Open consultation

Consultation document - The Merchant Shipping (Marine Equipment) Regulations 2025

Published 14 April 2025

Section 1: Overview of this consultation

Aim

1.1. This consultation seeks your views on a new Statutory Instrument, the Merchant Shipping (Marine Equipment) Regulations 2025 (“the proposed Regulations”). The proposed Regulations will replace the Merchant Shipping (Marine Equipment) Regulations 2016 as amended.

1.2. The main objectives of the proposed Regulations are:

• 1.2.1 To revoke and replace the Merchant Shipping (Marine Equipment) Regulations 2016 as amended by assimilating existing requirements into one set of regulations.

• 1.2.2 To include ballast water management systems as an item of marine equipment and transfer the equivalent requirements and standards from the Merchant Shipping (Control and Management of Ships’ Ballast Water and Sediment) Regulations into the new Marine Equipment regulations.

• 1.2.3 To introduce an equivalence provision which would allow the MCA to issue written permission (‘Letter of Acceptance’) to use alternative equipment where there is no UK approved equipment available on the market, or the available approved equipment is not suitable for reasons of technical compatibility.

• 1.2.4 To ensure government ships are out of the scope of the Marine Equipment Regulations.

Views sought

1.3. Consultees are invited to comment on any aspect of this consultation and/or the proposed Regulations. However, you are specifically invited to respond to the consultation questions in Section 5. A more in-depth explanation can be found in Section 2.

1.4. A full list of consultation questions is contained in Section 5 of this consultation.

Deadline for responses

1.5. Responses are welcomed from 09/04/25 Until 21/05/25.

Section 2: Areas for consideration

Background

2.1. International Maritime Organization (IMO) Conventions require ships to carry marine equipment (safety equipment and counter pollution equipment) that has been approved by the ship’s Flag Administration.

2.2. The UK’s marine equipment requirements are currently set out in the Merchant Shipping (Marine Equipment) Regulations 2016 as amended (The 2016 Regulations). These set out the requirements and procedures for marine equipment to be placed on board a UK ship following the UK’s exit from the EU.

2.3. The 2016 Regulations were amended in 2019. The amending regulations were:

• 2.3.1 the Merchant Shipping (Marine Equipment) (Amendment etc.) (EU Exit) Regulations 2019 (SI 2019/0470); and

• 2.3.2 the Merchant Shipping (Marine Equipment) (Amendment) (UK and US Mutual Recognition Agreement) (EU Exit) Regulations 2019 (SI 2019/1304)

2.4. The amendments were made to ensure that the law continued to operate effectively following the UK’s exit from the EU. As part of this, the first amending instrument introduced the UK conformity assessment regime in respect of marine equipment to be placed on board a UK ship. The second amending instrument implemented the UK-US Mutual Recognition Agreement for marine equipment to allow certain equipment which has been approved by the US Coast Guard to be placed on board a UK ship.  

2.5. The Merchant Shipping (Control and Management of Ships’ Ballast Water and Sediments) Regulations 2022 (The 2022 Regulations) incorporate requirements introduced on 29 July 2022 regarding ballast water management systems - an item of marine equipment. The requirements for UK approval for Ballast Water Management Systems as detailed in the 2022 Regulations are currently aligned with other equipment categories covered by the 2016 Regulations and detailed in Annex 2 of Merchant Shipping Notice (“MSN”) 1874 (i.e., that requiring approval by a ship’s Flag Administration) but are not currently within the scope of the UK’s conformity assessment for marine equipment. To ensure there is no risk of divergence, the approval requirements for ballast water management systems will be incorporated into the proposed marine equipment regulations.

Proposed Changes

2.6. To simplify the regulations by providing a clear and consolidated set of regulations for marine equipment.

The existing regulatory framework around marine equipment has become complex due to the amendments to The 2016 Regulations. The proposed Regulations would revoke The 2016 Regulations along with its two amending Statutory Instruments (SI) and replace them with a single SI providing greater clarity.

2.7. To amend the Merchant Shipping (Control and Management of Ships’ Ballast Water and Sediments) Regulations 2022 to incorporate the approval of Ballast Water Management Systems with the rest of marine equipment.

Ballast Water Management Systems (BWMS) require approval by UK Nominated Bodies designated by the Secretary of State (SoS) to test and certificate these pieces of equipment. BWMS are unique in that the process and requirements for their approval is not set out in The 2016 Regulations, unlike other items of marine equipment requiring approval by UK Nominated Bodies. This amendment incorporates the process for gaining BWMS type approval into the proposed Regulations and moves the standards from MSN 1908 ‘The Merchant Shipping (Control and management of ships’ ballast water and sediments) regulations 2022’, to the updated MSN 1874 that will accompany the proposed Regulations. The aim of this is to make it easier to find the relevant processes for obtaining marine equipment approval, and the relevant standards to which equipment must conform. In addition, it will reduce the potential risk of divergence between the approval procedure for BWMS and that for other marine equipment. The intention is that this should make it clearer for industry.

