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The Port Services (Amendment) (EU Exit) Regulations (Northern Ireland) 2020

S.R. 2020/276 · Made 20 November 2020

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Exiting The European Union

Harbours

Made 20th November 2020

Coming into operation 31st December 2020

The Department for Infrastructuref1 makes these Regulations in exercise of the powers conferred by section 11 of, and paragraph 1(1) of Schedule 2 to, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018f2.

Annotations to the whole text

Footnotes

f1

2016 c. 5 (N.I.) section 1

f2

2018 c. 16

Contents

  1. 1Citation and commencement
  2. 2Amendment of Regulation (EU) 2017/352 of the European Parliament and of the Council
  3. 3Amendment of Regulation (EU) 2017/352 of the European Parliament and of the Council
  4. 4Amendment of Regulation (EU) 2017/352 of the European Parliament and of the Council
  5. 5Amendment of Regulation (EU) 2017/352 of the European Parliament and of the Council
  6. 6Amendment of Regulation (EU) 2017/352 of the European Parliament and of the Council
  7. 7Amendment of Regulation (EU) 2017/352 of the European Parliament and of the Council
  8. 8Amendment of Regulation (EU) 2017/352 of the European Parliament and of the Council
  9. 9Amendment of Regulation (EU) 2017/352 of the European Parliament and of the Council
  10. 10Amendment of Regulation (EU) 2017/352 of the European Parliament and of the Council
  11. 11Amendment of Regulation (EU) 2017/352 of the European Parliament and of the Council
  12. 12Amendment of Regulation (EU) 2017/352 of the European Parliament and of the Council
  13. 13Amendment of Regulation (EU) 2017/352 of the European Parliament and of the Council
  14. 14Amendment of Regulation (EU) 2017/352 of the European Parliament and of the Council
  15. 15Amendment of Regulation (EU) 2017/352 of the European Parliament and of the Council
  16. 16Amendment of Regulation (EU) 2017/352 of the European Parliament and of the Council
  17. Signature
  18. Explanatory note

1Citation and commencement

These Regulations may be cited as the Port Services (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 and come into operation on 31st December 2020.

2Amendment of Regulation (EU) 2017/352 of the European Parliament and of the Council

Regulation (EU) 2017/352 of the European Parliament and of the Council of 15th February 2017 establishing a framework for the provision of port services and common rules on the financial transparency of ports is amended as follows.

3Amendment of Regulation (EU) 2017/352 of the European Parliament and of the Council

In Article 1 —

(a)

in paragraph 4, after “all” insert “Northern Ireland”;

(b)

omit paragraphs 5 and 6;

(c)

in paragraph 7, for “Directives 2014/23/EU and 2014/24/EU of the European Parliament and of the Council and Directive 2014/25/EU” substitute “the Concession Contracts Regulations 2016f1, the Public Contracts Regulations 2015f2 and the Utilities Contracts Regulations 2016f3”.

4Amendment of Regulation (EU) 2017/352 of the European Parliament and of the Council

In Article 2 —

(a)

in paragraph (2), for “Member State” substitute “relevant authority”;

(b)

in paragraph (10), for “Directive 2000/59/EC of the European Parliament and of the Council” substitute “regulation 2(1) of the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003f1”;

(c)

after paragraph (14) insert, “(14A) ‘relevant authority’ means the Department for Infrastructure;”.

5Amendment of Regulation (EU) 2017/352 of the European Parliament and of the Council

In Article 3(2), for “Member States may decide by national law” substitute “The relevant authority may decide”.

6Amendment of Regulation (EU) 2017/352 of the European Parliament and of the Council

In Article 4 —

(a)

in paragraph 2 —

(i)

in point (f), omit “, Union”;

(ii)

in point (g), for “the Member State of the port concerned” substitute “Northern Ireland”;

(b)

omit paragraph 3;

(c)

in paragraph 6, omit “and the procedure for the granting of the right to provide port services under those requirements by 24 March 2019 or, in the case of minimum requirements that are to apply after that date,”.

