MERCHANT SHIPPING (SOLAS VII - CARRIAGE OF DANGEROUS GOODS) REGULATIONS 2015 PART 2 - CARRIAGE OF DANGEROUS GOODS IN PACKAGED FORM 7

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1 Merhant Shipping (SOLAS VII - Carriage of Dangerous Goods) Index MERCHANT SHIPPING (SOLAS VII - CARRIAGE OF DANGEROUS GOODS) REGULATIONS 2015 Index Regulation Page PART 1 - INTRODUCTORY 3 1 Title Commenement Appliation Interpretation Company s responsibility Provisions relating to offenes... 6 PART 2 - CARRIAGE OF DANGEROUS GOODS IN PACKAGED FORM 7 7 Appliation of this Part Interpretation for this Part Requirements for the arriage of dangerous goods in pakaged form Exemption IMDG Code Douments Cargo seuring manual Reporting of inidents involving dangerous goods in pakaged form... 8 PART 3 CARRIAGE OF DANGEROUS GOODS IN SOLID FORM IN BULK 9 14 Interpretation for this Part Requirements for the arriage of dangerous goods in solid form in bulk Exemption IMSBC Code Douments Stowage and segregation requirements Reporting of inidents involving arriage of dangerous goods in solid form in bulk PART 4 - CONSTRUCTION AND EQUIPMENT OF SHIPS CARRYING DANGEROUS LIQUID CHEMICALS IN BULK Appliation of this Part Requirement to omply with the IBC Code V06 Page 1

2 Index Merhant Shipping (SOLAS VII - Carriage of Dangerous Goods) PART 5 - CONSTRUCTION AND EQUIPMENT OF SHIPS CARRYING LIQUEFIED GASES IN BULK Appliation of this Part Requirement to omply with the IGC Code PART 6 PROVISIONS RELATING TO PARTS 4 AND Aident or defet with a gas arrier or hemial tanker Equivalent arrangements IBC Code and IGC Code Certifiates may be withdrawn Prohibition on engaging on voyages without a valid ertifiate PART 7 GENERAL PROVISIONS Aident or defet reporting Approval Equivalent arrangements PART 8 FOREIGN SHIPS Requirement to omply with provisions of SOLAS Chapter VII Inspetion of a foreign ship Provisions relating to enforement and detention of a foreign ship PART 9 CONSEQUENTIAL AMENDMENTS Revoations Consequential amendments Page 2 V06

3 Merhant Shipping (SOLAS VII - Carriage of Dangerous Goods) Regulation 1 Statutory Doument No. 2015/0230 Merhant Shipping At 1985 MERCHANT SHIPPING (SOLAS VII - CARRIAGE OF DANGEROUS GOODS) REGULATIONS 2015 Laid before Tynwald: 21 July 2015 Coming into Operation: 1 August 2015 The Department of Eonomi Development, having arried out the onsultation required by setion 1 and setion 2(2) of the Merhant Shipping At 1985, makes the following Regulations under setions 1 and 2 of that At. PART 1 - INTRODUCTORY 1 Title These Regulations are the Merhant Shipping (SOLAS VII - Carriage of Dangerous Goods). 2 Commenement These Regulations ome into operation on 1 August Appliation (1) Unless provided otherwise and subjet to paragraph (2) Parts 2 to 7 apply to a Manx ship wherever it may be; and Part 8 applies to a foreign ship while it is in the territorial waters of the Island. (2) These Regulations do not apply to () (d) (e) ships of war and troopships; ships not propelled by mehanial means; wooden ships of primitive build; pleasure vessels; and fishing vessels. V06 Page 3

4 Regulation 4 Merhant Shipping (SOLAS VII - Carriage of Dangerous Goods) 4 Interpretation In these Regulations argo ship means any ship whih is not a passenger ship; hemial tanker means a argo ship onstruted or adapted and used for the arriage in bulk of any liquid produt listed in Chapter 17 of the IBC Code; Company means the owner of a ship or any other organisation or person suh as the manager, or the bareboat harterer, who has assumed responsibility for operation of the ship from the owner and who, on assuming suh responsibility, has agreed to take over all the duties and responsibilities imposed by the SOLAS Convention; Convention ountry means a ountry whih has onsented to be bound by the SOLAS Convention; dangerous goods means the substanes, materials and artiles overed by the IMDG Code; Department means the Department of Eonomi Development; fishing vessel means a vessel used for athing fish, whales, seals, walrus or other living resoures of the sea; foreign ship means any ship that is not a Manx ship; gas arrier means a argo ship onstruted or adapted and used for the arriage in bulk of any liquefied gas or other produt listed in Chapter 19 of the IGC Code; IBC Code means IGC Code means up to and inluding 31 Deember 2015, the International Code for the Constrution and Equipment of Ships Carrying Dangerous Chemials in Bulk, and inludes all amendments made to that Code up to and inluding those adopted by IMO Resolutions MSC.340(91) and MEPC.225(64), both of whih ame into fore on 1 June 2014; and from 1 January 2016, the International Code for the Constrution and Equipment of Ships Carrying Dangerous Chemials in Bulk, and inludes all amendments made to that Code up to and inluding those adopted by IMO Resolution MSC.369(93) on 22 May 2014; up to and inluding 31 Deember 2015, the International Code for the Constrution and Equipment of Ships Carrying Liquefied Gases in Bulk and inludes all amendments to that Code up to and inluding those adopted by IMO Resolution MSC.225(82) whih ame into fore on 1 July 2008; and Page 4 V06

