The Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements)(Amendment) Regulations 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement Directive 2009/17/EC (O.J. No. L 131, 28.5.2009, p.101) and Directive 2011/15/EU (O.J. No. L 49, 24.2.2011, p.33). Those Directives amend Directive 2002/59/EC (O.J. No. L 208, 5.8.2002, p.10) establishing a Community vessel traffic monitoring and information system. These Regulations amend the Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004 (S.I. 2004/2110: “the 2004 Regulations”) which implemented most of Directive 2002/59/EC and the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997 (S.I. 1997/236: “the 1997 Regulations”) which implemented, in part, Directive 2002/59/EC.

Regulation 2 and Schedule 1 amend the 2004 Regulations. Paragraphs 2, 3 and 4 set out further definitions for terms used in the Regulations and identify the up to date editions of the relevant Conventions and Codes. Paragraph 5 amends the application of the Regulations. Paragraph 6 provides for an exemption from the requirements in regulations 5 (notification prior to entry into port) and 10 (notification of ships carrying dangerous or polluting goods). Paragraphs 7 and 8 provide for fishing vessels of 15 metres or more to be fitted with an automatic identification system and paragraph 9 requires that it is maintained in operation at all times except when the master considers it unnecessary in the interest of the safety or security of his vessel. Paragraphs 10 and 11 update references to the Merchant Shipping Notice and make consequential amendments. Paragraph 12 amends regulation 12 (reporting of incidents and accidents at sea) to extend the reporting obligation to ships in United Kingdom waters. Paragraph 13 provides for measures to be taken in the event of risks posed by the presence of ice. Paragraphs 14 and 15 remove provisions regarding incidents and accidents at sea. Paragraph 16 amends the provision on the duty of confidentiality and paragraph 17 concerns penalties.

Regulation 3 and Schedule 2 amend the 1997 Regulations, updating references to the relevant Codes and Conventions and prescribe the additional information to be provided in the declaration required by regulation 10 (declaration) of those Regulations and provides that the declaration is to be provided before the goods are taken on board.

Both the 1997 and 2004 Regulations are amended to require the Secretary of State to review the operation and effect of those Regulations and publish a report within five years after the requirement comes into force and every five years thereafter. Following a review it will fall to the Secretary of State to consider whether the 1997 and the 2004 Regulations should remain as they are or be revoked or amended. For both the 1997 and the 2004 Regulations a further instrument will be required to revoke those Regulations or to amend them. (Paragraph 18, Schedule 1 and paragraph 4, Schedule 2.).

A full impact assessment of the effect these Regulations will have on the costs of business and the voluntary sector is available from the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone number 02380 329100). A copy has also been placed in the library of each House of Parliament. The impact assessment and transposition note are also annexed to the Explanatory Memorandum which is available alongside these Regulations at www.legislation.gov.uk. A copy has been placed in the library of both Houses.

Merchant Shipping Notices and Marine Guidance Notes are published by the MCA. Copies are available from M-Notices Subscriptions, P O Box 362, Europa Park, Grays, Essex RM17 9AY (telephone number 01375 484548; fax [phone]; e-mail [e-mail] ). They may also be accessed on the MCA’s website www.mcga.gov.uk, which also has details of any amendments or replacements.

IMO publications can be purchased from the IMO Publishing webshop (www.imo.org) or from authorised distributors world wide (e-mail [e-mail]).