The Merchant Shipping (Anti-Fouling Systems) Regulations 2009

Interpretation

2.—(1) In these Regulations—

“the 1995 Act” means the Merchant Shipping Act 1995(1);

“Annex I” means Annex I to the EC Regulation;

“Certifying Authority” means the Secretary of State or any organisation which is an authorised organisation for the purposes of the Merchant Shipping (Ship Inspection and Survey Organisations) Regulations 1996(2);

“controlled waters” means the waters specified by the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 1996(3) as areas within which the jurisdiction and rights of the United Kingdom are exercisable;

“the EC Regulation” means Regulation (EC) No 782/2003 of the European Parliament and of the Council of 14th April 2003 on the prohibition of organotin compounds on ships(4);

“master” includes every person (except a pilot) having command or charge of a ship;

“offshore terminal” means an installation situated away from the shore, where bulk, fluid or gas cargo (or more than one of these) is—

(a)

transferred between ships,

(b)

loaded onto a ship after having been transported from the shoreline, or

(c)

unloaded from a ship for transporting to the shoreline;

“operates under the authority of” has the same meaning as in Article 3(1)(b) of the EC Regulation (which provides for the scope of application of the Regulation);

“owner”, in relation to a ship, includes any person or organisation, including a manager, or a charterer on bareboat charter terms, who has assumed responsibility for the operation of the ship from the owner; and in this definition “bareboat charter terms” means the hiring of the ship for a stipulated period on terms which give the charterer possession and control of the ship, including the right to appoint the master and crew;

“ship”, except in the expression “United Kingdom ship”, means a vessel of any type whatsoever operating in the marine environment and includes hydrofoil boats, aircushion vehicles, submersibles, floating craft, fixed or floating platforms, floating storage units and floating production storage and off-loading units;

“surveyor of ships” means a person who is appointed as a surveyor of ships under section 256(2) of the 1995 Act;

“United Kingdom ship” has the same meaning as in section 85(2) of the 1995 Act(5);

“United Kingdom waters” means the sea or other waters within the seaward limits of the territorial sea of the United Kingdom; and

“voyage” includes an excursion, and is to be taken to commence when a ship leaves its berth or anchorage.

(2) In these Regulations, the following expressions have the meanings given in Article 2 of the EC Regulation (which provides definitions): “anti-fouling system”, “AFS-Convention”, “AFS-Certificate”, “AFS-Declaration”, “gross tonnage” and “length”.

(3) In these Regulations, a reference to a numbered Article or a numbered Annex is to the Article or Annex of that number in the EC Regulation.

(4) In the application of these Regulations to—

(a) an air-cushion vehicle, a reference to the master of a ship includes a reference to the captain of that air-cushion vehicle;

(b) a platform, a reference to the master of a ship includes a reference to the manager of that platform; and

(c) a fishing vessel, a reference to the master of a ship includes a reference to the skipper of that vessel.

(1)

1995 c.21.

(2)

S.I. 1996/2908; an “authorised organisation” is defined in regulation 2 of those Regulations; amendments have been made to some definitions in regulation 2 but none is relevant to this definition.

(3)

S.I. 1996/2128, amended by S.I. 1997/506.

(4)

O.J. L 115, 9.5.2003, p.1; amended by Commission Regulation (EC) No 536/2008 of 13 June 2008 (O.J. L 156, 14.6.2008, p. 10), and Regulation (EC) No 219/2009 of the European Parliament and of the Council of 11 March 2009 (O.J. L 87, 31.3.2009, p.109). Added to Annex III of the EEA Agreement by Article 1 of the Decision of the EEA Joint Committee No. 159/2003 of 7th November 2003 (O.J. No. L 41, 12.2.2004, p.57).

(5)

Section 85(2) has been amended by section 2(3) of the British Overseas Territories Act 2002 (c.8).