1 Citation and commencement

These Regulations may be cited as the Merchant Shipping (Updating of References to Maritime Conventions) Regulations 2004 and shall come into force on 28th May 2004.

NOTES
Initial Commencement
Specified date

Specified date: 28 May 2004: see above.

Transport Law94 Admiralty, Shipping & Navigation94 Registration of Ships & Fishing Vessels94 Accidents & Collisions94 Commercial Law94

2 Purpose

2Purpose

The purpose of these Regulations is to provide for the implementation of articles 3, 5, 9 and 11 of Directive 2002/84/EC of the European Parliament and of the Council of 5th November 2002, amending the Directives on maritime safety and the prevention of pollution from ships.

NOTES
Initial Commencement
Specified date

Specified date: 28 May 2004: see reg 1.

Transport Law95 Admiralty, Shipping & Navigation95 Registration of Ships & Fishing Vessels95 Accidents & Collisions93 Commercial Law95 Shipping Offences93

3 Amendment of the Merchant Shipping (Ship Inspection and Survey Organisations) Regulations 1996

3Amendment of the Merchant Shipping (Ship Inspection and Survey Organisations) Regulations 1996

In regulation 2(1) of the Merchant Shipping (Ship Inspection and Survey Organisations) Regulations 1996, at the end of the definition of “international conventions”, insert—

“and any subsequent amendment to these Conventions and related Codes of mandatory status which—

(a)    relates to all or any of the purposes set out in section 85(1) of the Merchant Shipping Act 1995,

(b)    is contained in a document considered by the Secretary of State to be relevant from time to time, and

(c)    is specified in a Merchant Shipping Notice;”.

NOTES
Initial Commencement
Specified date

Specified date: 28 May 2004: see reg 1.

Transport Law96 Admiralty, Shipping & Navigation96 Registration of Ships & Fishing Vessels96 Accidents & Collisions93 Commercial Law96

4 Amendment of the Merchant Shipping (Minimum Standards of Safety Communications) Regulations 1997

4Amendment of the Merchant Shipping (Minimum Standards of Safety Communications) Regulations 1997

(1)    The Merchant Shipping (Minimum Standards of Safety Communications) Regulations 1997 shall be amended as follows:

(2)    In regulation 2(1) in the definition of—

(a)    “chemical tanker”, for “in force on 22nd November 1994” substitute “in its up-to-date version”;

(b)    “liquefied gas tanker”, for “in force on 22nd November 1994” substitute “in its up-to-date version”; and

(c)    “STCW Convention”, for “as amended on 7th July 1995” substitute “in its up-to-date version”.

NOTES
Initial Commencement
Specified date

Specified date: 28 May 2004: see reg 1.

Transport Law96 Admiralty, Shipping & Navigation96 Registration of Ships & Fishing Vessels96 Accidents & Collisions93 Commercial Law96

5 Amendment of the Merchant Shipping (Marine Equipment) Regulations 1999

5Amendment of the Merchant Shipping (Marine Equipment) Regulations 1999

In regulation 2(1) of the Merchant Shipping (Marine Equipment) Regulations 1999, at the end of the definition of “relevant international conventions”, insert—

“and any subsequent Protocol, annex or amendment thereto which—

(a)    relates to all or any of the purposes set out in section 85(1) of the Merchant Shipping Act 1995,

(b)    is contained in a document considered by the Secretary of State to be relevant from time to time, and

(c)    is specified in a Merchant Shipping Notice;”.

NOTES
Initial Commencement
Specified date

Specified date: 28 May 2004: see reg 1.

Transport Law96 Admiralty, Shipping & Navigation96 Registration of Ships & Fishing Vessels96 Accidents & Collisions92 Commercial Law96

6 Amendment of Merchant Shipping (Accident Reporting and Investigation) Regulations 1999

6Amendment of Merchant Shipping (Accident Reporting and Investigation) Regulations 1999

In regulation 6(9)(a) of the Merchant Shipping (Accident Reporting and Investigation) Regulations 1999 after “Council Directive 1999/35/EC,” insert “as amended by Directive 2002/84/EC of the European Parliament and of the Council of 5 November 2002, amending the Directives on maritime safety and the prevention of pollution from ships,”

NOTES
Initial Commencement
Specified date

Specified date: 28 May 2004: see reg 1.

