# C_2016045EN.01018801.xml

| 5.2.2016 | EN | Official Journal of the European Union | C 45/188 |
| --- | --- | --- | --- |

5.2.2016

EN

Official Journal of the European Union

C 45/188

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P7_TA(2013)0182

Ship recycling ***I

Amendments adopted by the European Parliament on 18 April 2013 on the proposal for a regulation of the European Parliament and of the Council on ship recycling (COM(2012)0118 — C7-0082/2012 — 2012/0055(COD)) (1)

1

(Ordinary legislative procedure: first reading)

(2016/C 045/38)

Amendment 1

Amendment 1

Proposal for a regulation

Proposal for a regulation

Title

Title

| Text proposed by the Commission | Amendment |
| --- | --- |
| REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL | REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL |
| on
  ship
  recycling | on
  the environmentally sound
  recycling
  and treatment of ships and amending Directive 2009/16/EC and Regulation (EC) No 1013/2006 |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on
  ship
  recycling

ship

on
  the environmentally sound
  recycling
  and treatment of ships and amending Directive 2009/16/EC and Regulation (EC) No 1013/2006

the environmentally sound

and treatment of ships and amending Directive 2009/16/EC and Regulation (EC) No 1013/2006

Amendment 2

Amendment 2

Proposal for a regulation

Proposal for a regulation

Recital 1 a (new)

Recital 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(1a)

(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.

The predominant method of dismantling ships through the so-called ‘beaching’ method does not and cannot represent

and sound recycling and should therefore no longer be tolerated.

Amendment 3

Amendment 3

Proposal for a regulation

Proposal for a regulation

Recital 3

Recital 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(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.

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.

| (3) | Current ship recycling capacity in OECD countries, which is legally accessible to ships
  that constitute hazardous waste for export, is not sufficiently exploited. There is a controversy about the accessibility and capacity of ship recycling facilities in the United States. Irrespective of the situation in the United States in that regard, there is significant potential capacity in certain Member States and OECD countries, which could nearly 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. |
| --- | --- |

(3)

Current ship recycling capacity in OECD countries, which is legally accessible to ships
  that constitute hazardous waste for export, is not sufficiently exploited. There is a controversy about the accessibility and capacity of ship recycling facilities in the United States. Irrespective of the situation in the United States in that regard, there is significant potential capacity in certain Member States and OECD countries, which could nearly 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.

that constitute hazardous waste for export, is not sufficiently exploited. There is a controversy about the accessibility and capacity of ship recycling facilities in the United States. Irrespective of the situation in the United States in that regard, there is significant potential capacity in certain Member States and OECD countries, which could nearly 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.

Amendment 4

Amendment 4

Proposal for a regulation

Proposal for a regulation

Recital 3 a (new)

Recital 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(3a)

(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.

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.

Amendment 5

Amendment 5

Proposal for a regulation

Proposal for a regulation

Recital 3 b (new)

Recital 3 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (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 recycling levy as well as the financial guarantee should be fair, non-discriminatory and transparent. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(3b)

(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 recycling levy as well as the financial guarantee should be fair, non-discriminatory and transparent.

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 recycling levy as well as the financial guarantee should be fair, non-discriminatory and transparent.

Amendment 6

Amendment 6

Proposal for a regulation

Proposal for a regulation

Recital 4

Recital 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(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 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.

at the request of the Parties to the Basel Convention.

less

The Member States should ratify the Convention at the earliest opportunity in order to hasten its entry into force.

design, construction, operation and preparation of ships

in a safe and environmentally sound manner,

the establishment of an appropriate

| (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 (IMO). 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
  least
  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 Convention covers the
  use of hazardous materials in ships
  so as to facilitate safe and environmentally sound recycling without compromising ship safety and operational efficiency; it also covers,
  through guidelines,
  the 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. |
| --- | --- |

(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 (IMO). 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
  least
  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 Convention covers the
  use of hazardous materials in ships
  so as to facilitate safe and environmentally sound recycling without compromising ship safety and operational efficiency; it also covers,
  through guidelines,
  the 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.

least

use of hazardous materials in ships

through guidelines,

includes an

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.

Amendment 7

Amendment 7

Proposal for a regulation

Proposal for a regulation

Recital 5

Recital 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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. The establishment of a European list of ship recycling facilities fulfilling 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(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. The establishment of a European list of ship recycling facilities fulfilling 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.

would

| (5) | The Hong Kong Convention provides explicitly for its Parties to
  be able 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. The establishment of a European list of ship recycling facilities fulfilling the requirements set out in this Regulation
  should
  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,
  but should go beyond them so as to achieve a level of protection of human health and the environment that is broadly equivalent to that of the Union. This should also contribute to increasing the competitiveness of the environmentally safe and sound recycling and treatment of ships in Union facilities. |
| --- | --- |

(5)

The Hong Kong Convention provides explicitly for its Parties to
  be able 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. The establishment of a European list of ship recycling facilities fulfilling the requirements set out in this Regulation
  should
  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,
  but should go beyond them so as to achieve a level of protection of human health and the environment that is broadly equivalent to that of the Union. This should also contribute to increasing the competitiveness of the environmentally safe and sound recycling and treatment of ships in Union facilities.

be able to

should

but should go beyond them so as to achieve a level of protection of human health and the environment that is broadly equivalent to that of the Union. This should also contribute to increasing the competitiveness of the environmentally safe and sound recycling and treatment of ships in Union facilities.

Amendment 8

Amendment 8

Proposal for a regulation

Proposal for a regulation

Recital 7

Recital 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| (7) | The ships not covered by the
  scopes
  of the Hong Kong Convention
  and this Regulation
  should continue to be recycled in accordance with the requirements of Regulation (EC) No 1013/2006 and of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives respectively, |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(7)

The ships not covered by the
  scopes
  of the Hong Kong Convention
  and this Regulation
  should continue to be recycled in accordance with the requirements of Regulation (EC) No 1013/2006 and of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives respectively,

scopes

and this Regulation

| (7) | Ships not covered by the
  scope
  of the Hong Kong Convention,
  ships that are not able to travel by their own means, unless they have a valid contract for full repair, and ships that do not comply with the applicable provisions under Union and international law with regard to safety when they become waste in the territory under the jurisdiction of a Member State
  , should continue to be recycled in accordance with the requirements of Regulation (EC) No 1013/2006 and of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives respectively. |
| --- | --- |

(7)

Ships not covered by the
  scope
  of the Hong Kong Convention,
  ships that are not able to travel by their own means, unless they have a valid contract for full repair, and ships that do not comply with the applicable provisions under Union and international law with regard to safety when they become waste in the territory under the jurisdiction of a Member State
  , should continue to be recycled in accordance with the requirements of Regulation (EC) No 1013/2006 and of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives respectively.

scope

ships that are not able to travel by their own means, unless they have a valid contract for full repair, and ships that do not comply with the applicable provisions under Union and international law with regard to safety when they become waste in the territory under the jurisdiction of a Member State

Amendment 9

Amendment 9

Proposal for a regulation

Proposal for a regulation

Recital 8

Recital 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(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.

respective scopes

the duplication of regulatory instruments that have the same objective.

| (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. |
| --- | --- |

(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.

scope respectively

applying different legal requirements in the same situation.

Amendment 10

Amendment 10

Proposal for a regulation

Proposal for a regulation

Recital 8 a (new)

Recital 8 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (8a) | The application of this Regulation should respect the rights of transit countries under international law. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(8a)

(8a)

The application of this Regulation should respect the rights of transit countries under international law.

The application of this Regulation should respect the rights of transit countries under international law.

Amendment 11

Amendment 11

Proposal for a regulation

Proposal for a regulation

Recital 9 a (new)

Recital 9 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (9a) | Member States should arrange for a swift ratification of the Hong Kong Convention with the aim of improving ship recycling practices and conditions. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(9a)

(9a)

Member States should arrange for a swift ratification of the Hong Kong Convention with the aim of improving ship recycling practices and conditions.

Member States should arrange for a swift ratification of the Hong Kong Convention with the aim of improving ship recycling practices and conditions.

