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5.—(1) Commission Decision 2009/491/EC on criteria to be followed in order to decide when the performance of an organisation acting on behalf of a flag State can be considered an unacceptable threat to safety and the environment, is amended as follows.
(2) In Article 2 (criteria to be followed), for “a flag State” substitute “the Secretary of State”.
(3) In Article 3 (additional factors to be taken into account)—
(a)at each place it occurs, for “Commission” substitute “Secretary of State”;
(b)in paragraph 1–
(i)for “a flag State” substitute “the Secretary of State”;
(ii)omit “that come to its knowledge”.
(4) In Article 4 (power to amend Annex I)—
(a)omit paragraph 1;
(b)in paragraph 2–
(i)in the first line for the words “Where” to “Directive 94/57/EC” substitute “The Secretary of State may by regulations”;
(ii)for sub-paragraph (b) substitute–
“(b)determine the circumstances in which a recognised organisation’s authorisation may be suspended or withdrawn.”.
(5) After Article 4 (power to amend Annex I) insert—
1. The power to make regulations conferred on the Secretary of State by paragraph 2 of Article 4 is exercisable by statutory instrument.
2. A statutory instrument containing regulations made under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.”
(6) Omit Articles 5 (form of reports to the Commission) and 6 (application) and Annex II.
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