The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019

Amendment of the Ship Recycling Facilities Regulations (Northern Ireland) 2015 U.K.

4.—(1) The Ship Recycling Facilities Regulations (Northern Ireland) 2015 M1 are amended as follows.

(2) In regulation 2 (interpretation), in paragraph 1—

F1 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) at the end insert—

““United Kingdom List” means the list of ship recycling facilities published by the Secretary of State under Article 16 of the EU Ship Recycling Regulation;

“United Kingdom ship” means a ship registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995.”.

(3) In regulation 4 (authorisation of ship recycling facilities)—

(a) in paragraph (1), for “and 14” substitute “ to 15 ”; and

(b) in paragraph (2), for “and 14” substitute “ to 15 ”.

(4) In regulation 5 (application of the 1978 Order), for “and 14” substitute “ to 15 ”.

[F2 (5) For regulation 6 (European List of facilities at which ships flying the flag of a Member State may be recycled) substitute—

“Facilities at which ships may be recycled

6.— (1) A ship recycling facility in Northern Ireland must not accept any ship flying the flag of a Member State within the scope of the EU Ship Recycling Regulation for ship recycling unless the ship recycling facility is included on the European List.

(2) A ship recycling facility in Northern Ireland must not accept any United Kingdom ship within the scope of the EU Ship Recycling Regulation for ship recycling unless the ship recycling facility is included on the United Kingdom List.

(3) A failure to comply with paragraph (1) or (2) has the same effect as failure to comply with a condition of a permit.

Obligations of the competent authority and the Secretary of State

6A.— (1) In respect of a ship recycling facility in Northern Ireland, the competent authority must inform the Secretary of State without delay of—

(a) the permitting of a ship recycling facility for inclusion on the European List;

(b) the suspension or withdrawal of a permit of a ship recycling facility that is included on the European List.

(2) The Secretary of State must carry out the functions of the Member State referred to in Article 14(2) of the EU Ship Recycling Regulation, and must inform the European Commission in accordance with Article 14(3) and 14(4) of that Regulation.”.]

Textual Amendments

F1 Reg. 4(2)(a) omitted (31.12.2020 immediately before IP completion day) by virtue of The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1429), regs. 1, 3(a)

F2 Reg. 4(5) substituted (31.12.2020 immediately before IP completion day) by The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1429), regs. 1, 3(b)

Commencement Information

I1 Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M1 S.R. 2015 No. 229, as amended by S.R. 2018 No. 171.