The Merchant Shipping (Ship-to-Ship Transfers) (Amendment) Regulations 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations further amend the Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010 (“the 2010 Regulations”).

Regulation 2 inserts into the 2010 Regulations a new regulation 1(5) which provides that those Regulations are to cease to have effect seven years after they come into force, and a new regulation 1A requiring the Secretary of State to review the operation and effect of the 2010 Regulations and publish a report within five years after they come into force. Following the review it will fall to the Secretary of State to consider whether the 2010 Regulations should be allowed to expire as the new regulation 1(5) provides, be revoked early, or continue in force with or without amendment. A further instrument would be needed to continue the 2010 Regulations in force with or without amendments or to revoke them early.

Paragraphs (a) and (b) of regulation 3(3) alter the definition of “lightening operations” in the 2010 Regulations to include operations in which a ship is lightened in one harbour authority’s waters in order to enable it to move to shallower waters in another harbour authority’s waters.

Regulation 3(4) amends regulation 3 of the 2010 Regulations so as to designate a permit area in United Kingdom waters within which the Secretary of State may permit ship-to-ship cargo transfers of oil, and to permit bunkering transfers outside harbour authority waters between ships and their rescue boats and tenders.

Regulation 3(5) implements the new Chapter 8 of Annex I to the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating to that Convention, by inserting a new regulation 5A into the 2010 Regulations. This provides that ships of 150 gross tons or more must not carry out ship-to-ship cargo transfers of oil in the Pollution Control Zone after 1st April 2012 (regulation 3(2)) unless prior notice has been given to the Secretary of State. It also requires every such ship to carry and comply with a ship-to-ship transfer operations plan approved by its flag State, if it is to participate in a ship-to-ship cargo transfer of oil within United Kingdom waters or the Pollution Control Zone. For this purpose, “gross tonnage” is defined by a new Schedule 3 inserted into the 2010 Regulations by the Schedule to these Regulations.

Regulation 3(6) adjusts the transitional period provided for in regulation 8 of the 2010 Regulations so that it lasts for two years after those Regulations come into force, as originally intended.

A full impact assessment of the effect that this instrument 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 of that assessment is annexed to the Explanatory Memorandum which is available alongside the instrument on www.legislation.gov.uk. A copy has also been placed in the library of each House of Parliament.