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

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”.

(1)

1995 c. 21.