The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018

Amendment of Commission Regulation (EU) 2015/757

3.—(1) Commission Regulation (EU) 2015/757 of the European Parliament and of the Council of 29 April 2015 on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport, and amending Directive 2009/16/EC(1) is amended as follows.

(2) In Article 2 (scope), for “under the jurisdiction of a Member State”, wherever it appears, substitute “in the United Kingdom”.

(3) In Article 3 (definitions), in the definition of “ship at berth” for “under the jurisdiction of a Member State” substitute “in the United Kingdom”.

(4) In Article 4 (common principles for monitoring and reporting), for “under the jurisdiction of a Member State”, wherever it appears, substitute “in the United Kingdom.

(5) In Article 5 (methods for monitoring CO₂ emissions and other relevant information), in paragraph 2—

(a) in the first sentence omit the words from “Commission” to “Article 23” and substitute “Secretary of State may make regulations” and omit the full stop after “standards”,

(b) in the second sentence, for the words from “The Commission” to “Article 23” substitute “and”.

(6) In Article 6 (content and submission of monitoring plan)—

(a) in paragraph 2, for “under the jurisdiction of a Member State”, substitute “in the United Kingdom”,

(b) in paragraph 5, for the words “determined by the Commission” to the end substitute “in the form specified in regulations made by the Secretary of State.”.

(7) In Article 9 (monitoring on a per-voyage basis)—

(a) in paragraph 1, for “under a Member State’s jurisdiction” substitute “in the United Kingdom”,

(b) in paragraph 2(a) for “under the jurisdiction of a Member State” substitute “in the United Kingdom”.

(8) In Article 10 (monitoring on an annual basis), for “under a Member State’s jurisdiction”, wherever it appears, substitute “in the United Kingdom”.

(9) In Article 11 (content of the emissions report), in paragraph 1, omit the words from “Commission” to “concerned” and substitute “Secretary of State”.

(10) In Article 12 (format of the emissions report), for paragraph 2 substitute—

“2.   The technical rules establishing the data exchange formats, including the electronic templates, shall be in the form specified by regulations made by the Secretary of State.”.

(11) In Article 15 (verification procedures), in paragraph 5—

(a) in the first sentence omit the words from “Commission” to “order” and substitute “Secretary of State may make regulations”,

(b) in the second sentence, omit “When adopting these acts, the Commission” and substitute “The Secretary of State”.

(12) In Article 16 (accreditation of verifiers), in paragraph 3

(a) In the first sentence, omit the words from “Commission” to “order” and substitute “Secretary of State may make regulations ”,

(b) in the second sentence omit “When adopting these acts, the Commission” and substitute “The Secretary of State”,

(c) in the third sentence, omit “in those delegated acts”.

(13) In Article 17 (document of compliance—

(a) in paragraph 4 for “Commission” substitute “Secretary of State”,

(b) in paragraph 5—

(i) omit the words from “Commission” to “acts” and substitute “Secretary of State may make regulations specifying”; and

(ii) omit the second sentence.

(14) In Article 18 (obligation to carry a valid document of compliance on board) for “under the jurisdiction of a Member State” substitute “in the United Kingdom”.

(15) Omit Article 19 (compliance with monitoring and reporting requirement).

(16) Omit Article 20 (penalties, information exchange and expulsion order).

(17) In Article 21 (publication of information and Commission report)—

(a) in the heading omit “and Commission report”,

(b) in paragraphs 1, 2, 3 and 4, for “Commission”, wherever it appears, substitute “ Secretary of State”,

(c) omit paragraphs 5 and 6.

(18) In Article 22 (international cooperation)—

(a) in paragraph 1—

(i) for “Commission” substitute “Secretary of State”, and

(ii) omit the words from “without prejudice” to the end;

(b) in paragraph 2, omit the words from “Commission” to “States” and substitute “ Secretary of State”,

(c) in paragraph 3—

(i) for “Commission” substitute “Secretary of State”; and

(ii) omit the words after “Regulation” to the end.

(19) In Article 23 (exercise of delegation) —

(a) for the title substitute “Regulations”,

(b) for paragraph 1 substitute “Any power of the Secretary of State to make regulations shall be exercisable by statutory instrument.”,

(c) for paragraph 2 substitute “Any statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.”,

(d) omit paragraphs 3 to 5.

(20) Omit Article 24(committee procedure).

(1)

O.J. L 123, 19.5.2015, p.55.