The Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) (Amendment) Regulations 2016

Citation and commencement

1.  These Regulations may be cited as the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) (Amendment) Regulations 2016 and come into force on 13th January 2017.

Amendment of Regulations

2.—(1) The Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003(1) are amended as follows.

(2) In regulation 2(1), for the definition of “the Directive”, substitute the following definition—

““the Directive” means Directive 2000/59/EC of the European Parliament and Council on port reception facilities for ship-generated waste and cargo residues as amended;”(2).

(3) After regulation 23, insert—

“Review

24.— (1) The Secretary of State must from time to time—

(a) carry out a review of the operation and effect of regulation 11(1) and Schedule 2;

(b) set out the conclusions of the review in a report; and

(c) publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how Commission Directive (EU) 2015/2087(3) (which is implemented by means of regulation 11(1) and Schedule 2) is implemented in other Member States.

(3) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by regulation 11(1) and Schedule 2;

(b) assess the extent to which those objectives are achieved; and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this regulation must be published before the end of the period of five years beginning with the day on which this regulation comes into force.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.”

(4) For the content of Schedule 2, substitute the content of the Schedule to these Regulations.

Signed by authority of the Secretary of State

John Hayes

Minister of State

Department for Transport

12th December 2016