Amendment 12

Amendment 12

Proposal for a regulation

Proposal for a regulation

Recital 11

Recital 11

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(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.

| (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
  criminal,
  civil or administrative nature, should be effective, proportionate and dissuasive. |
| --- | --- |

(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
  criminal,
  civil or administrative nature, should be effective, proportionate and dissuasive.

criminal,

Amendment 13

Amendment 13

Proposal for a regulation

Proposal for a regulation

Recital 14

Recital 14

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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, |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(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,

operation and maintenance

flying the flag of a Member State

| (14) | Since the objective to prevent, reduce or eliminate adverse effects on human health and the environment caused by the recycling
  and treatment
  of
  EU
  ships cannot
  always
  be sufficiently achieved by the Member States
  alone
  due to the international character of shipping and ship recycling, and can therefore
  in some cases
  be better achieved at Union level
  although the ratification of Hong Kong Convention would transfer the Union competence for regulating ship recycling issues back to EU Member States
  , 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, |
| --- | --- |

(14)

Since the objective to prevent, reduce or eliminate adverse effects on human health and the environment caused by the recycling
  and treatment
  of
  EU
  ships cannot
  always
  be sufficiently achieved by the Member States
  alone
  due to the international character of shipping and ship recycling, and can therefore
  in some cases
  be better achieved at Union level
  although the ratification of Hong Kong Convention would transfer the Union competence for regulating ship recycling issues back to EU Member States
  , 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,

and treatment

EU

always

alone

in some cases

although the ratification of Hong Kong Convention would transfer the Union competence for regulating ship recycling issues back to EU Member States

Amendment 14

Amendment 14

Proposal for a regulation

Proposal for a regulation

Article 1

Article 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The purpose of this Regulation is 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
  . | The purpose of this Regulation is to prevent, reduce
  to a minimum and, to the extent possible,
  eliminate
  accidents, injuries and other
  adverse effects on human health and the environment caused by the recycling
  and treatment
  of
  EU
  ships,
  inter alia by recycling them in EU listed facilities located in the Union or outside the Union
  ,
  and to improve the conditions for the recycling of non-EU ships. |
| | 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 work place and environmental standards. |
| | This Regulation aims also at facilitating ratification of the Hong Kong Convention. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The purpose of this Regulation is 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
  .

or

operation and maintenance

flying the flag of a Member State

The purpose of this Regulation is to prevent, reduce
  to a minimum and, to the extent possible,
  eliminate
  accidents, injuries and other
  adverse effects on human health and the environment caused by the recycling
  and treatment
  of
  EU
  ships,
  inter alia by recycling them in EU listed facilities located in the Union or outside the Union
  ,
  and to improve the conditions for the recycling of non-EU ships.

to a minimum and, to the extent possible,

accidents, injuries and other

and treatment

EU

inter alia by recycling them in EU listed facilities located in the Union or outside the Union

and to improve the conditions for the recycling of non-EU ships.

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 work place and environmental standards.

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 work place and environmental standards.

This Regulation aims also at facilitating ratification of the Hong Kong Convention.

This Regulation aims also at facilitating ratification of the Hong Kong Convention.

Amendment 15

Amendment 15

Proposal for a regulation

Proposal for a regulation

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

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

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (1a) | ‘EU Ship’ means a ship flying the flag of a Member State or operating under its authority; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(1a)

(1a)

‘EU Ship’ means a ship flying the flag of a Member State or operating under its authority;

‘EU Ship’ means a ship flying the flag of a Member State or operating under its authority;

Amendment 16

Amendment 16

Proposal for a regulation

Proposal for a regulation

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

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

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (1b)‘ | non-EU Ship’ means a ship flying the flag of a third country; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(1b)‘

(1b)‘

non-EU Ship’ means a ship flying the flag of a third country;

non-EU Ship’ means a ship flying the flag of a third country;

Amendment 17

Amendment 17

Proposal for a regulation

Proposal for a regulation

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

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

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (3a) | ‘waste’ means waste as defined in Article 3(1) of Directive 2008/98/EC; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(3a)

(3a)

‘waste’ means waste as defined in Article 3(1) of Directive 2008/98/EC;

‘waste’ means waste as defined in Article 3(1) of Directive 2008/98/EC;

Amendment 18

Amendment 18

Proposal for a regulation

Proposal for a regulation

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

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

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (3b) | ‘hazardous waste’ means hazardous waste as defined in Article 3(2) of Directive 2008/98/EC; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(3b)

(3b)

‘hazardous waste’ means hazardous waste as defined in Article 3(2) of Directive 2008/98/EC;

‘hazardous waste’ means hazardous waste as defined in Article 3(2) of Directive 2008/98/EC;

Amendment 19

Amendment 19

Proposal for a regulation

Proposal for a regulation

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

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

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (3c) | ‘treatment’ means treatment as defined in Article 3(14) of Directive 2008/98/EC; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(3c)

(3c)

‘treatment’ means treatment as defined in Article 3(14) of Directive 2008/98/EC;

‘treatment’ means treatment as defined in Article 3(14) of Directive 2008/98/EC;

Amendment 20

Amendment 20

Proposal for a regulation

Proposal for a regulation

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

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

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (3d) | ‘environmentally sound management’ means environmentally sound management as defined in Article 2(8) of Regulation (EC) No 1013/2006; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(3d)

(3d)

‘environmentally sound management’ means environmentally sound management as defined in Article 2(8) of Regulation (EC) No 1013/2006;

‘environmentally sound management’ means environmentally sound management as defined in Article 2(8) of Regulation (EC) No 1013/2006;

Amendment 21

Amendment 21

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 5

Article 2 — paragraph 1 — point 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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
  in separate facilities; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(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
  in separate facilities;

processing or disposal

| (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
  treatment
  in separate facilities;
  the meaning of the term ‘recycling’ in the context of this Regulation is therefore different from the definition given in Article 3(17) of Directive 2008/98/EC; |
| --- | --- |

(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
  treatment
  in separate facilities;
  the meaning of the term ‘recycling’ in the context of this Regulation is therefore different from the definition given in Article 3(17) of Directive 2008/98/EC;

treatment

the meaning of the term ‘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

Amendment 22

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 6

Article 2 — paragraph 1 — point 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(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;

site,

| (6) | ‘ship recycling facility’ means a defined area that is a
  built
  yard or facility located in a Member State or in a third country and used for the recycling of ships; |
| --- | --- |

(6)

‘ship recycling facility’ means a defined area that is a
  built
  yard or facility located in a Member State or in a third country and used for the recycling of ships;

built

Amendment 23

Amendment 23

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 7

Article 2 — paragraph 1 — point 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| 7. | ‘recycling company’ means, the owner of the ship recycling facility or any other organisation or person who has assumed the responsibility for the operation of ship recycling from the owner of the ship recycling facility; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7.

‘recycling company’ means, the owner of the ship recycling facility or any other organisation or person who has assumed the responsibility for the operation of ship recycling from the owner of the ship recycling facility;

| (7) | ‘
  ship
  recycling company’ means, the owner of the ship recycling facility or any other organisation or person who has assumed the responsibility for the operation of ship recycling from the owner of the ship recycling facility; |
| --- | --- |

(7)

‘
  ship
  recycling company’ means, the owner of the ship recycling facility or any other organisation or person who has assumed the responsibility for the operation of ship recycling from the owner of the ship recycling facility;

ship

Amendment 24

Amendment 24

Proposal for a regulation

Proposal for a regulation

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

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

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (9a) | ‘
  transit
  ’
  means the 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(9a)

(9a)

‘
  transit
  ’
  means the 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.

transit

means the 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.

Amendment 25

Amendment 25

Proposal for a regulation

Proposal for a regulation

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

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

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (20a) | ‘
  abandoned ship
  ’
  means a ship which has been left unattended and derelict in an Union port by its last recorded owner |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(20a)

(20a)

‘
  abandoned ship
  ’
  means a ship which has been left unattended and derelict in an Union port by its last recorded owner

abandoned ship

means a ship which has been left unattended and derelict in an Union port by its last recorded owner

Amendment 26

Amendment 26

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 1

Article 3 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   This Regulation shall apply to ships
  entitled to fly the flag of a Member State or operating under its authority. | 1.   This Regulation shall apply to
  EU
  ships. |
| | Article 5a, Article, 5b, Article 11b and Article 23(1) and Article 29(1) of this Regulation shall also apply to non-EU ships calling at a port or anchorage of a Member State to engage in a ship/port interface. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   This Regulation shall apply to ships
  entitled to fly the flag of a Member State or operating under its authority.

entitled to fly the flag of a Member State or operating under its authority.

1.   This Regulation shall apply to
  EU
  ships.

EU

Article 5a, Article, 5b, Article 11b and Article 23(1) and Article 29(1) of this Regulation shall also apply to non-EU ships calling at a port or anchorage of a Member State to engage in a ship/port interface.

Article 5a, Article, 5b, Article 11b and Article 23(1) and Article 29(1) of this Regulation shall also apply to non-EU ships calling at a port or anchorage of a Member State to engage in a ship/port interface.

Amendment 27

Amendment 27

Proposal for a regulation

Proposal for a regulation

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

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

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (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; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ca)

(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;

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. |
| --- | --- |

(cb)

(cb)

ships that do not comply with the applicable provisions under Union and international law with regard to safety.

ships that do not comply with the applicable provisions under Union and international law with regard to safety.

Amendment 28

Amendment 28

Proposal for a regulation

Proposal for a regulation

Article 4 — title

Article 4 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Control of hazardous materials | Control of
  prohibited or restricted
  hazardous materials |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Control of hazardous materials

Control of
  prohibited or restricted
  hazardous materials

prohibited or restricted

Amendment 29

Amendment 29

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 3 a (new)

Article 4 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

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.

Amendment 30

Amendment 30

Proposal for a regulation

Proposal for a regulation

Article 5

Article 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| Inventory of hazardous materials | Inventory of hazardous materials |
| 1.   
  An
  inventory of hazardous materials shall be kept on board
  of
  each new ship. | 1.   
  Member States shall ensure that an
  inventory of hazardous materials shall be
  established and
  kept
  available
  on board each new
  EU
  ship. |
| 2.   
  An
  inventory of hazardous materials shall be established before a ship goes for recycling and kept on board. | 2.   
  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
  on board. |
| | 2a.
     
