The UK is close to enacting new legislation covering the transport of dangerous goods by sea. By and large, its consultation went swimmingly
The UK Maritime and Coastguard Agency (MCA) reports a largely favourable response to its consultation on the proposed Merchant Shipping (Carriage of Dangerous Goods and Harmful Substances) Regulations 2024. The consultation period ran from 8 December 2023 to 26 January 2024, attracting comments from 17 respondents, and MCA says the consultation was “generally well received”, with no recommendations for any substantial changes to the proposals.
The proposed Regulations would revoke the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997, along with a number of other dangerous goods related regulations, and replace them with a single set of regulations to provide a more complete, consolidated and up to date legal framework for the carriage of dangerous goods and harmful substances by sea.
One obvious change will be to include an ambulatory reference so as to allow future amendments to mandatory instruments agreed by the International Maritime Organisation (IMO) to become law into force in the UK as they enter into force internationally; this is more efficient for UK regulators but also ensures that dutyholders are not faced with misaligned requirements. For instance, it will no longer be necessary for MCA to issue a new Merchant Shipping Notice every two years to reflect changes to the International Maritime Dangerous Goods (IMDG) or International Maritime Bulk Solid Cargoes (IMSBC) Codes.
HURRY ALONG NOW
While respondents were largely in favour of the proposals, there was some concern expressed about the proposed Regulation 12 – requirements in relation to shippers and forwarders. More clarity was urged in respect of the responsibilities of those involved in the transport chain, in particular the shipper/forwarder/agent’s responsibilities for the stowage and securing of cargo within the cargo transport unit (CTU) and for placarding of CTUs and also with regard to Part 6 of the IMDG Code.
Regulation 12 lists sections of the IMDG Code which apply in each case but does not reference IMDG Code section 7.3 (packing of goods inside the CTU). Regulation 10 of the proposed 2024 Regulations clearly states that master and owner must comply with all relevant sections of SOLAS Chapter VIII and MARPOL Annex III but there is no equivalent clear application of all relevant sections of the Conventions to shippers and forwarders in regulation 12.
In light of the comments received and in order to ensure that the application of SOLAS Chapter VII and MARPOL Annex III is clear and is unambiguously applied to those with particular responsibilities in the transport chain, policy leads and legal advisors have reviewed the text of regulation 12. Consequently, the text has been amended so as to more closely mirror the text already set out in regulation 10 for master and owner, making the two regulations more consistent in their wording and clearer on the application of the Regulations to shippers/forwarders.
There were some questions as to why the term ‘marine pollutants’, as used in the 1997 Regulations, has been changed to ‘harmful substances’. MCA says the change is to better reflect the terminology used in the Marpol Convention, particularly Annex III.
The UK government now plans to finalise the proposed Regulations and accompanying guidance, incorporating the amendments referred to above, with a view to having the 2024 Regulations laid in draft in May 2024 and, once approved by both Houses, to come into law in June 2024.
