UK: Guidance on Anti-Fouling Systems Regulations 2024

UK Maritime and Coastguard Agency published MGN 398 (M+F) Amendment 1 to provide guidance on certain aspects of the Merchant Shipping (Anti-Fouling Systems) Regulations 2024.

This MGN was published on 18 April 2024 and will become effective concurrently with Merchant Shipping (Anti-Fouling Systems) Regulations 2024 on 10 May 2024.

Introduction:

Anti-fouling systems (“AFS”) are used to keep the hulls of ships clean and free from fouling organisms.
In 2001, the International Convention on the Control of Harmful Anti-Fouling Systems on Ships introduced control measures on the use of organotin compounds.
The UK replaced existing legislation with the 2024 Regulations to include amendments prohibiting the use of cybutryne.

Definitions:

Definitions including "Anti-fouling system", "Ship", "UK ship", and "UK waters" are provided.

Application:

The regulations apply to all UK ships and those operating in UK waters, excluding certain governmental and non-commercial service vessels.

Controls on Anti-Fouling Systems:

Owners and masters of ships using AFS must ensure compliance with regulations regarding prohibited compounds and maintenance standards. Penalties are outlined for non-compliance.
Specific compounds like organotin compounds and cybutryne are prohibited, with detailed control measures and effective dates listed:

Anti-fouling system	Control Measures	Application	Effective Date
Organotin compounds which act as biocides in anti-fouling systems	Ships shall not apply or re-apply such compounds	All ships	1 July 2003
Organotin compounds which act as biocides in anti-fouling systems	Ships must not bear such compounds on their hulls or external parts or surfaces unless they bear a coating that forms a barrier to such compounds leaching from the underlying noncompliant anti-fouling system	All ships (except fixed and floating platforms, FSUs and FPSOs that have been constructed prior to 1 January 2003 and that have not been in dry-dock on or after 1 January 2003)	1 January 2008
Cybutryne CAS No. 28159-98-0	Ships shall not apply or re-apply anti-fouling systems containing this substance	All ships	1 January 2023
Cybutryne CAS No. 28159-98-0	Ships bearing an anti-fouling system that contains this substance in the external coating layer of their hulls or external parts or surfaces on 1 January 2023 shall either: (1) remove the anti-fouling system; or (2) apply a coating that forms a barrier to this substance leaching from the underlying non-compliant anti-fouling system	All ships except: (1) fixed and floating platforms, FSUs, and FPSOs that have been constructed prior to 1 January 2023 and that have not been in dry-dock on or after 1 January 2023; (2) ships not engaged in international voyages; and (3) ships of less than 400 gross tonnage engaged in international voyages, if accepted by the coastal State(s)	At the next scheduled renewal of the anti-fouling system after 1 January 2023, but no later than 60 months following the last application to the ship of an anti-fouling system containing cybutryne

Survey and Certification:

Certification requirements differ based on the size and type of ship, with procedures outlined for surveys, endorsements, and documentation.
Repairs affecting the anti-fouling system may require surveys, and ships must carry appropriate certificates or declarations verifying compliance.

Fixed or Floating Platforms, FSUs, and FPSOs:

These structures are subject to the regulations but have specific compliance and certification procedures.
Guidance is provided for ships constructed before and after the regulations' effective dates, including recommendations for compliance documentation and environmental impact assessments.

All regulations can be found at legislation.gov.uk

For more information, please see the document below (available only to subscribers):