The Marine Environment (Amendment) (EU Exit) Regulations 2018

Amendment of the Marine Strategy Regulations 2010

3.—(1) The Marine Strategy Regulations 2010(1) are amended as follows.

(2) In regulation 2—

(a) in paragraph (1)—

(i) omit the definition of “the Commission”;

(ii) in the definition of “devolved policy authority”, for “and” substitute “or”;

(b) in paragraph (4), for “as amended from time to time” substitute “as it had effect immediately before exit day”;

(c) after paragraph (4) insert—

“(5) For the purposes of any reference to an Article or an Annex of the Directive, the Article or Annex is to be read—

(a) subject to the modifications specified in Schedule 3; and

(b) as if—

(i) references to “Member State” or “Member States” (except in Articles 20 to 22) included a reference to the United Kingdom; and

(ii) references to “Community legislation” or “existing Community legislation” were, in relation to the United Kingdom, references to retained EU law.

(6) Any reference in these Regulations to “the requirements of the Directive” is a reference to the requirements of the Directive in so far as any such requirements are not reflected in any provision of these Regulations or by Commission Decision (EU) 2017/848 laying down criteria and methodological standards on good environmental status of marine waters and specifications and standardised methods for monitoring and assessment, and read—

(a) as if they applied in relation to the United Kingdom as they apply in relation to a member State;

(b) with the omission of any requirement to provide any information or other matter to the European Commission (however expressed), or any rights of access to or use of any information;

(c) subject to the modifications specified in Schedule 3.”.

(3) In regulation 5(1), after “must” insert “, in accordance with the requirements of Commission Decision (EU) 2017/848,”.

(4) In regulation 6(1)(c), after “with” insert “the requirements of”.

(5) In regulation 8(2) and (3), for “implementing”, in both places where it occurs, substitute “giving effect to the requirements of”.

(6) In regulation 14, after paragraph (13) insert—

“(14) The competent authority must publish a report describing the progress made in implementing the programme of measures within 3 years of any update to that programme.”.

(7) In regulation 15—

(a) in paragraphs (4)(b), (6) and (7), omit “other” in each place where it occurs;

(b) for paragraph (9) substitute—

“(9) The competent authority must—

(a) prepare a report setting out the justification for any such cases identified; and

(b) publish that report as soon as reasonably practicable in a form accessible to the public.”;

(c) for paragraph (11)(a) substitute—

“(a) the competent authority must—

(i) prepare a report setting out the necessary justification; and

(ii) publish that report as soon as reasonably practicable in a form accessible to the public;”.

(8) In regulation 16, for “any other EU instrument” substitute “by any provision of retained EU law other than these Regulations”.

(9) Omit regulation 17.

(10) In regulation 18—

(a) in paragraph (3)—

(i) after “The competent authority” insert “, when consulting under paragraph (1), and the Secretary of State, when consulting under paragraph (2),”;

(ii) in sub-paragraph (a), for “its proposal” substitute “the proposal”;

(b) in paragraph (4)—

(i) after “The competent authority” insert “or the Secretary of State, as the case may be,”;

(ii) after “they” insert “respectively”;

(c) in paragraph (5), after “consultation” insert “under paragraph (1)”;

(d) in paragraph (6), after “consultation” insert “under paragraph (1) or (2)”;

(e) in paragraph (7), for the words before sub-paragraph (a) substitute—

“After taking any decision in relation to a proposal following a consultation on that proposal, the competent authority or the Secretary of State, as the case may be, must publish a report in respect of that decision, which must—”;

(f) in paragraph (8), after “OSPAR Commission” insert “(the Commission established by Article 10 of the Convention for the Protection of the Marine Environment of the North-East Atlantic)”.

(11) In regulation 19—

(a) in paragraph (1), for “implementing” substitute “giving effect to the requirements of”;

(b) in paragraph (8)(a), after “giving effect to the” insert “requirements of the”.

(12) In regulation 20(1), after “of the” insert “requirements of the”.

(13) In Schedule 1—

(a) in Part 1, in paragraph 5—

(i) omit sub-paragraph (a);

(ii) for sub-paragraph (b) substitute—

“(b) functions under section 58 of the Scotland Act 1998 (international obligations);”;

(iii) in sub-paragraph (d)—

(aa) omit “, or paragraph (5) of Schedule 3 to,”;

(bb) for “(Community obligations)” substitute “(retained EU obligations)”;

(b) in Part 2, omit the definition of “regional cooperation”.

(14) After Schedule 2 insert Schedule 3, as set out in Schedule 1.

(1)

S.I. 2010/1627; the relevant amending instruments are S.I. 2018/287, 942.