§ The Earl of Caithnessasked Her Majesty's Government:
Further to the Answer by the Lord Triesman on 28 October (HL Deb, col. 1398), what are the "international requirements" to which reference is made; what was the timetable for agreeing and implementing the Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004; and why there was no time to consult those affected by the regulations. [HL4736]
§ Lord Davies of OldhamThe international requirements referred to in Lord Triesman's Answer are Protocol 1 to the International Convention for the Prevention of Pollution from Ships (MARPOL) and Chapter VII Regulation 6 (formerly 7.1) of the International Convention for the Safety of Life at Sea (SOLAS). The provisions in MARPOL and SOLAS relate to reports of incidents that certain ships are to make in specified circumstances.
Member states were required to comply with the European Directive 2002/59/EC, establishing a Community vessel traffic monitoring and information system by February 2004, which was the timetable set in the directive. This is the timetable to which the Government were working.
Drafting of the Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004 proved to be a lengthy and complex process and had still not been completed by the February 2004 date. On 18 February 2004, the Government received a letter of formal notice of infringement from the European Commission. On 9 July 2004, the Government received a further communication from the European Commission, a reasoned opinion in relation to the UK's failure to implement. This reasoned opinion required the adoption of appropriate laws by 8 September 2004 (within two months of receipt of the reasoned opinion).
There was extensive consultation, both formal and informal, on the original draft of the regulations. This process was not finally completed until June 2004. After this consultation was completed, it came to light that amendments would have to be made to the draft of the regulations, as prepared at the date of consultation, so as to continue to give effect to the MARPOL and SOLAS reporting requirements. Amendments were therefore made to the draft regulations to keep in force in an amended form the Merchant Shipping (Reporting Requirements for Ships Carrying Dangerous or Polluting Goods) Regulations 1995 (the "1995 Regulations") so as to continue to give effect to the MARPOL and SOLAS provisions.
100WAUnfortunately, the deadline set by the Commission (and the risk of infraction proceedings against the UK in the European Court of Justice) left no time for further consultation on the regulations. As the noble Earl is aware, the Maritime and Coastguard Agency (MCA) has now undertaken to consult with interested bodies and persons on whether further changes are appropriate.