The Hong Kong Convention, EU regulation and outstanding legal issues in various states

What does the entry into force of the HKC mean in practice? The SR Regulation and WS Regulation still apply as EU regulations and must continue to be observed by owners. Just because an SRF complies with the requirements of the HKC, a violation of the SR Regulation (for example, an EU-flagged ship is dismantled by a SRF that is not on the European list) or the WS Regulation (a ship with non-EU flag is transferred from the EU to another country) may still apply. Also, the buyer’s obligation in a “scrapping MoA” to recycle a ship according to the HKC does not release the owner from his obligations under EU rules.
It is interesting to note that some EU member states have not yet enacted, or only partially enacted, criminal laws to sanction violations of EU rules. While Denmark severely punishes violations of the SR Regulation and WS Regulation with imprisonment of up to two years, France only punishes violations of the SR Regulation with imprisonment of up to two years. If a French-owned vessel flies a non-EU flag and “only” violates the WS Regulation, it is only punished with a fine of up to €3,000, a much lesser deterrent. Germany has not done its homework either. Violating the WS Regulation is punishable according to § 18a AbfallVerbrG with up to five, possibly even 10 years. For ships with an EU flag, however, the SR Regulation applies, superseding the WS Regulation. In such cases, those involved will probably go unpunished as Germany has not yet enacted a criminal law for violating the SR Regulation.
Perhaps most startling in Germany is the dispute concerning the member state of the EU from which a ship shipped for scrapping. Hamburg senior public prosecutor Elsner argues that it is sufficient for a ship to be transferred from any EU member state for it to be punishable under § 18a AbfVerbrG, at least if the purchase contract was concluded in Germany (Elsner, NStZ 2023, 135, 138).
According to an opposing opinion, § 18a AbfVerbrG requires that ships qualifying as waste be taken out of German waters (Altenburg/Kremer, wistra 2023, 133, 139f.). This opposing opinion is coherent, as, according to § 1 no. 1 AbfVerbrG, the German Waste Shipments Act only applies to shipments of waste “to, from or through the territory of the Federal Republic of Germany” (Altenburg/Kremer, loc. cit.). Moreover, there is no need for prosecution in Germany as things currently stand: if all EU member states fulfil their obligation to introduce criminal laws in case of violation of the SR Regulation or WS Regulation, prosecution in the EU is guaranteed. However, as long as the issue is not clarified by the courts, owners should not rely on the opposing opinion.
It is also noteworthy that Bangladesh and India, as recycling states, are parties to the HKC, but not Pakistan. Ships can still be recycled there without regulation. After initial discussions in Pakistan about joining the HKC, interest in doing so to have died down recently.
The entry into force of the HKC is a big step in the right direction. However, even after it comes into force, the legal framework will remain confusing and complex.
Source: Watson Farley & Williams
Related News.
September 3, 2026
Cyprus Maritime Innovation takes Centre Stage at SMM Hamburg 2026
Underscoring its expanding role as a premier international hub for cutting-edge maritime technology and sustainable shipping, the Republic of Cyprus…
September 3, 2026
Trump seeks to refill US oil reserve with Venezuela deal but faces long delay
U.S. President Donald Trump said on the 30th (local time) that he would refill the U.S. Strategic Petroleum Reserve, which has been depleted with…
September 3, 2026
US Navy Official visits South Korean Shipyards in private
With U.S. President Donald Trump pushing a plan to allow overseas construction of U.S. warships, attention is focusing on whether the building of…
September 3, 2026
SES and De Boer Marine expand collaboration with FlexMaritime deployment across Global Markets
SES, a leading space solutions company, and De Boer Marine, a leading provider of top-quality marine equipment and maritime connectivity services,…
September 3, 2026
New ESG guidance to help maritime industry turn sustainability into commercial advantage
New framework helps shipowners and ports align ESG strategy with access to capital, charterer expectations and long-term asset value. Maritime…
September 3, 2026
Britannia P&I Club analysis finds four in five crew deaths linked to illness rather than accidents
New report highlights cardiovascular disease as leading cause of fatalities and raises concerns over mental health risks among younger seafarers.…
September 3, 2026
The Swedish Club launches new Loss Prevention podcast, Knot Another Lesson
The Swedish Club has launched Knot Another Lesson, a new podcast exploring the practical lessons, emerging risks and operational challenges shaping…
September 3, 2026
Lloyd’s Register appoints Jens Grunenberg as Senior Representative for Germany
Lloyd’s Register has appointed Jens Grunenberg as its Senior Representative for Germany, effective 1 September. Based in Hamburg, Grunenberg will…
September 3, 2026
Indian Register of Shipping sets sights on Hamburg for European Expansion
Indian Register of Shipping, a leading international classification society and full member of the International Association of Classification…
September 3, 2026
MOL completes Merger of 6 Ship Management Companies
Unifying Management of Over 200 Vessels and Strengthening Safety Mitsui O.S.K. Lines, announced that it has completed the integration of the MOL…
Subscribe to our newsletter!
if you dont want to swim alone in the ocean of news, sign up for the newsletter, and you will receive daily all the important news of world shipping!
Design & Development by P.KAN.DESIGNER
© 2026 Cyprus Shipping News. All rights reserved
Design & Development by P.KAN.DESIGNER
© 2026 Cyprus Shipping News. All rights reserved























