The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019

PART 2 Amendment of legislation made under the European Communities Act 1972

Amendment of the Transport and Works Act 1992

2.—(1) Part 1 of the Transport and Works Act 1992(1) is amended as follows.

(2) For section 6A(3)(2) (cases where other Member States are affected) substitute—

“(3) “Member State”, in relation to any time, includes a State which is at that time a party to the EEA agreement.”.

Amendment of the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008

3.—(1) The Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008(3) are amended as follows.

(2) In regulation 2 (interpretation)—

(a) omit the definition of “the 1999 Directive”(4);

(b) after the definition of “the 1995 Regulations” insert—

““the 2016 Directive” means Directive (EU) 2016/802 of the European Parliament and of the Council of 11th May 2016 relating to a reduction in the sulphur content of certain liquid fuels(5);”.

(3) In regulation 32(3A)(b)(6) (offences) for “articles 4c2, 4c3 or 4d of the 1999 Directive” substitute “paragraphs 2 and 4 of Article 8, and Article 9, of the 2016 Directive”.

(4) In Schedule 2A (sulphur oxides)(7)—

(a) in paragraph 1 (interpretation), in the definition of “emission abatement method”(8), for “1999 Directive” substitute “2016 Directive”;

(b) in paragraph 2(9) (control of sulphur oxide emissions: general provisions), in each place it occurs, for “Article 4c of the 1999 Directive” substitute “Article 8 of the 2016 Directive”;

(c) in paragraph 3(2)(d)(ii)(10) (maximum sulphur content of marine fuel used by passenger ships) for “articles 4c2, 4c3 and 4d of the 1999 Directive” substitute “paragraphs 2 and 4 of Article 8, and Article 9, of the 2016 Directive”;

(d) in paragraph 4(2)(e)(ii)(11) (maximum content of marine fuel used by ships at berth) for “articles 4c2, 4c3 and 4d of the 1999 Directive” substitute “paragraphs 2 and 4 of Article 8, and Article 9, of the 2016 Directive”;

(e) in paragraph 10(3)(12) (analysis) for “articles 3a, 4, 4a and 4b of the 1999 Directive” substitute “Articles 4, 5, 6 and 7 of the 2016 Directive”.

(1)

1992 c. 42.

(2)

As inserted by S.I. 1998/2226, and subsequently amended by S.I. 2000/3199.

(3)

S.I. 2008/2924, as amended by S.I. 2010/895, S.I. 2010/3035, S.I. 2011/3056, S.I. 2014/3076, S.I. 2014/3306 and S.I. 2016/1025.

(4)

Definition inserted by S.I. 2014/3076.

(5)

O.J. No. L 132, 21.05.2016, p. 58.

(6)

Regulation 32(3A) was inserted by S.I. 2010/895 and subsequently substituted by S.I. 2014/3076.

(7)

Schedule 2A was inserted by S.I. 2010/895.

(8)

Definition substituted by S.I. 2014/3076.

(9)

Paragraph 2 was amended by S.I. 2014/3076.

(10)

Paragraph 3(2)(d) was substituted by S.I. 2014/3076.

(11)

Paragraph 4(2)(e) was substituted by S.I. 2014/3076.

(12)

Paragraph 10(3) was substituted by S.I. 2014/3076.