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STATUTORY INSTRUMENTS


2003 No. 1809

MERCHANT SHIPPING

The Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003

  Made 14th July 2003 
  Coming into force 15th July 2003 

Whereas the Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972[1] in relation to measures relating to the prevention, reduction and elimination of pollution of water and to maritime transport[2]:

     And whereas, in so far as the following Regulations are made in exercise of the powers conferred by section 130A of the Merchant Shipping Act 1995[3], the Secretary of State has consulted the organisations referred to in section 306(4) of that Act,

     Now, therefore, the Secretary of State, in exercise of the powers conferred upon him by section 2(2) of the European Communities Act 1972 and sections 130A(1) and (2), 130B(1), (2) and (5) to (7), 130C(2) and (7) and 130D(1) and (2) of the Merchant Shipping Act 1995 and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and revocation
     1.  - (1) These Regulations may be cited as the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003 and shall come into force on the day after the day on which they are made.

    (2) The Merchant Shipping (Port Waste Reception Facilities) Regulations 1997[
4] are revoked.

Interpretation, etc.
     2.  - (1) In these Regulations - 

    (2) For the purposes of these Regulations the "competent authority" shall be - 

    (3) Words and expressions used in these Regulations which are defined in the Act shall bear those meanings throughout these Regulations.

    (4) Any direction given under these Regulations shall be in writing.

Application
     3.  - (1) These Regulations apply to any harbour or terminal within a harbour in the United Kingdom.

    (2) Subject to paragraphs (3) and (4) these Regulations apply to all ships calling at or operating within a harbour or terminal to which these Regulations apply.

    (3) These Regulations do not apply to any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being, only on government non-commercial service.

    (4) Regulations 11 and 13 do not apply to a ship which is - 

Requirement to provide adequate waste reception facilities
    
4.  - (1) Every harbour authority and terminal operator shall provide waste reception facilities adequate to meet the needs of ships normally using the harbour or terminal in question without causing undue delay to ships.

    (2) In paragraph (1) "adequate" means capable of receiving the types and quantities of prescribed wastes from ships normally using that harbour or terminal taking into account the operational needs of the users of the harbour or terminal, its size and geographical location, the types of ships calling there and any exemptions provided for under regulation 15.

    (3) A harbour authority or terminal operator may, in discharging their duty under paragraph (1), join with any other person in providing the waste reception facilities, and references in these Regulations to the provision of such facilities by a harbour authority or terminal operator shall be construed accordingly; and any such power shall also include power to arrange for the provision of such reception facilities by any other person.

    (4) This regulation is subject to regulation 15(1).

Direction to provide adequate waste reception facilities
    
5. Where in respect of any harbour or terminal it appears to the Secretary of State, after consultation with the relevant harbour authority or terminal operator, that - 

the Secretary of State may direct the harbour authority or terminal operator to provide, or arrange for the provision of, such waste reception facilities as may be specified in the direction.

Requirements regarding waste management plans
    
6.  - (1) Subject to paragraph (3), every harbour authority shall prepare a waste management plan with respect to the provision and use of waste reception facilities in the harbour and the use of those facilities by ships using the harbour and shall submit the plan to the Secretary of State for approval.

    (2) The Secretary of State may direct that a terminal operator shall prepare a waste management plan with respect to the provision and use of waste reception facilities for any terminal operated by the terminal operator within a harbour and specified in the direction and submit it to the Secretary of State for approval.

    (3) Where the Secretary of State gives a direction under paragraph (2), in preparing a waste management plan under paragraph (1) the harbour authority for the harbour in which the terminal in question is situated shall not be required to deal with the provision and use of waste reception facilities for that terminal in the waste management plan which it prepares.

    (4) In preparing a waste management plan the harbour authority or terminal operator shall consult - 

    (5) A plan prepared under this regulation shall comply with the requirements in Schedule 1 to these Regulations.

    (6) A harbour authority may, in discharging their duty under paragraph (1) and where required for reasons of efficiency, join with one or more other harbour authorities to prepare a waste management plan with respect to the provision and use of waste reception facilities at the harbours in question.

    (7) Where a plan is prepared under paragraph (6) the need for, and availability of, waste reception facilities shall be specified for each individual harbour.

    (8) This regulation is subject to regulation 15(2).

