Statutory Instruments
2020 No. 58
Merchant Shipping
The Merchant Shipping (Technical Requirements for Inland Waterway Vessels) (Amendment) Regulations 2020
Made
23rd January 2020
Laid before Parliament
29th January 2020
Coming into force
25th February 2020
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 85(1), (3) and (5) to (7) and 86(1) and (2) of the Merchant Shipping Act 1995( 1 ) and section 2(2) of the European Communities Act 1972( 2 ).
The Secretary of State has consulted the persons referred to in section 86(4) of the Merchant Shipping Act 1995.
The Secretary of State is a Minister designated( 3 ) for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to the safety of ships and the health and safety of persons on them.
Citation and commencement
1. —(1) These Regulations may be cited as the Merchant Shipping (Technical Requirements for Inland Waterway Vessels) (Amendment) Regulations 2020.
(2) These Regulations come into force on 25th February 2020.
Amendment of Regulations
2.The Merchant Shipping (Technical Requirements for Inland Waterway Vessels) Regulations 2010( 4 ) are amended as follows.
3. In regulation 2(1) (interpretation), for the definition of “technical requirements of Annex II”, substitute—
“ “technical requirements of Annex II” means the technical requirements contained in ES-TRIN standard 2019/1 ( 5 ) as referred to in Annex II to Directive (EU) 2016/1629 ( 6 ) and as set out in Merchant Shipping Notice MSN 1880(M) Amendment 1 —
excluding the transitional provisions contained in Chapter 32 of ES-TRIN standard 2019/1 for craft navigating on the Rhine, but
including the transitional provisions contained in Chapter 33 of ES-TRIN standard 2019/1 for craft operating exclusively on waterways outside the Rhine, ” .
4. In regulation 6(3) (obligation to carry a certificate), after each reference to “MSN 1879(M)”, insert “Amendment 1”.
(a) for paragraph 1(a), substitute—
“ (a) in the form set out in section I of Annex 3 to ES-TRIN standard 2019/1 as set out in Merchant Shipping Notice MSN 1880(M) Amendment 1, and ” ; and
(b) for paragraph 2(a), substitute—
“ (a) in the form set out in section III of Annex 3 to ES-TRIN standard 2019/1 as set out in Merchant Shipping Notice MSN 1880(M) Amendment 1, and ” .
6. In regulation 15(1)( 7 ) (transitional provision), for “2016”, substitute “2018”.
Signed by authority of the Secretary of State for Transport
Nusrat Ghani
Parliamentary Under Secretary of State
Department for Transport
23rd January 2020
1995 c.21 . Section 85 was amended by the Merchant Shipping and Maritime Security Act 1997 (c.28) , section 8 and Schedule 7 Part I. Sections 85 and 86 apply to hovercraft by virtue of the Hovercraft (Application of Enactments) Order 1989 ( S.I. 1989/1350 ).
1972 c.68 . Section 2(2) was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c.51) and by section 3 of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c.7) .
S.I. 2010/1075 , amended by S.I. 2018/53 and S.I. 2019/160 .
ES-TRIN standard 2019/1 is a European standard laying down technical requirements for inland navigation vessels produced by the European Committee for drawing up Standards in the field of Inland Navigation (CESNI). It can be accessed at https://www.cesni.eu/wp-content/uploads/2018/12/ES_TRIN_2019_en.pdf but is set out in full in MSN 1880(M) Amendment 1 (over 500 pages).
OJ No. L 252, 16.9.2016, p. 118 as last amended by Commission Delegated Regulation (EU) 2019/1668 of 26 June 2019, OJ No. L 256, 07.10.2019, p. 1.
Regulation 15 was inserted by regulation 13 of S.I.2019/160 .