Consultation outcome

ANNEX B - DRAFT MGN - DG and Harmful Substances 2024

Updated 10 April 2024

Summary

This Marine Guidance Note (MGN) provides guidance to clarify the application and effect of the Merchant Shipping (Carriage of Dangerous Goods and Harmful Substances) Regulations 2024 which have replaced the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997. These new Regulations give effect in the United Kingdom (UK) to Chapter VII of the Annex to the Safety of Life at Sea Convention, 1974 (“SOLAS”) and Protocol I and Annex III of the International Convention for the Prevention of Pollution from Ships, 1973 (“MARPOL”).

SOLAS Chapter VII (Carriage of dangerous goods) and MARPOL Annex III (Prevention of pollution by harmful substances carried by sea in packaged form) make safety and pollution prevention provision for the carriage of dangerous goods and harmful substances by sea. This includes several mandatory codes which set out the requirements for the transport of dangerous goods in different forms. These are the International Maritime Dangerous Goods Code (IMDG Code), the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Waste on Board Ships (“INF Code”), the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (“IGC Code”)  and aspects of the International Maritime Solid Bulk Cargoes Code (IMSBC Code)and the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (“IBC Code”).   

1.Introduction

1.1 A considerable variety of dangerous goods are carried by sea, both in bulk and in packaged form. For example, the IMDG Code lists over 3000 different dangerous goods substances plus others which are covered by generic entries in the Code (for example, UN 3077 Environmentally Hazardous Substance, Solid, not otherwise specified). Regulating the carriage of dangerous goods by sea is, and always has been, a key part of maritime safety regulations.

1.2 The Merchant Shipping (Carriage of Dangerous Goods and Harmful Substances) Regulations 2024 (“the 2024 Regulations”) revoked and replaced the previous Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997. The 2024 Regulations implement Chapter VII of the Annex to SOLAS and the requirements of Protocol I of and Annex III to MARPOL which set out mandatory provisions for the carriage of dangerous goods by sea and related requirements in this regulatory framework.

1.3 The 2024 Regulations refer, in relation to the MARPOL Annex III requirements, to ‘harmful substances’ rather than ‘marine pollutants’, the term used in the 1997 Regulations. This change in terminology does not alter the scope of the requirements but it better reflects the terminology of the MARPOL Convention. MARPOL Annex III makes provisions for the prevention of pollution by harmful substances carried by sea in packaged form and defines ‘harmful substance’ as being anything identified as a marine pollutant in the IMDG Code, or which meets the criteria in the appendix to Annex III. In turn, the IMDG Code at Chapter 2.10 identifies a marine pollutant as being any substance which is subject to the provisions of Annex III of MARPOL.  This being the case, both terms essentially encompass the same substances.

1.4 For bulk liquid cargoes, listed products in the IBC Code, Chapter 17 have sufficient safety and/or pollution hazards for inclusion in the Code. This is indicated by the letters “S”, “P” or “S/P” in the Hazard column of the product list. SOLAS Chapter VII requires vessels transporting any liquid product listed in the IBC Code, Chapter 17 in bulk to comply with the IBC Code, including construction and operational requirements.

1.5 For solid bulk cargoes, Appendix 1 to the IMSBC Code contains cargo schedules listed by Bulk Cargo Shipping Name (BCSN). The IMSBC Code categorises any dangerous goods in accordance the IMDG Code, Chapter 2 and the UN number forms part of the BCSN as prescribed under section 4.1.1 of the IMSBC Code. Part A-1 of SOLAS Chapter VII requires the carriage of ‘dangerous goods in solid form in bulk’ to comply with the relevant provisions of the IMSBC Code.

1.6 The 2024 Regulations largely retain the regulatory requirements for dangerous goods and harmful substances which have been in force in the UK for more than thirty years. However, there are some differences between the previous 1997 dangerous goods Regulations and the 2024 Regulations. These differences are:

• The format of the 2024 Regulations is more succinct than that previously used. Rather than duplicating the requirements of the Conventions and mandatory codes, the 2024 Regulations point directly to the relevant requirements of SOLAS Chapter VII, MARPOL Annex III, and the associated mandatory codes.
• The 2024 Regulations include ambulatory reference (AR) provisions which are intended to ensure that amendments to international safety and pollution prevention standards can be efficiently implemented in the UK and prevent any legislative gap developing between UK regulations and accepted international standards. This means there will no longer be a need to update the regulations with a Merchant Shipping Notice (MSN) each time a new edition of the IMDG Code or IMSBC Code comes into force.
• The 2024 Regulations consolidate several dangerous goods related regulations into one single Statutory Instrument which, as far as is possible, makes provision for the carriage of dangerous goods by sea and related requirements in one single Statutory Instrument.
• The 2024 Regulations implement the 2016 edition of the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (“IGC Code”) which has not previously been fully implemented in the UK. The IGC Code provides an international standard for the safe carriage by sea of liquefied gases in bulk. It prescribes the design and construction standards of ships involved in such carriage and the equipment they should carry to minimise the risk to the ship, its crew, and the environment.

1.7 The 2024 Regulations have revoked and replaced the following Statutory Instruments (SIs ):

• The Merchant Shipping (Gas Carriers) Regulations 1994 (SI No.1994/2464);
• The Merchant Shipping (Reporting Requirements for Ships Carrying Dangerous or Polluting Goods) Regulations 1995 (SI No.1995/2498);
• The Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997 (SI No.1997/2367);
• The Merchant Shipping (Reporting Requirements for Ships Carrying Dangerous or Polluting Goods) (Amendment) Regulations 1999 (SI No1999/2121);
• The Merchant Shipping (Carriage of Packaged Irradiated Nuclear Fuel etc.) (INF Code) Regulations 2000 (SI No.2000/3219);
• The Merchant Shipping (Gas Carriers) (Amendment) Regulations 2004 (SI No.2004/929); and
• The Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) (Amendment) Regulations 2011 (SI No.2011/2616).

1.8 The 2024 Regulations partially revoke, by replacing only specified provision in, the following SI:

• The Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004 (SI 2004/2110) (specifically Regulations 12 and 22 and Schedules 1 to 3).

2.The Merchant Shipping (Carriage of Dangerous Goods and Harmful Substances) Regulations 2024

2.1 The Merchant Shipping (Carriage of Dangerous Goods and Harmful Substances) Regulations 2024 (“2024 Regulations”) entered into force on XXXX 2024, replacing the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997.

2.2 The 2024 Regulations implement the requirements for the carriage of dangerous goods and harmful substances in packaged form, giving effect to the International Maritime Dangerous Goods Code (IMDG Code). The IMDG Code sets out in detail the requirements applicable to each individual substance, material, or article, providing instruction on packing, stowage, and the segregation of incompatible substances.

2.3 The 2024 Regulations implement the requirements for the carriage of dangerous goods in solid form in bulk, giving effect to the International Maritime Solid Bulk Cargoes Code (IMSBC Code). The IMSBC Code enables safe stowage and shipment by providing information on the dangers associated with certain types of solid bulk cargoes, instructions on the procedures and practices to be followed and the appropriate precautions to be taken in the loading, trimming, carriage, and discharge of solid bulk cargoes when transported by sea.

2.4 The 2024 Regulations implement the requirements for the construction and equipment of ships carrying dangerous liquid chemicals in bulk, giving effect to the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (“IBC Code”). The IBC Code provides an international standard for the safe transportation by sea of dangerous chemicals and noxious liquid substances in bulk listed in the Code.  The Code specifies the design and construction standards of ships and the equipment to be carried.

