CELEX: 32015D2398
Language: en
Date: 2015-12-17 00:00:00
Title: Commission Implementing Decision (EU) 2015/2398 of 17 December 2015 on information and documentation related to an application for a facility located in a third country for inclusion in the European List of ship recycling facilities (Text with EEA relevance)

18.12.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 332/145
            
         COMMISSION IMPLEMENTING DECISION (EU) 2015/2398
   of 17 December 2015
   on information and documentation related to an application for a facility located in a third country for inclusion in the European List of ship recycling facilities
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1257/2013 of the European Parliament and of the Council of 20 November 2013 on ship recycling and amending Regulation (EC) No 1013/2006 and Directive 2009/16/EC (1), and in particular Article 15(3) thereof,
   Whereas:
   
               (1)
            
            
               Regulation (EU) No 1257/2013, in particular in its Title III, lays down requirements for ship recycling facilities wishing to recycle ships flying the flag of a Member State of the European Union and thereby applying for inclusion in the European List of ship recycling facilities.
            
         
               (2)
            
            
               Article 15(2) of Regulation (EU) No 1257/2013 lists information and documentation to be provided by ship recycling companies as part of their application files for ship recycling facilities located in a third country for inclusion on the European List. Furthermore, Article 16(2) lists information to be published in the Official Journal about the ship recycling facility to be included in the European List.
            
         
               (3)
            
            
               Contrary to other Implementing Acts to be adopted under the Ship Recycling Regulation, there is no directly equivalent template available from the Hong Kong Convention for the safe and environmentally sound recycling of ship of 2009. The format given in Annex therefore comprises relevant extracts from Hong Kong Convention Appendix 5 (‘Document of Authorization of Ship Recycling’ — DASR) and from the relevant IMO guidelines related to ship recycling facilities and adds information and documentation requirements added in the Ship Recycling Regulation (as listed in Articles 15(2) and 16(2) of the Regulation).
            
         
               (4)
            
            
               Stakeholders were consulted in writing on the contents of the Decision. The Annex takes comments made into account.
            
         
               (5)
            
            
               The measures provided for in this Decision are in accordance with the opinion of the Ship Recycling Regulation Committee established under Article 25 of Regulation (EU) No 1257/2013,
            
         HAS ADOPTED THIS DECISION:
   Article 1
   The information and documentation required to identify a ship-recycling facility located in a third country applying for inclusion in the European List of ship recycling facilities shall be submitted in the format provided in the Annex.
   Article 2
   This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   
      Done at Brussels, 17 December 2015.
      
         
            For the Commission
         
         
            The President
         
         Jean-Claude JUNCKER
      
   
   
      (1)  OJ L 330, 10.12.2013, p. 1.
   
      ANNEX
      
         PART 1
      
      
         Identification of the ship recycling facility
      
      
                  Name of ship recycling facility
               
               
                   
               
            
                  Distinctive Recycling Company identity No.
               
               
                   
               
            
                  Full address of ship recycling facility
               
               
                   
               
            
                  Primary contact person
               
               
                   
               
            
                  Phone number
               
               
                   
               
            
                  Email address
               
               
                   
               
            
                  Name, address, and contact information of ownership company
               
               
                   
               
            
                  Working language(s)
               
               
                   
               
            
         PART 2
      
      
         Additional information
      
      
                  Method(s) of recycling (1)
                  
               
               
                   
               
            
                  Type(s) of ships that can be recycled
               
               
                   
               
            
                  Procedure for approval of the ship recycling plan (2)
                  
               
               
                   
               
            
                  Number of employees (3)
                  
               
               
                   
               
            
                  Maximum ship recycling output achieved on a given year in the past 10 years (in LDT) (4)
                  
               
               
                   
               
            
                  Description of the ship recycling facility (layout, waterdepth, accessibility, etc.)
               
               
                   
               
            
         
      
                  Heavy equipment
               
            
                  Heavy-lifting machines
               
               
                  e.g. Jib crane: 60 tonnes
               
            
                  e.g. Mobile crane: 35 tonnes × 1, 27 tonnes × 1
               
            
                  e.g. Hydraulic backhoe: SH400, ZX330, SK220, ZX200 with Shear, Magnet
               
            
                  e.g. Hydraulic shear: 600 tonnes × 1
               
            
                  e.g. Weight bridge: 50 tonnes
               
            
                   
               
            
                   
               
            
                   
               
            
                  Boat
               
               
                  e.g. Gross tonnage: 5 tonnes, Power: 240 HP
               
            
                  Shear
               
               
                  e.g. Capacity: 600 tonnes
               
            
         
      
                  Other equipment
               
            
                  O2 supply
               
               
                  e.g. Liquid O2 supply system: 10 m3
                  
               
            
                  Gas supply
               
               
                  e.g. LPG bottles
               
            
                  Compressed air
               
               
                   