7Amendment of Regulation (EU) 2017/352 of the European Parliament and of the Council

In Article 6 —

(a)

in paragraph 1(e) —

(i)

for “Article 35 of the Directive 2014/25/EU” substitute “regulation 35 of the Utilities Contracts Regulations 2016”;

(ii)

for “a Member State” substitute “Northern Ireland”;

(iii)

for “Article 34 of that Directive” substitute “regulation 34 of the Utilities Contracts Regulations 2016”;

(b)

in paragraph 5, for “and in paragraph 7 of this Article and in Article 8” substitute “, regulation 4 of the Port Services Regulations 2019f1 and Article 8”;

(c)

in paragraph 6, for “Member State concerned” substitute “relevant authority”;

(d)

omit paragraph 7.

8Amendment of Regulation (EU) 2017/352 of the European Parliament and of the Council

In Article 7 —

(a)

in paragraph 1, for “Member States” substitute “The relevant authority”;

(b)

in paragraph 2, omit “, and shall guarantee equality of access to all providers of port services established in the Union”;

(c)

omit paragraph 3.

9Amendment of Regulation (EU) 2017/352 of the European Parliament and of the Council

In Article 9 —

(a)

in paragraph 1, for “the Member States” substitute “Northern Ireland”;

(b)

in paragraph 2 —

(i)

omit “Union and”;

(ii)

omit “Union law,”;

(c)

in paragraph 3, for “Directive 2001/23/EC” substitute “the Transfer of Undertaking (Protection of Employment) Regulations 2006f1”.

10Amendment of Regulation (EU) 2017/352 of the European Parliament and of the Council

Omit Article 10(2).

11Amendment of Regulation (EU) 2017/352 of the European Parliament and of the Council

In Article 11 —

(a)

in paragraph 5 —

(i)

omit “in the Member State concerned”;

(ii)

omit “Such information shall be made available to the Commission by the relevant authority upon request.”;

(b)

omit paragraph 8.

12Amendment of Regulation (EU) 2017/352 of the European Parliament and of the Council

In Article 12(3), omit “in the Member State concerned”.

13Amendment of Regulation (EU) 2017/352 of the European Parliament and of the Council

In Article 13 —

(a)

in paragraph 1, for “Member States shall ensure that a port infrastructure charge is levied. This” substitute “The charging of a port infrastructure charge”;

(b)

in paragraph 3, for “Member State concerned” substitute “relevant authority”;

(c)

in paragraph 6 —

(i)

omit “of the Member State concerned”;

(ii)

omit “That authority shall make the information available to the Commission upon request.”.

14Amendment of Regulation (EU) 2017/352 of the European Parliament and of the Council

In Article 16 —

(a)

in paragraph 1, for “Each Member State” substitute “The relevant authority”;

(b)

in paragraph 2, for “Member States” substitute “The relevant authority”;

(c)

in paragraph 3 —

(i)

for “in the Member State of” substitute “with the relevant authority for”;

(ii)

after “origin” insert “in accordance with Part 3 of the Port Services Regulations 2019f1;

(iii)

for “Member States” substitute “The relevant authority”;

(d)

omit paragraph 4;

(e)

omit paragraph 7;

(f)

omit paragraph 8.

15Amendment of Regulation (EU) 2017/352 of the European Parliament and of the Council

Omit Articles 17, 19 and 20.

16Amendment of Regulation (EU) 2017/352 of the European Parliament and of the Council

In the text immediately after Article 22, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Signature

Sealed with the Official Seal of the Department for Infrastructure on 20th November 2020

L.S.

Bernie Rooney

A senior officer of the

Department for Infrastructure

Explanatory note

(This note is not part of the Regulations)

These Regulations make provision in exercise of the powers in section 11 of, and Schedule 2 to, the European Union (Withdrawal) Act 2018 (c. 16) in order to address failure of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union.

These Regulations amend Regulation (EU) 2017/352 of the European Parliament and of the Council of 15 February 2017 establishing a framework for the provision of port services and common rules on the financial transparency of ports (“Regulation (EU) 2017/352”).