The Merchant Shipping (Prevention of Pollution by Garbage) Regulations 1998

Explanatory Note

(This note is not part of the Regulations)

These Regulations consolidate, with amendments, the Merchant Shipping (Prevention of Pollution by Garbage) Regulations 1988 and the Merchant Shipping (Prevention of Pollution by Garbage) (Amendment) Regulations 1993. The Regulations implement annex V to the International Convention for the Prevention of Pollution from Ships, 1973 (MARPOL) as amended.

In addition to minor and drafting amendments, the following are the principal changes of substance:

(a) ships to which the Regulations apply are subject to inspection while in United Kingdom ports (regulation 12);

(b) in respect of certain vessels and platforms, placards are to be displayed informing the persons on board of the requirements of the Regulations and garbage management plans and record books are to be carried. Garbage record books are to be subject to inspection and inspectors may take copies of any entry in such a book (regulations 11 and 13);

(c) Section 131(3), as modified by the Merchant Shipping (Prevention of Pollution by Garbage) Order 1988 (as amended by S.I. 1997/2569 and S.I. 1998/254), sections 143(6), 144 and 146 of the Merchant Shipping Act 1995, as modified by these Regulations, are applied to an offence of contravening regulations 4 to 7 (regulations 14(2), 15(1) and (2), 17(3)); and

(d) extensions of jurisdiction permitted by the United Nations Law of the Sea Convention (UNCLOS) (Cmnd 8941). In particular, discharges by ships other than United Kingdom ships into the United Kingdom’s controlled waters beyond the territorial sea and, subject to certain restrictions on institution of proceedings contained in regulation 18, elsewhere, are prohibited. Where proceedings for such a discharge are instituted they may be suspended if the flag State institutes proceedings (regulation 19). The Regulations also prohibit disposal of garbage from fixed or floating installations in the United Kingdom’s controlled waters (regulation 7).

A compliance cost assessment has been prepared and copies may be obtained from the Maritime and Coastguard Agency, Zone 2/30 Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone: [phone]). A copy has been placed in the library of each House of Parliament.

Merchant Shipping Notices are obtainable from Eros Marketing Support Services, Unit B, Imber Court Trading Estate, Orchard Lane, East Molesey, Surrey KT8 0BN. Copies of the MARPOL Convention and UNCLOS may be obtained from the International Maritime Organisation at 4 Albert Embankment, London SE1 75R.