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"the Directive" means Directive 2002/59/EC of the European Parliament and of the Council of 27th June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC[6];

"domestic voyage" means a voyage from a port of an EEA State to the same or another port of that EEA State;

"EEA State" means a member State, Norway, Iceland or Liechtenstein;

"the IBC Code" means the 1998 edition of the IMO International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk;

"the IGC Code" means the 1993 edition of the IMO International Code for the Construction and Equipment of Ships Carrying Liquified Gases in Bulk;

"IMDG Code" means the 2002 edition of the IMO International Maritime Dangerous Goods Code;

"IMO" means the International Maritime Organization;

"the IMO guidelines" means the Guidelines for Vessel Traffic Services contained in IMO Resolution A.857(20) adopted on 27th November 1997;

"the ISM Code" means the International Management Code for the Safe Operation of Ships and for Pollution Prevention adopted on 4th November 1993 by the IMO by Resolution A.741(18);

"the MCA" means the Maritime and Coastguard Agency, an Executive Agency of the Department for Transport;

"the MARPOL Convention" means the International Convention for the Prevention of Pollution from Ships[7] and the 1978 Protocol thereto[8];

"Merchant Shipping Notice" means a Notice described as such and issued by the MCA;

"non-United Kingdom ship" means a ship which is not a United Kingdom ship;

"owner", as regards a ship, includes any organisation or person such as the manager or the bareboat charterer who has assumed responsibility for the operation of the ship from the owner of the ship, and who on assuming such responsibility has agreed to take over all the duties and responsibilities imposed by the ISM Code;

"port authority" is a port authority within the meaning of the Directive and in relation to the United Kingdom means a statutory harbour authority within the meaning of the 1995 Act, and "authority" in relation to a port shall be construed accordingly;

"ship" means a sea-going vessel or craft;

"the SOLAS Convention" means the International Convention for the Safety of Life at Sea, 1974[9] as amended in accordance with its Protocol of 1988[10] and the amendments in force on the date on which these Regulations come into force;

"traditional ship" means an historical ship or a replica of an historical ship operated according to traditional principles of seamanship and technique, and for the purposes of this definition, a replica of an historical ship includes such replica designed to encourage and promote traditional skills and seamanship;

"United Kingdom waters" means the sea or other waters within the seaward limits of the territorial sea of the United Kingdom;

"VTS" means vessel traffic service;

"vessel traffic service" means a service - 

(a) which is designed to improve the safety and efficiency of vessel traffic and to protect the environment and which is capable of interacting with that traffic and responding to traffic situations developing in the VTS area; and

(b) which, in relation to a service operated by the United Kingdom either alone or in conjunction with one or more States, is a service provided from within the United Kingdom which has been designated by the MCA in writing and is specified in a Merchant Shipping Notice.

    (2) For the purposes of these Regulations - 

(a) "accident" means any accident or occurrence affecting the safety of a ship, including, without prejudice to the generality of the foregoing, any occurrence whereby a ship - 


(i) is in collision,

(ii) grounds,

(iii) is damaged,

(iv) malfunctions or breaks down,

(v) suffers the flooding or shifting of cargo, or

(vi) suffers a defective hull or structural failure;



(b) "incident" means any incident which affects or could affect the safety of a ship or other ships, including, without prejudice to the generality of the foregoing, a failure or defect which affects or is likely to affect - 



(i) the manoeuvrability or seaworthiness,

(ii) the propulsion system,

(iii) the steering gear,

(iv) the electrical generating system,

(v) the navigation equipment, or

(vi) the communications system,



of that ship.

    (3) For the purposes of these Regulations, "dangerous goods" means - 

(a) goods classified as dangerous in the IMDG Code;

(b) dangerous liquid substances listed in Chapter 17 of the IBC Code;

(c) liquefied gases listed in Chapter 19 of the IGC Code;

(d) solids referred to in Appendix B of the BC Code;

(e) goods in respect of whose carriage appropriate preconditions have been imposed in accordance with paragraph 1.1.3 of the IBC Code or paragraph 1.1.6 of the IGC Code.

