Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 15th July, 2011.

I, LEO VARADKAR, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by sections 10 , 11 , 12 , 14 , 15 and 17 of the Sea Pollution Act 1991 (No. 27 of 1991) and the Maritime Transport, Safety and Security (Transfer of Departmental Administration and Ministerial Functions) Order 2005 ( S.I. No. 842 of 2005 ) (as adapted by the Transport (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 141 of 2011 )) and for the purpose of giving effect to Annex I to the MARPOL Convention, hereby make the following regulations:

1. (1) These Regulations may be cited as the Sea Pollution (Prevention of Oil Pollution) (Amendment) Regulations 2011.

(2) These Regulations shall come into operation on 1 August 2011.

2. The Sea Pollution (Prevention of Oil Pollution) Regulations 2007 ( S.I. No. 788 of 2007 ) are amended by inserting after Part 7A the following:

"PART 7BSPECIAL REQUIREMENTS FOR USE OR CARRIAGE OF OILS IN ANTARCTIC AREA

Special requirements for use or carriage of oils in Antarctic area.

39D.(1) With the exception of vessels engaged in securing the safety of ships or in a search and rescue operation, the carriage in bulk as cargo or carriage and use as fuel of the following:

(a) crude oils having a density at 15°C higher than 900 kg/m3;

(b) oils, other than crude oils, having a density at 15°C higher than 900 kg/m3 or a kinematic viscosity at 50°C higher than 180 mm2/s; or

(c) bitumen, tar and their emulsions,

shall be prohibited in the Antarctic area (as defined in Regulation 2(1)).

(2) When prior operations have included the carriage or use of oils specified in subparagraphs (a) to (c) of paragraph (1), the cleaning or flushing of tanks or pipelines is not required.".

GIVEN under my Official Seal,

7 July 2011.

LEO VARADKAR,

Minister for Transport, Tourism and Sport.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations amend the Sea Pollution (Prevention of Oil Pollution) Regulations 2007 ( S.I. No. 788 of 2007 ) on the prevention of oil pollution from ships.

The purpose of the Regulations is to lay down special requirements with regard to both use and carriage of heavy, and therefore highly polluting, oils for Irish ships while in the Antarctic area, south of latitude 60°S, a designated special area for oil pollution prevention.