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

Amendment of the Transport and Works Act 19922

1

Part 1 of the Transport and Works Act 19925 is amended as follows.

2

For section 6A(3)6 (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 20083

1

The Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 20087 are amended as follows.

2

In regulation 2 (interpretation)—

a

omit the definition of “the 1999 Directive”8;

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 fuels9;

3

In regulation 32(3A)(b)10 (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)11—

a

in paragraph 1 (interpretation), in the definition of “emission abatement method”12, for “1999 Directive” substitute “2016 Directive”;

b

in paragraph 213 (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)14 (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)15 (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)16 (analysis) for “articles 3a, 4, 4a and 4b of the 1999 Directive” substitute “Articles 4, 5, 6 and 7 of the 2016 Directive”.