Explanatory note
(This note is not part of the Regulations)
These Regulations amend the Merchant Shipping (Reporting Requirements for Ships Carrying Dangerous or Polluting Goods) Regulations 1995 (S.I. 1995/2498) (the “1995 Regulations”) and the Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004 (S.I. 2004/2110) (the “2004 Regulations”).
The effect of the amendments is to remove reporting requirements contained in regulation 12 of the 2004 Regulations from fishing vessels, traditional ships, recreational craft having a length of less than 45 metres and bunkers of less than 5000 tonnes for use on board ships (regulation 7).
The reporting requirement in regulations 9 to 11 of the 1995 Regulations are extended to include ships of over 300 gross tonnage where those ships are:–
fishing vessels;
traditional ships; and
recreational craft having a length of less than 45 metres.
Regulations 9 to 11 also apply to bunkers of less than 5000 tonnes for use on board the ship on which they are carried where that ship is 300 gross tonnage or more.
The changes are made to the 2004 Regulations primarily so that the 1995 Regulations continue to give effect to reporting obligations contained in the International Convention for the Prevention of Pollution from Ships 1973 as modified by the Protocol of 1978 relating thereto (the MARPOL Convention) and in the International Convention for the Safety of Life at Sea 1974 (the SOLAS Convention) relating to the notification of dangerous and polluting goods and the reporting of incidents and accidents at sea for those ships (regulations 3 and 4).
The Regulations also amend the requirements for making a report under the 2004 Regulations. A report is now also required when a discharge of oil or a liquid noxious substance takes place above the levels permitted by the MARPOL Convention (regulation 8).
The MARPOL Convention and the SOLAS Convention may be obtained from the International Maritime Organization, 4 Albert Embankment, London SW1 7SR.
A regulatory impact assessment of the effect which this instrument will have on the costs of business has been prepared and copies can be obtained from the Maritime and Coastguard Agency, Spring Place, 105, Commercial Road, Southampton, SO15 1EG. A copy has been placed in each House of Parliament.