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

Amendment of Article 2

This section has no associated Explanatory Memorandum

7.—(1) Article 2 is amended as follows.

(2) In the heading, at the end insert “and interpretation”.

(3) The first paragraph is renumbered paragraph 1.

(4) In the first paragraph, for “laid down in Article 3 of Directive 2008/56/EC shall apply” substitute “in regulation 3 (meaning of the “marine strategy area” and “marine waters”) of, and Part 2 of Schedule 1 to, the Marine Strategy Regulations 2010 apply”.

(5) The second paragraph is renumbered paragraph 2.

(6) In the second paragraph, after point (5) insert—

(6) “regional sea convention” means any of the international conventions or international agreements together with their governing bodies established for the purpose of protecting the marine environment of the marine regions referred to in Article 4, such as the Convention on the Protection of the Marine Environment of the Baltic Sea, the Convention for the Protection of the Marine Environment of the North-east Atlantic and the Convention for the Marine Environment and the Coastal Region of the Mediterranean Sea.

(7) “regional cooperation” means cooperation and coordination of activities between the United Kingdom and, whenever possible, other countries sharing the same marine region or subregion, for the purpose of developing and implementing marine strategies.

(8) “competent authority” has the meaning given by regulation 2(1) of the Marine Strategy Regulations 2010.

(9) “devolved policy authority” has the meaning given by regulation 2(1) of the Marine Strategy Regulations 2010..

(7) After the second paragraph insert—

3.  For the purposes of any reference to Directive 2008/56/EC, or to any Article or Annex of that Directive, that Directive, or the Article or Annex, is to be read subject to the modifications specified in Annex 2 and as if—

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

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