    (4) For the purposes of these Regulations, "polluting goods" means - 

(a) any oil, oily mixture, oil fuel or crude oil, as defined in Annex I to the MARPOL Convention;

(b) any noxious liquid substance, as defined in Annex II to the MARPOL Convention; and

(c) any marine pollutant identified in the IMDG Code.

    (5) For the purposes of these Regulations - 

(a) "United Kingdom ship" means a ship which - 


(i) is registered in the United Kingdom, or

(ii) is not registered under the law of any country but is wholly owned by persons each of whom is - 


(aa) a British Citizen, a British overseas territories citizen or a British Overseas citizen, or

(bb) a body corporate which is established under the law of any part of the United Kingdom and has its principal place of business in the United Kingdom; and



(b) "British Citizen", "British overseas territories citizen" and "British Overseas citizen" have the same meaning as in the British Nationality Act 1981[11].

    (6) Other expressions used in these Regulations (other than regulations 12(4) to 12(9)) and which are also used in the Directive shall have the same meaning as in the Directive and cognate expressions shall be construed accordingly.

    (7) Any reference in these Regulations to a particular Merchant Shipping Notice includes a reference to any such document amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time.

    (8) Any reference in these Regulations to - 

(a) the BC Code;

(b) the IBC Code;

(c) the IGC Code;

(d) the IMDG Code; or

(e) the ISM Code,

includes a reference to any document amending that publication which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice.

Competent authority
     3. For the purposes of these Regulations - 

(a) as regards the United Kingdom, the competent authority shall be the MCA;

(b) as regards an EEA State other than the United Kingdom, the competent authority shall be the authority designated as such by the EEA State in question in accordance with article 22 of the Directive.

Application
     4.  - (1) Subject to paragraph (2), and unless otherwise stated, these Regulations, apply to - 

(a) all United Kingdom ships wherever they may be; and

(b) all non-United Kingdom ships whilst they are in United Kingdom waters.

    (2) Subject to paragraph (5), these Regulations do not apply to - 

(a) ships of less than 300 gross tonnage, unless otherwise stated;

(b) warships, naval auxiliaries and other ships owned or operated by the Government of an EEA State which are used for non-commercial public service;

(c) fishing vessels;

(d) traditional ships;

(e) recreational craft having a length of less than 45 metres.

    (3) Subject to paragraph (5)(d), in relation to a ship, these Regulations do not apply to - 

(a) bunkers of less than 5,000 tonnes; and

(b) the stores and the equipment,

for use on board that ship.

    (4) For the purposes of regulation 10, in relation to a ship, bunkers for use on board that ship shall not be regarded as dangerous or polluting goods.

    (5) Regulation 12 applies to - 

(a) fishing vessels;

(b) traditional ships;

(c) recreational craft having a length of less than 45 metres; and

(d) in relation to a ship, bunkers of less than 5,000 tonnes for use on board that ship.

    (6) In this regulation, "length", in relation to a recreational craft, means either - 

(a) 96% of the total length of the craft on a waterline at 85% of the least moulded depth measured from the keel line; or

(b) the length from the foreside of the stem to the axis of the rudder stock on that waterline,

whichever is the greater, and where the craft in question is designed with rake of keel, the waterline on which the lengths referred to in (a) and (b) are measured shall be parallel to the designed waterline.

    (5) Where information has been notified in accordance with paragraph (2), the master of the ship in question shall notify immediately the authorities of the port to which the ship is bound of any changes to that information.

    (6) A port authority in the United Kingdom to whom information has been notified pursuant to this regulation shall, on receipt of that information, pass it to the MCA by the quickest means possible.

