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

Exceptions

8.—(1) Regulations 5(1) (prohibition on the discharge of garbage) and 6 (mixed garbage) do not apply to—

(a) the discharge of garbage necessary for the purpose of—

(i) securing the safety of a ship and those on board the ship; or

(ii) saving life at sea;

(b) the accidental loss of garbage—

(i) which is a result of damage to a ship or its equipment; and

(ii) where all reasonable precautions have been taken before and after the occurrence of the damage to prevent or minimise the accidental loss;

(c) the accidental loss of fishing gear, provided that all reasonable precautions have been taken to prevent the accidental loss; or

(d) the discharge of fishing gear for—

(i) the protection of the marine environment; or

(ii) for the safety of a ship or its crew.

(2) The requirement in—

(a) regulation 4 of Annex V (discharge of garbage outside special areas);

(b) regulation 6 of Annex V (discharge of garbage within special areas); and

(c) section 5.2 (operational requirements) of chapter 5 of part II-A of the Polar Code (prevention of pollution by garbage from ships),

that the discharge of garbage is only permitted while a ship is en route, does not apply to a discharge of food wastes where the retention on board a ship of the food wastes presents an imminent health risk to the persons on board.

(3) Where fishing gear accidentally lost or discharged pursuant to paragraph (1)(c) or (d) poses a significant threat to—

(a) the marine environment; or

(b) navigation,

the accidental loss or discharge must be reported in accordance with paragraph (4).

(4) A report under paragraph (3) must be to—

(a) the ship’s flag State; and

(b) any coastal State which has jurisdiction over the waters where the accidental loss or discharge occurred.

(5) In this regulation the following terms have the meaning given in regulation 1 of Annex V (definitions)—

(a) “en route”;

(b) “fishing gear”; and

(c) “food wastes”.