Requirements regarding waste management plans: time for submission of first and subsequent plans
    
7.  - (1) Subject to paragraph (2), a harbour authority or terminal operator shall submit its first waste management plan to the Secretary of State for approval in accordance with regulation 6(1) or (2), as the case may be - 

    (2) A harbour authority for a new harbour, or a terminal operator for a new terminal to which a direction under regulation 6(2) applies, shall submit a waste management plan to the Secretary of State for approval in accordance with regulation 6(1) or (2), as the case may be, within nine months of the date on which the new harbour or terminal was opened; and for this purpose "new", in relation to a harbour or terminal, means a facility which commences operations after the coming into force of these Regulations.

    (3) A harbour authority or terminal operator shall submit subsequent waste management plans to the Secretary of State for approval in accordance with regulation 6(1) - 

whichever is the sooner.

Approval and implementation of waste management plans
    
8.  - (1) The Secretary of State may either - 

    (2) A plan which has been approved by the Secretary of State pursuant to paragraph (1) or prepared by the Secretary of State pursuant to regulation 9 shall be implemented by the harbour authority or the terminal operator for the harbour or terminal to which the plan relates.

Power of the Secretary of State to prepare a waste management plan
    
9. If the Secretary of State is satisfied that a person who is required to prepare a waste management plan is not taking any steps necessary in connection with the preparation of the plan the Secretary of State may prepare such a plan.

Direction to implement a waste management plan
    
10. The Secretary of State may direct any harbour authority or terminal operator to take such steps as are specified for the purposes of securing the implementation of a waste management plan in respect of the harbour or terminal in question which has been approved by him pursuant to regulation 8(1) or prepared by him pursuant to regulation 9.

Notification
    
11.  - (1) The master of a ship bound for a harbour or terminal shall complete a notice in the form set out in Schedule 2 to these Regulations.

    (2) Subject to paragraph (3), the information in the notice referred to in paragraph (1) shall be notified by the master to the harbour authority for the harbour or terminal in question - 

    (3) Where a waste management plan approved by the Secretary of State pursuant to regulation 8(1) or prepared by him pursuant to regulation 9 specifies that in relation to a specified terminal the information in the notice referred to in paragraph (1) is to be notified to the terminal operator rather than the harbour authority, that information shall be notified by the master to the terminal operator for the terminal in question - 

    (4) A copy of the notice referred to in paragraph (1) shall be retained on board the ship until at least the next port of call is reached.

    (5) The master of a ship bound for a harbour or terminal in the United Kingdom shall - 

produce to the Agency, immediately on request, a copy of the notice retained in accordance with paragraph (4).

    (6) The master of a United Kingdom ship calling at a port of another member State shall - 

produce to the competent authority, immediately on request, a copy of the notice retained in accordance with paragraph (4).

Delivery of ship-generated waste
    
12.  - (1) Subject to paragraph (2), the master of a ship calling at a harbour or terminal shall ensure that before the ship leaves the harbour or terminal all ship-generated waste is delivered to a waste reception facility.

    (2) Subject to paragraph (3), a ship may proceed to the next port of call without delivering ship-generated waste if it follows from the information notified under regulation 11(2) or (3) that there is sufficient dedicated storage capacity for all the ship-generated waste that has been accumulated and will be accumulated during the intended voyage of the ship to the port of delivery.

    (3) Where - 

he may give a direction to the master or owner of the ship requiring the ship-generated waste to be delivered before the ship leaves the harbour or terminal.

Charges for ship-generated waste
    
13.  - (1) Subject to paragraph (2), a harbour authority shall make charges ("waste charges") in respect of ships to which this regulation applies.

    (2) Where a waste management plan approved by the Secretary of State pursuant to regulation 8(1) or prepared by him pursuant to regulation 9 specifies that in relation to a specified terminal the charges under this regulation are to be made by the terminal operator rather than the harbour authority, the terminal operator shall make charges for ships to which this regulation applies.

    (3) A harbour authority or terminal operator (as the case may be) shall arrange for the amount of the charges made by it, and the basis on which they have been calculated, to be published in such manner as will bring them to the notice of persons likely to be affected.

    (4) Any ship using a harbour or terminal shall pay the charges made under paragraph (1) or (2) to the harbour authority or terminal operator, as the case may be.