Vessel traffic services within territorial seas
     6.  - (1) The master of a United Kingdom ship shall ensure that, when the ship enters an area in respect of which a VTS is operated in accordance with the IMO guidelines by - 

(a) an EEA State within the territorial sea of that EEA State; or

(b) co-operating States within the territorial seas of those co-operating States,

the ship shall participate in, and comply with, the rules of that VTS.

    (2) The master of a non-United Kingdom ship shall ensure that, when the ship enters a relevant area in respect of which a VTS is operated in accordance with the IMO guidelines, the ship shall participate in, and comply with, the rules of that VTS.

    (3) In this regulation - 

(a) "co-operating States" means two or more States of which at least one shall be an EEA State;

(b) "nautical chart" and "nautical publication" have the same meaning as they have in regulation 2 in Chapter V of the Annex to the SOLAS Convention;

(c) "relevant area" means an area within the territorial sea of the United Kingdom;

(d) "rules", in relation to a VTS, means the most recent rules which have been - 


(i) published in a nautical chart or a nautical publication, or

(ii) promulgated so that masters of ships ought reasonably to be aware of them.

Vessel traffic services outside territorial seas
     7.  - (1) Paragraph (2) applies to - 

(a) a United Kingdom ship; and

(b) a non-United Kingdom ship which is bound for a port in the United Kingdom.

    (2) The master of a ship referred to in paragraph (1) shall ensure that, when the ship enters a VTS area outside the territorial sea of an EEA State and that VTS is operated in accordance with the IMO guidelines by - 

(a) an EEA State ; or

(b) co-operating States,

the ship shall participate in, and comply with, the rules of that VTS.

    (3) The master of a non-United Kingdom ship which is not bound for a port in the United Kingdom shall ensure that, when the ship enters a VTS area outside the territorial sea of the United Kingdom and that VTS is operated by - 

(a) the United Kingdom; or

(b) two or more States one of which is the United Kingdom,

the ship shall follow the rules of that VTS whenever possible.

    (4) If the MCA is of the opinion that a non-United Kingdom ship has failed substantially to comply with paragraph (3), the MCA shall report that failure to the flag State of the ship in question.

    (5) In this regulation, "co-operating States" and "rules", in relation to a VTS, have the same meaning as they have in regulation 6.

Installation of automatic identification systems
     8.  - (1) This regulation applies to - 

(a) a cargo craft;

(b) a cargo ship, other than a cargo craft, of 300 gross tonnage or more but less that 500 gross tonnage built on or after 1st July 2002 on a domestic voyage;

(c) a passenger ship built before 1st July 2002 on a domestic voyage;

(d) a tanker built before 1st July 2002 on a domestic voyage which has undergone a survey for safety equipment between 1st July 2003 and the date on which these Regulations come into force;

(e) a cargo ship, other than a cargo craft or a tanker, of 50,000 gross tonnage or more built before 1st July 2002 on a domestic voyage;

(f) a cargo ship, other than - 


(i) a cargo craft,

(ii) a tanker referred to in sub-paragraph (d), or

(iii) a cargo ship referred to in sub-paragph (e),



built before 1st July 2002 on a domestic voyage.

    (2) A ship referred to in paragraph (1), other than a ship referred to in paragraph (1)(f), shall be fitted with an automatic identification system, which complies with the relevant requirements.

    (3) Subject to paragraph (4), a ship referred to in paragraph (1)(f) shall be fitted with an automatic identification system, which complies with the relevant requirements in accordance with the timetable contained in Part I of Annex II to the Directive.

    (4) If a tanker built before 1st July 2002 on a domestic voyage has not undergone a survey for safety equipment since 1st July 2003, the tanker in question shall be fitted with an automatic identification system which complies with the relevant requirements no later than the next such survey.

