Consultation outcome

Consultation Document: Merchant Shipping (Carriage of Dangerous Goods and Harmful Substances) Regulations 2024

Updated 10 April 2024

Foreword

As an island nation engaged in global trade, the safe and reliable transportation of cargoes by sea continues to be a key day-to-day activity which is enabled through international cooperation and coordination of standards. At the same time, a worldwide transition to sustainable shipping is underway through the introduction of new technologies and the evolution of global supply chains. The underlying themes are ones of safety and sustainability, growth, and innovation.

The Maritime and Coastguard Agency fulfils an essential safety role across the United Kingdom’s maritime environment. We contribute to the wider Department for Transport objectives of boosting economic growth and opportunity, improving journeys, delivering safe, secure, and sustainable transport, promoting a culture of efficiency, and supporting a global Britain.

1.Overview of this consultation

1.1 Aim

1.1.1 This consultation seeks your views on a new Statutory Instrument (SI) titled the Merchant Shipping (Carriage of Dangerous Goods and Harmful Substances) Regulations 2024 (“the 2024 Regulations”) and accompanying Marine Guidance Notes (MGNs). The purpose of this SI is to provide, as far as is possible, a single piece of secondary legislation to set out provisions for the carriage of dangerous goods and harmful substances by sea.

1.1.2 The 2024 Regulations will revoke the current Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997 (“the 1997 Regulations”) along with a number of other dangerous goods related regulations and replace them with revised regulations which have been developed to provide a more complete, consolidated and up to date legal framework for the carriage of dangerous goods and harmful substances by sea.

1.1.3 The proposed 2024 Regulations are set out in a more succinct format than the existing 1997 Regulations. They point directly to the relevant Convention requirements of Chapter VII of the International Convention for the Safety of Life at Sea, 1974 (“SOLAS”) and Protocol I and Annex III of the International Convention for the Prevention of Pollution from Ships, 1973 (“MARPOL”).

1.1.4 Although the proposed 2024 Regulations largely restate existing dangerous goods regulations, there are some new elements being introduced. These are set out in Section 2 below.

1.2 Views sought

1.2.1 Your views are sought on any aspect of the new 2024 Regulations and accompanying guidance and a more in-depth explanation of the areas for consideration can be found in Section 2 of this document. In particular, your views are sought on the associated costs or impacts and any potential unintended consequences.

1.2.2 A full list of consultation questions is contained in Section 5 of this consultation.

1.3 Deadline for responses

1.3.1 Responses are welcomed from 08 December 2023 until 19 January 2024 (extended to 26 January 2024).

2.Areas for consideration

2.1 Background

2.1.1 The Maritime and Coastguard Agency (MCA) is an executive agency of the Department for Transport and is primarily responsible for the maritime safety policy areas falling under the Merchant Shipping Act 1995; this is a reserved matter. The MCA is responsible for the regulations which implement the International Convention for the Safety of Life at Sea, 1974 (“SOLAS”) and the International Convention for the Prevention of Pollution from Ships, 1973 (“MARPOL”), including those which relate to the carriage of dangerous good and harmful substances by sea.

2.1.2 A wide variety of dangerous goods are carried by sea, both in bulk and in packaged form. For example, the International Maritime Dangerous Goods (IMDG) Code lists over 3000 different dangerous goods substances plus many others which are covered by generic entries in the Code (for example, UN 3077 Environmentally Hazardous Substance, Solid, Not Otherwise Specified). It is estimated that approximately 5-7% of freight carried by sea is classified as dangerous goods. Regulating the carriage of dangerous goods by sea has always been a key part of maritime safety regulations. The existing dangerous goods related regulations have been in place since 1997 and had themselves revoked and replaced the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1990 which contained similar provisions.

2.1.3 SOLAS Chapter VII (Carriage of Dangerous Goods) and MARPOL Annex III (Prevention of Pollution from Harmful Substances in Packaged Form) make safety and pollution prevention provisions for the carriage of dangerous goods and packaged harmful substances by sea. This includes several mandatory codes which set out the requirements for the transport of dangerous goods in different forms.

2.1.4 The IMDG Code sets out mandatory international provisions for the transport by sea of packaged dangerous goods and marine pollutants. The IMDG Code is harmonised with international requirements for the transport of dangerous goods by other modes of transport and includes additional requirements applicable specifically to the maritime transport of hazardous materials, in particular those which are classed as marine pollutants. Provisions within the IMDG Code cover all aspects of the transport of dangerous goods including the classification of dangerous goods, training, cargo transport unit packing procedures, documentation and notifications, packaging, labelling, the stowage and segregation of dangerous goods on board the ship, and other conditions applicable to safety and the protection of the marine environment. Compliance with the IMDG Code is made mandatory by both SOLAS Chapter VII and MARPOL Annex III.  The IMDG Code is currently implemented in the UK by the 1997 Regulations and the proposed 2024 Regulations will continue to implement the latest version of it.

