Contribution
My Lords, the purpose of these regulations is to simplify marine equipment legislation by consolidating and combining regulatory changes into one piece of legislation, providing greater clarity for industry. The regulations also bring the standards and requirements for ballast water management systems within scope, introduce a new “equivalents” provision and remove government ships from the scope of the legislative regime. Noble Lords will wish to know that the draft regulations have been scrutinised by the Joint Committee on Statutory Instruments and the Secondary Legislation Scrutiny Committee; no response has been received from either committee.
In line with international requirements for ships to carry safety and counterpollution equipment—collectively referred to as “marine equipment”—that has been approved by the ship’s flag administration, the UK implemented the Merchant Shipping (Marine Equipment) Regulations 2016, which gave effect to the EU directive on marine equipment. Following the UK’s exit from the European Union, the 2016 regulations were amended in 2019 to ensure that they would continue to operate effectively. Amendments were also made by the Merchant Shipping (Marine Equipment) (Amendment) (UK and US Mutual Recognition Agreement) (EU Exit) Regulations 2019, which gave effect to the UK-US mutual recognition agreement on marine equipment by providing for the mutual recognition of certificates of conformity for designated marine equipment, thus opening up the large US market to UK manufacturers.
These proposed regulations will revoke and replace the 2016 regulations and both sets of 2019 amending regulations. The proposed regulations, which are considered non-controversial, set out the United Kingdom conformity assessment system for marine equipment placed on ships registered in the United Kingdom.
Since the UK’s departure from the European Union, numerous engagements have been undertaken with stakeholders, including UK-approved bodies, which are responsible for the approval of marine equipment, manufacturers, other government departments and maritime trade organisations. These provided an opportunity to influence the direction that the policy has taken. Once the policy direction had been developed, a six-week public consultation was carried out, during which responders expressed support for the implementation of the proposed regulations. The Maritime and Coastguard Agency—the MCA—published a consultation report, including responses to comments received.
The proposed regulations also make other changes. First, they bring the approval of ballast water management systems into scope. In 2022, the UK implemented new International Maritime Organization requirements and standards for ballast water management systems through the Merchant Shipping (Control and Management of Ships’ Ballast Water and Sediments) Regulations 2022. These regulations included the approval requirements for those systems. Bringing ballast water management systems within the scope of the proposed regulations will make it easier for industry to find and adhere to the relevant requirements. It will also prevent divergence in the approval processes between these systems and other items of marine equipment.
Secondly, the regulations introduce an equivalence provision to allow, subject to certain conditions, non-UK approved marine equipment to be placed on board UK vessels in situations where UK-approved items are unavailable or unsuitable. The conditions ensure that the equipment, when placed on board, will provide an equivalent level of safety.
Thirdly, the regulations will remove government ships from the scope of the marine equipment regime. This is due to the broader change in approach to government ships, triggered in part by the limited legislative powers available post our exit from the European Union. Following the repeal of the European Communities Act 1972, and in the absence of appropriate powers in the Merchant Shipping Act 1995, the existing instrument is being revoked using the Retained EU Law (Revocation and Reform) Act 2023. This will facilitate the amendment of these regulations in future, if required.
In conclusion, I have set out the purpose and scope of these regulations, which consolidate and simplify the UK’s marine equipment regime, bringing clarity and confidence to the industry. The regulations reflect our continued commitment to uphold international standards while tailoring the legislative framework to the UK’s post-EU exit context. I hope that noble Lords will join me in supporting these measures. I beg to move.