  The following timelines shall apply for the establishment of an inventory: |
| | — | for ships more than 25 years old on ...

   (2)

  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Inventory of hazardous materials

Inventory of hazardous materials

1.   
  An
  inventory of hazardous materials shall be kept on board
  of
  each new ship.

An

of

1.   
  Member States shall ensure that an
  inventory of hazardous materials shall be
  established and
  kept
  available
  on board each new
  EU
  ship.

Member States shall ensure that an

established and

available

EU

2.   
  An
  inventory of hazardous materials shall be established before a ship goes for recycling and kept on board.

An

2.   
  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
  on board.

Member States shall ensure that for existing EU ships, an

in accordance with the timelines indicated in paragraph 2a, or

whatever the earlier,

available

2a.
     
  The following timelines shall apply for the establishment of an inventory:

2a.

The following timelines shall apply for the establishment of an inventory:

—

for ships more than 25 years old on ...

   (2)

  ;

for ships more than 25 years old on ...

2

;

| — | for ships more than 20 years old on...

   (3)

  ; |
| --- | --- |

—

for ships more than 20 years old on...

   (3)

  ;

for ships more than 20 years old on...

3

;

| — | for ships more than 15 years old on ...

   (4)

  ; |
| --- | --- |

—

for ships more than 15 years old on ...

   (4)

  ;

for ships more than 15 years old on ...

4

;

| — | for ships less than 15 years old on ...

   (5)

  . |
| --- | --- |

—

for ships less than 15 years old on ...

   (5)

  .

for ships less than 15 years old on ...

5

.

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.

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:

4.   The inventory of hazardous materials shall:

| (a) | be specific to each ship; |
| --- | --- |

(a)

be specific to each ship;

| (a) | be specific to each ship; |
| --- | --- |

(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; |
| --- | --- |

(b)

provide evidence that the ship complies with the prohibition or restrictions on installing or using hazardous materials in accordance with Article 4;

| (b) | provide evidence that the ship complies with the prohibition or restrictions on installing or using hazardous materials in accordance with Article 4; |
| --- | --- |

(b)

provide evidence that the ship complies with the prohibition or restrictions on installing or using hazardous materials in accordance with Article 4;

| (c) | identify, at least, the hazardous materials referred to in Annex I and contained in the structure or equipment of the ship, their location and
  approximate
  quantities. |
| --- | --- |

(c)

identify, at least, the hazardous materials referred to in Annex I and contained in the structure or equipment of the ship, their location and
  approximate
  quantities.

approximate

| (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; |
| --- | --- |

(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;

for new ships,

precise

| (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; |
| --- | --- |

(ca)

(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;

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;

| (cb) | take into account the guidelines developed by the IMO. |
| --- | --- |

(cb)

(cb)

take into account the guidelines developed by the IMO.

take into account the guidelines developed by the IMO.

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.

is

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.

has been

6.   The inventory of hazardous materials shall consist of three parts:

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); |
| --- | --- |

(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);

approximate

| (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)
  in accordance with point (c) of paragraph 4
  ; |
| --- | --- |

(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)
  in accordance with point (c) of paragraph 4
  ;

in accordance with point (c) of paragraph 4

| (b) | a list of the waste present on board the ship, including waste generated during the operation of the ship (Part II); |
| --- | --- |

(b)

a list of the waste present on board the ship, including waste generated during the operation of the ship (Part II);

| (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); |
| --- | --- |

(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);

(both hazardous and non-hazardous)

, and its approximate quantities

| (c) | a list of the stores present on board the ship once the decision to recycle it has been taken (Part III). |
| --- | --- |

(c)

a list of the stores present on board the ship once the decision to recycle it has been taken (Part III).

| (c) | a list of the stores present on board the ship once the decision to recycle it has been taken (Part III). |
| --- | --- |

(c)

a list of the stores present on 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.

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.

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.

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
  to 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 on the use or installation of hazardous materials
  .

to 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 on the use or installation of hazardous materials

Amendment 120

Amendment 120

Proposal for a regulation

Proposal for a regulation

Article 5 a (new)

Article 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 5a |
| | Incentive-based system |
| | 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 5a

Article 5a

Incentive-based system

Incentive-based system

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.

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

Amendment 33

Proposal for a regulation

Proposal for a regulation

Article 6 — title

Article 6 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Preparation for recycling: general
  requirements | General
  requirements
  for ship owners |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Preparation for recycling: general
  requirements

Preparation for recycling: general

General
  requirements
  for ship owners

General

for ship owners

Amendment 34

Amendment 34

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 1 — point a

Article 6 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(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;

located

country member

| (a) | prior to publication of the 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; |
| --- | --- |

(a)

prior to publication of the 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;

duly authorised by the competent authorities

member country

Amendment 35

Amendment 35

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 1

Article 7 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   A ship-specific ship recycling plan shall be developed prior to any recycling of a ship. | 1.   A ship-specific ship recycling plan shall be developed
  for any EU ship more than 20 years old
  or prior to any recycling of a ship,
  whatever the earlier, no later than ...

   (6) |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   A ship-specific ship recycling plan shall be developed prior to any recycling of a ship.

1.   A ship-specific ship recycling plan shall be developed
  for any EU ship more than 20 years old
  or prior to any recycling of a ship,
  whatever the earlier, no later than ...

   (6)

for any EU ship more than 20 years old

whatever the earlier, no later than ...

6

Amendment 36

Amendment 36

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 2 — point a

Article 7 — paragraph 2 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | be developed by
  the
  ship recycling facility taking into account information provided by the shipowner in accordance with point (b) of Article 9(3); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

be developed by
  the
  ship recycling facility taking into account information provided by the shipowner in accordance with point (b) of Article 9(3);

the

| (a) | prior to publication of the European List,
  be developed by
  a
  ship recycling facility
  that is located in the Union or in a member country of the OECD,
  taking into account information provided by the ship owner in accordance with point (b) of Article 9(3); |
| --- | --- |

(a)

prior to publication of the European List,
  be developed by
  a
  ship recycling facility
  that is located in the Union or in a member country of the OECD,
  taking into account information provided by the ship owner in accordance with point (b) of Article 9(3);

prior to publication of the European List,

a

that is located in the Union or in a member country of the OECD,

Amendment 37

Amendment 37

Proposal for a regulation

Proposal for a regulation

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

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

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (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); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(aa)

(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);

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);

Amendment 38

Amendment 38

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 2 — point d

Article 7 — paragraph 2 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | include information on the type and amount of hazardous materials and waste generated by the recycling of the specific ship, including those materials identified in the inventory of hazardous materials, and on how these hazardous materials and waste will be
  managed
  in the facility as well as in subsequent waste
  management
  facilities; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

include information on the type and amount of hazardous materials and waste generated by the recycling of the specific ship, including those materials identified in the inventory of hazardous materials, and on how these hazardous materials and waste will be
  managed
  in the facility as well as in subsequent waste
  management
  facilities;

these

managed

management

| (d) | include information on the type and amount of hazardous materials and of waste generated by the recycling of the specific ship, including those materials
  and the waste
  identified in the inventory of hazardous materials, and on how those hazardous materials and
  that
  waste will be
  treated
  in the facility as well as in subsequent waste
  treatment
  facilities; |
| --- | --- |

(d)

include information on the type and amount of hazardous materials and of waste generated by the recycling of the specific ship, including those materials
  and the waste
  identified in the inventory of hazardous materials, and on how those hazardous materials and
  that
  waste will be
  treated
  in the facility as well as in subsequent waste
  treatment
  facilities;

and the waste

those

that

treated

treatment

Amendment 39

Amendment 39

Proposal for a regulation

Proposal for a regulation

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

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

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ea) | be updated within six months of a renewal survey or an additional survey. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ea)

(ea)

be updated within six months of a renewal survey or an additional survey.

be updated within six months of a renewal survey or an additional survey.

Amendment 40

Amendment 40

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 2 a (new)

Article 7 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

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.

Amendment 42

Amendment 42

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 1

Article 8 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Surveys shall be carried
  by
  out by officers of the
  administration
  or of a recognised organisation acting on behalf of the administration. | 1.   Surveys shall be carried out by officers of the
  national competent authorities
  or of a recognised organisation acting on behalf of the administration. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Surveys shall be carried
  by
  out by officers of the
  administration
  or of a recognised organisation acting on behalf of the administration.

by

administration

1.   Surveys shall be carried out by officers of the
  national competent authorities
  or of a recognised organisation acting on behalf of the administration.

national competent authorities

Amendment 43

Amendment 43

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 3

Article 8 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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. | 3.   The initial survey
  of a new vessel
  shall be conducted before the ship is put in service.
  For existing vessels, an initial survey shall be conducted within five years of the entry into force of this Regulation.
  The officers carrying out that survey shall verify that Part I of the inventory of hazardous materials complies with the requirements of this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

or before the inventory certificate is issued

3.   The initial survey
  of a new vessel
  shall be conducted before the ship is put in service.
  For existing vessels, an initial survey shall be conducted within five years of the entry into force of this Regulation.
  The officers carrying out that survey shall verify that Part I of the inventory of hazardous materials complies with the requirements of this Regulation.

of a new vessel

For existing vessels, an initial survey shall be conducted within five years of the entry into force of this Regulation.