5 Merhant Shipping (SOLAS VII - Carriage of Dangerous Goods) Regulation 4 IMDG Code means from 1 January 2016, the International Code for the Constrution and Equipment of Ships Carrying Liquefied Gases in Bulk and inludes all amendments made to that Code up to and inluding those adopted by IMO Resolution MSC.370(93) on 22 May 2014; up to and inluding 31 Deember 2015, the International Maritime Dangerous Goods Code (2012 edition) and inludes all amendments made to that Code up to and inluding Amendment adopted by IMO Resolution MSC.328(90) and whih ame into fore on 1 January 2014; and from 1 January 2016, the International Maritime Dangerous Goods Code and inludes all amendments made to that Code up to and inluding those adopted by IMO Resolution MSC.372(93) on 22 May 2014; IMO means the International Maritime Organization; inspetor means a person appointed as an inspetor under setion 3(1) of the Merhant Shipping At 1985; Manx ship has the meaning given by setion 1 of the Merhant Shipping Registration At 1991 and inludes a ship registered under Part IV of that At (the Demise Charter Register) or under Part 3 of the Harbours At 2010 (pleasure raft and ertain other vessels); MSN means a Manx Shipping Notie issued by the Department and inludes any doument amending the same; pleasure vessel has the meaning given by regulation 6 of the Merhant Shipping (Pleasure Vessel) Regulations ; RO means any reognised organisation speified in MSN 020 whih is authorised by the Department to undertake the speified funtion; ship onstruted means a ship the keel of whih is laid or whih is at a similar stage of onstrution; similar stage of onstrution means the stage at whih onstrution identifiable with a speifi ship begins and assembly of that ship has ommened omprising at least 50 tonnes or 1% of the estimated mass of all strutural material, whihever is less; SOLAS Chapter 1 means Chapter 1 of the SOLAS Convention inluding all amendments made to that Chapter up to and inluding MSC.204(81) whih was adopted by IMO on 18 May 2006; SOLAS Chapter VII means Chapter VII of the SOLAS Convention inluding all amendments made to that Chapter up to and inluding those adopted 1 SD 396/03 V06 Page 5

6 Regulation 5 Merhant Shipping (SOLAS VII - Carriage of Dangerous Goods) by IMO Resolution MSC.325(90) on 24 May 2012 and whih ame into fore on 1 January 2014; SOLAS Convention means the International Convention for the Safety of Life at Sea 1974, as amended by the Protool of 1988; tanker means a argo ship onstruted or adapted for the arriage in bulk of liquid argoes of an inflammable nature; and territorial waters of the Island means the territorial sea adjaent to the Island; and any waters within the area that extend landward from the baselines from whih the breadth of the territorial sea is measured as far as the mean high water mark of ordinary spring tides. 5 Company s responsibility (1) A Company must ensure a ship omplies with suh of the requirements of Parts 2 to 8 as apply to a ship of its desription. (2) Paragraph (1) applies whether or not these Regulations impose an obligation on another person. (3) A Company who fails to omply with paragraph (1) ommits an offene and is liable on onvition on information, to ustody for not more than 2 years, a fine, or both; on summary onvition, to a fine not exeeding 5, Provisions relating to offenes (1) It is a defene for a person harged under these Regulations to show that he or she took all reasonable steps to avoid the ommission of the offene. (2) If the ommission by any person of an offene under these Regulations is due to the at or default of some other person, that other person is guilty of the offene, and a person may be harged with and onvited of the offene by virtue of this artile whether or not proeedings are taken against the first-mentioned person. (3) If a body orporate is guilty of an offene under these Regulations, and that offene is proved to have been ommitted with the onsent or onnivane of, or to have been attributable to any neglet on the part of a diretor, manager, seretary or other similar offier of the body orporate, or any person who was purporting to at in any suh apaity, he or she, as well as the body orporate, is guilty of that offene and is liable to be proeeded against and punished aordingly. Page 6 V06

