Consultation outcome

Consultation Document: The Merchant Shipping (Carriage of Cargoes) Regulations 2024

Updated 15 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) and accompanying Merchant Shipping Notice (MSN) and guidance. The purpose of this new SI is to revoke the current Merchant Shipping (Carriage of Cargoes) Regulations 1999 (“the 1999 Regulations”) and replace them with revised regulations which implement all of Chapter VI of the Annex to the International Convention for the Safety of Live at Sea, 1974 (“SOLAS”).

1.1.2 The proposed new Merchant Shipping (Carriage of Cargoes) Regulations 2024 (“the 2024 Regulations”) make provision for all cargo types. However, regulatory provisions for some cargo types are set out in more detail in other SIs. For example, specific provisions are made in other regulations for dangerous goods, noxious liquid substances in bulk and liquefied gases in bulk.

1.1.3 Although the proposed 2024 Regulations will largely restate existing 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 proposed 2024 Regulations and accompanying MSN and 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, impacts and any potential gaps or 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 8 December 2023 until 19 January 2024 (extended to 26 January 2024).

2. Areas for consideration

2.1 Background

2.1.1 The United Kingdom is a signatory to the International Convention for the Safety of Life at Sea, 1974 (“SOLAS”), the main international treaty concerning the safety of merchant ships engaged on international voyages. Chapter VI of the Annex to SOLAS sets out requirements for the carriage of cargoes and oil fuels. Chapter VI does not, in general, make provision for bulk liquid cargoes or gases in bulk, subject to some exceptions.

2.1.2 The Maritime and Coastguard Agency (“MCA”) is an executive agency of the Department for Transport. The MCA is responsible for the maritime safety policy areas falling under the Merchant Shipping Act 1995; this is a reserved matter. The current UK Statutory Instrument (“SI”) which implements the provisions of Chapter VI of SOLAS is the Merchant Shipping (Carriage of Cargoes) Regulations 1999.

2.1.3 In the more than 20 years since the 1999 Regulations came into force, Chapter VI of SOLAS has been amended by the International Maritime Organization (“IMO”) on seven occasions. These amendments introduced mandatory requirements such as verified gross mass (“VGM”) declarations for containerised cargoes and the International Maritime Solid Bulk Cargoes Code (“IMSBC Code”) for the carriage by sea of solid bulk cargoes other than grain.

2.1.4 The seven Resolutions which have amended Chapter VI since the 1999 Regulations came into force are:

1) IMO Resolution MSC.123(75) amended the reference to the International Maritime Dangerous Goods Code (“IMDG Code”) which had become mandatory. It also amended the definition of cargo to more clearly define the different types (the term ‘cargo transport unit’ being added to the terms ‘cargo’ and ‘cargo units’) and amended the word ‘container’ to say ‘freight container’ in order to make the terminology consistent with other IMO regulations. The IMDG Code is implemented in the UK in separate regulations and is not part of this consultation^{[footnote 1]}.

2) IMO Resolution MSC.194(80) updated a reference to SOLAS Chapter II-I because the numbering of sections within that chapter had changed.

3) IMO Resolution MSC.239(83) introduced a new section 5-1 which set out a new requirement for vessels carrying an oil product to be provided with a Material Safety Data Sheet (MSDS) prior to loading it either as a fuel or as a bulk cargo. Oil products are defined by Annex I of the International Convention for the Prevention of Pollution by Ships (“MARPOL”). The new SOLAS VI regulation 5-1 was implemented in the UK through an amendment to the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997^{[footnote 2]}. This new SI will move the UK implementation of SOLAS VI/5-1 from the dangerous goods regulations to the proposed new SI, but the provision otherwise remains unchanged.

4) IMO Resolution MSC.269(85) implemented the new International Maritime Solid Bulk Cargoes (IMSBC) Code on a mandatory basis. This is one of the areas of change in the proposed new SI (see section 2.2 below for further information).

