
1 

(1) These Regulations may be cited as the Merchant Shipping (Reporting Requirements for Ships carrying Dangerous or Polluting Goods) (Amendment) Regulations 1999 and shall come into force on 1st September 1999.
(2) In these Regulations “the principal Regulations” means the Merchant Shipping (Reporting Requirements for Ships Carrying Dangerous or Polluting Goods) Regulations 1995.
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(1) Regulation 2(1) of the principal Regulations shall be amended by the insertion after the words “polluting goods” of the words “as amended by Council Directive 98/55/EC”.
(2) Regulation 2(2) of the principal Regulations shall be amended as set out in paragraphs (3) to (9) of this Regulation.
(3) In the definition of “dangerous goods”, after the words “IMDG Code ” there shall be added the words “including radioactive materials as referred to in the INF Code”.
(4) In the definition of “discharge” after the words “emitting and emptying” there shall be added the words “but does not include release of harmful substances directly arising from the exploration, exploitation and associated off-shore processing of sea-bed mineral resources”.
(5) In the definition of “Merchant Shipping Notice” for the words “ Marine Safety Agency of the Department of Transport” there shall be substituted the words “Secretary of State”.
(6) For the definition of “polluting goods” there shall be substituted the following definition:“
 “polluting goods” means:
— oil as defined in MARPOL Annex I, excluding the bunkers and ship’s stores;
— noxious liquid substances;
— harmful substances in packaged form;”.
(7) The definition of “radioactive materials” shall be deleted.
(8) In the definition of the word “ship” the words “a structure which is a fixed or floating platform” shall be omitted.
(9) The following definitions shall be inserted:“
 “controlled waters” means the waters specified as areas within which the jurisdiction and rights of the United Kingdom are exercisable by the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 1996;”“
 “harmful substances in packaged form” has the meaning given by MARPOL Annex III;”“
 “installation” means any drilling or production platform or any other platform used in connection with the exploration, exploitation or associated offshore processing of seabed mineral resources;”“
 “INF Code” means the IMO code for the safe carriage of irradiated nuclear fuel, plutonium and high-level radioactive wastes in flasks on board ships, including amendments adopted on or before 1st January 1998;”“
 “noxious liquid substances” has the meaning given to it by the Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1996;”“
 “permitted level” means the quantity or instantaneous rate permitted under the relevant provisions of the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996 or the Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1996;”.
(10) Regulation 2(3) of the principal Regulations shall be amended by the insertion after the words “the IGC Code” of the words “, the INF Code”.
3 
In regulation 3 of the principal Regulations:
(a) in paragraph (2)(c), for “(1)(d)” there shall be substituted “ (1)(e)”,
(b) in paragraph (4), the word “Bunkers,” shall be omitted, and
(c) after paragraph (4) the following paragraphs shall be added:“
(5) Regulations 9 to 11 apply to any fixed or floating installation on location in controlled waters, and in the application of regulations 9 to 11 to those installations–
(a) references to a ship shall be taken to include reference to an installation;
(b) references to a master of a ship shall be taken to include references to an installation manager, and
(c) references to an operator of a ship shall be taken to include references to an owner of an installation.
(6) These Regulations, other than regulations 9 to 11, apply to any fixed or floating installation other than an installation on location in controlled waters as they would apply if that installation were a ship.”.
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In regulation 5 of the principal Regulations:
(a) in paragraph (1)(a) and (b) for the words “M 1630” there shall be substituted the words “MSN 1741 (M)”,
(b) for paragraph (1)(c) there shall be substituted the following paragraph:“
(c) The operator of a United Kingdom ship shall, before leaving a port outside the European Community carrying dangerous goods or harmful substances in packaged form, comply with the requirements set out in paragraphs 7.2 and 7.3 of Merchant Shipping Notice MSN 1741 (M).”, and
(c) in paragraph (2), for the words after “radioactive materials” there shall be inserted the words “as classified in the IMDG Code for Class 7 goods in accordance with the requirements of that Code.”.
5 
In regulation 6(2) of the principal Regulations, for the words “M 1630 ” there shall be substituted the words “MSN 1741 (M)”.
6 
In regulation 9 of the principal Regulations:
(a) for paragraph (1) there shall be substituted the following paragraph:“
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(1) The master of a ship involved in an incident or circumstance at sea involving–
(a) a discharge of oil or noxious liquid substances above the permitted level, or the probability of a discharge of oil or noxious liquid substances, for whatever reason including those for the purpose of securing the safety of the ship or for saving life at sea;
(b) a discharge of dangerous goods or harmful substances in packaged form, or the probability of such a discharge, including those in freight containers, portable tanks, road and rail vehicles and shipborne barges;
(c) any damage, failure or breakdown of a ship of 15 metres in length or above which–
(i) affects the safety of the ship, such as collision, grounding, fire, explosion, structural failure, flooding or cargo shifting; or
(ii) impairs the safety of navigation, such as failure or breakdown of steering gear, propulsion plant, electrical generating system or essential shipborne navigational aids;
(d) a discharge during the operation of the ship of oil or noxious liquid substances in excess of the permitted level; or
(e) without prejudice to sub-paragraphs (a) to (d) above, a threat of damage to the coastline or related interests of the United Kingdom,
shall, (subject to paragraph (2) below) report the particulars of such an incident without delay and to the fullest extent possible together with the information specified in Schedule 1 to the Merchant Shipping Notice MSN 1741 (M), in accordance with paragraph (4) below and regulation 11.”, and
(b) in paragraph (4)(b):
(i) for the words “Resolution A.648(16)” there shall be substituted the words “Resolution A.851(20)”; and
(ii) for the date “19th October 1989” there shall be substituted the date “ 27th November 1997”.
7 
In regulation 12(1) of the principal Regulations, for the words “M 1630 ” there shall be substituted the words “MSN 1741 (M)”.
8 
In regulation 15 of the principal Regulations:
(a) in paragraph (3), “5(1),” shall be omitted,
(b) sub-paragraph (4)(a) shall be omitted, and
(c) after paragraph (4) there shall be inserted the following paragraphs:“
(4A) If in respect of a fixed or floating installation–
(a) there is any contravention of regulation 9(3) or of regulation 10 in so far as it relates to regulation 9(4); or
(b) the owner in purported compliance with regulation 9(3) makes a notification or report which he knows to be false in a material particular,
the owner of the installation shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum, or on conviction on indictment to a fine.
(4B) If in respect of a fixed or floating installation, the installation manager–
(a) contravenes regulation 9(1) or (4) or regulation 10 in so far as it relates to regulation 9(1) or (4) he shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum, or on conviction on indictment to a fine; or
(b) in purported compliance with regulation 9, makes a notification which he knows to be false in a material particular, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum.”.
Signed by authority of the Secretary of State for the Environment, Transport and Regions
Glenda Jackson
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
26th July 1999