2.1.5 Protocol I of MARPOL sets out the reporting requirements for incidents involving harmful substances and SOLAS Chapter VII, regulation 6 and regulation 7-4 set out the requirements for the reporting of incidents involving dangerous goods in packaged form and dangerous goods in solid bulk form respectively. The reporting requirements are currently implemented in the UK by regulation 12 of the Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004 and regulations 9 to 11 of the Merchant Shipping (Reporting Requirements for Ships Carrying Dangerous or Polluting Goods) Regulations 1995. The proposed 2024 Regulations will revoke and replace these reporting requirements provisions. This will contribute to the consolidation of requirements for the carriage of dangerous goods and harmful substances by sea into one SI as far as possible. Aside from removing a reference to a related EU Directive, the scope of the provisions will be largely unchanged.

2.1.6 The International Maritime Solid Bulk Cargoes (IMSBC) Code enables the safe stowage and shipment of solid bulk cargoes (other than grain) by providing information on the dangers related to the shipment of certain types of solid bulk cargoes, and instructions on the procedures to be adopted when the shipment of solid bulk cargoes is contemplated. Under the IMSBC Code, dangerous goods in solid form in bulk are classified in accordance with Part 2 of the IMDG Code. Part A-1 of SOLAS Chapter VII defines “dangerous goods in solid form in bulk” as any material, other than liquid or gas, consisting of a combination of particles, granules or any larger pieces of material, generally uniform in composition, which is covered by the IMDG Code and is loaded directly into the cargo spaces of a ship without any intermediate form of containment, and includes such materials loaded in a barge on a barge-carrying ship.

2.1.7 The IMSBC Code, in as far as it relates to dangerous goods, is implemented in the UK by the 1997 Regulations. The proposed 2024 Regulations will revoke and restate these provisions.

2.1.8 The International Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk (“the IBC Code”) provides the international standard for the safe carriage by sea of dangerous and noxious liquid chemicals in bulk. To minimize the risks to ships, their crews and the environment, the IBC Code prescribes the equipment, design and construction standards of ships which carry such liquids in bulk. SOLAS Chapter VII requires that cargo ships carrying any bulk liquid product listed in Chapter 17 of the IBC Code must operate in accordance with the IBC Code. This provision of SOLAS is implemented in the UK by the 1997 Regulations. The proposed 2024 Regulations will revoke and restate this provision. It should be noted that the IBC Code is also made mandatory by Annex II of MARPOL, which is implemented in the UK, along with the relevant parts of the IBC Code, in the Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018, which are not part of this consultation.

2.1.9 The International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (“the IGC Code”) provides the international standard for the safe carriage by sea of liquefied gases in bulk which have a vapour pressure exceeding 2.8 bar absolute at a temperature of 37.8°C, and certain other substances. Part C of SOLAS Chapter VII defines a “gas carrier” as a “cargo ship constructed or adapted and used for the carriage in bulk of any liquefied gas or other product listed in Chapter 19 of the IGC Code” and requires that all gas carriers constructed or adapted on or after 1st July 1986 must comply with the requirements of the IGC Code.

2.1.10 The IGC Code is implemented in the UK by the Merchant Shipping (Gas Carriers) Regulations 1994. The proposed 2024 Regulations will revoke these regulations and restate the provisions within the proposed 2024 Regulations to consolidate dangerous goods requirements into one SI as far as is possible. In doing this, the proposed 2024 Regulations will also implement amendments to the IGC Code (in particular the 2016 revision of the Code) which have not previously been implemented in the UK. This is set out in section 2.2 below.

2.1.11 The International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on board Ships (“the INF Code”) is the mandatory international standard which sets out the additional construction and equipment requirements for ships transporting these categories of radioactive material and addresses such issues as stability after damage, fire protection and structural resistance. SOLAS Chapter VII, regulation 16 makes compliance with the INF Code mandatory for all ships carrying an INF cargo.

2.1.12 The INF Code is implemented in the UK by the Merchant Shipping (Carriage of Packaged Irradiated Nuclear Fuel etc.) (INF Code) Regulations 2000. The proposed 2024 Regulations will revoke these existing Regulations and restate them in order that the proposed 2024 Regulations provide, as far as is possible, a single SI to cover the requirements for dangerous goods carried by sea.

2.1.13 Intervention, in the form of the proposed 2024 Regulations, is necessary to ensure the UK regulatory framework for the carriage of dangerous goods and harmful substances by sea is clear, fit for purpose, up to date, meets the UK’s obligations under SOLAS and MARPOL and is capable of efficiently implementing future amendments to international standards. The 1997 Regulations already implement SOLAS Chapter VII and MARPOL Annex III, including the international codes made mandatory by them. The 2024 Regulations will continue this implementation but with a small number of notable changes, which are detailed in section 2.2 below.

2.2 Proposed Changes

2.2.1 The proposed 2024 Regulations principally revoke the 1997 Regulations, and a number of other regulations as listed in 2.2.3 below and consolidate the requirements of these Regulations into one new SI, with the aim of providing greater clarity on the requirements which shippers, vessels, their owners and masters must meet. The proposed 2024 Regulations largely restate and update the existing provisions rather than introduce any new or novel provisions, meaning the overall cost impacts for stakeholders are expected to be low. Anticipated costs would be largely confined to industry familiarisation and compliance with amendments to mandatory codes. The few notable changes in the proposed 2024 Regulations are set out in this section.

