Navigation Safety Branch
Bay 2/04
Spring Place
105 Commercial Road
Southampton
SO15 1EG
Tel: +44 (0) 23 80329523
Fax: +44 (0) 23 80329204
Email: paul.townsend@mcga.gov.uk
30 July 2009
To all addressees on attached consultation list
Dear Sir/Madam
CONSULTATION ON MARINE GUIDANCE NOTE (MGN): CONSOLIDATED EUROPEAN REPORTING SYSTEM (CERS) - EXEMPTION ARRANGEMENTS UNDER THE MERCHANT SHIPPING (VESSEL TRAFFIC MONITORING AND REPORTING REQUIREMENTS) REGULATIONS 2004 (AS AMENDED)
1) This consultation letter seeks views on the Maritime and Coastguard Agency’s (MCA) new Marine Guidance Notice, which replaces Marine Information Note (MIN) 313 Notification Requirements and Exemption Arrangements under the Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004 (as amended).
Summary of the Provisions
2) The MGN describes notification exemption arrangements where allowed under the Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004 (as amended) which implement in United Kingdom (UK) law European Community Directive 2002/59/EC establishing a community vessel traffic monitoring and information system, known as the Vessel Traffic Monitoring Directive (VTMD).
3) Information that is required in support of an application to be exempt from the notification of dangerous or polluting goods carried on board is set out in the Appendix to the Notice.
4) UK port authorities are responsible for forwarding relevant information to MCA for capture in the Consolidated European Reporting System (CERS).
Consultation Package
5) Enclosed with this letter is a consultation package for the MGN containing the following documents:
Annex B: List of consultees
Annex C: Code of Practice on Consultation
Annex D: Consultation Feedback Form
6) Comments on these and any other comments you wish to make should be provided in writing by post, fax or email to:-
Helen Croxson
Navigation Safety Branch
Maritime & Coastguard Agency
Bay 2/04 Spring Place
105 Commercial Road
Southampton
SO15 1EG
Tel: 023 8032 9437
Fax: 023 8032 9204
Email: Helen.Croxson@mcga.gov.uk
to arrive no later than 23 October 2009
7) 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.
8) If 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.
9) 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.
10) In the light of any comments received, the draft MGN will be reviewed with the aim of publishing by the end of November 2009.
11) 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.
12) This consultation is being conducted in accordance with Cabinet Office Code of Practice on Written Consultations.
13) Electronic versions of the consultation documents can be found on the MCA Website using the following address “http://www.mcga.gov.uk/mcga07-home/shipsandcargoes/consultations.htm”. This will open up the "Current Consultations" page on which is listed the consultation on "CERS Exemption Arrangements”.
Yours faithfully
Paul Townsend
Navigation Manager
