5.—(1) This paragraph describes the threshold requirements which apply to specified kinds of essential services in the water transport subsector.
(2) For the essential service of shipping in the United Kingdom, the threshold requirement is—
(a)a shipping company which handles—
(i)over 5 million tonnes of total annual freight at United Kingdom ports; and
(ii)over thirty percent of the freight at any individual United Kingdom port which fulfils at least one of the following criteria—
(aa)it handles more than fifteen percent of the total roll-on roll-off traffic in the United Kingdom;
(bb)it handles more than fifteen percent of the total lift-on lift-off traffic in the United Kingdom;
(cc)it handles more than ten percent of the total liquid bulk traffic in the United Kingdom; or
(dd)it handles more than twenty percent of the total biomass fuel traffic in the United Kingdom; or
(b)a shipping company with over thirty percent of the annual passenger numbers at any individual United Kingdom port which has annual passenger numbers greater than 10 million.
(3) For the essential service of the provision of services by a harbour authority for a port in the United Kingdom, the threshold requirement is—
(a)a harbour authority for a port which has annual passenger numbers greater than 10 million; or
(b)a harbour authority for a port which fulfils at least one of the following criteria—
(i)it handles more than fifteen percent of the total roll-on roll-off traffic in the United Kingdom;
(ii)it handles more than fifteen percent of the total lift-on lift-off traffic in the United Kingdom;
(iii)it handles more than ten percent of the total liquid bulk traffic in the United Kingdom; or
(iv)it handles more than twenty percent of the total biomass fuel traffic in the United Kingdom.
(4) For the essential service of the provision of services by an operator of a port facility in the United Kingdom, the threshold requirement is—
(a)an operator of a port facility which handles passengers at a port which has annual passenger numbers greater than 10 million; or
(b)an operator of a port facility at a port which fulfils at least one of the following criteria—
(i)it handles more than fifteen percent of the total roll-on roll-off traffic in the United Kingdom;
(ii)it handles more than fifteen percent of the total lift-on lift-off traffic in the United Kingdom;
(iii)it handles more than ten percent of the total liquid bulk traffic in the United Kingdom; or
(iv)it handles more than twenty percent of the total biomass fuel traffic in the United Kingdom;
and where that port facility operator handles the same type of freight for which the port fulfils one of the criteria mentioned in sub-paragraphs (i)-(iv).
(5) For the essential service of vessel traffic services in the United Kingdom, the threshold requirement is—
(a)an operator of vessel traffic services at a port which has annual passenger numbers greater than 10 million; or
(b)an operator of vessel traffic services at a port which fulfils at least one of the following criteria—
(i)it handles more than fifteen percent of the total roll-on roll-off traffic in the United Kingdom;
(ii)it handles more than fifteen percent of the total lift-on lift-off traffic in the United Kingdom;
(iii)it handles more than ten percent of the total liquid bulk traffic in the United Kingdom; or
(iv)it handles more than twenty percent of the total biomass fuel traffic in the United Kingdom.
(6) In this paragraph—
(a)“harbour authority” has the same meaning in section 313(1) of the Merchant Shipping Act 1995(1);
(b)“port facility” has the same meaning as in regulation 2 of the Port Security Regulations 2009(2);
(c)“vessel traffic services” has the same meaning as in regulation 2(1) of the Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004(3).
1995 c. 21. The definition for “harbour authority” was substituted by section 29(1) of, and paragraph 19(2)(a) of Schedule 6 to, the Merchant Shipping and Maritime Security Act 1997 (c. 28). There are other amendments not relevant to this instrument.
S.I. 2009/2048 as amended by S.I. 2013/2815.
S.I. 2004/2110 as amended by S.I. 2011/2616. There are other amendments not relevant to this instrument.