The Merchant Shipping (Prevention of Oil Pollution) Regulations 2019

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement Annex I (Regulations for the Prevention of Pollution by Oil) of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 (“the MARPOL Convention”). Annex I first entered into force on 2nd October 1983, and the revised version of the Annex which these Regulations implement entered into force on 1st January 2007. Further amendments have been made to the Annex which are also implemented by these Regulations. As a consequence the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996 (S.I. 1996/2154) and other instruments which amend them are revoked, and other legislation is amended (regulation 1(2) and (3) and the Schedule).

Part 1 contains an ambulatory reference provision (regulation 4) which means that references to provisions in the MARPOL Convention and other relevant instruments which are specified in this instrument are to be read as references to those instruments as amended from time to time. This means that amendments to these provisions will be automatically incorporated into these Regulations.

Part 2 provides for the survey and certification of ships, and requires such vessels to be provided with an Oil Record Book (regulation 20).

Part 3 prohibits the discharge into the sea of oil from certain ships other than in prescribed circumstances.

Part 4 prescribes requirements as to the construction, provision of equipment and operation of the machinery space which ships must satisfy, and Part 5 makes similar provision in respect of the cargo areas of oil tankers.

Part 6 specifies the requirements which apply to offshore installations, and Part 7 requires oil tankers of 150 GT and above, and other ships of 400 GT and above, to carry a Shipboard Oil Pollution Emergency Plan approved by the Secretary of State.

Part 8 applies to ships operating in Polar waters (the Arctic waters and Antarctic area) and requires compliance with prescribed provisions in the International Code for Ships Operating in Polar Waters (the Polar Code). The Polar Code came into force on 1st January 2017.

Part 9 makes provision in relation to powers of inspection and detention of ships. Provision is also made for jurisdiction over offences committed outside United Kingdom waters (regulation 45) and for suspension of proceedings at the request of a flag State (regulation 46).

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 48). 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.

The MARPOL Convention, the RO Code and the Polar Code can be obtained from IMO Publishing, 4 Albert Embankment, London SE1 7SR; www.imo.org/publications; email: [e-mail]; telephone: [phone]. Resolutions of the IMO can be obtained from the IMO Library at the same address as IMO Publications and from www.imo.org.en/MediaCentre/Pages/Default.aspx, email: [e-mail]; telephone: [phone]. Hard copies of the resolutions can be obtained from the Maritime and Coastguard Agency (an executive agency of the Department for Transport) at Spring Place, 105 Commercial Road, Southampton, SO15 1EG, Tel: [phone], email: [e-mail]. Other than where specified in this instrument, copies of the Command Papers referred to 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]. Such Command Papers may be available electronically in the future on the FCO Treaty Database (https://treaties.fco.gov.uk).

Future amendments to the MARPOL Convention may be obtained in copy from the IMO and, after coming into force in the United Kingdom, found on the FCO Treaty Database. Until such publication is made on that site, copies of such amendments will be available from the Maritime and Coastguard Agency. Copies of other documents to which the ambulatory reference provision applies may be obtained from IMO Publishing or, where such amendments are made by resolution, from the IMO Library or the Maritime and Coastguard Agency. An amendment to which the ambulatory reference provision applies will be publicised 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 Notice, which will be available from the Maritime and Coastguard Agency.

Information supporting these Regulations may be published in a Marine Guidance Notice, Marine Shipping Notice or Marine Information Notice. Such notices are published by the Maritime and Coastguard Agency. Copies may be obtained from https://www.gov.uk/topic/ships-cargoes/m-notices and there is provision to subscribe to email alerts alerting the user to new notices. Hard copies may be obtained from the Maritime and Coastguard Agency.

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.

A full impact assessment has not been produced for this instrument as no significant impact on the private, voluntary or public sector is foreseen. A de minimis impact assessment is available from the Department for Transport, Great Minster House, 33 Horseferry Road, London, SW1P 4DR and is published with the Explanatory Memorandum alongside this instrument on www.legislation.gov.uk.