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))
Date: 2013-04-18
Institutions: Committee on Industry, Research and Energy, Committee on Legal Affairs, Committee on Transport and Tourism, Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: environmental standard, export of waste, hazardous waste, prevention of pollution, recycling technology, ship's flag, vessel, waste recycling




C_2016045EN.01018801.xml










5.2.2016   


EN


Official Journal of the European Union


C 45/188





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)

(Ordinary legislative procedure: first reading)
(2016/C 045/38)

Amendment 1


Proposal for a regulation


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







Amendment 2


Proposal for a regulation


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.











Amendment 3


Proposal for a regulation


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.














(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.











Amendment 4


Proposal for a regulation


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.











Amendment 5


Proposal for a regulation


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.











Amendment 6


Proposal for a regulation


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.












(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.











Amendment 7


Proposal for a regulation


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.












(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.











Amendment 8


Proposal for a regulation


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,












(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.









Amendment 9


Proposal for a regulation


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.














(8)


It is necessary to clarify the 
scope respectively
 of this Regulation, Regulation (EC) No 1013/2006 and Directive 2008/98/EC in order to avoid 
applying different legal requirements in the same situation.











Amendment 10


Proposal for a regulation


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.











Amendment 11


Proposal for a regulation


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.











Amendment 12


Proposal for a regulation


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.












(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.









Amendment 13


Proposal for a regulation


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,












(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,









Amendment 14


Proposal for a regulation


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.







Amendment 15


Proposal for a regulation


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;











Amendment 16


Proposal for a regulation


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;











Amendment 17


Proposal for a regulation


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;











Amendment 18


Proposal for a regulation


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;











Amendment 19


Proposal for a regulation


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;











Amendment 20


Proposal for a regulation


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;











Amendment 21


Proposal for a regulation


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;












(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;











Amendment 22


Proposal for a regulation


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;












(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;









Amendment 23


Proposal for a regulation


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;












(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;









Amendment 24


Proposal for a regulation


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.











Amendment 25


Proposal for a regulation


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











Amendment 26


Proposal for a regulation


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.







Amendment 27


Proposal for a regulation


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;










 










(cb)






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











Amendment 28


Proposal for a regulation


Article 4 — title








Text proposed by the Commission




Amendment





Control of hazardous materials


Control of 
prohibited or restricted
 hazardous materials





Amendment 29


Proposal for a regulation


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.







Amendment 30


Proposal for a regulation


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)

;










 








—




for ships more than 20 years old on…

 (3)

;










 








—




for ships more than 15 years old on …

 (4)

;










 








—




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.




 




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;














(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)




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;








 










(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;










 










(cb)






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.


5.   In addition to paragraph 4, for existing ships a plan shall be prepared describing the visual/sampling check by which the inventory of hazardous materials 
has been
 developed.




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


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 quantities (Part I) 
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 
(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);














(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
.





Amendment 120


Proposal for a regulation


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.







Amendment 33


Proposal for a regulation


Article 6 — title








Text proposed by the Commission




Amendment







Preparation for recycling: general
 requirements




General
 requirements 
for ship owners







Amendment 34


Proposal for a regulation


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;












(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;









Amendment 35


Proposal for a regulation


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)






Amendment 36


Proposal for a regulation


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);












(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);









Amendment 37


Proposal for a regulation


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);











Amendment 38


Proposal for a regulation


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;












(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;









Amendment 39


Proposal for a regulation


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.











Amendment 40


Proposal for a regulation


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.







Amendment 42


Proposal for a regulation


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.





Amendment 43


Proposal for a regulation


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.





Amendment 44


Proposal for a regulation


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.





Amendment 45


Proposal for a regulation


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);











Amendment 46


Proposal for a regulation


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.







Amendment 47


Proposal for a regulation


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.





Amendment 48


Proposal for a regulation


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;












(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
;









Amendment 49


Proposal for a regulation


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;











Amendment 50


Proposal for a regulation


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);











Amendment 51


Proposal for a regulation


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
;












(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
;









Amendment 52


Proposal for a regulation


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.











Amendment 53


Proposal for a regulation


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;












(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
;









Amendment 54


Proposal for a regulation


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);












(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
;









Amendment 55


Proposal for a regulation


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:












(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:









Amendment 56


Proposal for a regulation


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.







Amendment 57


Proposal for a regulation


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.





Amendment 58


Proposal for a regulation


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.





Amendment 59


Proposal for a regulation


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










 








—




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











Amendment 60


Proposal for a regulation


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










 








—




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.







