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BERMUDA

MERCHANT SHIPPING AND FISHING VESSELS (PORT WASTE RECEPTION FACILITIES) REGULATIONS 2019

BR 103 / 2019

persons referred to in section 94(3) of that Act, makes the following Regulations:

Citation

1 These Regulations may be cited as the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2019.

2. Interpretation, etc.

(1) In these Regulations—

“Authority” means the Bermuda Shipping and Maritime Authority (BSMA), a body corporate established under the Bermuda Shipping and Maritime Authority Act 2016;

“cargo residues” means the remnants of any cargo material on board in cargo holds or tanks, which remain after unloading procedures and cleaning operations are completed and includes excesses and spillage from loading or unloading;

“Category A, B, C or D substance” means any substance listed and identified as falling into Category A, B, C or D in column “c” in Chapter 17 and Chapter 18 of the IBC Code; and any substance which is provisionally assessed as a Category A, B, C or D substance; and a reference to any such substance shall include a reference to any mixture containing such substance;

“Convention” means the International Convention for the Prevention of Pollution from Ships 1973;

“crude oil” means any liquid hydrocarbon mixture occurring naturally in the earth, whether or not treated to render it suitable for transportation, and includes—

(a) crude oil from which certain distillate fractions may have been removed; and

(b) crude oil to which certain distillate fractions may have been added;

“fishing vessel” means any ship equipped or used commercially for catching fish or other living resources of the sea;

“fuel oil” means any oil used as fuel in connection with the propulsion and auxiliary machinery of the ship in which such oil is carried;

“IBC Code” means the 1998 Edition of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk published by the International Maritime Organization;

MERCHANT SHIPPING AND FISHING VESSELS (PORT WASTE RECEPTION FACILITIES) REGULATIONS 2019

“master”, in the application of these Regulations to hovercraft, includes the captain of a hovercraft;

“member State” means a State to which the Convention applies;

“Merchant Shipping Notice” means a Notice described as such and issued by the Chief Marine Surveyor, or the equivalent UK Merchant Shipping Notice, as applicable;

“noxious liquid substance” means either a substance listed as such in MEPC Circular 2/CIRC.1 or a Category A, B, C or D substance, but does not include cargo residues; and for this purpose “MEPC Circular” means a circular of that description issued by the Marine Environment Protection Committee of the International Maritime Organization;

“oil” means petroleum in any form including crude oil, fuel oil, sludge, oil refuse and refined products, other than oil-like substances;

“oily mixture” means a mixture with any oil content;

“operational waste” means all cargo-associated waste and maintenance waste; and for this purpose, “cargo-associated waste” means all materials which have become wastes as a result of use on board a ship for cargo stowage and handling and includes dunnage, shoring, pallets, lining and packing materials, plywood, paper, cardboard, wire and steel strapping;

“owner” means the owner, charterer, manager or operator of a ship;

“passenger” means any person carried in a ship except—

(a) a person employed or engaged in any capacity on board the ship on the business of the ship;

(b) a person on board the ship either in pursuance of the obligation laid upon the master to carry shipwrecked, distressed or other persons, or by reason of any circumstances that neither the master nor the company could have prevented; or

(c) a child under one year of age;

“prescribed wastes” means any waste of the following descriptions—

(a) cargo residues;

(b) noxious liquid substances; and

(c) ship-generated waste;

“recreational craft” means a ship of any type, regardless of the means of propulsion, which is intended for sports or leisure;

“relevant inspector” means a person mentioned in section 219(1)(a), (b) or (c) of the Act;

“sewage” means—

MERCHANT SHIPPING AND FISHING VESSELS (PORT WASTE RECEPTION FACILITIES) REGULATIONS 2019

(a) drainage and other wastes from any form of toilets and urinals;

(b) drainage from medical premises (including, for example, a dispensary or sick bay) via wash basins, wash tubs and scuppers located in such premises;

(c) drainage from spaces containing living animals; or

(d) other waste waters when mixed with any drainage referred to in sub- paragraph (a), (b) or (c);

“ship” means a sea-going vessel of any type whatsoever (including hydrofoils, hovercraft, submersibles and floating craft) operating in the marine environment beyond the limits of the territorial waters of Bermuda;

“ship-generated waste” means all waste and residues which are generated during the service of a ship and which fall within the definitions of garbage, sewage, oil and oily mixtures, but does not include cargo residues; and for this purpose

“garbage” means all kinds of victual, domestic and operational waste, excluding fresh fish and parts thereof, generated during the normal operation of the ship and liable to be disposed of continuously or periodically, except sewage.

