The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019

PART 5 Amendment of direct EU legislation

Amendment of Regulation (EC) 782/2003

8.—(1) Regulation (EC) No 782/2003 of the European Parliament and of the Council of 14th April 2003 on the prohibition of organotin compounds on ships is amended as follows.

(2) In Article 2 (definitions)—

(a) in paragraph 6 for the definition of ‘recognised organisation’ substitute—

“‘recognised organisation’ means an organisation recognised in accordance with Regulation (EC) 391/2009 of the European Parliament and of the Council of 23rd April 2009 on common rules and standards for ship inspection and survey organisations;”;

(b) in paragraph 7—

(i) after “when it is issued by” insert “a Certifying Authority or”;

(ii) for “its behalf” substitute “behalf of the Secretary of State or the administration of any Member State”;

(c) in paragraph 9—

(i) after “issued by” insert “a Certifying Authority or”;

(ii) after “on behalf of” insert “the Secretary of State or”;

(d) at the end of paragraph 10 insert—

“;

11.   ‘United Kingdom ship’ has the same meaning as in section 85(2) of the Merchant Shipping Act 1995(1);

12.   ‘Certifying Authority’ means the Secretary of State or any person authorised by the Secretary of State in accordance with regulation 4 (certifying authorities) of the Merchant Shipping (Survey and Certification) Regulations 2015”.

(3) In Article 3 (scope)—

(a) before point (a) of paragraph 1, insert—

“(za) United Kingdom ships,”;

(b) in point (b) of paragraph 1 after “the authority of” insert “the United Kingdom or”;

(c) in point (c) of paragraph 1 after “offshore terminal of” insert “the United Kingdom or”.

(4) In Article 5 (prohibition of the bearing of organotin compounds which act as biocides), for “Ships” substitute “United Kingdom ships and ships”.

(5) In Article 6 (survey and certification)—

(a) in paragraph 1—

(i) for “ships flying the flag of a Member State” substitute “United Kingdom ships”;

(ii) after point (b) of paragraph 1 omit the unnumbered paragraph;

(iii) omit point (c);

(b) in paragraph 2 for “Member States”, in each place it occurs, substitute “a Certifying Authority”;

(c) omit paragraph 3.

(6) In Article 7 (Port State control)—

(a) in the first unnumbered paragraph for “Member States”, in each place it occurs, substitute “the Secretary of State or persons appointed by the Secretary of State”;

(b) omit the second unnumbered paragraph.

(7) For Article 8 (adaptations) substitute—

“Article 8 Adaptations

1.   Subject to paragraph 2, the Secretary of State may make regulations to amend references in this Regulation to—

(a) the AFS-Convention;

(b) the AFS-Certificate;

(c) the AFS-Declaration;

(d) the AFS-Statement of Compliance;

(e) the European AFS-Statement of Compliance;

(f) the Annexes to this Regulation, including relevant International Maritime Organisation guidelines in relation to Article 11 of the AFS-Convention.

2.   The power in paragraph 1 may only be exercised where the Secretary of State considers it necessary in order to—

(a) take account of developments at international level and in particular in the International Maritime Organisation; or

(b) improve the effectiveness of this Regulation.

3.   Any power to make regulations under paragraph 1 is exercisable by statutory instrument.

4.   Regulations made under paragraph 1 may—

(a) make different provision for different purposes, cases or areas;

(b) make consequential, incidental, supplementary, transitional or transitory or saving provisions.

5.   A statutory instrument containing regulations made under paragraph 1 is subject to annulment in pursuance of a resolution of either House of Parliament.”.

(8) Omit Article 9 (committee) and Article 10 (evaluation).

(9) In Article 11 (entry into force) omit the second sentence.

(10) In Annex 1 (surveys and certification requirements for anti-fouling systems on ships flying the flag of a Member State)—

(a) in the heading for “ships flying the flag of a Member State” substitute “United Kingdom ships”;

(b) in paragraph 1 (surveys)—

(i) for point 3 substitute—

“1.3.   Surveys shall be carried out by officers duly authorised by the Secretary of State or the administration of a Member State, or of a party to the AFS-Convention, or by a surveyor nominated for the purpose by the Secretary of State or the administration of a Member State, or by a recognised organisation acting on behalf of the Secretary of State or the administration of a Member State.”;

(ii) in point 4 for “Member States” substitute “a Certifying Authority”;

(c) in paragraph 2 (certification)—

(i) for point 1 substitute—

“2.1.   After completion of a survey referred to in point 1.1(a) or (b), a Certifying Authority shall issue an AFS-Certificate.”;

(ii) in point 2 for “A Member State” substitute “A Certifying Authority”;

(iii) in point 3 for “Member States” substitute “The Secretary of State”;

(iv) in point 4 for “Member States” substitute “A Certifying Authority”.

