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

PART 3 U.K. NOTIFICATION OF DANGEROUS OR POLLUTING GOODS

Notification by ships carrying dangerous or polluting goods U.K.

10.—(1) This regulation applies to ships, regardless of their size, carrying—

(a) dangerous goods; or

(b) polluting goods.

(2) Subject to paragraph (8) and regulation [F1 4A], before a ship departs from a port in the United Kingdom, the owner, agent or master of that ship shall notify the MCA of the information specified in [F2 Annex B of Merchant Shipping Notice 1831 (M+F)] in accordance with that Notice.

(3) Subject to regulation [F1 4A], before a United Kingdom ship departs from a port located in an EEA State F3 ... the owner, agent or master of that United Kingdom ship shall notify the competent authority of the State in which that port is situated of the information specified in [F2 Annex B of Merchant Shipping Notice 1831 (M+F)] in accordance with that Notice.

(4) Subject to regulation [F1 4A], where a United Kingdom ship—

(a) is coming from a port which is not located in an EEA State; and

(b) is bound for—

(i) a port located in, or

(ii) an anchorage located in the territorial waters of,

an EEA State F4 ...,

the owner, master or agent of that ship shall notify the competent authority of the EEA State in question of the information specified in [F2 Annex B of Merchant Shipping Notice 1831 (M+F)] in accordance with that Notice by the time specified in paragraph (6).

(5) Subject to paragraph (8) and regulation [F1 4A], where a ship—

(a) is coming from a port which is not located in an EEA State [F5 or in the United Kingdom]; and

(b) is bound for a port in the United Kingdom or an anchorage located in United Kingdom waters,

the owner, master or agent of that ship shall notify the MCA of the information specified in [F2 Annex B of Merchant Shipping Notice 1831 (M+F)] in accordance with that Notice by the time specified in paragraph (6).

(6) The time referred to in paragraphs (4) and (5) is—

(a) where—

(i) the port of destination, or

(ii) the location of the anchorage,

is known at the time of departure from the port at which the dangerous goods or the polluting goods, as the case may be, were loaded, no later than the time of departure from that port; or

(b) where—

(i) the port of destination, or

(ii) the location of the anchorage,

is not known at the time of departure from the port at which the dangerous goods or the polluting goods, as the case may be, were loaded, the time immediately such port or such location is known.

(7) Whenever practicable, the information referred to in paragraphs (2) and (5) shall be notified to the MCA by electronic means using the procedures specified in [F6 Merchant Shipping Notice 1831 (M+F)].

(8) When required to do so by the MCA, the owner, agent or master of a ship shall notify—

(a) the authority of the port of departure in question of the information referred to in paragraph (2);

(b) the authority of the port of destination in question of the information referred to in paragraph (5).

(9) When a port authority receives information pursuant to paragraph (8), that port authority shall—

(a) retain that information for as long as the information may be required for use in the event of an incident or accident at sea; and

(b) provide that information at any time by electronic means to the MCA immediately upon request.

(10) Where information has been notified in accordance with this regulation, the master of the ship in question shall notify immediately the person to whom that information was notified of any changes to that information.

Textual Amendments

F1 Word in reg. 10 substituted (25.11.2011) by The Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements)(Amendment) Regulations 2011 (S.I. 2011/2616), reg. 1, Sch. 1 para. 10(a)(ii)

F2 Words in reg. 10 substituted (25.11.2011) by The Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements)(Amendment) Regulations 2011 (S.I. 2011/2616), reg. 1, Sch. 1 para. 10(a)(i)

F3 Words in reg. 10(3) omitted (31.12.2020) by virtue of The Merchant Shipping (Miscellaneous Provisions) (Amendments etc.) (EU Exit) Regulations 2018 (S.I. 2018/1221), reg. 2(b), Sch. para. 20(8)(a); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in reg. 10(4) omitted (31.12.2020) by virtue of The Merchant Shipping (Miscellaneous Provisions) (Amendments etc.) (EU Exit) Regulations 2018 (S.I. 2018/1221), reg. 2(b), Sch. para. 20(8)(b); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in reg. 10(5) inserted (31.12.2020) by The Merchant Shipping (Miscellaneous Provisions) (Amendments etc.) (EU Exit) Regulations 2018 (S.I. 2018/1221), reg. 2(b), Sch. para. 20(8)(c); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in reg. 10(7) substituted (25.11.2011) by The Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements)(Amendment) Regulations 2011 (S.I. 2011/2616), reg. 1, Sch. 1 para. 10(b)

Exemptions from the requirements of regulation 10 U.K.

F7 11.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Reg. 11 revoked (25.11.2011) by The Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements)(Amendment) Regulations 2011 (S.I. 2011/2616), reg. 1, Sch. 1 para. 11