2.5 The 2024 Regulations implement the requirements for the construction and equipment of ships carrying liquefied gases in bulk, giving effect to the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (“IGC Code”). The IGC Code applies to the carriage by sea in ships of any size liquefied gases having a vapour pressure exceeding 2.8 bar absolute at a temperature of 37.8°C, and certain other substances listed in the Code. Design and construction standards are listed in this Code along with equipment requirements.

2.6 The 2024 Regulations implement the requirements for the carriage of specific radioactive materials, giving effect to the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Waste on Board Ships (“INF Code”).  The INF Code provides recommendations for the design of ships transporting radioactive material and issues including stability after damage, fire protection, and structural resistance.  

Application

2.7 The 2024 Regulations apply to the carriage of dangerous goods and harmful substances by non-UK ships whilst in UK waters and by UK ships wherever they may be. The 2024 Regulations mirror the provisions of SOLAS Chapter VII and do not include aspects covered by other SOLAS chapters. Since the SOLAS Convention concerns the safety of merchant ships, the 2024 Regulations also reflect the application provisions of SOLAS when there are certain ship types to which the 2024 Regulations do not apply. These ship types are ships of war or naval auxiliaries, pleasure vessels, wooden ships of primitive build, ships not propelled by mechanical means and fishing vessels.

2.8 The Merchant Shipping (Carriage of Cargoes) Regulations 2024 and the Merchant Shipping (Carriage of Dangerous Goods and Harmful Substances) Regulations 2024, taken together, regulate the minimum information and documentation required to transport dangerous goods and harmful substances by sea. Dependent on the type of cargo transported, the relevant international Code must be followed to minimise the risk to the ship, its crew, and the environment. This could include construction of the ship, equipment to be carried onboard, packing instructions and particular materials to be used for the packaging, or how to classify the product to be shipped.

2.9 It is the responsibility of every operator, every employer of persons on board a ship and every master of a ship to ensure that when dangerous goods or harmful substances are being handled, stowed, or carried on the ship, there are no incidents or operations which might create a significant risk to the health and safety of any person or damage to the environment. Knowledge of and compliance with the relevant international Code for transporting these types of cargoes by sea are intended to ensure risks are identified and minimised.

2.10 It is the responsibility of every employee on board ship to take reasonable care for the health and safety of themselves, and of other persons who may be affected by their acts or disregard with the handling, stowage, and carriage of dangerous goods in the ship. Anyone who is involved in the transportation of dangerous goods and harmful substances should receive training ensuring they only complete activities for which they are suitably experienced and qualified.

2.11 For a vessel to be able to transport packaged dangerous goods or solid bulk cargoes which are dangerous goods they must hold a valid certificate showing that the ship complies with the relevant requirements of SOLAS Chapter II-2, regulation 19. This is a different chapter of SOLAS covering vessel construction requirements, specifically for the purposes of fire protection, fire detection and fire extinction, which for vessels carrying dangerous goods may vary depending on the class or type of cargo to be transported. This certificate, known as a dangerous goods document of compliance, applies to UK ships wherever they may be. To enquire about obtaining this certificate or renewal of an existing certificate please contact your local Marine office^{[footnote 1]}.

2.12 SOLAS Chapter VI, regulation 5 requires that all cargoes, cargo units and cargo transport units are loaded, stowed and secured throughout the voyage in accordance with the Cargo Securing Manual drawn up for the ship. They must be secured to prevent damage or hazard to the ship, to the persons on board, and to prevent loss of cargo overboard. For further information please view MGN XXX The Merchant Shipping (Carriage of Cargoes) Regulations 2023.

3.Exemptions, Equivalents and Approvals

Exemptions

3.1 The 2024 Regulations permit the Secretary of State to grant an exemption from any provision of the 2024 Regulations in respect of a ship which does not normally engage on international voyages but is, in exceptional circumstances, required to undertake a single international voyage.

3.2 The 2024 Regulations permit the Secretary of State to grant an exemption to chemical tankers or gas carriers which undergo repairs etc. of a major character from the requirement to comply with requirements for such ships built on or after 1 July 1986 if this is considered impracticable or unreasonable.

3.3 The 2024 Regulations permit the Secretary of State in exceptional circumstances to grant an exemption from any provision of these 2024 Regulations in respect of a ship or class of ship if satisfied compliance with such provision is either impracticable or unreasonable in the case of that ship or class of ship.

3.4 An exemption would only be granted where compliance with the 2024 Regulations is unreasonable, whether on grounds of practicability or for other reasons, subject to such safety requirements as the MCA considers necessary to ensure the overall safety of the vessel. For equivalents, any fitting, material, appliance, apparatus, arrangement or other provision is required to be at least as effective as that required by SOLAS, where necessary, conditions and limitations will need to be laid down when granting an exemption, giving full details on the appropriate certificate.

Chapter VI.

3.5 An application for an exemption under the 2024 Regulations should be submitted using the MSF 1261 form available on GOV.UK  - Apply for survey and inspection of ships and fishing vessels - GOV.UK (www.gov.uk) in good time to the relevant marine office^{[footnote 2]} or the MCA Customer Service Manager. Applicants should provide their details, the statutory provisions from which the exemption is requested, the reasons why compliance with the regulations is unreasonable, the measures proposed which would provide an equivalent level of safety to the statutory requirement; and any relevant documents or information to support the application.

Examples of the information required to support the MSF1261 application;

Length of route in distance/time, proximity to emergency services, onboard firefighting capability (SCBAs, Hoses, Drenchers etc), where the Dangerous goods are carried (stowage and segregation), the cargo name or UN number, details of structural fire protection if fitted or required.

Equivalents

3.6 Where the provisions of SOLAS Chapter VII require that a particular fitting, material, appliance or apparatus, item of equipment of type thereof be fitted on, or carried in, a ship; any particular arrangement be made on, or in relation to, a ship; or any particular provision be made in relation to a ship, the Secretary of State may approve any other fitting, material, appliance, apparatus, arrangement or other provision if satisfied that  it is at least as effective as that required by SOLAS Chapter VII. Provision for such equivalents is set out in the 2024 Regulations.

3.7 An application for an equivalence under the 2024 Regulations should be submitted in good time using the MSF 1261 form available on GOV.UK  - Apply for survey and inspection of ships and fishing vessels - GOV.UK (www.gov.uk) to the relevant marine office^{[footnote 3]} or the MCA Customer Service Manager.

Examples of the information required to support the MSF1261 application;

The applicant’s details, ship identification and relevant data (type, size etc.), the statutory provisions from which the equivalence is requested, the reasons why compliance with the regulations is unreasonable, the measures proposed which would provide an equivalent level of safety to the statutory requirement; and any relevant documents or information to support the application.

Approvals

3.8 The 2024 Regulations permit the Secretary of State to grant an approval in relation to a UK ship for anything in SOLAS Chapter VII requiring approval by the administration or something to be done to the satisfaction of the administration. The 2024 Regulations allow approvals in respect of matters required by the mandatory codes given effect in the regulations, relating to the carriage of dangerous goods and harmful substances, when necessary.^{[footnote 4]}

3.9 Where the IMDG Code requires a particular provision for the transport of dangerous goods, the competent authority can authorise another provision or an alternative to a requirement, provided any such alternative is as effective and safe as that required by the IMDG Code as far as is reasonably practical. Approvals for consignors will be considered on a case-by-case basis by the MCA as per Chapter 7.9, (exemptions, approvals, and certificates) of the Code. The MCA is the competent authority for the UK, the contact details for each International Maritime Organization (IMO) state can be found in the IMDG Code at section 7.9.3. (Contact information for the main designated national competent authorities).

