The EU Regulation on ship recycling, interaction and tension between different legal regimes at global and regional levels

The European Union (EU) Regulation 1257/2013 on ship recycling is the only international mandatory instrument currently in force aimed specifically at ship recycling. It aims to contribute to the quick implementation of the legal regime outlined in the Hong Kong Convention, adopted under the auspices of the International Maritime Organization in 2009, thus fostering its entry into force at the global level. At the same time, in order to avoid the risk of a duplication of requirements applicable to ships destined to be recycled, the EU Ship Recycling Regulation exempts ships falling under its scope from the provisions of the EU Shipments of Waste Regulation; this choice raises questions with reference to EU's obligations under the Basel Convention. The chapter intends to analyze the new Regulation in the perspective of its interaction with existing international instruments at the global level. The EU legislation on ship recycling is framed by several international instruments concerning mainly two issues, the protection of the marine environment and the transboundary movement of waste. In particular, its capability to promote the ratification of the Hong Kong Convention and hasten its entry into force is assessed, also taking into consideration that the Regulation provides for some requirements that are stricter than those foreseen by the Convention and that a few of its provisions also have a binding effect on foreign ships visiting EU ports. On the other hand, possible conflicts with the Basel Convention regime on the control of transboundary movements of hazardous wastes are examined.