(2) For the purposes of these Regulations the “competent authority” shall be—

(a) in relation to Bermuda, the Authority;

(b) in relation to any other member State, the national maritime administration maintained by that State for the inspection of ships; and

(c) in relation to a state other than a member State, any authority designated as such, by that State.

(3) Words and expressions used in these Regulations which are defined in the Act shall bear those meanings throughout these Regulations.

(4) Any direction given under these Regulations shall be in writing.

(5) Any power under these Regulations to give a direction includes power to vary or revoke the direction by a subsequent direction.

3. Application

(1) These Regulations apply to any harbour or terminal within a harbour in Bermuda.

(2) Subject to paragraphs (3) and (4), these Regulations apply to all ships calling at or operating within a harbour or terminal to which these Regulations apply.

(3) These Regulations do not apply to any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being, only on government non- commercial service.

(4) Regulations 11 and 13 do not apply to a ship which is—

(a) a fishing vessel; or

MERCHANT SHIPPING AND FISHING VESSELS (PORT WASTE RECEPTION FACILITIES) REGULATIONS 2019

(b) a recreational craft authorised to carry, or designed to carry no more than

12 passengers.

4. Requirement to provide adequate waste reception facilities

(1) Every harbour authority and terminal operator shall provide waste reception facilities adequate to meet the needs of ships normally using the harbour or terminal in question without causing undue delay to ships.

(2) In paragraph (1) “adequate” means capable of receiving the types and quantities of prescribed wastes from ships normally using that harbour or terminal, taking into account the operational needs of the users of the harbour or terminal, its size and geographical location, the types of ships calling there and any exemptions provided for under Regulation 15.

(3) A harbour authority or terminal operator may, in discharging their duty under paragraph (1), join with any other person in providing the waste reception facilities, and references in these Regulations to the provision of such facilities by a harbour authority or terminal operator shall be construed accordingly; and any such power shall also include power to arrange for the provision of such reception facilities by any other person.

(4) This Regulation is subject to Regulation 15(1).

Direction to provide adequate waste reception facilities

5 Where in respect of any harbour or terminal it appears to the Minister, after consultation with the relevant harbour authority or terminal operator, that—

(a) the harbour or terminal has no waste reception facilities; or

(b) if the harbour or terminal has such facilities, those facilities are not adequate within the meaning in Regulation 4, the Minister, may direct the harbour authority or terminal operator to provide, or arrange for the provision of such waste reception facilities as may be specified in the direction.

6. Requirements regarding waste management plans

(1) Subject to paragraph (3), every harbour authority shall prepare a waste management plan with respect to the provision and use of waste reception facilities in the harbour and the use of those facilities by ships using the harbour and shall submit the plan to the Minister for approval.

(2) The Minister may direct that a terminal operator shall prepare a waste management plan with respect to the provision and use of waste reception facilities for any terminal operated by the terminal operator within a harbour and specified in the direction and submit it to the Minister for approval.

(3) Where the Minister gives a direction under paragraph (2), in preparing a waste management plan under paragraph (1), the harbour authority for the harbour in which the terminal in question is situated shall not be required to deal with the provision and use of waste reception facilities for that terminal, in the waste management plan which it prepares.

