The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019

Type Statutory-Instrument
Publication 2019-02-12
Last updated 2020-12-31
State In force
Department King's Printer of Acts of Parliament
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Made: 12th February 2019

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) and (2) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 .

In accordance with paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Citation and commencement

1

These Regulations may be cited as the Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019 and come into force on exit day.

PART 1 — Amendment of subordinate legislation

Amendment of the Waste Management Licensing Regulations (Northern Ireland) 2003

2

Amendment of the Ship Recycling Facilities Regulations 2015

3

United Kingdom List” means the list of ship recycling facilities published by the Secretary of State under Article 16 of the EU Ship Recycling Regulation; “United Kingdom Ship” means a ship registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995.

(3) After IP completion day, existing facilities must not accept any United Kingdom ship within the scope of the EU Ship Recycling Regulation for ship recycling unless the facility is included on the United Kingdom List.

Amendment of the Ship Recycling Facilities Regulations (Northern Ireland) 2015

4

United Kingdom List” means the list of ship recycling facilities published by the Secretary of State under Article 16 of the EU Ship Recycling Regulation; “United Kingdom ship” means a ship registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995.

(6) (1) A ship recycling facility in Northern Ireland must not accept any ship flying the flag of a Member State within the scope of the EU Ship Recycling Regulation for ship recycling unless the ship recycling facility is included on the European List. (2) A ship recycling facility in Northern Ireland must not accept any United Kingdom ship within the scope of the EU Ship Recycling Regulation for ship recycling unless the ship recycling facility is included on the United Kingdom List. (3) A failure to comply with paragraph (1) or (2) has the same effect as failure to comply with a condition of a permit. (6A) (1) In respect of a ship recycling facility in Northern Ireland, the competent authority must inform the Secretary of State without delay of— (a) the permitting of a ship recycling facility for inclusion on the European List; (b) the suspension or withdrawal of a permit of a ship recycling facility that is included on the European List. (2) The Secretary of State must carry out the functions of the Member State referred to in Article 14(2) of the EU Ship Recycling Regulation, and must inform the European Commission in accordance with Article 14(3) and 14(4) of that Regulation.

Amendment of the Ship Recycling (Requirements in relation to Hazardous Materials on Ships) (Amendment etc.) Regulations 2018

5

(b) which is a United Kingdom ship wherever the ship maybe.

PART 2 — Amendment of direct EU legislation

Amendment of Regulation (EU) 1257/2013

6

Article 12 shall ... apply to ships, other than United Kingdom ships, calling at a port or anchorage in the United Kingdom.

(c) United Kingdom flagged ships operating throughout their life in United Kingdom waters only.

(23) ‘statement of compliance’ means, subject to Article 12(7A), a ship-specific certificate supplemented by an inventory of hazardous materials in accordance with Article 12;

(25) ‘United Kingdom ship’ means a ship registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 ; (26) ‘the EU Regulation as it has effect in EU law’ means Regulation (EU) No 1257/2013 of the European Parliament and the Council of 20 November 2013 on ship recycling and amending Regulation (EC) No 1013/2006 and Directive 2009/16/EC as it has effect in EU law; (27) ‘European List’ means the list of ship recycling facilities established and amended from time to time by the European Commission under Article 16 of the EU Regulation as it has effect in EU law; (28) ‘United Kingdom List’ means the list of ship recycling facilities established by the Secretary of State under Article 16; (29) ‘direct EU legislation’ has the meaning given in section 3(2) of the European Union (Withdrawal) Act 2018 ; (30) ‘Hong Kong Convention’ means the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships 2009.

(aa) ‘hazardous waste’ has the same meaning as in Article 3 of Directive 2008/98/EC, save that that Directive is to be read as if, in Annex III of that Directive— (i) in the HP9 ‘Infectious’ Section, in the second sentence, for “in the Member States” substitute “ in the United Kingdom ”; (ii) in the HP15 ‘Waste capable of exhibiting a hazardous property listed above not directly displayed by the original waste’ Section— (aa) the reference to “Member States” were a reference to the Secretary of State; (ab) the reference to Annex VI to Council Directive 67/548/EEC were a reference to Annex I of Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures;

The Secretary of State may make regulations prescribing the format of the inventory certificate to ensure it is consistent with Appendix 3 to the Hong Kong Convention.