Amendment 44

Amendment 44

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 5

Article 8 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   The additional survey, either general or partial,
  may be conducted at the request of the shipowner
  after a change, replacement, or
  significant
  repair of the structure, equipment, systems, fittings, arrangements and material. The officers carrying out that survey shall ensure that any such change, replacement, or
  significant
  repair has been made in a manner that allows the ship to comply with the requirements of this Regulation, and they shall verify that Part I of the inventory of hazardous materials has been amended accordingly. | 5.   The
  ship owner shall request an
  additional survey, either general or partial, after a
  significant
  change, replacement, or repair of the structure, equipment, systems, fittings, arrangements and material. The officers carrying out that survey shall ensure that any such
  significant
  change, replacement, or repair has been made in a manner that allows the ship to comply with the requirements of this Regulation, and they shall verify that Part I of the inventory of hazardous materials has been amended accordingly. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   The additional survey, either general or partial,
  may be conducted at the request of the shipowner
  after a change, replacement, or
  significant
  repair of the structure, equipment, systems, fittings, arrangements and material. The officers carrying out that survey shall ensure that any such change, replacement, or
  significant
  repair has been made in a manner that allows the ship to comply with the requirements of this Regulation, and they shall verify that Part I of the inventory of hazardous materials has been amended accordingly.

may be conducted at the request of the shipowner

significant

significant

5.   The
  ship owner shall request an
  additional survey, either general or partial, after a
  significant
  change, replacement, or repair of the structure, equipment, systems, fittings, arrangements and material. The officers carrying out that survey shall ensure that any such
  significant
  change, replacement, or repair has been made in a manner that allows the ship to comply with the requirements of this Regulation, and they shall verify that Part I of the inventory of hazardous materials has been amended accordingly.

ship owner shall request an

significant

significant

Amendment 45

Amendment 45

Proposal for a regulation

Proposal for a regulation

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

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

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (aa) | the ship has been pre-cleaned in accordance with point (c) of Article 6(1); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(aa)

(aa)

the ship has been pre-cleaned in accordance with point (c) of Article 6(1);

the ship has been pre-cleaned in accordance with point (c) of Article 6(1);

Amendment 46

Amendment 46

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 7 a (new)

Article 8 — paragraph 7 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

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.

Amendment 47

Amendment 47

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 2

Article 9 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The contract shall be effective at the latest from the time of the request for the final survey referred to in Article 8
  (1)(d)
  and until the recycling is completed. | 2.   The contract shall be effective at the latest from the time of the request for the final survey referred to in Article 8
  (6)
  and until the recycling is completed. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The contract shall be effective at the latest from the time of the request for the final survey referred to in Article 8
  (1)(d)
  and until the recycling is completed.

(1)(d)

2.   The contract shall be effective at the latest from the time of the request for the final survey referred to in Article 8
  (6)
  and until the recycling is completed.

(6)

Amendment 48

Amendment 48

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 3 — point b

Article 9 — paragraph 3 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(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;

| (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
  ; |
| --- | --- |

(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
  ;

at least four months prior to the intended date for the ship recycling

, 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

Amendment 49

Amendment 49

Proposal for a regulation

Proposal for a regulation

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

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

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | to provide the ship recycling facility with a copy of the ready for recycling certificate issued in accordance with Article 10; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ba)

(ba)

to provide the ship recycling facility with a copy of the ready for recycling certificate issued in accordance with Article 10;

to provide the ship recycling facility with a copy of the ready for recycling certificate issued in accordance with Article 10;

Amendment 50

Amendment 50

Proposal for a regulation

Proposal for a regulation

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

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

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (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); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(bb)

(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);

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

Amendment 51

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 3 — point c

Article 9 — paragraph 3 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | to take back the ship prior to 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
  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

to take back the ship prior to 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
  ;

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

| (c) | to take back the ship prior to 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
  ; |
| --- | --- |

(c)

to take back the ship prior to 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
  ;

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

Amendment 52

Amendment 52

Proposal for a regulation

Proposal for a regulation

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

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

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ca)

(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.

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

Amendment 53

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 4 — point a

Article 9 — paragraph 4 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | to develop, in collaboration with the shipowner, a ship-specific ship recycling plan in accordance with Article 7; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

to develop, in collaboration with the shipowner, a ship-specific ship recycling plan in accordance with Article 7;

| (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
  ; |
| --- | --- |

(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
  ;

within one month of reception of all relevant information pursuant to point (b) of paragraph 3

Amendment 54

Amendment 54

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 4 — point c

Article 9 — paragraph 4 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | to
  prohibit
  the start of any recycling of the ship prior to submission of the report referred to in point (b); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

to
  prohibit
  the start of any recycling of the ship prior to submission of the report referred to in point (b);

prohibit

| (c) | to
  refuse
  the start of any recycling of the ship prior to submission of the report referred to in point (b)
  and prior to approval of the ship recycling plan by its competent authority
  ; |
| --- | --- |

(c)

to
  refuse
  the start of any recycling of the ship prior to submission of the report referred to in point (b)
  and prior to approval of the ship recycling plan by its competent authority
  ;

refuse

and prior to approval of the ship recycling plan by its competent authority

Amendment 55

Amendment 55

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 4 — point d — introductory part

Article 9 — paragraph 4 — point d — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | when preparing to receive a ship for recycling, to notify in writing at least
  14 days
  prior to the planned start of the recycling the relevant competent authorities of the intention to recycle the ship concerned: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

when preparing to receive a ship for recycling, to notify in writing at least
  14 days
  prior to the planned start of the recycling the relevant competent authorities of the intention to recycle the ship concerned:

14 days

| (d) | when preparing to receive a ship for recycling, to notify in writing at least
  three months
  prior to the planned start of the recycling the relevant competent authorities of the intention to recycle the ship concerned: |
| --- | --- |

(d)

when preparing to receive a ship for recycling, to notify in writing at least
  three months
  prior to the planned start of the recycling the relevant competent authorities of the intention to recycle the ship concerned:

three months

Amendment 56

Amendment 56

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 4 a (new)

Article 9 — paragraph 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4a.
     
  The ship owner shall provide a copy of the contract to the competent authority. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4a.
     
  The ship owner shall provide a copy of the contract to the competent authority.

4a.

The ship owner shall provide a copy of the contract to the competent authority.

Amendment 57

Amendment 57

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 1

Article 10 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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. | 1.   After
  successful
  completion of an initial or renewal survey or of an additional survey,
  the
  Member State
  whose flag the ship is flying
  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. | 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

conducted at the request of the shipowner, a

1.   After
  successful
  completion of an initial or renewal survey or of an additional survey,
  the
  Member State
  whose flag the ship is flying
  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.

successful

the

whose flag the ship is flying

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.

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 58

Amendment 58

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 2

Article 10 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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. | 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,
  if it considers that the ship recycling plan complies with the requirements of this Regulation
  . This certificate shall be supplemented by the inventory of hazardous materials and the ship recycling plan. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

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,
  if it considers that the ship recycling plan complies with the requirements of this Regulation
  . This certificate shall be supplemented by the inventory of hazardous materials and the ship recycling plan.

if it considers that the ship recycling plan complies with the requirements of this Regulation

Amendment 59

Amendment 59

Proposal for a regulation

Proposal for a regulation

Article 11 a (new)

Article 11 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 11a |
| | Inspections |
| | 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, and/or the inventory of hazardous materials, or |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 11a

Article 11a

Inspections

Inspections

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:

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, and/or the inventory of hazardous materials, or

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, 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. |
| --- | --- |

—

there is no procedure implemented on board the ship for the maintenance of the inventory of hazardous materials.

there is no procedure implemented on board the ship for the maintenance of the inventory of hazardous materials.

Amendment 60

Amendment 60

Proposal for a regulation

Proposal for a regulation

Article 11 b (new)

Article 11 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 11b |
| | Provisions applicable to non-EU ships in addition to Article 5a, Article 5b, Article 23(1) and Article 29 (1) |
| | 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. |
| | 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. |
| | 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 in accordance with the timelines indicated in Article 5(2a). The inventory shall fulfil the requirements set out in Article 5(4) to (7). |
| | 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. |
| | 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). |
| | 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 |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 11b

Article 11b

Provisions applicable to non-EU ships in addition to Article 5a, Article 5b, Article 23(1) and Article 29 (1)

Provisions applicable to non-EU ships in addition to Article 5a, Article 5b, Article 23(1) and Article 29 (1)

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.

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.

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.

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.

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 in accordance with the timelines indicated in Article 5(2a). The inventory shall fulfil the requirements set out in Article 5(4) to (7).

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 in accordance with the timelines indicated in Article 5(2a). The inventory shall fulfil the requirements set out in Article 5(4) to (7).

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.

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.

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).

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).

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:

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

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. |
| --- | --- |

—

there is no procedure implemented on board the ship for the maintenance of the inventory of hazardous materials.