3.10 The shipper of any dangerous goods requiring a Competent Authority Approval (CAA) must apply to the competent authority of the state from which the product will be consigned and commence the journey. If the cargo will need to be shipped from more than one state an application for a CAA will need to be submitted to each state.

3.11 In the IMDG Code, a CAA may be requested for a particular UN number, as part of the packing information or instructions provided, on how to transport an individual product. There are certain UN numbers or classes in the IMDG Code which require a CAA, an example of this is UN 3291, CLINICAL WASTE, UNSPECIFIED, N.O.S. or (BIO) MEDICAL WASTE, N.O.S. or REGULATED MEDICAL WASTE, N.O.S.

3.12 There may also be products which require the consignor to obtain authorisation by the competent authority, examples of this are for alternative packaging, test certificates or reports, inspection requirements or where listed in the special provision instructions. An example of this is UN 1386, SEED CAKE, containing vegetable oil (a) mechanically expelled seeds, containing more than 10% oil or more than 20% oil and moisture combined.

3.13 An application for a CAA should be submitted at least one month in advance of the date on which transportation is due to commence, and should include information such as shippers’ details, evidence of suitable dangerous goods training, the proposed route, UN number and quantity of consignment, and any relevant documents or information to support the application. The completed application should be submitted to dangerous.goods@mcga.gov.uk

3.14 Section 7 of the Guidelines for the Provisional Assessment of Liquid Substances Transported in Bulk^{[footnote 5]} provides guidance when mixtures may have polluting hazards only but have not been assessed by the IMO and added to chapter 17 18 or 19 lists of the IBC Code. To transport these mixtures an approval must be sought by the producing or shipping state. This application must include data about the mixture and be submitted to cargoes@mcga.gov.uk

3.15 The IMSBC Code sets out instructions on how to transport solid bulk cargoes and in some cases requires documentation issued by the Competent Authority of the port of loading. An example would be when a tripartite agreement is required to transport products which have not yet been listed in the Code and an assessment is required to determine the product characteristics and appropriate carriage requirements. To enquire about such documentation, details must be sent to cargoes@mcga.gov.uk

3.16 The IGC Code sets out requirements for the carriage of liquefied gases in bulk. Where the Code requires the administration (the flag state) to issue cargo specific certification or approvals, for UK ships details should be sent to cargoes@mcga.gov.uk

3.17 SOLAS Chapter VII requires that each state issues detailed instructions providing emergency response and first aid information relevant to incidents involving dangerous goods in packaged form. In the first instance, the supplement of the IMDG Code provides emergency response procedures and a medical first aid guide for all products included in the IMDG Code. The MCA has issued MGN 497 which supplements this information.

4.The International Maritime Dangerous Goods (IMDG) Code

Introduction

4.1 The International Maritime Organization (“IMO”) is responsible for maintaining and updating the IMDG Code which regulates maritime shipments of packaged dangerous goods and marine pollutants. The IMDG Code is based on the UN Recommendations on the Transport of Dangerous Goods (“UN Model Regulations”) which also cover transportation of dangerous goods and harmful substances by road, rail, inland waterways and air. This ensures journeys of multi modes of transport are aligned as they provide a consistent framework with harmonised classification criteria and conditions of transport.

4.2 The IMDG Code provides the instruction to transport dangerous goods and marine pollutants from one location to another, as safely as reasonably practicable and in compliance with international requirements. The IMDG Code includes additional requirements applicable to the maritime transport of dangerous goods and marine pollutants including requirements for marine pollutants, freight container loading procedures, stowage and segregation, and other conditions applicable to safety and the protection of the marine environment that are not covered by the UN Model Regulations. The IMDG code incorporates SOLAS Chapter VII and MARPOL Annex III.  In the UK, the 2024 Regulations implement the IMDG Code.

4.3 Dangerous goods transported by sea are subject to the provisions of the IMDG Code unless they meet the IMO definition of ships’ store as follows:

(MSC.1/Circ.1216) Ships stores means materials which are on board a ship for the upkeep, maintenance, safety, operation, or navigation of the ship (except for fuel and compressed air used for the ship’s primary propulsion machinery or fixed auxiliary equipment) or for the safety or comfort of the ship’s passengers or crew. Materials intended for use in commercial operations by a ship are not considered as ships’ stores (e.g., materials used for diving, surveying, and salvage operations such as IMDG Code classified dangerous goods (e.g., Class 1 – Explosives and the other eight classes of dangerous goods).^{[footnote 6]}

4.4 The provisions of the 2024 Regulations and therefore the IMDG Code apply to all UK ships wherever they may be and non-UK ships while they are within UK waters when carrying substances, materials or articles identified in the IMDG Code whether they are classified as dangerous goods, marine pollutants or both.

Using the IMDG Code

4.5 The IMDG Code is presented in two volumes, Volume 1 and Volume 2. Both volumes must be used to obtain the required information and instructions when dangerous goods are shipped by sea. Additional guidance can be found in the Supplement to the IMDG Code.

Volume 1 contains most of the detailed instructions for safely preparing and transporting dangerous goods by sea:

• Part 1: General Provisions, Definitions, Training, Security and Radioactive Material Transport

• Part 2: Classification

• Part 4: Packing and Tank Provisions

• Part 5: Consignment Procedures

•Part 6: Construction and Testing of Packaging, Intermediate Bulk Containers, Large Packaging, Portable Tanks, Multiple Element Gas Containers and Road Tank Vehicles

• Part 7: Provisions Concerning Transport Operations

Volume 2 contains:

• Part 3: Dangerous Goods List, Special Provisions and Exceptions (Limited and Excepted Quantities)

• Appendix A: List of Generic and N.O.S. Proper Shipping Names

• Appendix B: Glossary of terms

• Alphabetical Index: An alphabetical index of Proper Shipping Names, synonyms, and other names

The IMDG Code Supplement contains the following sections related to the Code.

• Emergency Response Procedures for Ships Carrying Dangerous Goods.

• Medical First Aid Guide.

• Reporting Procedures.

• Safe Use of Pesticides in Ships, in CTUs and cargo holds.

• International Code for the Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-level Radioactive Wastes on board ships.

• An appendix of relevant IMO Resolutions and Circulars

4.6 The IMDG Code is reviewed and updated biennially through the International Maritime Organization (“IMO”). Amendments are adopted by means of Maritime Safety Committee (“MSC”) Resolutions which set out both the textual changes and associated dates. In the case of IMDG Code amendments, the MSC Resolutions customarily state that they may be applied by Governments on a voluntary basis from 12 months before the entry into force date. Accordingly, the MCA supports the voluntary early uptake of amendments to the IMDG Code by industry, especially when considering the wider practicalities of training and familiarisation with the latest published editions of the Code.  Each new edition of the IMDG Code is valid for up to three years and, under the 1997 Regulations, these have been given effect in the UK by a Merchant Shipping Notice (“MSN”)^{[footnote 7]}.

