Merchant Shipping (Standards of Training, Certification and Watchkeeping) (Amendment) (EU Exit) Regulations 2019 — House of Lords, 2019-03-18
Topic: Mixed Topics
Elizabeth Sugg (Conservative, Centre-right): My Lords, if it is convenient, I shall speak also to the Merchant Shipping (Passengers’ Rights) (Amendment etc.) (EU Exit) Regulations 2019 These are two sets of draft regulations that will be made under powers in the EU (Withdrawal) Act 2018 and will be needed if the UK leaves the European Union without a deal. To ensure that retained legislation remains operable, both of these draft regulations change references to "member states" and "the Commission" to "the Secretary of State" or "the United Kingdom". They will also change definitions and other wording to reflect the UK’s position outside the EU The Merchant Shipping (Standards of Training, Certification and Watchkeeping) (Amendment) (EU Exit) Regulations 2019 deal with the certificates that seafarers need to hold to demonstrate their competence to perform certain roles on ships. The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers sets the standards of competence for seafarers internationally. Through two directives, the EU harmonised the way in which member states implemented the requirements of the STCW Convention The EU directives and the EEA agreement require the automatic mutual recognition of seafarer certificates issued by EEA states. They also establish a process for EU-wide recognition of certificates from third countries. EU countries can accept certificates from third countries that have been approved under the relevant EU process. The EU directives and our international obligations are implemented in the UK by the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2015; the SI before the House amends these regulations. This instrument was originally laid under the negative procedure. The Secondary Legislation Scrutiny Committee recommended that the regulations be handled under the affirmative procedure; I am grateful to the Committee for its consideration of the regulations and should like to respond briefly to their concerns The committee was concerned that, in the event of no deal, the recognition of the certificates of UK seafarers working on EU-flagged ships will be at the discretion of each member state. This instrument cannot, of course, require other countries to take a particular course of action. However, EU employers and trade unions have welcomed the Government’s commitment to continue recognising seafarer certificates from EU and EEA countries; these regulations will enable the Secretary of State to deliver this commitment The UK will also continue to recognise the certificates from those non-EU/EEA countries that we currently recognise under the STCW convention. These regulations will also enable the Secretary of State to remove recognition from any country if he is satisfied that the country no longer complies with the STCW convention. The regulations will remove the requirement to report to the European Commission on the seafarer certificates and endorsements issued by the UK, and replace it with a requirement to report to the Secretary-General of the International Maritime Organization on such compliance The second set of draft regulations—the Merchant Shipping (Passengers’ Rights) (Amendment etc.) (EU Exit) Regulations 2019—deals with passengers’ rights and other issues involving the carriage of passengers by sea. Under EU regulation 1177/2010, UK passengers travelling by sea and inland waterway benefit from a comprehensive set of rights and entitlements. The EU regulation puts in place consumer protections which allow, among other things, for redress in respect of delayed and cancelled journeys. It also defines the standards which industry must uphold in respect of disabled passengers The IMO’s Athens convention requires ship owners to maintain compulsory insurance. This must be sufficient to cover third party claims in respect of the death or personal injury to passengers, and the loss of, or damage to, luggage and vehicles. EU regulation 392/2009 applied the provisions of the Athens convention in EU member states and added some protections above the requirements of the Athens convention. These included a €21,000 advance payout in case of death or serious injuries to passengers and a requirement to replace or repair personal mobility equipment damaged during the course of a journey These draft regulations will amend EU regulations 1177/2010 and 392/2009 to ensure that they continue to function correctly as part of UK law if the UK leaves without a deal. The changes we are making will not affect passengers in any way and will ensure that passengers have the same rights and entitlements as today. The regulations will also amend EU-derived domestic legislation which implements EU law in this area. In order for the UK to continue to meet its international obligations under the Athens convention once the UK leaves the EU, these draft regulations will transfer powers from the European Commission to the Secretary of State. These powers will enable the UK to keep up to date with changes to the compulsory insurance requirements and liability limits for ship owners as and when they are adopted by the IMO These draft regulations will remove a requirement to accept state certificates of insurance from an EU member state even when that member state has not ratified the Athens convention. This requirement is a legacy from a time when few member states had signed up to the international provisions on state certificates. In 2018, only 21 ships visited the UK which had insurance certificates issued by non-convention EU member states. Once the UK leaves the EU, the UK will accept state certificates only where they have been issued by a state party to the Athens convention. State certificates are easily obtainable from states parties to the convention, including from the Maritime and Coastguard Agency. This proposed change will not therefore have a significant impact on industry and simply ensures that we are complying with our international obligations under the convention without exception Finally, the regulations will also revoke three Council decisions. Two of these decisions were related to the accession of member states to the Athens convention. The third decision relates to the accession of member states to the International Convention on Civil Liability for Bunker Oil Pollution Damage 2001. Like the Athens convention, the bunkers convention obliges ship owners to maintain compulsory insurance—only in this case to cover third party claims in respect of bunker fuel oil spills. The UK will remain party to both of these conventions but these three Council decisions are addressed to EU member states. They will become redundant once the UK leaves the EU and so they are being revoked for the purpose of legal certainty The changes made by these draft regulations will ensure that retained EU law operates correctly so that we have an effective system for ensuring that seafarers working on UK ships are qualified to do so, and that passengers can continue to rely upon the rights and entitlements they are currently entitled to. They also ensure that the UK can continue to meet its international obligations and passenger safety commitments. I beg to move.