2.2.2 The 2024 Regulations will include Ambulatory Reference (AR) provision. AR is a legislative tool which enables amendments to mandatory requirements contained in international instruments (for example, in treaties to which the UK is party) to be more efficiently implemented into domestic law. The inclusion of AR provision provides a further mechanism for SOLAS and MARPOL requirements to stay current and up to date in UK domestic regulations.

2.2.3 The 2024 Regulations will revoke a number of existing SIs and consolidate them into one new instrument. The SIs which will be revoked and replaced by the proposed 2024 Regulations are:

• The Merchant Shipping (Gas Carriers) Regulations 1994 (SI No.1994/2464);

• The Merchant Shipping (Reporting Requirements for Ships Carrying Dangerous or Polluting Goods) Regulations 1995 (SI No.1995/2498);

• The Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997 (SI No.1997/2367);

• The Merchant Shipping (Reporting Requirements for Ships Carrying Dangerous or Polluting Goods) (Amendment) Regulations 1999 (SI No1999/2121);

• The Merchant Shipping (Carriage of Packaged Irradiated Nuclear Fuel etc.) (INF Code) Regulations 2000 (SI No.2000/3219);

• The Merchant Shipping (Gas Carriers) (Amendment) Regulations 2004 (SI No.2004/929); and

• The Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) (Amendment) Regulations 2011 (SI No.2011/2616 ).

2.2.4 The SI being partially revoked and replaced by this intervention is:

• The Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004 (SI 2004/2110) (specifically Regulations 12 and 22 and Schedules 1 to 3).

Reporting of Incidents Involving Dangerous Goods and Harmful Substances

2.2.5 The 1997 Regulations do not implement the requirements in both SOLAS and MARPOL to report incidents involving dangerous goods (for example their loss, or likely loss overboard). This requirement is currently implemented in part by the Merchant Shipping (Reporting Requirements for Ships Carrying Dangerous or Polluting Goods) Regulations 1995 and in part by the Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004. The proposed 2024 Regulations will revoke the 1995 Regulations and the relevant provisions in the 2004 Regulations, and in effect replicate these reporting requirements in the 2024 Regulations. This is a change in how these provisions are implemented in the UK rather than a new requirement.

2.2.6 There will be a small deregulatory measure implemented by the new Regulations. The 1997 Regulations were amended in 2004 and again in 2011 to add the dangerous goods reporting requirements set out in an EU Directive. However, these amendments went further than the Directive and set out additional requirements for shippers to provide an emergency contact telephone number, fax number and email address on the Dangerous Goods Note (DGN) even though there is no requirement in SOLAS or the IMDG Code for this. As the 2024 Regulations will implement SOLAS VII and MARPOL Annex III but not the Directive, this additional requirement for fax numbers etc. will not be part of the proposed 2024 Regulations.

2.2.7 There have been several Resolutions made at the International Maritime Organization (the IMO) which have amended SOLAS VII and MARPOL Annex III since the existing Regulations came into force. Some of these measures are already implemented in the UK and some will be implemented for the first time in the proposed 2024 Regulations.

2.2.8 The following table sets out these IMO Resolutions:

Resolution	Title	Purpose
MEPC.119(52)	2004 Amendments to the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code)	Replaced the text of the IBC Code to describe the design and construction of ships and assign each chemical tanker to a ship type. Highlighted the regulations which are operational including important safety features specifically for chemical tanker operation. This is the MARPOL amendment; the same amendment is also made for SOLAS (see MSC.176(79) below).
MEPC.138(53)	Amendments to the General Principles for Ship Reporting Systems and Ship Reporting Requirements, including Guidelines for Reporting Incidents Involving Dangerous Goods, Harmful Substances and/or Marine Pollutants (Resolution A.851(20))	The words “if available” are added after “UN number or numbers” and the reference of “(A, B, C or D)” is replaced with “(X, Y or Z)”.
MEPC.246(66)	Amendments to the Annex of the Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships, 1973 (Amendments to MARPOL Annexes I, II, III, IV and V to Make the Use of the III Code Mandatory)	Added a new regulation to MARPOL Annex III to provide definitions of terms used and a new Chapter on audits of Member States to verify compliance.
MSC.118(74)	Amendments to the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on Board Ships (INF Code)	Amended the definition of the words “schedule 10, 11, 12 or 13” to “transport schedule 10, 11, 12, 13 or 14”
MSC.122(75)	Adoption of the International Maritime Dangerous Goods (IMDG) Code	Amended the reference to the IMDG Code as it had become mandatory. It also amended the definition of cargo to define the different types more clearly (the term ‘cargo transport unit’ being added to the terms ‘cargo’ and ‘cargo units’) and amended the word ‘container’ to say ‘freight container’ to make the terminology consistent with other IMO regulations.
MSC.123(75)	Amendments to the International Convention for the Safety of Life at Sea, (SOLAS) 1974, as amended	Replaced the existing Part A with a new Part A and part A-1 and other amendments for the carriage of packaged dangerous goods and dangerous goods in solid form in bulk reflecting the fact that the IMDG Code had become mandatory.
MSC.135(76)	Amendments to the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on Board Ships (INF Code)	Amended the definition of INF cargo to mean “packaged irradiated nuclear fuel, plutonium and high-level radioactive wastes carried as cargo in accordance with class 7 of the IMDG Code”.
MSC.176(79)	2004 Amendments to the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code)	Replaced the text of the IBC Code to describe the design and construction of ships and assign each chemical tanker to a ship type. Highlighted the regulations which are operational including important safety features specifically for chemical tanker operation.
MSC.178(79)	Amendments to the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on Board Ships (INF Code)	Amended the Form of International Certificate of Fitness for the Carriage of INF Cargo to include a completion date of survey.
MSC.241(83)	Amendments to the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on Board Ships (INF Code)	Amended Chapter 2 – damage stability to add a new sentence and subdivision index (ships less than 80m in length).
MSC.268(85)	Adoption of the International Maritime Solid Bulk Cargoes (IMSBC) Code	Implemented the new IMSBC Code internationally on 1 January 2011. The content of the IMSBC Code is subject to biennial review and updating through the IMO.
MSC.269(85)	Adoption of Amendments to the International Convention for the Safety of Life at Sea, (SOLAS) 1974, as amended	Amended Chapter VII adding a new paragraph to define provisions for ships carrying dangerous goods in solid bulk form.
MSC.325(90)	Adoption of Amendments to the International Convention for the Safety of Life at Sea, (SOLAS) 1974, as amended	Updated and replaced text of Chapter VII, Regulation 4 – documents.
MSC.370(93)	Amendments to the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (IGC Code)	Set out the revised complete text of the IGC Code describing the design and construction of the ship and the equipment which should be carried to minimise risks to the ship, crew, and environment. The 2016 revision of the IGC Code.

