The Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004

Regulation 22(2)

SCHEDULE 1 Amendments to the Merchant Shipping (Reporting Requirements for Ships Carrying Dangerous or Polluting Goods) Regulations 1995

1.  Regulation 2 shall be amended as follows—

(a) paragraph (1) shall be omitted;

(b) in paragraph (2)—

(i) the definitions of “Community port”, “the Coastguard Agency”, “in bulk”, “infectious substances”, “in packaged form”, “packaged goods”, “shipper”, “SOLAS” and “United Kingdom ship” shall be omitted,

(ii) in the definition of “IBC Code”, after the word “means” there shall be inserted “the 1998 edition of”,

(iii) in the definition of “IGC Code”, after the word “means” there shall be inserted “the 1993 edition of”,

(iv) in the definition of “IMDG Code”, for the words “the 1994 edition”, there shall be substituted “the 2002 edition”,

(v) for the definition of “INF Code” there shall be substituted the following—

““INF Code” means the 2001 edition of the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuels, Plutonium and High-Level Radioactive Waste on Board Ships”, and

(vi) after the definition of “installation” there shall be inserted the following definition—

““the MCA” means the Maritime and Coastguard Agency, an Executive Agency of the Department for Transport”;

(c) in paragraph (3) the words “or SOLAS” shall be omitted; and

(d) after paragraph (3) there shall be added the following paragraph—

“(4) For the purposes of these Regulations—

(a) “United Kingdom ship” means a ship which—

(i) is registered in the United Kingdom, or

(ii) is not registered under the law of any country but is wholly owned by persons each of whom is—

(aa) a British Citizen, a British overseas territories citizen or a British Overseas citizen, or

(bb) a body corporate which is established under the law of any part of the United Kingdom and has its principal place of business in the United Kingdom; and

(b) “British Citizen”, “British overseas territories citizen” and “British Overseas citizen” have the same meaning as in the British Nationality Act 1981(1).”.

2.  Regulation 3 shall be amended as follows—

(a) in paragraph (1), for the words “paragraph (2) below”, there shall be substituted “the provisions of this regulation,”;

(b) after paragraph (1) there shall be inserted the following paragraph—

“(1A) These Regulations do not apply to ships of 300 gross tonnage or more, unless otherwise stated”;

(c) in paragraph (2)—

(i) after the words “apply to a ship” there shall be inserted “irrespective of size”, and

(ii) for the words “the territorial sea thereof” there shall be substituted “the controlled waters”; and

(d) after paragraph (6) there shall be added the following paragraph—

“(7) In this regulation, “controlled waters” means the areas of sea specified by the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 1996(2) as areas within which the jurisdiction and rights of the United Kingdom are exercisable in accordance with Part XII of the United Nations Convention on the Law of the Sea(3) for the protection and preservation of the marine environment.”.

3.  Regulation 4 shall be amended as follows—

(a) paragraphs (1) and (2) shall be omitted; and

(b) in paragraph (3), for the words “any other State” there shall be substituted “any State other than the United Kingdom”.

4.  For regulation 5 there shall be substituted the following regulation—

“5.— (1) This regulation applies to a United Kingdom ship irrespective of size.

(2) Before a United Kingdom ship which is—

(a) bound for a port which is not located in an EEA State; and

(b) carrying dangerous goods or harmful substances in packaged form,

leaves a port which is not located in an EEA State, the operator of that ship shall comply with the requirements of paragraphs 4.2 and 4.3 of Merchant Shipping Notice 1784(M).

(3) In this regulation, “EEA State” means a member State, Norway, Iceland or Liechtenstein.”.

5.  Regulations 6, 7 and 8 shall be omitted.

6.  Regulation 9 shall be amended as follows—

(a) in paragraph (1), for the words “shall, (subject to paragraph (2) below) report the particulars of such an incident without delay and to the fullest extent possible together with the information specified in Schedule 1 to the Merchant Shipping Notice MSN 1741(M),” there shall be substituted “shall report the particulars of such an incident without delay and to the fullest extent possible together with the information specified in paragraph (2),”; and

(b) for paragraph (2) there shall be substituted the following paragraph—

“(2) The information referred to in paragraph (1) shall comprise—

(a) the identity of the ship;

(b) the time, type and location of the incident;

(c) the quantity and type of dangerous goods or harmful substance involved; and

(d) details of assistance and salvage measures.”.

7.  In regulation 11(a), for the words “a maritime rescue centre of the Coastguard Agency”, there shall be substituted “the MCA”.

8.  Regulations 12, 13 and 14 shall be omitted.

9.  Regulation 15 shall be amended as follows—

(a) in paragraph (1), for the words “regulation 5(1), 6” there shall be substituted “regulation 5(2),”;

(b) in paragraph (2), for the words ”regulation 5(1), 6” there shall be substituted “regulation 5(2)”;

(c) in paragraph (3) for the words “regulation 7, 8, 9(1) or (4), 10 so far as it relates to 9(1) or (4), or 12” there shall be substituted the words “regulation 9(1) or (4) or 10 so far as it relates to 9(1) or (4)”;

(d) in paragraph (4)—

(i) in sub-paragraph (b), the words “8 or” shall be omitted, and

(ii) sub-paragraph (c) shall be omitted; and

(e) paragraph (5) shall be omitted.