5) IMO Resolution MSC.282(86) changed the title of SOLAS Chapter VI from ‘Carriage of Cargoes’ to ‘Carriage of Cargoes and Oil Fuels’ to reflect the previous insertion of regulation 5-1 which required the provision of a MSDS for oil loaded either as fuel or as a bulk cargo. This Resolution also made an editorial amendment to regulation 1 (application) to reflect the earlier inclusion of regulation 5-1 given that Chapter VI for the most part does not make provision for bulk liquid cargoes, and slightly redrafted the wording of regulation 5-1 for the purposes of clarification.

6) IMO Resolution MSC.325(90) inserted a new regulation 5-2 which sets out a prohibition on the at-sea blending or production processes of bulk liquid cargoes. This is one of the areas of change in the proposed 2024 Regulations (see section 2.2 below for further information).

7) IMO Resolution MSC.380(94) set out the requirement for the provision of the verified gross mass (“VGM”) of a container before it can be loaded on a ship. The 1999 Regulations already made provision for this and guidance on this requirement and the process for compliance has been set out in MGN 534^{[footnote 3]}.

2.1.5 Resolution MSC.69(69) made amendments to SOLAS Chapter VI related to the provisions for the Cargo Securing Manual. Although these provisions came into force after the 1999 Regulations, they were adopted in the IMO prior to the 1999 Regulations coming into force and therefore the 1999 Regulations include these provisions meaning that for the proposed 2024 Regulations, there will be no change in this respect.

2.1.6 Of the amendments to SOLAS Chapter VI set out above, Resolutions MSC.269(85), which implements the IMSBC Code, and MSC.325(90), which implements the prohibition on the at-sea blending of bulk liquid cargoes, will be fully implemented for the first time in the UK by the proposed 2024 Regulations.

2.2 Proposed Changes

2.2.1 Although the 1999 Regulations are still functional and many of the amendments to SOLAS Chapter VI have been implemented, or partially implemented, in the UK by other means, the MCA is proposing to combine the existing requirements in the 1999 Regulations with the as yet unimplemented amendments to SOLAS Chapter VI which have been adopted in the IMO since the 1999 Regulations came into force, and to set these all out concisely in one new and up to date SI with accompanying MSN and guidance.

2.2.2 The format of the proposed 2024 Regulations will be more succinct than the 1999 Regulations and will point directly to the relevant requirements of SOLAS Chapter VI and the associated mandatory codes instead of expressly replicating those requirements.

2.2.3 The proposed 2024 Regulations will, for the most part, revoke, restate and update the existing requirements of the 1999 Regulations. However, there are some notable changes. These are: the full implementation of the IMSBC Code; the implementation of the prohibition on blending bulk liquid cargoes at sea; and the inclusion of ambulatory reference provisions within the new SI.

International Maritime Solid Bulk Cargoes (IMSBC) Code

2.2.4 The IMSBC Code provides the international regulatory framework for the safe stowage and shipment of solid bulk cargoes other than grain. The Code provides information on the known hazards of the products listed in the Code and sets out the minimum requirements for their safe carriage in bulk by sea.

2.2.5 Much of the IMSBC Code builds on the IMO’s previous Code of Safe Practice for Solid Bulk Cargoes (“the BC Code”) which it replaced. For example: the existence of individual cargo schedules; the assignment of a Bulk Cargo Shipping Name (“BCSN”); the categorisation of cargoes into Groups A, B and C; the recognition of hazards such as liquefaction and chemical hazards; the provision of appropriate information from the shipper to the master; that cargoes should be properly sampled and tested as appropriate; and that appropriate safety precautions should be taken.

2.2.6 The IMSBC Code became mandatory on an international basis in 2011 through amendments to Chapter VI of SOLAS^{[footnote 4]}. At that time, the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997 were amended in order to implement the IMSBC Code in as far as it relates to solid bulk cargoes which are dangerous goods, and a Marine Information Note (“MIN”) was issued which drew attention to the new Code and its coming into force date.

