If an operator operating an established regular scheduled service on a year round basis between a port within the United Kingdom and a port in the territory of another Contracting Government (in this regulation the “other port”) wishes to operate one or more additional ro-ro passenger ships for a shorter season on that service he shall notify the Secretary of State not later than three months before the said additional ships are operated on that service.

The significant wave heights which shall be used for determining the height of water when applying the technical standards contained in annex 2 to the Agreement in relation to such additional ships shall be those agreed between the Secretary of State and the Contracting Government of the territory in which the other port is situated.

If an operator fails to notify the Secretary of State of his intention to operate additional ships on a service in accordance with paragraph (1) of this regulation the significant wave heights which shall be used for determining the height of water when applying the technical standards contained in annex 2 to the Agreement in relation to such additional ships shall be those set out in annex 1 to the Agreement.