The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019
| Year | 2019 |
2019 No. 583
Exiting The European Union
Environmental Protection
The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019
Made 14th March 2019
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 20181.
In accordance with paragraph 1(1) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
PART 1
Introduction
Citation and commencement
1. These Regulations may be cited as the Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 and come into force on exit day.
PART 2
Ozone-depleting substances
Amendment of subordinate legislation
The Ozone-Depleting Substances Regulations 2015
2. In the Ozone-Depleting Substances Regulations 20152omit regulation 3.
Amendment and saving of retained direct EU legislation
3. Regulation (EC) No 1005/2009of the European Parliament and of the Council on substances that deplete the ozone layer is amended in accordance with regulations 4 to 30.
Article 3 (definitions)
4.—(1) Article 3 is amended as follows.
(2) After paragraph 3 insert—
“3A. ‘part of the United Kingdom’ means, as the case may be, England, Northern Ireland, Scotland or Wales;
3B. ‘Scotland’ is to be construed in accordance with section 126(1) and (2) of the Scotland Act 19983;
3C. ‘Wales’ is to be construed in accordance with section 158(1), (3) and (4) of the Government of Wales Act 20064;
3D. ‘Northern Ireland’ is to be construed in accordance with section 98(1) of the Northern Ireland Act 19985;
3E. ‘appropriate authority’ means—
(a) in relation to England, the Secretary of State;
(b) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs ;
(c) in relation to Scotland, the Scottish Ministers;
(d) in relation to Wales, the Welsh Ministers;
3F. ‘appropriate regulator’—
(a) in relation to England, means the Environment Agency;
(b) in relation to Northern Ireland, means the Department of Agriculture, Environment and Rural Affairs ;
(c) in relation to Scotland, is to be read in accordance with Article 3A;
(d) in relation to Wales, is to be read in accordance with Article 3B;”;
(3) In paragraph 13, for “the Community” substitute “any part of the United Kingdom”.
(4) In paragraph 14 omit “and the Community”.
(5) In paragraph 17, for “a Member State” substitute “any part of the United Kingdom”.
(6) In paragraph 18, for the words from “customs territory of the Community” to the end substitute “United Kingdom”.
(7) In paragraph 19, for the words from “customs territory of the Community” to the end, substitute “United Kingdom of substances, products and equipment covered by this Regulation;”.
(8) In paragraph 20—
(a)
(a) for “the Community” in the first and third place it occurs substitute “any part of the United Kingdom”;
(b)
(b) omit the words from “, and includes the release” to “Regulation (EC) No 450/2008”.
(9) After paragraph 25, insert—
“25A. ‘third country’ means a country other than the United Kingdom;”.
Insertion of new Articles 3A and 3B
5. After Article 3, insert—
“Appropriate regulator: Scotland
Article 3A.—(1) The appropriate regulator in relation to Scotland is, subject to paragraph (2), the Scottish Environment Protection Agency.
(2) The Scottish Ministers may direct that a person or body other than the Scottish Environment Protection Agency is the appropriate regulator in relation to cases of a particular description or in a particular case.
(3) Before making a direction under paragraph (2), the Scottish Ministers must consult the Secretary of State.
Appropriate regulator: Wales
Article 3B.—(1) The appropriate regulator in relation to Wales is, subject to paragraph (2), Natural Resources Body for Wales.
(2) The Welsh Ministers may direct that a person or body other than Natural Resources Body for Wales is the appropriate regulator in relation to cases of a particular description or in a particular case.
(3) Before making a direction under paragraph (2), the Welsh Ministers must consult the Secretary of State”.
Article 7 (production, placing on the market and use of controlled substances as feedstock)
6.—(1) Article 7 is amended as follows.
(2) In paragraph 2, in the second subparagraph—
(a)
(a) in the first sentence, for “Commission may” substitute “appropriate authority may, by regulations,”;
(b)
(b) omit the second sentence.
Article 8 (production, placing on the market and use of controlled substances as process agents)
7.—(1) Article 8 is amended as follows.