(10) A ready for recycling certificate issued by a Member State after a final survey in accordance with Article 9(9) of the EU Regulation as it has effect in EU law must be accepted by the Secretary of State or a recognised organisation authorised by the Secretary of State and regarded for the purposes of this Regulation as having the same validity as a ready for recycling certificate issued by the Secretary of State or a recognised organisation authorised by the Secretary of State. (11) The Secretary of State may make regulations prescribing the format of the ready for recycling certificate to ensure it is consistent with Appendix 4 to the Hong Kong Convention.

(7A) In the case of ships flying the flag of an EU Member State, an inventory certificate granted under Article 9 of the EU Regulation as it has effect in EU law by that Member State will be treated as satisfying the requirements of paragraphs 6 and 7.

The Secretary of State may make regulations prescribing the format of— (a) the report required by point (b) of paragraph 2 of this Article to ensure it is consistent with Appendix 6 to the Hong Kong Convention; and (b) the statement required by point (c) of paragraph 2 of this Article to ensure it is consistent with Appendix 7 to the Hong Kong Convention.

(5) Where a ship recycling facility in Northern Ireland— (a) has been authorised in accordance with paragraph 1; or (b) ceases to comply with the requirements set out in Article 13, the Secretary of State shall inform the Commission thereof without delay.

(3) The Secretary of State may make regulations specifying the format of the information required to identify the ship recycling facility.

(1) The Secretary of State must publish and maintain a list of ship recycling facilities which— (a) are located in the United Kingdom and have been authorised in accordance with Article 14(1); (b) are located outside the United Kingdom and whose inclusion is based on an assessment of the information and supporting evidence provided or gathered in accordance with Article 15. (2) Subject to paragraph 3, the Secretary of State may include on the list of ship recycling facilities published under paragraph 1 ship recycling facilities located outside the United Kingdom which are included on the European List. A ship recycling facility which is included on the United Kingdom List by virtue of this paragraph must inform the Secretary of State immediately if it is removed from the European List. (3) The Secretary of State must be satisfied that, at the time at which a ship recycling facility within paragraph 2 was approved for inclusion on the European List, the standards to which its inclusion was subject were no less than those applicable to facilities included on the United Kingdom List by virtue of paragraph 1. (4) The Secretary of State may remove a ship recycling facility from the United Kingdom List where— (a) it no longer complies with the requirements set out in Article 13; (b) it is no longer authorised in accordance with Article 14(1); (c) in the case of a ship recycling facility included on the United Kingdom list by virtue of paragraph 2, it is no longer included on the European List; or (d) the five year period set out in paragraph 6 of this Article expires and updated evidence supporting its inclusion under paragraph 1 or paragraph 2 has not been provided at least three months prior to its expiry. (5) The United Kingdom List shall include all of the following information about the ship recycling facility— (a) the method of recycling; (b) the type and size of ships that can be recycled; (c) any limitation and conditions under which the ship recycling facility operates, including as regards hazardous waste management; (d) details on the explicit or tacit procedure, as referred to in Article 7(3), for the approval of the ship recycling plan by the competent authority; and (e) the maximum annual ship recycling output. (6) The United Kingdom List shall indicate the date of expiry of the inclusion of the ship recycling facility. An inclusion shall be valid for a maximum period of five years and shall be renewable. (7) The Secretary of State shall communicate to the European Commission all information that may be relevant in respect of the updating of the European List in relation to those facilities in Northern Ireland.

(1) Any power to make regulations under this Regulation is exercisable by statutory instrument. (2) Regulations made under this Regulation may — (a) make different provision for different purposes, cases or areas; (b) make consequential, incidental, supplementary, transitional or transitory or saving provisions. (3) A statutory instrument containing regulations made under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

Amendment of Commission Implementing Decision (EU) 2015/2398

7

Amendment of Commission Implementing Decision (EU) 2016/2321

8

Commission Implementing Decision (EU) 2016/2324

9

Signed

Signed by authority of the Secretary of State for Transport

Nusrat Ghani — Parliamentary Under Secretary of State — 2019-02-12

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2018 c. 16.

[^f00002]: S.R. 2003 No. 493; relevant amending Regulations are S.R. 2006 No. 519, S.R. 2009 No. 159, S.R. 2011 No. 127, S.R. 2014 No. 253 and S.R. 2015 No. 229.