The IMDG Code

2.2.9 The IMDG Code is updated by the IMO on a two-year cycle to ensure that it remains up to date, accurate and reflects current dangerous goods transport needs. This two-year amendment cycle is currently accommodated in UK legislation by the issuing of a Merchant Shipping Notice (MSN) to give effect to the latest edition of the Code. By including ambulatory reference provisions (as set out in 2.2.2 above) in the 2024 Regulations these amendments will take effect in the UK without having to issue an MSN. This is a change in the mechanism through which UK domestic regulations stay current rather than a change in requirements for operators. The ambulatory reference provision in the proposed 2024 Regulations will mean that implementation of updates to the IMDG Code are more efficient and immediate. Amendments will still be notified to stakeholders through the publication of a Marine Information Note (MIN) or Marine Guidance Note (MGN). Aside from this there is no change in the implementation of the IMDG Code in the UK.

The IMSBC Code

2.2.10 Like the IMDG Code, the IMSBC Code is also on a two-year amendment cycle. The 1997 Regulations implement that part of the IMSBC Code which relates to solid bulk cargoes which are also dangerous goods, and the 2024 Regulations will do the same. This two-year amendment cycle has been accommodated in the 1997 Regulations through the issuing of an MSN to introduce each new edition of the Code and to update the reference to the Code in the existing SI. The proposed 2024 Regulations will include AR provisions so that these amendments take effect in the UK without having to issue an MSN. As with the IMDG Code, this is a change in the mechanism through which UK domestic regulations stay current rather than a change in requirements for operators. Amendments to the IMSBC Code will still be notified to stakeholders through the publication of a Marine Information Note (MIN) or Marine Guidance Note (MGN).  Aside from this, there is no change in the implementation of the dangerous goods aspects of the IMSBC Code in the UK.

The IGC Code

2.2.11 The 2024 Regulations will implement the latest (2016) edition of the IGC Code which has not previously been implemented in the UK. The amendments to the Code in 2016, which will be fully implemented by the 2024 Regulations, were designed to give more flexibility in gas carrier construction and operation, and to pave the way for further development in gas carrier technology and changes in operating practices as experience across the gas carrier industry grew.

2.2.12 Notable changes in the 2016 revision of the IGC Code which will be implemented in the UK by the 2024 Regulations include:

• The use of gas cargoes other than Liquefied Natural Gas (LNG) as fuel. The previous IGC Code did not permit the use of anything other than methane vapour / boil off gas being burnt as fuel in gas carriers, but the 2016 amendments permit the use of other non-toxic gas cargoes as fuel (subject to acceptance by the flag state).
• The introduction of specific requirements for high-pressure systems. This is intended to permit wider use of engines that require high pressure gas injection systems.
• Prior to the 2016 amendments, the IGC Code permitted a maximum 98% fill level, the 2016 amendments increased the fill level to an absolute maximum of 99.5% provided certain criteria are met.
• The 2016 amendments include revised requirements for non-metallic to metallic joints, ship survival capabilities, permitted locations for cargo tanks and protective distances between tanks and side shell plating, revised fire protection requirements and the fitting of stability instruments.
• Section 18.2 of the Code formally sets out the requirements of the Cargo System Operation Manual which must be suitably detailed so trained personnel can safely operate the ship with due regard to the hazards and properties of the cargoes that are permitted to be carried and must be approved by the Administration.

2.2.13 The cost impacts of the implementation of these amendments are expected to be low given that the 2016 revision of the IGC Code has been the international mandatory standard since 1 July 2016 for all gas carriers constructed or adapted on or after that date. It is expected that all UK registered gas carriers and all non-UK registered gas carriers in UK waters are likely to already comply with relevant requirements of the IGC Code owing to their international trading.