Charges for ship-generated waste: further provisions
    
14.  - (1) Waste charges shall be made at such level as will - 

    (2) In making waste charges for ships a harbour authority or terminal operator may take into account the category, type and size of the ship.

    (3) A harbour authority or terminal operator may make lower waste charges for any ship the environmental management, design, equipment and operation of which are such that the master can demonstrate the ship produces reduced quantities of ship-generated waste.

    (4) In making waste charges under regulation 13(1) a harbour authority may make the charges in a combined charge under section 27A of the Harbours Act 1964[
8] or as a separate charge.

    (5) Subsections (2) to (12) of section 31 of the Harbours Act 1964, or in Northern Ireland subsections (1) and (3) to (11) of section 7 of the Harbours Act (Northern Ireland) 1970 (right of objection to ship, passenger and goods dues) shall apply as respects charges made by a harbour authority by virtue of regulation 13(1) as they apply as respects charges to which section 31 or, as the case may be, section 7 applies but - 

    (6) Subsections (2) to (12) of section 31 of the Harbours Act 1964, or in Northern Ireland subsections (1) and (3) to (11) of section 7 of the Harbours Act (Northern Ireland) 1970 (right of objection to ship, passenger and goods dues) shall apply as respects charges made by a terminal operator by virtue of regulation 13(2) as they apply as respects charges made by a harbour authority to which section 31 or, as the case may be, section 7 applies but - 

Exemptions
     15.  - (1) The Secretary of State may grant an exemption from regulation 4 in respect of any harbour authority or terminal operator to the extent that that regulation requires the harbour authority or terminal operator to provide waste reception facilities for noxious liquid substances.

    (2) The Secretary of State may grant an exemption from regulation 6 in respect of any harbour authority or terminal operator to the extent that that regulation requires the harbour authority or terminal operator to prepare a waste management plan with respect to the provision of waste reception facilities for noxious liquid substances.

    (3) The Secretary of State may grant an exemption from regulations 11, 12 and 13 in respect of any ship where - 

    (4) Any exemption granted under this regulation shall be given in writing.

    (5) The Secretary of State may, on giving reasonable notice, alter or cancel any exemption granted under this regulation.

Delivery of cargo residues
    
16.  - (1) The master of a ship calling at a harbour or terminal shall ensure that cargo residues are delivered to a waste reception facility in accordance with the Convention.

    (2) Any charges made for such delivery shall be payable by the user of the facility.

Non-compliance or suspected non-compliance
    
17.  - (1) Where - 

the harbour authority or terminal operator shall immediately inform the Maritime and Coastguard Agency.

    (2) Where there is clear evidence that a ship has proceeded to sea without having complied with regulation 12(1) or 16(1) the Secretary of State shall, if the next port of call of the ship is a port of another member State, inform the competent authority of the State in which the port is situated about the ship and the evidence.

    (3) Where the Maritime and Coastguard Agency has been informed by another competent authority of a ship in respect of which there is clear evidence of the type mentioned in paragraph (1) the Agency shall inspect the ship at the earliest opportunity.

Offences and penalties
    
18.  - (1) Any harbour authority or terminal operator which fails to comply with - 

shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

    (2) Any master who fails to comply with - 

shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

    (3) Where the master of a ship, in complying with regulation 11(2) or (3), notifies information which is false in a material particular, the owner of that ship and the master shall each be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

    (4) Where there is a contravention of - 

in respect of a ship the owner of that ship shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

    (5) In any proceedings for an offence under these Regulations it shall be a defence for the defendant to show that all reasonable steps had been taken by him to avoid committing the offence.

Offences by body corporate
    
19.  - (1) Where a body corporate is guilty of an offence under these Regulations and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

    (2) Where the affairs of a body corporate are managed by its members, paragraph (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

    (3) Where an offence under these Regulations committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Inspection and detention of a United Kingdom ship
    
20.  - (1) A relevant inspector may inspect any United Kingdom ship.

    (2) If the inspector is satisfied that ship-generated waste or cargo residues have not been delivered in accordance with regulation 12(1) or 16(1), he may detain the ship until such waste or residues have been delivered in accordance with those regulations.

    (3) If there is clear evidence that the ship has proceeded to sea without having complied with article 7 or 10 of the Directive the inspector shall detain the ship until a more detailed assessment of factors relating to the ship's compliance with these Regulations (such as the accuracy of any information provided in accordance with regulation 11), has taken place.