7 Merhant Shipping (SOLAS VII - Carriage of Dangerous Goods) Regulation 7 (4) If the affairs of a body orporate are managed by its members, paragraph (3) applies in relation to the ats and defaults of a member in onnetion with his or her funtions of management as if the member were a diretor of the body orporate. (5) For the purposes of this artile, body orporate inludes a limited liability ompany onstituted under the Limited Liability Companies At 1996 and, in relation to that ompany, any referene to a diretor or other offier of a body orporate is a referene to a member and to the ompany s manager and registered agent. PART 2 - CARRIAGE OF DANGEROUS GOODS IN PACKAGED FORM 7 Appliation of this Part The provisions of this Part do not apply to a ship s stores or equipment. 8 Interpretation for this Part In this Part pakaged form means the form of ontainment speified in the IMDG Code. 9 Requirements for the arriage of dangerous goods in pakaged form (1) The arriage of dangerous goods in pakaged form is prohibited, unless they are arried in aordane with this Part. (2) Dangerous goods in pakaged form must be arried in ompliane with the IMDG Code. 10 Exemption IMDG Code (1) In aordane with the IMDG Code, Chapter , the Department may issue an exemption from speifi provisions of the IMDG Code onerning the transport of a harmful substane if it is satisfied that the alternative transport provisions are at least as effetive and safe as those required by that Code. (2) A opy of an exemption issued in aordane with paragraph (1) must aompany eah onsignment when offered to the arrier for transport under the terms of the exemption. (3) A paper or eletroni opy of the exemption must also be maintained on board eah ship transporting a harmful substane in aordane with the exemption. (4) The reipient of the exemption must notify other ompetent authorities onerned, prior to any shipment overed by that exemption. V06 Page 7

8 Regulation 11 Merhant Shipping (SOLAS VII - Carriage of Dangerous Goods) 11 Douments (1) Transport information relating to the arriage of dangerous goods in pakaged form and the ontainer/vehile paking ertifiate must be in aordane with the relevant provisions of the IMDG Code; and made available to the person or organisation designated by the port State authority. (2) A ship arrying dangerous goods in pakaged form must have a speial list, manifest or stowage plan setting forth, in aordane with the relevant provisions of the IMDG Code, the dangerous goods on board and the loation of those goods. (3) A opy of one of the douments referred to in paragraph (2) must be made available before departure to the person or organisation designated by the port State authority. 12 Cargo seuring manual (1) Cargo, argo units and argo transport units must be loaded, stowed and seured throughout the voyage in aordane with a Cargo Seuring Manual approved by the Department or RO. (2) The Cargo Seuring Manual must be drawn up to a standard at least equivalent to the guidelines developed by the IMO speified in MSN 056. (3) In this regulation argo unit means a vehile, ontainer, flat, pallet, portable tank, pakaged unit, wheeled argo, loading equipment or any part thereof, or any other entity whih belongs to the ship but is not fixed to the ship. 13 Reporting of inidents involving dangerous goods in pakaged form (1) If an inident takes plae involving the loss or likely loss overboard of dangerous goods in pakaged form into the sea, the master, or other person having harge of the ship, must report the partiulars of the inident without delay and to the fullest extent possible to the nearest oastal State. (2) The report in paragraph (1) must be drawn up based on general priniples and guidelines developed by the IMO speified in MSN 056. (3) If the ship referred to in paragraph (1) is abandoned, or if the report from the ship is inomplete or unobtainable, the Company must, to the fullest extent possible, assume the obligations plaed upon the master by paragraph (1). (4) A master, or other person having harge of the ship, who fails to omply with paragraphs (1) or (2) ommits an offene and is liable Page 8 V06