The INF Code

2.2.14 Three amendments to the INF Code will be implemented by the proposed 2024 Regulations, all of which make minor changes, for example, the addition of the word ‘transport’ in front of the word ‘schedule’ in one paragraph of the Code to add clarity and another which updates a reference to a part of SOLAS because the SOLAS paragraph numbering had changed.

Ambulatory References

2.2.15 The proposed 2024 Regulations will also include Ambulatory Reference (“AR”) provision. AR is a legislative tool developed since the existing dangerous goods related Regulations came into force which enables amendments to mandatory international standards to be more efficiently transposed into domestic law. The inclusion of AR provision in the proposed new Regulations provides a further mechanism for Chapter VII of SOLAS and Annex III and Protocol I of MARPOL to stay current and up to date within UK domestic regulations.

2.2.16 In the maritime safety policy area, the power to make AR provision is contained in section 306A of the Merchant Shipping Act 1995 and amendments implemented by the AR provision will be publicised in advance of their in-force date by means of a Written Ministerial Statement to both Houses of Parliament and the publication of a Marine Guidance Note or Marine Information Note.

Impacts

2.2.17 The proposed 2024 Regulations refer to ‘harmful substances’ rather than ‘marine pollutants’ as used in the 1997 Regulations. This change in terminology is not intended to change the scope of the 2024 Regulations.  The term ‘harmful substance’ better reflects the terminology used in the MARPOL Convention. MARPOL Annex III makes provisions for the prevention of pollution by harmful substances carried by sea in packaged form and defines ‘harmful substance’ as being anything identified as a marine pollutant in the IMDG Code, or which meets the criteria in the appendix to Annex III. In turn, the IMDG Code at Chapter 2.10 identifies a marine pollutant as being any substances which are subject to the provisions of Annex III of MARPOL. This being the case, both terms essentially encompass the same substances, but the term ‘harmful substance’ better connects the implementing regulations to the Convention.

2.2.18 The 2024 Regulations aim to update and consolidate the UK regulations related to the transport of dangerous goods by sea. As, for the most part, the proposed 2024 Regulations restate existing requirements, the impact is expected to be low, and a full Impact Assessment has not been carried out. The main costs are expected to include industry and surveyor familiarisation, the possibility of additional time for inspections (particularly in relation to the implementation of the 2016 revisions of the IGC Code), and compliance with any new requirements (related largely to the 2016 revision of the IGC Code).

2.2.19 Given the lack of reliable data for some aspects of the transport of dangerous goods by sea, the possibility exists that this estimate may be not representative of the burden imposed on industry. Therefore, as part of this consultation, views are sought on anticipated impacts (see the Consultation questions in Section 5 below).

2.3 Offences and Penalties

2.3.1 The MCA, as the UK’s maritime regulatory and enforcement authority, has responsibility for both delivering and enforcing the Government’s maritime policy relating to ships, seafarers, and the seas around the UK. The MCA’s approach to breaches of maritime legislation relies on a range of civil and criminal remedies which, like in many other regulatory regimes in the UK, sit alongside each other to enable the MCA to take the most proportionate action in relation to a particular breach. The decision on what is the most proportionate approach is determined by matters such as the gravity and the effect of the contravention.

2.3.2 MCA surveyors have enforcement and sanction powers which can be applied locally to ships calling at UK ports. The MCA’s powers to use civil sanctions are primarily contained in the Merchant Shipping Act 1995 (“the Act”). These powers, including improvement and prohibition notices, are available only for specific purposes. Other than the power to detain a ship, it is not possible to replicate all the civil sanctions in the Act in secondary legislation implementing international obligations or other policy objectives as there is no power to do so in the Act. Because these civil sanctions are contained in primary legislation, if they are needed, the sanctions will be enforced directly under the Act. The general policy approach, in line with the MCA’s published enforcement policy, is to use these civil sanctions whenever possible before using criminal offences.

2.3.3 Although it is the MCA’s policy to use civil sanctions as a first option whenever possible, it should be noted that the MCA does not currently have powers to use civil sanctions to the same extent as some other UK enforcement bodies. Although limited civil sanctions are available (e.g. detention or prohibition notices as outlined above), the MCA remains more reliant on the use of warnings and criminal sanctions to punish both minor and high-level offences and breaches of the merchant shipping regulations. Changes to primary legislation are necessary to make a fuller suite of civil sanctions available to the MCA and these are outside the scope of these proposed Regulations. A comprehensive package of maritime civil sanctions was included as a measure in the Future of Transport Bill, but this has not yet been taken forward. The Government is therefore awaiting a suitable legislative vehicle to introduce a wider scope of civil sanctions to enable the MCA to oversee a more targeted enforcement programme. Criminal sanctions will continue to be necessary for serious offences .

2.3.4 Maritime regulatory requirements govern both safety and pollution prevention. As such, their purpose includes the prevention of loss of life or injury to persons and the protection of the marine environment and adjoining coastlines.

