Lloyd's Maritime and Commercial Law Quarterly
European Union Maritime Law
Simon Baughen *
BREXIT
204. Retained EU Law (Revocation and Reform) Act 2023
This Act received the Royal Assent on 29 June 2023. What was previously “retained EU law” became “assimilated law” on 1 January 2024. The Act ensures that the principle of the supremacy of EU law is not part of domestic law, and in cases of conflict gives domestic primary and secondary legislation priority over retained direct EU legislation. Section 8(1) allows for the reversal of this priority for specific legislation confirming that retained direct EU legislation takes precedence. The Act contains a schedule listing 587 pieces of retained law for revocation on 1 January 2024. The following items of retained law in the maritime sphere were on the list and have been revoked:
The Port Services Regulation (EU) 2017/352;
Regulation (EU) No 1315/2013 of the European Parliament and of the Council of
11 December 2013 on Union guidelines for the development of the trans-European transport network and repealing Decision No 661/2010/EU;
Various EU legislative instruments relating to compliance with the STCW, as they have been superseded by the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022;
The Merchant Shipping (Flag State Directive) Regulations 2011 (SI 2011/2667), as they had become inoperable since the UK is no longer an EU state.
LEGISLATION
205. Directive 2023/959, amending the ETS Directive, and Regulation 2023/957, and the Monitoring, the Reporting and Verification (MRV) Regulation 2015/757 [2023] OJ L130/161 (16 May 2023)
Shipping entered the Emissions Trading Scheme on 1 January 2024 as regards CO2 emissions and from 1 January 2026 as regards emissions from two other greenhouse gases (GHGs), methane (CH4) and nitrous oxide (N2O). The reporting obligations under the MRV Regulation will be extended from CO2 to these other two greenhouses gases as
from 1 January 2024.
Maritime shipping emissions for vessels over 5,000 gross tonnage for transporting for commercial purposes cargo or passengers came within the scope of the EU ETS on
European Union Maritime Law
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