Exiting the European Union (Merchant Shipping)

Jim Shannon Excerpts

Tuesday 10th November 2020 Commons Chamber

[The Parliamentary Under-Secretary of State for Transport (Rachel Maclean)]

I beg to move,

That the draft Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2020, which were laid before this House on 15 October, be approved.

The United Kingdom has already introduced European Union exit legislation on ship recycling. Last year, we laid the Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019 to ensure that legislation in this area would remain legally operable once the UK had withdrawn from the EU. The agreement on the UK’s withdrawal from the EU includes a protocol on Ireland and Northern Ireland to address the unique circumstances on the island of Ireland. A provision in article 5(4) of the protocol and annex 2 specify that certain provisions of EU law will apply in respect of Northern Ireland. The EU ship recycling regulation is one such provision listed in the protocol and, as a consequence, will have some effect on ship recycling facilities in Northern Ireland.

The EU ship recycling regulation transposed key parts of the Hong Kong convention on the recycling of ships into EU law. The provisions apply to ship recycling facilities in the EU and to EU flagged ships above 500 gross tonnes. The main provisions of the EU regulation have applied since 31 December 2018 and include rules about authorising and permitting ship recycling facilities, requirements needed for the EU to record a facility on its list of approved facilities—the European list—and a requirement that all EU flagged ships must be recycled at an approved ship recycling facility, according to a certified ship recycling plan.

The EU regulation also requires that all new EU flagged ships must carry a valid inventory of hazardous materials and that existing EU flagged ships and ships registered to non-EU countries calling at European ports must carry an inventory of hazardous materials by the end of 2020. Under the 2019 regulations, EU flagged ships would need to use an approved ship recycling facility on a United Kingdom list of approved facilities instead of the EU’s list. The 2019 regulations also ensure that necessary functions of the EU Commission are transferred to the Secretary of State.

The draft regulations will amend the 2019 regulations made under the European Union (Withdrawal) Act 2018, which in turn amended the retained EU ship recycling regulation and the Ship Recycling Facilities Regulations (Northern Ireland) 2015, to make two substantive changes. First, the regulations amend provisions that affect ship recycling facilities in Northern Ireland to reflect our obligations under the Northern Ireland protocol. In particular, the regulations will

“require the joint competent authority for ship recycling facilities in Northern Ireland to notify the Secretary of State of any change of circumstances”

concerning their facilities. The Secretary of State must

“notify the European Commission of any change of status regarding ship recycling facilities in Northern Ireland”,

and the regulations prevent ship recycling facilities in Northern Ireland that are not on the European Union list of approved facilities from recycling EU-flagged vessels. The impact of the protocol means that existing arrangements for those facilities will remain the same after the implementation phase.

[Jim Shannon (Strangford) (DUP)]

I would like a point clarified. The Minister referred to Northern Ireland and the protocol, and to the change and differences that there will be between there and the mainland. What discussions have taken place with the Northern Ireland Executive and Ministers there, so that we have clarity for them and for us all?

[Rachel Maclean]

I thank the hon. Gentleman for his intervention. We have been in dialogue with the Northern Ireland Executive and they are content with the regulations.

The draft regulations will incorporate requirements on existing UK ships and non-UK ships calling at UK ports to carry an inventory of hazardous materials. Ships typically contain quantities of hazardous materials ,and by the end of 2018, EU ship recycling regulations already required new ships to carry a list of those hazardous materials. Existing ships must also carry such a list from 31 December 2020.

Ensuring the safe and environmentally sound dismantling and recycling of ships at the end of their operational life has been a concern for a number of years. Many ships are currently dismantled on beaches in Asia, with little regard for human safety or protection of the environment. It is important that we continue to have an effective ship recycling regime that protects public health and the environment. The changes in this instrument will ensure that environmental law continues to function at the end of the implementation phase. The draft regulations are a vital part of demonstrating that the UK is implementing its commitments under the Northern Ireland protocol. They are fully supported by Government, and I commend them to the House.