2.3.5 The opportunity has been taken to review the offences in relation to Chapter VII. This included the target parties for each offence. The penalties themselves have also been reviewed. It is considered that all existing offences are still required, as they are still necessary as a deterrent and a proportionate means of achieving the necessary end, but no new offences are necessary. There have been no new offences created for the 2024 Regulations.

2.3.6 The majority of the offences relate to requirements imposed on the owner and/or master but there are bespoke offences applying to the master individually, or to shippers or forwarders. In each case, it is a defence for a person charged with an offence to prove that the person charged took all reasonable steps to avoid the commission of the offence.

2.3.7 The proposed new Regulations includes provision for:

• Owners and masters to report incidents.

• Enforcement of the Regulations, including criminal penalties where there are contraventions of the Regulations (including in the Codes), as well as sanctions and provision for detention of non-compliant vessels.

2.3.8 The offences are detailed in the table below.

Provision/Offence	Subject Matter	Penalty
Regulation 10/regulation 34(1) Owner and master	Must if carrying packaged goods comply with each requirement in Part A of Chapter VII or Chapter 1 of Annex III.	On summary conviction, a fine (up to statutory maximum in Scotland and NI) and on conviction on indictment, two years imprisonment or a fine or both.
Regulation 11(1)(a)/regulation 34(1) Master or owner	Must not take or receive on board any packaged goods for which the transport information required by - regulation 4.1 of SOLAS Chapter VII; or - regulation 5.1 of MARPOL Annex III, has not been provided.	On summary conviction, a fine (up to statutory maximum in Scotland and NI) and on conviction on indictment, two years imprisonment or a fine or both.
Regulation 11(1)(b)/regulation 34(1) Master or owner	Must comply with - regulation 5 (cargo securing manual) of SOLAS Chapter VII.	On summary conviction, a fine (up to statutory maximum in Scotland and NI) and on conviction on indictment, two years imprisonment or a fine or both.
Regulation 11(1)(c)/regulation 34(1) Master or owner	Must comply with - regulation 6 (stowage) of MARPOL Annex III; or - Chapter 7 (general stowage provisions) of the IMDG Code.	On summary conviction, a fine (up to statutory maximum in Scotland and NI) and on conviction on indictment, two years imprisonment or a fine or both.
Regulation 11(1)(d)/regulation 34(1) Master or owner	Must not accept for carriage, or take or receive on board, any packaged goods if they do not comply with the requirements under regulation 11(1)(a) to (c) above.	On summary conviction, a fine (up to statutory maximum in Scotland and NI) and on conviction on indictment, two years imprisonment or a fine or both.
Regulation 11(2)(a)/regulation 34(2) Master only	Must comply with - regulation 4.2 of SOLAS Chapter VII; or - regulation 5.2 of MARPOL Annex III.	On summary conviction, a fine (up to statutory maximum in Scotland and NI) and on conviction on indictment, two years imprisonment or a fine or both.
Regulation 11(2)(b)/regulation 34(2) Master only	Must comply with - paragraph 5.4.4 of the IMDG Code.	On summary conviction, a fine (up to statutory maximum in Scotland and NI) and on conviction on indictment, two years imprisonment or a fine or both.
Regulation 11(2)(c)/regulation 34(2) Master only	Must keep available for inspection on board the ship any documents required by - MARPOL Annex III (regulation 5.2); or - The IMDG Code (paragraph 5.4.4); or - SOLAS Chapter VII (regulations 4.2).	On summary conviction, a fine (up to statutory maximum in Scotland and NI) and on conviction on indictment, two years imprisonment or a fine or both.
Regulation 12(1)(a)/regulation 35(1)(a) Shipper only	Must comply with - regulation 4.1 (documents) of SOLAS Chapter VII.	On summary conviction, a fine (up to statutory maximum in Scotland and NI) and on conviction on indictment, two years imprisonment or a fine or both.
Regulation 12(1)(b)/regulation 35(1)(a) Shipper only	Must comply with - Part 5 (consignment procedures) of the IMDG Code.	On summary conviction, a fine (up to statutory maximum in Scotland and NI) and on conviction on indictment, two years imprisonment or a fine or both.
Regulation 12(1)(c)/regulation 35(1)(a) Shipper only	Must comply with - regulation 3 (packing), - 4 (marking and labelling) - and 5.1 (documentation) of MARPOL Annex III.	On summary conviction, a fine (up to statutory maximum in Scotland and NI) and on conviction on indictment, two years imprisonment or a fine or both.
Regulation 12(2)(a)/regulation 35(1)(b) Shipper only	Must provide the forwarder with the transport information required by - the transport information required by regulation 4.1 of SOLAS Chapter VII or regulation 5.1 of MARPOL Annex III - any other information required by Chapter 5.4 of the IMDG Code.	On summary conviction, a fine (up to statutory maximum in Scotland and NI) and on conviction on indictment, two years imprisonment or a fine or both.
Regulation 12(2)(b)/regulation 35(2) Forwarder only	Must comply with the requirements on the shipper in - regulation 4.1 (documents) of SOLAS Chapter VII - Chapter 5.4 of the IMDG Code - regulation 5.1 (documentation) of MARPOL Annex III	On summary conviction, a fine (up to statutory maximum in Scotland and NI) and on conviction on indictment, two years imprisonment or a fine or both.
Regulation 14/regulation 34(1) Owner and master	Must if carrying dangerous goods in solid form in bulk comply with each requirement in Part A-1 of Chapter VII applicable in relation to it.	On summary conviction, a fine (up to statutory maximum in Scotland and NI) and on conviction on indictment, two years imprisonment or a fine or both.
Regulation 15/regulation 34(2) Master only	Must comply with - regulation 7-2.2 (special list or manifest) of SOLAS Chapter VII - carry on board any documents required by Appendix 1 of the IMSBC Code - and make available for inspection any document to which the requirements above apply.	On summary conviction, a fine (up to statutory maximum in Scotland and NI) and on conviction on indictment, two years imprisonment or a fine or both.
Regulation 16/regulation 35(1)(c) Shipper only	Must comply with Section 4 of the IMSBC Code in respect of dangerous goods in solid form in bulk to which Appendix 1 of the Code applies.	On summary conviction, a fine (up to statutory maximum in Scotland and NI) and on conviction on indictment, two years imprisonment or a fine or both.
Regulations 20 and 21(1) /regulation 34(1) Owner and master	Chemical tanker - must comply with each requirement in Part B of Chapter VII applicable to it, or - must not proceed or attempt to proceed to sea or on any voyage unless there is a valid International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk.	On summary conviction, a fine (up to statutory maximum in Scotland and NI) and on conviction on indictment, two years imprisonment or a fine or both.
Regulations 25 or 26(1)/regulation 34(1) Owner and master	Gas carrier - must comply with each requirement in Part C of Chapter VII applicable to it, or - must not proceed or attempt to proceed to sea or on any voyage unless there is a valid International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk.	On summary conviction, a fine (up to statutory maximum in Scotland and NI) and on conviction on indictment, two years imprisonment or a fine or both.
Regulations 28 or 29(1) /regulation 34(1) Owner and master	Ship - must comply with each requirement in Part D of Chapter VII applicable to it, or - must not proceed or attempt to proceed to sea or on any voyage unless there is a valid International Certificate of Fitness for the Carriage of INF Cargo.	On summary conviction, a fine (up to statutory maximum in Scotland and NI) and on conviction on indictment, two years imprisonment or a fine or both.
Regulations 31 or 32 (owner and master)/regulation 34(1) or regulation 33 (master only)/regulation 34(2)	Incident reporting requirements in Part 7.	On summary conviction, a fine (up to statutory maximum in Scotland and NI) and on conviction on indictment, two years imprisonment or a fine or both.

