Amendment of the Merchant Shipping (Prevention of Oil Pollution) Regulations 2019I12

1

The Merchant Shipping (Prevention of Oil Pollution) Regulations 20195 are amended as follows.

2

In regulation 7 (exemptions)—

a

in paragraph (4)(b), at the beginning, insert “on the giving of reasonable notice,”;

b

after paragraph (5), insert—

5A

Where an exemption is granted under paragraph (3) in respect of a UNSP barge which is a United Kingdom ship, in relation to regulation 10 (surveys), 12 (issue and endorsement of IOPP Certificates) or 13 (issue of UKOPP Certificates), the Secretary of State must issue a UNSP Exemption Certificate.

5B

Where an exemption is altered or cancelled under paragraph (4)(b), the Secretary of State must indicate this on the UNSP Exemption Certificate.

5C

The Secretary of State may, at the request of the Administration of another Convention Country, survey a UNSP barge entitled to fly the flag of that Convention Country for the purpose of issuing an exemption under paragraph (3) in relation to regulation 12 or 13 in respect of that ship and, if satisfied that the ship meets the requirements for that exemption, issue a UNSP Exemption Certificate in respect of that ship.

5D

A UNSP Exemption Certificate issued under paragraph (5C) must include a statement to the effect that it has been issued at the request of the Administration of a Convention Country.

5E

The Secretary of State must, as soon as possible after issuing a UNSP Exemption Certificate under paragraph (5C), send to the requesting Administration—

a

a copy of the UNSP Exemption Certificate so issued; and

b

a copy of the corresponding survey report.

5F

A UNSP Exemption Certificate must not be issued in respect of a ship entitled to fly the flag of a State which is not a Convention Country.

c

for paragraph (6), substitute—

6

In this regulation—

  • “UNSP” barge means an unmanned non-self-propelled barge that—

    1. a

      is not propelled by mechanical means;

    2. b

      carries no oil;

    3. c

      has no machinery fitted that may use oil or generate oil residue;

    4. d

      has no fuel tank, lubricating oil tank, oily bilge water holding tank and oil residue tank; and

    5. e

      has neither persons nor living animals on board; and

  • “UNSP Exemption Certificate” means the certificate described as “International Oil Pollution Prevention Exemption Certificate for Unmanned Non-self-propelled (UNSP) Barges” in appendix IV to Annex I.