    (5) In this regulation - 

(a) "cargo craft" means a high-speed craft, other than a craft carrying more than 12 passengers, which is capable of maintaining the main functions and safety systems of unaffected spaces after damage in any one compartment on board;

(b) "high speed craft" means a craft capable of a maximum speed in metres per second (m/s) equal to or exceeding: 3.7^0.1667 where = volume of displacement corresponding to the design waterline (m³), excluding craft the hull of which is supported clear above the water surface in non displacement mode by aerodynamic forces generated by ground effect; and

(c) "the relevant requirements" means the requirements of paragraph 2.4.5 of regulation 19 in Chapter V of the Annex to the SOLAS Convention.

Operation of automatic identification systems
     9. The master of a ship fitted with an automatic identification system shall ensure that the system is maintained in operation at all times except where international agreements, rules or standards provide for the protection of navigational information.

    (10) Where information has been notified in accordance with this regulation, the master of the ship in question shall notify immediately the person to whom that information was notified of any changes to that information.

Exemptions from the requirements of regulation 10
     11.  - (1) Subject to the conditions specified in paragraph (2), the Secretary of State may grant an exemption in respect of a scheduled service between ports within the United Kingdom so that regulation 10(2) shall not apply to the owner, agent or master of a ship engaged on that scheduled service.

    (2) The conditions referred to in paragraph (1) are that the person who operates the scheduled service shall - 

(a) maintain, and keep up to date, a list of the ships engaged on that scheduled service;

(b) send that list, and details of all updates, to the MCA;

(c) ensure that, in respect of each voyage made by a ship whilst engaged on the scheduled service, the information specified in the Annex to the Merchant Shipping Notice 1784(M) is kept so that it can be provided at any time by electronic means to the MCA immediately upon request.

    (3) The Secretary of State shall immediately revoke an exemption granted under paragraph (1) if he is satisfied that any condition contained in paragraph (2) is not complied with.

    (4) An exemption granted under paragraph (1), and any revocation thereof, shall be in writing.

    (5) Regulation 10(3), (4) and (5) shall not apply to the owner, agent or master of a ship engaged on an international scheduled service in respect of which there is in force an exemption granted pursuant to article 15.2 of the Directive.

(a) "controlled waters" means the areas of sea specified by the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 1996[12] as areas within which the jurisdiction and rights of the United Kingdom are exercisable in accordance with Part XII of the United Nations Convention on the Law of the Sea[13] for the protection and preservation of the marine environment;

(b) "dangerous packaged goods" means dangerous goods in packaged form including those in freight containers, portable tanks, road and rail vehicles and shipborne barges;

(c) "pollution event" means a discharge, or the threat of a discharge, of polluting goods into the sea; and

(d) "the standard reporting requirements" means the requirements stated in - 


(i) part 2 (Standard Reporting Format and Procedures), or

(ii) sections 3.1, 3.2 and 3.3 of part 3 (Guidelines for Detailed Reporting Requirements),



of the Appendix to the Annex to Resolution A.851(20) adopted by the Assembly of the IMO on 27th November 1997.

Measures to be taken in the event of exceptionally bad weather or sea conditions
     13.  - (1) This regulation applies whenever, in the event of exceptionally bad weather or sea conditions, the MCA are of the opinion, based on information provided to them by the Meteorological Office, that there is - 

(a) a serious threat of pollution in United Kingdom waters or the territorial sea of any other EEA State; or

(b) a risk to human life.

    (2) Whenever possible, the MCA shall provide to the master of every ship which intends to enter or leave a port in a relevant area full details of - 

(a) the weather conditions and the sea state ; and

(b) the danger such weather conditions and sea state may cause to-


(i) the ship, or

(ii) any people or cargo on board the ship.

    (3) Without prejudice to any measures which may be taken to give assistance to ships in distress, the MCA may give a recommendation described in paragraph (4) to the master of a ship in, or about to enter, a relevant area.

    (4) The recommendation referred to in paragraph (3) is a recommendation that the ship - 

(a) should enter or leave a port in a relevant area;

(b) should not enter or leave a port in a relevant area;

(c) should not be bunkered;

(d) should only be bunkered subject to certain conditions,

until the MCA are of the opinion that there is no longer a serious threat of pollution or a risk to human life as described in paragraph (1).

