Consultation outcome

Consultation outcome report on: The merchant shipping (carriage of cargoes) regulations 2024

Updated 15 April 2024

Section 1: Introduction

1.1 The Maritime and Coastguard Agency (MCA), an Executive Agency of the Department for Transport (DfT), carried out a public consultation on the draft Merchant Shipping (Carriage of Cargoes) Regulations 2024 and the associated guidance, which ran from 8 December 2023 to 26 January 2024. The consultation was published on GOV.UK, and notifications of the consultation were sent to marine industry stakeholders, government Departments and maritime bodies with professional and specialist functions.

1.2 The proposed Regulations would revoke and replace the Merchant Shipping (Carriage of Cargoes) Regulations 1999 (SI 1999/336) to implement the most up to date requirements of the International Convention for the Safety of Life at Sea, 1974 (SOLAS) affecting the carriage of cargoes, contained in Chapter VI (Carriage of Cargoes and Oil Fuels). The updates to Chapter VI of SOLAS agreed in the International Maritime Organization (IMO), and which the proposed Regulations seek to implement, include amendments contained in seven Resolutions that have been agreed in the IMO since 1999 to further improve the safety of the carriage of cargoes by sea, but these have not yet been implemented into UK law. The UK supported these amendments during IMO discussions and, as a party to SOLAS, the UK has an obligation to implement these further updates.

1.3 The proposed Regulations include an ambulatory reference provision; this is a reference in domestic legislation to an international instrument (or part of it) which is interpreted as a reference to the international instrument as modified from time to time (and not simply the version of the instrument that exists at the time the domestic legislation is made). This means that future amendments agreed in the IMO to provisions in SOLAS Chapter VI that are referenced in the Regulations can be implemented in the UK when they enter into force internationally with a much-reduced requirement for legal and policy resource than would currently be the case. From a practical perspective, this means that ship owners, shippers and other interested parties can refer directly to the text of SOLAS Chapter VI in order to determine both the domestic and international requirements. Where the Convention text may benefit from clarification - for instance, where it states that something is done ‘to the satisfaction of the Administration’ - guidance will be published to provide any additional clarity required.

1.4 The Regulations apply to the carriage of cargoes by seagoing United Kingdom ships wherever they may be and by seagoing non-UK ships whilst in UK waters. The Regulations mirror the provisions of SOLAS Chapter VI and do not include aspects covered by other SOLAS chapters. As the requirements for the carriage of bulk liquid and gas cargoes are covered generally by SOLAS Chapter VII, the Regulations do not apply to the carriage of bulk liquid and gas cargoes save for the specific provisions in SOLAS Chapter VI on material safety data sheets and blending of bulk liquid cargoes. Since SOLAS Chapter VII covers the special provisions for dangerous goods thereby limiting the application of Chapter VI to aspects not covered in Chapter VII, application of the Regulations to dangerous goods is similarly limited to aspects not covered in the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997 (or upon their revocation, in the Merchant Shipping (Carriage of Dangerous Goods and Harmful Substances) Regulations 2024 when that instrument comes into force). Since the SOLAS Convention concerns the safety of merchant ships, the Regulations also reflect the general application provisions of SOLAS and so do not apply to certain ship types such as warships, pleasure vessels and fishing vessels.

1.5 The approach to the UK’s implementation of SOLAS Chapter VI was generally well received with no responses requesting wholesale changes to the proposed Regulations or accompanying guidance. There was support for the use of ambulatory reference and alignment with SOLAS Chapter VI requirements, including the IMSBC Code. Most of the feedback received during consultation was focused on clarifying the intended application of the new regulations.

1.6 This Report gives a high-level outline of the comments received from respondents. It does not seek to cover every individual comment received, but all comments received have been taken into consideration.

1.7 The MCA received nine responses, from a variety of stakeholders: trade associations, government agencies, cargo specialists, marine surveyors, and ship operating companies for cargo ships and ferries. The MCA would like to take this opportunity to thank all who responded to this consultation.

Section 2: Key Findings

2.1 This consultation was carried out between 8 December 2023 and 26 January 2024. It can be found on the gov.uk website here.

2.2 Whilst the consultation was promulgated on GOV.UK for anyone who wished to read it and/or respond to it, and triggered notifications for anyone who is subscribed to receive such government notifications, a sample of interested individuals and organisations were also contacted individually by email. These recipients comprised a mixture of representative organisations, individual operators, cargo shippers, government departments including devolved administrations, classification societies and other interested parties. All persons and organisations who had specifically requested notification were included.

