The Merchant Shipping (Reporting Requirements for Ships carrying Dangerous or Polluting Goods) (Amendment) Regulations 1999

Amendment of regulation 2 (Interpretation and revocation)

2.—(1) Regulation 2(1) of the principal Regulations shall be amended by the insertion after the words “polluting goods” of the words “as amended by Council Directive 98/55/EC(1)”.

(2) Regulation 2(2) of the principal Regulations shall be amended as set out in paragraphs (3) to (9) of this Regulation.

(3) In the definition of “dangerous goods”, after the words “IMDG Code ” there shall be added the words “including radioactive materials as referred to in the INF Code”.

(4) In the definition of “discharge” after the words “emitting and emptying” there shall be added the words “but does not include release of harmful substances directly arising from the exploration, exploitation and associated off-shore processing of sea-bed mineral resources”.

(5) In the definition of “Merchant Shipping Notice” for the words “ Marine Safety Agency of the Department of Transport” there shall be substituted the words “Secretary of State”.

(6) For the definition of “polluting goods” there shall be substituted the following definition:

• ““polluting goods” means:

  • oil as defined in MARPOL Annex I, excluding the bunkers and ship’s stores;

  • noxious liquid substances;

  • harmful substances in packaged form;”.

(7) The definition of “radioactive materials” shall be deleted.

(8) In the definition of the word “ship” the words “a structure which is a fixed or floating platform” shall be omitted.

(9) The following definitions shall be inserted:

““controlled waters” means the waters specified as areas within which the jurisdiction and rights of the United Kingdom are exercisable by the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 1996(2);”

• ““harmful substances in packaged form” has the meaning given by MARPOL Annex III;”

““installation” means any drilling or production platform or any other platform used in connection with the exploration, exploitation or associated offshore processing of seabed mineral resources;”

““INF Code” means the IMO code for the safe carriage of irradiated nuclear fuel, plutonium and high-level radioactive wastes in flasks on board ships, including amendments adopted on or before 1st January 1998;”

• ““noxious liquid substances” has the meaning given to it by the Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1996(3);”

““permitted level” means the quantity or instantaneous rate permitted under the relevant provisions of the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996(4) or the Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1996;”.

(10) Regulation 2(3) of the principal Regulations shall be amended by the insertion after the words “the IGC Code” of the words “, the INF Code”.

(1)

O.J. L215, 1.8.98, p. 65.

(2)

S.I. 1996/2128, amended by S.I. 1997/506.

(3)

S.I. 1996/3010, to which there are amendments not relevant to these Regulations.

(4)

S.I. 1996/2154.