# The Merchant Shipping (Prevention of Pollution) (Limits) Regulations 2014

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U.K.

Statutory Instruments

# 2014 No. 3306

Marine Pollution

# The Merchant Shipping (Prevention of Pollution) (Limits) Regulations 2014

Made

11th December 2014

Laid before Parliament

17th December 2014

Coming into force

28th January 2015

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 F1 in relation to measures relating to the safety of ships and the health and safety of persons on them F2, in relation to measures relating to the environment F3 and in relation to measures relating to maritime transport F4.                        

The Secretary of State makes the following Regulations in exercise of the powers conferred by article 2 of the Merchant Shipping                           (Prevention of Pollution) (Law of the Sea Convention) Order 1996 F5, by article 3 of the Merchant Shipping (Prevention and Control of Pollution) Order 1987 F6, by article 3 of the Merchant Shipping (Prevention and Control of Pollution) Order 1990 F7, by article 3 of the Merchant Shipping (Prevention of Oil Pollution) Order 1983 F8, by article 2 of the Merchant Shipping (Oil Pollution Preparedness, Response and Cooperation Convention) Order 1987 F9, by articles 2 and 3 of the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2006 F10, by articles 3, 4 and 5 of the Merchant Shipping (Prevention of Pollution by Sewage and Garbage) Order 2006 F11, by section 2(2) of the European Communities Act 1972 and by sections 85, 86 and 128(5) and (6) of the Merchant Shipping                           Act 1995 F12.                        

In accordance with section 86(4) of the Merchant Shipping Act 1995 the Secretary of State has consulted the persons referred                           to in that section.                        

F11972 c.68. Section 2(2) was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c.51) and by section 3 of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c.7).

F2S.I. 1993/595.

F3S.I. 2008/301.

F4S.I. 1994/757.

F5S.I. 1996/282; article 2 was amended by paragraph 3 of Schedule 4 to the Marine and Coastal Access Act 2009 (c.23).

F6S.I. 1987/470, amended by S.I. 1990/2595.

F7S.I. 1990/2595.

F8S.I. 1983/1106, amended by S.I. 1985/2002, **S.I**. 1991/2885 and S.I. 1993/1580.

F9S.I. 1987/2567.

F10S.I. 2006/1248.

F11S.I. 2006/2950.

F121995 c.21. Sections 85 and 86 were amended by sections 8 and 29 of and Schedule 7 Part 1 to the Merchant Shipping and Maritime Security Act 1997 (c.28) and are applied to hovercraft by article 4 of the Hovercraft (Application of Enactments) Order 1989 (S.I. 1989/1350) (sections 85 and 86 re-enact sections 21 and 22 of the Merchant Shipping Act 1979 (c.39), to which that article refers). There are other amendments which are not relevant to these Regulations. Section 128(5) was                              amended by the Merchant Shipping (Pollution) Act 2006 (c.8).

## 

1.  These Regulations may be cited as the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 2014 and come into                     force on 28th January 2015.                  

## 

2.—(1) The areas of sea defined in Schedule 1 to these Regulations, being within areas for the time being designated under section                     41(3) of the Marine and Coastal Access Act 2009 F13 (exclusive economic zone), are specified as waters within which the jurisdiction and rights of the United Kingdom are exercisable                     in accordance with Part XII of the United Nations Convention on the Law of the Sea F14 for the protection and preservation of the marine environment.                  

(2) The coordinates in Schedule 1 are defined on the World Geodetic System 1984 Datum (WGS84).

F132009 c.23. S.I. 2013/3161 designates areas under section 41(3) as the United Kingdom's exclusive economic zone.

F14Cmnd. 8941.

## 

3.  Schedule 2 (amendments to legislation) has effect.                  

Signed by authority of the Secretary of State

John Hayes

 Minister of State

 Department for Transport

 Regulation 2(1)

## SCHEDULE 1U.K.

 Regulation 3

## SCHEDULE 2U.K.AMENDMENTS TO LEGISLATION

1.  In regulation 3(10) of the Merchant Shipping (Reporting Requirements for Ships Carrying Dangerous or Polluting Goods) Regulations                     1995 F15 for sub-paragraph (b) substitute—U.K.

“(b)“controlled waters” means the areas of sea specified by the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 2014 as waters                           within which the jurisdiction and rights of the United Kingdom are exercisable in accordance with Part XII of the United Nations                           Convention on the Law of the Sea for the protection and preservation of the marine environment;”.                  

F15S.I. 1995/2498, amended by S.I. 2005/1092. There are other amending instruments but none is relevant.

