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

Regulation 3(14)

SCHEDULE 1 NEW SCHEDULE 3 TO THE MARINE STRATEGY REGULATIONS 2010

Regulation 2(5)(a)

“SCHEDULE 3 Modification of Marine Strategy Framework Directive

1.   Omit the following provisions—

(a) in Article 4(2), the final subparagraph;

(b) in Article 5(3), from “In these cases” to the end;

(c) Article 7;

(d) Article 9(2);

(e) Article 10(2);

(f) Article 11(3);

(g) Article 12;

(h) Article 13(9);

(i) Article 15;

(j) Article 16;

(k) Article 18;

(l) Article 23;

(m) Article 24;

(n) Article 26;

(o) in Annex 1, the final sentence in the paragraph after point (11);

(p) Annex 2.

2.   In Article 3(9), for “third countries” substitute “other countries”.

3.   In Article 5(2), omit “for which Member States concerned endeavour to follow a common approach”.

4.   In Article 6(2)—

(a) in the first subparagraph, for “third countries” substitute “other countries”;

(b) in the third subparagraph—

(i) after “Member States”, in the first place where it occurs, insert “and other countries”;

(ii) omit “in order to allow Member States”.

5.   In Article 8(2), after “in particular” insert “any enactment giving effect to”.

6.   In Article 9(3), omit—

(a) “in accordance with the regulatory procedure with scrutiny referred to in Article 25(3)”;

(b) the final sentence.

7.   In Article 10(1), omit “, Community”.

8.   In Article 11—

(a) in paragraph 1, omit “including the Habitats and Birds Directives”;

(b) in paragraph 4, omit “in accordance with the regulatory procedure with scrutiny referred to in Article 25(3)”.

9.   In Article 13—

(a) in paragraph 2, for the words from “in particular Directive 2000/60/EC” to “forthcoming legislation on environmental quality standards in the field of water policy” substitute “(in particular in relation to water quality, including urban waste-water treatment and bathing water quality)”;

(b) in paragraph 3, omit “referred to in Article 7”;

(c) in paragraph 4—

(i) for “special areas of conservation pursuant to the Habitats Directive, special protection areas pursuant to the Birds Directive” substitute “special areas of conservation or special protection areas pursuant to retained EU law”;

(ii) for “Community or Members States concerned in the framework of international or regional agreements to which they are parties” substitute “United Kingdom in the framework of international or regional agreements to which it is a party”;

(d) in paragraph 5, omit─

(i) “Community or”;

(ii) “, individually or jointly,”;

(iii) “competent authority or”;

(e) in paragraph 10, omit “Subject to Article 16”.

10.   In Article 14—

(a) in paragraph 1, in the second subparagraph, omit “and shall substantiate its views to the Commission”;

(b) in paragraph 4, omit the second subparagraph.

11.   In Article 17—

(a) in paragraph 3—

(i) omit “to the Commission,”;

(ii) omit “and to any other Member State concerned”;

(iii) for “Article 19(2)” substitute “regulation 18(7) of the Marine Strategy Regulations 2010”;

(b) omit paragraph 4.

12.   In Article 19(3)—

(a) in the first subparagraph, for “Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information” substitute “the retained EU law which transposed Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information”;

(b) omit the second and third subparagraphs.

13.   In Annex 3—

(a) in the notes below Table 1, in Note 1 and Note 3, for “in accordance with Article 9(3)” substitute “in 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”;

(b) in the notes below Table 2, in Note 3, for “in accordance with Article 9(3)” substitute “in 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”.

14.   In Annex 4, in point (11), for “the Community and its Member States have committed themselves” substitute “the United Kingdom has committed itself”.

15.   In Annex 5, in point (9), for “at Community level” substitute “at regional or subregional level”.”