Jurisdiction: UK

Commencement: 26 May 2020

Amends: The Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018
Mini Summary
The Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018 implement the revised version of Annex II (Regulations for the Control of Pollution by Noxious Liquid Substances in Bulk) of MARPOL 73/78. The purpose of MARPOL is to protect the marine environment by controlling operational pollution and reducing accidental pollution resulting from groundings and collisions from ships carrying Noxious Liquid Substances (NLS) in bulk.

 
Amendment
Amendments are made to correct an error in the Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018 (the ‘2018 Regulations’). The prohibition on the discharge of noxious liquid substances* causing pollution, now applies to UK territorial waters and controlled waters**.

Previously, the 2018 Regulations only applied to the UK’s territorial waters. This reduced the UK’s powers to enforce requirements and/or prohibitions in respect of illegal discharge of noxious liquid substances from any ship operating in and around the UK’s controlled waters. Ballast water***, tank washings or other mixture containing a noxious liquid substance are also prohibited from being illegally discharged in and around the UK’s controlled waters.

*Noxious liquid substances are substances that are hazardous to marine and human health. These are categorised in accordance with Regulation 6 of Annex II to the MARPOL Regulations. Noxious liquid substances are divided into 4 categories:

• Category X. Substances which present a major hazard to marine or human health. Discharges are prohibited into the marine environment.
• Category Y. Substances which present a hazard to marine or human health. Restrictions are in place to limit the quality and quantity of the discharge into the marine environment
• Category Z. Substances which present a minor hazard to marine and human health. There are less stringent restrictions on the quality and quantity of the discharge into the marine environment.
• Other Substances. These are substances not included in category X, Y and Z.  Currently these substances do not present a risk to harm marine and human health. There are less stringent restrictions on the quality and quantity of the discharge into the marine environment.

** Controlled waters are waters within the jurisdiction of the UK, and includes:

• territorial waters
• The UK’s territorial waters extends 12 nautical miles from the lowest water mark around the coast. The lowest water mark around the coast is known as the baseline;
• coastal waters;
• inland waters (e.g. rivers, lakes etc.);
• surface water;
• public supply reservoirs; and
• groundwater

*** Ballast water is water held in tanks and cargo to help increase stability. Sometimes ballast water can contain sediments.

n.b Although these Regulations are enforced from 1st June 2020, on 1st January 2021, new discharge requirements will come into force. This will reduce the quantity of noxious liquid substances that can be legally discharged.

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Jurisdiction: England, Wales

Commencement: 30th October 2019

Amends: Pollution Prevention and Control Act 1999
Mini Summary

Pollution Prevention and Control Act 1999 implements the EU Integrated Pollution Prevent and Control (IPPC) Directive 96/61/EC. IPPC requires industrial and agricultural activities with high pollution potential to have an environmental permit and meet certain environmental conditions.

 
Amendment
This Order designates the following European Directives, to allow the Secretary of State and Welsh Ministers to make regulations under the 1999 Act:

• Directive 87/217/EEC on the prevention and reduction of environmental pollution by asbestos;
• Directive 91/271/EEC concerning urban waste water treatment;
• Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources;
• Directive 94/62/EC on packaging and packaging waste;
• Directive 94/63/EC on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations;
• Directive 96/59/EC on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT);
• Directive 1999/31/EC on the landfill of waste (‘Landfill Directive’);
• Directive 2000/14/EC on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors;
• Directive 2000/53/EC on end-of-life vehicles;
• Directive 2000/60/EC establishing a framework for Community action in the field of water policy (‘Water Framework Directive’);
• Directive 2002/49/EC relating to the assessment and management of environmental noise;
• Directive 2003/35/EC providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment;
• Directive 2004/35/CE on environmental liability with regard to the prevention and remedying of environmental damage;
• Directive 2005/64/EC on the type-approval of motor vehicles with regard to their reusability, recyclability and recoverability;
• Directive 2006/7/EC concerning the management of bathing water quality;
• Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators;
• Directive 2006/118/EC on the protection of groundwater against pollution and deterioration (‘Groundwater Directive’);
• Directive 2008/50/EC on ambient air quality and cleaner air for Europe;
• Directive 2008/98/EC on waste (‘Waste Framework Directive’);
• Directive 2008/105/EC on environmental quality standards in the field of water policy;
• Directive 2009/90/EC laying down, pursuant to Directive 2000/60/EC on technical specifications for chemical analysis and monitoring of water status;
• Directive 2009/126/EC on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations;
• Directive 2012/19/EU on waste electrical and electronic equipment (WEEE);
• Directive (EU) 2015/996 establishing common noise assessment methods according to Directive 2002/49/EC;
• Directive (EU) 2016/2284 on the reduction of national emissions of certain atmospheric pollutants;
• Directive (EU) 2019/904 on the reduction of the impact of certain plastic products on the environment (‘Single-Use Products Directive’).

These designated Directives cover the following topics:

• waste;
• water quality;
• air quality;
• asbestos pollution;
• public participation in environmental plans and programmes;
• environmental liability to prevent or remedy environmental damage;
• environmental noise; and
• chemicals.

There are no changes to duties for organisations.

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