    (4) The relevant inspector shall not in the exercise of his power under this regulation detain or delay the ship unreasonably.

Inspection and detention of ships other than United Kingdom ships
    
21.  - (1) A relevant inspector may inspect any ship which is not a United Kingdom ship when the ship is in a United Kingdom port and, if he is satisfied that ship-generated waste or cargo residues have not been delivered in accordance with regulation 12(1) or 16(1) he may - 

when the ship has called at a United Kingdom port in the normal course of business or for operational reasons.

    (2) If there is clear evidence that the ship has proceeded to sea without having complied with article 7 or 10 of the Directive the inspector shall detain the ship until a more detailed assessment of factors relating to the ship's compliance with these Regulations (such as the accuracy of any information provided in accordance with regulation 11), has taken place.

    (3) If the ship is detained the relevant inspector shall forthwith notify the nearest maritime, consular or diplomatic representative of the State whose flag the ship is entitled to fly.

    (4) The relevant inspector shall not in the exercise of his power under this regulation detain or delay the ship unreasonably.

Enforcement of detention
    
22. Where a ship is liable to be detained under these Regulations, section 284 of the Act[9] (which relates to the detention of a ship) shall apply as if for the words "this Act", wherever they appear, there were substituted "the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003".

Arbitration and compensation
     23.  - (1) Sections 96 and 97 of the Act (arbitration and compensation) shall apply in relation to a detention notice under section 284 of the Act (as applied by regulation 22) as they apply to a detention notice under section 95(3) of the Act subject to the modifications in paragraph (2).

    (2) The modifications referred to in paragraph (1) are - 



Signed by authority of the Secretary of State for Transport


David Jamieson
Parliamentary Under Secretary of State, Department for Transport

14th July 2003



SCHEDULE 1
Regulation 6(5)


REQUIREMENTS FOR WASTE MANAGEMENT PLANS


     1. Waste management plans shall cover all types of prescribed wastes originating from ships normally visiting the harbour or terminal and shall be developed according to the size of the harbour or terminal and the types of ship calling at that harbour or terminal.

     2. A waste management plan shall address the following elements - 

     3. A waste management plan shall also include - 

     4. The procedures for reception, collection, storage, treatment and disposal should conform in all respects to an environmental management scheme suitable for the progressive reduction of the environmental impact of these activities. Such conformity shall be presumed if the procedures are in compliance with Regulation (EC) No. 761/2001 of the European Parliament and of the Council of 19 March 2001 allowing voluntary participation by organisations in a Community eco-management and audit scheme (EMAS)[10].

     5. The waste management plan shall provide for the following information to be made available to persons using the harbour or terminal - 



SCHEDULE 2
Regulation 11(1)


INFORMATION TO BE NOTIFIED




INFORMATION TO BE NOTIFIED BEFORE ENTRY INTO THE PORT OF

(The harbour, terminal or port referred to in regulation 11 of the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2002 and Article 6 of Directive 2000/59/EC)

     1. Name, call sign and, where appropriate, IMO identification number of the ship:

     2. Flag State:

     3. Estimated time of arrival (ETA):

     4. Estimated time of departure (ETD):

     5. Previous port of call:

     6. Next port of call:

     7. Last port and date when ship-generated waste was delivered:

     8. Are you delivering

     9. Type and amount of waste and residues to be delivered and/or remaining on board, and percentage of maximum storage capacity:

(*)Tick appropriate box.

If delivering all waste, complete second column as appropriate.

If delivering some or no waste, complete all columns.

Type Waste to be Delivered m3 Maximum dedicated storage capacity m3 Amount of waste retained on board m3 Port at which remaining waste will be delivered Estimated amount of waste to be generated between notification and next port of call m3
     1. Waste oils

                        
Sludge                         
Bilge Water                         
Others (specify)                         
     2. Garbage

                        
Food waste                         
Plastic                         
Other                         
     3. Cargo-associated waste(1) (specify)

                        
     4. Cargo residues(1) (specify)

                        

(1)May be estimates.

Notes:
     1. This information may be used for port State control and other inspection purposes.

     2. Member States will determine which bodies will receive copies of this notification.

     3. This form is to be completed unless the ship is covered by an exemption in accordance with Article 9 of Directive 2000/59/EC.

