Brussels sends back the decision on the financial institution of an instrument that easy the recycling of the ships sure and compatible with the atmosphere



In recent days the EU commission has introduced own relation to the Parliament and the Council of the EU on the financial possibility to institute an instrument finalized to facilitate the recycling of the ships sure and compatible with the atmosphere. The appraisal of the financial possibility to institute an appropriate mechanism applicable to all the ships that scale the ports of the European Union was entrusted by the regulations EU 1257/2013 on the recycling of the ships to the Commission, to which it was asked, if it had considered it necessary, to equip such appraisal with a legislative proposal ( on 22 October 2013). The Commission has concluded its relation deciding a dismissal of the examination of the necessity of the eventual financial creation of an appropriate instrument.

The decision is not received with favor from NGO Shipbreaking Platform, coalition of not governmental organizations that take care of the safeguard of the human rights, the job and the atmosphere, that it has invited the European Union to act quickly, "since - it has evidenced the NGO - are determined that the shipowners will be able to simply go around with facility the regulations of the EU on the recycling of the ships changing to the flag of their ship with that of an extra State EU", practical that - it has evidenced the coalition - is absolutely already diffused.

In its relation the EU commission has remembered that the regulations on the recycling of the ships of 2013 introduce a clear sequence of instruments. The main instrument, with a calendar for its institution and an established correlated series of obligation in the text of the regulations, is the European directory of the systems of recycling of the ships. From a sure date in then, to more late on December 31, 2018, the ships clappers flag EU could be recycled single near the consistent systems that figure in such directory. A first list of 18 systems with center in the EU is published last December ( on 22 December 2016). Moreover beginning from the 2017 systems with center can be added to the directory ulterior to out of the EU.

To article 29 and considering the 19 of the regulations on the recycling of the ships financial institution as measure of emergency against eventual risks of elusione of the European directory alludes second to potential an instrument of nature, elusione that - as NGO Shipbraking Platform has remembered - would consist in the fact that the ships can resort to flags of States to out of the EU in order facilitating the dismantling in a yard do not anticipate in the European directory. The financial incentive would have exactly the scope to cancel the difference in terms of profit between the dismantling in not consistent yards to the rules and that in yards that figure in the European directory.

In its relation the Commission has made the point on the state of the studies on a potential institution of an appropriate instrument of financing. In forecast of the adoption of the convention of Hong Kong - it is remembered -, already an instrument was taken in financial consideration. A study of 2005 had asked the institution for a "bottom for the recycling of the ships" which to entrust the task to collect taxes and to distribute deep for a demolition of the ships compatible with the atmosphere. Such study had considered also the institution of a "life insurance obligatory" in order to cover the costs of a clean recycling. Following a various approach, in its article on the technical cooperation the convention of Hong Kong contains a clause for "financings" based on voluntary contributions. The clause does not make reference the principle "who pollutes wage". Al of out of the EU - it has specified moreover the Commission - China has introduced in a 2013 regime financial arranged for the construction and the recycling of the ships clappers Chinese flag, that it is renewed in 2016. At last in December the 2014 Commission, in order to manage own relation, had commissioned to the consortium constituted from Ecorys, DNV-GL and Erasmus School of Law an appropriate published study last june in which various options estimated in studies are discarded precedence and that instead it characterizes a new option: the licence of recycling of the ships.

The principles key of such licence preview that the ships that they land in the ports of the EU for example obtain preventively a licence from a cetralized agency (a already existing European Agency), licence that would be shaped as a public instrument of administrative nature. Moreover in the present the licence question the shipowners would have to pour a contribution that would go to cover an administrative burden of small entity (0.8%) and a destined prize to single ship (99.2%). The collected prize would depend on the vital amount of the necessary one in order to at the end overwhelm the difference financial between the dismantling in a yard not in compliance with the rules and the dismantling in a yard inserted in the European directory of the life-cycle of the ship. The prize would depend also from the time interval on hand in order to accumulate the capital. The amount total of the capital would be paid the final owner of the ship on condition that the ship is sent to a system of recycling included in the European directory. The penalty in order not to have opted for a system included in the European directory would be the seizure of the matured capital.

The option of the licence of recycling of the ships previews moreover that, to the aim to avoid a disproportionate system regarding the ships that land with a frequency much elevated or much lowland in the ports of the EU, the licence would have to be valid for a determined period of time rather than for a sure number of landings place, for which a licence of a month it would be more economic than a licence smaller anniversary but it would give rise to a right concerning the fine payment to life.

In the conclusions of own appraisal the EU commission, also recognizing "the merits of a potential licence of recycling of the ships, than - it has specified Brussels - represents the studied more promising option up to now", it has specified of being "however aware of the fact that a series of issues merits an ulterior analysis, also regarding the financial compatibility of such potential instrument with the international norm EU and".

The EU commission has concluded therefore that, "coherently with the gradual approach described for the first time in the communication of the Commission of 2008 and in the appraisal of impact of 2012, and resumed then in the definitive text of the regulations on the recycling of the ships, the necessity of ulterior measures in matter of financial incentives will be reexamined in a subsequent phase, based on an analysis of I use it and of the effects of the European directory of the systems of recycling of the ships".

NGO Shipbreaking Platform has exhorted instead the EU commission not to attend to exclusively estimate the effects of the effectiveness of it obligation of money laundering of the ships in the enclosed systems of the European directory of the plants authorized to the recycling of the ships, but to take instead in consideration the institution of the licence of recycling of the ships. "The enormous benefit of this instrument of the licence - Ingvild Jenssen has explained directed of the coalition, - is that it will apply also to the ships with flag not EU, that it means that the scope of the regulations EU on the recycling of the ships will be very more wide one and will truly represent a pulling ahead force of the change of the industry of the shipping".

"Those shipowners who already make cargo responsibly of their fleet which reached fine life - have concluded Jenssen - they would have to support the proposal of the licence of recycling of the ships since he will create fair conditions assuring that also their competitors pay the price of a clean and sure recycling of the ships".