EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations amend the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003 (S.I. 2003/1809) (“the 2003 Regulations”) in order to give effect to Commission Directive (EU) 2015/2087 of 18th November 2015 amending Annex II to Directive 2000/59/EC of the European Parliament and the Council on port reception facilities for ship-generated waste and cargo residues (O.J. L 302, 19.11.2015, p.99).

These Regulations substitute a new advance notification form to be used by ships’ masters when delivering waste to port reception facilities. The new form contains additional sub-categories of garbage and a column in which to record information about waste delivered in the last port of delivery.

Regulation 2(2) of these Regulations amends the definition of “the Directive” so as to take into account all amendments to Directive 2000/59/EC.

Regulation 2(3) requires the Secretary of State to review the operation and effect of regulation 11(1) and Schedule 2 to the 2003 Regulations and publish a report within five years after they are amended by these Regulations and within every five years after that. Following a review it will fall to the Secretary of State to consider whether regulation 11(1) and Schedule 2 of the 2003 Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke regulation 11(1) and Schedule 2 to the 2003 Regulations or to amend them.

Regulation 2(4) and the Schedule substitute the new advance notification form for the existing one. The new form contains additional sub-categories of garbage and a column in which to record information about waste delivered in the last port of delivery.

The Explanatory Memorandum and Transposition Note published alongside this instrument are available on the website www.legislation.gov.uk.

A copy of the Directive is available on the website http://eur-lex.europa.eu.