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: 2023-06-22
Institutions: Directorate-General for Environment, European Commission
Subjects: European Commission, 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, 22.6.2023  COM(2023) 326 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  

The first report has been issued on 22 March 20182.  During the period covered by 
the present report, the Commission did not make use of the delegated power referred 
to in article 5(8). This is because the Hong Kong Convention, to which the EU is a 
Party  and  which  the  Ship  Recycling  Regulation  implements  within  the  EU  legal 
order, 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.  
2 COM(2018) 145 final