2.2.7 The IMSBC Code has a two-year amendment cycle, meaning that every two years the IMO adopts amendments to the Code and a new edition of the Code is published. Since 2011, with each new edition of the Code the MCA has issued a MIN advising industry of the new edition and explaining the key changes being made. Additionally, the MCA has issued a number of Marine Guidance Notes (MGNs) which provide guidance on how to comply with specific aspects of the IMSBC Code, for example MGN 513^{[footnote 5]} and MGN 512.^{[footnote 6]}

2.2.8 Although the above legislative amendments were made and various guidance documents issued, and although parts of the previous BC Code which are implemented in the 1999 Regulations are similar to those in the IMSBC Code, the IMSBC Code has until now never been fully implemented in UK legislation. The proposed 2024 Regulations will resolve this by implementing all of SOLAS Chapter VI, which requires compliance with the IMSBC Code when shipping or carrying solid bulk cargoes by sea.

2.2.9 As the IMSBC Code has been implemented internationally on a mandatory basis since 2011, it is expected that those involved in the carriage of solid bulk cargoes by sea are already familiar with, and accustomed to, the IMSBC Code and are likely to already be complying with its requirements, particularly for those ships which operate internationally.

2.2.10 The IMSBC Code is not a ship construction code and does not make provisions for any ship survey and certification process. The Code signposts the relevant requirements for documentation related to the ship’s structure and equipment from other regulations that are not specific to the IMSBC Code. For example: the special list or manifest of dangerous goods which is required by SOLAS Chapter VII regulation 7-2.2 and the stability information booklet which is required by SOLAS Regulation II-1/5-1.

2.2.11 Specific requirements of the IMSBC Code include the provision of information, operations and procedures such as cargo sampling procedures, precautions to be taken when loading a high-density cargo, hold cleanliness and inspections, loading procedures and weather precautions. Moreover, where requirements for, for example, gas detection equipment, appropriate PPE and appropriate training are established in the Code, many of these are already requirements of the 1999 Regulations as well as other regulations that are also likely to apply to the ship (such as the Merchant Shipping (International Safety Management (ISM Code)) Regulations 2014).

2.2.12 Changes to the IMSBC Code text that are adopted in a two-year amendment cycle through the IMO are proposed to, and considered by, the Sub-Committee on the Carriage of Cargoes and Containers (“CCC”) with participants including non-governmental bodies from industry. Amendments through this standing work item are logical and editorial ones mostly focused on the individual schedules of solid bulk cargoes listed in Appendix 1 to the IMSBC Code, especially the consideration of new schedules for bulk cargoes not already listed in the Code.

2.2.13 It is acknowledged that through such amendments, for example to cargo schedules, new requirements could be introduced which would bring a cost burden. For example, to ascertain the hazardous or non-hazardous nature of a particular bulk cargo a new test procedure may be introduced. Any associated burden must also be weighed against the benefits of safe and internationally harmonised trading. Also, such amendments are often proposed as a direct result of accident investigations and associated learnings and are agreed in the IMO in conjunction with industry representatives.

2.2.14 With the above in mind, the MCA considers that full implementation of the IMSBC Code in the proposed 2024 Regulations is likely to have low impact and cost implications for shippers, terminals and vessel owners and operators.

Prohibition on blending bulk liquid cargoes at sea

2.2.15 The proposed 2024 Regulations will implement SOLAS Chapter VI regulation 5-2 for the first time in the UK. This regulation sets out a prohibition on the blending of bulk liquid cargoes and production processes during sea voyages. This prohibits the blending of two or more liquid chemicals to create a new product whilst the ship is at sea. This prohibition came into force internationally on 1 January 2014. However, until now it has not been implemented in UK legislation.

2.2.16 SOLAS Chapter VI Regulation 5-2 provides that the prohibition does not apply to specialist ships engaged in the search and exploitation of seabed mineral resources, nor does it preclude a master from undertaking cargo transfers for the safety of the ship or protection of the marine environment. The IMO has also clarified that the prohibition should apply to a ship when located outside port limits, meaning that blending of bulk liquid cargoes and production processes can still be undertaken within port limits subject to any other regulations or local bye-laws, permissions etc. that may be relevant.