MERCHANT SHIPPING AND FISHING VESSELS (PORT WASTE RECEPTION FACILITIES) REGULATIONS 2019

(4) In preparing a waste management plan, the harbour authority or terminal operator shall consult—

(a) persons appearing to the harbour authority or terminal operator to represent the interests of—

(i) persons using the harbour or terminal; and

(ii) persons using the waste reception facilities at the harbour or terminal; and

(b) such other persons (if any) as the harbour authority or terminal operator thinks fit.

(5) A plan prepared under this Regulation shall comply with the requirements in

Schedule 1 to these Regulations.

(6) A harbour authority may, in discharging its duty under paragraph (1) and where required for reasons of efficiency, join with one or more other harbour authorities to prepare a waste management plan with respect to the provision and use of waste reception facilities at the harbours in question.

(7) Where a plan is prepared under paragraph (6), the need for, and availability of waste reception facilities shall be specified for each individual harbour.

(8) This Regulation is subject to Regulation 15(2).

7. Requirements regarding waste management plans: time for submission of first and subsequent plans

(1) Subject to paragraph (2), a harbour authority or terminal operator shall submit its first waste management plan, to the Minister for approval in accordance with Regulation 6(1) or (2), as the case may be—

(a) within three years of the date on which these Regulations come into force; or

(b) within three years of the date on which the Minister prepared such a plan for the harbour or terminal in question.

(2) A harbour authority for a new harbour, or a terminal operator for a new terminal to which a direction under Regulation 6(2) applies, shall submit a waste management plan to the Minister for approval in accordance with Regulation 6(1) or (2), as the case may be, within nine months of the date on which the new harbour or terminal was opened; and for this purpose “new”, in relation to a harbour or terminal, means a facility which commences operations after the coming into force of these Regulations.

(3) A harbour authority or terminal operator shall submit subsequent waste management plans to the Minister for approval in accordance with Regulation 6(1)—

(a) within nine months of any significant change to the operation of the harbour or terminal since the most recent plan was approved by the Minister pursuant to Regulation 8(1) or prepared by him pursuant to Regulation 9; or

MERCHANT SHIPPING AND FISHING VESSELS (PORT WASTE RECEPTION FACILITIES) REGULATIONS 2019

(b) no later than three years after the most recent plan was approved by the Minister pursuant to Regulation 8(1) or prepared by him pursuant to Regulation 9, whichever is the sooner.

8. Approval and implementation of waste management plans

(1) The Minister may either—

(a) reject a plan submitted in accordance with Regulation 6; or

(b) approve the plan with or without modifications.

(2) A plan which has been approved by the Minister pursuant to paragraph (1) or prepared by the Minister pursuant to Regulation 9 shall be implemented by the harbour authority or the terminal operator for the harbour or terminal to which the plan relates.

Power of the Minister to prepare a waste management plan

9 If the Minister is satisfied that a person who is required to prepare a waste management plan is not taking any steps necessary in connection with the preparation of the plan, the Minister may prepare such a plan.

Direction to implement a waste management plan

10 The Minister may direct any harbour authority or terminal operator to take such steps as are specified for the purposes of securing the implementation of a waste management plan in respect of the harbour or terminal in question which has been approved by him pursuant to Regulation 8(1) or prepared by him pursuant to Regulation

9.

11. Notification

(1) The master of a ship bound for a harbour or terminal in Bermuda shall complete a notice in the form set out in Schedule 2 to these Regulations.

(2) Subject to paragraph (3), the information in the notice referred to in paragraph

(1) shall be notified by the master, to the harbour authority for the harbour or terminal in question—

(a) where it is known at which harbour or terminal the ship will be calling, at least 24 hours before the arrival of the ship;

(b) if the harbour or terminal at which the ship will be calling is not known until less than 24 hours before the arrival of the ship at that harbour or terminal, as soon as possible after the harbour or terminal is known; or

(c) where the duration of the voyage is less than 24 hours, at the latest, upon departure from the previous port.

