Please Click Here to view the written responses to the MARPOL Annex IV & V Amendment Consultation.
Lorraine Weller
Bay 2/01
Spring Place
105 Commercial Road
Southampton
SO15 1EG
United Kingdom
+44 (0)23 8032 9503
+44 (0)23 8032 9204
environment@mcga.gov.uk
Our ref: MS 010/025/0061
Date: 28th July 2009
Dear Consultee,
THE DRAFT MERCHANT SHIPPING (PREVENTION OF POLLUTION BY SEWAGE AND GARBAGE FROM SHIPS) (AMENDMENT) REGULATIONS 2009
This consultation letter seeks views on the Maritime and Coastguard Agency’s (MCA) draft Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) (Amendment) Regulations 2009. This consultation package will be accessible on the MCA web-site at www.mcga.gov.uk in the Guidance and Regulations section.
The Regulations address minor drafting amendments to the recently published Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 2008.
The draft Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) (Amendment) Regulations 2009 (Annex A)
Annexes IV and V of The International Convention on the Prevention of Pollution by Ships (MARPOL) contain provisions relating to the prevention of pollution by sewage and garbage from ships. These provisions were implemented into UK law by the Merchant Shipping (Prevention of Pollution by Sewage and Garbage Regulations from Ships) Regulations 2008.
A full consultation was undertaken in the spring of 2008 with approximately 96 stake holders and interested parties, and from whom 15 responses were received; these responses were considered and amendments made where appropriate.
The Joint Committee on Statutory Instruments reviewed the 2008 Regulations and noted three minor points which needed correcting. To make these corrections, an amendment to the 2008 Regulations is required. Whilst addressing these points the MCA considers it would be appropriate to update some other regulations which require clarification or amendment.
The Impact Assessment and consultation are not expected to be controversial or to generate any significant comment, for the reasons set out in this letter and Impact Assessment. Since a full consultation for the original Regulations was undertaken for a full 12 week consultation period as recently as spring 2008, it has been agreed that this consultation period will be for 8 weeks.
Amendments to the Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 2008
Definition of “short international voyage”
Regulation 2(1): the definition of “short international voyage” has been brought into line with the International Maritime Organizations Assembly Resolution A.997(25) adopted on 29 November 2007 on survey Guidelines under the Harmonized System of Survey and Certification 2007. This definition replaced 600 nautical miles with 1000 nautical miles.
Ships in ports and offshore terminals, and ships which are platforms
Regulation 6(4): In relation to offshore terminals, we noted that the reference to “United Kingdom waters or controlled waters” had been omitted in relation to offshore terminals. We also noted that it ought to be clarified that this provision applies in relation to ships which are fixed or floating platforms.
The text of regulation 6(4) has therefore been changed to make it clear that regulation 16(6) (which relates to deficient ships) applies not only to ships in UK ports but also to ships which are in an offshore terminal in UK waters (i.e. the UK’s territorial sea) or controlled waters (i.e. the defined zone beyond the territorial sea over which the UK has jurisdiction). It is also now made clear that regulation 16(6) applies to ships which are fixed platforms in United Kingdom waters or controlled waters, or which are floating platforms in such waters but are not in transit. Adding in this text now brings the provision in line with the other provisions in regulation 6 (which relates to the application of the 2008 Regulations).
Regulation 36(3)(b): for consistency, having amended regulation 6(4) we noted that it was also necessary to amend regulation 36(3) along similar lines. Regulation 36(3)(b) relates to where ships can be inspected.
Regulation 38(4)(b): as with regulation 36(3)(b), we noted that it was also necessary to amend regulation 38(4)(b) in the same way. This regulation relates to where ships can be detained.
Arbitration
Regulation 17: in relation to arbitration where an applicant for a survey is dissatisfied with the outcome of a survey, it was noted that in Scotland there is a default provision if the parties cannot agree on an arbitrator. There was, however, no default provision for the rest of the UK. This is now rectified by these amending Regulations.
Offences and fines
Regulation 42(1): A reference to regulation 15(5) was omitted from the list in paragraph (a) and this is now corrected. Also, there was no need at regulation 42(1) (g) and (h) to include the references to paragraphs (1) and (2) of regulation 34, as those paragraphs are already covered under regulation 42(1) (l) and (m). This is now corrected.
Regulation 44(a): We noted that there had been an omission of a reference to the “officer in charge” in this provision. The new text rectifies this.
Draft Impact Assessment (Annex B)
This provides an assessment of the costs and benefits of the amendments made to the 2008 Regulations. Please could you carefully consider the Impact Assessment and inform us of any costs or benefits which we may have overlooked.
Consultation List (Annex C)
Enclosed is a list of the consultees to whom the package has been sent.
You are invited to comment on the draft Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) (Amendment) Regulations 2009, and the Impact Assessment. I would be grateful if you could let me have your comments by Tuesday 22nd September 2009.
What Will Happen Next
After the consultation period has ended, time will be required for the analysis and presentation of the results. The consultation comments and MCA responses will then be published on the MCA website, in the ‘Closed Consultations’ section:
Freedom of Information Act
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).
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 disclaimer generated by your IT system will not, of itself, be regarded as binding on the Department.
The Department will process your personal data in accordance with the DPA and in the majority of circumstances this will mean that your personal data will not be disclosed to third parties.
Consultation Criteria
This consultation has been conducted in accordance with the six consultation criteria from the Government Code of Practice:
If you have any comments regarding the conduct of this consultation or feel that it does not comply with the Government Code of Practice please contact the Consultation Co-ordinator at consultation.coordinator@mcga.gov.uk. We are continually trying to improve the way in which we conduct consultations and appreciate your views, so we would also be grateful if you could complete and return the attached feedback questionnaire (Annex D). These should be submitted to the Consultation Co-ordinator and are not affected by the deadline for this consultation.
Yours sincerely,
Lorraine Weller
Senior Policy Advisor
88.5 KB
