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

Prospective

Amendment of Regulation (EC) 782/2003U.K.

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 8U.K.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”.