UK: carriage of dangerous goods and marine pollutants notice

UK Maritime and Coastguard Agency has issued a Merchant Shipping Notice MSN 1914 (M) regarding the carriage of dangerous goods and marine pollutants: amendments to international standards.

This notice was published on 11 January 2024.

Summary:

This Merchant Shipping Notice (MSN) addresses the carriage of dangerous goods and marine pollutants by sea, including packaged and bulk forms, within UK waters and on UK ships worldwide. It outlines regulations implementing international codes and amendments.

1. Introduction

Safety protocols for the sea transport of dangerous goods and marine pollutants are crucial for ship safety, seafarers, and the marine environment. This MSN highlights recent amendments to international codes related to this carriage.

2. International Maritime Dangerous Goods (IMDG) Code Amendment 41-22

2.1 The IMDG Code provides the international standard for the carriage of dangerous goods and marine pollutants by sea. The requirements of the IMDG Code are given legal effect in the United Kingdom through the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997 (SI No. 1997/2367). Amendment 41-22 of the IMDG Code has been agreed in and adopted by the International Maritime Organization (IMO) (Resolution MSC.501(105)) applying in whole or in part on a voluntary basis from 1st January 2023 and entering into force internationally on 1st January 2024.

2.2 From 1st January 2023 until 31st December 2023, dangerous goods and marine pollutants in packaged form must be shipped either:

a) In accordance with the mandatory IMDG Code 2020 Edition incorporating Amendment 40-20; or

b) In accordance with the IMDG Code 2022 Edition incorporating Amendment 41-22.

2.3 On or after 1st January 2024, dangerous goods and marine pollutants in packaged form must be shipped only in accordance with the IMDG Code 2022 Edition incorporating Amendment 41-22.

2.4 The IMDG Code 2022 Edition comprises two volumes. This edition of the Code incorporates changes made in the UN Recommendations on the Transport of Dangerous Goods Model Regulations 22nd edition.

2.5 The IMDG Code 2022 edition is available from the International Maritime Organization (IMO) at 4 Albert Embankment, London, SE1 7SR.

2.6 The Secretary of State considers the IMDG Code 2022 edition (amendment 41-22) to be relevant for the purposes of the Merchant Shipping (Reporting Requirements for Ships Carrying Dangerous or Polluting Goods) Regulations 1995 (SI No. 2498/1995), the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997 (SI No. 1997/2367) and the Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004 (SI No. 2004/2110).

2.7 Therefore, these amendments take effect on 1st January 2023. Accordingly, references to the IMDG Code on or after that date in the regulations described in paragraph 2.6 are construed as references to the Code as so amended.

3. International Maritime Solid Bulk Cargoes (IMSBC) Code

3.1 The IMSBC Code enables the safe loading, stowage and shipment of solid bulk cargoes by providing information on the dangers related with the shipment of certain types of solid bulk cargoes. Amendment 06-21 of the IMSBC Code has been agreed in and adopted by the IMO (Resolution MSC.500(105)) applying in whole or in part on a voluntary basis from 1st January 2023 and entering into force internationally on 1st December 2023.

3.2 From 1st January 2023 until 30th November 2023, solid bulk cargoes must be shipped either:

a) In accordance with the mandatory IMSBC Code 2020 Edition incorporating Amendment 05-19; or

b) In accordance with the IMSBC Code 2022 Edition incorporating Amendment 06-21.

3.3 On or after 1st December 2023, solid bulk cargoes must be shipped only in accordance with the IMSBC Code 2022 edition, incorporating amendment 07-23.

4. International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code), 2020 Edition

4.1 The IBC Code provides the international standard for the carriage of noxious liquid substances in bulk by sea. The requirements of the IBC Code are given legal effect in the United Kingdom through the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997 and the Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018.

4.2 The IMO, having reviewed the IBC Code, agreed, and adopted amendments in Resolutions MEPC.318(74) and MSC.460(101) and these amendments came into force internationally on 1st January 2021 and are incorporated into the 2020 edition of the IBC Code.

4.3 The IBC Code is mandatory under the International Convention for the Prevention of Pollution from Ships (MARPOL) Annex II and the International Convention for the Safety of Life at Sea (SOLAS) Chapter VII Part B. These amendments to the IBC Code reflect amendments to MARPOL Annex II, adopted by Resolution MEPC.315(74) (Cargo residues and tank washings of persistent floating products). The Resolution amends regulations 1 and 13 and Appendices 4 and 6 of Annex II to insert requirements in relation to high-viscosity products which, in certain specified areas, will require a cargo tank prewash at the port of loading until the tank is empty, the residue of which must be discharged to a port reception facility.

4.4 The IBC Code 2020 edition (ISBN: 978-92-801-1728-8) is available from the IMO at 4 Albert Embankment, London, SE1 7SR (IMO product code IE100E).

4.5 The Secretary of State considers the IBC Code 2020 edition, including amendments made by Resolutions MEPC.318(74) and MSC.460(101), to be relevant for the purposes of the Merchant Shipping (Dangerous goods and Marine Pollutants) Regulations 1997. These amendments took effect from 1st January 2021. Accordingly, references to the IBC Code in those regulations on or after that date are references to the Code as so amended.

4.6 These amendments also gave effect in the Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018 by means of the ambulatory reference provisions in those regulations.

5. Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (BCH Code), 2008 edition

5.1 The BCH Code provides the international standard for the carriage of dangerous chemicals in bulk by sea in vessels built prior to 1st July 1986. The requirements of the BCH Code are given effect in the United Kingdom through the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997 and the Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018.

5.2 The IMO, having reviewed the BCH Code, agreed, and adopted amendments in Resolutions MEPC.249(66) / MSC.376(93) which entered into force internationally on 1st January 2016, Resolutions MEPC.303(72) / MSC.446(99) which entered into force internationally on 1st January 2020 and Resolutions MEPC.319(74) / MSC.463(101) which enter into force on 1st January 2021.

5.3 The Secretary of State considers the BCH Code 2008 edition, as amended by the Resolutions described in paragraph 4.2, to be relevant for the purposes of the Merchant Shipping (Dangerous goods and Marine Pollutants) Regulations 1997. These amendments took effect on 1st January 2021. Accordingly, references to the BCH Code in those regulations on or after that date are references to the Code as so amended.

5.4 These amendments also gave effect in the Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018 by means of the ambulatory reference provisions in those regulations.

All regulations can be found at legislation.gov.uk

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