REPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Regulation (EU) No 1257/2013 on ship recycling
Date: 2018-03-22
Institutions: Directorate-General for Environment, European Commission
Subjects: delegated legislation, hazardous waste, international convention, marine pollution, powers of the institutions (EU), prevention of pollution, recycling technology, vessel, waste recycling

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 22.3.2018 COM(2018) 145 final  REPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Regulation (EU) No 1257/2013 on ship recycling  
 
 
REPORT FROM THE COMMISSION 
TO THE COUNCIL AND THE EUROPEAN PARLIAMENT 
on the exercise of the power to adopt delegated acts conferred on the Commission 
pursuant to Regulation (EU) No 1257/2013 on ship recycling 

1. INTRODUCTION 

Regulation  (EU)  No  1257/2013  of  the  European  Parliament  and  of  the  Council  of  20 
November  2013  on  ship  recycling(1)  (the  Ship  Recycling  Regulation)  lays  down  rules  to 
prevent,  reduce,  minimise  and,  to  the  extent  practicable,  eliminate  accidents,  injuries  and 
other adverse effects on human health and the environment caused by ship recycling. To this 
end, the Ship Recycling Regulation notably requires ships to carry on board an inventory of 
hazardous materials, from various dates set in article 32 of the Regulation and depending on 
the status of the ship. 

The  Ship  Recycling  Regulation  empowers  the  Commission  to  adopt  delegated  acts,  as 
referred  to  in  Article  5(8),  with  a  view  to  "updating  of  the  list  of  items  for  the  inventory  of 
hazardous materials in Annexes I and II to ensure that the lists include at least the substances 
listed in Appendices I and II of the Hong Kong Convention". Article 5(8) further states that 
"the  Commission  shall  adopt  a  separate  delegated  act  in  respect  of  each  substance  to  be 
added or deleted from Annexes I or II." 

2. LEGAL BASIS 

The  present  report  is  required  under  Article  24(2)  of  the  Ship  Recycling  Regulation.  Under 
this article, the Commission has the power to adopt delegated acts for a period of five years 
from 30 December 2013. The Commission  is  also  required to  prepare a report in  respect of 
delegated powers, at the latest 9 months before the end of the five-year period. In accordance 
with Article 24(2), the delegation of power shall be tacitly extended for periods of an identical 
duration, unless the European Parliament or the Council opposes such an extension not later 
than three months before the end of each period. 

3. EXERCISE OF THE DELEGATION 

During the period covered by this report, the Commission did not make use of the delegated 
power referred to in article 5(8). This is because the Hong Kong Convention, while adopted, 
has  not  yet  entered  into  force.  Its  contents  can  therefore  not  be  revisited  yet  and  additional 
substances  cannot  be  added  to  its  Appendices.  As  the  Annexes  of  the  Ship  Recycling 
Regulation currently include all substances listed in the Hong Kong Convention Appendices, 
there is no need for delegated acts. 

1 OJ L 330, 10.12.2013, p. 1–20. 

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