention on the Control of

Harmful Anti-fouling Systems

on Ships,

2001

(AFS

Convention)

in force at the

time of application or

interpretation of this Annex.

New installations which

contain perfluorooctane

sulfonic acid (PFOS)

and its derivatives shall

be prohibited in

accordance with

Regulation (EC)

No 850/2004

1. No ship may apply

anti-fouling systems

containing organotin

compounds as a

biocide or any other

anti-fouling system

whose application or

use is prohibited by

the AFS Convention.

No new ship or new

installations on ships

shall apply or

employ anti-fouling

compounds or

systems in a manner

inconsistent with the

AFS Convention.

Not applicable for ships flying the flag of a third country.

Regulation (EC) No 850/2004 of the European Parliament and of the Council on persistent organic

pollutants, OJ L 158, 30.4.2004, p. 7.

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