The Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010

Regulations 5(1)(a) and (4) and 6(4)

SCHEDULE 1 U.K. Initial determination of likely effects on European sites

1.  The harbour authority must— U.K.

(a) determine, and

(b) provide to the Secretary of State a written statement with reasons stating,

whether the cargo transfers to be carried out under the requested oil transfer licence are likely to have a significant effect on any European site, either individually or in combination with other plans or projects.

Commencement Information

I1 Sch. 1 para. 1 in force at 1.4.2012 for specified purposes, see reg. 1(4) (as amended by S.I. 2010/1769, reg. 2; S.I. 2011/974, reg. 2; and S.I. 2011/2183, reg. 2)

I2 Sch. 1 para. 1 in force at 1.10.2012 in so far as not already in force (subject to reg. 1(3)), see reg. 1(2)(3) (as amended by S.I. 2010/1769, reg. 2; S.I. 2011/974, reg. 2; and S.I. 2011/2183, reg. 2)

2.—(1) If the harbour authority determines that the cargo transfers are not likely to have a significant effect on any European site the Secretary of State must, on receipt of the harbour authority’s application, review that determination in the light of the environmental statement and any further information provided. U.K.

(2) If, following such review, the Secretary of State determines that the cargo transfers are likely to have a significant effect on any European site, the Secretary of State must give notice to the harbour authority to that effect.

Commencement Information

I3 Sch. 1 para. 2 in force at 1.4.2012 for specified purposes, see reg. 1(4) (as amended by S.I. 2010/1769, reg. 2; S.I. 2011/974, reg. 2; and S.I. 2011/2183, reg. 2)

I4 Sch. 1 para. 2 in force at 1.10.2012 in so far as not already in force (subject to reg. 1(3)), see reg. 1(2)(3) (as amended by S.I. 2010/1769, reg. 2; S.I. 2011/974, reg. 2; and S.I. 2011/2183, reg. 2)

3.—(1) If the harbour authority or the Secretary of State has determined that the cargo transfers are likely to have a significant effect on any European site, the procedure set out in Schedule 2 shall be modified as follows. U.K.

(2) Having considered the environmental statement provided in accordance with paragraph 1(1)(c) of Schedule 2, the Secretary of State must make an appropriate assessment of the implications of the proposed cargo transfers for the European site, in view of the conservation objectives of the site, for the purposes of Article 5 of the Habitats Directive.

(3) Before the Secretary of State may grant an oil transfer licence without having concluded that the proposed cargo transfers will not adversely affect a European site, the Secretary of State must be satisfied that—

(a) there is no appropriate alternative to granting the oil transfer licence in the proposed terms, and

(b) the oil transfer licence must be granted in view of imperative reasons of overriding public interest which, subject to sub-paragraph (4), may be of a social or economic nature.

(4) Where the European site referred to in sub-paragraph (3) hosts a priority natural habitat type or a priority species as defined in Article 1 of the Habitats Directive, the reasons referred to in that sub-paragraph must be either—

(i) reasons relating to human health, public safety or beneficial consequences of primary importance to the environment; or

(ii) reasons which are, in the opinion of the European Commission, imperative reasons of overriding public interest,

and the Secretary of State may seek the opinion of the European Commission in connection with sub-paragraph (4)(ii).

(5) Where the Secretary of State considers that any adverse effects of the proposed cargo transfers on the integrity of a European site would be avoided by granting an oil transfer licence subject to conditions, the Secretary of State may not grant the licence except subject to those conditions.

(6) If, in spite of a negative assessment of the environmental implications for the European site and in the absence of alternative solutions, the Secretary of State decides to grant the oil transfer licence for imperative reasons of overriding public interest, the Secretary of State must–

(a) ensure that all compensatory measures necessary to ensure that the overall coherence of Natura 2000 are taken; and

(b) inform the European Commission of the compensatory measures adopted.

