Regulation (EC) No 782/2003 of the European Parliament and of the CouncilShow full title

Article 1 U.K. Objective

The purpose of this Regulation is to reduce or eliminate adverse effects on the marine environment and human health caused by organotin compounds, which act as active biocides in anti-fouling systems used on ships flying the flag of, or operating under the authority of, a Member State, and on ships, regardless of the flag they fly, sailing to or from ports of the Member States.

Article 2 U.K. Definitions

For the purpose of this Regulation:

1.

‘anti-fouling system’ means a coating, paint, surface treatment, surface, or device that is used on a ship to control or prevent attachment of unwanted organisms;

2.

‘gross tonnage’ means the gross tonnage calculated in accordance with the tonnage measurement regulations contained in Annex 1 to the International Convention on Tonnage Measurement of Ships, 1969, or any successor Convention;

3.

‘length’ means the length as defined in the International Convention on Load Lines, 1966, as modified by the Protocol of 1988 relating thereto, or any successor Convention;

4.

‘ship’ means a vessel of any type whatsoever operating in the marine environment and includes hydrofoil boats, air-cushion vehicles, submersibles, floating craft, fixed or floating platforms, floating storage units (FSUs) and floating production storage and off-loading units (FPSOs);

5.

‘AFS-Convention’ means the International Convention on the control of harmful anti-fouling systems on ships, adopted on 5 October 2001, irrespective of its entry into force;

6.

[F1 ‘recognised organisation’ means an organisation recognised in accordance with Regulation (EC) 391/2009 of the European Parliament and of the Council of 23rd April 2009 on common rules and standards for ship inspection and survey organisations;]

7.

‘AFS-Certificate’ means the certificate issued to ships in conformity with the provisions of Annex 4 to the AFS-Convention or, during the interim period, a certificate issued in accordance with the format laid down in Annex II to this Regulation, when it is issued by [F2 a Certifying Authority or] the administration of any Member State or by a recognised organisation acting on [F3 behalf of the Secretary of State or the administration of any Member State] ;

8.

‘AFS-Declaration’ means a declaration drawn up under the provisions of Annex 4 to the AFS-Convention or, during the interim period, a declaration signed by the owner or the owner's authorised agent and drawn up in accordance with the format laid down in Annex III to this Regulation;

9.

[F4 ‘European AFS-Statement of Compliance’ means a document recording compliance with Annex 1 to the AFS-Convention, issued by [F5 a Certifying Authority or] a recognised organisation on behalf of [F6 the Secretary of State or] the administration of a Member State;]

10.

‘interim period’ means the period beginning on 1 July 2003 and ending on the date of entry into force of the AFS-Convention.

11.

[F7 ‘United Kingdom ship’ has the same meaning as in section 85(2) of the Merchant Shipping Act 1995;

12.

‘Certifying Authority’ means the Secretary of State or any person authorised by the Secretary of State in accordance with regulation 4 (certifying authorities) of the Merchant Shipping (Survey and Certification) Regulations 2015]

Textual Amendments

F1 Words in Art. 2(6) substituted (31.12.2020) by The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(3), 8(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 2(7) inserted (31.12.2020) by The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(3), 8(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 2(7) substituted (31.12.2020) by The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(3), 8(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F4 Substituted by Commission Regulation (EC) No 536/2008 of 13 June 2008 giving effect to Article 6(3) and Article 7 of Regulation (EC) No 782/2003 of the European Parliament and of the Council on the prohibition of organotin compounds on ships and amending that Regulation.

F5 Words in Art. 2(9) inserted (31.12.2020) by The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(3), 8(2)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 2(9) inserted (31.12.2020) by The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(3), 8(2)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F7 Art. 2(11)(12) inserted (31.12.2020) by The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(3), 8(2)(d); 2020 c. 1, Sch. 5 para. 1(1)

Article 3 U.K. Scope

1. This Regulation shall apply to:

[F8 (za United Kingdom ships,]

(a) ships flying the flag of a Member State,

(b) ships not flying the flag of a Member State but operating under the authority of [F9 the United Kingdom or] a Member State, and

(c) ships that enter a port or offshore terminal of [F10 the United Kingdom or] a Member State but do not fall within points (a) or (b).

2. This Regulation shall not apply to any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being, only on government non-commercial service.

Textual Amendments

F8 Art. 3(1)(za) inserted (31.12.2020) by The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(3), 8(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 3(1)(b) inserted (31.12.2020) by The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(3), 8(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 3(1)(c) inserted (31.12.2020) by The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(3), 8(3)(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 4 U.K. Prohibition of the application of organotin compounds which act as biocides

As from 1 July 2003, organotin compounds which act as biocides in anti-fouling systems shall not be applied or re-applied on ships.

However, during the interim period this provision shall only apply to ships referred to in points (a) or (b) of Article 3(1).

Article 5 U.K. Prohibition of the bearing of organotin compounds which act as biocides

1. [F11 United Kingdom ships and ships] entitled to fly the flag of a Member State as from 1 July 2003, and whose anti-fouling system has been applied, changed or replaced after that date, shall not bear organotin compounds which act as biocides in anti-fouling systems on their hulls or external parts and surfaces, unless they bear a coating that forms a barrier to such compounds to prevent them leaching from the underlying non-compliant anti-fouling system.

