The Merchant Shipping (Anti-Fouling Systems) Regulations 2009

PART 1 U.K. PRELIMINARY

Citation and commencement U.K.

1.  These Regulations may be cited as the Merchant Shipping (Anti-Fouling Systems) Regulations 2009 and they come into force on 1st December 2009.

Interpretation U.K.

2.—(1) In these Regulations—

“the 1995 Act” means the Merchant Shipping Act 1995 M1 ;

“Annex I” means Annex I to the EC Regulation;

[F1 “Certifying Authority” means the Secretary of State or any person authorised by the Secretary of State in accordance with regulation 4 (certifying authorities) of the Merchant Shipping (Survey and Certification) Regulations 2015;]

[F2 “controlled waters” means the areas of sea specified by the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 2014 as waters within which the jurisdiction and rights of the United Kingdom are exercisable in accordance with Part XII of the United Nations Convention on the Law of the Sea for the protection and preservation of the marine environment;]

“the EC Regulation” means Regulation (EC) No 782/2003 of the European Parliament and of the Council of 14th April 2003 on the prohibition of organotin compounds on ships M2 ;

“master” includes every person (except a pilot) having command or charge of a ship;

“offshore terminal” means an installation situated away from the shore, where bulk, fluid or gas cargo (or more than one of these) is—

(a)

transferred between ships,

(b)

loaded onto a ship after having been transported from the shoreline, or

(c)

unloaded from a ship for transporting to the shoreline;

“operates under the authority of” has the same meaning as in Article 3(1)(b) of the EC Regulation (which provides for the scope of application of the Regulation);

“owner”, in relation to a ship, includes any person or organisation, including a manager, or a charterer on bareboat charter terms, who has assumed responsibility for the operation of the ship from the owner; and in this definition “bareboat charter terms” means the hiring of the ship for a stipulated period on terms which give the charterer possession and control of the ship, including the right to appoint the master and crew;

“ship”, except in the expression “United Kingdom ship”, means a vessel of any type whatsoever operating in the marine environment and includes hydrofoil boats, aircushion vehicles, submersibles, floating craft, fixed or floating platforms, floating storage units and floating production storage and off-loading units;

“surveyor of ships” means a person who is appointed as a surveyor of ships under section 256(2) of the 1995 Act;

“United Kingdom ship” has the same meaning as in section 85(2) of the 1995 Act M3 ;

“United Kingdom waters” means the sea or other waters within the seaward limits of the territorial sea of the United Kingdom; and

“voyage” includes an excursion, and is to be taken to commence when a ship leaves its berth or anchorage.

(2) In these Regulations, the following expressions have the meanings given in Article 2 of the EC Regulation (which provides definitions): “anti-fouling system”, “AFS-Convention”, “AFS-Certificate”, “AFS-Declaration”, “gross tonnage” and “length”.

(3) In these Regulations, a reference to a numbered Article or a numbered Annex is to the Article or Annex of that number in the EC Regulation.

(4) In the application of these Regulations to—

(a) an air-cushion vehicle, a reference to the master of a ship includes a reference to the captain of that air-cushion vehicle;

(b) a platform, a reference to the master of a ship includes a reference to the manager of that platform; and

(c) a fishing vessel, a reference to the master of a ship includes a reference to the skipper of that vessel.

Textual Amendments

F1 Words in reg. 2 substituted (31.12.2020) by The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(3), 7(2); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 2(1) substituted (28.1.2015) by The Merchant Shipping (Prevention of Pollution) (Limits) Regulations 2014 (S.I. 2014/3306), reg. 1, Sch. 2 para. 8

Marginal Citations

M1 1995 c.21.

M2 O.J. L 115, 9.5.2003, p.1; amended by Commission Regulation (EC) No 536/2008 of 13 June 2008 (O.J. L 156, 14.6.2008, p. 10), and Regulation (EC) No 219/2009 of the European Parliament and of the Council of 11 March 2009 (O.J. L 87, 31.3.2009, p.109). Added to Annex III of the EEA Agreement by Article 1 of the Decision of the EEA Joint Committee No. 159/2003 of 7th November 2003 (O.J. No. L 41, 12.2.2004, p.57).

M3 Section 85(2) has been amended by section 2(3) of the British Overseas Territories Act 2002 (c.8).

Application U.K.

3.—(1) Subject to paragraph (2) and to the provisions of individual regulations, these Regulations apply to any ship which—

(a) is a United Kingdom ship;

(b) is registered in [F3 an] EEA State and is in United Kingdom waters or controlled waters;

(c) is neither a United Kingdom ship nor registered in an EEA State, but which operates under the authority of the United Kingdom in United Kingdom waters or in controlled waters; or

(d) does not fall within sub-paragraph (a), (b) or (c), but which is in a port in the United Kingdom or at an offshore terminal in United Kingdom waters or controlled waters.

(2) These Regulations do not apply to—

(a) a warship;

(b) a naval auxiliary; or

(c) a ship owned or operated by a State and used, for the time being, only on government non-commercial service.

Textual Amendments

F3 Word in reg. 3(1)(b) substituted (31.12.2020) by The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(3), 7(3); 2020 c. 1, Sch. 5 para. 1(1)