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The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019
Jurisdiction: UK
Commencement:
Parts 1 and 2 – 12th March
Part 3 – Exit Day
Amends:
1) Transport and Works Act 1992
2) Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008
3) Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006
Mini Summary
1) Transport and Works Act 1992
Minor technical wording changes are made so that this legislation, with regards to Environmental Impact Assessments, will continue to be applicable following the UK’s exit from the EU.
2) Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008
Amendments are made which come into force on the day the UK leaves the EU. References to the European Economic Area (EEA) are replaced with references to the UK and the definition of ‘Certifying Authority’ is updated. Changes are also made to replace out of date references to Directive 1999/32/EC relating to a reduction in the sulphur content of certain liquid fuels with Directive 2016/802 relating to a reduction in the sulphur content of certain liquid fuels which was rewritten due to the number of amendments, so they were consolidated into one piece of legislation.
3) Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006
Technical wording changes are made so that this legislation, with regards to Environmental Impact Assessment, will continue to be applicable following the UK’s exit from the EU. References are changed so that the UK will still notify EU Member States about transboundary environmental impacts, following its exit from the EU.
Amendments
1) Transport and Works Act 1992
This amendment comes into force on the day the UK leaves the European Union (EU).
Minor technical wording changes are made so that this legislation, with regards to Environmental Impact Assessments (EIA), will continue to be applicable following the UK’s exit from the EU.
This does not change any duties for organisations.
2) Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008
Changes are made to replace out of date references to Directive 1999/32/EC relating to a reduction in the sulphur content of certain liquid fuels with Directive 2016/802 relating to a reduction in the sulphur content of certain liquid fuels which was rewritten due to the number of amendments, so they were consolidated into one piece of legislation.
Further amendments are made which come into force on the day the UK leaves the European Union (EU). References to the European Economic Area (EEA) are replaced with references to the UK and the definition of ‘Certifying Authority’ is updated. These changes ensure that this legislation can continue to function following the UK’s exit from the EU.
This does not change any duties for organisations.
3) Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006
This amendment comes into force on the day the UK leaves the European Union (EU).
Technical wording changes are made so that this legislation, with regards to Environmental Impact Assessment (EIA), will continue to be applicable following the UK’s exit from the EU. References are changed so that the UK will still notify EU Member States about transboundary environmental impacts, following its exit from the EU.
This does not change any duties for organisations.