The Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement Annexes IV (Regulations for the Prevention of Pollution by Sewage) and V (Regulations for the Prevention of Pollution by Garbage) of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating to that Convention (“the Convention”). Annex IV came into force internationally on 27th September 2003, and a revised Annex IV came into force on 1st August 2005. Annex V came into force internationally on 31st December 1988.

In relation to Annex IV, the Regulations make provision for the surveys to be carried out and Sewage Certificates to be issued (regulations 7 to 19). They also provide for surveys of United Kingdom ships to be carried out voluntarily, where the ships are not subject to the requirements but the owners request a survey (regulation 20). They also provide for ships to have certain equipment (regulations 21 and 22). The discharge of sewage into the sea is prohibited, apart from in controlled and regulated circumstances (regulations 23 to 25).

In relation to Annex V, the Regulations prohibit the disposal of plastics into the sea (regulation 26), and prohibit the disposal of other garbage except in certain circumstances (regulations 27 to 29). United Kingdom ships are restricted from entering the Antarctic area (as defined in regulation 2) unless they have sufficient capacity for the retention of garbage on board (regulation 30), and requirements are imposed for the carrying of placards relating to the disposal of garbage (regulation 31). Ships are required to have a garbage management plan (regulation 32). Requirements are also imposed in relation to keeping a garbage record book (regulations 33 to 35).

Part 7 of the Regulations makes provision in relation to powers of inspection and detention of ships. This Part also contains provision for offences, defences, and provisions for enforcement. Provision is also made for jurisdiction over offences committed outside the United Kingdom (regulation 45) and for suspension of proceedings at flag state request (regulation 46).

An Impact Assessment has been prepared and copies may be obtained from the Maritime and Coastguard Agency (“the MCA”), Spring Place, 105 Commercial Road, Southampton SO15 1EG. A copy has also been placed in the library of each House of Parliament. The Impact Assessment may also be accessed on the OPSI website www.opsi.gov.uk.

Merchant Shipping Notices are published by the MCA and copies may be obtained from Mail Marketing (Scotland), MCA, PO Box 87, Glasgow G14 0JF (telephone number 0141 300 4906; fax 0141 950 2726; e-mail orders mca@promo-solution.com). They may also be accessed via the MCA’s website http://www.mcga.gov.uk), which also has details of any amendments or replacements.

Copies of the Convention and its Protocols and amendments, and of the Convention on Dumping and the Tonnage Convention and of resolutions of the Marine Environment Protection Committee or the STCW Conference, may be obtained from the International Maritime Organization at 4 Albert Embankment, London SE1 7SR.