4.7 One significant change in the 2024 Regulations is the introduction of ambulatory reference (AR). AR is a regulatory tool that is used to keep regulations up to date. Where reference is made in domestic legislation to an international instrument, AR provisions allow this reference to that international instrument to be read as the most up to date version of that instrument.  This does not affect the implementation of the IMDG Code or its use in the UK but ensures that updates to the Code are given effect without the need for further legislative amendments.

4.8 The 2024 Regulations set out the responsibilities of all those persons in the packaged goods transport chain from beginning to end. As such, the 2024 Regulations include the following definitions.

“Shipper” means a person who, whether as principal or agent for another, consigns for carriage by sea dangerous goods or harmful substances. The responsibility of the “shipper” may sometimes be shared.

 “Forwarder” means the person by whom the dangerous goods declaration or marine pollutants declaration and packing certificate are received, and any person responsible for packing the goods into a cargo transport unit, for eventual delivery to the ship or its agent.

Training

4.9 Properly planned and maintained training programmes are an essential means of safely transporting dangerous goods and marine pollutants by sea.  All personnel must be able to demonstrate their compliance with the relevant parts of the IMDG Code, appreciate the risks involved and be trained according to their role and responsibilities. The training requirements for shore side personnel are mandatory so companies must determine which personnel need to be trained, the level of training required and appropriate methods for conducting the training.

4.10 Further guidance on training requirements is given in the IMDG Code, Chapter 1.3 (training of shore side personnel). As a minimum each person employed in a position involving dangerous goods transport must receive awareness training to include: 

• a description of the classes of dangerous goods; labelling, marking, placarding, packing, stowage, segregation, and compatibility provisions. General dangers presented by the various classes of dangerous goods and how to prevent exposure to those hazards.

• a description of the purpose and content of the dangerous goods transport documents (such as the Multimodal Dangerous Goods Form and the Container/Vehicle Packing Certificate).

• safety training methods and procedures for accident avoidance, such as proper use of package-handling equipment and appropriate methods of stowage of dangerous goods; available emergency response information and how to use it; the use of personal protective clothing and equipment.

• immediate procedures to be followed in the event of an unintentional release of dangerous goods, including any emergency response procedures for which the person is responsible and personal protection procedures to be followed.

4.11 In addition to the awareness training, there should be function specific training dependant on a person’s role and the functions they may be responsible for. This may cover all stages of the transportation of dangerous goods and marine pollutants, including:

classification of the item; packaging the item, marking, labelling, and placarding the item; loading and unloading of cargo transport units; preparing documentation; offering, handling, and accepting for transport; stowage plans; loading and unloading from ships and knowledge of the IMDG Code including any port regulations or national regulations. This may also include training covering several related codes and publications including United Nations Recommendations on the Transport of Dangerous Goods – Manual of Tests and Criteria; International Convention for Safe Containers (CSC), 1972 and Revised recommendations on the safe use of pesticides in ships applicable to the fumigation of cargo transport units (MSC.1/Circ.1361).

4.12 For the training of officers and ratings responsible for cargo handling on ships carrying dangerous and hazardous substances in solid form in bulk, or in packaged form, see the International Convention and Code on Standards of Training, Certification and Watchkeeping for Seafarers (STCW Code). Operators will need to incorporate all operations including dangerous goods cargo loading, storage and discharging within their safety management system and ensure that all staff have the training and familiarisation for the role they perform.

Documentation

4.13 The IMDG Code requires a Dangerous Goods Transport Document (often referred to as a Dangerous Goods Note or DGN). This documentation is necessary in the transport of dangerous goods in order to communicate all relevant information relating to the hazards of the goods. The document required by the Code must include information about the dangerous goods and marine pollutants to be transported, as listed in the IMDG Code section 5.4.1.4. This includes a description of the goods, quantities and other essential details which may be specific to a certain class or product and a certification or declaration that the consignment is acceptable for transport and the goods are properly packaged, marked, and labelled, and in proper condition for transport in accordance with the applicable regulations.

4.14 Whilst the information to be provided on the Dangerous Goods Transport Document is mandatory, the format of the document is not. However, a template form is provided in the IMDG Code and this can be downloaded from GOV.UK. This template is multi-modal and is therefore also suitable for the transportation of dangerous goods by road and rail.^{[footnote 8]}For each product transported there must be an accurate form held for all stages of the journey.

4.15 Regulation 2 of SOLAS Chapter VI sets out a fundamental requirement in the carriage of cargoes, namely that a shipper or forwarder must provide the master or their representative with appropriate information sufficiently in advance of loading to enable a proper assessment of the suitability of the cargo for the ship on its intended voyage including stowage and segregation considerations.

4.16 When dangerous goods are packed or loaded into a freight container or vehicle, those responsible for packing the container or vehicle shall provide a container/vehicle packing certificate specifying the container/vehicle identification number and certifying the loading has been carried out in accordance with the requirements of the IMDG Code section 5.4.2. including the signature of the person responsible for packing/loading. The information required in the dangerous goods transport document and the container/vehicle packing certificate may be incorporated into a single document.

4.17 Electronic Data Processing (EDP) or Electronic Data Interchange (EDI) methods may be used by shippers to provide the information required on the documentation. This should be provided in good time and in a format that could be reproduced as a paper document easily and promptly. The signature on the document may be an electronic signature or may be replaced by the name (in capitals) of the person authorised to sign.

4.18 If dangerous goods are being shipped outside of the UK, there may be a requirement to adhere to other additional regulations, for example EU regulations may ask for additional information to de declared on the dangerous goods documentation. This is information which will benefit the multi modal chain of dangerous goods transportation.

Packaging

4.19 There is a universal system for the classification, packaging, marking, and labelling of dangerous goods or marine pollutants to enable their safe transport across all modes of transport. The UK and international regulations governing transport by sea and all modes are based on a UN system. These state that the packaging must meet or exceed minimum standards of performance before it can be authorised for the carriage of dangerous goods or marine pollutants. The performance of packaging is established by testing samples of the packaging according to the tests described in the UN Model Regulations. The competent authority of an approving country can allocate a unique UN approval mark to each successfully tested packaging design-type. In the UK, the competent authority is the Secretary of State for Transport. The Vehicle Certification Authority (VCA)^{[footnote 9]}operate the UN package certification scheme in accordance with the Arrangements for Performance Testing, Certification and Marking of Packagings for dangerous goods, on behalf of the Secretary of State. Packaging could include drums, boxes, or packaging of any size up to road tankers. 

4.20 Where packaged goods are to be packed or shipped in or on a cargo transport unit, the person responsible for packing such goods must ensure that the stowage, segregation and securing of the goods is adequate and in accordance with the IMDG Code, section 5.4.2. They must provide the operator, master, shipper, or forwarder, with a signed packing certificate in accordance with the requirements of the IMDG Code, setting out details including the cargo transport unit identification number or numbers and identifying the place and date of the operation, the name of the person responsible for the packing, their role, and company or organisation name.

Stowage and segregation

4.21 Stowage and Segregation are additional factors to consider when transporting dangerous goods and marine pollutants by sea. There are instructions within Part 7 of the IMDG Code – provisions concerning transport.