               
            
                  Fire extinguishers
               
               
                  e.g. Portable fire extinguisher capacity
               
            
                  Waste oil treatment
               
               
                  e.g. Oil water separation tank
                  Tank capacity: abt. 20 tonnes
               
            
                  Wastes storage
               
               
                  e.g. Container for asbestos: 2
               
            
                  Incinerator(s)
               
               
                  e.g. none
               
            
                  Electric power supply
               
               
                  e.g. Substation
               
            
         
      
                  Location of the facility (5)
                  
               
            
                  Division and classification of the location
               
               
                  e.g. urbanisation control area
               
            
                  Area of the facility (in sqm)
               
               
                   
               
            
                  Area of pavement
               
               
                   
               
            
                  Peripheral environment
               
               
                  e.g. factories: former quarry, two marinas in the vicinity, vulnerable environmental zones
               
            
                  e.g. Housing: private houses at the entrance and 200 m from entrance
               
            
         
      
                  Workers' certificates/licences (6)
                  
               
            
                  Certificate/licence
               
               
                  Number of personnel/qualifications (7)
                  
               
            
                  
                              1)
                           
                           
                              Manager of asbestos handling
                           
                        
               
                   
               
            
                  
                              2)
                           
                           
                              Manager of PCB handling
                           
                        
               
                   
               
            
                  
                              3)
                           
                           
                              Designated chemicals handling
                           
                        
               
                   
               
            
                  
                              4)
                           
                           
                              Asbestos handling class
                           
                        
               
                   
               
            
                   
               
            
                   
               
            
                  
                              5)
                           
                           
                              Gas cutting
                           
                        
               
                   
               
            
                   
               
            
                   
               
            
                  
                              6)
                           
                           
                              Welding
                           
                        
               
                   
               
            
                  
                              7)
                           
                           
                              Zinc handling
                           
                        
               
                   
               
            
                  
                              8)
                           
                           
                              Lifting
                           
                        
               
                   
               
            
                   
               
            
                   
               
            
                  
                              9)
                           
                           
                              Heavy lift machines
                           
                        
               
                   
               
            
                   
               
            
                  
                              10)
                           
                           
                              Seafarer
                           
                        
               
                   
               
            
                  
                              11)
                           
                           
                              Diver
                           
                        
               
                   
               
            
                  
                              12)
                           
                           
                              Removal of Hazardous Materials
                           
                        (Material A)
               
               
                   
               
            
                  (Material B)
               
               
                   
               
            
                  (Material C)
               
               
                   
               
            
                  (Material D)
               
               
                   
               
            
                  (Material E)
               
               
                   
               
            
                  (Material F)
               
               
                   
               
            
                  (Material G)
               
               
                   
               
            
                  (Material H)
               
               
                   
               
            
                  (Material I)
               
               
                   
               
            
                  (Material J)
               
               
                   
               
            
                  (Material K)
               
               
                   
               
            
         PART 3
      
      
         Identification of the permit, license and authorisation granted by the competent authority/-ies to conduct ship recycling
      
      As per Article 15(2)(a) of Regulation (EU) No 1257/2013 of the European Parliament and of the Council of 20 November 2013 on ship recycling, the ship recycling company shall provide a copy of the document(s) issued by its competent authorities to conduct the ship recycling (8) and, where relevant, the permit, license or authorisation granted by the competent authorities to all its contractors and sub-contractors directly involved in the process of ship recycling.
      Permit, license or authorisation document(s) attached to the application file (9):
      
                  Name of the document
               
               
                  Country of issuance
               
               
                  Issuing Competent Authority
               
               
                  Issued on (date)
               
               
                  Valid until (date or indefinite)
               
               
                  Beneficiary entity (10)
                  
               
            
                   
               
               
                   
               
               
                   
               
               
                   
               
               
                   
               
               
                   
               
            
                   
               
               
                   
               
               
                   
               
               
                   
               
               
                   
               
               
                   
               
            
                   
               
               
                   
               
               
                   
               
               
                   
               
               
                   
               
               
                   
               
            
                   
               
               
                   
               
               
                   
               
               
                   
               
               
                   
               
               
                   
               
            
                   
               
               
                   
               
               
                   
               
               
                   
               
               
                   
               
               
                   
               
            
                   
               
               
                   
               
               
                   
               
               
                   
               
               
                   
               
               
                   
               
            
         PART 4
      
      
         Capability and limitations of the ship recycling facility
      
      4.1.   Ship recycling capacity
      
      The ship recycling facility is authorised to accept a ship for recycling subject to the following size limitations:
      
                  Maximum capacity of ship to be recycled
               
               
                  Other limitations
               
            
                  DWT
               
               
                   
               
               
                   
               
            
                  GT
               
               
                   
               
               
                   
               
            
                  LDT
               
               
                   
               
               