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.

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.

Amendment 61

Amendment 61

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 2 — introductory part

Article 12 — paragraph 2 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| In order to be included in the European list, a ship recycling facility shall comply with the following requirements: | In order to be included in the European list, a ship recycling facility shall comply with the following requirements
  , taking into account relevant IMO, ILO and other international guidelines
  : |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

In order to be included in the European list, a ship recycling facility shall comply with the following requirements:

In order to be included in the European list, a ship recycling facility shall comply with the following requirements
  , taking into account relevant IMO, ILO and other international guidelines
  :

, taking into account relevant IMO, ILO and other international guidelines

Amendment 62

Amendment 62

Proposal for a regulation

Proposal for a regulation

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

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

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (aa) | operate from permanent built structures (dry docks, quays or concrete slip-ways); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(aa)

(aa)

operate from permanent built structures (dry docks, quays or concrete slip-ways);

operate from permanent built structures (dry docks, quays or concrete slip-ways);

Amendment 63

Amendment 63

Proposal for a regulation

Proposal for a regulation

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

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

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ab) | have sufficient cranes available for lifting parts cut from a ship; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ab)

(ab)

have sufficient cranes available for lifting parts cut from a ship;

have sufficient cranes available for lifting parts cut from a ship;

Amendment 64

Amendment 64

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 2 — point b

Article 12 — paragraph 2 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(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;

do not pose

| (b) | establish management and monitoring systems, procedures and techniques which
  ensure that no
  health risks
  are posed
  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; |
| --- | --- |

(b)

establish management and monitoring systems, procedures and techniques which
  ensure that no
  health risks
  are posed
  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;

ensure that no

are posed

Amendment 65

Amendment 65

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 2 — point d

Article 12 — paragraph 2 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | develop and
  approve
  a ship recycling facility plan; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

develop and
  approve
  a ship recycling facility plan;

approve

| (d) | develop and
  adopt
  a ship recycling facility plan; |
| --- | --- |

(d)

develop and
  adopt
  a ship recycling facility plan;

adopt

Amendment 66

Amendment 66

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 2 — point j

Article 12 — paragraph 2 — point j

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(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;

ship

| (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
  ; |
| --- | --- |

(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
  ;

rapid

the ship and

once work has commenced to recycle the ship

Amendment 67

Amendment 67

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 2 — point k

Article 12 — paragraph 2 — point k

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(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;

| (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; |
| --- | --- |

(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;

notably by cutting the bottom part in a permanent or floating dry dock;

Amendment 68

Amendment 68

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 2 — point m

Article 12 — paragraph 2 — point m

| Text proposed by the Commission | Amendment |
| --- | --- |
| (m) | handle hazardous materials and waste only on impermeable floors with effective drainage systems; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(m)

handle hazardous materials and waste only on impermeable floors with effective drainage systems;

| (m) | without prejudice to point (k),
  handle hazardous materials and waste only on impermeable floors with effective drainage systems; |
| --- | --- |

(m)

without prejudice to point (k),
  handle hazardous materials and waste only on impermeable floors with effective drainage systems;

without prejudice to point (k),

Amendment 69

Amendment 69

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 2 — point m a (new)

Article 12 — paragraph 2 — point m a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (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; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ma)

(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;

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

Amendment 70

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 2 — point m b (new)

Article 12 — paragraph 2 — point m b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (mb) | ensure appropriate storage for dismantled spare parts, including impermeable storage for oil-contaminated spare parts; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(mb)

(mb)

ensure appropriate storage for dismantled spare parts, including impermeable storage for oil-contaminated spare parts;

ensure appropriate storage for dismantled spare parts, including impermeable storage for oil-contaminated spare parts;

Amendment 71

Amendment 71

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 2 — point m c (new)

Article 12 — paragraph 2 — point m c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (mc) | ensure functioning equipment for the treatment of water, including rainwater, in compliance with health and environmental regulations; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(mc)

(mc)

ensure functioning equipment for the treatment of water, including rainwater, in compliance with health and environmental regulations;

ensure functioning equipment for the treatment of water, including rainwater, in compliance with health and environmental regulations;

Amendment 72

Amendment 72

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 2 — point m d (new)

Article 12 — paragraph 2 — point m d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (md) | ensure appropriate storage for explosive and/or inflammable materials and gas, including the prevention of fire hazards and excessive stockpiling; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(md)

(md)

ensure appropriate storage for explosive and/or inflammable materials and gas, including the prevention of fire hazards and excessive stockpiling;

ensure appropriate storage for explosive and/or inflammable materials and gas, including the prevention of fire hazards and excessive stockpiling;

Amendment 73

Amendment 73

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 2 — point m e (new)

Article 12 — paragraph 2 — point m e (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (me) | ensure appropriate impermeable and sheltered storage and containment for solid and liquid PCB/PCT waste or material; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(me)

(me)

ensure appropriate impermeable and sheltered storage and containment for solid and liquid PCB/PCT waste or material;

ensure appropriate impermeable and sheltered storage and containment for solid and liquid PCB/PCT waste or material;

Amendment 74

Amendment 74

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 2 — point m f (new)

Article 12 — paragraph 2 — point m f (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (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; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(mf)

(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;

ensure that all PCB/PCT containing material is managed in accordance with the obligations and Guidelines of the Stockholm Convention on Persistent Organic Pollutants;

Amendment 75

Amendment 75

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 2 — point n

Article 12 — paragraph 2 — point n

| Text proposed by the Commission | Amendment |
| --- | --- |
| (n) | ensure that all wastes generated from the recycling activity are only transferred to waste management facilities authorised to deal with their treatment and disposal without endangering human health and in an environmentally sound manner. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(n)

ensure that all wastes generated from the recycling activity are only transferred to waste management facilities authorised to deal with their treatment and disposal without endangering human health and in an environmentally sound manner.

| (n) | ensure that all wastes generated from the recycling activity are only transferred to waste management facilities authorised to deal with their treatment and disposal without endangering human health and in an environmentally sound manner.
  Therefore draw up a register of secondary operators working at the main facility, including information on their waste management methods and capacities. |
| --- | --- |

(n)

ensure that all wastes generated from the recycling activity are only transferred to waste management facilities authorised to deal with their treatment and disposal without endangering human health and in an environmentally sound manner.
  Therefore draw up a register of secondary operators working at the main facility, including information on their waste management methods and capacities.

Therefore draw up a register of secondary operators working at the main facility, including information on their waste management methods and capacities.

Amendment 76

Amendment 76

Proposal for a regulation

Proposal for a regulation

Article 13 — paragraph 2 — point 1

Article 13 — paragraph 2 — point 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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; | (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
  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(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;

(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
  ;

and conditions

Amendment 77

Amendment 77

Proposal for a regulation

Proposal for a regulation

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

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

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (3a)
     
  provide evidence that the ship recycling facility complies with all health and safety provisions under the laws of that country; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(3a)
     
  provide evidence that the ship recycling facility complies with all health and safety provisions under the laws of that country;

(3a)

provide evidence that the ship recycling facility complies with all health and safety provisions under the laws of that country;

Amendment 78

Amendment 78

Proposal for a regulation

Proposal for a regulation

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

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

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (4a)
     
  identify all subcontractors directly involved in the process of ship recycling and provide evidence of their permits; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(4a)
     
  identify all subcontractors directly involved in the process of ship recycling and provide evidence of their permits;

(4a)

identify all subcontractors directly involved in the process of ship recycling and provide evidence of their permits;

Amendment 79

Amendment 79

Proposal for a regulation

Proposal for a regulation

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

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

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | which waste
  management
  process will be applied within the facility:
  incineration, landfilling
  or other waste treatment method and provide evidence that the applied process will be carried out without endangering human health, without harming the environment and, in particular: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

which waste
  management
  process will be applied within the facility:
  incineration, landfilling
  or other waste treatment method and provide evidence that the applied process will be carried out without endangering human health, without harming the environment and, in particular:

management

incineration, landfilling

| (b) | which waste
  treatment
  process will be applied within the facility:
  (e.g. landfilling, neutralization of acids, chemical destruction)
  or other waste treatment method
  for each of the materials listed in Annex I,
  and provide evidence that the applied process will be carried out
  in accordance with established best practices, global norms and laws,
  without endangering human health, without harming the environment and, in particular: |
| --- | --- |

(b)

which waste
  treatment
  process will be applied within the facility:
  (e.g. landfilling, neutralization of acids, chemical destruction)
  or other waste treatment method
  for each of the materials listed in Annex I,
  and provide evidence that the applied process will be carried out
  in accordance with established best practices, global norms and laws,
  without endangering human health, without harming the environment and, in particular:

treatment

(e.g. landfilling, neutralization of acids, chemical destruction)

for each of the materials listed in Annex I,

in accordance with established best practices, global norms and laws,

Amendment 80

Amendment 80

Proposal for a regulation

Proposal for a regulation

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

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

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | which waste
  management
  process will be applied if the hazardous materials
  is
  destined for a subsequent waste treatment facility outside the ship recycling facility. The following information shall be provided regarding each subsequent waste treatment facility: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

which waste
  management
  process will be applied if the hazardous materials
  is
  destined for a subsequent waste treatment facility outside the ship recycling facility. The following information shall be provided regarding each subsequent waste treatment facility:

management

is

| (c) | which waste
  treatment
  process will be applied if the hazardous materials
  are
  destined for a subsequent waste treatment facility outside the ship recycling facility. The following information shall be provided regarding each subsequent waste treatment facility: |
| --- | --- |