Amendment of Commission Regulation (EC) 536/2008

9.—(1) Commission Regulation (EC) No 536/2008 of 13th June 2008 giving effect to Article 6(3) and Article 7 of Regulation (EC) No 782/2003 of the European Parliament and of the Council on the prohibition of organotin compounds on ships and amending that Regulation is amended as follows.

(2) In Article 3 for “Member States”, in each place it occurs, substitute “the Secretary of State or persons appointed by the Secretary of State”.

(3) In Article 4 for “Member States” substitute “the Secretary of State or persons appointed by the Secretary of State”.

(4) In Article 6 omit the second sentence.

Amendment of Commission Implementing Decision (EU) 2015/253

10.—(1) Commission Implementing Decision (EU) 2015/253 of 16th February 2015 laying down the rules concerning the sampling and reporting under Council Directive 1999/32/EC as regards the sulphur content of marine fuels is amended as follows.

(2) In Article 1 (subject matter) for “Directive 1999/32/EC” substitute “Directive (EU) 2016/802”.

(3) In Article 2 (definitions)—

(a) in paragraph 4—

(i) for “the competent authority of a Member State” substitute “the Secretary of State or persons appointed by the Secretary of State”;

(ii) for “Directive 1999/32/EC” substitute “Directive (EU) 2016/802”;

(b) after paragraph 4 insert—

“(4A) ‘United Kingdom ship’ has the same meaning as in section 85(2) of the Merchant Shipping Act 1995(2).”;

(c) omit paragraph 5.

(4) In Article 3 (frequency of sampling of marine fuels being used on board ships)—

(a) in paragraph 1—

(i) for “Member States” substitute “The Secretary of State or persons appointed by the Secretary of State”;

(ii) for “relevant Member State” substitute “United Kingdom”;

(b) in the first unnumbered paragraph—

(i) for “a Member State” substitute “the United Kingdom”;

(ii) omit the words “as reported through SafeSeaNet”;

(c) for paragraph 2 substitute—

“2.   As from 1 January 2016, the sulphur content of the marine fuel being used on board shall also be checked by sampling or analysis or both of at least 30 per cent of the inspected ships referred to in paragraph 1.

The Secretary of State or persons appointed by the Secretary of State may comply with the frequencies specified in this paragraph by selecting ships on the basis of national risk-based targeting mechanisms and of specific alerts on individual ships.”;

(d) in paragraph 3(b)—

(i) for “relevant Member State” substitute “United Kingdom”;

(ii) omit the unnumbered paragraph;

(e) in paragraph 4—

(i) for “a Member State” substitute “the Secretary of State”;

(ii) for “the Union” substitute “a”;

(f) omit paragraph 5.

(5) In Article 4 (frequency of sampling of marine fuels while being delivered to ships)—

(a) in paragraph 1—

(i) for “Article 6(1a)(b) of Directive 1999/32/EC” substitute “Article 13(2) of Directive (EU) 2016/802”;

(ii) for “Member States” substitute “the Secretary of State or persons appointed by the Secretary of State”;

(iii) for “that Member State” substitute “the United Kingdom”;

(iv) omit the words “on the basis of the reporting in the Union information system or in the annual report referred to in Article 7”;

(b) omit paragraph 2.

(6) In paragraph 1 of Article 5 (sampling methods for the verification of the sulphur content of the marine fuel being used on board) for “Member States” substitute “the Secretary of State or persons appointed by the Secretary of State”.

(7) In Article 6 (on-board spot sampling), in each place it occurs, for “Member States” substitute “The Secretary of State or persons appointed by the Secretary of State”.

(8) In Article 7 (information to be included in the annual report)—

(a) for the first unnumbered paragraph substitute—

“The Secretary of State must publish an annual report on compliance with sulphur standards for marine fuels. The report must include at least the following information:”;

(b) for paragraph (c) substitute—

“(c) claims of non-availability of marine fuels as referred to in Article 6(8) of Directive (EU) 2016/802, including—

(i) the ship details;

(ii) bunkering port;

(iii) if the non-availability occurred in the United Kingdom or a Member State, where the non-availability occurred;

(iv) number of claims made by the same ship; and

(v) type of bunker unavailable;”;

(c) in paragraph (e) for “relevant Member State” substitute “United Kingdom”;

(d) in paragraph (f) for “Directive 1999/32/EC of the ships flying the flag of the Member State” substitute “Directive (EU) 2016/802 of United Kingdom ships”.

(9) Omit Article 8 (format of the report).

(1)

1995 c. 21.

(2)

1995 c. 21.