# The Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations 2019, 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“(b) determine the circumstances in which a recognised organisation’s authorisation may be suspended or withdrawn.”.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.

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Source: https://www.legislation.gov.uk/ukdsi/2019/9780111174548/regulation/5 (the official version)
Page: https://openlegislation.uk/draft-merchant-shipping-recognised-organisations-amendment-eu-exit-regulations-2019/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.