UK Offence Report

The Merchant Shipping (Technical Requirements for Inland Waterway Vessels) Regulations 2010

UK Statutory Instrument 2010 No. 1075 — creates 3 criminal offences.

3offences created
0recorded in force
0revoked
Made
29 March 2010
In force from
20 April 2010
Extent
Not stated
Subject
Health and safety, environment, waste and fisheries
Made under
2006/87/EC, 82/714/EEC, European Communities Act 1972, Merchant Shipping Act 1995

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations implement Directive 2006/87/EC dated 12 December 2006 of the European Parliament and of the Council laying down technical requirements for inland waterway vessels and repealing Council Directive 82/714/EEC (O.J. No. L 389, 30.12.2006, p.1) as amended by Directive 2006/137/EC dated 18 December 2006 of the European Parliament and of the Council (O.J. NO. L 389, 30.12.2006, p.261), Directive 2008/59/EC dated 12 June 2008 of the European Parliament and of the Council (O.J. No. L 166, 27.6.2008, p.31), Directive 2008/68/EC dated 24 September 2008 of the European Parliament and of the Council (O.J. No. L 260, 30.9.2008, p.13), Commission Directive 2008/87/EC dated 22 September 2008 (O.J. NO. L 255, 23.9.2008, p.5), Commission Directive 2008/126/EC dated 19 December 2008 (O.J. No. L 32, 31.1.2009, p.1) and Commission Directive 2009/46/EC dated 24 April 2009 (O.J. No. L 109, 30.4.2009, p.14). The Regulations also implement Directive 2009/100/EC of the European Parliament and of the Council of 16 September 2009 on reciprocal recognition of navigability licences for inland waterway vessels (O.J. L 259, 2.10.2009, p.8). The Regulations are made under sections 85(1)(a) and (b), (3) and (5) to (7) and 86(1) and (2) of the Merchant Shipping Act 1995, except in so far as they relate to Government ships. Section 2(2) of the European Communities Act 1972 is used to extend the application of the Regulations to Government ships, in order to implement the obligations of Directive 2006/87/EC and Directive 2009/100/EC as respects such ships. Section 2(2) is also used as an enabling power for amendments made by Schedule 2 to instruments made under section 2(2), and read with paragraph 1A of Schedule 2 to the European Communities Act 1972 is used to provide that references in the Regulations to Annexes of Directive 2006/87/EC are references to those Annexes as amended from time to time. The Regulations apply to vessels as described in regulation 3(Application) which are operating on any waterway in the United Kingdom classified as a Zone 1, 2 3 or 4 waterway by Article 1 of Directive 2006/87/EC, other than vessels for which exemptions have been granted in accordance with regulation 4(Exemptions: vessels operating on waterways not linked to other Member States) or regulation 5(Exemptions: limited journeys of local interest or in harbour areas). Exemptions granted by the Secretary of State will be specified in a Merchant Shipping Notice. Regulations 6 to 10 make provision regarding the obligation in Directive 2006/87/EC for vessels to carry a Community inland navigation certificate, a Rhine Navigation Certificate or a navigability certificate of a third country recognised by the Secretary of State as equivalent to a Community inland navigation certificate. Regulation 11 and Schedule 1 implement certain provisions of Directive 2009/100/EC regarding the mutual recognition of navigability licences for vessels to which Directive 2006/87/EC does not apply. Merchant Shipping Notice 1805 makes provision as to the issuing by the Secretary of State of navigability licences to vessels to which Directive 2009/100/EC applies. Regulation 12 makes provision regarding inspection and remedial measures, and regulation 13 makes provision regarding offences and penalties. Regulation 14 and Schedule 2 amend a number of Regulations so as to disapply their provisions as respects vessels to which these Regulations apply. The up to date text of the Rhine Vessels Inspection Regulation in German and French (the RVBR) and of the Agreement on transport of dangerous goods on the Rhine in Dutch, German and French (the ADNR) may be consulted at the official website of the Central Commission for the Navigation on the Rhine at www.ccr-zkr.org. An impact assessment has been produced and copies may be obtained from the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone number 02380 329100). It is also annexed to the Explanatory Memorandum which is available alongside the Regulations on the OPSI website at www.opsi.gov.uk. A copy has been placed in the library of each House of Parliament. Merchant Shipping Notices are published by the Maritime and Coastguard Agency. Copies may be obtained from M-Notices Subscriptions, PO Box 362, Europa Park, Grays Essex RM17 9AY, tel 01375 484548, fax 01375 484556, email mnotices@ecgroup.co.uk. They may also be accessed via the MCA’s website www.mcga.gov.uk, which also has details of any amendments or replacements.

Offences created by this instrument

What Parliament said about it

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How Parliament handled it

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