2.3 One respondent highlighted a lack of clarity in the proposed Regulations and associated guidance, when compared to the existing Regulations, in terms of application to non-seagoing vessels. Both the Statutory Instrument (SI) and the accompanying guidance were reviewed by legal and policy leads and, consequently, both have been amended to ensure clarity on this matter and that non-seagoing vessels are not impacted by the proposed Regulations. Further details and explanation can be found in section 3 below.

2.4 Overall, the responses to the consultation demonstrated support for the proposed Regulations, which are part of an important and longstanding, international, merchant shipping regulatory framework. Next steps are outlined below in section 4.

Section 3: Summary of Responses

Below provides a summary of the responses received to each of the questions posed by the Consultation document, including government actions and comments as a result of the feedback.

Question 1

Are you in favour of the proposed Merchant Shipping (Carriage of Cargoes) Regulations 2024 and accompanying guidance? Yes / No. Please provide a brief explanation why/why not.

Summary of Consultee Views

All but one respondent confirmed they agree with the proposal.

One respondent was not in favour because, when compared to the application of the existing carriage of cargoes regulations, the proposed new SI seemed to apply SOLAS VI provisions to non-seagoing vessels.

Government comments

There has been no change in policy in terms of the intended scope of the application of SOLAS VI provisions in the UK and no gap has been identified between the existing Regulations and the UK’s obligations under the SOLAS Convention. Therefore, the SI and associated guidance have been amended in order to make clear that the proposed Carriage of Cargoes Regulations 2024 apply to “seagoing” ships in relation to which “seagoing” is defined as meaning “going to sea beyond the limits of category A, B, C or D waters, as categorised in Merchant Shipping Notice 1837 (M) Amendment 2”. This definition has been incorporated into other recent UK merchant shipping regulations implementing SOLAS provisions, such as SI 2022/1219. As such, the changes made will provide both clarity and continuity for stakeholders.

Question 2

Do you consider that the MCA’s guidance adds clarity to the requirements for the safe carriage of cargoes under SOLAS Chapter VI? Yes / No. Please provide a brief explanation why/why not.

Summary of Consultee Views

All but one respondent responded in the affirmative to this question.

One respondent suggested that clarification is made on the position for vessels which do not go to sea (i.e. only operate within UK categorised waters) given that the existing Regulations are clear on the scope of application in this respect, and it was felt that the proposed Carriage of Cargoes Regulations 2024 were less clear.

Government comments

As per the government’s comments for question 1 (see above), clarification of the position relating to vessels which do not go to sea has been added to the guidance.

Question 3

When considering the effect of the changes resulting from the proposed 2024 Regulations compared to the existing regulations, the current assessment is that the expected impacts and anticipated costs associated with these changes will be low. Do you consider this to be accurate? Yes / No. If not, how would you expect the impacts and costs (or benefits) to vary?  Please provide a brief explanation why/why not.  

Summary of Consultee Views

The majority of respondents agreed that the expected impacts and costs would be low. Several respondents expressed the view that since the requirements came from existing International Maritime Organization (IMO) mandatory instruments, those trading internationally should already be complying with them.

Given the apparent lack of clarity in terms of the application to non-sea-going vessels when compared to the existing regulations, one respondent answered “no” to the question on the basis that the costs for ship operators whose vessels do not go to sea might be significant, depending on what changes were required to meet the standards of vessel which do go to sea (such as additional equipment and additional documentation and approvals).

One respondent did not answer the question.

Government comments

The government appreciates the responses to this question which seem to confirm the assessment of impacts as low. As per the government’s comments for question 1 on application (see above), vessels which do not go to sea should not be impacted and amendments have been made to the SI and accompanying guidance in order to clarify this.  

Question 4

Do you believe there are any other significant costs imposed on business from the proposed Merchant Shipping (Carriage of Cargoes) Regulations 2024?  Please provide any insight / evidence and outline any other costs you believe will be incurred.

Summary of Consultee Views

The respondents did not identify any other significant costs. Several believed that no new or significant costs would be incurred for requirements that were already followed internationally.

One respondent answered that if the intent of the proposed regulations was now to apply to non-seagoing ships, then the associated costs would vary from ship to ship depending on the findings of a gap analysis.

Two respondents did not answer the question.

Government comments

The government appreciates the responses to this question which seem to confirm that no significant costs have been overlooked when assessing impact. As per the government’s comments for question 1 (see above), it is not the MCA’s intention to alter the application of the 2024 Regulations in relation to vessels which do not go to sea and clarifications have been made to the SI and the accompanying guidance accordingly.

Question 5

Are you / do you know of a small and/or micro business(es) who will be disproportionally affected by any of the measures outlined? (If so, please provide relevant detail and evidence)

Summary of Consultee Views

The majority of respondents did not identify any disproportionally affected small or micro businesses.