Commencement Information

I5 Sch. 1 para. 3 in force at 1.4.2012 for specified purposes, see reg. 1(4) (as amended by S.I. 2010/1769, reg. 2; S.I. 2011/974, reg. 2; and S.I. 2011/2183, reg. 2)

I6 Sch. 1 para. 3 in force at 1.10.2012 in so far as not already in force (subject to reg. 1(3)), see reg. 1(2)(3) (as amended by S.I. 2010/1769, reg. 2; S.I. 2011/974, reg. 2; and S.I. 2011/2183, reg. 2)

Regulations 5(1)(b) and (4) and 6(4)

SCHEDULE 2 U.K. Procedure for grant of oil transfer licence

Application U.K.

1.—(1) — The application must contain—

(a) a chart or map (or both) sufficient to identify the locations of the proposed cargo transfers to be carried out under the oil transfer licence and the extent of any onshore infrastructure alterations which the cargo transfers would involve;

(b) a description of the proposed cargo transfers, including—

(i) the types of substances to be transferred;

(ii) the maximum quantities of each substance to be transferred in any single operation and/or within any specified time period;

(iii) the frequency of transfers; and

(iv) the types of ship to be used to carry out the transfers; and

(c) an environmental statement in respect of the cargo transfers which—

(i) is in writing; and

(ii) contains the information specified in paragraph 2.

(2) The harbour authority must comply with any reasonable request made by the Secretary of State as to—

(a) the format in which the harbour authority must provide the material referred to in sub-paragraph (1);

(b) the number of copies of the material in that format that the harbour authority must provide to the Secretary of State.

(3) Until this has been done the Secretary of State need not deal further with, or exercise any functions under these Regulations in relation to, the application.

Commencement Information

I7 Sch. 2 para. 1 in force at 1.4.2012 for specified purposes, see reg. 1(4) (as amended by S.I. 2010/1769, reg. 2; S.I. 2011/974, reg. 2; and S.I. 2011/2183, reg. 2)

I8 Sch. 2 para. 1 in force at 1.10.2012 in so far as not already in force (subject to reg. 1(3)), see reg. 1(2)(3) (as amended by S.I. 2010/1769, reg. 2; S.I. 2011/974, reg. 2; and S.I. 2011/2183, reg. 2)

Environmental statement U.K.

2.—(1) The environmental statement must contain—

(a) a description of any aspects of the environment likely to be significantly affected by the proposed cargo transfers, including—

(i) human beings, fauna and flora;

(ii) soil, water, air, climate and the landscape;

(iii) material assets and the cultural heritage; and

(iv) the interaction between any two or more of the things mentioned in sub-paragraphs (i) to (iii);

(b) a description, complying with sub-paragraph (2), of any significant effects the proposed cargo transfers are likely to have on the environment resulting from—

(i) the nature of the activities to be carried out and the manner in which they are to be carried out;

(ii) the use of natural resources;

(iii) the emission of pollutants;

(iv) the creation of nuisances; or

(v) the elimination of waste;

(c) a description of the forecasting methods used by the harbour authority to assess any effects that the proposed cargo transfers are likely to have on the environment;

(d) a description of the measures envisaged to prevent or reduce, and where possible offset, any significant effects of the proposed cargo transfers on the environment, including, if appropriate, any changes proposed to the harbour authority’s oil pollution emergency plan maintained in accordance with regulation 4 of the Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation) Regulations 1998(1);

(e) if applicable, an outline of the main alternatives to the proposed cargo transfers studied by the harbour authority and an indication of the main reasons for its choice, taking into account the environmental effects of those alternatives and the proposed cargo transfers;

(f) a non-technical summary of the information provided under paragraphs (a) to (e); and

(g) a description of any difficulties, such as technical deficiencies or lack of knowledge, encountered in compiling any information specified in paragraphs (a) to (e).

(2) The description referred to in sub-paragraph (1)(b) must cover—

(a) direct and indirect effects;

(b) secondary effects;

(c) cumulative effects;

(d) short-term, medium-term and long-term effects;

(e) permanent and temporary effects; and

(f) positive and negative effects.

