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”.