(c)

which waste
  treatment
  process will be applied if the hazardous materials
  are
  destined for a subsequent waste treatment facility outside the ship recycling facility. The following information shall be provided regarding each subsequent waste treatment facility:

treatment

are

Amendment 81

Amendment 81

Proposal for a regulation

Proposal for a regulation

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

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

| Text proposed by the Commission | Amendment |
| --- | --- |
| (ii) | evidence that the waste treatment facility is authorized to treat the hazardous material; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ii)

evidence that the waste treatment facility is authorized to treat the hazardous material;

| (ii) | evidence that the waste treatment facility is authorized
  by the relevant competent authority
  to treat the hazardous material; |
| --- | --- |

(ii)

evidence that the waste treatment facility is authorized
  by the relevant competent authority
  to treat the hazardous material;

by the relevant competent authority

Amendment 82

Amendment 82

Proposal for a regulation

Proposal for a regulation

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

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

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (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 |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ca)

(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

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

Amendment 83

Amendment 83

Proposal for a regulation

Proposal for a regulation

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

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

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(5a)

(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.

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

Amendment 84

Proposal for a regulation

Proposal for a regulation

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

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

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (5b) | conduct regular monitoring of water and sediments in the vicinity of the ship recycling facility to check for pollution. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(5b)

(5b)

conduct regular monitoring of water and sediments in the vicinity of the ship recycling facility to check for pollution.

conduct regular monitoring of water and sediments in the vicinity of the ship recycling facility to check for pollution.

Amendment 115

Amendment 115

Proposal for a regulation

Proposal for a regulation

Article 14

Article 14

| Text proposed by the Commission | Amendment |
| --- | --- |
| Authorization of ship recycling facilities located in a Member State | deleted |
| 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 recycling facility concerned and shall inform the Commission 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. | |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Authorization of ship recycling facilities located in a Member State

Authorization of ship recycling facilities located in a Member State

deleted

deleted

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

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.

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.

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 recycling facility concerned and shall inform the Commission thereof without delay.

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 recycling facility concerned and shall inform the Commission 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.

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.

Amendment 116

Amendment 116

Proposal for a regulation

Proposal for a regulation

Article 15 — Title

Article 15 — Title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Ship recycling
  facilities located outside of the Union | Inclusion of a
  ship recycling
  facility in the European List |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Ship recycling
  facilities located outside of the Union

facilities located outside of the Union

Inclusion of a
  ship recycling
  facility in the European List

Inclusion of a

facility in the European List

Amendment 117

Amendment 117

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 1

Article 15 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   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. | 1.   A recycling company
  owning a ship recycling facility and
  wishing to recycle
  EU or non-EU ships in accordance with the provisions of this Regulation
  shall submit an application to the Commission for inclusion of its ship recycling facility in the European List. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   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.

located outside the Union

ships flying the flag of a Member State

1.   A recycling company
  owning a ship recycling facility and
  wishing to recycle
  EU or non-EU ships in accordance with the provisions of this Regulation
  shall submit an application to the Commission for inclusion of its ship recycling facility in the European List.

owning a ship recycling facility and

EU or non-EU ships in accordance with the provisions of this Regulation

Amendment 87

Amendment 87

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 3

Article 15 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   
  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. | 3.   
  In order to be included
  in the European
  list,
  ship recycling facilities
  shall be audited by an international team of experts nominated
  by the Commission prior
  to
  their inclusion in the European list
  with a view to verifying
  their compliance with the requirements set out in Article 12,
  and once every two years thereafter. The ship recycling facility shall also agree that it may be subject to additional unannounced site inspections by an international team. The international team of experts shall cooperate with the competent authorities of the Member State or the third country where the facility is located in order to carry out such site inspections. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   
  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.

By applying for inclusion

List,

accept the possibility of being subject to a site inspection

or agents acting on its behalf

or after

in order to

3.   
  In order to be included
  in the European
  list,
  ship recycling facilities
  shall be audited by an international team of experts nominated
  by the Commission prior
  to
  their inclusion in the European list
  with a view to verifying
  their compliance with the requirements set out in Article 12,
  and once every two years thereafter. The ship recycling facility shall also agree that it may be subject to additional unannounced site inspections by an international team. The international team of experts shall cooperate with the competent authorities of the Member State or the third country where the facility is located in order to carry out such site inspections.

In order to be included

list,

shall be audited by an international team of experts nominated

to

with a view to verifying

and once every two years thereafter. The ship recycling facility shall also agree that it may be subject to additional unannounced site inspections by an international team. The international team of experts shall cooperate with the competent authorities of the Member State or the third country where the facility is located in order to carry out such site inspections.

Amendment 118

Amendment 118

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 4

Article 15 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   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. | 4.   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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   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.

4.   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.

in a Member State or

Amendment 119

Amendment 119

Proposal for a regulation

Proposal for a regulation

Article 16 — paragraph 1

Article 16 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.
     
  The Commission shall establish 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: | deleted |
| (a) | are located in the Union and have been notified by the Member States in accordance with Article 14(3); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.
     
  The Commission shall establish 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:

1.

The Commission shall establish 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:

deleted

deleted

(a)

(a)

are located in the Union and have been notified by the Member States in accordance with Article 14(3);

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). |
| --- | --- |

(b)

(b)

are located outside the Union and whose inclusion has been decided in accordance with Article 15(4).

are located outside the Union and whose inclusion has been decided in accordance with Article 15(4).

Amendment 88

Amendment 88

Proposal for a regulation

Proposal for a regulation

Article 16 — paragraph 2

Article 16 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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. | 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
  twenty-four
  months after ... (7) .
  It shall be split into two sub-lists, including EU/OECD, and non OECD ship recycling facilities, respectively. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

thirty-six

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
  twenty-four
  months after ... (7) .
  It shall be split into two sub-lists, including EU/OECD, and non OECD ship recycling facilities, respectively.

twenty-four

7

It shall be split into two sub-lists, including EU/OECD, and non OECD ship recycling facilities, respectively.

Amendment 89

Amendment 89

Proposal for a regulation

Proposal for a regulation

Article 16 — paragraph 2 a (new)

Article 16 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  The European List shall include the following information about the ship recycling facility: |
| | (a) | the method of recycling; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.
     
  The European List shall include the following information about the ship recycling facility:

2a.

The European List shall include the following information about the ship recycling facility:

(a)

(a)

the method of recycling;

the method of recycling;

| (b) | the type and size of ships that are suitable for recycling; and |
| --- | --- |

(b)

(b)

the type and size of ships that are suitable for recycling; and

the type and size of ships that are suitable for recycling; and

| (c) | any limitation under which the facility operates, including as regards hazardous waste management. |
| --- | --- |

(c)

(c)

any limitation under which the facility operates, including as regards hazardous waste management.

any limitation under which the facility operates, including as regards hazardous waste management.

Amendment 90

Amendment 90

Proposal for a regulation

Proposal for a regulation

Article 16 — paragraph 2 b (new)

Article 16 — paragraph 2 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

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.

Amendment 91

Amendment 91

Proposal for a regulation

Proposal for a regulation

Article 16 — paragraph 2 c (new)

Article 16 — paragraph 2 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 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; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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:

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)

(a)

the evidence that it has provided is complete and up-to-date;

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. |
| --- | --- |

(b)

(b)

the ship recycling facility continues and will continue to comply with the requirements of Article 12.

the ship recycling facility continues and will continue to comply with the requirements of Article 12.

Amendment 92

Amendment 92

Proposal for a regulation

Proposal for a regulation

Article 16 — paragraph 3 — point a

Article 16 — paragraph 3 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | to include a ship recycling facility in the European list
  in any of the following cases: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

to include a ship recycling facility in the European list
  in any of the following cases:

in any of the following cases:

| (a) | to include a ship recycling facility in the European list where its inclusion in the European list has been decided in accordance with Article 15(4); |
| --- | --- |

(a)

to include a ship recycling facility in the European list where its inclusion in the European list has been decided in accordance with Article 15(4);

| | (i) | where it has been authorized in accordance with Article 13; |
| --- | --- | --- |

(i)

(i)

where it has been authorized in accordance with Article 13;

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); |
| --- | --- |

(ii)

where its inclusion in the European list has been decided in accordance with Article 15(4);

Amendment 93

Amendment 93

Proposal for a regulation

Proposal for a regulation

Article 16 — paragraph 3 — point b — point 2

Article 16 — paragraph 3 — point b — point 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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. | (2)   where the ship recycling facility
  , three months prior to the expiry of the five-year inclusion,
  has not provided evidence that it still complies with the requirements set out in Article 12; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(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.

has been included in the list for more than five years and

(2)   where the ship recycling facility
  , three months prior to the expiry of the five-year inclusion,
  has not provided evidence that it still complies with the requirements set out in Article 12;

, three months prior to the expiry of the five-year inclusion,

Amendment 94

Amendment 94

Proposal for a regulation

Proposal for a regulation

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

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

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(2a)

(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.

