{
  "url": "https://openlegislation.uk/draft-merchant-shipping-and-other-transport-environmental-protection-amendment-eu-exit-regulations-2018/regulation-8",
  "json_url": "https://openlegislation.uk/draft-merchant-shipping-and-other-transport-environmental-protection-amendment-eu-exit-regulations-2018/regulation-8.json",
  "legislation": "ukdsi/2018/9780111175088",
  "legislation_title": "The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2018",
  "legislation_url": "https://openlegislation.uk/draft-merchant-shipping-and-other-transport-environmental-protection-amendment-eu-exit-regulations-2018",
  "path": "regulation/8",
  "kind": "regulation",
  "number": "8",
  "heading": "Amendment of Regulation (EC) 782/2003",
  "text": "(1) Regulation (EC) No 782/2003 of the European Parliament and of the Council of 14th April 2003 on the prohibition of organotin compounds on ships is amended as follows.\n(2) In Article 2 (definitions)—\n(a) in paragraph 6 for the definition of ‘recognised organisation’ substitute—\n“‘recognised organisation’ means an organisation recognised in accordance with Regulation (EC) 391/2009 of the European Parliament and of the Council of 23rd April 2009 on common rules and standards for ship inspection and survey organisations;”;\n(b) in paragraph 7—\n(i) after “when it is issued by” insert “a Certifying Authority or”;\n(ii) for “its behalf” substitute “behalf of the Secretary of State or the administration of any Member State”;\n(c) in paragraph 9—\n(i) after “issued by” insert “a Certifying Authority or”;\n(ii) after “on behalf of” insert “the Secretary of State or”;\n(d) at the end of paragraph 10 insert—\n“;\n11. ‘United Kingdom ship’ has the same meaning as in section 85(2) of the Merchant Shipping Act 1995;\n12. ‘Certifying Authority’ means the Secretary of State or any person authorised by the Secretary of State in accordance with regulation 4 (certifying authorities) of the Merchant Shipping (Survey and Certification) Regulations 2015.”.\n(3) In Article 3 (scope)—\n(a) before point (a) of paragraph 1, insert—\n“(za) United Kingdom ships,”;\n(b) in point (b) of paragraph 1 after “the authority of” insert “the United Kingdom or”;\n(c) in point (c) of paragraph 1 after “offshore terminal of” insert “the United Kingdom or”.\n(4) In Article 5 (prohibition of the bearing of organotin compounds which act as biocides), for “Ships” substitute “United Kingdom ships and ships”.\n(5) In Article 6 (survey and certification)—\n(a) in paragraph 1—\n(i) for “ships flying the flag of a Member State” substitute “United Kingdom ships”;\n(ii) after point (b) of paragraph 1 omit the unnumbered paragraph;\n(iii) omit point (c);\n(b) in paragraph 2 for “Member States”, in each place it occurs, substitute “a Certifying Authority”;\n(c) omit paragraph 3.\n(6) In Article 7 (Port State control)—\n(a) in the first unnumbered paragraph for “Member States”, in each place it occurs, substitute “the Secretary of State or persons appointed by the Secretary of State”;\n(b) omit the second unnumbered paragraph.\n(7) For Article 8 (adaptations) substitute—\n“Article 8\nAdaptations\n1. Subject to paragraph 2, the Secretary of State may make regulations to amend references in this Regulation to—\n(a) the AFS-Convention;\n(b) the AFS-Certificate;\n(c) the AFS-Declaration;\n(d) the AFS-Statement of Compliance;\n(e) the European AFS-Statement of Compliance;\n(f) the Annexes to this Regulation, including relevant International Maritime Organisation guidelines in relation to Article 11 of the AFS-Convention.\n2. The power in paragraph 1 may only be exercised where the Secretary of State considers it necessary in order to—\n(a) take account of developments at international level and in particular in the International Maritime Organisation; or\n(b) improve the effectiveness of this Regulation.\n3. Any power to make regulations under paragraph 1 is exercisable by statutory instrument.\n4. Regulations made under paragraph 1 may—\n(a) make different provision for different purposes, cases or areas;\n(b) make consequential, incidental, supplementary, transitional or transitory or saving provisions.\n5. A statutory instrument containing regulations made under paragraph 1 is subject to annulment in pursuance of a resolution of either House of Parliament..”.\n(8) Omit Article 9 (committee) and Article 10 (evaluation).\n(9) In Article 11 (entry into force) omit the second sentence.\n(10) In Annex 1 (surveys and certification requirements for anti-fouling systems on ships flying the flag of a Member State)—\n(a) in the heading for “ships flying the flag of a Member State” substitute “United Kingdom ships”;\n(b) in paragraph 1 (surveys)—\n(i) for point 3 substitute—\n“1.3 Surveys shall be carried out by officers duly authorised by the Secretary of State or the administration of a Member State, or of a party to the AFS-Convention, or by a surveyor nominated for the purpose by the Secretary of State or the administration of a Member State, or by a recognised organisation acting on behalf of the Secretary of State or the administration of a Member State.;”;\n(ii) in point 4 for “Member States” substitute “a Certifying Authority”;\n(c) in paragraph 2 (certification)—\n(i) for point 1 substitute—\n“2.1 After completion of a survey referred to in point 1.1(a) or (b), a Certifying Authority shall issue an AFS-Certificate.;”;\n(ii) in point 2 for “A Member State” substitute “A Certifying Authority”;\n(iii) in point 3 for “Member States” substitute “The Secretary of State”;\n(iv) in point 4 for “Member States” substitute “A Certifying Authority”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1995 c. 21."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2018/9780111175088/regulation/8",
    "retrieved_at": "2026-10-30T15:03:17.199433+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}