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 (Text with EEA relevance)

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Article 12U.K. [F1other than United Kingdom ships]

1.Subject to point (b) of Article 32(2), when calling at a port or anchorage F2..., a ship [F3other than a United Kingdom ship] shall have on board an inventory of hazardous materials that complies with Article 5(2).

Notwithstanding the first subparagraph, access to a specific port or anchorage may be permitted by the relevant authority F4... in the event of force majeure or overriding safety considerations, or to reduce or minimise the risk of pollution or to have deficiencies rectified, provided that adequate measures to the satisfaction of the relevant authority F5... have been implemented by the owner, the operator or the master of the ship to ensure safe entry.

2.The installation of hazardous materials referred to in Annex I on ships [F6 other than United Kingdom ships], whilst in a port or anchorage [F7in the United Kingdom], shall be prohibited or restricted as specified in Annex I.

The use of hazardous materials referred to in Annex I on ships [F6 other than United Kingdom ships], whilst in a port or anchorage [F7in the United Kingdom], shall be prohibited or restricted as specified in Annex I, without prejudice to the exemptions and transitional arrangements applicable to those materials under international law.

3.[F8In respect of ships other than United Kingdom ships, the] inventory of hazardous materials shall be specific to each ship, be compiled taking into account the relevant IMO guidelines and serve to clarify that the ship complies with paragraph 2 of this Article. When the inventory of hazardous materials is developed it shall identify, at least, the hazardous materials listed in Annex I. A plan shall be established by the ship F9... describing the visual/sampling check by which the inventory of hazardous materials is developed taking into account the relevant IMO guidelines.

4.The inventory of hazardous materials shall be properly maintained and updated throughout the operational life of the ship, reflecting new installations containing any hazardous materials referred to in Annex II and relevant changes in the structure and equipment of the ship, taking into account the exemptions and transitional arrangements applicable to those materials under international law.

5.A ship [F10other than United Kingdom ships] may be warned, detained, dismissed or excluded from [F11United Kingdom ports or offshore terminals] in the event that it fails to submit to the relevant authorities F12... a copy of the statement of compliance in accordance with paragraphs 6 and 7, together with the inventory of hazardous materials, as appropriate and on request from those authorities. [F13Where a United Kingdom relevant authority takes such action, the Secretary of State must immediately inform the relevant authorities of the country whose flag the ship concerned is flying.] Failure to update the inventory of hazardous materials shall not constitute a detainable deficiency, but any inconsistencies in the inventory of hazardous materials shall be reported to the relevant authorities of the F14... country whose flag that ship is flying.

6.The statement of compliance shall be issued after verification of the inventory of hazardous materials by the relevant authorities of the F15... country whose flag the ship is flying or an organisation authorised by them, in accordance with the national requirements. The statement of compliance may be modelled on the basis of Appendix 3 to the Hong Kong Convention.

7.The statement of compliance and the inventory of hazardous materials shall be drawn up in an official language of the issuing relevant authorities of the F16... country whose flag the ship is flying and where the language used is not English, French or Spanish, the text shall include a translation into one of those languages.

7A[F17In 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.]

8.Subject to point (b) of Article 32(2), [F18a non-United Kingdom flagged ship applying to be registered under the flag of the United Kingdom] shall ensure that an inventory of hazardous materials, as provided for in Article 5(2), is kept on board or is established within six months of the registration F19... or during any of the next surveys under Article 8(3), whichever comes first.

Textual Amendments

F1Words in Art. 12 heading substituted (31.12.2020) by The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/277), regs. 1, 6(11)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2Words in Art. 12(1) omitted (31.12.2020) by virtue of S.I. 2019/277, reg. 6(11)(aa)(i) (as inserted 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))

F3Words in Art. 12(1) substituted (31.12.2020) by S.I. 2019/277, reg. 6(11)(aa)(ii) (as inserted 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))

F4Words in Art. 12(1) omitted (31.12.2020) by virtue of S.I. 2019/277, reg. 6(11)(ab)(i) (as inserted 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))

F5Words in Art. 12(1) omitted (31.12.2020) by virtue of S.I. 2019/277, reg. 6(11)(ab)(ii) (as inserted 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))

F6Words in Art. 12(2) substituted (31.12.2020) by The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/277), regs. 1, 6(11)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F7Words in Art. 12(2) substituted (31.12.2020) by The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/277), regs. 1, 6(11)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F8Words in Art. 12(3) substituted (31.12.2020) by The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/277), regs. 1, 6(11)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F9Words in Art. 12(3) omitted (31.12.2020) by virtue of The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/277), regs. 1, 6(11)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F10Words in Art. 12(5) substituted (31.12.2020) by The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/277), regs. 1, 6(11)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F11Words in Art. 12(5) substituted (31.12.2020) by The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/277), regs. 1, 6(11)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)