Merchant Shipping: International Obligations

Richard Holden Excerpts

Thursday 26th October 2023 Written Statements

[The Parliamentary Under-Secretary of State for Transport (Mr Richard Holden)]

The Parliamentary Under-Secretary of State for Transport, my noble Friend Baroness Vere of Norbiton, has made the following ministerial statement:

I am making this statement to fulfil obligations relating to the implementation of amendments to international merchant shipping requirements into UK domestic law. Where amendments to international instruments are being implemented in UK domestic legislation by way of ambulatory reference, the Secretary of State has undertaken to publish information on those amendments by way of a parliamentary statement to both Houses of Parliament in advance of those amendments taking effect in the UK.

Provision for ambulatory reference is included in certain domestic secondary legislation to enable amendments to international obligations which are referenced in the legislation to be given direct effect in UK domestic law. This has the effect that where the legislation refers to an international instrument, such as a provision in a convention or a code forming part of that convention, this reference will be ambulatory—i.e. it is a reference to the most up-to-date version of that provision or code in the international instrument. This use of ambulatory reference means that agreed amendments to international conventions and codes can be automatically implemented through the application of such an ambulatory reference provision in secondary legislation.

The development of an ambulatory reference approach in relation to international maritime instruments is a key step in ensuring that the UK keeps up to date with its international maritime obligations. Amendments to international maritime instruments, for which the power is used, generally relate to technical requirement. Implementation in this way is only possible where those amendments have been made in accordance with the amendment procedure set out in the international instrument to which the UK is a party.

This statement details three sets of amendments to international instruments which will enter into force in the UK by way of the ambulatory reference provisions in the relevant domestic regulations.

The first amendment relates to damage stability in cargo ships—specifically, the requirements for watertight doors. The International Maritime Organization (IMO), having noted inconsistencies in provisions for watertight doors in the mandatory requirements for cargo ship construction, agreed amendments to the relevant international instruments to align these requirements. The international convention for the safety of life at sea, 1974 (SOLAS), the main international instrument governing maritime safety, remains unchanged and all other relevant instruments are amended to better align with SOLAS. These amendments harmonise existing requirements rather than introduce new requirements.

To achieve this harmonisation, annex I of the international convention for the prevention of pollution from ships, 1973 (MARPOL) is amended to better align the requirements for watertight doors on oil tankers with the requirements of SOLAS. IMO Resolution MEPC.343(78) makes this amendment. This will enter into force in the UK on 1 January 2024 by way of the ambulatory reference provision in the Merchant Shipping (Prevention of Oil Pollution) Regulations 2019.

Resolutions MEPC.345(78) and MSC.526(106) amend the international code for the construction and equipment of ships carrying dangerous chemicals in bulk (IBC code) to better align the requirements for watertight doors on chemical tankers with the requirements of SOLAS. The IBC code is a mandatory code under both SOLAS and MARPOL. This amendment, as made mandatory by MARPOL, will enter into force in the UK on 1 July 2024 by way of the ambulatory reference provision in the Merchant Shipping (Prevention of Pollution by Noxious Liquid Substances in Bulk) Regulations 2018. The amendment as made mandatory by SOLAS will be implemented when new regulations—the draft Merchant Shipping (Carriage of Dangerous Goods and Harmful Substances) Regulations 2024—are made but will not take effect until the international coming into force date of 1 July 2024.

Resolution MSC.492(104) amends the international code for the construction and equipment of ships carrying liquefied gases in bulk (IGC code) to better align the requirements for watertight doors on gas carriers with the requirements of SOLAS. The IGC code is a mandatory code under SOLAS. This amendment comes into force on 1 January 2024 and will be implemented when new regulations—the draft Merchant Shipping (Carriage of Dangerous Goods and Harmful Substances) Regulations 2024—are made, making the requirement to comply with the IGC code ambulatory.

Resolution MSC.491(104) amends chapter III of annex I to the 1988 load line protocol in order to better align the requirements for watertight doors on all ships with the requirements of SOLAS. This amendment comes into force in the UK on 1 January 2024 by way of the ambulatory reference provision in the Merchant Shipping (International Load Line Convention) (Amendment) Regulations 2018.

The second amendment is also made by Resolution MSC.491(104) and makes a minor editorial correction to regulation 22(1 )(g) of chapter III of annex I of the 1988 load line protocol to remove an erroneous reference to “inlets” in a table setting out acceptable arrangements for scuppers and discharges. This amendment will enter into force on 1 January 2024 by way of the ambulatory reference provision in the Merchant Shipping (International Load Line Convention) (Amendment) Regulations 2018.

Thirdly, amendment is made to annex II of MARPOL, which makes provision for the prevention of pollution by noxious liquid substances carried in bulk by sea. Resolution MEPC.344(78) amends appendix I of annex II to update guidance used in the categorisation of liquid chemicals. This amendment subdivides the rating for inhalation toxicity to make it more relevant for shipboard operations, deletes an outdated rating for seafood tainting and reassigns the column to rate flammability flashpoint. This does not change current pollution categorisation of noxious liquid substances nor impact on any substances already classified in the IBC code. The amendment will enter into force in the UK on 1 November 2023 by way of the ambulatory reference provision in the Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018.

Further information and guidance on all amendments referred to in this statement will be available on www.gov.uk.

[HCWS1098]