(3) Where a waste management plan approved by the Minister pursuant to Regulation 8(1) or prepared by him pursuant to Regulation 9 specifies that in relation to a specified terminal, the information in the notice referred to in paragraph (1) is to be notified

MERCHANT SHIPPING AND FISHING VESSELS (PORT WASTE RECEPTION FACILITIES) REGULATIONS 2019

to the terminal operator rather than the harbour authority, that information shall be notified by the master, to the terminal operator for the terminal in question—

(a) where it is known that the ship will be calling at the terminal, at least 24 hours before the arrival of the ship; and

(b) where the duration of the voyage is less than 24 hours, at the latest, upon departure from the previous port.

(4) A copy of the notice referred to in paragraph (1) shall be retained on board the ship until at least the next port of call is reached.

(5) The master of a ship bound for a harbour or terminal in Bermuda shall—

(a) if the previous port of call of the ship was a port in a member State; and

(b) if the Chief Marine Surveyor requests it, produce to the Chief Marine Surveyor, immediately on request, a copy of the notice retained, in accordance with paragraph (4).

(6) The master of a Bermuda ship calling at a port of another member State shall—

(a) if the previous port of call of the ship was a port in a member State; and

(b) if the competent authority of that member State requests it, produce to the competent authority, immediately on request, a copy of the notice retained, in accordance with paragraph (4).

12. Delivery of ship-generated waste

(1) Subject to paragraph (2), the master of a ship calling at a harbour or terminal in Bermuda shall ensure that before the ship leaves the harbour or terminal, all ship- generated waste is delivered to a waste reception facility.

(2) A ship may proceed to the next port of call without delivering ship-generated waste if—

(a) the ship-generated waste in question is sewage, and the master of the ship is not required under Regulation 11, to notify information about that waste; or

(b) subject to paragraph (3), it follows from the information notified under Regulation 11(2) or (3) that there is sufficient dedicated storage capacity on board the ship to hold all the ship-generated waste that has been accumulated and all the ship- generated waste that will be accumulated during the intended voyage of the ship, to the port of delivery.

(3) Where—

(a) the Minister is not satisfied that there is sufficient dedicated storage capacity for all ship-generated waste that has been accumulated and

MERCHANT SHIPPING AND FISHING VESSELS (PORT WASTE RECEPTION FACILITIES) REGULATIONS 2019

which will accumulate during the intended voyage of a ship to the port of delivery;

(b) there are good reasons to believe that adequate facilities are not available at the intended port of delivery; or

(c) the intended port of delivery is not known to the Minister, he may give a direction to the master or owner of the ship, requiring the ship-generated waste to be delivered before the ship leaves the harbour or terminal.

13. Charges for ship-generated waste

(1) Subject to paragraph (2), a harbour authority shall make charges (“waste charges”) in respect of ships to which this Regulation applies.

(2) Where a waste management plan approved by the Minister pursuant to Regulation 8(1) or prepared by him pursuant to Regulation 9 specifies that in relation to a specified terminal, the charges under this Regulation are to be made by the terminal operator rather than the harbour authority, the terminal operator shall make charges for ships to which this Regulation applies.

(3) A harbour authority or terminal operator (as the case may be) shall arrange for the amount of the charges made by it, and the basis on which they have been calculated, to be published in such manner as will bring them to the notice of persons likely to be affected.

(4) Any ship using a harbour or terminal shall pay the charges made under paragraph (1) or (2), to the harbour authority or terminal operator, as the case may be.

14. Charges for ship-generated waste: further provisions

(1) Waste charges shall be made at such level as will—

(a) ensure that each ship to which Regulation 13 applies, makes a significant contribution to the costs of waste reception facilities for ship-generated waste in the harbour or terminal, as the case may be (including the costs of the treatment and disposal of waste), irrespective of actual use of the facilities; and

(b) provide no incentive for ships to discharge ship-generated waste into the sea.

(2) In making waste charges for ships, a harbour authority or terminal operator may take into account the category, type and size of the ship.

(3) A harbour authority or terminal operator may make lower waste charges for any ship the environmental management, design, equipment and operation of which are such that the master can demonstrate the ship produces reduced quantities of ship- generated waste.