I confirm that



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations revoke and replace with amendments the Merchant Shipping (Port Waste Reception Facilities) Regulations 1997, and give effect to Directive 2000/59/EC of the European Parliament and of the Council (O.J. L 332, 28.12.2000, p.81), as amended by Directive 2002/84/EC of the European Parliament and of the Council (O.J. L 324, 29.11.2002, p.53). In addition to minor amendments, the significant differences are in the inclusion of (i) a duty to deliver waste to reception facilities in the harbour or terminal, (ii) a requirement to notify the harbour or terminal in advance of a ship's arrival, and (iii) a duty for harbour authorities and terminal operators to impose charges to cover the costs of waste reception facilities for ship-generated waste.

The Regulations are made under sections 130A to 130D of the Merchant Shipping Act 1995, except in so far as they relate to the requirement to provide information to a harbour or terminal in advance of a ship's arrival, the requirement on harbour authorities and terminal operators to charge for reception facilities and the application of the Regulations to hovercraft, where the power is provided by section 2(2) of the European Communities Act 1972.

Regulation 4 requires all harbour authorities and terminal operators to provide waste reception facilities which are adequate to deal with waste of types covered by the Regulations from ships normally using the harbour or terminal.

Regulations 5 to 8 are concerned with waste management plans for harbours and terminals; such plans are to be prepared and submitted to the Secretary of State for his approval. A harbour authority (or terminal operator, where the operator has prepared the plan) is required to implement an approved plan.

There are direction-making and default powers for the Secretary of State in regulations 5, 9 and 10.

Regulation 11 contains a requirement for the master of a ship bound for a harbour (or terminal, where the waste management plan so provides) to provide the harbour authority or terminal operator (as the case may be) with information concerning waste, including the quantities of waste to be delivered and the waste-storage capacity of the ship.

Regulations 12 and 16 require ship-generated waste and cargo residues, respectively, to be delivered to a waste reception facility; regulations 13 and 14 are concerned with charges to be imposed for the delivery of waste.

Regulation 15 contains powers for the Secretary of State to grant exemptions from some provisions of the Regulations.

There are provisions for inspection and detention, and the penalties to apply in cases of non-compliance.

A Regulatory Impact Assessment has been produced and a copy placed in the library of both Houses of Parliament. Copies may be obtained from Shipping Policy 2 Division, Department for Transport, 76 Marsham Street, London SW1P 4DR (telephone number 020 7944 3436).

A transposition note has been prepared and copies may be obtained from the Department for Transport at the address above.

Merchant Shipping Notices are published by the Maritime and Coastguard Agency. Copies may be obtained from Mail Marketing (Scotland), Bloomsgrove Industrial Estate, Norton Street, Nottingham NG7 3JG (telephone number 0115 9013336; fax 0115 9013334;
e-mail [email protected]). The Code and Circulars referred to in the Regulations can be obtained from the International Maritime Organization, 4 Albert Embankment, London SE1 7SR.


Notes:

[1] 1972 c.68.back

[2] S.I. 1989/2393 and S.I. 1994/757.back

[3] 1995 c.21. Sections 130A, 130B and 130D were inserted by the Merchant Shipping and Maritime Security Act 1997 (c.28), section 5.back

[4] S.I. 1997/3018, amended by S.I. 1998/531.back

[5] Cmnd. 5748; amended by the Protocol of 1978 (Cmnd. 7347).back

[6] O.J. L332, 28.12.2000, p.81, amended by Directive 2002/84/EC of the European Parliament and of the Council amending the Directives on maritime safety and the prevention of pollution from ships (O.J. L324, 29.11.2002, p.53).back

[7] S.I. 1996/3010; amended by S.I. 1997/2971, S.I. 1999/1953 and S.I. 2000/483.back

[8] 1964 c.40. Section 27A was inserted by paragraph 8(1) of Schedule 6 to the Transport Act 1981 (c.56).back

[9] Section 284 was amended by the Merchant Shipping and Maritime Security Act 1997, Schedule 1, paragraph 5 (c.28).back

[10] O.J. L114, 24.4.2001, p.1.back



ISBN 0 11 046882 1


 
© Crown copyright 2003
Prepared 23 July 2003


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