Commencement Information

I9 Sch. 2 para. 2 in force at 1.4.2012 for specified purposes, see reg. 1(4) (as amended by S.I. 2010/1769, reg. 2; S.I. 2011/974, reg. 2; and S.I. 2011/2183, reg. 2)

I10 Sch. 2 para. 2 in force at 1.10.2012 in so far as not already in force (subject to reg. 1(3)), see reg. 1(2)(3) (as amended by S.I. 2010/1769, reg. 2; S.I. 2011/974, reg. 2; and S.I. 2011/2183, reg. 2)

Provision of further information U.K.

3.—(1) Where the Secretary of State reasonably considers that—

(a) further information is required for the proper consideration of the likely environmental effects of the proposed cargo transfers, and

(b) the harbour authority is or should be able to provide such information,

the Secretary of State must notify the harbour authority in writing of the matters on which further information is required.

(2) The Secretary of State need not deal further with, or exercise any functions under these Regulations in relation to, the application until any further information required in accordance with sub-paragraph (1) has been provided to the Secretary of State.

Commencement Information

I11 Sch. 2 para. 3 in force at 1.4.2012 for specified purposes, see reg. 1(4) (as amended by S.I. 2010/1769, reg. 2; S.I. 2011/974, reg. 2; and S.I. 2011/2183, reg. 2)

I12 Sch. 2 para. 3 in force at 1.10.2012 in so far as not already in force (subject to reg. 1(3)), see reg. 1(2)(3) (as amended by S.I. 2010/1769, reg. 2; S.I. 2011/974, reg. 2; and S.I. 2011/2183, reg. 2)

Consultation and publicity U.K.

4.—(1) The Secretary of State must either—

(a) supply the documents set out in sub-paragraph (2) to the consultation bodies, or

(b) direct the harbour authority to supply them to the consultation bodies.

(2) The documents referred to in sub-paragraph (1) are—

(a) a copy of the application;

(b) a copy of any further information supplied by the harbour authority to the Secretary of State under paragraph 3; and

(c) a letter stating that any representations regarding the application should be made in writing to the Secretary of State, at an address specified in the letter, within 42 days from the date of the letter (or such longer period as may be agreed between the consultation bodies and the Secretary of State).

(3) The Secretary of State must either—

(a) publicise the application by the method set out in sub-paragraph (4), or

(b) direct the harbour authority to publicise the application by the method set out in sub-paragraph (4).

(4) The method referred to in sub-paragraph (3) is—

(a) the publication, in two successive weeks, of a notice containing the information set out in sub-paragraph (5) in such newspapers or other publications as the Secretary of State considers appropriate, and

(b) such other steps as the Secretary of State considers appropriate.

(5) The information referred to in sub-paragraph (4) is—

(a) the harbour authority’s name and correspondence address;

(b) a statement that an environmental statement has been submitted in connection with an application for an oil transfer licence and that further information (if any) has been provided to the Secretary of State;

(c) a description of the proposed cargo transfers, including—

(i) the types of substances to be transferred;

(ii) the maximum quantities of each substance to be transferred in any single operation and/or within any specified time period;

(iii) the anticipated frequency of transfers; and

(iv) the types of ship to be used to carry out the transfers;

(d) the address of an office of the Secretary of State, or other place nominated by the Secretary of State, at which copies of the application and the further information (if any) may be inspected free of charge at all reasonable hours, within 42 days beginning with the date of publication of the notice;

(e) the address from which copies of the application and the further information (if any) may be obtained from the Secretary of State and, if a charge is to be made for a copy, the amount (not exceeding a reasonable charge for copying), of the charge; and

(f) a statement that any person wishing to make representations regarding the application and the further information (if any) should make them in writing to the Secretary of State at an address specified in the notice, within 42 days beginning with the date of publication of the notice.

