Office of Public Sector Information

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement Directive 2005/35/EC of the European Parliament and of the Council of 7^th September 2005 on ship-source pollution and on the introduction of penalties for infringements (O.J. No. L 255, 30.9.2005, p.11). That Directive incorporates certain provisions of Annexes I and II to the International Convention for the Prevention of Pollution from Ships 1973 as amended by its Protocol of 1978 (“MARPOL 73/78”) into Community law.

Regulation 3 amends the Merchant Shipping Act 1995 to limit the provisions of section 131 regarding discharges of oil or a mixture containing oil into certain types of water that are not sea. Regulation 6 contains a transitional provision in relation to the amendments set out in regulation 3.

Regulation 4 makes amendments to the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996. The principal change is to insert new regulations 11A to 11C excepting from the prohibitions in regulations 12, 13 and 16 discharges of oil into the sea arising from damage to a ship or its equipment in certain circumstances. This removes existing defences in relation to certain discharges in those waters and introduces, in line with the Directive, new defences for those discharges which have a more limited range.

Regulation 5 amends the Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1996 to provide that penalties may be imposed on any person who causes or contributes to a prohibited discharge under certain circumstances.

A full impact assessment of the effect that the instrument will have on the costs of business and the voluntary sector has been prepared. A Transposition Note which sets out how Directive 2005/35/EC is to be transposed into UK law has also been prepared. Both documents are available from the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton SO15 1EG and are annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website (www.opsi.gov.uk). Copies of each document have been placed in the library of each House of Parliament.

Copies of MARPOL 73/78 may be obtained from the International Maritime Organization at 4 Albert Embankment, London SE1 7SR.