The Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1990

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke the Merchant Shipping (Dangerous Goods) Regulations 1981 as amended and re-enact those provisions subject to certain changes.

The Regulations so far as they relate to dangerous goods are made under section 21 of the Merchant Shipping Act 1979, and give effect to Chapter VII (Carriage of Dangerous Goods) of the International Convention for the Safety of Life at Sea 1974 (Cmnd. 7874) which was laid before Parliament in October 1978 and ratified by the United Kingdom in November 1979, as amended in 1981, 1983, 1988 and 1989. So far as they relate to marine pollutants the Regulations are made under the Merchant Shipping (Prevention and Control of Pollution) Order 1990 and give effect to the provisions of Annex III to the International Convention for the Prevention of Pollution from Ships signed 2nd November 1973.

The principal changes from the previous Dangerous Goods Regulations are:—

(1) that the Regulations will cease to refer to the Blue Book (the Report of the Department of Transport Standing Advisory Committee), and will instead refer to the International Maritime Dangerous Goods Code, 1990 edition (“IMDG Code”);

(2) so far as packaged goods are concerned, the Regulations cover both dangerous goods and marine pollutants, both of which are now covered by the IMDG Code. There is an additional requirement for packaging to be in accordance with the IMDG Code;

(3) there will be an additional requirement for shipowners to retain marine pollutant manifests and stowage plans ashore until those goods have been discharged from the ship.

The Regulations make consequential changes to the Dangerous Substances in Harbour Areas Regulations 1987.

Copies of the various Codes referred to in the Regulations are obtainable from the International Maritime Organization, 4 Albert Embankment, London SE1 7SR. Copies of the United Nations Publication entitled “Recommendations on the Safe Transport of Dangerous Goods” are obtainable from bookshops or distributors.

Amendments to the Codes referred to in the Regulations are specified by the Secretary of State in Merchant Shipping Notices. Merchant Shipping Notices are obtainable from the Department of Transport Marine Library, Sunley House, 90 High Holborn, London WC1V 6LP and from any Department of Transport Marine Office.