The Ship Recycling Facilities Regulations 2015

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement certain aspects of Regulation (EU) No 1257/2013 of the European Parliament and of the Council on ship recycling (OJ No L 330, 10.12.2013, p 1) (“the EU Regulation”) relating to ship recycling facilities located in England, Scotland and Wales. The EU Regulation implements the Hong Kong International Convention for the safe and environmentally sound recycling of ships (“the Convention”). The Convention, once it is in force, will set global standards for ship recycling.

Articles 13 and 14 of the EU Regulation establish requirements for ship recycling facilities that recycle ships within its scope. Once the EU Regulation applies, ships sailing under the flag of a member State that exceed 500 gross tonnes (excluding warships and naval auxiliary or other ships owned or operated by the member State and used on government non-commercial service) will only be able to be recycled at a facility if it is included on the European List of facilities established under the EU Regulation. These Regulations provide for facilities located in England, Scotland or Wales to be authorised in accordance with the EU Regulation so that they may be added to the European List.

Regulation 3 designates the Health and Safety Executive and the relevant environmental regulator as joint competent authorities for the purposes of the EU Regulation.

Regulation 4 provides for authorisation of facilities. Ship recycling facilities already require authorisation as they are regulated as waste operations under Directive 2008/98/EC of the European Parliament and of the Council on waste (OJ No L 312, 22.11.2009, p 3). Permits for ship recycling facilities that wish to accept ships within the scope of the EU Regulation will need to contain conditions that ensure compliance with the EU Regulation. This means that the permit will also relate to health and safety matters. Any decision by the relevant environmental regulator to exercise a function in relation to health and safety matters will be taken jointly with the Health and Safety Executive. It will also be possible to suspend these permits where there is serious risk to health and safety.

Regulation 5 makes provision for the application of the Health and Safety at Work etc. Act 1974 to apply in respect of Articles 13 and 14 of the EU Regulation as if they were health and safety regulations for the purposes of that Act.

Regulation 6 provides for fees payable to the Health and Safety Executive. Fees payable to the relevant environmental regulator will be recovered under existing charging schemes.

Regulation 7 provides for the notification of facilities to be included on the European List. It also ensures that facilities that are currently authorised to recycle ships will only be authorised to accept ships within the scope of the EU Regulation if their existing permit has been brought into line with its requirements.

Regulation 8 provides for the Secretary of State to review the operation and effect of these Regulations and publish a report within five years of their coming into force.

An impact assessment has not been produced for these Regulations as no significant impact on the costs of business or the voluntary sector is foreseen. The Explanatory Memorandum is published alongside the instrument on www.legislation.gov.uk.