[ParlTrack]

Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)

(20a) 'financial guarantee' means a deposit of funds, a mortgage on a shipowner's property, or another notarised commitment to payment of funds as required by a Member State competent authority to a sufficient amount to cover the costs incurred for compliance with the end-of-life recycling provisions in this Regulation.

2012/12/20
Committee: ENVI

Chris DAVIES

Proposal for a regulation
Article 5 b (new)

Article 5b Financial guarantee 1. By way of derogation from Article 5a, all Union and non-Union flagged vessels calling at a port or anchorage within a Member States' territory shall be exempted from payment of the ship recycling fee if they are in possession of a financial guarantee covering the costs incurred for complying with the end-of- life recycling provisions in this Regulation. 2. The financial guarantee can be a deposit of sufficient funds or a mortgage on the ship owner's property. 3. Payment of the financial guarantee may be required by the Member State competent authority in cases where the ship is not recycled in conformity with this regulation. This includes cases: (a) where the ship recycling process cannot be completed as intended; and (b) where the ship recycling process does not take place in a European list designated facility. 3. The financial guarantee shall be established by the ship owner or by another natural or legal person on his behalf within one year of the coming into force of this Regulation. 4. The flagged vessel's competent authority shall approve the financial guarantee, including the form, wording and amount of the cover. 5. The financial guarantee shall be released when the competent authority concerned has received a certificate attesting to the ship's having been successfully recycled in a European list designated facility. 6. The competent authority within the Community which has approved the financial guarantee shall have access thereto and shall make use of the funding, including for the purpose of payments to the maintenance of ship recycling facilities on the European list within its jurisdiction. 7. The collected penalty fees shall be added to the European recycling fee fund. 8. Member States shall inform the Commission of provisions of national law adopted pursuant to this Article.

2012/12/20
Committee: ENVI

Chris DAVIES

Proposal for a regulation
Article 7 a (new)

Article 7a Intent to recycle At least two months prior to the intended recycling, the ship owner shall notify the European list ship recycling facility of his intent. The facility shall finalise and approve the ship recycling plan and notify the relevant competent authorities. In cases where the ship owner has not maintained an up-to-date ship recycling plan or hazardous materials inventory, the ship recycling facility shall notify the competent authorities. The shipowner may then be required to make a payment in accordance with Article 5 on the financial guarantee.

2012/12/20
Committee: ENVI

Chris DAVIES

Proposal for a regulation
Article 9 – paragraph 3 – point b

(b) to provide the ship recycling facility with all the ship-relevant information necessary for the development of the ship recycling plan required by Article 7, or in cases where the ship owner is not in possession of such information, to inform the ship recycling facility and collaborate with them to ensure that any lacunae are adequately resolved;

2012/12/20
Committee: ENVI

4 Amendments of Chris DAVIES related to 2012/0055(COD)

ParlTrack - 2011-2024