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.

Amendment 95

Amendment 95

Proposal for a regulation

Proposal for a regulation

Article 21 — point a

Article 21 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(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;

14 days

| (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;
  it shall simultaneously notify its intention to recycle a ship to the administration of the country under whose jurisdiction it is at that time; |
| --- | --- |

(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;
  it shall simultaneously notify its intention to recycle a ship to the administration of the country under whose jurisdiction it is at that time;

three months

it 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

Amendment 96

Proposal for a regulation

Proposal for a regulation

Article 21 — point b a (new)

Article 21 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (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; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ba)

(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;

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;

Amendment 97

Amendment 97

Proposal for a regulation

Proposal for a regulation

Article 22 — paragraph 1 — point c

Article 22 — paragraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | information regarding illegal recycling and follow-up actions undertaken by the Member State. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

information regarding illegal recycling and follow-up actions undertaken by the Member State.

| (c) | information regarding illegal recycling and follow-up actions undertaken by the Member State
  , including details of the penalties laid down pursuant to Article 23
  . |
| --- | --- |

(c)

information regarding illegal recycling and follow-up actions undertaken by the Member State
  , including details of the penalties laid down pursuant to Article 23
  .

, including details of the penalties laid down pursuant to Article 23

Amendment 98

Amendment 98

Proposal for a regulation

Proposal for a regulation

Article 22 — paragraph 2

Article 22 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Each Member State shall transmit the report by 31 December 2015 and every
  two years
  thereafter. | 2.   Each Member State shall transmit the report by 31 December 2015 and every
  year
  thereafter. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Each Member State shall transmit the report by 31 December 2015 and every
  two years
  thereafter.

two years

2.   Each Member State shall transmit the report by 31 December 2015 and every
  year
  thereafter.

year

Amendment 99

Amendment 99

Proposal for a regulation

Proposal for a regulation

Article 22 — paragraph 3 a (new)

Article 22 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3a.
     
  The Commission shall enter this information in an electronic database that is permanently accessible to the public. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3a.
     
  The Commission shall enter this information in an electronic database that is permanently accessible to the public.

3a.

The Commission shall enter this information in an electronic database that is permanently accessible to the public.

Amendment 100

Amendment 100

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 1

Article 23 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Member States shall ensure that effective, proportionate and dissuasive penalties are applicable to ships that: | 1.   Member States shall ensure that effective, proportionate and dissuasive penalties are applicable
  and effectively applied to the owners of EU ships and non-EU
  ships that: |
| | (a) | do not comply with the prohibitions of certain hazardous materials pursuant to Article 4 and Article 11b; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Member States shall ensure that effective, proportionate and dissuasive penalties are applicable to ships that:

1.   Member States shall ensure that effective, proportionate and dissuasive penalties are applicable
  and effectively applied to the owners of EU ships and non-EU
  ships that:

and effectively applied to the owners of EU ships and non-EU

(a)

(a)

do not comply with the prohibitions of certain hazardous materials pursuant to Article 4 and Article 11b;

do not comply with the prohibitions of certain hazardous materials pursuant to Article 4 and Article 11b;

| (d) | do not have on board
  an
  inventory of hazardous materials
  required by
  Articles 5 and
  28
  ; |
| --- | --- |

(d)

(d)

do not have on board
  an
  inventory of hazardous materials
  required by
  Articles 5 and
  28
  ;

an

required by

28

| (b) | do not have on board
  a valid
  inventory of hazardous materials
  pursuant to
  Article 5 and
  Article 11b
  ; |
| --- | --- |

(b)

(b)

do not have on board
  a valid
  inventory of hazardous materials
  pursuant to
  Article 5 and
  Article 11b
  ;

a valid

pursuant to

Article 11b

| (c) | do not have on board a ship recycling plan pursuant to Article 7 and Article 11b; |
| --- | --- |

(c)

(c)

do not have on board a ship recycling plan pursuant to Article 7 and Article 11b;

do not have on board a ship recycling plan pursuant to Article 7 and Article 11b;

| (e) | were sent for recycling without complying with the general requirements for the preparation set out in Article 6; |
| --- | --- |

(e)

(e)

were sent for recycling without complying with the general requirements for the preparation set out in Article 6;

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; |
| --- | --- |

(f)

(f)

were sent for recycling without an inventory certificate required by Article 6;

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; |
| --- | --- |

(g)

(g)

were sent for recycling without a ready for recycling certificate required by Article 6;

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; |
| --- | --- |

(h)

(h)

were sent for recycling without a notification to the administration in writing as required by Article 21;

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. |
| --- | --- |

(i)

(i)

were recycled in a manner which did not conform with the ship recycling plan required by Article 7.

were recycled in a manner which did not conform with the ship recycling plan required by Article 7.

Amendment 101

Amendment 101

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 1 a (new)

Article 23 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 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

   (8)

  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; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

   (8)

  are applicable to the owners of EU ships that:

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

8

are applicable to the owners of EU ships that:

(a)

(a)

were sent for recycling without complying with the general requirements pursuant to Article 6 of this Regulation;

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; |
| --- | --- |

(b)

(b)

were sent for recycling without an inventory certificate pursuant to Article 10(1) of this Regulation;

were sent for recycling without an inventory certificate pursuant to Article 10(1) of this Regulation;

| (c) | were sent for recycling without a contract pursuant to Article 9 of this Regulation; |
| --- | --- |

(c)

(c)

were sent for recycling without a contract pursuant to Article 9 of this Regulation;

were sent for recycling without 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; |
| --- | --- |

(d)

(d)

were sent for recycling without a notification to the administration in writing pursuant to Article 21 of this Regulation;

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 Regulation or in a manner which did not comply with the ship recycling plan pursuant to Article 7 of this Regulation. |
| --- | --- |

(e)

(e)

were recycled without approval of the ship recycling plan by the competent authority pursuant to point (b) of Article 7(2) of this Regulation or in a manner which did not comply with the ship recycling plan pursuant to Article 7 of this Regulation.

were recycled without approval of the ship recycling plan by the competent authority pursuant to point (b) of Article 7(2) of this Regulation or in a manner which did not comply with the ship recycling plan pursuant to Article 7 of this Regulation.

Amendment 102

Amendment 102

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 2

Article 23 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   
  The penalties shall be effective, proportionate and dissuasive.
  In particular, where a ship is sent for recycling in a ship recycling facility which is not included in the European list the applicable penalties shall, as a minimum, correspond to the price paid to the shipowner for its ship. | 2.   
  Without prejudice to the application of Article 5 of Directive 2008/99/EC, in
  particular, where a ship is sent for recycling in a ship recycling facility which is not included in the European list the applicable penalties shall, as a minimum, correspond to the price paid to the ship owner for its ship. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   
  The penalties shall be effective, proportionate and dissuasive.
  In particular, where a ship is sent for recycling in a ship recycling facility which is not included in the European list the applicable penalties shall, as a minimum, correspond to the price paid to the shipowner for its ship.

The penalties shall be effective, proportionate and dissuasive.

2.   
  Without prejudice to the application of Article 5 of Directive 2008/99/EC, in
  particular, where a ship is sent for recycling in a ship recycling facility which is not included in the European list the applicable penalties shall, as a minimum, correspond to the price paid to the ship owner for its ship.

Without prejudice to the application of Article 5 of Directive 2008/99/EC, in

Amendment 103

Amendment 103

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraphs 5 and 6

Article 23 — paragraphs 5 and 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   Where a ship is sold and, within less than
  six
  months after the selling, is sent for recycling in a facility which is not included in the European list, the penalties shall be: | 5.   Where a ship is sold and, within less than
  twelve
  months after the selling, is sent for recycling in a facility which is not included in the European list, the penalties shall be: |
| (a) | jointly
  imposed
  to
  the last
  and penultimate
  owner if the ship is still flying the flag of
  an European
  Member State; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   Where a ship is sold and, within less than
  six
  months after the selling, is sent for recycling in a facility which is not included in the European list, the penalties shall be:

six

5.   Where a ship is sold and, within less than
  twelve
  months after the selling, is sent for recycling in a facility which is not included in the European list, the penalties shall be:

twelve

(a)

jointly
  imposed
  to
  the last
  and penultimate
  owner if the ship is still flying the flag of
  an European
  Member State;

jointly

to

and penultimate

an European

| (a) | imposed
  on
  the last owner if the ship is still flying the flag of
  a
  Member State; |
| --- | --- |

(a)

imposed
  on
  the last owner if the ship is still flying the flag of
  a
  Member State;

on

a

| (b) | only
  imposed
  to
  the
  penultimate
  owner if
  a
  ship is
  not
  flying
  anymore
  the flag of
  an European
  Member State. |
| --- | --- |

(b)

only
  imposed
  to
  the
  penultimate
  owner if
  a
  ship is
  not
  flying
  anymore
  the flag of
  an European
  Member State.

