The Merchant Shipping (Anti-Fouling Systems) Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

In so far as it is necessary to do so, these Regulations give effect in the United Kingdom to Regulation (EC) No 782/2003 (O.J. No. L 115, 9.5.2003, p.1) of the European Parliament and of the Council of 14th April 2003 on the prohibition of organotin compounds on ships (“the EC Regulation”), as amended.

The Regulations make supplementary provision in relation to Annex I of the EC Regulation (which concerns survey and certification of ships for anti-fouling purposes) (Part 2). In particular, they prohibit certain ships from proceeding on a voyage without the anti-fouling certificates or other documentation specified in the Regulations.

The Regulations make provision in relation to inspection and detention of UK ships and other ships, for non-compliance with anti-fouling requirements (Part 3). The Regulations also provide for the creation of offences and penalties where organotin compounds which act as biocides are applied or re-applied, or where a ship bears such compounds without also bearing a coating to act as a barrier to prevent leaching. They also provide for the creation of offences and penalties relating to certificates and declarations (regulation 14).

Section 2(2) of the European Communities Act 1972 is relied upon as the enabling power for these Regulations, since the powers in existing merchant shipping legislation are insufficiently wide to cover all the matters requiring to be dealt with in connection with the EC Regulation.

An Impact Assessment has been prepared and copies may be obtained from the Maritime and Coastguard Agency (“the MCA”), Spring Place, 105 Commercial Road, Southampton SO15 1EG. A copy has also been placed in the library of each House of Parliament. The Impact Assessment is also annexed to the Explanatory Memorandum which is available alongside these Regulations on the OPSI website www.opsi.gov.uk.

The MCA is issuing a Marine Guidance Note in relation to these Regulations, and copies of that Note and of Merchant Shipping Notice No. M. 1613 (referred to in regulation 7) may be obtained from M-Notices Subscriptions, PO Box 362, Europa Park, Grays, Essex RM17 9AY (telephone number 01375 484548; fax [phone]; e-mail orders [e-mail]). Copies may also be accessed via the MCA’s website http://www.mcga.gov.uk.

Copies of the AFS-Convention may be obtained from the International Maritime Organization at 4 Albert Embankment, London SE1 7SR.