(6) The Secretary of State need not deal further with, or exercise any functions under these Regulations in relation to, the application until—

(a) the harbour authority has complied with any directions given in accordance with sub-paragraph (1)(b) or (3)(b); and

(b) the expiry of—

(i) the consultation period, including any extension agreed in accordance with sub-paragraph (2)(c); and

(ii) the period for the making of representations in accordance with sub-paragraph (5)(f).

Commencement Information

I13 Sch. 2 para. 4 in force at 1.4.2012 for specified purposes, see reg. 1(4) (as amended by S.I. 2010/1769, reg. 2; S.I. 2011/974, reg. 2; and S.I. 2011/2183, reg. 2)

I14 Sch. 2 para. 4 in force at 1.10.2012 in so far as not already in force (subject to reg. 1(3)), see reg. 1(2)(3) (as amended by S.I. 2010/1769, reg. 2; S.I. 2011/974, reg. 2; and S.I. 2011/2183, reg. 2)

Licence decision, notification and publication U.K.

5.—(1) In reaching a licence decision, the Secretary of State must—

(a) have regard to—

(i) the application for the oil transfer licence;

(ii) any further information provided by the harbour authority pursuant to a notification under paragraph 3;

(iii) any representations received in accordance with the letter referred to in paragraph 4(2)(c); and

(iv) any representations received in accordance with the statement referred to in paragraph 4(5)(f); and

(b) take into account the direct and indirect effects of the proposed cargo transfers on—

(i) human beings, fauna and flora;

(ii) soil, water, air, climate and the landscape;

(iii) material assets and the cultural heritage; and

(iv) the interaction between any two or more of the things mentioned in sub-paragraphs (i) to (iii).

(2) The Secretary of State must send written confirmation of the licence decision to—

(a) the harbour authority;

(b) any consultation body which responded to the consultation in accordance with the letter referred to in paragraph 4(2)(c); and

(c) any person from whom the Secretary of State received representations in accordance with the statement referred to in paragraph 4(5)(f).

(3) The written confirmation must include—

(a) the main reasons and considerations on which the licence decision was based, including any opinion of the European Commission on matters of overriding public interest obtained under paragraph 3(4) of Schedule 1;

(b) if the licence decision involves granting the oil transfer licence, a description of any measures that must be taken in consequence of the grant to avoid or reduce, and where possible offset, any environmental effects of the cargo transfers; and

(c) such maximum duration of the oil transfer licence, if any, as the Secretary of State considers appropriate.

(4) The Secretary of State must ensure, as soon as possible after written confirmation is sent to the harbour authority pursuant to sub-paragraph (2)(a), that the licence decision is publicised in such manner as the Secretary of State considers appropriate.

Commencement Information

I15 Sch. 2 para. 5 in force at 1.4.2012 for specified purposes, see reg. 1(4) (as amended by S.I. 2010/1769, reg. 2; S.I. 2011/974, reg. 2; and S.I. 2011/2183, reg. 2)

I16 Sch. 2 para. 5 in force at 1.10.2012 in so far as not already in force (subject to reg. 1(3)), see reg. 1(2)(3) (as amended by S.I. 2010/1769, reg. 2; S.I. 2011/974, reg. 2; and S.I. 2011/2183, reg. 2)

Regulation 5A(5)

[F1 SCHEDULE 3 U.K. Gross Tonnage

Textual Amendments

F1 Sch. 3 inserted (31.3.2012) by The Merchant Shipping (Ship-to-Ship Transfers) (Amendment) Regulations 2012(S.I. 2012/742), regs. 1(2), 3(7), Sch.

1.   The “gross tonnage” of a United Kingdom ship is to be determined in accordance with paragraphs 3 to 5. The “gross tonnage” of a ship other than a United Kingdom ship is to be determined in accordance with paragraphs 6 to 8. U.K.