(4) In making waste charges under Regulation 13(1), a harbour authority may levy the charges, as part of the charges under section 75 of the Marine Board Act 1962.

MERCHANT SHIPPING AND FISHING VESSELS (PORT WASTE RECEPTION FACILITIES) REGULATIONS 2019

15. Exemptions

(1) The Minister may grant an exemption from Regulation 4 in respect of any harbour authority or terminal operator to the extent that, that Regulation requires the harbour authority or terminal operator to provide waste reception facilities for noxious liquid substances.

(2) The Minister may grant an exemption from Regulation 6, in respect of any harbour authority or terminal operator to the extent that, that Regulation requires the harbour authority or terminal operator to prepare a waste management plan with respect to the provision of waste reception facilities for noxious liquid substances.

(3) The Minister may grant an exemption from Regulations 11, 12 and 13 in respect of any ship, where—

(a) the ship is engaged in scheduled traffic with frequent and regular port calls; and

(b) there is sufficient evidence of an arrangement ensuring the delivery of ship- generated waste and payment of charges in a port along the ship’s route.

(4) Any exemption granted under this Regulation shall be given in writing.

(5) The Minister may, on giving reasonable notice, alter or cancel any exemption granted under this Regulation.

16. Delivery of cargo residues

(1) The master of a ship calling at a harbour or terminal in Bermuda shall ensure that cargo residues are delivered to a waste reception facility in accordance with the Convention.

(2) Any charges made for such delivery shall be payable by the user of the facility.

17. Non-compliance or suspected non-compliance

(1) Where—

(a) the master of a ship has not complied with the requirement in Regulation 11(2) or (3) to notify a harbour authority or terminal operator, as the case may be; or

(b) a harbour authority or terminal operator has clear evidence that a ship has proceeded to sea without the master having complied with Regulation 12(1) or 16(1), as the case may be, the harbour authority or terminal operator shall immediately inform the Chief Marine Surveyor.

(2) Where there is clear evidence that a ship has proceeded to sea without having complied with Regulation 12(1) or 16(1), the Minister shall, if the next port of call of the ship is a port of another member State, inform the harbour master or the competent authority of the State in which the port is situated, about the ship and the evidence.

MERCHANT SHIPPING AND FISHING VESSELS (PORT WASTE RECEPTION FACILITIES) REGULATIONS 2019

(3) Where the Chief Marine Surveyor has been informed by another competent authority of a ship in respect of which there is clear evidence of the type mentioned in paragraph (2), the Chief Marine Surveyor shall inspect the ship at the earliest opportunity.

18. Offences and penalties

(1) Any harbour authority or terminal operator who fails to comply with—

(a) any requirement of Regulation 4 in relation to the provision of waste reception facilities;

(b) any requirement of Regulation 6 or 7 to prepare a waste management plan or to submit such a plan to the Minister for approval; or

(c) any direction given under Regulation 5 or 10 in relation to the provision of waste reception facilities or the implementation of a waste management plan, commits an offence and is liable on summary conviction, to a fine not exceeding $10,000 and on conviction on indictment, to an unlimited fine.

(2) Any master who fails to comply with—

(a) any requirement of Regulation 11(2), (3), (5) or (6);

(b) the requirement under Regulation 12(1);

(c) any direction given under Regulation 12(2); or

(d) the requirement under Regulation 16(1), commits an offence and is liable on summary conviction, to a fine not exceeding $10,000 and on conviction on indictment, to an unlimited fine.

(3) Where the master of a ship, in complying with Regulation 11(2) or (3), notifies information which is false in a material particular, the owner of that ship and the master, each commit an offence and is liable on summary conviction, to a fine not exceeding $10,000 and on conviction on indictment, to an unlimited fine.

(4) Where there is a contravention of—

(a) any requirement of Regulation 11(2), (3), (5) or (6);

(b) the requirement under Regulation 12(1);

(c) any direction given under Regulation 12(2); or

(d) the requirement under Regulation 16(1), in respect of a ship, the owner of that ship commits an offence and is liable on summary conviction, to a fine not exceeding $10,000 and on conviction on indictment, to an unlimited fine.