Amendment 61


Proposal for a regulation


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
:





Amendment 62


Proposal for a regulation


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);











Amendment 63


Proposal for a regulation


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;











Amendment 64


Proposal for a regulation


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;












(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;









Amendment 65


Proposal for a regulation


Article 12 — paragraph 2 — point d








Text proposed by the Commission




Amendment











(d)


develop and 
approve
 a ship recycling facility plan;












(d)


develop and 
adopt
 a ship recycling facility plan;









Amendment 66


Proposal for a regulation


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;












(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
;









Amendment 67


Proposal for a regulation


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;












(k)


ensure the containment of all hazardous materials present on board of a ship during the recycling process so as to prevent any release of these hazardous materials into the environment and in particular in intertidal zones, 
notably by cutting the bottom part in a permanent or floating dry dock;











Amendment 68


Proposal for a regulation


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;












(m)




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









Amendment 69


Proposal for a regulation


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;











Amendment 70


Proposal for a regulation


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;











Amendment 71


Proposal for a regulation


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;











Amendment 72


Proposal for a regulation


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;











Amendment 73


Proposal for a regulation


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;











Amendment 74


Proposal for a regulation


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;











Amendment 75


Proposal for a regulation


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.












(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.











Amendment 76


Proposal for a regulation


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
;





Amendment 77


Proposal for a regulation


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;







Amendment 78


Proposal for a regulation


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;







Amendment 79


Proposal for a regulation


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:












(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:









Amendment 80


Proposal for a regulation


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:












(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:









Amendment 81


Proposal for a regulation


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;












(ii)


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









Amendment 82


Proposal for a regulation


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











Amendment 83


Proposal for a regulation


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.











Amendment 84


Proposal for a regulation


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.











Amendment 115


Proposal for a regulation


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.




 





Amendment 116


Proposal for a regulation


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







Amendment 117


Proposal for a regulation


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.





Amendment 87


Proposal for a regulation


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.







Amendment 118


Proposal for a regulation


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.





Amendment 119


Proposal for a regulation


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);








 












(b)






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








 





Amendment 88


Proposal for a regulation


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.







Amendment 89


Proposal for a regulation


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;














(b)






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.











Amendment 90


Proposal for a regulation


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.







Amendment 91


Proposal for a regulation


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;














(b)






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











Amendment 92


Proposal for a regulation


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:














(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;












(ii)


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










 





Amendment 93


Proposal for a regulation


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;





Amendment 94


Proposal for a regulation


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.











Amendment 95


Proposal for a regulation


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;












(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;











Amendment 96


Proposal for a regulation


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;











Amendment 97


Proposal for a regulation


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.












(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
.









Amendment 98


Proposal for a regulation


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.





Amendment 99


Proposal for a regulation


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.







Amendment 100


Proposal for a regulation


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;


















(d)




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














(b)




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








 










(c)






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;








 












(f)






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








 












(g)






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








 












(h)






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








 












(i)






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








 





Amendment 101


Proposal for a regulation


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;










 










(b)






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;










 










(d)






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










 










(e)






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











Amendment 102


Proposal for a regulation


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.





Amendment 103


Proposal for a regulation


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;












(a)


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














(b)




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








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.


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
.





Amendment 104


Proposal for a regulation


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.





Amendment 105


Proposal for a regulation


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







Amendment 106


Proposal for a regulation


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.







Amendment 107


Proposal for a regulation


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







Amendment 108


Proposal for a regulation


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)

’











Amendment 109


Proposal for a regulation


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].












(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].









Amendment 110


Proposal for a regulation


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










 










(b)






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










 




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






 




3.
   
In the event that the consent referred to in paragraph 2 is refused, or is made subject to conditions which are not acceptable to the ship owner, the ship owner may only dispatch the ship for recycling via transit States which have not objected.






 




4.
   
In the absence of a reply within the 60-day period referred to in paragraph 2, the competent authority of transit shall be presumed to have refused its consent.






 




5.
   
Notwithstanding paragraph 4, in accordance with Article 6(4) of the Basel Convention, if at any time a competent authority of transit has decided not to require prior written consent, either generally or under specific conditions, the competent authority of transit shall be presumed to have given its consent if no response is received by the Member State concerned within 60 days of the transmission of the notification to the competent authority of transit.







Amendment 111


Proposal for a regulation


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
.





Amendment 112


Proposal for a regulation


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)

.







Amendment 113


Proposal for a regulation


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)








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

(2)  
One year 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.



(5)  
Four years 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



(8)  

OJ L 328, 6.12.2008, p. 28




(9)  
Date of entry into force of this Regulation



(10)  

OJ L 131, 28.5.2009, p. 57.



(11)  
OJ L […], […], p. [..]'



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