Regulation 5 Amendment of Commission Decision 2009/491/EC

(1)

Commission Decision 2009/491/EC on criteria to be followed in order to decide when the performance of an organisation acting on behalf of a flag State can be considered an unacceptable threat to safety and the environment, is amended as follows.

(2)

In Article 2 (criteria to be followed), for “a flag State” substitute “the Secretary of State”.

(3)

In Article 3 (additional factors to be taken into account)—

(a)

at each place it occurs, for “Commission” substitute “Secretary of State”;

(b)

in paragraph 1–

(i)

for “a flag State” substitute “the Secretary of State”;

(ii)

omit “that come to its knowledge”.

(4)

In Article 4 (power to amend Annex I)—

(a)

omit paragraph 1;

(b)

in paragraph 2–

(i)

in the first line for the words “Where” to “Directive 94/57/EC” substitute “The Secretary of State may by regulations”;

(ii)

for sub-paragraph (b) substitute–

“(b)
determine the circumstances in which a recognised organisation’s authorisation may be suspended or withdrawn.”.

(5)

After Article 4 (power to amend Annex I) insert—

“Article 4A
Regulations: procedure

1.

The power to make regulations conferred on the Secretary of State by paragraph 2 of Article 4 is exercisable by statutory instrument.

2.

A statutory instrument containing regulations made under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.”

(6)

Omit Articles 5 (form of reports to the Commission) and 6 (application) and Annex II.