2.  In regulation 1(2) of the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996 F16 for the definition of “controlled waters” substitute—U.K.

““controlled waters” means the areas of sea specified by the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 2014 as waters                           within which the jurisdiction and rights of the United Kingdom are exercisable in accordance with Part XII of the United Nations                           Convention on the Law of the Sea for the protection and preservation of the marine environment;”.                     

F16S.I. 1996/2154. There are amendments but none is relevant.

F173.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F17Sch. 2 para. 3 revoked (12.3.2018) by The Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018 (S.I. 2018/68), reg. 1(1), **Sch. Pt. 2** (with reg. 5)

4.  In regulation 5 of the Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998                     F18 for paragraph (3) substitute—U.K.

“(3)In this regulation “controlled waters” means the areas of sea specified by the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 2014 as waters                        within which the jurisdiction and rights of the United Kingdom are exercisable in accordance with Part XII of the United Nations                        Convention on the Law of the Sea for the protection and preservation of the marine environment.”.                  

F18S.I. 1998/1056. There are amendments but none is relevant.

5.  In regulation 12(10) of the Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004 F19 for paragraph (a) substitute—U.K.

“(a)“controlled waters” means the areas of sea specified by the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 2014 as waters                           within which the jurisdiction and rights of the United Kingdom are exercisable in accordance with Part XII of the United Nations                           Convention on the Law of the Sea for the protection and preservation of the marine environment;”.                  

F19S.I. 2004/2110, amended by S.I. 2005/1092 and S.I. 2011/2616.

6.  In regulation 2(1) of the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008 F20 for the definition of “controlled waters” substitute—U.K.

““controlled waters” means the areas of sea specified by the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 2014 as waters                           within which the jurisdiction and rights of the United Kingdom are exercisable in accordance with Part XII of the United Nations                           Convention on the Law of the Sea for the protection and preservation of the marine environment;”.                     

F20S.I. 2008/2924, amended by S.I. 2010/895; there are other amendments but none is relevant.

7.  In regulation 2(1) of the Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 2008 F21 for the definition of “controlled waters” substitute—U.K.

““controlled waters” means the areas of sea specified by the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 2014 as waters                           within which the jurisdiction and rights of the United Kingdom are exercisable in accordance with Part XII of the United Nations                           Convention on the Law of the Sea for the protection and preservation of the marine environment;”.                     

F21S.I. 2008/3257, amended by S.I. 2010/897; there are other amendments but none is relevant.

8.  In regulation 2(1) of the Merchant Shipping (Anti-Fouling Systems) Regulations 2009 F22 for the definition of “controlled waters” substitute—U.K.

““controlled waters” means the areas of sea specified by the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 2014 as waters                           within which the jurisdiction and rights of the United Kingdom are exercisable in accordance with Part XII of the United Nations                           Convention on the Law of the Sea for the protection and preservation of the marine environment;”.                     

F22S.I. 2009/2796; there is an amendment but it is not relevant.

9.  In regulation 5A(4) of the Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010 F23 for the definition of “Pollution Control Zone” substitute—U.K.

““Pollution Control Zone” means the areas of sea specified by the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 2014 as waters                           within which the jurisdiction and rights of the United Kingdom are exercisable in accordance with Part XII of the United Nations                           Convention on the Law of the Sea for the protection and preservation of the marine environment; and”.                     

F23S.I. 2010/1228. Regulation 5A was inserted by S.I. 2012/742; there are other amendments but none is relevant.

## Explanatory Note

(This note is not part of the Regulations)

These Regulations specify the zone beyond the territorial sea around the United Kingdom and the Isle of Man in which the United                        Kingdom's jurisdiction is exercisable in order to protect and preserve the marine environment. They give effect to Parts V                        and XII of the United Nations Convention on the Law of the Sea (Cmnd. 8941) which provide for coastal States to have jurisdiction over an exclusive economic zone for that purpose. The United                        Kingdom's exclusive economic zone was declared by the Exclusive Economic Zone Order 2013 (S.I. 2013/3161) and the areas it comprises were defined in Schedule A to that Order. The areas specified in Schedule 1 to these                        Regulations are the areas comprising the United Kingdom's exclusive economic zone.                     

Schedule 2 to these Regulations amends other statutory instruments which contain measures to protect and preserve the marine                        environment, so as to apply them to the United Kingdom's exclusive economic zone, by replacing references to the now revoked                        Merchant Shipping (Prevention of Pollution) (Limits) Regulations 1996 (S.I. 1996/2128) with references to these Regulations.                     

No impact assessment has been prepared for this instrument. An Explanatory Memorandum is published alongside this instrument                        at www.legislation. gov.uk.