Explanatory note

These Regulations amend the Merchant Shipping (Prevention of Pollution by Garbage) Regulations 1988. They give effect to amendments to Annex V to the International Convention for the Prevention of Pollution from Ships 1973. The amendments (in the form of amendments to the 1978 Protocol relating to the Convention) were adopted by the Marine Environment Protection Committee (“MEPC”) of the International Maritime Organization (“IMO”) on 16th November 1990 (at its 30th Session) and 4th July 1991 (at its 31st Session)

The amendments adopted by the MEPC at its 30th Session add the Antarctic area to the list of special areas to which stricter discharge requirements apply and, inter alia, require ships entering the area to have capacity for the retention of garbage while in the area. The amendments adopted by the MEPC at its 31st Session add the Wider Caribbean Region to the list of special areas but modify the stricter discharge requirements in certain cases as regards the discharge of food wastes in that Region. The addition of the Antarctic area and of the Wider Caribbean Region is given effect by an amendment of the definition of “Special Area” which brings the definitions of all Special Areas into the 1988 Regulations (instead of defining them by reference to a Department of Transport Merchant Shipping Notice).

The amendments adopted by the MEPC are set out in, respectively, Annex 2 to Resolution MEPC 42(30) and the Annex to Resolution MEPC48(31), copies of which may be obtained from IMO, 4 Albert Embankment, London SE1 7SR.