2.2.17 In terms of the expected impacts of this implementation, the possibility of adverse commercial consequences of the prohibition for ships due to operational restrictions is weighed against the safety and environmental benefits of controlling operations which are potentially hazardous to people and the environment. This prohibition came into force internationally on 1st January 2014 meaning that it has been an international requirement for almost ten years which vessels on international voyages are likely to have already been complying with or else risk inspection deficiencies and/or detention in foreign ports. As such, the MCA considers the overall impact of the implementation of SOLAS Chapter VI Regulation 5-2 in the 2024 Regulations is likely to be low.

Ambulatory References

2.2.18 The proposed 2024 Regulations will also include Ambulatory Reference (“AR”) provision. AR is a legislative tool developed since the existing Merchant Shipping (Carriage of Cargoes) Regulations 1999 were made which enables amendments to mandatory international standards to be more efficiently transposed into domestic law. The inclusion of AR provisions in the proposed 2024 Regulations provides a further mechanism for Chapter VI of SOLAS to stay current and up to date within UK domestic regulations.

2.2.19 In the maritime safety policy area, the power to make AR provisions is contained in section 306A of the Merchant Shipping Act 1995^{[footnote 7]} and amendments implemented by AR provisions 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.

2.3 Offences and Penalties

2.3.1 As the UK’s maritime regulatory and enforcement authority, the MCA 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 importance of the requirement being breached, the gravity of the contravention, the effect of the contravention on third parties etc.

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 also be noted that the MCA does not currently have powers to use civil sanctions to the same extent as some other UK enforcement bodies. Limited civil sanctions are available (e.g. detention or prohibition notices as outlined above), but 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 the proposed 2024 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. These very compelling objectives necessitate the availability of criminal sanctions in the more serious cases, and also provide a vital deterrent. To this end, criminal offences are included in the proposed 2024 Regulations.

2.3.5 The opportunity has been taken to review the offences in relation to Chapter VI. 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 substantially new offences are necessary.

2.3.6 The vast majority of the offences relate to requirements imposed on the owner and master but there are bespoke offences applying to either the owner or master individually, or to shippers, forwarders or terminal representatives. 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. A small number of offences relate to requirements imposed only on the master. The same defence is available in such cases.

