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Statutory
Instrument 2003 No. 1809
The Merchant
Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations
2003
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STATUTORY
INSTRUMENTS
2003 No. 1809
MERCHANT SHIPPING
The Merchant Shipping and Fishing Vessels (Port
Waste Reception Facilities) Regulations 2003
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Made
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14th July 2003
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Coming into force
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15th July 2003
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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 -
"the Act" means the Merchant Shipping Act 1995;
"cargo residues" means the remnants of any cargo material on board
in cargo holds or tanks which remain after unloading procedures and cleaning
operations are completed and includes excesses and spillage from loading or
unloading;
"Category A, B, C or D substance" means any substance listed and
identified as falling into Category A, B, C or D in column "c" in
Chapter 17 and Chapter 18 of the IBC Code; and any substance which is
provisionally assessed as a Category A, B, C or D substance; and a reference
to any such substance shall include a reference to any mixture containing
such substance;
"the Convention" means the International Convention for the
Prevention of Pollution from Ships 1973[5]
as revised from time to time;
"crude oil" means
any liquid hydrocarbon mixture occurring naturally in the earth, whether or
not treated to render it suitable for transportation, and
includes -
(a) crude oil from which certain distillate fractions
may have been removed; and
(b) crude oil to which certain distillate fractions may have been added;
"the Directive"
means Directive 2000/59/EC of the European Parliament and Council on port
reception facilities for ship-generated waste and cargo residues, as amended[6];
"fishing vessel"
means any ship equipped or used commercially for catching fish or other
living resources of the sea;
"fuel oil" means any
oil used as fuel in connection with the propulsion and auxiliary machinery of
the ship in which such oil is carried;
"IBC Code" means the
1998 Edition of the International Code for the Construction and Equipment of
Ships Carrying Dangerous Chemicals in Bulk published by the International
Maritime Organization;
"Maritime and Coastguard
Agency" means the Maritime and Coastguard Agency, an executive agency of
the Department for Transport;
"master", in the
application of these Regulations to hovercraft, includes the captain of a
hovercraft;
"Merchant Shipping
Notice" means a Notice described as such and issued by the Maritime and
Coastguard Agency; and any reference to a particular Merchant Shipping Notice
includes a reference to any document amending or replacing that Notice which
is considered by the Secretary of State to be relevant from time to time;
"noxious liquid
substance" means either a substance listed as such in MEPC Circular
2/CIRC.1 or a Category A, B, C or D substance, but does not include cargo
residues; and for this purpose "MEPC Circular" means a circular of
that description issued by the Marine Environment Protection Committee of the
International Maritime Organization;
"oil" means
petroleum in any form including crude oil, fuel oil, sludge, oil refuse and
refined products, other than oil-like substances which are subject to the
Merchant Shipping (Dangerous or Noxious Substances in Bulk) Regulations 1996[7];
"oily mixture" means
a mixture with any oil content;
"operational waste"
means all cargo-associated waste and maintenance waste; and for this purpose
"cargo-associated waste" means all materials which have become
wastes as a result of use on board a ship for cargo stowage and handling and
includes dunnage, shoring, pallets, lining and packing materials, plywood,
paper, cardboard, wire and steel strapping;
"owner" means the
owner, charterer, manager or operator of a ship;
"passenger" means
any person carried in a ship except -
(a) a person employed or engaged in any capacity on
board the ship on the business of the ship,
(b) a person on board the ship either in pursuance of the obligation laid
upon the master to carry shipwrecked, distressed or other persons, or by
reason of any circumstances that neither the master nor the company could
have prevented, and
(c) a child under one year of age;
"prescribed wastes"
means any waste of the following descriptions -
(a) cargo residues;
(b) noxious liquid substances; and
(c) ship-generated waste;
"recreational craft"
means a ship of any type, regardless of the means of propulsion, which is
intended for sports or leisure purposes;
"relevant inspector"
means a person mentioned in paragraphs (a), (b) or (c) of section 258(1) of
the Act;
"ship" means a
sea-going vessel of any type whatsoever (including hydrofoils, hovercraft,
submersibles and floating craft) operating in the marine environment beyond
the limits of waters of categories A and B as categorised in Merchant
Shipping Notice No. MSN 1776(M); and
"ship-generated
waste" means all waste and residues which are generated during the
service of a ship and which fall within the definitions of garbage, oil and
oily mixtures, but does not include cargo residues; and for this purpose
"garbage" means all kinds of victual, domestic and operational
waste excluding fresh fish and parts thereof, generated during the normal
operation of the ship and liable to be disposed of continuously or periodically,
except sewage originating from ships.
