The Merchant Shipping (Prevention and Control of Pollution) Order 1990

Explanatory Note

(This note is not part of the Order)

This Order enables effect to be given to

(i) amendments agreed by the Marine Environment Protection Committee of the International Maritime Organization on 17th March 1989 relating to Annex II to the International Convention for the Prevention of Pollution from Ships 1973 (“MARPOL”);

(ii) Annex III to MARPOL, which was ratified by the United Kingdom on 27th May 1986 but which is not in force internationally.

Annex II to MARPOL relates to pollution by noxious liquid substances in bulk. Annex III contains regulations for the prevention of pollution by harmful substances carried by sea in packaged forms, and in particular requires Governments to issue, or caused to be issued, detailed requirements on packaging, marking and labelling, documentation, stowage, quantity limitations, exceptions and notification, for preventing or minimizing pollution of the marine environment by harmful substances.

The Order amends the Merchant Shipping (Prevention and Control of Pollution)Order 1987, which enables regulations to be made giving effect to Annex II. It also empowers the Secretary of State to make regulations for the purpose of giving effect to the provisions of Annex III. In particular, such regulations may include provisions with respect to the carrying out of surveys, the issue of certificates, the application of the regulations to the Crown, the extension of the Order or regulations to dependent territories, the imposition of penalties and the detention of ships.

Copies of the Convention, the Annexes, and amendments are obtainable from the International Maritime Organization, 4 Albert Embankment, London SE1 7SR.