The Secretary of State may, by regulations, make provision laying down specifications and standardised methods for monitoring and assessment with the purpose of ensuring comparability of those assessments across the marine strategy area.

Power to make provision in relation to ecosystem elements, anthropogenic pressures and human activities, characteristics for setting environmental targets, and monitoring programmes

22

(1) The Secretary of State may, by regulations, make provision—

(a) specifying indicative lists of ecosystem elements, anthropogenic pressures and human activities relevant to the marine waters (see Annex 3 to the Directive);

(b) specifying an indicative list of characteristics to be taken into account for setting environmental targets (see Annex 4 to the Directive);

(2) The provision which may be made under paragraph (1) includes—

(a) requiring a reference to a relevant Annex to the Directive (or a reference which encompasses that Annex) to be read as a reference to that Annex with modifications;

(b) amending a provision which corresponds to that made by a relevant Annex.

(3) Regulations under paragraph (1) may amend any subordinate legislation (which, for the purpose of this regulation, has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018) or assimilated direct legislation.

(4) The Secretary of State may only exercise the power in paragraph (1) to the extent that the Secretary of State considers it appropriate to do so as a result of scientific and technical progress.

(5) When exercising the power in paragraph (1) the Secretary of State must take into account the period for review and updating of the marine strategy (or elements of it) developed in accordance with regulation 5 of these Regulations.

(6) The relevant Annexes to the Directive are—

(a) Annex 3 (indicative lists of ecosystem elements, anthropogenic pressures and human activities relevant to marine waters);

(b) Annex 4 (indicative list of characteristics to be taken into account for setting environmental targets);

Power to establish standardised methods

23

The Secretary of State may, by regulations, make provision specifying standardised methods relating to the application of—

(a) any qualitative descriptors for determining good environmental status (see Annex 1 to the Directive);

(b) any ecosystem elements, anthropogenic pressures and human activities relevant to marine waters (see Annex 3 to the Directive);

(d) any monitoring programmes (see Annex 5 to the Directive).

Regulations: general

24

(1) The Secretary of State may make regulations under this Part in relation to the whole of the marine strategy area.

(2) Before making any regulations under this Part, the Secretary of State must obtain the consent of—

(a) for regulations applying in relation to Scotland (which has the meaning given by section 126(1) of the Scotland Act 1998), the Scottish Ministers;

(b) for regulations applying in relation to Wales (which has the meaning given by section 158(1) of the Government of Wales Act 2006), the Welsh Ministers;

(c) for regulations applying in relation to Northern Ireland (which has the meaning given by section 98(1) of the Northern Ireland Act 1998), the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.

(3) Before making any regulations under this Part which affect or are likely to affect the exercise of any devolved function, the Secretary of State must obtain the consent of the relevant devolved policy authority.

(4) Where any devolved policy authority requests that the Secretary of State make regulations under this Part, the Secretary of State must have regard to that request.

Regulations: consultation

25

(1) Before making any regulations under this Part, the Secretary of State must consult—

(a) the devolved policy authorities;

(b) such bodies or persons as appear to the Secretary of State to be interested in or affected by the making of the regulations, including the OSPAR Commission (the Commission established by Article 10 of the Convention for the Protection of the Marine Environment of the North-East Atlantic) and any other interested organ of an international organisation.

(2) After taking any decision following consultation under paragraph (1), the Secretary of State must publish a report in respect of that decision.

Regulations: procedure

26

(1) Any power to make regulations under this Part is exercisable by statutory instrument.

(2) A statutory instrument containing regulations is subject to annulment in pursuance of a resolution of either House of Parliament.

(3) Regulations made under this Part may—

(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments or assimilated direct legislation);

(b) make different provision for different purposes.

SCHEDULE3 — Modification of Marine Strategy Framework Directive

1

Omit the following provisions—

(a) in Article 4(2), the final subparagraph;

(b) in Article 5(3), from “In these cases” to the end;

(d) Article 9(2);

(e) Article 10(2);

(f) Article 11(3);

(g) Article 12;

(h) Article 13(9);

(i) Article 15;

(j) Article 16;

(k) Article 18;

(l) Article 23;

(m) Article 24;

(n) Article 26;

(o) in Annex 1, the final sentence in the paragraph after point (11);

(p) Annex 2.

2

In Article 3(9), for “third countries” substitute “other countries”.

3

In Article 5(2), omit “for which Member States concerned endeavour to follow a common approach”.

4

In Article 6(2)—

(a) in the first subparagraph, for “third countries” substitute “other countries”;

(b) in the third subparagraph—

(i) after “Member States”, in the first place where it occurs, insert “and other countries”;

(ii) omit “in order to allow Member States”.

5

In Article 8(2), after “in particular” insert “any enactment giving effect to”.

6

In Article 9(3), omit—

(a) “in accordance with the regulatory procedure with scrutiny referred to in Article 25(3)”;

(b) the final sentence.

7

In Article 10(1), omit “, Community”.

8

In Article 11—

(a) in paragraph 1, omit “including the Habitats and Birds Directives”;

(b) in paragraph 4, omit “in accordance with the regulatory procedure with scrutiny referred to in Article 25(3)”.

9

In Article 13—

(a) in paragraph 2, for the words from “in particular Directive 2000/60/EC” to “forthcoming legislation on environmental quality standards in the field of water policy” substitute “(in particular in relation to water quality, including urban waste-water treatment and bathing water quality)”;

(b) in paragraph 3, omit “referred to in Article 7”;

(i) for “special areas of conservation pursuant to the Habitats Directive, special protection areas pursuant to the Birds Directive” substitute “special areas of conservation or special protection areas pursuant to assimilated law”;

(ii) for “Community or Members States concerned in the framework of international or regional agreements to which they are parties” substitute “United Kingdom in the framework of international or regional agreements to which it is a party”;

(d) in paragraph 5, omit─

(i) “Community or”;

(ii) “, individually or jointly,”;

(iii) “competent authority or”;

(e) in paragraph 10, omit “Subject to Article 16”.

10

In Article 14—

(a) in paragraph 1, in the second subparagraph, omit “and shall substantiate its views to the Commission”;

(b) in paragraph 4, omit the second subparagraph.

11

In Article 17—

(a) in paragraph 3—

(i) omit “to the Commission,”;

(ii) omit “and to any other Member State concerned”;

(iii) for “Article 19(2)” substitute “regulation 18(7) of the Marine Strategy Regulations 2010”;

(b) omit paragraph 4.

12

In Article 19(3)—

(a) in the first subparagraph, for “Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information” substitute “the assimilated law which transposed Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information”;

(b) omit the second and third subparagraphs.

13

In Annex 3—

(a) in the notes below Table 1, in Note 1 and Note 3, for “in accordance with Article 9(3)” substitute “in Commission Decision (EU) 2017/848 laying down criteria and methodological standards on good environmental status of marine waters and specifications and standardised methods for monitoring and assessment”;

(b) in the notes below Table 2, in Note 3, for “in accordance with Article 9(3)” substitute “in Commission Decision (EU) 2017/848 laying down criteria and methodological standards on good environmental status of marine waters and specifications and standardised methods for monitoring and assessment”.

14

In Annex 4, in point (11), for “the Community and its Member States have committed themselves” substitute “the United Kingdom has committed itself”.

15

In Annex 5, in point (9), for “at Community level” substitute “at regional or subregional level”.

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