Summary of options and recommendations

2.3.9 Option 0 - Do Nothing

One option would be to do nothing. This would mean leaving all existing Regulations as they are and not implementing any outstanding amendments. This option is not considered to be viable because doing nothing would mean that the Regulations increasingly cease to provide adequate implementation of international safety standards, risking reputational damage on the UK. This option will disadvantage UK industry by creating a disparity between UK and other international regulations for the transport of dangerous goods. It would potentially lessen the safety standard of the carriage of dangerous goods on ships in the UK by failing to implement amendments and updates to the international standards which are aimed at enhancing safety for the ship, the crew, and the environment.

2.3.9 Option 1 - Non-Regulatory

This option would mean keeping all the existing SIs and making best efforts to keep each up to date through the issuing of Merchant Shipping Notices (MSNs) and guidance documents to add detail and clarity to the existing regulations. This would retain all seven separate dangerous goods related SIs. This option is not considered to be viable because it would create a web of documents for stakeholders to take into consideration when clarifying the regulations. Additionally, MGNs and MINs are for information and guidance only and cannot introduce or amend mandatory requirements. Although MSNs can set mandatory requirements, their regulatory reach is limited, and the current requirements are outside the scope of what can be given legal effect by an MSN.

2.3.10 Option 2 – Regulatory

It would be possible to update each of the dangerous goods related SIs individually rather than revoke and replace them. However, this option would increase the ‘patchwork’ of SIs and M Notices that already exist, potentially making the existing regulations more difficult for stakeholders to navigate rather than providing clarity. This option would also require significantly more time and resources to achieve, and it would take much longer before stakeholders benefited from the new and up to date regulatory regime. It was determined that this option would require more resource to achieve and with no tangible benefits for stakeholders or Government.

2.3.11 Option 3 – Regulatory

2.3.12 Revoke all seven existing dangerous goods related SIs (as identified above) and the relevant provisions of a seventh SI, update and consolidate all requirements into one instrument which amalgamates and harmonizes all aspects of dangerous goods and harmful substances as far as is possible. The outcome will be one single new SI that is up to date, fit for purpose and consolidates most dangerous goods cargo regulations (noting also that regulations related to the carriage of oil and noxious liquid substances in bulk both have their own SIs which do not currently require updating). A consolidated SI could be clearly set out in parts which cover the different requirements and may have benefits for stakeholders in terms of ease of use. Although this consolidation of several SIs into one instrument is potentially more complicated to develop, the aim is that the resulting new SI is easier to use.

2.3.13 The preferred option is Option 3 as almost all regulatory provisions for the carriage of dangerous goods would be in one SI rather than a suite of five or more, making it easier to use and easier to keep up to date, thereby minimising stakeholder impact.

