PART 3Amendment of subordinate legislation

Amendment of the Marine Strategy Regulations 20103

1

The Marine Strategy Regulations 20104 are amended as follows.

2

In regulation 2—

a

in paragraph (1)—

i

omit the definition of “the Commission”;

ii

in the definition of “devolved policy authority”, for “and” substitute “or”;

b

in paragraph (4), for “as amended from time to time” substitute “as it had effect immediately before exit day”;

c

after paragraph (4) insert—

5

For the purposes of any reference to an Article or an Annex of the Directive, the Article or Annex is to be read—

a

subject to the modifications specified in Schedule 3; and

b

as if—

i

references to “Member State” or “Member States” (except in Articles 20 to 22) included a reference to the United Kingdom; and

ii

references to “Community legislation” or “existing Community legislation” were, in relation to the United Kingdom, references to retained EU law.

6

Any reference in these Regulations to “the requirements of the Directive” is a reference to the requirements of the Directive in so far as any such requirements are not reflected in any provision of these Regulations or by 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, and read—

a

as if they applied in relation to the United Kingdom as they apply in relation to a member State;

b

with the omission of any requirement to provide any information or other matter to the European Commission (however expressed), or any rights of access to or use of any information;

c

subject to the modifications specified in Schedule 3.

3

In regulation 5(1), after “must” insert “, in accordance with the requirements of Commission Decision (EU) 2017/848,”.

4

In regulation 6(1)(c), after “with” insert “the requirements of”.

5

In regulation 8(2) and (3), for “implementing”, in both places where it occurs, substitute “giving effect to the requirements of”.

6

In regulation 14, after paragraph (13) insert—

14

The competent authority must publish a report describing the progress made in implementing the programme of measures within 3 years of any update to that programme.

7

In regulation 15—

a

in paragraphs (4)(b), (6) and (7), omit “other” in each place where it occurs;

b

for paragraph (9) substitute—

9

The competent authority must—

a

prepare a report setting out the justification for any such cases identified; and

b

publish that report as soon as reasonably practicable in a form accessible to the public.

c

for paragraph (11)(a) substitute—

a

the competent authority must—

i

prepare a report setting out the necessary justification; and

ii

publish that report as soon as reasonably practicable in a form accessible to the public;

8

In regulation 16, for “any other EU instrument” substitute “by any provision of retained EU law other than these Regulations”.

9

Omit regulation 17.

10

In regulation 18—

a

in paragraph (3)—

i

after “The competent authority” insert “, when consulting under paragraph (1), and the Secretary of State, when consulting under paragraph (2),”;

ii

in sub-paragraph (a), for “its proposal” substitute “the proposal”;

b

in paragraph (4)—

i

after “The competent authority” insert “or the Secretary of State, as the case may be,”;

ii

after “they” insert “respectively”;

c

in paragraph (5), after “consultation” insert “under paragraph (1)”;

d

in paragraph (6), after “consultation” insert “under paragraph (1) or (2)”;

e

in paragraph (7), for the words before sub-paragraph (a) substitute—

After taking any decision in relation to a proposal following a consultation on that proposal, the competent authority or the Secretary of State, as the case may be, must publish a report in respect of that decision, which must—

f

in paragraph (8), after “OSPAR Commission” insert “(the Commission established by Article 10 of the Convention for the Protection of the Marine Environment of the North-East Atlantic)”.

11

In regulation 19—

a

in paragraph (1), for “implementing” substitute “giving effect to the requirements of”;

b

in paragraph (8)(a), after “giving effect to the” insert “requirements of the”.

12

In regulation 20(1), after “of the” insert “requirements of the”.

13

In Schedule 1—

a

in Part 1, in paragraph 5—

i

omit sub-paragraph (a);

ii

for sub-paragraph (b) substitute—

b

functions under section 58 of the Scotland Act 1998 (international obligations);

iii

in sub-paragraph (d)—

aa

omit “, or paragraph (5) of Schedule 3 to,”;

bb

for “(Community obligations)” substitute “(retained EU obligations)”;

b

in Part 2, omit the definition of “regional cooperation”.

14

After Schedule 2 insert Schedule 3, as set out in Schedule 1.