2011 No. 3056

Merchant Shipping

The Merchant Shipping (Ship Inspection and Survey Organisations) (Revocation) Regulations 2011

Made19th December 2011

Laid before Parliament22nd December 2011

Coming into force23rd January 2012

The Secretary of State is a Minister designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to measures relating to maritime transport.

The Secretary of State has consulted persons she considers will be affected by the following Regulations in accordance with section 86(4) of the Merchant Shipping Act 19953.

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and sections 85(1)(a), (3), (5) and (7) and 86(1) of the Merchant Shipping Act 1995.

Citation and commencementI81

1

These Regulations may be cited as the Merchant Shipping (Ship Inspection and Survey Organisations) (Revocation) Regulations 2011.

2

These Regulations come into force on 23rd January 2012.

RevocationI42

The Merchant Shipping (Ship Inspection and Survey Organisations) Regulations 19964 are revoked.

Consequential amendmentsI93

The amendments in the Schedule have effect.

Signed on behalf of the Secretary of State for Transport

Mike PenningParliamentary Under Secretary of StateDepartment for Transport19th December 2011

SCHEDULEConsequential amendments

Regulation 3

The Fishing Vessels (EC Directive on Harmonised Safety Regime) Regulations 1999I31

In regulation 2 of the Fishing Vessels (EC Directive on Harmonised Safety Regime) Regulations 19995—

a

delete the definition of “1994 Council Directive”6; and

b

in the definition of “recognised organisation”7, replace the words from “authorised” to the end with “which has an agreement with the Secretary of State pursuant to Article 5(2) of Directive 2009/15/EC of the European Parliament and of the Council of 23rd April 2009 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations8”.

The Merchant Shipping (Fees) Regulations 2006I72

In the table in paragraph 1 of Part 1 of Schedule 1 to the Merchant Shipping (Fees) Regulations 20069, delete the reference to the Merchant Shipping (Ship Inspection and Survey Organisations) Regulations 1996, and the associated references to its SI number and amending instruments.

The Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008I53

In regulation 2(1) of the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 200810, in the definition of “Certifying Authority”, replace “is an authorised organisation for the purposes of the Merchant Shipping (Ship Inspection and Survey Organisations) Regulations 1996” with “has an agreement with the Secretary of State pursuant to Article 5(2) of Directive 2009/15/EC of the European Parliament and of the Council of 23rd April 2009 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations11”.

The Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 2008I24

In regulation 2(1) of the Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 200812, in the definition of “Certifying Authority”, replace “is an authorised organisation for the purposes of the Merchant Shipping (Ship Inspection and Survey Organisations) Regulations 1996” with “has an agreement with the Secretary of State pursuant to Article 5(2) of Directive 2009/15/EC of the European Parliament and of the Council of 23rd April 2009 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations13”.

The Merchant Shipping (Anti-Fouling Systems) Regulations 2009F1 I65

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Merchant Shipping (Passenger Ships) (Safety Code for UK Categorised Waters) Regulations 2010I16

In regulation 2 of the Merchant Shipping (Passenger Ships) (Safety Code for UK Categorised Waters) Regulations 201016, in the definition of “certifying authority”, replace “is an authorised organisation for the purposes of the Merchant Shipping (Ship Inspection and Survey Organisations) Regulations 1996” with “has an agreement with the Secretary of State pursuant to Article 5(2) of Directive 2009/15/EC of the European Parliament and of the Council of 23rd April 2009 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations17”.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement provisions in Directive 2009/15/EC of the European Parliament and the Council of 23rd April 2009 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations (OJ No L 131, 28.5.2009, p47).

Regulation 2 implements Article 13 of the Directive by revoking the Merchant Shipping (Ship Inspection and Survey Organisations) Regulations 1996 (S.I. 1996/2908), which contained provisions through which the United Kingdom had partially implemented Council Directive 94/57/EC of 22nd November 1994 on common rules and standards of ship inspection and survey organisations and for the relevant activities of maritime administrations (OJ No L 319, 12.12.1994, p20). That Directive was repealed by Article 14 of Directive 2009/15/EC.

Regulation 3 introduces the Schedule which contains consequential amendments arising from the revocation in regulation 2. Those organisations which have an agreement with the Secretary of State pursuant to Article 5(2) of Directive 2009/15/EC are identified in Merchant Shipping Notice 1672.

An impact assessment has not been produced for this instrument as no impact on the private, voluntary or public sector is foreseen.

Merchant Shipping Notices can be read or downloaded free from the Maritime and Coastguard Agency website (www.mcga.gov.uk). Printed copies can be obtained from M-Notices Subscriptions, PO Box 362, Europa Park, Grays, Essex, RM17 9AY (telephone number 01375 484548, fax number 01375 484556 and email mnotices@ecgroup.co.uk).

An Explanatory Memorandum and a Transposition Note are available alongside the instrument on the website www.legislation.gov.uk.