The UK Department for Transport issued a post-implementation review of the ship-to-ship transfer regulations, informing that the targets and intended effects of the regulations have been achieved.
The objectives of the Merchant Shipping (Ship-to-Ship Transfers) 2010 Regulations were to control the transfer of cargo and bunkers (fuel used for international aviation and maritime transport) which are wholly (or mainly) of oil from ship to ship (STS) and maintain the good safety record for this type of activity.
The coming into force of the 2010 Regulations would have ensured that all STS transfers within the UK territorial sea took place within harbour areas where additional resources are available to combat any pollution incidents that might occur. In order for STS transfers to be undertaken within a statutory harbour area under the 2010 Regulations, the harbour authority would have to apply for an oil transfer licence. The 2010 Regulations were deemed too restrictive and so deferred by the Government to allow for amendments to be made to them.
The intended effects of the 2010 Regulations as amended by the 2012 Regulations were:
- that operators should have a wider choice of safe locations for STS operations either within approved harbour areas or within a designated area of the UK territorial sea while not compromising safety
- to reduce the risks of STS transfers being undertaken in less safe areas outside of the UK territorial sea by allowing STS transfers to be undertaken within the UK territorial sea at a designated area;
- to implement the notification system set out in Chapter 8 of MARPOL Annex I for transfers outside UK territorial waters in UK law;
- that small scale bunkering and lightering (the process of transferring cargo between vessels of different sizes) operations should be unaffected by the regulations; and
- to implement Article 6 of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna where cargo transfers are likely to have a significant effect on a European site (as defined in the Regulations).
Based on the data kept by the MCA and through an assessment of the responses to the stakeholder engagement exercise, UK DfT considers that the objectives and intended effects of the STS Regulations have been successfully achieved. The stakeholder responses were genuinely positive.
On the whole the comments were that the current set up was effective and successful and that there is no significant evidence that such a change would be necessary or beneficial, especially since the number of STS transfers taking place in the UK territorial waters off the coast of Southwold has decreased significantly since the STS Regulations came into force. None of the respondees were aware of any elements of Chapter 8 of MARPOL Annex I which have not been incorporated into domestic legislation and there have been no reports that this is not being adhered to effectively, or evidence to indicate any issues with regard to the requirements to give notice or to produce an approved STS Transfer plan and there is also no sign that small scale bunkering and lightering operations have been negatively affected.
The level of STS transfers taking place in the designated area off the coast of Southwold has dropped significantly since 2012 (from 201 in 2012 to 39 in 2014).
Recommendations
Concluding, UK DfT recommends that the Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010 and (Amendment) Regulations 2012 (STS Regulations) are renewed. STS Regulations are having the desired effect and the impacts are minimal, so UK DfT does not recommend removal of the STS Regulations.
Next steps include preparation of new legislation to renew the existing measure before the existing legislation ceases to have effect on 31 March 2019. When the legislation is renewed, the existing sunset provisions should be amended to reflect the start of a new cycle of review and set a new expiry date of 31 March 2024.
Other than amending the sunset clause the rest of the regulation should be renewed as per the original STS Regulations, except for inserting another review clause stating that the next PIR must be completed by 31 March 2022, five years after the deadline date for this review, 31 March 2017.
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Hello
I was wondering if there is another area recognized by the uk in order to carry ship to ship transfer than off southwold?