(2) For the purposes of these Regulations the
"competent authority" shall be -
(a) in relation to the United Kingdom, the Maritime and
Coastguard Agency;
(b) in relation to any other member State, the national maritime
administration maintained by that State for the inspection of ships; and
(c) in relation to a state other than a member State, any authority
designated as such by that State.
(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 -
(a) a
fishing vessel, or
(b) a recreational craft authorised to carry, or designed to carry, no more
than 12 passengers.
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 -
(a) the harbour or terminal
has no waste reception facilities; or
(b) if the harbour or terminal has such facilities, those facilities are not
adequate within the meaning in regulation 4,
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 -
(a) persons appearing to
the harbour authority or terminal operator to represent the interests
of -
(i) persons using the
harbour or terminal,
(ii) persons using the waste reception facilities at the harbour or terminal;
and
(b) such other
persons (if any) as the harbour authority or terminal operator thinks fit.
(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 -
(a) within three years of
the date on which the Secretary of State approved a waste management plan for
the harbour or terminal in question under regulation 10(2)(b)
of the Merchant Shipping (Port Waste Reception Facilities) Regulations 1997;
or
(b) within three years of the date on which the Secretary of State prepared
such a plan for the harbour or terminal in question pursuant to regulation 11
of those Regulations.
(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) -
(a) within nine months of
any significant change to the operation of the harbour or terminal since the
most recent plan was approved by the Secretary of State pursuant to
regulation 8(1) or prepared by him pursuant to regulation 9; or
(b) no later than three years after the most recent plan was approved by the
Secretary of State pursuant to regulation 8(1) or prepared by him pursuant to
regulation 9,
whichever is
the sooner.
Approval and implementation of waste management plans
8. - (1) The
Secretary of State may either -
(a) reject
a plan submitted in accordance with regulation 6; or
(b) approve the plan with or without modifications.
(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 -
(a) where it is known at
which harbour or terminal the ship will be calling, at least 24 hours before
the arrival of the ship;
(b) if the harbour or terminal at which the ship will be calling is not known
until less than 24 hours before the arrival of the ship at that harbour or
terminal, as soon as possible after the harbour or terminal is known; or
(c) where the duration of the voyage is less than 24 hours, at the latest
upon departure from the previous port.
(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 -
(a) where it is known that
the ship will be calling at the terminal, at least 24 hours before the
arrival of the ship;
(b) if it is not known that the ship will be calling at the terminal until
less than 24 hours before the arrival of the ship, as soon as possible after
it is known the ship will be calling at the terminal; or
(c) where the duration of the voyage is less than 24 hours, at the latest
upon departure from the previous port.
(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 -
(a) if the previous port
of call of the ship was a port in a member State,
and
(b) the Maritime and Coastguard Agency request it,
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 -
(a) if the previous port
of call of the ship was a port in a member State,
and
(b) the competent authority of that member State
requests it,
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 -
(a) the Secretary of State
is not satisfied that there is sufficient dedicated storage capacity for all
ship-generated waste that has been accumulated and which will accumulate
during the intended voyage of a ship to the port of delivery,
(b) there are good reasons to believe that adequate facilities are not
available at the intended port of delivery, or
(c) the intended port of delivery is not known to the Secretary of State,
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 -
(a) ensure that each ship
to which regulation 13 applies makes a significant contribution to the costs
of waste reception facilities for ship-generated waste in the harbour or
terminal, as the case may be (including the costs of the treatment and
disposal of waste), irrespective of actual use of the facilities; and
(b) provide no incentive for ships to discharge ship-generated waste into the
sea.
(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 -
(a) with the substitution for the references to the
persons mentioned in section 31(2)(a) and (b) and (3)(b) or, as the case may
be, section 7(1)(a) and (b) and (3)(b) of references to -
(i) the owners of ships which customarily navigate in
the harbour in question;
(ii) any persons who carry on harbour operations within that harbour; and
(iii) any other harbour authority to whose harbour ships obtain access
through that harbour,
or, in any of those cases, persons representative
of them; and
(b) with the omission of section 31(2)(iii) or, as the case may be, section
7(1)(iii).