9 Merhant Shipping (SOLAS VII - Carriage of Dangerous Goods) Regulation 14 on onvition on information, to ustody for not more than 2 years, a fine, or both; on summary onvition, to a fine not exeeding 5,000. PART 3 CARRIAGE OF DANGEROUS GOODS IN SOLID FORM IN BULK 14 Interpretation for this Part In this Part dangerous goods in solid form in bulk means any material, other than liquid or gas, onsisting of a ombination of partiles, granules or any larger piees of material, generally uniform in omposition, whih is overed by the IMDG Code and is loaded diretly into the argo spaes of a ship without any intermediate form of ontainment, and inludes those materials loaded in a barge on a barge-arrying ship; and IMSBC Code means the International Maritime Solid Bulk Cargoes Code inluding all amendments made to that Code up to and inluding Amendment adopted by IMO Resolution MSC.354(92) and whih ame into fore on 1 January Requirements for the arriage of dangerous goods in solid form in bulk (1) The arriage of dangerous goods in solid form in bulk is prohibited unless they are arried in aordane with this Part. (2) Dangerous goods in solid form in bulk must be arried in ompliane with the IMSBC Code. 16 Exemption IMSBC Code (1) In aordane with the IMSBC Code, Chapter 1.5, where that Code requires ompliane with a partiular provision for the transport of solid bulk argoes, the Department may authorise any other provision by exemption if it is satisfied that the provision is at least as effetive and safe as that required by the IMSBC Code. (2) A paper or eletroni opy of an exemption issued in aordane with paragraph (1) must be maintained on board eah ship transporting solid bulk argoes in aordane with the exemption. (3) The reipient of the exemption must notify other ompetent authorities onerned, prior to any shipment overed by that exemption. V06 Page 9

10 Regulation 17 Merhant Shipping (SOLAS VII - Carriage of Dangerous Goods) 17 Douments (1) In all douments relating to the arriage of dangerous goods in solid form in bulk by sea, the bulk argo shipping name of the goods must be used. To avoid doubt, the trade name alone may not be used. (2) A ship arrying dangerous goods in solid form in bulk must have a speial list or manifest setting out the dangerous goods on board and their loation. (3) A detailed stowage plan, whih identifies by lass and sets out the loation of all dangerous goods on board, may be used in plae of the speial list or manifest in paragraph (2). (4) A opy of one of the douments listed in paragraphs (2) or (3) must be made available before departure to the person or organisation designated by the port State authority. 18 Stowage and segregation requirements (1) Dangerous goods in solid form in bulk must be loaded and stowed safely and appropriately as speified in the IMSBC Code, in aordane with the nature of the goods. (2) In aordane with the IMSBC Code, inompatible goods must be segregated from one another. (3) Dangerous goods in solid form in bulk whih are liable to spontaneous heating or ombustion must not be arried unless adequate preautions have been taken to minimise the likelihood of the outbreak of fire in aordane with the IMSBC Code. (4) Dangerous goods in solid form in bulk whih give off dangerous vapours must be stowed in a well-ventilated argo spae. 19 Reporting of inidents involving arriage of dangerous goods in solid form in bulk (1) If an inident takes plae involving the loss or likely loss overboard of dangerous goods in solid form in bulk into the sea, the master, or other person having harge of the ship, must report the partiulars of the inident without delay and to the fullest extent possible to the nearest oastal State. (2) The report in paragraph (1) must be drawn up based on general priniples and guidelines developed by the IMO speified in MSN 056. (3) In the event of the ship in paragraph (1) being abandoned, or if the report from the ship is inomplete or unobtainable, the Company must, to the fullest extent possible, assume the obligations plaed upon the master by paragraph (1). Page 10 V06

11 Merhant Shipping (SOLAS VII - Carriage of Dangerous Goods) Regulation 20 (4) A master, or other person having harge of the ship, who fails to omply with paragraphs (1) or (2) ommits an offene and is liable on onvition on information, to ustody for not more than 2 years, a fine, or both; on summary onvition, to a fine not exeeding 5,000. PART 4 - CONSTRUCTION AND EQUIPMENT OF SHIPS CARRYING DANGEROUS LIQUID CHEMICALS IN BULK 20 Appliation of this Part This Part applies to hemial tankers onstruted on or after 1 July Requirement to omply with the IBC Code (1) A hemial tanker must omply with the requirements of the IBC Code. (2) A hemial tanker must, in addition to the requirements of SOLAS Chapter 1, regulations 8, 9 and 10, as appliable, be surveyed and ertified as provided for in the IBC Code. (3) For the purposes of the IBC Code Chapter 1, paragraph , surveys may be arried out by the Department or an RO. (4) For the purposes of the IBC Code, Chapter , a renewal survey must be onduted at intervals not exeeding 5 years, exept if the IBC Code setion , , or is appliable. (5) For the purposes of the IBC Code, Chapter , an International Certifiate of Fitness for the Carriage of Dangerous Chemials in Bulk is valid for the period stated in it, whih must not exeed 5 years. (6) For the purposes of the IBC Code, Chapter , the speial irumstanes are as speified in MSN 056. (7) Any referene in the IBC Code to Administration is to be read as a referene to the Department or RO, subjet to any more speifi provision in these Regulations. (8) A ship whih is onverted to a hemial tanker must be treated as a hemial tanker onstruted on the date on whih the onversion ommened. V06 Page 11