    (5) If the MCA are of the opinion that a ship in a relevant area - 

(a) should not be bunkered; or

(b) should only be bunkered subject to certain conditions,

the MCA shall inform the master of the ship of that opinion.

    (6) If the master of a ship is informed of an opinion pursuant to paragraph (5), the master shall ensure that the ship is not bunkered or that the conditions subject to which the ship should be bunkered are complied with, as the case may be.

    (7) A recommendation or an opinion given pursuant to this regulation - 

(a) shall be given to the master of the ship in question by the quickest means available; and

(b) if not given in writing, shall be confirmed in writing as soon as is practicably possible.

    (8) Where the MCA give a recommendation or an opinion pursuant to this regulation, the master of the ship in question shall inform the owner of that ship as soon as is practicably possible and by the quickest means available of the recommendation or the opinion.

    (9) If, as a result of the exercise of his professional judgement, the master decides not to act in accordance with a recommendation given pursuant to this regulation, the master shall inform the MCA of the reasons for his decision.

    (10) In this regulation - 

(a) "relevant area" means an area in United Kingdom waters in respect of which exceptionally bad weather or sea conditions are forecast;

(b) "professional judgement" means professional judgement as regards matters relating to safe navigation or the protection of the marine environment.

Measures to be taken in the event of incidents or accidents at sea
     14.  - (1) This regulation applies to the master of  - 

(a) a cargo ship of not less than 300 gross tonnage and not more than 500 gross tonnage on an international voyage;

(b) a cargo ship on a domestic voyage;

(c) a passenger ship other than - 


(i) a passenger ship of class I, II or II(A), or

(ii) a ro-ro ferry.

    (2) A master to whom this regulation applies shall inform the owner of the ship in question by the quickest means available of any accident or incident at sea in which the ship is involved or which affects the ship as soon as possible after the accident or incident occurs.

    (3) In this regulation - 

(a) "international voyage" means a voyage from a country to which the SOLAS Convention applies to a port outside that country, or conversely;

(b) "passenger ship of class I, II or II(A)" means a passenger ship so classified within the meaning of the Merchant Shipping (Passenger Ship Construction: Ships of Classes I. II and II(A)) Regulations 1998[14]; and

(c) "ro-ro ferry" means a seagoing passenger vessel with facilities to enable road or rail vehicles to roll on and roll off the vessel, and carrying more than 12 passengers.

Obligations of shipowners in relation to accidents and incidents
     15.  - (1) When the owner of a ship is informed by the master of that ship of an accident or incident at sea either in accordance with the ISM Code or in accordance with regulation 14 that owner - 

(a) shall inform the relevant authority immediately of the accident or incident; and

(b) shall give such assistance as may be reasonably required by the relevant authority.

    (2) In this regulation - 

(a) "coastal authority" means - 


(i) a person or body who provides a VTS,

(ii) a person or body who is responsible for a mandatory reporting system approved by the IMO, or

(iii) a person or body who is responsible for the co-ordination of search and rescue operations at sea or the co-ordination of operations to deal with pollution at sea; and



(b) "the relevant authority" means - 



(i) Her Majesty's Coastguard, where the accident or incident occurs in United Kingdom waters, or

(ii) the coastal authority of the EEA State, other than the United Kingdom, in whose territorial waters the accident or incident occurred.

Offences
     17.  - (1) Any contravention of regulation 5(2), 10(2), 10(3), 10(4), 10(5) or 10(8) shall be an offence by the owner, agent and master of the ship in question punishable - 

(a) on summary conviction by a fine not exceeding the statutory maximum; and

(b) on conviction on indictment by a fine.

    (2) Any person who, in purported compliance with regulation 5(2), 10(2), 10(3), 10(4), 10(5) or 10(8) makes a notification which he knows to be false in any material particular, shall be guilty of an offence and liable - 

(a) on summary conviction to a fine not exceeding the statutory maximum; and

(b) on conviction on indictment to a fine.