(5) In any proceedings for an offence under these Regulations, it shall be a defence for the defendant to show that all reasonable steps had been taken by him to avoid committing the offence.

MERCHANT SHIPPING AND FISHING VESSELS (PORT WASTE RECEPTION FACILITIES) REGULATIONS 2019

19. Offences by body corporate

(1) Where a body corporate commits an offence under these Regulations and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he, as well as the body corporate commits that offence and is liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, paragraph

(1) shall apply in relation to the acts and defaults of a member in connection with his functions of management, as if he were a director of the body corporate.

20. Inspection and detention of a Bermuda ship

(1) A relevant inspector may inspect any Bermuda ship.

(2) If the inspector is satisfied that ship-generated waste or cargo residues have not been delivered in accordance with Regulation 12(1) or 16(1), he may detain the ship until such waste or residues have been delivered in accordance with those Regulations.

(3) The relevant inspector shall not in the exercise of his power under this Regulation, detain or delay the ship unreasonably.

21. Inspection and detention of ships other than Bermuda ships

(1) A relevant inspector may inspect any ship which is not a Bermuda ship when the ship is in a Bermuda port and, if he is satisfied that ship-generated waste or cargo residues have not been delivered in accordance with Regulation 12(1) or 16(1), he may—

(a) send a report to the government of the country in which the ship is registered; and

(b) detain the ship until such waste or residues have been delivered in accordance with those Regulations, when the ship has called at a Bermuda port in the normal course of business or for operational reasons.

(2) If there is clear evidence that the ship has proceeded to sea without having complied with these Regulations, the inspector shall detain the ship until a more detailed assessment of factors relating to the ship’s compliance with these Regulations (such as the accuracy of any information provided in accordance with Regulation 11), has taken place.

(3) If the ship is detained, the relevant inspector shall forthwith notify the nearest maritime, consular or diplomatic representative of the State whose flag the ship is entitled to fly.

(4) The relevant inspector shall not, in the exercise of his power under this Regulation, detain or delay the ship unreasonably.

MERCHANT SHIPPING AND FISHING VESSELS (PORT WASTE RECEPTION FACILITIES) REGULATIONS 2019

Enforcement of detention

22 Where a ship is liable to be detained under these Regulations, section 242 of the Act (which relates to the detention of a ship) shall apply as if for the words “this Act”, wherever they appear, there were substituted “the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2019”.

23. Arbitration and compensation

(1) Sections 104 and 105 of the Act (arbitration and compensation) shall apply in relation to a detention notice under section 242 of the Act (as applied by Regulation 22) as they apply to a detention notice under section 103(4) of the Act, subject to the modifications in paragraph (2).

(2) The modifications referred to in paragraph (1) are—

(a) references to “relevant inspector” means a person making an inspection under these Regulations;

(b) section 104 shall apply as if the following words were omitted—

(i) in subsection (1) “in pursuance of section 103(4)(b);

(ii) in subsection (3), “to whether the ship was or was not a dangerously unsafe ship”; and

(iii) in subsection (5), “as a dangerously unsafe ship”.

MERCHANT SHIPPING AND FISHING VESSELS (PORT WASTE RECEPTION FACILITIES) REGULATIONS 2019

SCHEDULE 1

(Regulation 6(5)) REQUIREMENTS FOR WASTE MANAGEMENT PLANS

1 Waste management plans shall cover all types of prescribed wastes originating from ships normally visiting the harbour or terminal and shall be developed according to the size of the harbour or terminal and the types of ship calling at that harbour or terminal.

2 A waste management plan shall address the following elements—

(a) an assessment of the need for waste reception facilities, in the light of the need of the ships normally visiting the harbour or terminal;

(b) a description of the type and capacity of waste reception facilities;

(c) a detailed description of the procedures for the reception and collection of prescribed wastes;

(d) a description of the charging system;

(e) procedures for reporting alleged inadequacies of waste reception facilities;

(f) procedures for on-going consultations with persons using the harbour or terminal, waste contractors and other interested parties; and

(g) the type and quantities of prescribed wastes received and handled.