4.22 The Merchant Shipping (Carriage of Cargoes) Regulations 2024 and MGN XXX detail the requirements for compliance with SOLAS Chapter VI, regulation 5, Stowage and Securing, for all cargoes and cargo transport units. Additionally, as required by SOLAS Chapter VII, regulation 3, in order to ensure the safe carriage of dangerous goods in packaged form a shipper must comply with all relevant provisions of the IMDG Code for packing and securing cargo in containers.

4.23 Stowage means the proper placement of dangerous goods on board a ship to ensure safety and environmental protection during transport and this is categorised in the IMDG Code as stowage category 01-05 for Class 1 (explosives), and stowage category A-E for all other classes 2-9. There will be restrictions within these stowage categories for which ship may be suitable to transport certain dangerous goods and marine pollutants which may limit transport options. Additionally, instructions are included in the IMDG Code, Part 7 explaining which stowage code will apply dependant on the specific product being shipped.

4.24 Segregation is the method of separating products which are incompatible. For example, when such products are packed or stowed close together, serious hazards could result from any leaks, spills, or other accidents. Segregation is achieved by maintaining certain distances between incompatible dangerous goods or by requiring the presence of one or more steel bulkheads or decks between them, or a combination of both. Intervening spaces between dangerous goods and marine pollutants may be filled with other compatible cargo.

Segregation terms are:

.1 “away from”
.2 “separated from”;
.3 “separated by a complete compartment or hold from”;
.4 “separated longitudinally by an intervening complete compartment or hold from”.

Section 7.2.4 of the IMDG Code provides a table showing segregation by dangerous goods class. Information detailing the segregation terms listed above can be found in section 7.6.3 and information and segregation tables in section 7.4.3 of the IMDG Code.

4.25 Additional instructions for products which may affect the transportation of dangerous goods can also be found listed in Part 7 of the IMDG Code as stowage codes, handling codes and segregation groups. A common example of a stowage code is SW2 - clear of living quarters. This requires dangerous goods in packages or cargo transport units to be stowed a minimum distance of 3 m from accommodation, air intakes, machinery spaces and other enclosed work areas.

Class 7

4.26 The principal regulatory framework for the transport of radioactive material (Class 7) is the International Atomic Energy Agency (“IAEA”) Regulations for the Safe Transport of Radioactive Material. These IAEA regulations aim at ensuring safety primarily through sufficiency of packaging whatever the mode of transport and cover both normal and potential accident conditions of transport to protect people, property and the environment against the effects of radiation.

The Office for Nuclear Regulation (“ONR”) is the UK’s independent nuclear regulator. A Memorandum of Understanding (“MoU”) exists between the ONR and the MCA which sets out functions relevant to the maritime transport of radioactive material which the ONR will perform on behalf of the MCA. The MoU identifies activities such as approving radiation protection plans and packaging approvals specific to Class 7 substances under the IMDG Code to ensure consistency with other modes of transport.

4.27 The movement of Class 7 dangerous goods is wide ranging and the IMDG Code provides requirements for safe transport which are intended to align with other modes of transport. However, if transporting Class 7 products it is recommended that ONR guidance^{[footnote 10]}is sought on any additional requirements specific to the UK.  

Marine pollutants

4.28 Marine Pollutants are materials which pose a risk to aquatic ecosystems such as marine mammals, fish, crustaceans and algae. A marine pollutant is a supplementary classification requirement that applies only to transport by sea. Other dangerous goods regulations use the term Environmentally Hazardous Substance. To transport such hazardous material, the shipper must determine the hazard class of the material, assign a proper shipping name and determine whether it is an environmentally hazardous substance for the aquatic environment and therefore would be a marine pollutant.

4.29 A substance from any dangerous goods class may also be considered a marine pollutant if listed in the IMDG Code or if it meets the criteria in the IMDG Code of being harmful to the marine environment. The IMDG Code establishes regulations for the transportation of marine pollutants which are identified with a ‘P’ in the index to the IMDG Code (and also in column 4 of the dangerous goods list).  Chapter 2.10 of the IMDG Code sets out definitions and general provisions for marine pollutants and section 2.9.3 sets out classification criteria.  Annex III of MARPOL provides further instruction and guidance on classification and transportation of marine pollutants.

5.The International Maritime Solid Bulk Cargoes Code

5.1 The International Maritime Solid Bulk Cargoes (IMSBC) Code enables the safe stowage and shipment of solid bulk cargoes by providing information on the dangers related with the shipment of certain types of solid bulk cargoes, and instructions on the procedures to be adopted when the shipment of solid bulk cargoes is contemplated. The IMSBC Code does not cover the carriage of grain in bulk.  The specific requirements for the transport of grain are covered by the International Code for the Safe Carriage of Grain in Bulk.

5.2 Part A-1 of SOLAS Chapter VII defines “dangerous goods in solid form in bulk” as any material, other than liquid or gas, consisting of a combination of particles, granules or any larger pieces of material, generally uniform in composition, which is covered by the IMDG Code and is loaded directly into the cargo spaces of a ship without any intermediate form of containment, and includes such materials loaded in a barge on a barge-carrying ship. Part A-1 of SOLAS Chapter VII also requires the carriage of dangerous goods in solid form in bulk to comply with the relevant provisions of the IMSBC Code.

5.3 For the purpose of the IMSBC Code, dangerous goods in solid form in bulk are classified in accordance with Part 2 of the IMDG Code. However, not every UN class of dangerous goods is included in the IMSBC Code because logically there are some hazardous substances which cannot be safely transported in bulk without containment, such as Class 6.2 (Infectious Substances). The following UN classes of dangerous goods can be found within the IMSBC Code:

Class 4.1: Flammable solids

Class 4.2: Substances liable to spontaneous combustion

Class 4.3: Substances which, in contact with water, emit flammable gases

Class 5.1: Oxidizing substances

Class 6.1: Toxic substances

Class 7: Radioactive material

Class 8: Corrosive substances

Class 9: Miscellaneous dangerous substances and articles

5.4 Appendix 1 to the IMSBC Code lists cargo schedules of solid bulk cargoes by Bulk Cargo Shipping Name (BCSN). When a solid bulk cargo is dangerous goods as defined in the IMDG Code, the UN number forms part of the BCSN as described in section 4.1.1 of the IMSBC Code. Section 9 of the IMSBC Code also sets out some stowage and segregation requirements for dangerous goods in solid form in bulk including operational precautions to be taken.

5.5 Part A-1 of SOLAS Chapter VII requires each ship carrying dangerous goods in solid form in bulk to have a special list or manifest listing the dangerous goods on board and their location. A detailed stowage plan, which identifies by class and sets out the location of all dangerous goods on board, may be used in place of such a special list or manifest.

5.6 As per section 4.8.2 of the IMSBC Code, when dangerous goods in solid form in bulk are carried, appropriate instructions on emergency response to incidents involving the cargoes must be on board.

5.7 Cargo ships of 500 gross tonnage and over constructed on or after 1 September 1984 and cargo ships of less than 500 gross tonnage constructed on or after 1 February 1992, subject to SOLAS Chapter II-2, regulation 19.4, must have a document of compliance when carrying dangerous goods in solid form in bulk, except for Class 6.2 and Class 7 (refer to paragraph 2.11 of this MGN above). SOLAS Chapter II-2 sets out vessel construction requirements, specifically for fire protection, fire detection and fire extinction, which for vessels carrying dangerous goods may vary depending on the class or type of cargo to be transported.

