Consultation outcome

Annex F Further Background Notes

Updated 20 February 2024

The Merchant Shipping (Prevention of Pollution by Sewage from Ships and Prevention of Pollution by Garbage from Ships) (Amendment) Regulations 2024

The Regulations will amend existing legislation to continue to control the discharge of garbage by ships into the sea. By doing so, they work to protect the maritime environment from pollution by garbage.

The International Maritime Organization (IMO) Assembly recognises the ongoing problem of marine plastic pollution. It had instructed its Marine Environmental Protection Committee (MEPC) to consider whether regulations for the International Convention for the Prevention of Pollution by Garbage from Ships (MARPOL Annex V) required further development as part of a global solution within the framework of ocean governance, in pursuance of the target of Sustainable Development Goal 14, to prevent and significantly reduce marine pollution of all kinds by 2025. In undertaking this instruction, IMO’s MEPC adopted Resolution MEPC.310(73) (adopted on 26 October 2018), which provides an action plan to address marine plastic litter from ships (the Action Plan).

The Action Plan builds on existing policy and regulatory frameworks and identifies opportunities to enhance these frameworks and introduce new supporting measures to address the issue of marine plastic litter from ships. The Action Plan identified 30 actions with many falling to MARPOL Annex V.

In addition, MEPC considered amending MARPOL Annex V at their 79th meeting in December 2022 and adopted resolution MEPC.360(79) Concerning Regional Reception facilities within Arctic Waters and rules for the Garbage Record Book (GRB) with an agreed coming into force date of the amendments to MARPOL Annex V of 1 May 2024.

The proposals put forward aim to further reduce marine debris, in particular plastic waste coming from shipping. Also, consideration was given in relation to reducing the gross tonnage (GT) criteria for the Garbage Record Book (GRB) under regulation 10 of MARPOL Annex V. Work is still ongoing for amendments to Annex V to cover specific requirements for fishing vessels, however, work has been completed on actions 7 and 9 from the Action Plan to “Review the application of placards, garbage management plans and garbage record-keeping (regulation 10, MARPOL Annex V), for example making the GRB mandatory for ships of 100 GT and above.”

Regulation 10 of MARPOL Annex V currently provides that every ship of 400 GT and above and every ship which is certified to carry 15 or more persons engaged in voyages to ports or offshore terminals under the jurisdiction of another Party to the Convention shall be provided with a GRB. This has been amended to provide that every ship of 100 GT and above and every ship which is certified to carry 15 or more persons engaged in voyages to ports or offshore terminals under the jurisdiction of another Party to the Convention shall be provided with a GRB. This amendment also makes corresponding revision to Regulation 10.3.6 of MARPOL Annex V to require ships of 100 GT or above to enter information in the GRB about specified discharges which currently only applies to ships of 400 GT or above.

MARPOL Annex V is implemented into UK law by the Merchant Shipping (Prevention of Pollution by Garbage from Ships) Regulations 2020 (SI 2020/621 - “the 2020 Regulations”).

Regulation 12 of the 2020 Regulations set out the requirement for UK ships to carry a GRB, and hence will require amendment to keep in line with regulation 10.3 of MARPOL Annex V. However, the amendment to Regulation 10.3.6 of MARPOL Annex V will be covered under the ambulatory reference provision.

The Regulations also amend the general application provision of both the 2020 Regulations and the Merchant Shipping (Prevention of Pollution by Sewage from Ships) Regulations 2020 (SI 2020/620) to clarify the application of the requirements in both instruments to ships engaged on voyages in polar waters. These amendments do not represent a change in policy but are intended only to further facilitate enforcement by UK authorities, in particular in relation to any breaches of requirements in polar waters by non-UK ships.

The amendment to the 2020 Regulations needs to be given effect in the UK by 1 May 2024.

Considerations

The De Minimis Assessment (DMA) shows that the regulations are a low-cost measure and contains the supporting information and evidence for two options to implement.

Option 0 – Do nothing – this option would mean that the MARPOL Annex V amendment is not implemented in UK law. This option would not solve the issue and would leave the UK non-compliant with its international obligations as a signatory to the MARPOL Convention. This would risk reputational damage. UK flagged ships of between 100 GT and 399 GT that do not carry 15 or more persons on board on international voyages may find themselves subject to sanctions in foreign ports such as port state control deficiencies or detentions causing unnecessary delays and costs to industry and further reputational damage to the UK. Overall costs/benefits would not be realised. It would also leave UK waters unprotected as there would be no way to enforce the international requirements within the UK.

Option 1 – Advice to industry (Non-regulatory) – It would be possible, with minimal resources, to publish a Marine Guidance Note (MGN) which sets out the amendments to MARPOL Annex V, highlights the associated IMO guidance and explains to industry the requirement. Unlike Option 1, Option 2 would achieve a level of awareness within the industry of the new requirement. However, it would not achieve the intended outcomes of implementation of mandatory requirements into UK law, protecting the marine environment and setting a level playing field for UK flagged vessels. The consequential result and the risks associated with this option would be the same as for Option 0 (do nothing).

Option 2 (preferred option) – Amend the UK Regulations (Regulatory) – This option requires the amendment of the 2020 Regulations to implement the amendments as set out in resolution MEPC.360(79). This will achieve the desired outcomes of reducing marine debris and therefore protecting the marine environment, fulfilling the UK’s international obligations, maintaining the UK’s reputation as a responsible flag state and party to the convention and ensuring an international level playing field for UK flagged ships. This is the most resource-heavy of the options listed here but the benefits of a successful result outweigh the initial expenditure of policy, legal and parliamentary time needed to effect the change.

Stakeholder Engagement

The MCA engages extensively with stakeholders during the negotiations of international conventions and their amendments at the International Maritime Organization.