12 Regulation 22 Merhant Shipping (SOLAS VII - Carriage of Dangerous Goods) PART 5 - CONSTRUCTION AND EQUIPMENT OF SHIPS CARRYING LIQUEFIED GASES IN BULK 22 Appliation of this Part This Part applies to gas arriers onstruted on or after 1 July Requirement to omply with the IGC Code (1) A gas arrier must omply with the requirements of the IGC Code and must, in addition to the requirements of SOLAS Chapter 1, regulations 8, 9 and 10, as appliable, be surveyed and ertified as provided for in the IGC Code. (2) In aordane with the IGC Code, Chapter , a survey may be arried out by the Department or an RO. (3) For the purposes of the IGC Code, Chapter , a renewal survey must be onduted at intervals not exeeding 5 years, exept if the IGC Code Chapter , , or is appliable. (4) For the purposes of the IGC Code, Chapter , an International Certifiate of Fitness for the Carriage of Liquefied Gases in Bulk is valid for the period stated in it whih must not exeed 5 years. (5) For the purposes of the IGC Code, Chapter , the speial irumstanes are speified in MSN 056. (6) Any referene in the IGC Code to Administration is to be read as a referene to the Department or RO, subjet to any more speifi provision in these Regulations. (7) A ship whih is onverted to a gas arrier must be treated as a gas arrier onstruted on the date on whih the onversion ommened. PART 6 PROVISIONS RELATING TO PARTS 4 AND 5 24 Aident or defet with a gas arrier or hemial tanker (1) In aordane with Chapter of the IBC Code and the IGC Code, if an aident ours to a ship, or a defet is disovered either of whih affets the safety of the ship or the effiieny or ompleteness of its lifesaving applianes or other equipment overed by the IBC or the IGC Code, the ship s master or Company must report at the earliest opportunity to the Department and RO responsible for issuing the relevant ertifiate, and in any ase no later than 48 hours after the aident or disovery of the defet. Page 12 V06

13 Merhant Shipping (SOLAS VII - Carriage of Dangerous Goods) Regulation 25 (2) If the ship is in the port of another Convention ountry the master or Company must also report immediately to the appropriate authorities of the port State. (3) A master who fails to omply with paragraphs (1) or (2) ommits an offene and is liable on onvition on information, to ustody for not more than 2 years, a fine, or both; on summary onvition, to a fine not exeeding 5, Equivalent arrangements IBC Code and IGC Code (1) In aordane with Chapter 1.4 of the IBC Code and the IGC Code, if either Code requires that a partiular fitting, material, appliane, apparatus, item of equipment or type thereof must be fitted or arried in a ship, or that any partiular provision must be made, or any proedure or arrangement must be omplied with, the Department may allow any other fitting, material, appliane, apparatus, item of equipment or type thereof to be fitted or arried, or any other provision, proedure or arrangement to be made in that ship. (2) An equivalent arrangement may only be permitted under paragraph (1) if the Department is satisfied by trial thereof or otherwise that suh fitting, material, appliane, apparatus, item of equipment or type thereof or that any partiular provision, proedure or arrangement is at least as effetive as required by the IBC Code or the IGC Code. This is subjet to the following qualifiation. (3) An operational method or proedure must not be used as an alternative to a partiular fitting, material, appliane, apparatus, item of equipment or type of equipment whih is presribed by the IBC Code or the IGC Code, unless that substitution is speifially allowed by the IBC Code or the IGC Code. 26 Certifiates may be withdrawn The Department or, with the permission of the Department an RO, may withdraw an International Certifiate of Fitness for the Carriage of Dangerous Chemials in Bulk or an International Certifiate of Fitness for the Carriage of Liquefied Gases in Bulk if the ondition of a ship or its equipment does not orrespond substantially with the partiulars of that ertifiate; or the ship is not fit to proeed to sea without danger to the ship or persons on board, and V06 Page 13

