The Merchant Shipping (Prevention of Pollution by Garbage from Ships) Regulations 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement the current version of Annex V to the International Convention for the Prevention of Pollution from Ships, 1973, as amended by the Protocol of 1978 (“the Convention”). Annex V contains regulations for the Prevention of Pollution by Garbage from Ships. The current version of Annex V came into force internationally on 31st December 1988 and amendments have been made to it since that time. These Regulations implement all amendments to Annex V as at the date of this statutory instrument. Future amendments to the Convention and other instruments referred to in these Regulations will be automatically incorporated into the Regulations by way of ambulatory reference (regulation 3).

The Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 2008 (S.I. 2008/3257) which implemented a previous version of Annex V are revoked by virtue of the Merchant Shipping (Prevention of Pollution by Sewage from Ships) Regulations 2020 (S.I. 2020/620) (“the Sewage Regulations”). The Sewage Regulations, which come into force simultaneously with these Regulations, also update other instruments which refer to these Regulations.

Parts 2 and 3 of the Regulations apply to United Kingdom ships wherever they may be and to all other ships in United Kingdom waters or controlled waters (regulation 4). Part 2 imposes a prohibition on the discharge of garbage into the sea (regulation 5) subject to a number of exceptions outside special areas (regulation 5(1)(a)), for fixed or floating platforms (regulation 5(1)(b)) and within special areas (regulation 5(1)(c)). There is also an exemption for discharges of garbage within polar waters which comply with the requirements of Chapter 5 of part II-A of the Polar Code (regulation 5(1)(d)). United Kingdom ships are prohibited from entering the Antarctic area unless they have sufficient capacity for the retention of garbage on board (regulation 7). Regulation 8 (exceptions) provides exceptions to the prohibition in regulation 5 covering safety, accidental loss and the protection of the marine environment. Part 3 of the Regulations requires a shipper of solid bulk cargo to make a declaration as to whether that cargo is harmful to the marine environment (regulation 9).

Part 4 applies to United Kingdom ships wherever they may be and to all other ships in controlled waters which meet certain size and weight criteria. It imposes a requirement for the carrying on ships of placards notifying passengers and crew about the disposal of garbage (regulation 10). Ships are required to have a garbage management plan (regulation 11) and garbage record books to record the discharge or completed incineration of garbage (regulations 12 and 13). Ships without garbage record books are required to record certain discharges of garbage in their log-books (regulation 15). The Secretary of State may grant exemptions from one or more of the garbage record book requirements in regulations 12 and 13 (regulation 14).

Part 5 of the Regulations makes provision in relation to powers of inspection and detention of ships, and in relation to offences and penalties.

The Secretary of State must review the operation and effect of these Regulations and publish a report within five years after they come into force and within every five years thereafter (regulation 27). Following such a review it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be revoked or amended. A further instrument would be needed to revoke the Regulations or to amend them.

Guidance supporting these Regulations has been published in a Marine Guidance Note (MGN 632 (M+F)). Copies of MGN 632 (M+F) may be obtained free of charge at www.gov.uk or in hard copy from the Maritime and Coastguard Agency (“MCA”) of Spring Place, 105 Commercial Road, Southampton SO15 1EG.

The Convention (including its Protocols, Annexes and amendments), SOLAS, the Polar Code, the London Convention and the Tonnage Convention can be obtained from the International Maritime Organization (“IMO”) at IMO Publishing, 4 Albert Embankment, London SE1 7SR, www.imo.org/publications; email: [e-mail]; telephone: [phone]. The text of IMO Resolutions may be obtained in hard copy from the IMO Library at the same address as IMO Publishing. The amendments to the Convention can be found on the Foreign and Commonwealth Office treaties database (https://treaties.fco.gov.uk/responsive/app/consolidatedSearch/). Except where otherwise stated, copies of the Command Papers referred to in this instrument are not available electronically but are available for inspection free of charge but by appointment at the Parliamentary Archives, Houses of Parliament, London SW1A 0PW; email: [e-mail]; telephone: [phone].

A hard copy of UNCLOS is available for inspection free of charge but by appointment at the Parliamentary Archives, Houses of Parliament, London SW1A 0PW (catalogue number: HL/PO/JO/10/11/3186/287). An electronic copy of Cm. 4524 can be found at https://treaties.fco.gov.uk/awweb/pdfopener?md=1&did=69421.

Future amendments to the Convention and other documents to which the ambulatory reference provision applies (regulation 3) may be obtained from the IMO and, after coming into force in the United Kingdom, found on https://treaties.fco.gov.uk/responsive/app/consolidatedSearch/. Until such publication is made, an amendment will be available from the MCA and on www.gov.uk. An amendment will be published in advance of its in force date by means of a Parliamentary Statement to both Houses of Parliament and by way of a Marine Guidance Note, which will be available in hard copy from MCA and on www.gov.uk.

A full Impact Assessment has not been produced for this instrument as it is not expected to have significant impact on the public or voluntary sectors and only minimal impact on the private sector is foreseen.

An Explanatory Memorandum is published alongside this instrument at www.legislation.gov.uk.