The European Commission highlighted that the upcoming Brexit implementation means that all EU primary and secondary law will cease to apply to the UK from 30 March 2019, unless a ratified withdrawal agreement establishes another date. The United Kingdom will then become a ‘third country’, which affects, among others, the EU Regulation on ship recycling.
Subject to any transitional arrangement that may be contained in a possible withdrawal agreement, the EU rules on ship recycling, and in particular Regulation (EU) No 1257/2013 of the European Parliament and of the Council of 20 November 2013 on ship recycling no longer apply to the UK, the Commission underlined.
The Commission notes the following:
- According to Article 6(2)(a) of Regulation (EU) No 1257/2013, owners of ships flying the flag of a Member State shall ensure that ships destined to be recycled are only recycled at ship recycling facilities that are included in the European List of ship recycling facilities (‘the European List’).
- As of the withdrawal date, the entries in the European List of ship recycling facilities for facilities located in the United Kingdom will become void.
- As a consequence, ships flying the flag of a Member State of the EU may no longer be recycled at these ship recycling facilities.
- The above is without prejudice to the possibility for the Commission to list facilities located in third countries in the European List in accordance with Article 16 of Regulation (EU) No 1257/2013.
Preparing for the withdrawal is not just a matter for EU and national authorities but also for private parties. In view of the considerable uncertainties, on the content of a withdrawal agreement, relevant stakeholders are reminded of legal repercussions, which need to be considered when the United Kingdom becomes a third country.
Meanwhile, negotiations are ongoing with the United Kingdom with a view to reaching a withdrawal agreement.
