Statutory guidance

Guidance to the UK Marine Policy Statement from 1 January 2021

Updated 22 September 2020

This guidance is jointly agreed by the policy authorities:

• the Secretary of State for the Environment, Food and Rural Affairs
• the Scottish Ministers
• the Welsh Ministers
• the Department of Agriculture, Environment and Rural Affairs in Northern Ireland

The guidance is published on behalf of all the UK Administrations by the Department of Environment, Food and Rural Affairs. It explains how references to EU law in the UK Marine Policy Statement (MPS) should be interpreted from 1 January 2021 following the UK’s withdrawal from the EU.

The European Union (Withdrawal) Act 2018 will convert many EU measures into UK law. Former EU measures converted into UK law are referred to as ‘retained EU law’ with statutory instruments amending the retained EU law to ensure it is operable.

References in the MPS to EC or EU legislation, EU legislative requirements, European legislation and EU requirements are to be read as references to retained EU law from 1 January 2021.

More specific guidance is set out below.

Interpretation

References to EC or EU regulations are to be read as references to those regulations in retained EU law.

References to EC or EU directives are to be read as references to legislation that gave effect to the requirements of those directives in the UK, as amended to ensure that they are operable from 1 January 2021, except as follows:

• this does not apply to the directives referred to under the section entitled ‘Assessments’ (apart from the second sentence of footnote 11 of the MPS) because the assessments described in that section were carried out before publication of the MPS
• this does not apply to the reference to the EU Directive on Environmental Noise (EU 2002/49/EC)
• this does not apply to the reference to ‘the Directive’ in paragraph 2.5.10 of the MPS
• footnote 6 is to be read as if the words ‘which transpose the Marine Strategy Framework Directive’ were omitted
• the reference in paragraph 2.5.9 of the MPS to ‘Implementing the Directive’ is to be read as a reference to ‘Applying the legislation’

The reference in the section entitled ‘Assessments’ to ‘European Commission Guidance’ continues to apply.

The reference in paragraph 3.3.2 of the MPS to a ‘legally binding EU target’ is to be read as a reference to a legally binding target.

Paragraphs 3.8.2 to 3.8.5 of the MPS set out the history of the development of fisheries legislation in the EU. The EU regulations which make up the Common Fisheries Policy will be incorporated into domestic legislation by the European Union (Withdrawal) Act 2018, amended (or in some cases revoked) so they work appropriately following the UK’s withdrawal from the EU and will form part of retained EU law.

References to ‘European sites’ and ‘Natura 2000 sites’ are to be read as references to European sites within the UK national site network (as defined in Regulation 3 of the Conservation of Habitats and Species Regulations 2017) designated before we left the EU or designated after we left the EU under transposing regulations.

References to ‘Integrated Coastal Zone Management’ or ‘ICZM’ are to be read as references to the version of the EU ICZM recommendation that had effect immediately before we left the EU.

References to ‘Member States’ are to be read as references to the UK, except as follows:

• in paragraph 1.2.3, the reference is to be read as a reference to other countries
• in paragraph 2.5.11, the reference to “co-ordination between Member States” is to be read as a reference to co-ordination between the UK and other countries
• in paragraph 2.5.12, the reference is to be read as a reference to UK Administrations
• paragraph 3.8.9 is to be read as if the reference to “Member States working together regionally” were omitted
• in paragraph 3.9.8, the reference is to be read as a reference to UK Administrations