                   
               
            
                  Length
               
               
                   
               
               
                   
               
            
                  Breadth
               
               
                   
               
               
                   
               
            
                  Width
               
               
                   
               
               
                   
               
            
                  Depth
               
               
                   
               
               
                   
               
            4.2.   Safe and environmentally sound management of hazardous materials
      
      The ship recycling facility is authorised to accept a ship for recycling that contains hazardous materials as specified in the following table subject to the conditions noted below:
      
                  Management of hazardous materials (11)
                  
               
               
                  Descriptions of the management steps (12)
                  
               
            
                  
                              1)
                           
                           
                              Asbestos
                           
                        
               
                  Removal
                  Storage
                  Waste treatment
               
            
                  Management of hazardous materials
               
               
                  Descriptions of the management steps
               
            
                  
                              2)
                           
                           
                              Ozone-depleting substances
                           
                        
               
                  Removal
                  Storage
                  Waste treatment
               
            
                  Heavy metals:
                  
                              3)
                           
                           
                              Tinorganic anti-fouling compounds and system
                           
                        
                              4)
                           
                           
                              Cadmium and Cadmium Compounds
                           
                        
                              5)
                           
                           
                              Hexavalent Chromium and Hexavalent Chromium Compounds
                           
                        
                              6)
                           
                           
                              Lead and Lead Compounds
                           
                        
                              7)
                           
                           
                              Mercury and Mercury Compounds
                           
                        
               
                  Removal
                  Storage
                  Waste treatment
               
            
                  Flame retardants:
                  
                              8)
                           
                           
                              Polybrominated Diphenyl Ethers (PBDEs)
                           
                        
                              9)
                           
                           
                              Hexabromocyclododecane (HBCDD)
                           
                        
                              10)
                           
                           
                              Polybrominated Biphenyl (PBBs)
                           
                        
               
                  Removal
                  Storage
                  Waste treatment
               
            
                  
                              11)
                           
                           
                              Radioactive substances
                           
                        
               
                  Removal
                  Storage
                  Waste treatment
               
            
                  Management of hazardous materials
               
               
                  Descriptions of the management steps
               
            
                  Other Persistent Organic Pollutants (POPs)
                  
                              12)
                           
                           
                              Polychlorinated biphenyls (PCB)
                           
                        
                              13)
                           
                           
                              Perfluorooctane sulfonic acid (PFOS)
                           
                        
                              14)
                           
                           
                              Polychlorinated Napthalenes (more than 3 chlorine atoms)
                           
                        
                              15)
                           
                           
                              Certain Short-Chain Chlorinated Paraffins (SCCP) (Alkanes, C10-C13, chloro)
                           
                        
               
                  Removal
                  Storage
                  Waste treatment
               
            
                  
                              16)
                           
                           
                              Hazardous liquids, residues and sediments
                           
                        
               
                  Removal
                  Storage
                  Waste treatment
               
            
                  
                              17)
                           
                           
                              Paints and coatings that are highly flammable and/or lead to toxic release
                           
                        
               
                  Removal
                  Storage
                  Waste treatment
               
            
                  
                              18)
                           
                           
                              Other Hazardous Materials not listed above and that are not part of the ship structure (specify)
                           
                        
               
                  Removal
                  Storage
                  Waste treatment
               
            
         PART 5
      
      
         Statement concerning the recycling of EU Member States flag ships
      
      RECYCLING OF SHIPS FLYING THE FLAG OF A MEMBER STATE OF THE EUROPEAN UNION
      Hereby, (name) …, on behalf of …(company) …(hereafter ‘the company’) (13) confirms that the company will accept ships flying the flag of EU Member States for recycling only in accordance with the requirements laid out in Regulation (EU) No 1257/2013 of the European Parliament and of the Council of 20 November 2013 on ship recycling. Furthermore, the company will:
      
                  (a)
               
               
                  prior to any recycling of the ship:
                  
                              —
                           
                           
                              send the ship recycling plan, approved by the competent authority according to the procedure applicable (14), to the ship owner and the administration or a recognised organisation authorised by it;
                           
                        
                              —
                           
                           
                              report to the administration that the ship recycling facility is ready in every respect to start the recycling of the ship;
                           
                        
            
                  (b)
               
               
                  when the total or partial recycling of a ship is completed in accordance with this Regulation, within 14 days of the date of the total or partial recycling in accordance with the ship recycling plan, send a statement of completion to the administration which issued the ready for recycling certificate for the ship. The statement of completion will include a report on incidents and accidents damaging human health and/or the environment, if any.
               
            …
      
                  Place …
               
               
                  Date …
               
            Signature:
      NB: The statement does not imply that the facility may not accept ships flying the flag of a third country.
      
