Explanatory Note
(This note is not part of the Regulations)
These Regulations are made in exercise of the powers in section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under paragraphs (a), (b), (c), (d) and (g) of section 8(2) of that Act) arising from the withdrawal of the United Kingdom from the European Union.
Regulation (EC) No 725/2004 (“the principal Regulation”) (OJ L 129, 29.4.2004, p. 6) provides for the interpretation, implementation and monitoring of the ship and port facility security provisions of the 1974 Convention of the Safety of Life at Sea (SOLAS), including the supplementary International Ship and Port Facility Security Code (ISPS Code). The UK is a signatory to the SOLAS Convention.
These Regulations make amendments to the principal Regulation and associated domestic legislation in the field of ship and port security.
Part 2 amends the principal Regulation to omit unnecessary definitions including ‘focal point for maritime security’ which is defined by reference to ‘Member State’. It restates provisions to preserve the current application of the principal Regulation, makes certain provisions more accessible and removes those which oblige the UK to provide information to the Commission. It replaces references which relate to the UK as an EU Member State, to ensure that existing regulatory requirements continue to apply when the UK is no longer an EU Member State. It also amends the principal Regulation to transfer from the Commission to the Secretary of State a limited power to exclude amendments to SOLAS and/or the ISPS Code in respect of international shipping, and more generally in respect of domestic shipping.
Part 3 makes amendments to subordinate legislation which are consequential on the amendments made to the principal Regulation. It omits regulations 5 and 7 of the Ship and Port Facility (Security) Regulations 2004 (S.I. 2004/1495) which, respectively, designate the Secretary of State for the purposes of the principal Regulation and provide for the inspection of companies and port facilities by the European Commission. This Part also makes amendments to the Port Security Regulations 2009 (S.I. 2009/2048) to remove provisions which relate to the United Kingdom's membership of the European Union and to enable the Secretary of State to continue to maintain the port security regime.
Part 4 revokes Commission Regulation (EC) No 324/2008 (OJ L 98, 10.4.2008, p.5) which relates to procedures for conducting Commission inspections in the field of maritime security.
Merchant Shipping Notices are published by the Maritime and Coastguard Agency. Copies may be downloaded from the MCA's website: https://www.gov.uk/government/organisations/maritime-and-coastguard-agency and are also available from the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton, SO15 1EG. Copies of the International Convention for the Safety of Life at Sea and International Ship and Port Facility Security Code can be obtained from the International Maritime Organization at 4 Albert Embankment, London SE1 7SR www.imo.org/publications.
An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen. An Explanatory Memorandum is available alongside the instrument on the UK legislation website, www.legislation.gov.uk.