3 A waste management plan shall also include—

(a) a summary of relevant legislation and formalities for delivery;

(b) identification of a person or persons to be responsible for the implementation of the waste management plan;

(c) a description of the pre-treatment equipment and processes in the harbour or terminal, if any;

(d) a description of methods of recording actual use of the waste reception facilities;

(e) a description of methods of recording amounts of prescribed wastes received;

(f) a description of how the prescribed wastes are disposed of.

4 The procedures for reception, collection, storage, treatment and disposal should conform in all respects to an environmental management scheme suitable for the progressive reduction of the environmental impact of these activities.

5 The waste management plan shall provide for the following information to be made available to persons using the harbour or terminal—

MERCHANT SHIPPING AND FISHING VESSELS (PORT WASTE RECEPTION FACILITIES) REGULATIONS 2019

(a) brief reference to fundamental importance of proper delivery of prescribed wastes;

(b) location of waste reception facilities applicable to each berth, with a diagram or map;

(c) list of prescribed wastes normally dealt with;

(d) list of contact points, the operators and the services offered;

(e) description of procedures for delivery;

(f) description of charging system; and

(g) procedures for reporting alleged inadequacies of waste reception facilities.

MERCHANT SHIPPING AND FISHING VESSELS (PORT WASTE RECEPTION FACILITIES) REGULATIONS 2019

SCHEDULE 2

(Regulation 11) INFORMATION TO BE NOTIFIED BEFORE ENTRY INTO PORT

1. Information to be notified before entry into the port of…………………………………

2. Flag state:

3. Estimated time of arrival (ETA):

4. Estimated time of departure (ETD):

5. Previous port of call:

6. Next port of call:

7. Last port and date when ship-generated waste was delivered, including the quantities

(in m3) and the types of waste that were delivered:

8. Are you delivering (tick appropriate box):

9. All……………….……some…………………....none……………………..of your waste into port reception facilities?

percentage of maximum storage capacity: If delivering all waste, complete second and last columns as appropriate. If delivering some or no waste, complete all columns. Type Waste to be Maximum Amount of Port at Estimated Waste that delivered dedicated waste which amount of has been (m3) storage retained on remaining waste to be delivered capacity board (m3) waste will generated at the last (m3) be delivered between port of notification delivery and next identified port of call under (m3) point 7 above (m3) Waste oils Oily bilge Oily residues Other (specify) 1 Sewage Garage

1 Sewage may be discharged at sea in accordance with Regulation 11 of Marpol Annex IV. The corresponding boxes do not need to be completed if it is the intention to make an authorised discharge at sea.

MERCHANT SHIPPING AND FISHING VESSELS (PORT WASTE RECEPTION FACILITIES) REGULATIONS 2019

Type Waste to be Maximum Amount of Port at Estimated Waste that delivered dedicated waste which amount of has been (m3) storage retained on remaining waste to be delivered capacity board (m3) waste will generated at the last (m3) be delivered between port of notification delivery and next identified port of call under (m3) point 7 above (m3) Plastics Food wastes Domestic wastes (e.g. paper products, rags, glass, metal Cooking oil Incinerate or ashes Animal carcass(es) Cargo 2 residues Notes

1. This information may be used for port State control and other inspection purposes.

2. Member States will determine which bodies will receive copies of this notification.

3. This form is to be completed unless the ship is covered by an exemption. Confirm that:

— the above details are accurate and correct, and — there is sufficient dedicated onboard capacity to store all waste generated between notification and the next port at which waste will be delivered.

Date ............................................................................. Time ............................................................................ Signature

2 May be estimates.

MERCHANT SHIPPING AND FISHING VESSELS (PORT WASTE RECEPTION FACILITIES) REGULATIONS 2019

Made this 16th day of October 2019

Minister of Tourism and Transport

[Operative Date: 17 October 2019]