6.The International Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk

6.1 The International Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk (“IBC Code”) provides an international standard for the safe carriage by sea of dangerous and noxious liquid chemicals in bulk. To minimize the risks to ships, their crews and the environment, the Code prescribes the design and construction standards of ships and the equipment they should carry, with due regard to the nature of the products involved.

6.2 Part B of SOLAS Chapter VII defines a cargo ship constructed or adapted and used for the carriage in bulk of any liquid product listed in Chapter 17 of the IBC Code as a “chemical tanker” and further requires that all chemical tankers constructed or adapted on or after 1 July 1986 must both comply with the requirements of the IBC Code and be surveyed and certified as provided for in the IBC Code. In other words, for the purposes of compliance with Part B of SOLAS Chapter VII, cargo ships carrying a bulk liquid product listed in Chapter 17 of the IBC Code must hold a valid International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk and must operate in accordance with the IBC Code.

6.3 Operational requirements under chapter 16 of the IBC Code include the maximum allowable quantity of cargo per tank, the requirement for cargoes to be clearly identified by their IBC Code product name and with sufficient information for their safe carriage in bulk available, and that a copy of the Code or national regulations incorporating the provisions of the Code should be readily available on board.

6.4 In the case of offshore supply vessels which may be required to carry in bulk some of the products listed in Chapter 17 of the IBC code, IMO member states have recognised the practical difficulty for such specialist and multipurpose vessels to comply fully with IBC Code requirements for dedicated chemical tankers. Consequently, 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. Later, 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).

Both Resolutions include modified IBC Code requirements for offshore support vessels and specific model certificates of fitness to certify vessel compliance. Sections 1.5 of A.673(16) and 1.4 of A.1122(20) state that these certificates should have the same force and receive the same recognition as the certificate issued under SOLAS Chapter VII, regulation 10 which is the International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk. Furthermore, the validity of the certificate should be subject to the periodical, intermediate, annual, and additional surveys required by the IBC Code.

Accordingly, the MCA has long recognised and facilitated the use of A.673(16) and A.1122(30) certificates of fitness as a means for offshore supply vessels to comply with Part B of SOLAS Chapter VII.

6.5 Stakeholders should bear in mind that the IBC Code is also a mandatory code for the purposes of compliance with MARPOL Annex II – Regulations for the control of pollution by noxious liquid substances in bulk. MARPOL Annex II is implemented in the UK by The Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018, as amended.     

7.The International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk

7.1 The International Code of the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (“IGC Code”) provides an international standard for the safe carriage by sea of liquefied gases having a vapour pressure exceeding 2.8 bar absolute at a temperature of 37.8°C, and certain other substances (refer to section 7.3 of this MGN below).

7.2 Part C of SOLAS Chapter VII defines a cargo ship constructed or adapted and used for the carriage in bulk of any liquefied gas or other product listed in Chapter 19 of the IGC Code as a “gas carrier”. This further requires that all gas carriers constructed or adapted on or after 1st July 1986 must both comply with the requirements of the IGC Code and be surveyed and certified as provided for in the IGC Code.

7.3 Chapter 1 of the IGC Code further explains its intended application by stating that some products listed in Chapter 19 of the IGC code are marked with an asterisk in column “a” of the table contained within Chapter 19. This asterisk signifies that the product is also listed in the International Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk (“IBC Code”). Where a ship is intended to exclusively carry one or more of these products marked with an asterisk in Chapter 19 of the IGC code, then the requirements of the IBC Code shall apply. However, when a ship is designed and constructed for the carriage of one or more of the products listed in Chapter 19 marked with an asterisk as well as other products listed in Chapter 19 of the IGC Code, then the requirements of the IGC Code shall take precedence.

7.4 A ship’s compliance with the requirements of the IGC Code shall be shown by holding a valid International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk. Compliance with the amendments to the Code, as appropriate, shall also be indicated in the International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk.

Since 1983 when the first text of the IGC code was adopted through resolution MSC.5(48) there have been several resolutions passed amending the Code, including a complete textual replacement under Resolution MSC.370(93) which came into force internationally on 1st January 2016 and applies to ships built after 1st July 2016. The amendments to the Code in 2016 were designed to give more flexibility in gas carrier construction and operation and to pave the way for further development in gas carrier technology and changes in operating practices as experience across the gas carrier industry grows.

Unless expressly provided otherwise, ships constructed on or after 1st July 1986 and before 1st July 2016 should comply with the applicable IGC Code requirements from resolution MSC.5(48) as amended by Resolutions MSC.17(58), MSC.30(61)^{[footnote 11]}, MSC.32(63)^{[footnote 12]}, MSC.59(67), MSC.103(73), MSC.177(79) and MSC.220(82).

7.5 In the case of offshore supply vessels which may be required to carry in bulk some of the liquefied gases listed in Chapter 19 of the IGC code, IMO member states have recognised the practical difficulty for such specialist and multipurpose vessels to comply fully with IGC Code requirements for dedicated gas carriers. Consequently, 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. Later, 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).

Both Resolutions include modified IGC Code requirements for offshore support vessels and specific model certificates of fitness to certify vessel compliance. Sections 1.5 of A.673(16) and 1.4 of A.1122(20) provide that these certificates should have the same force and receive the same recognition as the certificate issued under SOLAS Chapter VII, regulation 13 which is the International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk. Furthermore, the validity of the certificate should be subject to the periodical, intermediate, annual, and additional surveys required by the IGC Code.

Accordingly, the MCA has long recognised and facilitated the use of A.673(16) and A.1122(30) certificates of fitness as a means of enabling offshore supply vessels to comply with Part C of SOLAS Chapter VII.     

8.The International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on board Ships (INF Code)

8.1 The International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on board Ships (“INF Code”) is the mandatory international standard which sets out requirements for the design of ships transporting certain categories of radioactive material and addresses such issues as stability after damage, fire protection and structural resistance. SOLAS Chapter VII, regulation 16 makes compliance with the INF Code mandatory for all ships carrying an INF cargo. 

8.2 Prior to the coming into force of the 2024 Regulations, the INF Code was implemented in the UK by the Merchant Shipping (Carriage of Packaged Irradiated Nuclear Fuel etc.) (INF Code) Regulations 2000. The 2024 Regulations revoke and replace the 2000 INF Code Regulations and, in doing so, minor amendments that have been made to the INF Code since 2000 are implemented in the UK^{[footnote 13]}.

8.3 Every ship to which Part 6 of the 2024 Regulations applies must be constructed, equipped, inspected, surveyed, and certificated in accordance with the requirements of the INF Code and the operator and master must ensure that a ship carrying an INF cargo complies with the requirements of the INF Code.

8.4 Ships carrying an INF cargo are assigned to one of the following categories:

INF Class	Permitted Aggregate Activity Level
Class INF 1 Ship	Ships which are certified to carry INF cargo with an aggregate activity less than 4,000 TBq
Class INF 2 Ship	Ships which are certified to carry irradiated nuclear fuel or high‐level radioactive wastes with an aggregate activity less than 2 x 106 TBq and ships which are certified to carry plutonium with an aggregate activity less than 2 x 105 TBq
Class INF 3 Ship	Ships which are certified to carry irradiated nuclear fuel or high‐level radioactive wastes and ships which are certified to carry plutonium with no restriction of the maximum aggregate activity of the materials

8.5 An INF cargo that would be required to be carried in a Class INF 3 ship is not permitted to be carried on a passenger service.

