The Environment (Legislative Functions from Directives) (EU Exit) Regulations 2019
2019 No. 1350
Exiting The European Union
Environmental Protection
Marine Management
Public Sector Information
Water
Water Resources
The Environment (Legislative Functions from Directives) (EU Exit) Regulations 2019
Made 15th October 2019
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 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
Introductory
Citation and commencement
1. These Regulations may be cited as the Environment (Legislative Functions from Directives) (EU Exit) Regulations 2019 and come into force on exit day.
Interpretation
2. In these Regulations, “enactment” has the meaning given by section 20 of the European Union (Withdrawal) Act 2018.
PART 2
Air quality
CHAPTER 1
Introductory
Interpretation of Part 2: general
3. In this Part—
“Directive 2004/42/CE” means Directive 2004/42/CE of the European Parliament and of the Council on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products2;
“ Directive 2008/50/EC” means Directive 2008/50/ECof the European Parliament and of the Council on ambient air quality and cleaner air for Europe3;
“ Directive 2010/75/EU” means Directive 2010/75/EUof the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control)4;
“ Directive 2015/2193/EU” means Directive (EU) 2015/2193 of the European Parliament and of the Council on the limitation of emissions of certain pollutants into the air from medium combustion plants5;
“ Directive 2016/2284/EU” means Directive (EU) 2016/2284 of the European Parliament and of the Council on the reduction of national emissions of certain atmospheric pollutants6.
Meaning of appropriate authority
4.—(1) In this Part, “appropriate authority” has the meaning given by this regulation.
(2) The “appropriate authority” is—
(a)
(a) for regulations applying in relation to England, the Secretary of State;
(b)
(b) for regulations applying in relation to Wales, the Welsh Ministers;
(c)
(c) for regulations applying in relation to Scotland, the Scottish Ministers;
(d)
(d) for regulations applying in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.
(3) But the appropriate authority is the Secretary of State if consent is given by—
(a)
(a) for regulations applying in relation to Wales, the Welsh Ministers;
(b)
(b) for regulations applying in relation to Scotland, the Scottish Ministers;
(c)
(c) for regulations applying in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.
CHAPTER 2
Retention of functions from Directive 2004/42/CE
Power to specify format for monitoring data
5.—(1) The Secretary of State may, by regulations, make provision for or in connection with establishing the format of information to be reported or published for the purpose of regulation 7 of the Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 20127.
(2) The provision which may be made under paragraph (1) includes provision amending—
(a)
(a) the Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2012;
(b)
(b) Commission Implementing Decision 2015/6674/EUestablishing a common format for the submission of Member State reports on the implementation of Directive 2004/42/ECof the European Parliament and of the Council on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products8.
Power to update in light of technical progress
6.—(1) The Secretary of State may, by regulations—
(a)
(a) amend provision in any enactment which corresponds to that made by Annex 3 to Directive 2004/42/CE;
(b)
(b) make provision requiring (whether by amending an enactment, or otherwise) a reference to Annex 3 to Directive 2004/42/CE (or a reference which encompasses that Annex) to be read as a reference to that Annex with modifications.
(2) But the Secretary of State may exercise the power in paragraph (1) only to the extent that the Secretary of State considers that it is appropriate to do so as a result of technical progress.
CHAPTER 3
Retention of functions from Directive 2008/50/EC
Power to amend non-essential elements
7.—(1) The appropriate authority may, by regulations—
(a)
(a) amend provision in any enactment which corresponds to that made by a relevant Annex to Directive 2008/50/EC;
(b)
(b) make provision requiring (whether by amending an enactment, or otherwise) a reference to a relevant Annex to Directive 2008/50/EC(or a reference which encompasses a relevant Annex) to be read as a reference to that Annex with modifications.
(2) But the appropriate authority may not exercise the power in paragraph (1) to the extent that it would result in—
(a)
(a) changes to—
(i) the limit values;
(ii) exposure reduction targets;
(iii) critical levels;
(iv) target values;
(v) information or alert thresholds;
(vi) long-term objectives;
(b)
(b) any change to a date by which compliance with the matters referred to in sub-paragraph (a) is required.
(3) The relevant Annexes to Directive 2008/50/ECare—
(a)
(a) Annex 1 (data quality objectives);
(b)
(b) Annex 2 (determination of requirements for assessment of concentrations of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter (PM10 and PM2.5), lead, benzene and carbon monoxide in ambient air within a zone or agglomeration);
(c)
(c) Annex 3 (assessment of ambient air quality and location of sampling points for the measurement of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter (PM10 and PM2,5), lead, benzene and carbon monoxide in ambient air);
(d)
(d) Annex 4 (measurements at rural background locations irrespective of concentration);
(e)
(e) Annex 5 (criteria for determining minimum number of sampling points for fixed measurement of concentrations of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter (PM10, PM2.5), lead, benzene and carbon monoxide in ambient air);
(f)
(f) Annex 6 (reference methods for assessment of concentrations of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter (PM10 and PM2.5), lead, benzene, carbon monoxide, and ozone);
(g)
(g) Annex 8 (criteria for classifying and locating sampling points for assessments of ozone concentrations);
(h)
(h) Annex 9 (criteria for determining the minimum number of sampling points for fixed measurement of concentrations of ozone);
(i)
(i) Annex 10 (measurements of ozone precursor substances);
(j)
(j) Annex 15 (information to be included in the local, regional or national air quality plans for improvement in ambient air quality).
CHAPTER 4
Retention of functions from Directive 2010/75/EU
Power to update in light of scientific and technical progress
8.—(1) The appropriate authority may, by regulations—
(a)
(a) amend provision in any enactment which corresponds to that made by a relevant provision of Directive 2010/75/EU;
(b)
(b) make provision requiring (whether by amending an enactment, or otherwise) a reference to a relevant provision of Directive 2010/75/EU(or a reference which encompasses a relevant provision) to be read as a reference to that provision as modified.
(2) But the appropriate authority may exercise the power in paragraph (1) only to the extent that the appropriate authority considers that it is appropriate to do so as a result of scientific and technical progress.
(3) The relevant provisions of Directive 2010/75/EUare—
(a)
(a) Parts 3 and 4 of Annex 5 (technical provisions relating to combustion plants);
(b)
(b) Parts 2, 6, 7 and 8 of Annex 6 (technical provisions relating to waste incineration plants and waste co-incineration plants);
(c)
(c) Parts 5, 6, 7 and 8 of Annex 7 (technical provisions relating to installations and activities using organic solvents).
Power to specify rules for determining start-up and shut-down periods
9.—(1) The appropriate authority may, by regulations, make provision for or in connection with the determination of start-up and shut-down periods, as referred to in point 27 of Article 3 and point 1 of Part 4 of Annex 5 to Directive 2010/75/EU, for the purposes of retained EU law which implemented that Directive.
(2) The provision which may be made under paragraph (1) includes—
(a)
(a) amending provision which corresponds to that made by point 27 of Article 3 of, or point 1 of Part 4 of Annex 5 to, Directive 2010/75/EU, in so far as it concerns start-up and shut-down periods;
(b)
(b) requiring a reference to point 27 of Article 3 of, or point 1 of Part 4 of Annex 5 to, Directive 2010/75/EU(or a reference which encompasses either or both of those provisions) to be read as a reference to those provisions with modifications.
(3) Regulations under paragraph (1) may amend any enactment.
Power to specify reporting requirements
10.—(1) The appropriate authority may, by regulations, make provision—
(a)
(a) concerning the type, format and frequency of information to be prepared by the appropriate authority under Commission Implementing Decision 2018/1135 establishing the type, format and frequency...
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