14 Regulation 27 Merhant Shipping (SOLAS VII - Carriage of Dangerous Goods) any required orretive ation has not been taken. 27 Prohibition on engaging on voyages without a valid ertifiate (1) A hemial tanker must not engage on a voyage without a valid International Certifiate of Fitness for the Carriage of Dangerous Chemials in Bulk. (2) A gas arrier must not engage on a voyage without a valid International Certifiate of Fitness for the Carriage of Liquefied Gases in Bulk. (3) If a hemial tanker attempts to engage on a voyage in ontravention of paragraph (1), or a gas tanker attempts to engage on a voyage in ontravention of paragraph (2), the master ommits an offene and is liable on onvition on information, to ustody for not more than 2 years, a fine, or both; on summary onvition, to a fine not exeeding 5,000. PART 7 GENERAL PROVISIONS 28 Aident or defet reporting (1) If an aident ours to a ship or a defet is disovered, either of whih affets the safety of the ship or the effiieny or ompleteness of its lifesaving applianes or other equipment; if the ship is in a port of another Convention ountry, the Company or master must report immediately to the appropriate authorities of the port State. (2) To avoid doubt, this is in addition to the requirements of regulation 8 of the Merhant Shipping (Survey and Certifiation) Regulations 1999 [1] to report the aident or defet to the Department and any RO responsible for the issue of the relevant ertifiate. (3) A master who fails to omply with paragraph (1) ommits an offene and is liable on onvition on information, to ustody for not more than 2 years, a fine, or both; on summary onvition, to a fine not exeeding 5, Approval (1) If SOLAS Chapter VII or any part of a Code applied by SOLAS Chapter VII requires anything to be approved by the Administration, it must be approved by the Department or an RO. [1] SD 352/99 Page 14 V06

15 Merhant Shipping (SOLAS VII - Carriage of Dangerous Goods) Regulation 30 (2) An approval speified in paragraph (1) is valid only if it is in writing; and any onditions stated in it are omplied with. (3) In this regulation Code means the IMDG Code, the IMSBC Code, the IBC Code or the IGC Code. 30 Equivalent arrangements (1) In aordane with SOLAS Chapter 1 regulation 5, if SOLAS Chapter VII, requires that a partiular fitting, material, appliane or apparatus, or type thereof, must be fitted or arried in a ship; or any partiular provision must be made, the Department may allow any other fitting, material, appliane or apparatus, or type thereof, to be fitted or arried, or any other provision to be made in that ship. (2) An equivalent arrangement may only be permitted under paragraph (1) if the Department is satisfied by trial thereof or otherwise that the other fitting, material, appliane or apparatus, or type thereof, or provision, is at least as effetive as that required by SOLAS Chapter VII. (3) This regulation is subjet to regulation 25. PART 8 FOREIGN SHIPS 31 Requirement to omply with provisions of SOLAS Chapter VII A foreign ship in the territorial waters of the Island must be onstruted, equipped and operated in aordane with the requirements of SOLAS Chapter VII; and in all respets remains fit to proeed to sea without danger to the ship or persons on board. 32 Inspetion of a foreign ship (1) Subjet to paragraphs (2) and (3), an inspetor may inspet a foreign ship in a port of the Island to verify one or more of the following the ship is onstruted, equipped and operated in aordane with the requirements of SOLAS Chapter VII; and the ship in all respets remain fit to proeed to sea without danger to the ship or persons on board. V06 Page 15

16 Regulation 33 Merhant Shipping (SOLAS VII - Carriage of Dangerous Goods) (2) If a foreign ship is a hemial tanker, in addition to the provisions of paragraph (1), an inspetor may inspet the ship to verify that there is on board a valid International Certifiate of Fitness for the Carriage of Dangerous Chemials in Bulk. (3) If a foreign ship is a gas arrier, in addition to the provisions of paragraph (1), an inspetor may inspet the ship to verify that there is on board a valid International Certifiate of Fitness for the Carriage of Liquefied Gases in Bulk. 33 Provisions relating to enforement and detention of a foreign ship (1) If an inspetor arries out an inspetion in aordane with regulation 32 and finds that () (d) the ship is not onstruted, equipped and operated in aordane with SOLAS Chapter VII; the ship is not fit to proeed to sea without danger to the ship or persons on board; the ertifiates referred to in regulations 32(2) or (3) are not produed or maintained, or do not ontain the information required by the IBC Code or IGC Code as appliable, or is otherwise invalid; there are lear grounds for believing that the ondition of the ship or its equipment does not orrespond substantially with the partiulars of the ertifiate; or (e) the ship and its equipment are not in ompliane with the provisions of SOLAS Chapter 1 regulation 11 and, the ship may be detained. (2) A ship detained in aordane with paragraph (1) is not permitted to sail until it an proeed to sea or leave the port for the purpose of proeeding to the nearest appropriate repair yard available without danger to the ship or persons on board. (3) If an inspetion is onduted or when measures are taken in aordane with paragraph (1), all reasonable efforts must be made to avoid a ship being unreasonably detained or delayed. (4) If a ship is detained in aordane with this regulation, setion 74 of the Merhant Shipping Registration At 1991 (whih relates to the detention of a ship) has effet, subjet to the modifiations In sub-setions (1) and (2), after offier of the Department, insert «or any inspetor,»; in sub-setion (3), for this At (wherever ourring) substitute «the SOLAS Chapter VII Regulations»; and Page 16 V06

