To all addressees on attached consultation list

Dear Sir/Madam

CONSULTATION ON AMENDMENT NO. 1 TO MERCHANT SHIPPING NOTICE 1817 - CONSOLIDATED EUROPEAN REPORTING SYSTEM (CERS) 1. SHIP ARRIVAL AND DEPARTURE NOTIFICATIONS, INCLUDING ADDITIONAL REQUIREMENTS FOR SHIPS CARRYING DANGEROUS GOODS OR POLLUTING GOODS (DPG);
2. REPORTING REQUIREMENTS IN THE EVENT OF AN ACCIDENT / INCIDENT  

1) This consultation letter seeks views on the Maritime and Coastguard Agency’s (MCA) Amendment No. 1 to Merchant Shipping Notice (MSN) 1817 - Consolidated European Reporting System (CERS) 1. Ship Arrival and Departure Notifications, including additional requirements for ships carrying Dangerous goods or polluting goods (DPG); 2. Reporting Requirements in the Event of an Accident / Incident.     

Summary of the Provisions

2) The Amendment details the changes brought about by the new Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004 (as amended) (SI 2004/2110), which amended the Merchant Shipping (Reporting Requirements for Ships Carrying Dangerous or Polluting Goods) Regulations 1995 and implemented the European Union (EU) Vessel Traffic Monitoring and Information System Directive 2002/59/EC].

3) Primarily the Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004 (as amended) (SI 2004/2110) apply to fishing vessels and traditional ships with a length of 45 metres and above.  They also placed a requirement on port authorities to pass notifications (entry into port and/or carriage of dangerous and polluting goods) to the MCA (CERs) electronically wherever practicable.

Consultation Package

4) Enclosed with this letter is a consultation package for the Amendment containing the following documents:

Annex A: Amendment No. 1 MSN Consolidated European Reporting System (CERS) 1. Ship Arrival and Departure Notifications, including additional requirements for ships carrying dangerous goods or polluting goods (DPG); 2. Reporting Requirements in the Event of an Accident / Incident  

Annex B: List of Consultees

Annex C: Code of Practice on Consultation

Annex D: Consultation Feedback Form

5) Comments on these and any other comments you wish to make should be provided in writing by post, fax or email to:-

Coastal Safety Technical Support Team
Maritime & Coastguard Agency
Bay 2/01 Spring Place
105 Commercial Road
Southampton
SO15 1EG

Tel:   023 8032 9100

Fax:   023 8032 9204

Email:  coastalsafety@mcga.gov.uk

to arrive no later than Friday 4 December 2009.    

6) Information provided in response to this consultation, including personal information, may be published or disclosed in accordance with the access to information regimes. These are primarily the Freedom of Information Act 2000 (FOIA), the Data Protection Act 1998 (DPA) and the Environmental Information Regulations 2004.

7)I f you want the information that you provide to be treated as confidential please be aware that, under the FOIA, there is a statutory Code of Practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence. In view of this it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimed generated by your IT system will not, of itself, be regarded as binding on the MCA.

8) The MCA will process your personal data in accordance with the Data Protection Act and in the majority of circumstances this will mean that your personal data will not be disclosed to third parties.

9)In t he light of any comments received, the Amendment MSN will be reviewed with the aim of publishing by the middle of January 2010.       

10) If your address details require any amendment, or you consider there are other persons who should be consulted or if you do not wish to be consulted on VTMD Regulations, please could you advise accordingly.  

11) This consultation is being conducted in accordance with Cabinet Office Code of Practice on Written Consultations.

Yours faithfully

Paul Townsend

Navigation Manager