2.4 Supporting Information

2.4.1 The proposed Merchant Shipping (Carriage of Dangerous Goods and Harmful Substances) Regulations 2024 are set out in Annex A.

2.4.2 A draft new Marine Guidance Note (MGN), entitled The Merchant Shipping (Carriage of Dangerous Goods and Harmful Substances) Regulations 2024, is provided in Annex B. This MGN will provide guidance to clarify the application and effect of the 2024 Regulations across the mandatory codes and the transport of dangerous goods in different forms.

2.4.3 A MGN which provides guidance on the carriage of commercial and military explosives, which will replace the existing MSN 1706 (as amended) is provided at Annex C.

2.4.4 All current Marine Notices are published on Gov.UK.

2.4.5 Copies of the IMO Resolutions referred to above can be found here:

MEPC.119(52)	MEPC.138(53)	MEPC.246(66)
MSC.118(74)	MSC.122(75)	MSC.123(75)
MSC.135(76)	MSC.176(79)	MSC.178(79)
MSC.241(83)	MSC.268(85)	MSC.269(85)
MSC.325(90)	MSC.370(93)

3.Responding to the consultation

3.1 Consultees

3.1.1 There are specific questions highlighted in section 5 of this document and information on how to respond to this consultation document. Anyone may respond to this consultation and consideration will be given to all responses.

3.2 Duration

3.2.1 This consultation is open for six weeks from 08 December 2023. The deadline for responses is 19 January 2024 (extended to 26 January 2024).

3.3 Submitting your response

3.3.1 The preference is for consultation responses to be emailed to Dangerous Goods.  Any questions should also be sent to this email address. In the email subject box please refer to ‘Dangerous Goods Consultation 2023’. We will also accept responses by post to the address given in section 5 below.

3.3.2 When responding, representative groups are asked to give a summary of the people and organisations they represent, and where relevant who else they have consulted in reaching their conclusions.

3.4 Freedom of Information and Data Protection

3.4.1 Information provided in response to this consultation, including personal information, may be subject to publication or disclosure in accordance with the Freedom of Information Act 2000 (FOIA) or the Environmental Information Regulations 2004.

3.4.2 If you want the information you provide to be treated as confidential, please be aware that, under the FOIA, there is a statutory Code of Practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence.

3.4.3 In view of this it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information, we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the Department/MCA.

3.4.4 The MCA will process your personal data in accordance with the data protection framework and, in most circumstances, this will mean that your personal data will not be disclosed to third parties.

3.4.5 The MCA is carrying out this consultation to gather evidence to inform the development and implementation of policy and legislation under the enabling provisions of the Merchant Shipping Act 1995 Part IV Section 86. This consultation and the processing of personal data that it entails is necessary for the exercise of our functions as a government department. If your answers contain information which allows you to be identified, under data protection law, the MCA, as an Executive Agency of the Department for Transport, will be the Controller for this information.

3.4.6 The MCA will use your contact details to send you information about the consultation, for example if we need to ask follow-up questions. You do not have to give us this personal information but if you do choose to provide it, it will not be used for any other purpose without your permission.

3.4.7 Details about how the MCA looks after personal data, your rights, how to complain, and how to contact our Data Protection Manager can be found on gov.uk at:

https://www.gov.uk/government/organisations/maritime-and-coastguard-agency/about/personal-information-charter

3.4.8 Your information will be kept securely on the MCA’s IT system and any written responses will be held in a secure file and kept for up to five years, until a post-implementation review has been completed.

3.4.9 If you do not wish to remain on this list, please let us know at [email protected].

4.Outline of plans beyond the consultation

4.1 Plans

4.1.1 Once this consultation closes, we will review all responses.  In considering the responses we will apply appropriate weight to those from organisations and individuals with specialist knowledge of the subject area.

4.1.2 We will be analysing the responses during winter 2023.  Our aim is to publish an overview of the responses and the MCA’s comments by winter 2023/24, which will be available on www.gov.uk along with the consultation.

4.1.3 Where appropriate the draft Regulations/Guidance, accompanying guidance and impact assessment will be revised to take into consideration the consultation responses.

4.1.4 Our aim is for the 2024 Regulations to come into force early 2024. The Regulations will be published on www.legislation.gov.uk

4.1.5 Every effort will be made to publish the revised accompanying guidance on gov.uk in advance of the 2024 Regulations coming into force.

4.1.6 An overview timetable is below for reference:

5.Response form

This can be found here.

6.Conduct of this consultation

6.1 Consultation principles

6.1.1 This consultation has been conducted in accordance with the Cabinet Office Consultation Principles which can be found on gov.uk.

6.2 Feedback on conduct of consultation

6.2.1 If you have any comments regarding the conduct of this consultation, please contact the Consultation Coordinator.

6.2.2 We are continually trying to improve the way in which we conduct consultations and appreciate your views.  We would be grateful if you could complete and return the attached feedback form.  These should be submitted to the Consultation Coordinator and are not affected by the deadline for this consultation.

6.2.3 If you require this consultation in an alternative format, please contact the named official conducting this consultation.