Consultation outcome

Condoc MSN 1747 letter

Updated 14 March 2022

Dear Consultee

CONSULTATION ON AMENDMENT TO MERCHANT SHIPPING NOTICE 1747(M) ON THE CATEGORISATION OF EU WATERS IN RELATION TO THE MERCHANT SHIPPING (PASSENGER SHIPS ON DOMESTIC VOYAGES) REGULATIONS 2000

This consultation seeks comments on a draft updated Merchant Shipping Notice (MSN) 1747(M) which designates waters which are considered by the UK to be Sea Areas C and D around the UK.

The original designation of Sea Areas (then referred to as “EU Sea Areas”) shown in MSN 1747(M) was carried out using the Metrological Office data available at the time. Since then, a Metrological Report was published in 2011 in which the data has been updated and shows sea state data in a more granular way. As a result of this, it may be possible to re-categorise areas of water based on new data. One specific area of water has been identified for review, but consultees are invited to suggested any others for which they consider a review is appropriate based on the Met Office Report.

Additionally, it is proposed to update the MSN with consequential amendments, the main ones of which is to revise definitions of Sea Areas C and D, brought about by amendments to Directive 2009/45/EC by Directive 2017/2108/EU which were implemented by the Merchant Shipping (Safety Standards for Passenger Ships on Domestic Voyages) (Miscellaneous Amendments) Regulations 2020 (SI 2020/1222);

The consultation period will run for 5 weeks from 27 January to 3 March 2022.

The consultation documents accompany this consultation letter.

Background

This MSN was originally published in October 2000 to fulfil an obligation in Directive 98/18/EC, the Domestic Passenger Ships Directive. that as, a member state, the UK must specify geographical areas of water adjacent to the UK which were considered to be EU Sea Areas C or D.

Subsequently this Directive was replaced by Directive 2009/45/EC and more recently the UK has left the EU, however, it is necessary to retain the Sea Area categories because UK legislation still refers to them.

Changes to be reflected in the revised version of MSN 1747(M)

We would like to hear from you

We would welcome your comments about the proposed MSN. We are particularly interested in hearing your comments on the following aspects of the draft MSN:

a) any content which you believe to be inaccurate:

b) any typographical errors;

c) any non-statutory advice with which you disagree;

d) any content you believe is unclear;

e) any content you think is inappropriate to include, and should therefore be omitted;

f) any content which has been omitted which you believe should be included.

Responding to the consultation

You are invited to submit comments on the form provided at Annex A.

As many MCA staff are still working remotely at present, it is requested that the completed form be scanned or photographed and a clearly readable copy be forwarded by e-mail to [email protected]. If you do not have access to e-mail, please telephone the MCA’s Passenger Vessel Team on 020 381 72379 or 72392 to discuss alternative options of submitting responses. The last day of this consultation is 3 March 2022.

A summary of consultation responses will be posted on the same GOV.UK page as the consultation in due course, and normally within 3 months of completion of the consultation. If you subscribe to notifications on the GOV.UK Policy and Consultations page, you will receive a notification when an Outcome Report is uploaded. Here is a link to the GOV.UK Policy and Consultations page: https://www.gov.uk/search/policy-papers-and-consultations . The “organisation” drop-down meu on the left had side can be used to select the MCA postings, this limiting your notifications to these.

Commenting on the way the consultation was conducted

An opportunity to comment on how the consultation was conducted is also available, and a form is provided for this at Annex B. If you have any such comments, it is requested that these comments also be forwarded electronically if possible - but these should be sent to [email protected]. Please note that the Consultation co-ordinator is separate from the subject matter of the consultation and is not able to make changes to the draft documents. It is therefore important that any comments on the subject matter of the consultation (as opposed to the way it was conducted) are sent to [email protected].

Freedom of Information

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.

If you want the information that 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. 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. The MCA will process your personal data in accordance with the data protection framework and, in the majority of circumstances, this will mean that your personal data will not be disclosed to third parties.

Data Protection

The MCA is carrying out this consultation to gather evidence. The consultation is being carried out in the public interest to inform the development of guidance. 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 that 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.

The MCA will use your contact details to send you information about the consultation, for example if we need to ask follow-up questions, as part of its functions as a government department. Your information will be kept secure and will not be used for any other purpose without your permission.

To find out more about how the MCA looks after personal data, your rights, and how to contact our data protection officer, please go to: https://www.gov.uk/government/organisations/maritime-and-coastguard-agency/about/personal-information-charter

Your information will be kept securely on the MCA’s IT system and any written responses will be held in a secure file and cabinet and kept until no longer required.

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

Yours faithfully,

Matt Giacomini Ship Standards Policy Lead (Passenger Ships)

Annexes:

Annex A: Questionnaire on the subject matter of the consultation.

Annex B: MCA consultation feedback form, for comments on the way in which the consultation was conducted.