The Merchant Shipping (Prevention of Oil Pollution) (Amendment) Regulations 2024

Amendment of the Merchant Shipping (Prevention of Oil Pollution) Regulations 2019

2.—(1) The Merchant Shipping (Prevention of Oil Pollution) Regulations 2019(1) are amended as follows.

(2) In regulation 27(1) (control of discharge of oil in certain special areas), in sub-paragraph (a), for “38.6.1” substitute “38.8.1”.

(3) After regulation 28 (special requirements for the use or carriage of oils in the Antarctic Area), insert—

“Special requirements for the use and carriage of oils as fuel in Arctic waters

28A.— (1) This regulation does not apply to ships—

(a) engaged in securing the safety of other ships;

(b) engaged in a search and rescue operation; or

(c) dedicated to oil spill preparedness and response.

(2) Subject to paragraph (3), the use and carriage of the oils referred to in regulation 43.1.2 of Annex I (oils other than crude oils etc.) as fuel by ships is prohibited in Arctic waters.

(3) The prohibition in paragraph (2) only applies to ships specified in paragraph (4) on or after 1st July 2029.

(4) The ships referred to in paragraph (3) are those to which—

(a) regulation 12A of Annex I (ships with an aggregate oil fuel capacity of 600m³ or above delivered on or after 1st August 2010); and

(b) regulation 1.2.1 of Chapter 1 of part II-A of the Polar Code (category A and B ships constructed on or after 1st January 2017 with an aggregate oil fuel capacity of less than 600m³),

apply.

(5) Where, prior to entering Arctic waters, the operations of a ship to which this regulation applies included the use and carriage of oils referred to in regulation 43.1.2 of Annex I as fuel, the cleaning or flushing of tanks or pipelines is not required.”.

(4) In regulation 38 (general provisions on detention)—

(a) in paragraph (3), for “27, 28,” substitute “27(3), 28(1), 28A(2) or (3),”;

(b) in paragraph (8)(a), for “27, 28,” substitute “27(3), 28(1), 28A(2) or (3),”;

(c) in paragraph (9)(a), for “27, 28,” substitute “27(3), 28(1), 28A(2) or (3),”;

(d) in paragraph (10), for “27, 28,” substitute “27(3), 28(1), 28A(2) or (3),”;

(e) in paragraph (11)(b), for “27 or 28” substitute “27(3), 28(1) or 28A(2) or (3)”.

(5) In regulation 39 (power for harbour master to detain)—

(a) in paragraph (1), for “27, 28,” substitute “27(3), 28(1), 28A(2) or (3),”;

(b) in paragraph (4)(a), for “27, 28,” substitute “27(3), 28(1), 28A(2) or (3),”;

(c) in paragraph (6), for “27, 28,” substitute “27(3), 28(1), 28A(2) or (3),”;

(d) in paragraph (7)(b), for “27 or 28” substitute “27(3), 28(1) or 28A(2) or (3)”.

(6) In regulation 42(1) (offences), in sub-paragraph (b), for “28,” substitute “28(1), 28A(2) or (3),”.

(7) In regulation 44(b) (enforcement and application of fines), for “28” substitute “28A”.

(8) In regulation 45 (restriction on jurisdiction over offences outside United Kingdom limits), in paragraph (1), for “28” substitute “28A”.

(9) In regulation 46 (suspension of proceedings at flag State request)—

(a) in paragraph (1), for “28” substitute “28A”; and

(b) in paragraph (3)(a), for “28” substitute “28A”.

(10) In regulation 47 (defences), in paragraph (2), for “28” substitute “28A”.

(1)

S.I. 2019/42, amended by S.I. 2021/818, S.I. 2022/1219, S.I. 2022/1234 and S.I. 2024/636.