Regulation 7 AFS-Certificates: ships of 400 gross tonnage and above

(1)

Subject to paragraph (2), this regulation applies to a ship which is—

(a)

of 400 gross tonnage and above; and

(b)

engaged on an international voyage.

(2)

This regulation does not apply to a fixed or floating platform, a floating storage unit or a floating production storage and off-loading unit.

(3)

A ship to which this regulation applies must be subjected to—

(a)

an initial survey—

(i)

before the ship is put into service; or

(ii)

when the ship is for the first time in a dry-dock for the application of anti-fouling systems; and

(b)

a survey when the anti-fouling systems are changed or replaced,

to ensure that the ship’s anti-fouling system complies with regulation 6 (prohibitions and requirements for ships).

(4)

An initial survey under paragraph (3)(a) or a survey under paragraph (3)(b) must be carried out in accordance with Annex 4 to the Convention, having regard to the guidelines for survey and certification of anti-fouling systems on ships contained in the Annex to the International Maritime Organization Resolution MEPC.358(78)^f1.

(5)

Subject to payment of the prescribed fee for a survey and on being notified that the surveyor—

(a)

has carried out an initial survey under paragraph (3)(a) or a survey under paragraph (3)(b); and

(b)

is satisfied at the date of the survey that the ship complies with each requirement of regulation 6 applicable to it,

a Certifying Authority must issue or endorse an AFS-Certificate in respect of that ship.

(6)

A ship must not proceed on any voyage or, if it is already on a voyage, continue on that voyage, unless there is in relation to the ship—

(a)

an AFS-Certificate issued or endorsed under paragraph (5); or

(b)

an AFS-Certificate issued prior to the coming into force of these Regulations, as required under regulation 5 of the Merchant Shipping (Anti-Fouling Systems) Regulations 2009^f2, and which is still in force.

(7)

In this regulation—

“Certifying Authority” has the meaning given to it in regulation 4 of the Merchant Shipping (Survey and Certification) Regulations 2015^f3 (certifying authorities);
“prescribed fee” means the fee prescribed by the Secretary of State under section 302 of the Merchant Shipping Act 1995 (fees)^f4;
“surveyor” means a surveyor appointed by a Certifying Authority, and “survey” means a survey carried out by a surveyor.

Annotations

Footnotes

f1: MEPC.358(78) was adopted by the International Maritime Organization on 10th June 2022 and is available from the International Maritime Organization of 4 Albert Embankment, London SE1 7SR or found on the Foreign, Commonwealth and Development Office treaties database (https://treaties.fcdo.gov.uk/responsive/app/consolidatedSearch/).
f2: S.I. 2009/2796, amended by S.I. 2011/3056, 2014/3306 and 2019/311. This instrument is also revoked by these Regulations.
f3: S.I. 2015/508. There are amending instruments but none is relevant.
f4: The prescribed fee is found in the Merchant Shipping (Fees) Regulations 2018 (S.I. 2018/1104).