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

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision in connection with those parts of EU Regulation No 1257/2013 of the European Parliament and of the Council on ship recycling (OJ No L 330, 10.12.2013) (“the EU Ship Recycling Regulation”) that concern requirements that apply in relation to the construction of a ship, the ship during its working life and its preparation for recycling. Separate Regulations have been made in connection with those parts of the EU Ship Recycling Regulation that concern requirements that apply to facilities used for ship recycling (the Ship Recycling Facilities Regulations 2015 (S.I. 2015/430) and the Ship Recycling Facilities (Northern Ireland) Regulations 2015 (S.R. (NI) 2015 No 229). References in this Note to Articles are to Articles of the EU Ship Recycling Regulation.

Regulation 3 designates the Secretary of State as the administration in respect of the United Kingdom and makes connected provision in relation to “officers of the administration” as used in Article 8(1).

Regulation 4 makes provision about the date by which a ship owner must, by virtue of Article 6(1)(b), notify the Secretary of State of an intention to recycle a ship.

Regulation 5 confers, by reference to provisions of the Merchant Shipping Act 1995, powers on those carrying out an Article 8 survey (as defined in regulation 2) and provides for a criminal offence of obstruction in relation to those powers.

Regulation 6 provides for a power for the Secretary of State to charge a fee in relation to the carrying out by a UK Government officer (as defined in regulation 2) of an Article 8 survey or the issuing etc of a certificate under Article 9. In doing so it applies certain provisions of the Merchant Shipping (Fees) Regulations 2018 (S.I. 2018/1104).

Regulation 7 amends the Merchant Shipping (Port State Control) Regulations 2011 (S.I. 2011/2601) so that inspections carried out under those Regulations take account of the requirements of the EU Ship Recycling Regulation. Regulation 7 also makes connected amendment to enforcement provisions that relate to those inspections.

Regulation 8 gives a power for a person carrying out an Article 8 survey or an inspector appointed under regulation 12 to detain a ship which is not subject to Part 1 of the Merchant Shipping (Port State Control) Regulations 2011. That power is available if, in the opinion of the person or inspector, the ship does not have on board a valid inventory of hazardous materials or certain hazardous materials are installed or used on the ship in a manner contrary to the Annex I control measures (as defined in regulation 2). Regulation 8 also provides for a criminal offence for failing to comply with a detention notice.

Regulation 9 provides for offences in relation to United Kingdom ships or ships of other member States (including a ship of an EEA state).

Regulation 10 provides for offences in relation to ships that are not United Kingdom ships or ships of other member States.

Regulation 11 makes supplementary provision in connection with regulations 9 and 10.

Regulation 12 gives a power to the Secretary of State to appoint an inspector for the purposes of regulation 8 (detaining a ship to which Part 1 of the Merchant Shipping (Port State Control) Regulations 2011 does not apply) or investigating whether an offence under regulation 9 or 10 has been committed. It confers, by reference to provisions of the Merchant Shipping Act 1995, powers on an inspector and provides for criminal offences in connection with those powers.

Regulation 13 makes clear that the definition of “the European List” which is used in the Ship Recycling Facilities Regulations 2015 (S.I. 2015/430) is that list as it is updated from time to time.

Regulation 14 imposes a requirement to review these Regulations.

An impact assessment of the effect that these Regulations will have has been made. A copy of this impact assessment is available from the Department for Transport, Great Minster House, 33 Horseferry Road, London, SW1P 4DR. It is also published alongside these Regulations and their Explanatory Memorandum at www.legislation.gov.uk.