Informace o publikaci
Kapitáne, kam s tou lodí: Co znamenají unijní požadavky na recyklaci lodí pro další směřování odpadové legislativy?
| Autoři | |
|---|---|
| Rok publikování | 2020 |
| Druh | Článek ve sborníku |
| Konference | Zborník z XXI. ročníka Medzinárodnej vedeckej česko-poľsko-slovenskej konferencie práva životného prostredia |
| Fakulta / Pracoviště MU | |
| Citace | |
| www | Open access sborníku |
| Klíčová slova | ship recycling; waste; European Union; Ship Recycling Regulation; Waste Shipment Regulation; Hong Kong International Convention; Basel Convention |
| Popis | The paper focuses on the Regulation (EU) No 1257/2013 of the European Parliament and of the Council on Ship Recycling (SRR) which will be fully applicable from 31st December 2020. The article focuses mainly on the scope of the SRR, the obligations arising from this legislation for shipowners, ship recycling facilities and the Member States, and the problems that may occur in its application. The paper emphasises the role the European shipowners play in the ship recycling business which leads to large ships broken up and recycled in South Asia, frequently done under deplorable conditions in terms of work safety and protection of the environment. Ships which became waste, and which are subject to a transboundary movement for recycling are regulated by the Basel Convection, implemented in the EU through the Waste Shipment Regulation (WSR). However, these instruments, and the related mechanism for monitoring and enforcement, are not adapted to the specificities of ships and international shipping. This recognition prompted the adoption, in 2009 under the auspices of the International Maritime Organization, of the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships. The SRR was adopted to facilitate the early ratification of the Hong Kong Convection both within the Union and in third countries by applying proportionate controls to ship and ship recycling facilities. In particular, it introduced the obligations of all EU-flagged large ships and the ship recycling facilities despite their location to meet the EU requirements in order to recycle a ship flying under the EU flag. Furthermore, the installation or use of hazardous materials, including certain anti-fouling compounds and systems, on vessels covered under the SRR, is prohibited. An inventory of hazardous materials must be kept on board of new ships as well as, as far as practicable, of existing ships and ships going for recycling. Prior to recycling, this inventory should be completed by a list of any hazardous materials on board. The SRR has also introduced several novelties. Most notably, the Member States are encouraged to lay down rules on penalties applicable to infringements of the SRR, which may be of a civil or administrative nature. Moreover, if there is a breach of the obligations of the ship recycling facility, natural or legal persons affected or likely to be affected by such breach are entitled to request the Commission to take action directly. The authors note that the SRR gained the attention of the yards in India, Turkey and other third countries. In this respect, it significantly contributes to the introduction of a global ship recycling regime and thus to the protection of the environment outside the territory of the Member States. Several indications suggest that this adjustment could be successful. Third countries can seize the opportunity to modernise their facilities with a perspective of attracting EU shipowners who control around 40 % of the world's merchant fleet. Simultaneously, the countries heavily affected by the negative impacts of ship recycling are likely to cease tolerating foreign ships beached on their territory. And most importantly, any attempts of the shipowners flying the flag of an EU Member State to avoid obligations stemming from the SRR should get under the scrutiny of the official authorities. |