The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018

Made: 14th December 2018

Coming into force in accordance with regulation 1

The Secretary of State, in exercise of the powers conferred by section 8 of the European Union (Withdrawal) Act 2018 , makes the following Regulations.

In accordance with paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018 a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament:

PART 1 — Introduction

Citation and commencement

1

These Regulations may be cited as the Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 and come into force on exit day.

PART 2 — Amendment of subordinate legislation

Amendment of the Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) and the Port State Control (Amendment) Regulations 2017

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• (1) The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) and the Port State Control (Amendment) Regulations 2017 are amended as follows.

• (2) In regulation 2 (interpretation), at the end add—

(3) In these Regulations a certificate of compliance includes a certificate issued pursuant to the 2015 Regulation as it has effect in EU law on and after IP completion day.

• (3) In regulation 4 (requirement to carry a document of compliance), in paragraph (4) for “under the jurisdiction of an EEA State” substitute “ in the United Kingdom ”.

• (4) Omit regulations 7 (expulsion order) and 8 (power to permit prohibited ships to enter port).

PART 3 — Amendment of retained direct EU legislation

Amendment of Commission Regulation (EU) 2015/757

3

• (1) Commission Regulation (EU) 2015/757 of the European Parliament and of the Council of 29 April 2015 on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport, and amending Directive 2009/16/EC is amended as follows.

• (2) In Article 2 (scope), for “under the jurisdiction of a Member State”, wherever it appears, substitute “ in the United Kingdom ”.

• (3) In Article 3 (definitions), in the definition of “ship at berth” for “under the jurisdiction of a Member State” substitute “ in the United Kingdom ”.

• (4) In Article 4 (common principles for monitoring and reporting), for “under the jurisdiction of a Member State”, wherever it appears, substitute “in the United Kingdom.

• (5) In Article 5 (methods for monitoring CO₂ emissions and other relevant information), in paragraph 2—

• (a) in the first sentence omit the words from “Commission” to “Article 23” and substitute “Secretary of State may make regulations” and omit the full stop after “standards”,

• (b) in the second sentence, for the words from “The Commission” to “Article 23” substitute “ and ”.

• (6) In Article 6 (content and submission of monitoring plan)—

• (a) in paragraph 2, for “under the jurisdiction of a Member State”, substitute “ in the United Kingdom ”,

• (b) in paragraph 5, for the words “determined by the Commission” to the end substitute “ in the form specified in regulations made by the Secretary of State. ”.

• (7) In Article 9 (monitoring on a per-voyage basis)—

• (a) in paragraph 1, for “under a Member State's jurisdiction” substitute “ in the United Kingdom ”,

• (b) in paragraph 2(a) for “under the jurisdiction of a Member State” substitute “ in the United Kingdom ”.

• (8) In Article 10 (monitoring on an annual basis), for “under a Member State's jurisdiction”, wherever it appears, substitute “ in the United Kingdom ”.

• (9) In Article 11 (content of the emissions report), in paragraph 1, omit the words from “Commission” to “concerned” and substitute “Secretary of State”.

• (10) In Article 12 (format of the emissions report), for paragraph 2 substitute—

(2) The technical rules establishing the data exchange formats, including the electronic templates, shall be in the form specified by regulations made by the Secretary of State.

• (11) In Article 15 (verification procedures), in paragraph 5—

• (a) in the first sentence omit the words from “Commission” to “order” and substitute “Secretary of State may make regulations”,

• (b) in the second sentence, omit “When adopting these acts, the Commission” and substitute “ The Secretary of State ”.

• (12) In Article 16 (accreditation of verifiers), in paragraph 3

• (a) In the first sentence, omit the words from “Commission” to “order” and substitute “Secretary of State may make regulations ”,

• (b) in the second sentence omit “When adopting these acts, the Commission” and substitute “ The Secretary of State ”,

• (c) in the third sentence, omit “in those delegated acts”.

