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

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Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and replace the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1990. The principal changes are:

(a)The responsibilities formerly placed on the shipowner are now placed on the operator of the ship (who may include the owner, any charterer, manager and agent).

(b)The Regulations implement Article 4 of Council Directive No. 93/75/EEC (O.J. No. 247, P19, 5–10–93) relating to vessels bound for or leaving community ports and carrying dangerous or polluting goods (regulations 10, 20 and 21).

(c)The Regulations implement the 1991 Amendments to the Safety of Life at Sea Convention 1974 (Solas) adopted by the Maritime Safety Committee by Resolution requiring a Document of Compliance and the 1994 Amendments adopted by Resolution MSC.42(64) (as amended), requiring an approved cargo securing manual from 1st January 1998 (regulations 18 and 19).

(d)There are general duties to comply with the provisions of the IMDG Code.

(e)The IMO Codes are generally updated to those currently in force.

Copies of the Solas, its 1978 Protocol, and amendments, and of various Codes and the IMO Recommendations referred to in the Regulations are obtainable from the International Maritime Organisation, 4 Albert Embankment, London SE1 7SR.

Merchant Shipping Notices are obtainable from Eros Marketing Support Services Ltd, Unit B, Imber Court Trading Estate, Orchard Lane, East Molesley, Surrey KT8 0BN.

A copy of the compliance cost assessment for these Regulations can be obtained from the Marine Information Centre of the Marine Safety Agency, Spring Place, 105 Commercial Road, Southampton SO15 1EG.

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