    (3) If the master of a ship fails to comply with regulation 5(5), 6(1), 6(2), 7(2), 10(10), 12(1), 12(2), 12(4), 12(5), 12(7), 13(6), 13(8), 13(9) or 14(2), that master shall be guilty of an offence and liable - 

(a) on summary conviction to a fine not exceeding the statutory maximum; and

(b) on conviction on indictment to a fine.

    (4) If a ship does not comply with regulation 8(2), 8(3) or 8(4), the owner of that ship shall be guilty of an offence and liable - 

(a) on summary conviction to a fine not exceeding the statutory maximum; and

(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or both.

    (5) If the master of a ship fails to comply with regulation 9, that master shall be guilty of an offence and liable - 

(a) on summary conviction to a fine not exceeding the statutory maximum; and

(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or both.

    (6) If a port authority fails to comply with regulation 5(6) or 10(9) that port authority shall be guilty of an offence and liable - 

(a) on summary conviction to a fine not exceeding the statutory maximum; and

(b) on conviction on indictment to a fine.

    (7) If the owner of a ship fails to comply with regulation 15(1), that owner shall be guilty of an offence and liable - 

(a) on summary conviction to a fine not exceeding the statutory maximum; and

(b) on conviction on indictment to a fine.

    (8) Any person who knowingly or recklessly discloses information in contravention of regulation 16(1) shall be guilty of an offence and liable - 

(a) on summary conviction to a fine not exceeding the statutory maximum; and

(b) on conviction on indictment to a fine.

Defences
     18. In any proceedings for an offence under these Regulations, other than an offence under regulation 17(2) or 17(8), it shall be a defence for a person charged under these Regulations to prove that he took all reasonable steps to avoid the commission of the offence.

Offences due to the fault of another person
     19. Where an offence under these Regulations is committed, or would have been committed but for the operation of regulation 18, by any person due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this regulation whether or not proceedings are taken against the first mentioned person.

Offences by corporate bodies
     20.  - (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 - 

(a) any director, manager, secretary or other similar officer of the body corporate; or

(b) 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 - 

(a) to have been committed with the consent or connivance of; or

(b) 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.

Detention of ships
     21. In any case where a ship does not comply with the requirements of these Regulations, the ship shall be liable to be detained and section 284 of the 1995 Act[15] (enforcing detention of ship) shall have effect in relation to the ship as if for the words "this Act", wherever they appear in that section, there were substituted the words "the Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004".

Amendments
     22.  - (1) In Schedule 3A to the 1995 Act[16], after sub-paragraph (d) of paragraph 1(2), there shall be inserted "(da) the owner of a hazardous substance in the ship,".

    (2) The Merchant Shipping (Reporting Requirements for Ships Carrying Dangerous or Polluting Goods) Regulations 1995[17] shall be amended in accordance with the provisions of Schedule 1.

    (3) In the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996[18], at the end of regulation 33(2)(i), there shall be added the words "and the Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004".

    (4) The Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997[19] shall be amended in accordance with the provisions of Schedule 2.

    (5) The Merchant Shipping (Safety of Navigation) Regulations 2002[20] shall be amended in accordance with the provisions of Schedule 3.



Signed by authority of the Secretary of State for Transport


David Jamieson
Parliamentary Under Secretary of State, Department for Transport

10th August 2004

    " (4) For the purposes of these Regulations - 


(a) "United Kingdom ship" means a ship which - 


(i) is registered in the United Kingdom, or

(ii) is not registered under the law of any country but is wholly owned by persons each of whom is - 


(aa) a British Citizen, a British overseas territories citizen or a British Overseas citizen, or

(bb) a body corporate which is established under the law of any part of the United Kingdom and has its principal place of business in the United Kingdom; and



(b) "British Citizen", "British overseas territories citizen" and "British Overseas citizen" have the same meaning as in the British Nationality Act 1981[21].".