• (13) In Article 17 (document of compliance—

• (a) in paragraph 4 for “Commission” substitute “ Secretary of State ”,

• (b) in paragraph 5—

• (i) omit the words from “Commission” to “acts” and substitute “Secretary of State may make regulations specifying”; and

• (ii) omit the second sentence.

• (14) In Article 18 (obligation to carry a valid document of compliance on board) for “under the jurisdiction of a Member State” substitute “ in the United Kingdom ”.

• (15) Omit Article 19 (compliance with monitoring and reporting requirement).

• (16) Omit Article 20 (penalties, information exchange and expulsion order).

• (17) In Article 21 (publication of information and Commission report)—

• (a) in the heading omit “and Commission report”,

• (b) in paragraphs 1, 2, 3 and 4, for “Commission”, wherever it appears, substitute “ Secretary of State ”,

• (c) omit paragraphs 5 and 6.

• (18) In Article 22 (international cooperation)—

• (a) in paragraph 1—

• (i) for “Commission” substitute “ Secretary of State ”, and

• (ii) omit the words from “without prejudice” to the end;

• (b) in paragraph 2, omit the words from “Commission” to “States” and substitute “ Secretary of State”,

• (c) in paragraph 3—

• (i) for “Commission” substitute “ Secretary of State ”; and

• (ii) omit the words after “Regulation” to the end.

• (19) In Article 23 (exercise of delegation) —

• (a) for the title substitute “ Regulations ”,

• (b) for paragraph 1 substitute “ Any power of the Secretary of State to make regulations shall be exercisable by statutory instrument. ”,

• (c) for paragraph 2 substitute “ Any statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament. ”,

• (d) omit paragraphs 3 to 5.

• (20) Omit Article 24(committee procedure).

Amendment of Commission Implementing Regulation (EU) 2016/1927

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• (1) Commission Implementing Regulation (EU) 2016/1927 of 4 November 2016 on templates for monitoring plans, emissions reports and documents of compliance pursuant to Regulation (EU) 2015/757 of the European Parliament and of the Council on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport, and amending Directive 2009/16/EC is amended as follows.

• (2) In article 3 (electronic template of the emissions report), for words from “available” until the end of the sentence substitute “ published by the Secretary of State and available on the gov.uk website ”.

• (3) In article 4 electronic version of the document of compliance), for “available in Thetis MRV” substitute “ published by the Secretary of State and available on the gov.uk website ”.

• (4) In Annex I (template for monitoring plans)—

• (a) for “EU MRV procedures”, wherever it appears, substitute “ MRV procedures ”,

• (b) for “EU MRV Regulation” wherever it appears, substitute “ MRV Regulation ”.

• (5) In Part D (results from annual monitoring of the parameters in accordance with article 10) of Annex II for “ports under a Member State's jurisdiction”, wherever it appears, substitute “ a port in the United Kingdom ”.

Signed

Signed by authority of the Secretary of State for Transport

Nusrat Ghani — Parliamentary Under Secretary of State — 2018-12-14

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2018 c.16.

[^f00002]: S.I. 2017/825.

[^f00003]: O.J. L 123, 19.5.2015, p.55.

[^f00004]: O.J. L 299, 5.11.2016, p. 1.

Editorial notes

[^c23493001]: 2018 c.16.

[^c23493011]: S.I. 2017/825.

[^c23493021]: O.J. L 123, 19.5.2015, p.55.

[^c23493031]: O.J. L 299, 5.11.2016, p. 1.

[^key-784eb14c15000f81383b8a41ba14a084]: Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-6de271de17a4e4cff25a570aace6686f]: Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-eb95b468778380cb5f6580af8d47d101]: Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-91996ec97c71f866de0febf085262746]: Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-c1bcd5875902cb3add8899769089c9de]: Words in reg. 2(2) substituted (31.12.2020 immediately before IP completion day) by The Merchant Shipping (Consequential Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1000), regs. 1, 3