- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) (Amendment) Regulations 2009 No. 1176
(This note is not part of the Regulations)
These Regulations give effect to Directive 2000/59/EC of the European Parliament and of the Council (“the amended 2000 Directive”) on port reception facilities for ship-generated waste and cargo residues (O.J. L 332, 28.12.2000, p.81), as amended by Directive 2002/84/EC of the European Parliament and of the Council (O.J. L 324, 29.11.2002, p.53), and Commission Directive 2007/71/EC of 13th December 2007 (O.J. L 329, 14.12.2007, p.33), as regards the delivery of sewage to reception facilities in a United Kingdom harbour.
The Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003 (S.I. 2003/1809) (“the 2003 Regulations”) already give effect to the other provisions of the amended 2000 Directive.
Regulation 2(3), (5), (7) and (8)(b)
The Regulations are made under sections 130A to 130D of the Merchant Shipping Act 1995, except in so far as they relate to three matters: the requirement to provide information to a United Kingdom harbour in advance of a ship’s arrival, the requirement on harbour authorities and terminal operators to charge for reception facilities, and the application of the Regulations to hovercraft. In these matters the power is provided by section 2(2) of the European Communities Act 1972.
An Impact Assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from Shipping Policy 2 Division, Department for Transport, 76 Marsham Street, London SW1P 4DR (telephone number 020 7944 3436).
A transposition note has been prepared and copies may be obtained from the Department for Transport at the address above.
The Impact Assessment and the transposition note are annexed to the Explanatory Memorandum which is available alongside this instrument on the OPSI website www.opsi.gov.uk.
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