# The Merchant Shipping (Implementation of Ship-Source Pollution Directive) Regulations 2009 S.I. 2009/1210 · made 11 May 2009 · revised to 1 March 2019 These Regulations implement Directive 2005/35/EC of the European Parliament and of the Council of 7th September 2005 on ship-source pollution and on the introduction of penalties for infringements (O.J. No. L 255, 30.9.2005, p.11). That Directive incorporates certain provisions of Annexes I and II to the International Convention for the Prevention of Pollution from Ships 1973 as amended by its Protocol of 1978 (“MARPOL 73/78”) into Community law. PDFs: Printed copy https://openlegislation.uk/merchant-shipping-implementation-of-ship-source-pollution-directive-regulations-2009/pdf/uksi_20091210_en.pdf; Explanatory Memorandum https://openlegislation.uk/merchant-shipping-implementation-of-ship-source-pollution-directive-regulations-2009/pdf/uksiem_20091210_en.pdf ## Introductory text Merchant Shipping Made 11th May 2009 Laid before Parliament 11th May 2009 Coming into force 1st July 2009 The Secretary of State makes the following Regulations in exercise of the powers conferred by article 3 of the Merchant Shipping (Prevention of Oil Pollution) Order 1983 , articles 3 and 5 of the Merchant Shipping (Prevention and Control of Pollution) Order 1987 , article 2 of the Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 1996 , sections 85 and 86 of the Merchant Shipping Act 1995 and section 2(2) of the European Communities Act 1972 . The Secretary of State is a Minister designated for the purposes of section 2(2) of that Act in relation to measures relating to maritime transport. ## 1 Citation and commencement These Regulations may be cited as the Merchant Shipping (Implementation of Ship-Source Pollution Directive) Regulations 2009 and come into force on 1st July 2009. ## 2 Interpretation In these Regulations— “the Act” means the Merchant Shipping Act 1995; and “the Directive” means Directive 2005/35/EC of the European Parliament and of the Council of 7th September 2005 on ship-source pollution and on the introduction of penalties for infringements . ## 3 Amendment of section 131 of the Merchant Shipping Act 1995 (1) Section 131 of the Act (discharge of oil from ships into certain United Kingdom waters) is amended as follows. (2) Before subsection (1) insert— “(A1) In this section “relevant discharge” means— (a) a discharge of oil or a mixture containing oil which is made— (i) from a ship which is an offshore installation, and (ii) into United Kingdom national waters which are navigable by sea-going ships, or (b) a discharge of oil or a mixture containing oil which is made— (i) from a ship which is not an offshore installation, and (ii) into United Kingdom national waters which are navigable by sea-going ships but which do not form part of the sea.” (3) In subsection (1)— (a) for the words from “If any oil” to “seagoing ships, then” substitute “ If there is a relevant discharge ”; (b) in paragraph (a), omit “if the discharge is from a ship,”; and (c) in paragraph (b), for “is from a ship but” substitute “ from the ship ”. (4) In subsection (2) after “any discharge” insert “ from an offshore installation ”. (5) After subsection (3) insert— “(3A) In this section “offshore installation” means any mobile or fixed drilling or production platform or any other platform used in connection with the exploration, exploitation or associated offshore processing of sea bed mineral resources.” ## 4 Amendment of the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 5 Amendment of the Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 6 Transitional provision The amendments made by regulation 3 do not apply in relation to any discharge which occurred before the coming into force of these Regulations. ## Signature Signed by authority of the Secretary of State for Transport Jim Fitzpatrick Parliamentary Under Secretary of State Department for Transport ## Explanatory note (This note is not part of the Regulations) These Regulations implement Directive 2005/35/EC of the European Parliament and of the Council of 7th September 2005 on ship-source pollution and on the introduction of penalties for infringements (O.J. No. L 255, 30.9.2005, p.11). That Directive incorporates certain provisions of Annexes I and II to the International Convention for the Prevention of Pollution from Ships 1973 as amended by its Protocol of 1978 (“MARPOL 73/78”) into Community law. Regulation 3 amends the Merchant Shipping Act 1995 to limit the provisions of section 131 regarding discharges of oil or a mixture containing oil into certain types of water that are not sea. Regulation 6 contains a transitional provision in relation to the amendments set out in regulation 3. Regulation 4 makes amendments to the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996. The principal change is to insert new regulations 11A to 11C excepting from the prohibitions in regulations 12, 13 and 16 discharges of oil into the sea arising from damage to a ship or its equipment in certain circumstances. This removes existing defences in relation to certain discharges in those waters and introduces, in line with the Directive, new defences for those discharges which have a more limited range. Regulation 5 amends the Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1996 to provide that penalties may be imposed on any person who causes or contributes to a prohibited discharge under certain circumstances. A full impact assessment of the effect that the instrument will have on the costs of business and the voluntary sector has been prepared. A Transposition Note which sets out how Directive 2005/35/EC is to be transposed into UK law has also been prepared. Both documents are available from the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton SO15 1EG and are annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website (www.opsi.gov.uk). Copies of each document have been placed in the library of each House of Parliament. Copies of MARPOL 73/78 may be obtained from the International Maritime Organization at 4 Albert Embankment, London SE1 7SR. --- Source: https://www.legislation.gov.uk/uksi/2009/1210 (the official version) Page: https://openlegislation.uk/merchant-shipping-implementation-of-ship-source-pollution-directive-regulations-2009 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.