8.6 Prior to the carriage of an INF cargo, a ship which is intending to carry an INF cargo must be subject to an initial survey which includes a complete examination of its structure, equipment, fittings, arrangements, and material in as far as is required by the INF Code.

8.7 The MCA, as the designated maritime authority in the United Kingdom will, after the successful completion of the initial survey required by the INF Code, issue the ship with an International Certificate of Fitness for the Carriage of INF Cargo. This certificate will be in the form set out in the appendix to the INF Code and shall be treated as a certificate issued under SOLAS Chapter I, regulation 12 (issue or endorsement of certificates).

8.8 A ship that is certified for the carriage of INF cargo is also subject to the inspections and surveys under the applicable provisions of SOLAS Chapter I and the International Certificate of Fitness for the Carriage of INF Cargo will cease to be valid if the survey required by SOLAS Chapter I has not been carried out or has shown that the ship does not comply with the provisions of the INF Code or when a certificate of that ship required by SOLAS has expired.    

8.9 An operator or master must not accept INF cargo for carriage in a ship which has not been issued with a valid Certificate of Fitness. 

8.10 The following table provides information on the types of cargoes covered by the INF Code.

Term	Definition
INF cargo	Packaged irradiated nuclear fuel, plutonium and high-level radioactive wastes carried as cargo in accordance with Class 7 of the IMDG Code
Irradiated nuclear fuel	Material containing uranium, thorium and/or plutonium isotopes which has been used to maintain a self-sustaining nuclear chain reaction
Plutonium	The resultant mixture of isotopes of that material extracted from irradiated nuclear fuel from reprocessing
High-level radioactive wastes	Liquid wastes resulting from the operation of the first stage extraction system or the concentrated wastes from subsequent extraction stages, in a facility for reprocessing irradiated nuclear fuel, or solids into which such liquid wastes have been converted

8.11 All INF cargo is categorised as Class 7 (radioactive) dangerous goods under the provisions of the IMDG Code and, therefore, in addition to the requirements of the INF Code, all relevant provisions of the IMDG Code will also apply.

8.12 All ships carrying an INF cargo must have on board a shipboard emergency plan. This plan must be approved by the Administration and based on the guidelines developed by the IMO. For a UK flagged ship, this plan should be written in English and in the working language of the ship if that language is not English. Shipboard emergency plans should be submitted to the relevant MCA Marine Office for approval.

8.13 The Office for Nuclear Regulation (ONR) is the UK’s independent nuclear regulator and has the legal authority to regulate nuclear safety, civil nuclear security and safeguards, and conventional health and safety at licensed nuclear sites in Great Britain. This includes the regulation of transport of civil nuclear and radioactive materials by road, rail, and inland waterways. The MCA may, where appropriate, refer shipboard emergency plans to the ONR for additional advice and guidance prior to approval of these plans. Similarly, where additional arrangements or equipment for radiological protection are appropriate in compliance with the INF Code, Chapter 8 the MCA may refer these to the ONR for advice and guidance prior to approval. To facilitate the provision of this expert advice and guidance, the MCA has a memorandum of understanding (MOU) with the ONR^{[footnote 14]}.

9.Reporting of incidents

9.1       The 2024 Regulations require UK ships, wherever they may be, and non-UK ships while they are within UK waters or controlled waters, to report incidents including accidents and pollution events. There may also be different reporting requirements which apply in respect of different categories of incident e.g. accidents, pollution incidents or sightings. These include, but are not necessarily limited to:

a) any incident which affects or could affect the safety of a ship or other ships, such as a failure or defect affecting manoeuvrability or seaworthiness.

b) any accident or occurrence affecting the safety of a ship, such as collision, grounding, structural damage, equipment malfunction or break down, flooding or shifting of cargo.

c) an event likely to result in the pollution of UK waters or coastline from the loss of dangerous goods or harmful substances, or the loss of packages or containers transporting these products.

9.2 In the event of damage or leakage to a package containing infectious substances, the master must report the incident by the fastest telecommunication channel available in accordance with the requirements in the IMDG Code for Class 6.2 goods.

9.3 When a ship is involved in an incident or other occurrence of a type described above which is likely to result in the pollution of UK waters, controlled waters or coastline, the master of that ship must immediately send to His Majesty’s Coastguard responsible for the area in which it occurred, by the quickest means possible, a report comprising the information required in accordance with the requirements set out in Part 7 of the 2024 Regulations.

9.4 The UK operates a ship reporting system which records reporting requirements in compliance with the principles from IMO resolution A.851 General Principles for Ship Reporting Systems and Ship Reporting Requirements Including Guidelines for Reporting Incidents Involving Dangerous Goods, Harmful Substances and/or Marine Pollutants.

9.5 MSN 1899 Vessel Traffic Monitoring Notification and Reporting Requirements for Ships and Ports and MGN 438 Consolidated European Reporting System (CERS) - Exemption Arrangements under the Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004 (as amended), provide further details on reporting in the UK for transporting dangerous goods and harmful substances.

10.Control and Enforcement

Offences and Penalties

10.1 The owner and the master are both guilty of an offence for each case of non-compliance if a ship proceeds or attempts to proceed to sea, or on any voyage, or arrives within UK waters, in breach of any of the requirements of the 2024 Regulations listed in the table at paragraph 10.3, subject to those specific requirements applying only to the master in regulations 11(2), 15 and 33(1) of the 2024 Regulations. A shipper or forwarder who fails to comply with the requirements in regulations 12(1) and (2) and 16 of the 2024 Regulations listed in the table at 10.3 will also be guilty of an offence.

10.2 It is a defence for a person charged with an offence under the 2024 Regulations to prove that the person charged took all reasonable steps to avoid the commission of the offence.

