Lloyd's Maritime and Commercial Law Quarterly
EUROPEAN UNION MARITIME LAW
Simon Baughen *
LEGISLATION
233. Commission Regulation (EC) No 906/2009 of 28 September 2009 on the application of Article 81(3) of the Treaty to certain categories of agreements, decisions and concerted practices between liner shipping companies (consortia) (“CBER”)
In April 2020, the EU “Consortia Block Exemption Regulation” was extended until 25 April 2024. After 1 January 2021 it will continue to apply in the UK as domestic law as one of various “retained exemptions” which will operate as exemptions from UK prohibitions.
BREXIT
The UK exited the transition period at 11pm on 31 December 2020. Most EU legislation will remain in force as domestic legislation, with the necessary consequential amendments, but other legislation will cease to have effect.
234. Brussels Convention 1968, the Brussels Jurisdiction and Judgment Regulations, the Lugano Conventions 1988 and 2007, the EU–Denmark Agreement
As from exit day at the end of the transition period, the Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (SI 2019/479):1
• revokes the Brussels Ia Regulation (and the two EU Regulations that amend the Brussels Ia Regulation), the Brussels I Regulation and the tertiary EU instruments referred to in para.6.4), as those instruments are retained in UK law by virtue of the European Union (Withdrawal) Act 2018, s.3;
• revokes the Council Decision establishing the European Judicial Network in civil and commercial matters;
• extinguishes the rights, powers, liabilities, obligations, restrictions, remedies and procedures that are derived from the Brussels Convention and Protocols (and subsequent accession Conventions), the Lugano Convention 2007, the Lugano Convention 1988 and the EU–Denmark Agreement;
• preserves the operation of the Brussels Ia and Brussels I Regulations, the Brussels
* Professor of Shipping Law, Swansea University.
1. The statutory instrument is supplemented by the Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019, which specify the effects on the Civil Procedure Rules.
110