The Merchant Shipping (Prevention of Oil Pollution) (Amendment) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996 (S.I. 1996/2154, amended by S.I. 1997/1910 and S.I. 2000/483).

Regulation 4 of these Regulations implements amendments to the International Convention for the Prevention of Pollution at Sea 1973 as amended by its Protocol of 1978 (“MARPOL 73/78”) which harmonise the survey and certification requirements of MARPOL 73/78 with the survey and certification requirements of the International Convention on the Safety of Life at Sea (SOLAS).

Regulation 5 of these Regulations implements Regulation (EC) No. 417/2002 of the European Parliament and the Council of 18 February 2002 on the accelerated phasing-in of double hull or equivalent design requirements for single hull oil tankers and repealing Council Regulation (EC) No 2978/94 (O.J. L 64, 7.3.2002, p.l). Regulation 5 restates the content of Regulation (EC) No. 417/2002, for the purposes of coherence. These Regulations are made under section 2(2) of the European Communities Act 1972(c. 68) in so far as they implement Regulation (EC) No. 417/2002.

Regulation 6 of these Regulations implements amendments to MARPOL 73/78 which relate to the guidelines for development of shipboard oil pollution emergency plans, and makes provision for its combination with the shipboard marine pollution emergency plan for noxious liquid substances in the case of oil tankers where regulation 16 of Annex II to the Convention also applies.

Regulation 7 of these Regulations amends provisions on the power to detain ships which do not comply with the requirements of the Regulations, and applies section 284(1) to (6) and (8) of the Merchant Shipping Act 1995

A Regulatory Impact Assessment has been prepared and copies can be obtained from the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton SO15 1EG. A copy has been placed in the library of each House of Parliament.

Merchant Shipping Notices can be read or downloaded free from the Maritime and Coastguard Agency website (www.mcga.gov.uk). Printed copies can be obtained from Mail Marketing (Scotland) Ltd, Unit 6 Bloomsgrove Industrial Estate, Norton Street, Nottingham NG7 3JG (telephone [phone]). Resolutions and other publications of the International Maritime Organisation can be obtained from IMO, 4 Albert Embankment, London SE1 75R.