17 Merhant Shipping (SOLAS VII - Carriage of Dangerous Goods) Regulation 34 () after sub-setion (3) add «(4) In this setion inspetor has the meaning given by regulation 4 of the SOLAS Chapter VII Regulations; and SOLAS Chapter VII Regulations means the Merhant Shipping (SOLAS VII Carriage of Dangerous Goods).» PART 9 CONSEQUENTIAL AMENDMENTS 34 Revoations The following are revoked Merhant Shipping (Dangerous Goods and Marine Pollutants) Regulations ; Merhant Shipping (Dangerous Goods and Marine Pollutants)(Amendment) Regulations ; and () Merhant Shipping (Gas Carriers) Regulations Consequential amendments (1) The Merhant Shipping (Fire Protetion) Regulations , as applied to the Island by the Merhant Shipping (Safety Provisions)(Appliation) Order , are amended as follows. In regulation 1(2) (i) for the definition of hemial tanker substitute «hemial tanker means a argo ship onstruted or adapted and used for the arriage in bulk of any liquid produt listed in Chapter 17 of the IBC Code;». (ii) for the definition of Code for the Constrution and Equipment of Ships Carrying Dangerous Chemials in Bulk substitute «Code for the Constrution and Equipment of Ships Carrying Dangerous Chemials in Bulk means the Code so entitled adopted by the IMO and inludes all amendments made to that Code up to and 2 SD 627/00 3 SD 896/06 4 SD 466/95 5 SI 1984 no GC 38/85 V06 Page 17

18 Regulation 35 Merhant Shipping (SOLAS VII - Carriage of Dangerous Goods) (iii) inluding those adopted by IMO Resolution MSC.212(81) on 18 May 2006 and whih ame into fore on 1 August 2007;». the definition of Code for the Constrution and Equipment of Ships Carrying Liquefied Gases in Bulk is omitted. (iv) for the definition of dangerous goods substitute «dangerous goods means the substanes, materials and artiles overed by the IMDG Code;» (v) for the definition of gas arrier substitute «gas arrier means a argo ship onstruted or adapted and used for the arriage in bulk of any liquefied gas or other produt listed in Chapter 19 of the IGC Code;». (vi) (vii) for the definition of International Code for the Constrution and Equipment of Ships Carrying Dangerous Chemials in Bulk substitute «International Code for the Constrution and Equipment of Ships Carrying Dangerous Chemials in Bulk or IBC Code has the meaning given by the definition of IBC Code in regulation 4 of the Merhant Shipping (SOLAS VII Carriage of Dangerous Goods) ;» for the definition of International Code for the Constrution and Equipment of Ships Carrying Liquefied Gases in Bulk substitute «International Code for the Constrution and Equipment of Ships Carrying Liquefied Gases in Bulk or IGC Code has the meaning given by the definition of IGC Code in regulation 4 of the Merhant Shipping (SOLAS VII Carriage of Dangerous Goods) Regulations 2015;» (viii) for the definition of International Maritime Dangerous Goods Code substitute (ix) «International Maritime Dangerous Goods Code or IMDG Code has the meaning given by the definition of IMDG Code in regulation 4 of the Merhant Shipping (SOLAS VII Carriage of Dangerous Goods) Regulations 2015;». after the definition of International Maritime Dangerous Goods Code (IMDG Code) insert Page 18 V06

19 Merhant Shipping (SOLAS VII - Carriage of Dangerous Goods) Regulation 35 «IMO means the International Maritime Organization;». For regulation 1(3) substitute «Any referene in these Regulations to a British Standard inludes a referene to a relevant standard of a member State other than the United Kingdom.». () In regulation 49(2A) (i) sub-paragraphs and (d) are omitted; and (ii) for the final paragraph, substitute «In sub-paragraph (e) above, the referenes to a flammable argo other than rude oil or petroleum produts inludes (without limiting the generality of those referenes), referenes to any of the argoes listed in Chapters 17 and 18 of the International Code for the Constrution and Equipment of Ships Carrying Dangerous Chemials in Bulk.». (d) For regulation 51(2) substitute «In hemial tankers where the fixed fire-extinguishing system referred to in paragraph (1) of this regulation is a gas system, the onentration must be as speified in the International Code for the Constrution and Equipment of Ships Carrying Dangerous Chemials in Bulk.». (e) In Shedule 15, paragraph (4), omit the words the Code for the Constrution and Equipment of Ships Carrying Dangerous Chemials in Bulk and. (2) The Merhant Shipping (Carriage of Cargoes) Regulations are amended as follows. In regulation 2(1) (i) for the definition of SOLAS Chapter VII, substitute «SOLAS Chapter VII means Chapter VII to the SOLAS Convention inluding all amendments made to that Chapter up to and inluding those adopted by IMO Resolution MSC.325(90) on 24 May 2012 and whih ame into fore on 1 January 2014;»; and (ii) after the definition of SOLAS Chapter VII insert «SOLAS Convention means the International Convention for the Safety of Life at Sea 1974, as amended by the Protool of 1988;». 7 SD 276/06 V06 Page 19

