{
  "url": "https://openlegislation.uk/merchant-shipping-recognised-organisations-amendment-eu-exit-regulations-2019/regulation-5",
  "json_url": "https://openlegislation.uk/merchant-shipping-recognised-organisations-amendment-eu-exit-regulations-2019/regulation-5.json",
  "legislation": "uksi/2019/270",
  "legislation_title": "The Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations 2019",
  "legislation_url": "https://openlegislation.uk/merchant-shipping-recognised-organisations-amendment-eu-exit-regulations-2019",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Amendment of Commission Decision 2009/491/EC",
  "text": "(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.\n(2) In Article 2 (criteria to be followed), for “a flag State” substitute “ the Secretary of State ”.\n(3) In Article 3 (additional factors to be taken into account)—\n(a) at each place it occurs, for “Commission” substitute “ Secretary of State ”;\n(b) in paragraph 1–\n(i) for “a flag State” substitute “ the Secretary of State ”;\n(ii) omit “that come to its knowledge”.\n(4) In Article 4 (power to amend Annex I)—\n(a) omit paragraph 1;\n(b) in paragraph 2–\n(i) in the first line for the words “Where” to “Directive 94/57/EC” substitute “ The Secretary of State may by regulations ”;\n(ii) for sub-paragraph (b) substitute–\n“(b) determine the circumstances in which a recognised organisation's authorisation may be suspended or withdrawn.”.\n(5) After Article 4 (power to amend Annex I) insert—\n“Article 4A\nRegulations: procedure\n1 The power to make regulations conferred on the Secretary of State by paragraph 2 of Article 4 is exercisable by statutory instrument.\n2 A statutory instrument containing regulations made under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.”\n(6) Omit Articles 5 (form of reports to the Commission) and 6 (application) and Annex II.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2019/270/regulation/5",
    "retrieved_at": "2026-10-28T22:47:20.214793+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."
}