The Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement the revised version of Annex II of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 (“the MARPOL Convention”). Annex II contains regulations for the Control of Pollution by Noxious Liquid Substances in Bulk. As a consequence of these Regulations, the Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1996 (S.I. 1996/3010) and amending instruments (S.I. 1998/1153 and S.I. 2004/930) which implemented the previous version of Annex II, are revoked. Other consequential amendments and partial revocations are also made. Future amendments of provisions of the Convention and other instruments specified in these Regulations will be automatically incorporated into the Regulations by way of ambulatory reference (regulation 4).

The current version of Annex II came into force internationally on 1st January 2007 and further modifications have been made since that time. One of the key changes is to the way in which noxious liquid substances (“NLS”) are categorised; products are assigned to one of four pollution categories based on an evaluation of their potential harm to the marine environment.

Part 2 of the Regulations provides for the survey and certification of ships which are intended for, or engaged in, the carriage of NLS in bulk. It mainly applies to United Kingdom ships, but also includes provision for the survey of other NLS ships by UK authorities (regulation 17), and prohibiting other NLS ships from proceeding to sea in certain circumstances (regulation 21).

Part 3 of the Regulations imposes operational requirements on the carriage, discharge and unloading of NLS and on the documentation required to be carried on board an NLS ship. Part 3 applies to UK NLS ships wherever they are, and to other NLS ships in UK waters. In addition, regulations 24 (control of discharges of NLS from ships) and 26 (prohibition on the carriage and discharge of unassessed liquid substances) also apply to ships other than NLS ships and to ships other than UK ships which make a discharge which has caused, or is likely to cause, pollution within UK waters.

Part 4 of the Regulations applies provisions of the Polar Code to UK NLS ships operating in polar waters (the Antarctic Area and Arctic waters). The Polar Code came into force on 1st January 2017.

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

Information supporting these Regulations may be published in a Merchant Shipping Notice. Merchant Shipping Notices are published by the Maritime and Coastguard Agency. Copies may be obtained from https://www.gov.uk/government/organisations/maritime-and-coastguard-agency, by e-mail from [e-mail] with ‘Subscribe’ in the subject heading, or from M-Notices Subscriptions, PO Box 362, Europa Park, Grays, Essex RM17 9AY; Tel: [phone]; Fax: [phone].

The MARPOL Convention (including its Protocols, Annexes and amendments), the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STWC), the the International Convention for the Safety of Life at Sea (SOLAS), the BCH Code, IBC Code, IGC Code, Polar Code, and the OSV Guidelines 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 RO Code and resolutions of the IMO can be obtained from the IMO Library at the same address as IMO Publishing and from www.imo.org/en/MediaCentre/Pages/Default.aspx; email: [e-mail]; telephone: [phone]. 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 copy of the UNCLOS Convention may be obtained from http://treaties.fco.gov.uk/docs/pdf/1999/TS0081.pdf. or from the United Nations at the Division for Ocean Affairs and the Law of the Sea, Office of Legal Affairs, Room DC2-0450, United Nations, New York, NY 10017: telephone: [phone]: email [e-mail], and at http://www.un.org/Depts/los/convention_agreements/texts/unclos/unclos_e.pdf.

Future amendments to the Convention and other documents to which the ambulatory reference provision applies may be obtained from IMO Publishing or, where such amendments are made by a resolution of the IMO, from the IMO Library. 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 Merchant Shipping Notice.

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. A Regulatory Triage Assessment of the effect that this instrument will have on the costs of business and the voluntary sector is published with the Explanatory Memorandum alongside these Regulations at www.legislation.gov.uk.