20 Regulation 35 Merhant Shipping (SOLAS VII - Carriage of Dangerous Goods) In regulation 3(2) and 3(3), for SOLAS Chapter VII Carriage of Dangerous Goods substitute «the Merhant Shipping (SOLAS VII Carriage of Dangerous Goods)». (3) The Merhant Shipping (MARPOL Annex II Control of Pollution by Noxious Liquid Substanes in Bulk) Regulations are amended as follows. In regulation 2 (i) for the definition of IBC Code substitute - «IBC Code has the meaning given by regulation 4 of the Merhant Shipping (SOLAS VII Carriage of Dangerous Goods) ;»; and (ii) for the definition of IGC Code substitute - «IGC Code has the meaning given by regulation 4 of the Merhant Shipping (SOLAS VII Carriage of Dangerous Goods) ;». In regulation 7, after sub-paragraph (), insert - «regulation of Annex II, regulations 21 and 22 of the Merhant Shipping (SOLAS VII Carriage of Dangerous Goods) apply;». (4) The Merhant Shipping (Maritime Labour Convention) Regulations are amended as follows. In regulation for the definition of IBC Code substitute «IBC Code has the meaning given by regulation 4 of the Merhant Shipping (SOLAS VII Carriage of Dangerous Goods) ;»; for the definition of IGC Code substitute «IGC Code has the meaning given by regulation 4 of the Merhant Shipping (SOLAS VII Carriage of Dangerous Goods) ;»; and () for the definition of IMDG Code substitute «IMDG Code has the meaning given by regulation 4 of the Merhant Shipping (SOLAS VII Carriage of Dangerous Goods) ;». (5) The Merhant Shipping (Vessels in Commerial Use for Sport or Pleasure) Regulations are amended as follows. 8 SD 977/08 9 SD 234/13 10 SD 2014/0415 Page 20 V06

21 Merhant Shipping (SOLAS VII - Carriage of Dangerous Goods) Regulation 35 In Shedule 1 (in the table entitled regulations disapplied ), after SD 396/03 where first ourring in the olumn entitled Amended by insert SD 2015/0230. MADE 17 JUNE 2015 LAURENCE SKELLY Minister for Eonomi Development V06 Page 21

22 Explanatory Note Merhant Shipping (SOLAS VII - Carriage of Dangerous Goods) EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations give effet to Chapter VII of the SOLAS Convention (SOLAS VII), whih provides for the safe arriage of dangerous goods at sea. The Regulations implement SOLAS VII inluding all amendments up to and inluding those adopted by IMO resolution MSC.325(90) on 24 May 2012 and whih ame into fore internationally on 1 January The Order applies to Manx ships wherever they may be and to foreign ships whilst they are in the territorial waters of the Island. SOLAS VII is made up of 4 parts. The first part requires dangerous goods in pakaged form to be arried in ompliane with the IMDG Code. The seond part requires the arriage of dangerous goods in solid form in bulk to be in aordane with the IMSBC Code. The third part of SOLAS VII ontrols the onstrution and equipment of ships arrying dangerous liquid hemials in bulk and requires hemial tankers onstruted on or after 1 July 1986 to be surveyed, ertifiated and operated in aordane with the IBC Code. The fourth part regulates the onstrution and equipment of ships arrying liquefied gases in bulk and requires gas arriers onstruted on or after 1 July 1986 to be surveyed, ertifiated and operated as required by the IGC Code. Dangerous goods in pakaged form, and dangerous goods in solid form in bulk, must also be doumented and stowed in aordane with SOLAS Chapter VII. Any inident involving those goods must be reported immediately to the nearest oastal State. Existing legislation giving effet to SOLAS VII is revoked and replaed by the Order. Copies of this doument and Manx Shipping Noties are obtainable from the Isle of Man Ship Registry, Department of Eonomi Development, St Georges Court, Upper Churh Street, Douglas, Isle of Man IM1 1EX and an be aessed via the website: The International Convention for the Safety of Life at Sea 1974, as amended by the Protool of 1988, IMO resolutions and irulars an be obtained from the International Maritime Organization, 4 Albert Embankment, London SE1 7SR. Page 22 V06