         PART 6
      
      
         Statement concerning waste recovery and disposal operations
      
      WASTE RECOVERY AND DISPOSAL OPERATIONS
      Further to the 2009 Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, Regulation (EU) No 1257/2013 of the European Parliament and of the Council on ship recycling aims 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. Article 15(5) of the Regulation requires that the ship recycling company must be able to demonstrate that the waste management facility which receives the waste will be operated in accordance with human health and environmental protection standards that are broadly equivalent to relevant international and European Union standards.
      Hereby, (name) …, on behalf of …(company) …(hereafter ‘the company’) (15) confirms to the best of its knowledge that the waste management facility or facilities receiving the waste from the ship recycling facility is (are):
      
                  (a)
               
               
                  authorised by its competent national authorities to deal with the waste it receives;
               
            
                  (b)
               
               
                  operated in accordance with human health and environmental protection standards that are broadly equivalent to relevant international and European Union standards;
               
            Along with this statement, the company provides a copy of all relevant documents obtained by the waste management facility or facilities (see Part 2).
      
                  Place …
               
               
                  Date …
               
            Signature:
      
         PART 7
      
      
         Ship Recycling Facility Plan
      
      SHIP RECYCLING FACILITY PLAN
      In accordance with Article 15(2)(g) of Regulation (EU) No 1257/2013 of the European Parliament and of the Council on ship recycling of 20 November 2013, the ship recycling company is required to confirm that it has adopted a ship recycling facility plan, taking into account the relevant IMO guidelines.
      I (name) …, declare that a Ship Recycling Facility Plan was adopted by (company) … (16). A copy of the Ship Recycling Facility Plan is attached to the application file.
      
                  Place …
               
               
                  Date …
               
            Signature:
      
         PART 8
      
      
         Safe-for-hot work and Safe-for-entry criteria
      
      As per Article 15(2)(d), the ship recycling company provides evidence that the ship recycling facility is capable of establishing, maintaining and monitoring of the safe-for-hot work and safe-for-entry criteria throughout the ship recycling process.
      
                   
               
               
                  Evidence attached to the application file (17)
                  
               
            
                  Safe-for-hot work
               
               
                   
               
            
                  Safe-for-entry conditions
               
               
                   
               
            
         (1)  See e.g. paragraph 3 in Section 3.4.1 of IMO guidelines, Resolution MEPC.210(63), page 24.
      
         (2)  This concerns the procedure referred to in Article 7(3) and Article 15(2)(b) of the Ship Recycling Regulation.
      
         (3)  At the time of application.
      
         (4)  The figure should be documented, e.g. via official confirmations of completion of recycling of ships recycled that year, indicating LDT of the ships. As per Article 32 of the EU SRR, the figure is calculated as ‘the sum of the weight of ships expressed in LDT that have been recycled in a given year in that facility. The maximum annual ship recycling output is determined by selecting the highest value occurring in the preceding 10-year period for each ship recycling facility, or, in the case of a newly authorised ship recycling facility, the highest annual value achieved at that facility’.
      
         (5)  A map of the boundary of the ship recycling facility and the location of Ship Recycling operations within it is attached as per Article 15(2)(e) of the Regulation.
      
         (6)  Please note that it is only necessary to fill in corresponding lines in the table with regard to those hazardous materials the ship recycling facility is authorised to remove.
      
         (7)  Please note that the ship recycling company must at all times be in a position to provide evidence of the competence of each member of personnel authorised to carry out the removal of hazardous materials to the European Commission or agents acting on its behalf.
      
         (8)  If the respective competent authority/-ies does/do not issue a specific permit, license or authorisation to conduct ship recycling, the applicant shall clearly state this in his application and submit other relevant permits, licenses or authorisations relating to the activities of the company.
      
         (9)  Please list in the table and attach a copy of all permits, license or authorisations granted by the competent authorities.
      
         (10)  Name of the ship recycling company and/or its contractor/sub-contractor concerned by the document.
      
         (11)  For the management of each item, the national and/or international requirements should be identified for reference. Any limitations imposed under the authorisation granted by the competent authority/-ies of the country where the facility is located should be mentioned. The hazardous materials may be present in parts of the ship or equipment (e.g. in paint or as plastic additives) or in chemical mixtures (e.g. cooling fluids).
      
         (12)  As per Article 15(2)(f)(ii) of the Regulation, please 1) indicate which management process will be applied, 2) indicate the location where the activity takes place (either within the facility or at a downstream waste management facility — in the latter case, information should also be provided, including the facility name and contact information) and 3) provide evidence that the applied process will be carried out without endangering human health and in an environmentally sound manner.
      
         (13)  Name of the ship recycling company.
      
         (14)  The procedure is described in Article 7(3) of the Ship Recycling Regulation.
      
         (15)  Name of the ship recycling company.
      
         (16)  Name of the ship recycling company.
      
         (17)  Refer to the relevant extracts of the Ship Recycling Facility Plan attached to this application.