2.3.7 The offences are detailed in the table below:

Provision/Offence	Subject Matter	Penalty on Summary conviction or indictment
Regulation 13(1) of the proposed Regulations	Not to proceed or attempt to proceed to sea or on any voyage, or arrive in United Kingdom waters, without complying with any of the requirements in, or listed in, the Regulations applicable to that ship: the owner and the master are each guilty of an offence for each non-compliance, except in relation to matters falling within the offences in regulation 13(2), (3) or (4).	On summary conviction, a fine not exceeding the statutory maximum/on indictment, a fine and/or imprisonment for up to 2 years. Applies to owner and master.
Regulation 13(2) of the proposed Regulations	Not to accept for carriage, or take or receive on board any cargo, for which cargo information as required by regulation 2 (cargo information) of Chapter VI has not been provided: the owner and the master are each guilty of an offence.	On summary conviction, a fine not exceeding the statutory maximum/ on indictment, a fine and/or imprisonment for up to 2 years. Applies to owner and master.
Regulation 13(3) of the proposed Regulations	To ensure that the master is provided with information described in regulation 6 (acceptability for shipment) of Chapter VI: the owner is guilty of an offence.	On summary conviction, a fine not exceeding the statutory maximum/ on indictment, a fine and/or imprisonment for up to 2 years. Applies to owner only.
Regulation 13(4) of the proposed Regulations	To ensure that the contents of a cargo transport unit are not fumigated, in accordance with paragraph 3.1 of Merchant Shipping Notice xxx (contents of a cargo transport unit must not be fumigated once it has been loaded on board a ship), or to comply with paragraph 3.3 of Merchant Shipping Notice xxx (provision of specified information by master to port authority at destination or port of call that fumigation underway): the master is guilty of an offence for each non-compliance.	On summary conviction, a fine not exceeding the statutory maximum/ on indictment, a fine and/or imprisonment for up to 2 years. Applies to master only.
Regulation 14(1) of the proposed Regulations	To provide cargo information in accordance with paragraphs 1 to 5 of regulation 2 (cargo information), paragraphs 2 and 5 of regulation 5 (stowage and securing) and regulation 5-1 (material safety data sheets) of Chapter VI: the shipper is guilty of an offence for each non-compliance.	On summary conviction, a fine not exceeding the statutory maximum/ on indictment, a fine and/or imprisonment for up to 2 years. Applies to shipper.
Regulation 14(2) of the proposed Regulations	To comply with paragraphs 1 to 5 of regulation 2 (cargo information), paragraphs 2 and 5 of regulation 5 (stowage and securing) of Chapter VI, or regulation 5-1 (material safety data sheets) of Chapter VI: the forwarder is guilty of an offence for each non-compliance.	On summary conviction, a fine not exceeding the statutory maximum/ on indictment, a fine and/or imprisonment for up to 2 years. Applies to forwarder only.
Regulation 14(3) of the proposed Regulations	A shipper or forwarder not to knowingly or recklessly provide false cargo information under regulation 2 of Chapter VI: the shipper or forwarder is guilty of an offence.	On summary conviction, a fine not exceeding the statutory maximum/ on indictment, a fine and/or imprisonment for up to 2 years. Applies to shipper or forwarder.
Regulation 15 of the proposed Regulations	To comply with paragraphs 3, 4 and 5 of regulation 7 of Chapter VI (loading etc. of solid bulk cargoes): the terminal representative is guilty of an offence for each non-compliance.	On summary conviction, a fine not exceeding the statutory maximum/ on indictment, a fine and/or imprisonment for up to 2 years. Applies to terminal representative only.

2.4 Summary of options and recommendations

2.4.1 Option 0 – do nothing – This approach is ultimately unsustainable as existing regulations increasingly cease to provide adequate implementation of current international cargo safety standards, thereby risking reputational damage on the UK and possible port state control non-compliances on UK ships.

2.4.2 Option 1 – non regulatory – Rather than amend the existing SI or develop a new SI, give effect to the required amendments through issuing one or more M Notices (Merchant Shipping Notices (MSNs), Marine Guidance Notes (MGNs) and Marine Information Notes (MINs)). This has already been done on several occasions with the aim of keeping the 1999 Regulations current and fit for purpose. However, MGNs and MINs are both non-mandatory and MSNs, though mandatory, have a limit to what they can legally achieve in that they cannot amend or add regulations to an existing SI.

2.4.3 Option 2 – regulatory – Amend the existing Regulations. Although the intended end result of amending an SI or replacing an SI is essentially the same, the 1999 Regulations have already been augmented over the years by a number of M Notices, meaning any further amendments may cause the Regulations to become unnecessarily complex and confusing for stakeholders.

2.4.4 Option 3 – regulatory - Revoke the 1999 Regulations and replace them with a new set of regulations which fully implement Chapter VI of SOLAS. This would draw together the existing amendments and M Notices, provide full implementation in a clear and usable format and help to ensure that the UK remains up to date and compliant with international obligations.

2.4.5 The preferred option is Option 3.

2.5 Supporting Information

2.5.1 The proposed new Statutory Instrument, the Merchant Shipping (Carriage of Cargoes) Regulations 2024, is set out as Annex A.

2.5.2 Alongside the proposed new Merchant Shipping (Carriage of Cargoes) Regulations 2024, the MCA intends to issue three new M Notices:

A Merchant Shipping Notice (MSN) specifying conditions for the safe use of pesticides in relation to regulation 9 of the proposed 2024 Regulations and regulation 4 of SOLAS Chapter VI. This will achieve the same regulatory effect as the existing MSN 1718 which accompanies the 1999 Regulations. The draft MSN is set out at Annex B.