2.8. Introduce an equivalence provision.

This will enable ship owners and ship operators to apply for an equivalence for a piece of non-UK approved marine equipment to be placed onboard a vessel.

2.9. Ensure government ships are out of scope.

The proposed 2025 regulations will ensure Government ships are out of scope of this marine equipment regime. This is due to a broader change in approach to government ships triggered in part by the limited vires available post-EU Exit to apply merchant shipping regulation to government ships. Following the repeal of the ECA 1972, and in the absence of appropriate powers in the Merchant Shipping Act 1995, this is being done using the Retained EU Law (Revocation and Reform) Act 2023.  

Summary of Options and Recommendations

2.10. The following options were considered

Option 0 – do nothing – leave documents unamended, no updates to the Merchant Shipping (Marine Equipment) Regulations 2016 as amended. This option is not viable, as the regulations and its associated documents have outdated references, which have the potential to cause confusion to industry. This option leaves these issues unresolved and enhances the risk of non-compliance. Following the revocation of the ECA 1972, the powers required to revoke and replace the 2016 Regulations as amended now lie within the Retained EU Law Act and these powers are only available until June 2026.

Option 1 – revoke and replace the Merchant Shipping (Marine Equipment) Regulations 2016 as amended. Leave government ships in scope. This option is not viable, as leaving government ships in scope means that replacing the 2016 Regulations is highly challenging, due to the powers deficiency that prevents the Maritime and Coastguard Agency (MCA) from either including or removing government ships in future versions of the regulations. This is because the Retained EU Law Act provides time limited powers that would enable government ships to be removed from scope, with these powers expiring on 23 June 2026.

Option 2 – revoke and replace the Merchant Shipping (Marine Equipment) Regulations 2016 as amended by assimilating existing requirements into one set of regulations. Ensure government ships are out of scope. This option would simplify the regulations for marine equipment and provide clarity for industry by replacing the Merchant Shipping (Marine Equipment) Regulations 2016 with a single version. Regulation 14 of the REUL Act allows for government ships to be removed from the scope of the regulations. This addresses the powers deficiency, allowing for the 2016 Regulations to be revoked and replaced. It also simplifies matters for any future changes to the regulations, as the current powers are time limited.

Option 3 – revoke and replace the Merchant Shipping (Marine Equipment) Regulations 2016 as amended by assimilating existing requirements into one set of regulations, including the requirements for ballast water management systems. Ensure government ships are out of scope. This option carries the same benefits as Option 2, while also bringing the requirements and standards for ballast water management systems into the scope of the Regulations, ensuring these systems are not treated differently to other items of marine equipment. This is the preferred option, as it both simplifies the regulations for industry, reduces the risk of non-compliance, and addresses the powers deficiency caused by the inclusion of government ships by removing these from scope.

2.11. The preferred option is Option 3.

Supporting Information

Merchant Shipping Notices and Marine Guidance Notices

2.12. It is our intention to update and publish marine notices MSN 1874; MSN 1908; MGN 554; MGN 557 and MGN 680 to accompany the publication of the proposed Regulations which will come into force in 2025.

2.13. The draft proposed Regulations can be found at Annex A as part of the consultation.

Section 3: Responding to this consultation

3.1. There are specific questions highlighted in section 5 of this document and information on how to respond to this consultation document.

Consultees

3.2. Anyone may respond to this consultation and consideration will be given to all responses.  We will be particularly interested to hear from:

• 3.2.1 Manufacturers and Distributors of Marine Equipment

• 3.2.2 Masters, Officers and Skippers of: Merchant Ships, Fishing Vessels, Small Commercial Vessels and Pleasure Vessels

• 3.2.3 Ship: Builders, Designers, Operators, Owners and Managers

• 3.2.4 Marine Consultants, Recognised Organisations, Certifying Authorities, and Approved and Nominated Bodies

Duration

3.3. This consultation is open for six weeks from 09/04/25. The deadline for responses is 21/05/25.

Submitting your response

3.4. The preference is for consultation responses to be emailed to MEQA@mcga.gov.uk. Any questions should also be sent to this email address. You can also send in your response by post.

3.5. 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.

Freedom of Information

3.6. 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.

3.7. 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.

3.8. 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.

3.9. 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.

Data Protection

3.10. The MCA is carrying out this consultation to gather evidence to inform the development and implementation of policy and legislation. 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.

3.11. 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.

3.12. 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

3.13. 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.

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

Section 4: Outline of plans beyond this consultation

4.1. 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.

4.2. We will be analysing the responses following completion of the consultation.  Our aim is to publish an overview of the responses and the MCA’s comments by Summer 2025 which will be available on www.gov.uk along with the consultation.

4.3. Where appropriate the draft Regulations/Guidance, accompanying guidance and impact assessment will be revised to take into consideration the consultation responses.

4.4. Our aim is for the Merchant Shipping (Marine Equipment) Regulations 2025 to come into force in the Autumn of 2025. The Regulations will be published on www.legislation.gov.uk.     

4.5. An overview timetable is below for reference:

Section 5: Response form

This can be found here.

Section 6: Conduct of this consultation

This can be found here.