(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 -
(a) with the substitution for the words "by a
harbour authority at a harbour which, in the exercise of and performance of
statutory powers and duties, they are engaged in improving, maintaining or
managing" in section 31(2) of the words "by a terminal operator at
a terminal which they operate";
(b) with the substitution for the references to the persons mentioned in
section 31(2)(a) and (b) and (3)(b) or, as the case may be, section 7(1)(a)
and (b) and (3)(b) of references to any persons who customarily use the
terminal in question; and
(c) with the omission of section 31(2)(iii) and the words "passengers or
goods" in section 31(2)(iv) or, as the case may be, section 7(1)(iii)
and the words "passengers or goods" in section 7(1)(iv).
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 -
(a) the
ship is engaged in scheduled traffic with frequent and regular port calls;
and
(b) there is sufficient evidence of an arrangement ensuring the delivery of
ship-generated waste and payment of charges in a port along the ship's route.
(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 -
(a) the master of a ship
has not complied with the requirement in regulation 11(2) or (3) to notify a
harbour authority or terminal operator, as the case may be; or
(b) a harbour authority or terminal operator has clear evidence that a ship
has proceeded to sea without the master having complied with regulation 12(1)
or 16(1), as the case may be,
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 -
(a) any requirement of
regulation 4 in relation to the provision of waste reception facilities;
(b) any requirement of regulation 6 or 7 to prepare a waste management plan
or to submit such a plan to the Secretary of State for approval; or
(c) any direction given under regulation 5 or 10 in relation to the provision
of waste reception facilities or the implementation of a waste management
plan,
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 -
(a) any requirement of regulation
11(2), (3), (5) or (6);
(b) the requirement under regulation 12(1);
(c) any direction given under regulation 12(3); or
(d) the requirement under regulation 16(1),
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 -
(a) any requirement of
regulation 11(2), (3), (5) or (6);
(b) the requirement under regulation 12(1);
(c) any direction given under regulation 12(3); or
(d) the requirement under regulation 16(1),
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 -
(a) send a report to the
government of the country in which the ship is registered; and
(b) detain the ship until such waste or residues have been delivered in
accordance with those regulations,
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 -
(a) references to
"relevant inspector" means a person making an inspection under
these Regulations;
(b) section 96 shall apply as if the following words were
omitted -
(i) in
subsection (1) "in pursuance of section 95(3)(b)";
(ii) in subsection (3), "to whether the ship was or was not a
dangerously unsafe ship"; and
(iii) in subsection (5), "as a dangerously unsafe ship".
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 -
(a) an assessment of the
need for waste reception facilities, in the light of the need of the ships
normally visiting the harbour or terminal;
(b) a description of the type and capacity of waste reception facilities;
(c) a detailed description of the procedures for the reception and collection
of prescribed wastes;
(d) a description of the charging system;
(e) procedures for reporting alleged inadequacies of waste reception
facilities;
(f) procedures for on-going consultations with persons using the harbour or
terminal, waste contractors and other interested parties; and
(g) the type and quantities of prescribed wastes received and handled.
3. A
waste management plan shall also include -
(a) a summary of
relevant legislation and formalities for delivery;
(b) identification of a person or persons to be responsible for the
implementation of the waste management plan;
(c) a description of the pre-treatment equipment and processes in the harbour
or terminal, if any;
(d) a description of methods of recording actual use of the waste reception
facilities;
(e) a description of methods of recording amounts of prescribed wastes
received;
(f) a description of how the prescribed wastes are disposed of.
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 -
(a) brief reference to fundamental importance of proper
delivery of prescribed wastes;
(b) location of waste reception facilities applicable to each berth, with a
diagram or map;
(c) list of prescribed wastes normally dealt with;
(d) list of contact points, the operators and the services offered;
(e) description of procedures for delivery;
(f) description of charging system; and
(g) procedures for reporting alleged inadequacies of waste reception
facilities.
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
all  some none (*)
of your waste into port reception facilities?
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
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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
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Sludge
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Bilge Water
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|
|
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|
|
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Others (specify)
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|
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2. Garbage
|
|
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Food waste
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Plastic
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Other
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3. Cargo-associated waste(1)
(specify)
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4. Cargo residues(1)
(specify)
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(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
the above details are accurate and correct and
there is sufficient dedicated onboard capacity
to store all waste generated between notification and the next port at which
waste will be delivered.
Date
Time
Signature
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 mca@promo-solution.com). 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
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