(2) In paragraph 3, in the second subparagraph—
(a)
(a) in the first sentence, for “Commission may” substitute “appropriate authority may, by regulations,”;
(b)
(b) omit the second sentence.
(3) In paragraph 4, in the first subparagraph—
(a)
(a) for “Commission” substitute “appropriate authority”;
(b)
(b) omit “in accordance with the management procedure referred to in Article 25(2),”.
(4) In paragraph 4, in the second subparagraph—
(a)
(a) omit “maximum”;
(b)
(b) for “the Community shall not exceed 1 083 metric tonnes per year” substitute “any part of the United Kingdom shall not, when added to the amounts that may be used as process agents in the other parts of the United Kingdom, exceed a maximum amount of 134.3 metric tonnes per year”;
(c)
(c) in the third subparagraph—
(i) omit “maximum”;
(ii) for “the Community shall not exceed 17 metric tonnes per year” substitute “any part of the United Kingdom shall not, when added to the amounts that may be used as process agents in the other parts of the United Kingdom, exceed a maximum amount of 2.1 metric tonnes per year”.
(5) In paragraph 5, in the first subparagraph—
(a)
(a) in the words before point (a), for “Commission shall” substitute “Secretary of State shall, by regulations”;
(b)
(b) omit the second subparagraph.
Article 9 (placing on the market of controlled substances for destruction or reclamation and of products and equipment containing or relying on controlled substances for destruction)
8. In Article 9, for “the Community”, in each place it occurs, substitute “any part of the United Kingdom”.
Article 10 (essential laboratory and analytical uses of controlled substances other than hydrochlorofluorocarbons)
9.—(1) Article 10 is amended as follows.
(2) In paragraph 2—
(a)
(a) for “Commission” substitute “appropriate authority”;
(b)
(b) omit “in accordance with the management procedure referred to in Article 25(2),”;
(c)
(c) for “the Community” substitute “any part of the United Kingdom”.
(3) In paragraph 3—
(a)
(a) in the second subparagraph—
(i) in the first sentence, for “Commission may” substitute “appropriate authority may, by regulations,”;
(ii) omit the second sentence;
(b)
(b) in the third subparagraph—
(i) in the second sentence, for “Commission may” substitute “appropriate authority may, by regulations,”;
(ii) omit the third sentence.
(4) In paragraph 4, for “Commission” substitute “appropriate regulator”.
(5) In paragraph 5, for “Commission”, in each place it occurs, substitute “appropriate regulator”.
(6) In paragraph 6—
(a)
(a) in the first subparagraph, for “Commission” substitute “appropriate regulator”;
(b)
(b) in the second subparagraph, for “110 ODP tonnes” substitute “13.6 ODP tonnes”;
(c)
(c) in the third subparagraph—
(i) in the first sentence, for “Commission” substitute “appropriate authority”;
(ii) after “importers” insert “and publish the determination”;
(iii) omit the second sentence.
(7) In paragraph 7—
(a)
(a) in the first subparagraph, for the words from “competent authority” to “situated” substitute “appropriate authority”;
(b)
(b) omit the second subparagraph.
(8) In paragraph 8—
(a)
(a) in the first subparagraph, for the words from “competent authority” to “situated” substitute “appropriate authority”;
(b)
(b) omit the second subparagraph.
Article 11 (production, placing on the market and use of hydrochlorofluorocarbons and placing on the market of products and equipment containing or relying on hydrochlorofluorocarbons)
10.—(1) Article 11 is amended as follows.
(2) In paragraph 5, for “Commission” substitute “appropriate regulator”.
(3) In paragraph 8, in the first subparagraph—
(a)
(a) for “Commission” substitute “appropriate authority”;
(b)
(b) omit the words from “, following a request” to “Article 25(2),”.
Article 12 (quarantine and pre-shipment applications and emergency uses of methyl bromide)
11.—(1) Article 12 is amended as follows.
(2) Omit paragraphs 1 and 2.
(3) In paragraph 3—
(a)
(a) from the words “Commission” to “Member State,” substitute “appropriate...
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