About turn on the Retained EU Law (Revocation and Reform) Bill

The Retained EU Law (Revocation and Reform) Bill originally proposed sunsetting all retained EU law by the end of 2023 unless a case was specifically made for its retention. After pressure from the House of Lords the Government has recently tabled an amendment which will replace the automatic revocation of all retained EU law on 31 December 2023, with the production of a list of 600 pieces of retained law that are to go by into the sunset at the end of the year. So what retained law in the maritime sphere is on the list?

The Port Services Regulation (EU) 2017/352 is to go – no surprise there.

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 not surprisingly goes as well.

Various EU legislative instruments relating to compliance with the STCW have gone as they have been superseded by the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022.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 (S.I. 2011/2667) go as they have become inoperable as the UK is no longer an EU state.

Rome I and Rome II and legislation around the Environmental Liability Directive 2004 and the Offshore Safety Directive 2013 are NOT on the list.

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Professor Simon Baughen

Professor Simon Baughen was appointed as Professor of Shipping Law in September 2013 (previously Reader at the University of Bristol Law School). Simon Baughen studied law at Oxford and practised in maritime law for several years before joining academia. His research interests lie mainly in the field of shipping law, but also include the law of trusts and the environmental law implications of the activities of multinational corporations in the developing world. Simon's book on Shipping Law, has run to seven editions (soon to be eight) and is already well-known to academics and students alike as by far the most learned and approachable work on the subject. Furthermore, he is now the author of the very well-established practitioner's work Summerskill on Laytime. He has an extensive list of publications to his name, including International Trade and the Protection of the Environment, and Human Rights and Corporate Wrongs - Closing the Governance Gap. He has also written and taught extensively on commercial law, trusts and environmental law. Simon is a member of the Institute of International Shipping and Trade Law, a University Research Centre within the School of Law, and he currently teaches at Swansea on the LLM in:Carriage of Goods by Sea, Land and Air; Charterparties Law and Practice; International Corporate Governance.

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