10.  In regulation 18, for the words “section 692 of the Merchant Shipping Act 1894” there shall be substituted “section 284 of the Merchant Shipping Act 1995(4)”.

11.  Regulation 19 shall be amended as follows—

(a) in paragraph (1), for the words “The Coastguard Agency” there shall be substituted the words “The MCA”; and

(b) paragraph (2) shall be omitted.

Regulation 22(4)

SCHEDULE 2 Amendments to the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997

1.  For the words “the Marine Safety Agency” wherever they appear, there shall be substituted “the MCA”.

2.  In regulation 2(1)—

(a) in the definition of “Bulk Cargoes Code”, for the words “1996 edition of IMO Code of”, there shall be substituted “2001 Edition of the IMO Code of Safe”;

(b) in the definition of “IBC Code”, for the words “1994 edition”, there shall be substituted “1998 Edition”;

(c) for the definition of “IMDG Code”, there is substituted the following—

• ““IMDG Code means the 2002 Edition of the IMO International Maritime Dangerous Goods Code;”;

(d) after the definition of “in bulk” there shall be inserted the following definition—

““the MCA” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport”;

(e) in the definition of “marine pollutant”, after the words “IBC CODE,”, there shall be inserted the words “oil as defined in Annex I to the MARPOL Convention, excluding bunkers and ship’s stores”;

(f) after the definition of “marine pollutants declaration”, there shall be inserted the following definition—

““the MARPOL Convention” means the International Convention for the Prevention of Pollution from Ships 1973(5) and its 1978 Protocol(6);”; and

(g) the definition of “Marine Safety Agency” shall be omitted.

3.  In regulation 9, the words “5 or” shall be deleted.

4.  Regulation 10(2) shall be replaced by the following—

“(2) A declaration referred to in paragraph (1) shall contain details of—

(a) the date on which the declaration was prepared;

(b) the name of the signatory;

(c) the company or organisation on whose behalf the signatory acts;

(d) the status of the signatory within the company or organisation; and

(e) the postal address, email address, telephone number and facsimile number of the person from whom detailed information about the packaged goods in question may be obtained.”.

5.  In regulation 10(3)—

(a) for the words “including without prejudice to regulation 11(2). Such details include”, there shall be substituted “including, without prejudice to regulation 11(2),”; and

(b) there shall be added at the end—

“(i) if appropriate, the class of ship needed for any packaged irradiated nuclear fuel, plutonium and high level radioactive wastes carried as cargo in accordance with class 7 of schedules 10 to 13 to the IMDG Code and the quantities of such goods.”.

6.  In regulation 21(1)—

(a) for the words “or marine pollutants”, there shall be substituted “, marine pollutants or goods listed in Appendix B of the Bulk Cargoes Code”; and

(b) after the words “of the nature”, there shall be inserted the words “and quantity”.

7.  In regulation 21, after paragraph (1), there shall be inserted the following—

“(1A) A notification referred to in paragraph (1) shall contain details of the postal address, email address, telephone number and facsimile number of the person from whom detailed information about the packaged goods in question may be obtained.”.

Regulation 22(5)

SCHEDULE 3 Amendments to the Merchant Shipping (Safety of Navigation) Regulations 2002

1.  The Merchant Shipping (Safety of Navigation) Regulations 2002 shall be amended in accordance with the provisions of this Schedule.

2.  In regulation 2(1)—

(a) in the definition of “Contracting Government”, after the word “State” there shall be inserted “other than an EEA State ”;

(b) the definition of “EEA Agreement” shall be omitted; and

(c) for the definition of EEA State there shall be substituted the following—

““EEA State” means a member State, Norway, Iceland or Liechtenstein;”.

3.  In regulation 4(2)(b), for the words “a Contracting Government” there shall be substituted “an EEA State”.

4.  After regulation 4(2), there shall be inserted the following—

“(2A) Subject to paragraph (2B), these Regulations do not apply to ships, other than United Kingdom ships, which are owned or operated by a Contracting Government and used only on government non-commercial service.

(2B) The requirement in regulation 5, so far as it relates to paragraph 2.4 of regulation 19 in Chapter V, shall apply to ships which are owned or operated by a Contracting Government and used only on government non-commercial service.”.

5.  At the beginning of regulation 4(5), there shall be inserted “Subject to paragraph 5(A),”.

6.  After regulation 4(5), there shall be inserted the following—

“(5A) Paragraph (5) shall not apply to existing ships of Class A, B, C or D of 300 gross tonnage or more in so far as that paragraph relates to paragraph 2.4 of regulation 19 in Chapter V.”.

7.  After regulation 4(6), there shall be inserted the following—

“(6A) Paragraph 2.4.3 of Regulation 19 in Chapter V does not apply to a ship of 300 gross tonnage or more built before 1st July 2002 on a domestic voyage.”.

(1)

1981 c. 61.

(2)

S.I. 1996/2128, as amended by S.I. 1997/506.

(3)

Cmnd. 8941.

(4)

1995 c. 21.

(5)

Cmnd 5748.

(6)

Cmnd 7347.