10.3

Provision/Offence	Subject Matter	Penalty
Regulation 10/regulation 34(1) Owner and master	Must if carrying packaged goods comply with each requirement in Part A of Chapter VII or Chapter 1 of Annex III.	On summary conviction, a fine (up to statutory maximum in Scotland and NI) and on conviction on indictment, two years imprisonment or a fine or both.
Regulation 11(1)(a)/regulation 34(1) Master or owner	Must not take or receive on board any packaged goods for which the transport information required by - SOLAS Chapter VII, regulation 4.1 or - MARPOL Annex III, regulation 5.1 has not been provided.	On summary conviction, a fine (up to statutory maximum in Scotland and NI) and on conviction on indictment, two years imprisonment or a fine or both.
Regulation 11(1)(b)/regulation 34(1) Master or owner	Must comply with - SOLAS Chapter VII, regulation 5 (cargo securing manual)	On summary conviction, a fine (up to statutory maximum in Scotland and NI) and on conviction on indictment, two years imprisonment or a fine or both.
Regulation 11(1)(c)/regulation 34(1) Master or owner	Must comply with - MARPOL Annex III, regulation 6 (stowage or - The IMDG Code, Part 7 (general stowage provisions)	On summary conviction, a fine (up to statutory maximum in Scotland and NI) and on conviction on indictment, two years imprisonment or a fine or both.
Regulation 11(1)(d)/regulation 34(1) Master or owner	Must not accept for carriage, or take or receive on board, any packaged goods if they do not comply with the requirements under regulation 11(1)(a) to (c) above.	On summary conviction, a fine (up to statutory maximum in Scotland and NI) and on conviction on indictment, two years imprisonment or a fine or both.
Regulation 11(2)(a)/regulation 34(2) Master only	Must comply with - SOLAS Chapter VII, regulation 4.2 or - MARPOL Annex III, regulation 5.2	On summary conviction, a fine (up to statutory maximum in Scotland and NI) and on conviction on indictment, two years imprisonment or a fine or both.
Regulation 11(2)(b)/regulation 34(2) Master only	Must comply with - The IMDG Code, section 5.4.4	On summary conviction, a fine (up to statutory maximum in Scotland and NI) and on conviction on indictment, two years imprisonment or a fine or both.
Regulation 11(2)(c)/regulation 34(2) Master only	Must keep available for inspection on board the ship any documents required by - MARPOL Annex III (regulation 5.2); or - The IMDG Code (paragraph 5.4.4); or - SOLAS Chapter VII (regulation 4.2).	On summary conviction, a fine (up to statutory maximum in Scotland and NI) and on conviction on indictment, two years imprisonment or a fine or both.
Regulation 12(1)(a)/regulation 35(1)(a) Shipper only	Must comply with - SOLAS Chapter VII, regulation 4.1 (documents)	On summary conviction, a fine (up to statutory maximum in Scotland and NI) and on conviction on indictment, two years imprisonment or a fine or both.
Regulation 12(1)(b)/regulation 35(1)(a) Shipper only	Must comply with - The IMDG Code, Part 5 (consignment procedures)	On summary conviction, a fine (up to statutory maximum in Scotland and NI) and on conviction on indictment, two years imprisonment or a fine or both.
Regulation 12(1)(c)/regulation 35(1)(a) Shipper only	Must comply with - MARPOL Annex III regulation 3 (packing) - 4 (marking and labelling) - and 5.1 (documentation)	On summary conviction, a fine (up to statutory maximum in Scotland and NI) and on conviction on indictment, two years imprisonment or a fine or both.
Regulation 12(2)(a)/regulation 35(1)(b) Shipper only	Must provide the forwarder with the transport information required by - the transport information required by SOLAS Chapter VII, regulation 4.1 or MARPOL Annex III, regulation 5.1 - any other information required by the IMDG Code.	On summary conviction, a fine (up to statutory maximum in Scotland and NI) and on conviction on indictment, two years imprisonment or a fine or both.
Regulation 12(2)(b)/regulation 35(2) Forwarder only	Must comply with the requirements on the shipper in - SOLAS Chapter VII, regulation 4.1 (documents) - the IMDG Code, section 5.4 - MARPOL Annex III, regulation 5.1 (documentation)	On summary conviction, a fine (up to statutory maximum in Scotland and NI) and on conviction on indictment, two years imprisonment or a fine or both.
Regulation 14/regulation 34(1) Owner and master	Must, if carrying dangerous goods in solid form in bulk, comply with each requirement in Part A-1 of Chapter VII applicable in relation to it.	On summary conviction, a fine (up to statutory maximum in Scotland and NI) and on conviction on indictment, two years imprisonment or a fine or both.
Regulation 15/regulation 34(2) Master only	Must comply with - SOLAS Chapter VII, regulation 7-2.2 (special list or manifest) - carry on board any documents required by the IMSBC Code, Appendix 1 - and must make available for inspection any document to which the requirements apply.	On summary conviction, a fine (up to statutory maximum in Scotland and NI) and on conviction on indictment, two years imprisonment or a fine or both.
Regulation 16/regulation 35(1)(c) Shipper only	Must comply with the IMSBC Code, Section 4 in respect of dangerous goods in solid form in bulk to which Appendix 1 of the Code applies.	On summary conviction, a fine (up to statutory maximum in Scotland and NI) and on conviction on indictment, two years imprisonment or a fine or both.
Regulations 20 and 21(1)/regulation 34(1) Owner and master	Chemical tanker - must comply with each requirement in Part B of Chapter VII applicable to it, or - must not proceed or attempt to proceed to sea or on any voyage unless there is a valid International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk.	On summary conviction, a fine (up to statutory maximum in Scotland and NI) and on conviction on indictment, two years imprisonment or a fine or both.
Regulations 25 or 26(1)/regulation 34(1) Owner and master	Gas carrier - must comply with each requirement in Part C of Chapter VII applicable to it, or - must not proceed or attempt to proceed to sea or on any voyage unless there is a valid International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk.	On summary conviction, a fine (up to statutory maximum in Scotland and NI) and on conviction on indictment, two years imprisonment or a fine or both.
Regulations 28 or 29(1)/regulation 34(1) Owner and master	Ship - must comply with each requirement in Part D of Chapter VII applicable to it, or - must not proceed or attempt to proceed to sea or on any voyage unless there is a valid International Certificate of Fitness for the Carriage of INF Cargo.	On summary conviction, a fine (up to statutory maximum in Scotland and NI) and on conviction on indictment, two years imprisonment or a fine or both.
Regulations 31 or 32 (owner and master)/regulation 34(1) or regulation 33 (master only)/regulation 34(2)	Incident reporting requirements in Part 7.	On summary conviction, a fine (up to statutory maximum in Scotland and NI) and on conviction on indictment, two years imprisonment or a fine or both.

Detention

10.4 Where a ship is liable to be detained under the 2024 Regulations, the person detaining the ship must serve on the master a detention notice which states the grounds of the detention; and requires the terms of the notice to be complied with until the ship is released.

More information

UK Technical Services Ship Standards
Maritime and Coastguard Agency
Bay 2/23
Spring Place
105 Commercial Road
Southampton
SO15 1EG

Telephone: +44 (0)203 81 72100

Email: dangerous.goods@mcga.gov.uk

Website: www.gov.uk/mca

Please note that all addresses and telephone numbers are correct at time of publishing.

---

1. Locations of MCA marine offices - GOV.UK (www.gov.uk)     ↩

2. Locations of MCA marine offices - GOV.UK (www.gov.uk) ↩

3. Locations of MCA marine offices - GOV.UK (www.gov.uk) ↩

4. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/876186/MGN_340.pdf ↩

5. https://wwwcdn.imo.org/localresources/en/OurWork/Environment/Documents/MEPC.1-Circ.512-Rev.1.pdf ↩

6. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/561851/MGN_497.pdf ↩

7. https://www.gov.uk/government/publications/msn-1906-the-carriage-of-dangerous-goods-and-marine-pollutants-amendments-to-international-standards/msn-1906-m-the-carriage-of-dangerous-goods-and-marine-pollutants-amendments-to-international-standards ↩

8. https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fassets.publishing.service.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F1140895%2F2023MULTIMODAL_DANGEROUS_GOODS_FORM.odt&wdOrigin=BROWSELINK ↩

9. https://www.vehicle-certification-agency.gov.uk/dangerous-goods/dangerous-goods-packaging/ ↩

10. https://www.onr.org.uk/transport/competent-authority-approval.htm ↩

11. Stated application to ships constructed on or after 1st October 1994 with ships constructed before 1st October 1994 to comply with resolution MSC.5(48). ↩

12. Stated application to ships constructed on or after 1st July 1998 with ships constructed before 1st July 1998 to comply with resolution MSC.5(48) as amended by resolution MSC.30(61). ↩

13. See amendments made by IMO Resolutions MSC.118(74), MSC.135(76), MSC.178(79) and MSC.241(83). ↩

14. ONR / MCA Agency Agreement ↩