Changes to international law: maritime
Source: gov.uk (2025-01-14)

Amendments to 2 maritime codes: International Maritime Solid Bulk Cargoes (IMSBC) and the International Maritime Dangerous Goods (IMDG).

I am making this statement to record updates to maritime legislation as a result of changes to international law. This fulfils a commitment made to Parliament to make such a statement. The legislative changes came into force on 1 January 2025.

Some domestic maritime secondary legislation includes ambulatory reference provision to give direct effect in UK law to certain amendments to international obligations. This means that where the legislation refers to a requirement of an international instrument, this reference will be ambulatory, in other words, it is a reference to the most up to date version of that requirement. This approach ensures, so far as possible, that the UK keeps up to date with its international maritime obligations.

Amendments have been made to 2 maritime codes which are made mandatory by the International Convention for the Safety of Life at Sea, 1974 (SOLAS), which is the main international instrument governing maritime safety: the International Maritime Solid Bulk Cargoes (IMSBC) Code (the IMSBC Code) and the International Maritime Dangerous Goods (IMDG) Code (the IMDG Code) (https://www.imo.org/en/OurWork/Safety/Pages/DangerousGoods-default.aspx). Two sea areas identified in the International Convention for the Prevention of Pollution from Ships, 1973 (MARPOL), which are subject to enhanced pollution protection requirements, have been established under the agreed procedure in MARPOL.

The IMSBC Code is made mandatory by Chapter VI of SOLAS and is implemented in the UK by the Merchant Shipping (Carriage of Cargoes) Regulations 2024 (SI No. 2024/637) (the Carriage of Cargoes Regulations). The IMSBC Code provides the international regulatory framework for the safe loading, stowage and shipment of solid bulk cargoes other than grain and includes mandatory carriage requirements specific to each type of solid bulk cargo covered by the code.

To remain up to date and fit for purpose, the IMSBC Code is amended in the International Maritime Organization (IMO) and a new edition adopted every 2 years. Changes to the IMSBC Code text are proposed to and considered by the IMO’s sub-committee on the carriage of cargoes and containers (CCC) with participants including member states and industry bodies. The latest edition of the code was adopted by IMO Resolution MSC.539(107) and became mandatory internationally on 1 January 2025 when, by way of the ambulatory reference provision in the Carriage of Cargoes Regulations, it also became mandatory in the UK. It includes carriage requirements for a number of new solid bulk cargoes in order to permit and facilitate their safe transport by sea, and amendments to some existing cargo schedules.

The IMDG Code is made mandatory at the international level by Chapter VII of SOLAS and also by Annex III of MARPOL. The IMDG Code is implemented in the UK by the Merchant Shipping (Carriage of Dangerous Goods and Harmful Substances) (Amendment) Regulations 2024 (SI No. 2024/636) (the Dangerous Goods Regulations) (https://www.legislation.gov.uk/uksi/2024/636/contents/made). The IMDG Code provides the international regulatory framework for the carriage of dangerous goods and marine pollutants by sea. It makes mandatory provisions for the classification, notification, packaging, labelling, stowage and segregation of dangerous goods to enable their safe transport by sea.

In order to keep it up to date and harmonised with the requirements for the carriage of dangerous goods in other modes of transport, the IMDG Code is updated in the IMO every 2 years. The latest edition of the code was adopted by IMO Resolution MSC.556(108) (https://www.imo.org/en/KnowledgeCentre/IndexofIMOResolutions/Pages/MSC-2022-23.aspx). It applies on a voluntary basis from 1 January 2025 and will become mandatory internationally on 1 January 2026 when, by way of the ambulatory reference provision in the dangerous goods regulations, it will also become mandatory in the UK. It includes clarifications on the requirements for marine pollutants, new provisions for electric vehicles and provisions for cargo tracking devices.

Further amendments to MARPOL will come into force in the UK by way of the ambulatory reference provisions in the Merchant Shipping (Prevention of Oil Pollution) Regulations 2019 (SI 2019/42) (the oil pollution regulations) (https://www.legislation.gov.uk/uksi/2019/42/made) and the Merchant Shipping (Prevention of Pollution by Garbage from Ships) Regulations 2020 (SI 2020/621) (the garbage regulations) (https://www.legislation.gov.uk/uksi/2020/621/contents/made). MARPOL contains mandatory requirements for the prevention and control of pollution from ships and identifies geographical areas, known as special areas, where sea traffic and the sensitive nature of the marine environment mean that additional control measures are required for the protection of that environment.

Annex I of MARPOL, which makes provision for the prevention of pollution by oil from ships, and Annex V of MARPOL, which makes provision for the prevention of pollution by garbage from ships, both include provisions defining the Red Sea as a special area. Annex I further defines the Gulf of Aden as a special area. Until now, these special areas were identified in MARPOL but had not been established as such. MARPOL contains provision to allow the IMO to establish the special areas identified in MARPOL. By resolutions MEPC.381(80) and resolution MEPC.382(80), the IMO has determined that both special areas were established internationally on 1 January 2025. By way of the ambulatory reference provision in the garbage regulations and also by way of specific provision in the oil pollution regulations, which replicates the MARPOL procedure, these special areas were also established for the purposes of UK legislation on that date.

Further information and guidance on all amendments referred to in this statement has been published by the Maritime and Coastguard Agency (https://www.gov.uk/government/organisations/maritime-and-coastguard-agency).