     2. Regulation 3 shall be amended as follows - 

(a) in paragraph (1), for the words "paragraph (2) below", there shall be substituted "the provisions of this regulation,";

(b) after paragraph (1) there shall be inserted the following paragraph - 

    " (1A) These Regulations do not apply to ships of 300 gross tonnage or more, unless otherwise stated";

(c) in paragraph (2) - 


(i) after the words "apply to a ship" there shall be inserted "irrespective of size", and

(ii) for the words "the territorial sea thereof" there shall be substituted "the controlled waters"; and



(d) after paragraph (6) there shall be added the following paragraph - 

    " (7) In this regulation, "controlled waters" means the areas of sea specified by the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 1996[22] as areas within which the jurisdiction and rights of the United Kingdom are exercisable in accordance with Part XII of the United Nations Convention on the Law of the Sea[23] for the protection and preservation of the marine environment.".

     3. Regulation 4 shall be amended as follows - 

(a) paragraphs (1) and (2) shall be omitted; and

(b) in paragraph (3), for the words "any other State" there shall be substituted "any State other than the United Kingdom".

     4. For regulation 5 there shall be substituted the following regulation - 

     " 5.  - (1) This regulation applies to a United Kingdom ship irrespective of size.

    (2) Before a United Kingdom ship which is - 


(a) bound for a port which is not located in an EEA State; and

(b) carrying dangerous goods or harmful substances in packaged form,



leaves a port which is not located in an EEA State, the operator of that ship shall comply with the requirements of paragraphs 4.2 and 4.3 of Merchant Shipping Notice 1784(M).

    (3) In this regulation, "EEA State" means a member State, Norway, Iceland or Liechtenstein.".

     5. Regulations 6, 7 and 8 shall be omitted.

     6. Regulation 9 shall be amended as follows - 

(a) in paragraph (1), for the words "shall, (subject to paragraph (2) below) report the particulars of such an incident without delay and to the fullest extent possible together with the information specified in Schedule 1 to the Merchant Shipping Notice MSN 1741(M)," there shall be substituted "shall report the particulars of such an incident without delay and to the fullest extent possible together with the information specified in paragraph (2),"; and

(b) for paragraph (2) there shall be substituted the following paragraph - 

    " (2) The information referred to in paragraph (1) shall comprise - 


(a) the identity of the ship;

(b) the time, type and location of the incident;

(c) the quantity and type of dangerous goods or harmful substance involved; and

(d) details of assistance and salvage measures.".

     7. In regulation 11(a), for the words "a maritime rescue centre of the Coastguard Agency", there shall be substituted "the MCA".

     8. Regulations 12, 13 and 14 shall be omitted.

     9. Regulation 15 shall be amended as follows - 

(a) in paragraph (1), for the words "regulation 5(1), 6" there shall be substituted "regulation 5(2),";

(b) in paragraph (2), for the words "regulation 5(1), 6" there shall be substituted "regulation 5(2)";

(c) in paragraph (3) for the words "regulation 7, 8, 9(1) or (4), 10 so far as it relates to 9(1) or (4), or 12" there shall be substituted the words "regulation 9(1) or (4) or 10 so far as it relates to 9(1) or (4)";

(d) in paragraph (4) - 


(i) in sub-paragraph (b), the words "8 or" shall be omitted, and

(ii) sub-paragraph (c) shall be omitted; and



(e) paragraph (5) shall be omitted.

     10. In regulation 18, for the words "section 692 of the Merchant Shipping Act 1894" there shall be substituted "section 284 of the Merchant Shipping Act 1995[24]".

     11. Regulation 19 shall be amended as follows - 

(a) in paragraph (1), for the words "The Coastguard Agency" there shall be substituted the words "The MCA"; and

(b) paragraph (2) shall be omitted.

