PART 5Amendment of direct EU legislation

Amendment of Regulation (EC) 782/2003I18

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 199531;

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 8Adaptations

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”.