Commencement Information

I17 Sch. 3 para. 1 in force at 1.4.2012, see reg. 1(4) (as amended by S.I. 2010/1769, reg. 2; S.I. 2011/974, reg. 2; and S.I. 2011/2183, reg. 2)

2.   In this Schedule— U.K.

“the 1997 Regulations” means the Merchant Shipping (Tonnage) Regulations 1997;

“length” has the same meaning as in the 1997 Regulations; and

“the Tonnage Convention” means the International Convention on Tonnage Measurement of Ships, 1969.

Commencement Information

I18 Sch. 3 para. 2 in force at 1.4.2012, see reg. 1(4) (as amended by S.I. 2010/1769, reg. 2; S.I. 2011/974, reg. 2; and S.I. 2011/2183, reg. 2)

United Kingdom ships U.K.

3.   In the case of a ship of 24 metres in length or over for which the Secretary of State permits the continuing use of a gross tonnage pursuant to regulation 12(1) of the 1997 Regulations, the “gross tonnage” is the smaller of—

(a) the largest gross tonnage permitted for that ship pursuant to regulation 12(1) of the 1997 Regulations; and

(b) the gross tonnage of the ship determined in accordance with regulation 6 of the 1997 Regulations.

Commencement Information

I19 Sch. 3 para. 3 in force at 1.4.2012, see reg. 1(4) (as amended by S.I. 2010/1769, reg. 2; S.I. 2011/974, reg. 2; and S.I. 2011/2183, reg. 2)

4.   In the case of any other ship of 24 metres in length or over, the “gross tonnage” is the gross tonnage of the ship determined in accordance with regulation 6 of the 1997 Regulations.

Commencement Information

I20 Sch. 3 para. 4 in force at 1.4.2012, see reg. 1(4) (as amended by S.I. 2010/1769, reg. 2; S.I. 2011/974, reg. 2; and S.I. 2011/2183, reg. 2)

5.   In the case of a ship of less than 24 metres in length, the “gross tonnage” is the tonnage of the ship determined in accordance with regulation 14(2) of the 1997 Regulations.

Commencement Information

I21 Sch. 3 para. 5 in force at 1.4.2012, see reg. 1(4) (as amended by S.I. 2010/1769, reg. 2; S.I. 2011/974, reg. 2; and S.I. 2011/2183, reg. 2)

Ships other than United Kingdom ships U.K.

6.   Subject to paragraph 7, in the case of a ship which has a gross tonnage determined in accordance with the Tonnage Convention, the “gross tonnage” is that gross tonnage.

Commencement Information

I22 Sch. 3 para. 6 in force at 1.4.2012, see reg. 1(4) (as amended by S.I. 2010/1769, reg. 2; S.I. 2011/974, reg. 2; and S.I. 2011/2183, reg. 2)

7.   Where a ship has a gross tonnage determined in accordance with the Tonnage Convention but the State whose flag the ship flies or is entitled to fly permits the use of some other gross tonnage, the “gross tonnage” of the ship is the smaller of—

(a) the largest gross tonnage permitted by the flag State to be used for that ship; and

(b) the gross tonnage determined in accordance with the Tonnage Convention.

Commencement Information

I23 Sch. 3 para. 7 in force at 1.4.2012, see reg. 1(4) (as amended by S.I. 2010/1769, reg. 2; S.I. 2011/974, reg. 2; and S.I. 2011/2183, reg. 2)

8.   In the case of a ship which does not have a gross tonnage determined in accordance with the Tonnage Convention, the “gross tonnage” is the gross tonnage or equivalent measure determined in accordance with the law of the State whose flag the ship flies or is entitled to fly (and where the ship has more than one such gross tonnage or equivalent measure, the “gross tonnage” is to be taken to be the largest of them).]

Commencement Information

I24 Sch. 3 para. 8 in force at 1.4.2012, see reg. 1(4) (as amended by S.I. 2010/1769, reg. 2; S.I. 2011/974, reg. 2; and S.I. 2011/2183, reg. 2)

(1)

S.I.1998/1056.