The Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997

Declaration

10.—(1) No packaged goods shall be offered for carriage or taken on board any ship unless a dangerous goods declaration or a marine pollutants declaration, or a combined dangerous goods and marine pollutants declaration, as appropriate has been provided to the master or operator.

(2) The declaration referred to in paragraph (1) shall accurately identify the date the document was prepared and the name, status and company or organisation of the signatory.

(3) No packaged goods shall be offered for carriage or taken on board any ship unless the master or operator has been provided with a document including without prejudice to regulation 11(2). Such details include the following details—

(a) the proper shipping name,

(b) the class and division where applicable,

(c) the United Nations (UN) numbers where allocated by the IMDG Code,

(d) where relevant the packaging or packing group,

(e) the number and kind of packages,

(f) the total quantity of dangerous goods or net explosive mass of the contents,

(g) the words MARINE POLLUTANT where appropriate; and

(h) any other information required by the IMDG Code.

(4) The declaration referred to in paragraph (1) shall be combined with the document referred to in paragraph (3).

(5) It shall be the duty of the shipper to deliver to the operator or master the declaration required by this regulation, unless he does not deliver the goods to the ship or its agent.

(6) In consigning the goods for carriage by sea, the shipper shall make proper provision to ensure the onward delivery of the declaration and document required by this regulation to the ship or its agent.

(7) In the case that the goods are not delivered by the shipper to the ship or its agent, but are provided to another person for onward delivery of the goods or for the consolidation of the goods with other goods or cargoes for eventual delivery, responsibility for providing the document and declaration shall rest upon the forwarder and each person responsible for onward transfer and delivery as it does for the shipper in paragraphs (5) and (6). Responsibility for providing the document and declaration shall not extend to those persons who are solely engaged in the loading of the goods onto the ship or moving the goods around the port or terminal.

(8) The requirements of paragraph (7) shall be without prejudice to the duties of the shipper contained in regulations 11 and 12.

(9) If a shipper, a forwarder, or other person referred to in paragraph (7)—

(a) fails to provide the operator or master of the ship with the document and declaration as required by this regulation, or

(b) provides a declaration or document which he knows to be false or recklessly makes a declaration which is false in a material particular,

he shall be guilty of an offence.

(10) If an operator or master accepts for carriage, or takes or receives on board any packaged goods for which a document and declaration which is required by this regulation has not been provided he shall be guilty of an offence.