Part 2Amendments of Regulation (EC) No 725/2004
Amendments of Article 10I111
1
Article 10 of the principal Regulation (integration of amendments to international instruments) is amended as follows.
2
In the heading, for “Integration of” substitute “
Power to exclude
”
.
3
For paragraph 1 substitute—
1
1
Subparagraph (2) applies if the Secretary of State determines by regulations under paragraph 5 that an amendment made to the special maritime security measures or to Part A of the ISPS Code is to be excluded in relation to international shipping.
2
For the purposes of the application of the special maritime security measures and Part A of the ISPS Code by virtue of Article 3(1) of this Regulation (application in respect of international shipping), the amendment is to be treated as not having been made.
4
For paragraph 2 substitute—
2
1
Subparagraph (2) applies if the Secretary of State determines by regulations made under this subparagraph that an amendment made to the special maritime security measures or to Part A of the ISPS Code (which would not otherwise be excluded, by virtue of being excluded in relation to international shipping: see paragraphs 2(1) and 3(1) of Article 3) is to be excluded in relation to domestic services.
2
For the purposes of the application of the special maritime security measures and Part A of the ISPS code by virtue of Article 3(2) and (3) of this Regulation (application in respect of domestic services), the amendment is to be treated as not having been made.
5
Omit paragraphs 3 and 4.
6
For paragraph 5 substitute—
5
If it appears to the Secretary of State that there is a manifest risk that an amendment to the special maritime security measures or to Part A of the ISPS Code will lower the standard of maritime security, the Secretary of State may by regulations determine that the amendment is to be excluded in relation to international shipping.
7
After paragraph 5 insert—
5A
1
Regulations under this Article are to be made by statutory instrument.
2
An instrument containing regulations under this Article is subject to annulment in pursuance of a resolution of either House of Parliament.
8
Omit paragraph 6.
9
Omit paragraph 7.
10
Omit paragraph 8.