The Merchant Shipping (Reporting Requirements for Ships carrying Dangerous or Polluting Goods) (Amendment) Regulations 1999

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Merchant Shipping (Reporting Requirements for Ships carrying Dangerous or Polluting Goods) Regulations 1995 (“the principal Regulations”).

The principal Regulations implement (inter alia) Council Directive 93/75/EEC relating to vessels bound for or leaving Community ports and carrying dangerous or polluting goods. That Directive has been amended by Council Directive 98/55/EC (O.J. L215, 1.8.98, p. 65). These Regulations implement that amending Directive by amending certain of the definitions in regulation 2(2) of the principal Regulations (regulation 2) and by incorporating in the principal Regulations references to a revised Merchant Shipping Notice (regulations 4 to 7).

The principal Regulations also implement Protocol 1 to the Convention for the Prevention of Pollution from Ships 1973 (MARPOL) and Chapter VII, regulation 7 – 1 of the International Convention for the Safety of Life at Sea 1974 (SOLAS), which make provision concerning reports on incidents involving harmful substances. Protocol 1 of MARPOL was amended by the Marine Environment Protection Committee Resolution MEPC.68(38) adopted on 10th July 1996. In addition to drafting amendments, including amendments to clarify the application of the Regulations to fixed and floating installations, these Regulations implement this amendment by amending regulation 9 of the principal Regulations, in particular by requiring a report to be made in certain circumstances involving damage, failure or breakdown of a ship of 15 metres in length or above (regulation 6).

Section 2(2) of the European Communities Act 1972 is cited as an enabling power in relation to regulation 6, which re-enacts regulation 9(1)(d) of the principal Regulations.

Regulation 15 of the principal Regulations, which makes provision as to offences, is amended to remove references to the master in connection with contraventions of and false notifications under regulation 5(1) of the Regulations and to clarify the application of this regulation with regard to installations (regulation 8).

A Regulatory Impact Assessment has been produced and a copy laid in the library of each House of Parliament. Copies can be obtained from the Department of the Environment, Transport and the Regions, Great Minster House, 76 Marsham Street, London SW1P 4DR (telephone number 0171 890 5424).

Merchant Shipping Notices may be obtained from Eros Marketing Support Services, Delta House, Imber Court Trading Estate, Orchard Lane, East Molesey, Surrey KT8 0BN (telephone number 0181 957 5028). Copies of the IMDG and INF Codes and of MARPOL and amendments thereto may be obtained from the International Maritime Organisation, 4 Albert Embankment, London SE1 7SR.