One respondent believed that domestic vessels would be disproportionately affected by any changes in application provisions.

Two respondents did not answer this question.

Government comments

Bearing in mind the comments for question 1 clarifying the intended application, the government considers that the responses have not highlighted any issues where small or micro businesses are prejudiced.

Question 6

Do you foresee any gaps or unintended consequences of the proposed Merchant Shipping (Carriage of Cargoes) Regulations 2024 and accompanying guidance that have not been mentioned in this document? (If so, please provide any relevant insight and/or evidence) 

Summary of Consultee Views

The majority of respondents did not foresee any gaps or unintended consequences.

One respondent raised a concern that domestic operators of existing non-seagoing ships (i.e. those who only operated within harbour limits and UK categorised waters) might be disproportionately impacted by extending the application of SOLAS Chapter VI to them, and pointed out that this would be different from the domestic application of other parts of SOLAS such as Chapter V (safety of navigation) to such vessels.

One respondent raised a concern that the proposed regulations, in particular the offences and penalties, would lead to the criminalisation of masters over other parties such as shippers.

Government comments

The government thanks consultees for their responses and believes that the government’s comments for question 1 have addressed the concern over application to existing non-seagoing vessels. With regard to the potential criminalisation of masters from these regulations, the proposed new offences broadly replicate the existing offences in the current regulations (even if the format of the SI looks different). As part of the regulatory process, the MCA has already liaised with the Ministry of Justice to assess the proposed regulations. Furthermore, where appropriate, civil sanctions are available to the MCA such as vessel detention and prohibition notices in the first instance, with criminal prosecutions available when appropriate and for the most serious incidents. Prosecutions under the existing Regulations have been rare.

Question 7

Please provide any other comments that you have on the proposed 2024 Regulations.

Summary of Consultee Views

a) One respondent noted that there was no mention of IMO Assembly Resolution A.673(16) or the OSV Chemical Code and queried whether these should be covered?

b) One respondent commented on the use of abbreviations such as “Chapter VI” throughout the proposed regulatory package and queried whether it would be better to use “SOLAS Chapter VI” or even “Chapter VI of the International Convention for the Safety of Life at Sea, 1974” in the MCA’s guidance?

c) One respondent commented on the draft MGN for the safe use of pesticides and suggested greater clarity over which types of respiratory protection were clearly not adequate. The same respondent also suggested that disturbance of cargo during discharge could potentially expose pockets of fumigants.

d) Three respondents broadly welcomed the proposals, with one in particular supporting the inclusion of an ambulatory reference mechanism in the proposed Regulations.

Government comments

a) The Guidelines for the Transport and Handling of Limited Amounts of Hazardous and Noxious Liquid Substances in Bulk on Offshore Support Vessels (“LHNS Guidelines”), were first adopted by the IMO under Resolution A.673(16) in 1989 and were last amended in 2006. The Code for the Transport and Handling of Hazardous and Noxious Liquid Substances in Bulk on Offshore Support Vessels (“OSV Chemical Code”) was adopted by the IMO under Resolution A.1122(30) in 2012. IMO Resolution A.1122(30) superseded, but did not revoke, Resolution A.673(16).

These IMO instruments were developed to offer alternative compliance to mandatory SOLAS VII requirements for offshore supply vessels required to carry in bulk either some of the bulk liquids listed in Chapter 17 of the IBC code, or some of the liquefied gases listed in Chapter 19 of the IGC code.

As such, these resolutions are covered in guidance that the MCA has prepared as part of the regulatory package for the updated dangerous goods regulations (which implement requirements from SOLAS VII and MARPOL III relating to the carriage of dangerous goods and marine pollutants).

b) The use of abbreviations such as “Chapter VI” when making regulations to implement SOLAS requirements comes down to best drafting practice when seeking to strike a balance between brevity and clarity. This approach is reflected across the maritime legislative regime and has gained acceptance from both industry and the Parliamentary committees which scrutinise legislation.

c) The government appreciates these expert comments and intends to make some minor editorial improvements to the MGN before publication. As usual, the government will also keep any published guidance under review and look to revise and update same as necessary in future with the input of stakeholders.

d) The government appreciates the positive comments on the proposals.

Section 4: MCA Response and Next Steps

The government will finalise the proposed Regulations and guidance with a view to publishing in Spring 2024. They will then be laid in draft, and once approved by both Houses, they will be made and will come into force.

Section 5: Who Responded

Respondents during the consultation included large businesses (shipping companies), trade associations (cargo interests), specialists (surveyors and consultants) and a government agency (Flag State).