This study provides an in-depth analysis of the Hong Kong Ship Recycling Convention as adopted in May 2009 and a thorough analysis of the overall status quo of ship recycling regulations. It investigates the lack of sufficient ratifications of the Convention from both a legal and an economic perspective. The first part of the study focuses on the history of the Convention’s entry-into-force provision and the rationale behind it. Due to the fact that this provision provides a considerable additional obstacle to the Convention’s becoming legally binding, in the second part the focus of the work shifts to unilateral action in this field. An overview of the legal environment of European ship recycling legislation is followed by an analysis and evaluation of a number of proposals by the European Commission attempting to tackle the problems of current ship recycling procedures. With a particular emphasis on (planned) European measures in this regard, the analysis’ overall message is one of cautious optimism.

This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. In this authoritative book, Ioanna Hadjiyianni and Kleoniki Pouikli incisively map out the regulatory landscape of ship recycling, exploring the main international and European regulatory approaches that govern its environmental impacts. In light of the transnational demands of environmental justice, they critically assess the interaction between multiple regimes from the perspective of key environmental principles and the EU’s attempts to steer regulatory developments in this field.

Enabling power: European Communities Act 1972, s. 2 (2) & Finance Act 1973, s. 56 (1). Issued: 06.11.2018. Sifted: -. Made: 30.10.2018. Laid: 01.11.2018. Coming into force: 31.12.2018. Effect: S.I. 2015/430; 2011/2601 amended. Territorial extent & classification: E/W/S/NI. General. EC note: 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.

Enabling power: European Union (Withdrawal) Act 2018, ss. 8 (1) (2), sch. 7, para. 21. Issued: 05.12.2018. Sifted: -. Made: -. Laid: -. Coming into force: In accord. with reg. 1. Effect: S.R. 2003/493; 2015/430; 2018/1122 amended. Territorial extent & classification: E/W/S/NI. EC note: These Regulations are made in order to address failures of retained EU law. The amendments are made to legislation imposing requirements relating to ship recycling, and the authorisation of ship recycling facilities. Part 1 amends secondary legislation and Part 2 amends an EU Regulation (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, the EU Regulation') and three EU Decisions. For approval by resolution of each House of Parliament

Old ships can have a useful and profitable new life as scrap metal. EU rules aim to change current ship recycling practices to make them greener and safer, protecting both the environment and people. The EU Ship Recycling Regulation is a European solution for responsible business, applying from January 2019. The Regulation implements the 2009 Hong Kong International Convention on ship recycling, which is not yet in force. Governments are still working on ratification. In the meantime, the EU is leading the way. The Regulation is a model for ship recycling around the world. The only instrument of its kind, it has prompted improvements for ships and yards well beyond the EU. Building on the achievements of this Regulation, the EU will continue to pursue an ambitious approach to ship recycling, at home and globally.

Regulation (EU) No 1257/2013, also referred to as the Ship Recycling Regulation (SRR), entered into force on 30 December 2013. To address concerns over its efficacy, as the Regulation only requires sound recycling for EU flagged ships, a criterion that can easily be circumvented through timely re-flagging to a non-EU flag, the possibility for the European Commission to create a financial incentive is provided in Article 29 of the SRR, stating that the Commission shall report before the end of 2016 on "the feasibility of a financial instrument that would facilitate safe and sound ship recycling". To be effective, a proposed financial instrument must be capable of inducing a change in behaviour on the part of ship owners towards the recycling of their ships in compliance with the SRR. Various options have been considered for such a financial instrument in previous studies, but an earlier proposal based on these to the European Parliament was rejected. This study proposes an alternative financial incentive instrument based on the introduction of a Ship Recycling Licence required for the entry to EU ports, connected with fees that serve capital accumulation with the aim to cover the revenue gap between sound and unsound recycling.