| David Unsworth Bay 2/29 Spring Place 105 Commercial Rd Southampton SO15 1EG United Kingdom |
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| To those on the attached list | Tel:+44 (0)2380839632 Fax:+44 (0)2380329204 |
E-mail:david.unsworth@mcga.gov.uk
Your ref:
Our ref: MNA 136/3/28
29 August 2008
Dear Colleague
Regulations to amend the Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004, and the Merchant Shipping (Reporting Requirements for Ships Carrying Dangerous or Polluting Goods) Regulations 1995
Summary
The purpose of this consultation is to seek comments on proposed amendments to the Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004 (SI 2004/2110) (“the 2004 Regulations”), and the Merchant Shipping (Reporting Requirements for Ships Carrying Dangerous or Polluting Goods) Regulations 1995 (SI 1995/2498)(“the 1995 Regulations”).
It is proposed to make the following amendments to the Regulations:
(1) to bring fishing vessels and traditional ships of 45 metres and above within the scope of the 2004 Regulations;
(2) to amend the 1995 Regulations correspondingly so that they continue to apply only to fishing vessels and traditional ships to which the 2004 Regulations do not apply;
(3) to require vessel notifications made prior to entry into port to be forwarded to the Maritime and Coastguard Agency electronically (by all applicable vessels) whenever this is practicable; and
(4) to clarify when it is lawful to make a disclosure of information under the 2004 Regulations.
Background
Directive 2002/59/EC establishes a Community vessel traffic monitoring and information system, and is known as the Vessel Traffic Monitoring Directive. The Directive is largely implemented into UK law through the above-named Regulations. However, it has been identified that our interpretation differed from that of the European Commission with respect to the application of the Directive to fishing vessels and traditional ships having a length of 45 metres and above.
The amending Regulations cover the following three topics:
First, an amendment to the application of the 2004 Regulations (regulation 4(2)) and the 1995 Regulations (regulation 3(4)) This is to ensure that fishing vessels and traditional ships of 45m and above in length are included within the 2004 Regulations, as specified in Article 2 of Directive 2002/59/EC.
Second, with regard to the notification of information received from vessels, prior to entry into port, by a port authority an amendment to regulation 5(6) of the 2004 Regulations, requiring that whenever practicable such information shall be notified by the port authority to the MCA electronically.
Finally, an amendment to regulation 16 of the 2004 Regulations (confidentiality of information) which aims to clarify when it is justified and lawful to make a disclosure of information.
Responding to consultation
Your comments are requested on the proposed amendments outlined above and in the attached documentation. In particular, we would appreciate your views on the possible cost implications to you, that may arise as a result of this amendment. The closing date for this consultation is 10 October 2008. Please send your replies to:
Mrs Jean Whitaker
Navigation Safety Branch
Maritime and Coastguard Agency
Bay 2/06, Spring Place
105 Commercial Rd
Southampton
SO15 1EG
or email: jean.whitaker@mcga.gov.uk
Responses, and any comments that the MCA has on them, will be published on the website as soon as possible after the consultation period has finished.
Ordinarily, the consultation period extends for 12 weeks, However, in this case where the amendments are considered to be of limited extent, this has been reduced to 6 weeks. If there is likely to be a problem in individual cases in responding within this shortened deadline, please contact the above-named to discuss.
Freedom of Information Act
Please also note that 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
MCA has set out to conduct this consultation in accordance with the following Cabinet Office criteria:
-consult widely throughout the process, allowing a minimum of 12 weeks for written consultation at least once during the development of the policy (although please see above in this case);
-be clear about what your proposals are, who may be affected, what questions are being asked and the timescale for responses;
-ensure that your consultation is clear, concise and widely accessible;
-give feedback regarding the responses received, and how the consultation process influenced the policy
-monitor your department’s effectiveness at consultation, including through the use of a designated consultation co-ordinator;
-ensure your consultation follows better regulation best practice, including carrying out a Regulatory Impact Assessment if appropriate;
-Should you have any comments or complaints about how this consultation has been conducted please direct them to the MCA’s Consultation Co-ordinator:
Consultation Coordinator
Office of the Chief Executive
MCA
Bay 3/29, Spring Place
105 Commercial Rd
Southampton
SO15 1EG
consultation.coordinator@mcga.gov.uk Tel: 02380329189
To download Impact Assessment of MS (Vessel Traffic Monitoring and Reporting Requirements) (Amendment) Regulations 2008 [Click Here] (PDF 134kb)
To download STATUTORY INSTRUMENTS 2008 No.MERCHANT SHIPPING The Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) (Amendment) Regulations2008 [Click Here](PDF 108kb)