Transport Law95 Admiralty, Shipping & Navigation95 Registration of Ships & Fishing Vessels95 Accidents & Collisions94 EU Transport Policy92 Commercial Law95 Shipping Offences93 European Union Law92

7 Amendment of Merchant Shipping (Mandatory Surveys for Ro-Ro Ferry and High Speed Passenger Craft) Regulations 2001

7Amendment of Merchant Shipping (Mandatory Surveys for Ro-Ro Ferry and High Speed Passenger Craft) Regulations 2001

In regulation 2(1) of the Merchant Shipping (Mandatory Surveys for Ro-Ro Ferry and High Speed Passenger Craft) Regulations 2001 at the end of the definition of “the Directive” insert “as amended by Directive 2002/84/EC of the European Parliament and of the Council of 5 November 2002, amending the Directives on maritime safety and the prevention of pollution from ships”.

NOTES
Initial Commencement
Specified date

Specified date: 28 May 2004: see reg 1.

Transport Law95 Admiralty, Shipping & Navigation95 Registration of Ships & Fishing Vessels95 Accidents & Collisions92 Commercial Law95 Shipping Offences93

Signature

Signed by authority of the Secretary of State for Transport

David Jamieson

Parliamentary Under Secretary of State

Department for Transport

4th May 2004

Transport Law96 Admiralty, Shipping & Navigation96 Registration of Ships & Fishing Vessels96 Accidents & Collisions93 Commercial Law96

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Regulations)

These regulations implement articles 3, 5, 9 and 11 of Directive 2002/84/EC of the European Parliament and of the Council of 5th November 2002 amending the Directives on maritime safety and the prevention of pollution from ships (“the Directive”). The Regulations provide, as required by the Directive, that references to various international conventions together with the Protocols and amendments to those Conventions and related codes of mandatory status shall be to their up to date versions. In two cases (Regulations 6 and 7), the domestic regulations are amended to refer to the Directive.

The Regulations amend the following Regulations:

The Merchant Shipping (Ship Inspection and Survey Organisations) Regulations 1996 (SI 1996/2908)

The Merchant Shipping (Minimum Standards of Safety Communications) Regulations 1997 (SI 1997/529)

The Merchant Shipping (Marine Equipment) Regulations 1999 (SI 1999/1957)

The Merchant Shipping (Accident and Investigation) Regulations 1999 (SI 1999/2567)

The Merchant Shipping (Mandatory Surveys for Ro-Ro Ferry and High Speed Passenger Craft) Regulations 2001 (SI 2001/152).

Other Regulations implementing the Directive are the Merchant Shipping (Passenger Ships on Domestic Voyages) (Amendment) Regulations 2003 (SI 2003/771) (article 7), the Merchant Shipping (Port State Control) (Amendment) Regulations 2003 (SI 2003/1636) (article 4), the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003 (SI 2003/1809) (article 10), and the Merchant Shipping (Safe Loading and Unloading of Bulk Carriers) Regulations 2003 (SI 2003/2002) (article 12).

A Regulatory Impact Assessment and Transposition Note have been produced in relation to the Directive and copies have been placed in the library of both Houses of Parliament. Copies may be obtained from the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone number 02380 32917). (The Transposition Note explains where provisions of the Directive have been implemented by other Regulations.)

Merchant Shipping Notices are published by the Maritime and Coastguard Agency. Copies may be obtained from Mail Marketing (Scotland), Bloomsgrove Industrial Estate, Norton Street, Nottingham NG7 3JG (telephone number 0115 9013336; fax 0115 901334; e-mail mca@promo-solution.com). They may also be accessed via the MCA's website http://www.mcga.gov.uk

Copies of the international conventions referred to in these Regulations may be obtained from the International Maritime Organization at 4 Albert Embankment, London SE1 7SR.

Transport Law90 Admiralty, Shipping & Navigation90 Registration of Ships & Fishing Vessels95 Marine Pollution97 Health & Safety on Ships90 Accidents & Collisions93 Commercial Law90 Shipping Offences92 Ports & Harbours91

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