2016 No. 1211
The Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) (Amendment) Regulations 2016
Made
Laid before Parliament
Coming into force
The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 19721 and sections 130A(1) and (2) of the Merchant Shipping Act 19952.
The Secretary of State has been designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to maritime transport3 and the environment4.
In so far as these Regulations are made in exercise of the powers conferred by section 130A of the Merchant Shipping Act 1995, the Secretary of State has taken into account the need to give effect to the provisions referred to in subsection (2) of that section, and has consulted with the organisations referred to in section 306(4) of that Act5.
Citation and commencement1
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 Regulations2
1
The Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 20036 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;
3
After regulation 23, insert—
Review24
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) 2015/20878 (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
SCHEDULE
(This note is not part of the Regulations)