The Environment Council of the European Union has had an orientation debate on the proposal for a regulation on ship recycling (8151/12). The aim is to significantly reduce the negative impacts linked to the recycling of EU-flagged ships, especially in South Asia, without creating unnecessary economic burdens.
The proposed regulation will facilitate an early implementation of the requirements of the Hong Kong Convention for the Safe and Environmentally Sound Recycling of Ships, which was adopted in May 2009 under the International Maritime Organization but has not yet entered into force.
Effectiveness, Enforceability and Competitiveness
On the basis of a set of questions prepared by the Presidency (14540/12), ministers were asked to discuss in particular the effectiveness and enforceability of the proposed regulation, and its relation to the competitiveness of EU flags; the possibility to introduce or not introduce additional requirements beyond the Hong Kong Convention and the detailed provisions on penalties, access to justice and enforcement contained in the proposal.
Thorny Issues
Many ministers generally welcomed the proposed regulation as a tool to promote the timely implementation of the Hong Kong Convention. Some of them, however, expressed serious concerns as to the appropriateness of regional measures in the current situation, where the Convention is not yet in force, and the possible consequences for the European fleet. Additionally, it was underlined that work has to continue on legally sound and enforceable solutions for some of the thorny issues raised in this complex proposal.
Consistency and Clarity
In relation to the second question, most ministers emphasised the need for consistency of the draft regulation with the Hong Kong Convention and in particular for clear rules on the future review of the Regulation, once the Convention enters into force.
Penalties Left to Member States
Finally, many ministers pointed out that they consider it not appropriate to include specific provisions on access to justice in the draft regulation as these are already covered by the existing EU legislation or to specify measures on penalties, which are best left to member states.
