The Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) (Amendment) Regulations 2016

Statutory Instruments

2016 No. 1211

Merchant Shipping

The Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) (Amendment) Regulations 2016

Made

12th December 2016

Laid before Parliament

21st December 2016

Coming into force

13th January 2017

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1) and sections 130A(1) and (2) of the Merchant Shipping Act 1995(2).

The Secretary of State has been designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to maritime transport(3) and the environment(4).

In so far as these Regulations are made in exercise of the powers conferred by section 130A of the Merchant Shipping Act 1995, the Secretary of State has taken into account the need to give effect to the provisions referred to in subsection (2) of that section, and has consulted with the organisations referred to in section 306(4) of that Act(5).

Citation and commencement

1.  These Regulations may be cited as the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) (Amendment) Regulations 2016 and come into force on 13th January 2017.

Amendment of Regulations

2.—(1) The Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003(6) are amended as follows.

(2) In regulation 2(1), for the definition of “the Directive”, substitute the following definition—

““the Directive” means Directive 2000/59/EC of the European Parliament and Council on port reception facilities for ship-generated waste and cargo residues as amended;”(7).

(3) After regulation 23, insert—

“Review

24.— (1) The Secretary of State must from time to time—

(a) carry out a review of the operation and effect of regulation 11(1) and Schedule 2;

(b) set out the conclusions of the review in a report; and

(c) publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how Commission Directive (EU) 2015/2087(8) (which is implemented by means of regulation 11(1) and Schedule 2) is implemented in other Member States.

(3) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by regulation 11(1) and Schedule 2;

(b) assess the extent to which those objectives are achieved; and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this regulation must be published before the end of the period of five years beginning with the day on which this regulation comes into force.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.”

(4) For the content of Schedule 2, substitute the content of the Schedule to these Regulations.

Signed by authority of the Secretary of State

John Hayes

Minister of State

Department for Transport

12th December 2016

Regulation 2(4)

SCHEDULE

“

”

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003 (S.I. 2003/1809) (“the 2003 Regulations”) in order to give effect to Commission Directive (EU) 2015/2087 of 18th November 2015 amending Annex II to Directive 2000/59/EC of the European Parliament and the Council on port reception facilities for ship-generated waste and cargo residues (O.J. L 302, 19.11.2015, p.99).

These Regulations substitute a new advance notification form to be used by ships’ masters when delivering waste to port reception facilities. The new form contains additional sub-categories of garbage and a column in which to record information about waste delivered in the last port of delivery.

Regulation 2(2) of these Regulations amends the definition of “the Directive” so as to take into account all amendments to Directive 2000/59/EC.

Regulation 2(3) requires the Secretary of State to review the operation and effect of regulation 11(1) and Schedule 2 to the 2003 Regulations and publish a report within five years after they are amended by these Regulations and within every five years after that. Following a review it will fall to the Secretary of State to consider whether regulation 11(1) and Schedule 2 of the 2003 Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke regulation 11(1) and Schedule 2 to the 2003 Regulations or to amend them.

Regulation 2(4) and the Schedule substitute the new advance notification form for the existing one. The new form contains additional sub-categories of garbage and a column in which to record information about waste delivered in the last port of delivery.

The Explanatory Memorandum and Transposition Note published alongside this instrument are available on the website www.legislation.gov.uk.

A copy of the Directive is available on the website http://eur-lex.europa.eu.

(1)

1972 c.68. Section 2 was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7).

(2)

1995 c.21. Section 130A was inserted by section 5 of the Merchant Shipping and Maritime Security Act 1997 (c.28).

(3)

S.I. 1994/757.

(4)

S.I. 2008/301.

(5)

Section 306 was amended by paragraph 18 of Schedule 6 to the Merchant Shipping and Maritime Security Act 1997 (c.28).

(6)

S.I. 2003/1809, as amended by S.I. 2009/1176.

(7)

O.J. L332, 28.12.2000, as amended by Directive 2002/84/EC (O.J. L324, 29.11.2002, p.53), Commission Directive 2007/71/EC (O.J. L329, 14.12.2007, p.33) and Commission Directive (EU) 2015/2087 (O.J. L302, 19.11.2015, p.99).

(8)

O.J. L302, 19.11.2015, p.99.