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

Amendment of Commission Implementing Decision (EU) 2015/253

10.—(1) Commission Implementing Decision (EU) 2015/253 of 16th February 2015 laying down the rules concerning the sampling and reporting under Council Directive 1999/32/EC as regards the sulphur content of marine fuels is amended as follows.

(2) In Article 1 (subject matter) for “Directive 1999/32/EC” substitute “Directive (EU) 2016/802”.

(3) In Article 2 (definitions)—

(a) in paragraph 4—

(i) for “the competent authority of a Member State” substitute “the Secretary of State or persons appointed by the Secretary of State”;

(ii) for “Directive 1999/32/EC” substitute “Directive (EU) 2016/802”;

(b) after paragraph 4 insert—

“(4A) ‘United Kingdom ship’ has the same meaning as in section 85(2) of the Merchant Shipping Act 1995(1).”;

(c) omit paragraph 5.

(4) In Article 3 (frequency of sampling of marine fuels being used on board ships)—

(a) in paragraph 1—

(i) for “Member States” substitute “The Secretary of State or persons appointed by the Secretary of State”;

(ii) for “relevant Member State” substitute “United Kingdom”;

(b) in the first unnumbered paragraph—

(i) for “a Member State” substitute “the United Kingdom”;

(ii) omit the words “as reported through SafeSeaNet”;

(c) for paragraph 2 substitute—

“2.   As from 1 January 2016, the sulphur content of the marine fuel being used on board shall also be checked by sampling or analysis or both of at least 30 per cent of the inspected ships referred to in paragraph 1.

The Secretary of State or persons appointed by the Secretary of State may comply with the frequencies specified in this paragraph by selecting ships on the basis of national risk-based targeting mechanisms and of specific alerts on individual ships.”;

(d) in paragraph 3(b)—

(i) for “relevant Member State” substitute “United Kingdom”;

(ii) omit the unnumbered paragraph;

(e) in paragraph 4—

(i) for “a Member State” substitute “the Secretary of State”;

(ii) for “the Union” substitute “a”;

(f) omit paragraph 5.

(5) In Article 4 (frequency of sampling of marine fuels while being delivered to ships)—

(a) in paragraph 1—

(i) for “Article 6(1a)(b) of Directive 1999/32/EC” substitute “Article 13(2) of Directive (EU) 2016/802”;

(ii) for “Member States” substitute “the Secretary of State or persons appointed by the Secretary of State”;

(iii) for “that Member State” substitute “the United Kingdom”;

(iv) omit the words “on the basis of the reporting in the Union information system or in the annual report referred to in Article 7”;

(b) omit paragraph 2.

(6) In paragraph 1 of Article 5 (sampling methods for the verification of the sulphur content of the marine fuel being used on board) for “Member States” substitute “the Secretary of State or persons appointed by the Secretary of State”.

(7) In Article 6 (on-board spot sampling), in each place it occurs, for “Member States” substitute “The Secretary of State or persons appointed by the Secretary of State”.

(8) In Article 7 (information to be included in the annual report)—

(a) for the first unnumbered paragraph substitute—

“The Secretary of State must publish an annual report on compliance with sulphur standards for marine fuels. The report must include at least the following information:”;

(b) for paragraph (c) substitute—

“(c) claims of non-availability of marine fuels as referred to in Article 6(8) of Directive (EU) 2016/802, including—

(i) the ship details;

(ii) bunkering port;

(iii) if the non-availability occurred in the United Kingdom or a Member State, where the non-availability occurred;

(iv) number of claims made by the same ship; and

(v) type of bunker unavailable;”;

(c) in paragraph (e) for “relevant Member State” substitute “United Kingdom”;

(d) in paragraph (f) for “Directive 1999/32/EC of the ships flying the flag of the Member State” substitute “Directive (EU) 2016/802 of United Kingdom ships”.

(9) Omit Article 8 (format of the report).

(1)

1995 c. 21.