" "the MARPOL Convention" means the International Convention for the Prevention of Pollution from Ships 1973[25] and its 1978 Protocol[26];"; and

(g) the definition of "Marine Safety Agency" shall be omitted.

     3. In regulation 9, the words "5 or" shall be deleted.

     4. Regulation 10(2) shall be replaced by the following - 

    " (2) A declaration referred to in paragraph (1) shall contain details of - 


(a) the date on which the declaration was prepared;

(b) the name of the signatory;

(c) the company or organisation on whose behalf the signatory acts;

(d) the status of the signatory within the company or organisation; and

(e) the postal address, email address, telephone number and facsimile number of the person from whom detailed information about the packaged goods in question may be obtained.".

     5. In regulation 10(3) - 

(a) for the words "including without prejudice to regulation 11(2). Such details include", there shall be substituted "including, without prejudice to regulation 11(2),"; and

(b) there shall be added at the end - 


" (i) if appropriate, the class of ship needed for any packaged irradiated nuclear fuel, plutonium and high level radioactive wastes carried as cargo in accordance with class 7 of schedules 10 to 13 to the IMDG Code and the quantities of such goods.".

     6. In regulation 21(1) - 

(a) for the words "or marine pollutants", there shall be substituted ", marine pollutants or goods listed in Appendix B of the Bulk Cargoes Code"; and

(b) after the words "of the nature", there shall be inserted the words "and quantity".

     7. In regulation 21, after paragraph (1), there shall be inserted the following - 

    " (1A) A notification referred to in paragraph (1) shall contain details of the postal address, email address, telephone number and facsimile number of the person from whom detailed information about the packaged goods in question may be obtained.".

The publications referred to in sub-paragraphs (a) to (c) (with the exception of the INF Code) are defined in regulation 2(1). The INF Code is referred to in paragraph 1(b)(v) of Schedule 1.

The rules of VTS schemes operated in the United Kingdom can be found in the Admiralty List of Radio Signals Volume 6, which is published by the United Kingdom Hydrographic Office Admiralty Way Taunton Somerset TA1 2DN (telephone number 01823 337900; fax 01823 284077).

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]). They may also be accessed via the MCA's website at www.mcga.gov.uk.

A regulatory impact assessment of the effect which this instrument will have on the costs of business has been prepared and copies can be obtained from the Maritime and Coastguard Agency, Spring Place, 105, Commercial Road, Southampton, SO15 1EG. A copy has been placed in each House of Parliament.

A copy of the Transposition Note is also available from the Maritime and Coastguard Agency.

[2] S.I. 1993/595 and S.I. 1994/757.back

[3] 1995 c. 21.back

[4] S.I. 1987/470, amended by S.I. 1990 2595, S.I. 1997/2569 and S.I. 1998/254.back

[5] S.I. 1990/2595.back

[6] OJ No. L 208, 5.8.2002, p10.back

[7] Cmnd 5748.back

[8] Cmnd 7347.back

[9] Cmnd. 7874.back

[10] Cm 4420.back

[11] 1981 c .61.back

[12] S.I. 1996/2128, as amended by S.I. 1997/506.back

[13] Cmnd. 8941.back

[14] 1998/2514, amended by S.I. 2000/2687; there are other amending instruments but none is relevant.back

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

[16] Schedule 3A was inserted by Schedule 1 to the Marine Safety Act 2003 c. 16.back

[17] S.I. 1995/2498, amended by S.I. 1999/2121 and S.I. 2001/1638.back

[18] S.I. 1996/2154; relevant amending instrument is S.I.. 2004/303.back

[19] S.I. 1997/2367, to which there are no amendments relevant to these Regulations.back

[20] S.I. 2002/1473; relevant amending instrument is S.I. 2004/302. .back

[21] 1981 c. 61.back

[22] S.I. 1996/2128, as amended by S.I. 1997/506.back

[23] Cmnd. 8941.back

[24] 1995 c. 21.back

[25] Cmnd 5748.back

[26] Cmnd 7347.back

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