2. As from 1 January 2008 the ships referred to in Article 3(1) shall either not bear organotin compounds which act as biocides in anti-fouling systems on their hulls or external parts and surfaces, or bear a coating that forms a barrier to such compounds leaching from the underlying non-compliant anti-fouling system.

3. Paragraphs 1 and 2 shall not apply to fixed and floating platforms, FSUs and FPSOs constructed prior to 1 July 2003 that have not been in dry-dock on or after that date.

Textual Amendments

F11 Words in Art. 5 substituted (31.12.2020) by The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(3), 8(4); 2020 c. 1, Sch. 5 para. 1(1)

Article 6 U.K. Survey and certification

1. The following shall apply as regards the survey and certification of [F12 United Kingdom ships] :

(a) Ships of 400 gross tonnage and above, excluding fixed or floating platforms, FSUs and FPSOs, shall be surveyed and certified as from 1 July 2003 in accordance with the requirements laid down in Annex I, before the ship is put into service for the first time, or when the anti-fouling systems are changed or replaced.

(b) Ships of 24 metres or more in length, but less than 400 gross tonnage, excluding fixed or floating platforms, FSUs and FPSOs, shall carry an AFS-Declaration to demonstrate compliance with Articles 4 and 5.

F13 ...

F14 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. The following shall apply as regards the recognition of certificates, declarations and statements of compliance:

(a) as from 1 July 2003, [F15 a Certifying Authority] shall recognise any AFS-Certificate;

[F4 (b) until a year after the date referred to in point (a), [F15 a Certifying Authority] shall recognise any European AFS-Statement of Compliance;]

(c) as from 1 July 2003, [F15 a Certifying Authority] shall recognise any AFS-Declaration.

These declarations shall be accompanied by appropriate documentation (such as a paint receipt or a contractor invoice) or contain an appropriate endorsement.

F16 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Substituted by Commission Regulation (EC) No 536/2008 of 13 June 2008 giving effect to Article 6(3) and Article 7 of Regulation (EC) No 782/2003 of the European Parliament and of the Council on the prohibition of organotin compounds on ships and amending that Regulation.

F12 Words in Art. 6(1) substituted (31.12.2020) by The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(3), 8(5)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 6(1) omitted (31.12.2020) by virtue of The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(3), 8(5)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F14 Art. 6(1)(c) omitted (31.12.2020) by virtue of The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(3), 8(5)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Art. 6(2) substituted (31.12.2020) by The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(3), 8(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

F16 Art. 6(3) omitted (31.12.2020) by virtue of The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(3), 8(5)(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 7 U.K. Port State control

During the interim period [F17 the Secretary of State or persons appointed by the Secretary of State] shall apply control provisions equivalent to those laid down in Directive 95/21/EC to ships of 400 gross tonnage and above flying the flag of a Member State. With regard to the inspections and detection of breaches, [F17 the Secretary of State or persons appointed by the Secretary of State] shall be guided by the provisions of Article 11 of the AFS-Convention.

F18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Words in Art. 7 substituted (31.12.2020) by The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(3), 8(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

F18 Words in Art. 7 omitted (31.12.2020) by virtue of The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(3), 8(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

[F19 Article 8 U.K. Adaptations

1. Subject to paragraph 2, the Secretary of State may make regulations to amend references in this Regulation to—

(a) the AFS-Convention;

(b) the AFS-Certificate;

(c) the AFS-Declaration;

(d) the AFS-Statement of Compliance;

(e) the European AFS-Statement of Compliance;

(f) the Annexes to this Regulation, including relevant International Maritime Organisation guidelines in relation to Article 11 of the AFS-Convention.

2. The power in paragraph 1 may only be exercised where the Secretary of State considers it necessary in order to—

(a) take account of developments at international level and in particular in the International Maritime Organisation; or

(b) improve the effectiveness of this Regulation.

3. Any power to make regulations under paragraph 1 is exercisable by statutory instrument.

4. Regulations made under paragraph 1 may—

(a) make different provision for different purposes, cases or areas;

(b) make consequential, incidental, supplementary, transitional or transitory or saving provisions.

5. A statutory instrument containing regulations made under paragraph 1 is subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F19 Art. 8 substituted (31.12.2020) by The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(3), 8(7); 2020 c. 1, Sch. 5 para. 1(1)

F20 Article 9 U.K. Committee procedure

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Textual Amendments

F20 Art. 9 omitted (31.12.2020) by virtue of The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(3), 8(8); 2020 c. 1, Sch. 5 para. 1(1)

F21 Article 10 U.K. Evaluation

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Textual Amendments

F21 Art. 10 omitted (31.12.2020) by virtue of The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(3), 8(8); 2020 c. 1, Sch. 5 para. 1(1)

Article 11 U.K. Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

F22 ...

Textual Amendments

F22 Words in Signature omitted (31.12.2020) by virtue of The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(3), 8(9); 2020 c. 1, Sch. 5 para. 1(1)