The Merchant Shipping (Anti-Fouling Systems) Regulations 2024

Interpretation

3.  In these Regulations—

“the Act” means the Merchant Shipping Act 1995;

“AFS-Certificate” means the certificate issued in accordance with Annex 4 to the Convention;

“AFS-Declaration” means the declaration drawn up in accordance with Annex 4 to the Convention;

“anti-fouling system” has the same meaning as in article 2(2) of the Convention;

“Convention” means the International Convention on the Control of Harmful Anti-Fouling Systems on Ships, 2001(1);

“cybutryne” means the chemical substance bearing the Chemical Abstracts Service Number 28159-98-0(2);

“gross tonnage” means gross tonnage determined in accordance with regulation 6 (gross tonnage) or 12(1) (continuing use of previous gross tonnage) of the Merchant Shipping (Tonnage) Regulations 1997(3);

“international voyage” means a voyage between—

(a)

a port in the United Kingdom and a port outside the United Kingdom; or

(b)

a port in a Convention country (other than the United Kingdom) and a port in any other country or territory (whether a Convention country or not) which is outside the United Kingdom,

and, for the purposes of paragraph (b), “Convention country” means a country or territory which is either a country the Government of which is party to the Convention or a territory to which the Convention extends whether or not it is subject to the amendments to, or reservations in respect of, the Convention;

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

(1)

Cmnd 8284. The Convention was adopted on 18th October 2001 and came into force on 17th September 2008. The Convention has been amended by International Maritime Organization (IMO) Resolution MEPC.331(76) which was adopted by the IMO on 17th June 2021 and comes into force on 1st January 2023. The Convention may be obtained in copy from the International Maritime Organization of 4 Albert Embankment, London SE1 7SR or found on the Foreign, Commonwealth and Development Office treaties database (https://treaties.fcdo.gov.uk/awweb/pdfopener?md=1&did=70021). The IMO Resolution is available from the International Maritime Organization of 4 Albert Embankment, London SE1 7SR and its website (https://wwwcdn.imo.org/localresources/en/KnowledgeCentre/IndexofIMOResolutions/MEPCDocuments/MEPC.331(76).pdf) or found on the Foreign, Commonwealth and Development Office treaties database (https://treaties.fcdo.gov.uk/responsive/app/consolidatedSearch/).

(2)

The Chemical Abstracts Service assigns a unique identification number to every chemical substance described in open scientific literature.

(3)

S.I. 1997/1510, amended by S.I. 1998/1916, 1999/3206, 2020/362 and 2023/246; there are other amending instruments but none is relevant.