A Marine Guidance Note (MGN) introducing the new Merchant Shipping (Carriage of Cargoes) Regulations 2024, reiterating the requirements flowing from SOLAS Chapter VI and advising stakeholders on compliance with same. Such guidance is customary for new Merchant Shipping Regulations and the proposed draft text is set out as Annex C.

A Marine Guidance Note (MGN) on the safe use of pesticides in cargo spaces on board ships, including relevant aspects of the IMO Recommendations referenced in SOLAS Chapter VI and consolidated guidance from previous MCA M Notices. The proposed wording is set out at Annex D.

2.5.3 Current Marine Notices are published on Gov.UK.

2.5.4 The IMSBC Code was first adopted by IMO Resolution MSC.268(85) and came into force internationally on 1 January 2011. The content of the IMSBC Code is subject to biennial review and updating through the IMO.

Amendment (01-11) was adopted by IMO Resolution MSC.318(89) and came into force internationally on 1 January 2013.

Amendment (02-13) was adopted by IMO Resolution MSC.354(92) and came into force internationally on 1 January 2015.

Amendment (03-15) was adopted by resolution MSC.393(95) and came into force internationally on 1 January 2017.

Amendment (04-17) was adopted by resolution MSC.426(98) and came into force internationally on 1 January 2019.

Amendment (05-19), a complete revision and consolidation of the IMSBC Code text, was adopted by resolution MSC.462(101) and came into force internationally on 1 January 2021.

Amendment (06-21) was adopted by IMO Resolution MSC.500(105) and will come into force internationally on 1 December 2023.

The new Carriage of Cargo Regulations enable the implementation of the IMSBC Code and subsequent amendments.

2.5.5 SOLAS VI Regulation 5-2, the prohibition on the blending of bulk liquid cargoes at sea, was adopted by IMO Resolution MSC.325(90) and came into force internationally on 1 January 2014.

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.

3.1.2 This consultation is open for six weeks from 8 December 2023.  The deadline for responses is 19 January 2024 (extended to 26 January 2024).

3.2 Submitting your response

3.2.1 The preference is for consultation responses to be emailed to Cargoes@mcga.gov.uk.  Any questions should also be sent to this email address. You can also send in your response by post to the address given in Section 5 below.

3.2.2 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.

3.3 Freedom of Information and Data Protection

3.3.1 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.

3.3.2 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.

3.3.3 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.

3.3.4 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.

3.3.5 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 Sections 85 and 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 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.

3.3.6 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.

3.3.7 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

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

If you do not wish to remain on this list, please let us know at Cargoes@mcga.gov.uk.

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 2023/24.  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, accompanying guidance and impact assessment will be revised to take into consideration the consultation responses.

4.1.4 Our aim is for the Merchant Shipping (Carriage of Cargoes) Regulations 2024 to come into force in early 2024.  The Regulations will be published on www.legislation.gov.uk

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

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.

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1. The Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997 (as amended)](https://www.legislation.gov.uk/uksi/1997/2367/made) ↩

2. The Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations are also being revoked and replaced in a separate intervention, so the full implementation of SOLAS VI in the new Carriage of Cargoes Regulations will not lead to a duplication of implementation of SOLAS VI/5-1. ↩

3. MGN 534 (M+F) Cargo Safety: Verifying gross mass of containers ↩

4. Resolution MSC.269(85) implemented the IMSBC Code ↩

5. MGN 513 - SOLID BULK CARGOES - Guidelines for developing and approving procedures for sampling, testing and controlling the moisture content for solid bulk cargoes which may liquefy - MSC.1/Circ.1454 ↩

6. MGN 512 – SOLID BULK CARGOES - Guidelines for the submission of information and completion of the format for the properties of cargoes not listed in the International Maritime Solid Bulk Cargoes (IMSBC) Code and their conditions of carriage - MSC.1/Circ.1453 ↩

7. Section 306A was inserted into the Merchant Shipping Act 1995 on 26 May 2015. ↩