Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2020

Lord McNicol of West Kilbride Excerpts

Wednesday 18th November 2020 Grand Committee

[The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)]

My Lords, these draft regulations will be made under the European Union (Withdrawal) Act 2018 in order to give effect to the Northern Ireland protocol in the withdrawal agreement.

The United Kingdom has already introduced European Union exit legislation on ship recycling. The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019, approved by your Lordships’ House on 29 January 2019, will come into force at the end of this year. The purpose of these regulations is to ensure that our retained legislation on ship recycling will continue to be legally operable, and to transfer functions from the European Commission to the Secretary of State.

The regulations before the Committee today are necessary to implement the Northern Ireland protocol, which addresses the unique circumstances on the island of Ireland. The Northern Ireland protocol includes provisions in Article 5 which specify that certain provisions of EU law will apply in respect of Northern Ireland. The EU ship recycling regulation is one of the provisions listed in Annexe 2 of the protocol. As a consequence, EU law will affect ship recycling facilities in Northern Ireland.

The EU ship recycling regulation transposed key parts of the Hong Kong convention on recycling of ships into EU law. The provisions apply to ship recycling facilities in the EU and to EU-flagged merchant ships above 500 gross tonnes. They do not apply to military vessels.

The main provisions of the EU regulation have applied from 31 December 2018 and include: rules about the authorisation and permitting of ship recycling facilities; the steps EU and non-EU ship recycling facilities should take if they want to be listed in the EU’s approved list of ship recycling facilities, known as the European list; a requirement that all EU-flagged ships must be recycled at an approved ship recycling facility, according to a certified ship recycling plan; and a requirement that all new EU-flagged ships must carry a valid inventory of hazardous materials. The EU regulation also requires existing EU-flagged ships, as well as non-EU flagged ships calling at European ports, to carry an inventory of hazardous materials by the end of 2020.

The new draft regulations amend the 2019 exit regulations. This in turn amends the retained EU ship recycling regulation and devolved legislation which affects Northern Ireland. I stress at this point that we have consulted Ministers in the Northern Ireland Executive about the changes to the draft regulations, and they have given their consent.

This instrument makes two substantive changes. First, it amends the provisions affecting ship recycling facilities in Northern Ireland to reflect our obligations under the Northern Ireland Protocol. In particular, it prohibits facilities not on the EU’s approved European list from recycling EU-flagged ships, and it requires competent authorities in Northern Ireland to notify the Secretary of State about any change in the authorisation or permitting status of their facilities. It also requires the Secretary of State to notify the European Commission of any such changes.

The impact of the protocol means that the existing arrangements for Northern Ireland facilities will remain the same at the end of the implementation period. Facilities in Northern Ireland will remain listed in Part A of the European list, which covers facilities located in the EU and in the European Economic Area. Secondly, the draft regulations will incorporate changes to reflect the fact that, by the end of this year, existing UK ships and non-UK ships calling at UK ports must carry an inventory of hazardous materials. This is a welcome development, because new ships are already required to carry a certified inventory. Applying this provision to existing ships should result in a more coherent and complete regime for the safe and environmentally sound recycling of ships.

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 for the environment. It is important, therefore, that we continue to have an effective ship recycling regime, which protects public health and the environment.

The changes introduced by this instrument will ensure that environmental law continues to function at the end of the transition period and demonstrates that the UK is implementing its commitments under the Northern Ireland protocol. I commend these regulations to the Committee.

[The Deputy Chairman of Committees (Lord McNicol of West Kilbride) (Lab)]

The noble Lord, Lord Berkeley, has withdrawn, so the next speaker is the noble Lord, Lord Bradshaw.

--- Later in debate ---

Motion agreed.

[The Deputy Chairman of Committees (Lord McNicol of West Kilbride) (Lab)]

The Grand Committee stands adjourned until 3.45 pm. I remind Members to sanitise their desks and chairs before leaving the Room.