only

to

penultimate

a

not

anymore

an European

| (b) | imposed
  on
  the
  last
  owner
  who was flying a flag of a Member State in that one-year period
  if
  the
  ship is
  no longer
  flying the flag of
  a
  Member State. |
| --- | --- |

(b)

imposed
  on
  the
  last
  owner
  who was flying a flag of a Member State in that one-year period
  if
  the
  ship is
  no longer
  flying the flag of
  a
  Member State.

on

last

who was flying a flag of a Member State in that one-year period

the

no longer

a

6.   Exemptions to the penalties mentioned in paragraph 5 may be introduced by Member States in the case where the shipowner has not sold
  its
  ship with the intention to have it recycled. In that case, Member States shall
  request
  evidence supporting the shipowner's claim including a copy of the sales contract.

its

request

6.   Exemptions to the penalties mentioned in paragraph 5 may
  only
  be introduced by Member States in the case where the ship owner has not sold
  his
  ship with the intention to have it recycled. In that case, Member States shall
  require the ship owner to provide
  evidence supporting the ship owner's claim, including a copy of the sales contract
  with corresponding provisions,


  and information about the business model of the buyer
  .

only

his

require the ship owner to provide

with corresponding provisions,

and information about the business model of the buyer

Amendment 104

Amendment 104

Proposal for a regulation

Proposal for a regulation

Article 24 — paragraph 3

Article 24 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Where the request for action and the accompanying observations show in a plausible manner that a breach of the Regulation exists, the competent authority shall consider any such observations and requests for action. In such circumstances, the competent authority shall give the recycling company an opportunity to make
  its
  views known with respect to the request for action and the accompanying observations. | 3.   Where the request for action and the accompanying observations show in a plausible manner that a breach of the Regulation exists, the competent authority shall consider any such observations and requests for action. In such circumstances, the competent authority shall give the
  ship owner and the
  recycling company an opportunity to make
  their
  views known with respect to the request for action and the accompanying observations. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   Where the request for action and the accompanying observations show in a plausible manner that a breach of the Regulation exists, the competent authority shall consider any such observations and requests for action. In such circumstances, the competent authority shall give the recycling company an opportunity to make
  its
  views known with respect to the request for action and the accompanying observations.

its

3.   Where the request for action and the accompanying observations show in a plausible manner that a breach of the Regulation exists, the competent authority shall consider any such observations and requests for action. In such circumstances, the competent authority shall give the
  ship owner and the
  recycling company an opportunity to make
  their
  views known with respect to the request for action and the accompanying observations.

ship owner and the

their

Amendment 105

Amendment 105

Proposal for a regulation

Proposal for a regulation

Article 24 — paragraph 5

Article 24 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.
     
  Member States may decide not to apply paragraphs 1 and 4 to cases of imminent breach of this Regulation. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.
     
  Member States may decide not to apply paragraphs 1 and 4 to cases of imminent breach of this Regulation.

5.

Member States may decide not to apply paragraphs 1 and 4 to cases of imminent breach of this Regulation.

deleted

deleted

Amendment 106

Amendment 106

Proposal for a regulation

Proposal for a regulation

Article 26 — paragraph 2

Article 26 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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. | 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 ...

   (9)

  . 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

an indeterminate period of time from the date of entry into force of this Regulation.

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 ...

   (9)

  . 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.

a period of five years from ...

9

. 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.

Amendment 107

Amendment 107

Proposal for a regulation

Proposal for a regulation

Article 28 — paragraph 1

Article 28 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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 |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

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

deleted

Amendment 108

Amendment 108

Proposal for a regulation

Proposal for a regulation

Article 28 a (new)

Article 28 a (new)

Directive 2009/16/EC

Annex IV — point 45 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 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

   (10)

  , 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]

   (11)

  ’ |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 28a

Article 28a

Amendment to Directive 2009/16/EC on port State control

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

   (10)

  , the following point is added:

In Annex IV of Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control

10

, the following point is added:

‘45.

‘45.

A certificate on the inventory of hazardous materials pursuant to Regulation (EU) No XX [insert full title of this Regulation]

   (11)

  ’

A certificate on the inventory of hazardous materials pursuant to Regulation (EU) No XX [insert full title of this Regulation]

11

’

Amendment 109

Amendment 109

Proposal for a regulation

Proposal for a regulation

Article 29 — paragraph 1

Article 29 — paragraph 1

Regulation (EC) No 1013/2006

Article 1 — paragraph 3 — point i

| Text proposed by the Commission | Amendment |
| --- | --- |
| (i) | Ships
  falling under the scope of
  Regulation (EU) No XX [insert full title of this Regulation]. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(i)

Ships
  falling under the scope of
  Regulation (EU) No XX [insert full title of this Regulation].

falling under the scope of

| (i) | Ships
  that are delivered to a ship recycling facility included in the European list in accordance with
  Regulation (EU) No XX [insert full title of this Regulation]. |
| --- | --- |

(i)

Ships
  that are delivered to a ship recycling facility included in the European list in accordance with
  Regulation (EU) No XX [insert full title of this Regulation].

that are delivered to a ship recycling facility included in the European list in accordance with

Amendment 110

Amendment 110

Proposal for a regulation

Proposal for a regulation

Article 29 a (new)

Article 29 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 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 |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 29a

Article 29a

Transit

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.

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:

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)

(a)

consent to the transit of the ship through its waters, with or without conditions; or

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. |
| --- | --- |

(b)

(b)

refuse to consent to transit of the ship through its waters.

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.

The Member State concerned shall immediately inform the ship owner of the decision of the competent authority or authorities of transit.

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.

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.

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.

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.

Amendment 111

Amendment 111

Proposal for a regulation

Proposal for a regulation

Article 30

Article 30

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Commission shall review this Regulation not later than two years after the date of entry into force of the Hong Kong Convention. This review shall consider the inclusion of facilities authorized by the Parties to the Hong Kong Convention in the European List of ship recycling facilities
  in order to avoid duplication of work and administrative burden
  . | The Commission shall review this Regulation not later than two years after the date of entry into force of the Hong Kong Convention. This review shall consider
  whether
  the inclusion of facilities authorized by the Parties to the Hong Kong Convention in the European List of ship recycling facilities
  complies with the requirements of this Regulation
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Commission shall review this Regulation not later than two years after the date of entry into force of the Hong Kong Convention. This review shall consider the inclusion of facilities authorized by the Parties to the Hong Kong Convention in the European List of ship recycling facilities
  in order to avoid duplication of work and administrative burden
  .

in order to avoid duplication of work and administrative burden

The Commission shall review this Regulation not later than two years after the date of entry into force of the Hong Kong Convention. This review shall consider
  whether
  the inclusion of facilities authorized by the Parties to the Hong Kong Convention in the European List of ship recycling facilities
  complies with the requirements of this Regulation
  .

whether

complies with the requirements of this Regulation

Amendment 112

Amendment 112

Proposal for a regulation

Proposal for a regulation

Article 31 — paragraph 1

Article 31 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| This Regulation shall enter into force on the
  365th

  day
  after
  its publication in the Official Journal of the European Union. | This Regulation shall enter into force on the
  third
  day
  following
  its publication in the Official Journal of the European Union.
  It shall apply from ...

   (12)

  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

This Regulation shall enter into force on the
  365th

  day
  after
  its publication in the Official Journal of the European Union.

365th

after

This Regulation shall enter into force on the
  third
  day
  following
  its publication in the Official Journal of the European Union.
  It shall apply from ...

   (12)

  .

third

following

It shall apply from ...

12

.

Amendment 113

Amendment 113

Proposal for a regulation

Proposal for a regulation

Annex IV — subtitle 5 a (new)

Annex IV — subtitle 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 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 appropriate) |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

UNANNOUNCED SURVEY CERTIFICATE

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.

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)

Signed: ... (Signature of duly authorized official)

Place: ...

Place: ...

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

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

(Seal or stamp of the authority, as appropriate)

(Seal or stamp of the authority, as appropriate)

---

(1)  The matter was referred back to the committee responsible for reconsideration pursuant to Rule 57(2), second subparagraph (A7-0132/2013).

1

(2)  
  One year after the entry into force of this Regulation.

2

One year after the entry into force of this Regulation.

(3)  
  Two years after the entry into force of this Regulation.

3

Two years after the entry into force of this Regulation.

(4)  
  Three years after the entry into force of this Regulation.

4

Three years after the entry into force of this Regulation.

(5)  
  Four years after the entry into force of this Regulation.

5

Four years after the entry into force of this Regulation.

(6)  
  30 months after the entry into force of this Regulation

6

30 months after the entry into force of this Regulation

(7)  
  Date of entry into force of this Regulation

7

Date of entry into force of this Regulation

(8)  

  OJ L 328, 6.12.2008, p. 28

8

OJ L 328, 6.12.2008, p. 28

(9)  
  Date of entry into force of this Regulation

9

Date of entry into force of this Regulation

(10)  

  OJ L 131, 28.5.2009, p. 57.

10

OJ L 131, 28.5.2009, p. 57.

(11)  
  OJ L [...], [...], p. [..]'

11

OJ L [...], [...], p. [..]'

(12)  
  One year after the entry into force of this Regulation.

12

One year after the entry into force of this Regulation.

---