The Merchant Shipping (Reporting Requirements for Ships Carrying Dangerous or Polluting Goods) Regulations 1995

Interpretation and revocation

2.—(1) These Regulations implement (inter alia), in the United Kingdom, Council Directive (EEC) 93/75/EEC concerning minimum requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting goods (which shall for the purposes of these Regulations be known as “the Council Directive”) except to the extent that the Council Directive has already been given effect.

(2) In these Regulations, unless the context otherwise requires:

“Community port” means a port in the European Union;

“the Coastguard Agency” means the Coastguard Agency of the Department of Transport;

“dangerous goods” means goods classified as such in the IMDG Code, in Chapter 19 of the IGC-Code or in chapter 17 of the IBC-Code;

“discharge” means any release howsoever caused from a ship and includes escape, disposal, spilling, leaking, pumping, emitting and emptying;

“IBC Code” means the IMO International Code for Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk;

“IGC Code” means the Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk published by IMO;

“IMDG Code” means the 1994 edition of the International Maritime Dangerous Goods Code published by IMO;

“IMO” means the International Maritime Organisation;

“incident” means damage, failure or breakdown which affects the safety of the ship, failure or breakdown of machinery or equipment which results in impairment of the safety of navigation, including any circumstances when a vessel is “not under command”, or any circumstances at sea which have caused actual damage or poses a threat to a member State’s coastline or related interest, or any other condition which affects the safety of any vessel or persons or which has or may cause damage or discharge into the marine environment;

“in bulk” means directly and without intermediate form of containment in a hold or cargo space which is a structural part of or permanently attached to a ship;

“infectious substances” means any substances classified as Class 6.2 in the IMDG Code;

“in packaged form” means in an individual package or receptacle including a freight container or a portable tank or tank container or tank vehicle or shipborne barge or other cargo unit;

“MARPOL” means the International Convention for the Prevention of Pollution from Ships, 1973 and its 1978 Protocol, as amended, as in force on 13th September 1993;

“Merchant Shipping Notice” means a Notice described as such, issued by the Marine Safety Agency of the Department of Transport, and includes a reference to any document amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;

“operator”, in relation to a ship, includes any owner, manager, charterer or agent of the ship;

“packaged goods” means dangerous goods or marine pollutants in packaged form;

“polluting goods” means:

• oil as defined in MARPOL Annex I;

• noxious liquid substances as defined in MARPOL Annex II;

• harmful substances as defined in MARPOL Annex III;

“radioactive materials” means any substance of Class 7 of the IMDG Code;

“ship” includes a vessel of any type whatsoever operating in the marine environment or in other waters navigable by sea-going vessels and (without prejudice to the generality of the foregoing) includes submersible craft, floating craft, a structure which is a fixed or floating platform, and hovercraft;

“shipper” means a person who, whether as principal or agent for another, consigns for carriage by sea dangerous goods or marine pollutants;

“SOLAS” means the Safety of Life at Sea Convention 1974, and its 1978 Protocol, as amended, as in force on 13th September 1993;

“United Kingdom ship” means a ship which —

(a)

is registered under the Merchant Shipping (Registration, etc.) Act 1993(1); or

(b)

is registered under the Hovercraft Act 1968(2); or

(c)

is a Government ship, within the meaning of section 80(3) of the Merchant Shipping Act 1906(3);

(d)

is not registered under the law of any other country but is wholly owned by persons each of whom is —

(i)

a British citizen, a British Dependent Territories citizen or a British Overseas citizen, or

(ii)

a body corporate which is established under the law of a part of the United Kingdom and has its principal place of business in the United Kingdom.

(3) Any reference in these Regulations to the IBC Code, the IGC Code or the IMDG Code, or MARPOL or SOLAS, shall include a reference to any document amending it which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice.

(4) The following are hereby revoked:

(a) The Merchant Shipping (Tankers) (EEC Requirements) Regulations 1981(4);

(b) The Merchant Shipping (Tankers) (EEC Requirements) (Amendment) Regulations 1982(5); and

(c) The Merchant Shipping (Reporting Requirements for Ships Carrying Dangerous or Polluting Goods) Regulations 1994(6).

(1)

1993 c. 22.

(2)

1968 c.

(3)

1906 c. 48.

(4)

S.I. 1981/1077, amended by S.I. 1982/1637.

(5)

S.I. 1982/1637.

(6)

S.I. 1994/3245.