[^f00003]: S.I. 2015/430, amended by S.I. 2016/1154.

[^f00004]: S.R. 2015 No. 229, as amended by S.R. 2018 No. 171.

[^f00005]: S.I. 2018/1122.

[^f00006]: 1995 c. 21.

[^f00007]: O.J. No L 330, 10.12.2013, p. 1.

[^f00008]: 2018 c. 16..

[^f00009]: OJ No L 345, 20.12.16, p. 129.

Editorial notes

[^c23588791]: 2018 c. 16.

[^c23588801]: S.R. 2003 No. 493; relevant amending Regulations are S.R. 2006 No. 519, S.R. 2009 No. 159, S.R. 2011 No. 127, S.R. 2014 No. 253 and S.R. 2015 No. 229.

[^c23588811]: S.I. 2015/430, amended by S.I. 2016/1154.

[^c23588821]: S.R. 2015 No. 229, as amended by S.R. 2018 No. 171.

[^c23588831]: S.I. 2018/1122.

[^c23588841]: 1995 c. 21.

[^c23588851]: O.J. No L 330, 10.12.2013, p. 1.

[^c23588861]: 2018 c. 16..

[^c23588871]: OJ No L 345, 20.12.16, p. 129.

[^key-58d3cb6301e2bb801adbce364cc2ad0a]: Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-946606e39c85f9bd32e23e294c063fd6]: Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-f477e312c689989a1fa7ba8407cfea35]: Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-9b50f0b06a670a5d09357d1427e8b172]: Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-8a13fcaf4d688ac3ea1f3b678818da7c]: Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-b0dbd3e9393b800da44f0c6f34cb92c9]: Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-0a5b31e552d6425bc1975a4e2f369480]: Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-a72caca5c0887eb47349b1f35a5b1b77]: Reg. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-5dc9bca2d309a2016c918d234c86a356]: Reg. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-110f55b49ca9a4e7cebfec1b584ce422]: Words in reg. 3(6)(d) substituted (31.12.2020 immediately before IP completion day) by The Merchant Shipping (Consequential Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1000), regs. 1, 5

[^key-ddf1f2b59d00efbbdc1ea17c3388ffe7]: Reg. 4(2)(a) omitted (31.12.2020 immediately before IP completion day) by virtue of The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1429), regs. 1, 3(a)

[^key-3fb4f93cc564676c412dcdeb0c0d329f]: Reg. 4(5) substituted (31.12.2020 immediately before IP completion day) by The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1429), regs. 1, 3(b)

[^key-3b49183ea6ff4785ecd15af1d00d107e]: Word in reg. 6(2)(b) omitted (31.12.2020 immediately before IP completion day) by virtue of The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1429), regs. 1, 4(a)

[^key-a3a5594a54a7d8fb5b2538d7365ac0c3]: Words in reg. 6(2)(c) inserted (31.12.2020 immediately before IP completion day) by The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1429), regs. 1, 4(b)

[^key-e0d587da61dead24764535050bf9bc79]: Words in reg. 6(8)(a) inserted (31.12.2020 immediately before IP completion day) by The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1429), regs. 1, 4(c)

[^key-82c93b6e39243045875d59a3d1c5a2c1]: Reg. 6(11)(aa)(ab) inserted (31.12.2020 immediately before IP completion day) by The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1429), regs. 1, 4(d)

[^key-8fdae55708703af7462b1f59effe2b9b]: Reg. 6(11)(h) inserted (31.12.2020 immediately before IP completion day) by The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1429), regs. 1, 4(e)

[^key-f382b2cb31aff9db286ece4be8611631]: Reg. 6(13)(b)(i) substituted (31.12.2020 immediately before IP completion day) by The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1429), regs. 1, 4(f)(i)

[^key-d45b54465b12bc9802eb06921c29bb9c]: Reg. 6(13)(f) substituted (31.12.2020 immediately before IP completion day) by The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1429), regs. 1, 4(f)(ii)

[^key-063e97623944d60b4c12161d57abc7fb]: Words in reg. 6(15) inserted (31.12.2020 immediately before IP completion day) by The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1429), regs. 1, 4(g)

[^key-842dd345483891c51218b31a199c45a6]: Reg. 6(17)(a) omitted (31.12.2020 immediately before IP completion day) by virtue of The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1429), regs. 1, 4(h)

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