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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鈥檚 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 鈥榬etained EU law鈥� 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 鈥楢ssessments鈥� (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 鈥榯he Directive鈥� in paragraph 2.5.10 of the MPS
• footnote 6 is to be read as if the words 鈥榳hich transpose the Marine Strategy Framework Directive鈥� were omitted
• the reference in paragraph 2.5.9 of the MPS to 鈥業mplementing the Directive鈥� is to be read as a reference to 鈥楢pplying the legislation鈥�

The reference in the section entitled 鈥楢ssessments鈥� to 鈥楨uropean Commission Guidance鈥� continues to apply.

The reference in paragraph 3.3.2 of the MPS to a 鈥榣egally binding EU target鈥� 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鈥檚 withdrawal from the EU and will form part of retained EU law.

References to 鈥楨uropean sites鈥� and 鈥楴atura 2000 sites鈥� 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 鈥業ntegrated Coastal Zone Management鈥� or 鈥業CZM鈥� 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 鈥楳ember States鈥� 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 鈥渃o-ordination between Member States鈥� 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 鈥淢ember States working together regionally鈥� were omitted
• in paragraph 3.9.8, the reference is to be read as a reference to UK Administrations