The Environment (Amendment etc.) (EU Exit) Regulations 2019
Jurisdiction | UK Non-devolved |
Citation | SI 2019/458 |
(1) These Regulations may be cited as the Environment (Amendment etc.) (EU Exit) Regulations 2019 and come into force on exit day.(2) F54Subject to sub-paragraph (2A) , an amendment made by Part 2 has the same extent as the provision amended.(2A) Regulation 4(3) (b) (iii) extends to England and Wales only.(3) An amendment made by Part 3 extends to England and Wales and applies to England only.(4) Part 4 extends to Great Britain.(5) A revocation made by Part 5 in respect of retained direct EU legislation in Part 1 of the Schedule extends to the United Kingdom.(6) A revocation made by Part 5 in respect of subordinate legislation in Part 2 of the Schedule extends to England and Wales and applies to England only.(7) A revocation made by Part 5 in respect of subordinate legislation in Part 3 of the Schedule has the same extent as the provision revoked.(1) The Environmental Protection Act 1990 in subsection (2) (b) , for “obligations of the United Kingdom under the EU Treaties” substitute “ retained EU obligations ” ;for subsection (12) (b) substitute—“ retained EU law which implemented Directive 2001/18/EC of the European Parliament and of the Council ” .after “Secretary of State of” insert “ a function under retained EU law or ” ;omit “the EU Treaties or”.(6) Omit section 140(4) (a) .(7) In section 142(2) (a) , after “State” insert “ or in the United Kingdom ” .in the heading, for “EU and other” substitute “ retained EU obligations and ” ;in subsection (1) (a) , for “EU obligation” substitute “ retained EU obligation ” .(1) The Environment Act 1995 in the opening words, omit “for the implementation of”;for paragraph (a) substitute—“ for the implementation of ” ;in the opening words, omit “for the implementation of”;for paragraph (a) substitute—“ for the implementation of ” .paragraph (c) is omitted (as it applies in relation to England and as it applies in relation to Wales) ;after paragraph (c) insert—“ retained EU law which implemented Council Directive 2006/117/Euratom on the supervision and control of shipments of radioactive waste and spent fuel (as it had effect immediately before F56IP completion day) ” ;in paragraph (g) , for the words from “regulations made for the purpose of” to “as amended from time to time,” substitute “ retained EU law which implemented Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators (as it had effect immediately before F57IP completion day) ” ;after paragraph (k) insert—“ retained EU obligation ” .(4) In section 41A(1) the Greenhouse Gas Emissions Trading Scheme Regulations 2005 (S.I. 2005/925) ;the Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2010 (S.I. 2010/1996) ;the Greenhouse Gas Emissions Trading Scheme Regulations 2012 (S.I. 2012/3038) .in paragraph (aa) (i) , for “regulations made for the purpose of implementing the EU ETS Directive” substitute “ the Greenhouse Gas Emissions Trading Scheme Regulations 2005 (S.I. 2005/925) and the Greenhouse Gas Emissions Trading Scheme Regulations 2012 (S.I. 2012/3038) ” ;in paragraph (h) , for “any provision which gives effect in England and Wales to” substitute “ retained EU law which, in England and Wales, implemented ” ;in the definition of “environmental licence” in relation to SEPA, in paragraph (ja) , for the words from “or accumulators to” to the end, substitute “ (including accumulators) as defined in regulation 2 of those Regulations, and where those batteries have been collected in accordance with Article 8 of Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators ” ;omit the definition of “the EU ETS Directive”.in the opening words, omit “implementing”;for paragraph (a) substitute—“ the implementation of ” .in the opening words, omit “for the implementation of”;
- (b) retained EU law;
- (a) for securing that any retained EU obligation is met, or
- (a) for securing that any retained EU obligation is met, or
- (ca) as a means of recovering costs incurred by it in performing functions conferred by the Hazardous Waste (England and Wales) Regulations 2005, the Agency may require the payment to it of such charges as may from time to time be prescribed;
- (cb) as a means of recovering costs incurred by it in performing functions conferred by the Hazardous Waste (Wales) Regulations 2005, the Natural Resources Body for Wales may require the payment to it of such charges as may from time to time be prescribed;
- (l) as a means of recovering costs incurred by it in performing functions conferred by Regulation (EC) No 1005/2009 on substances that deplete the ozone layer, the Agency, the Natural Resources Body for Wales or SEPA may require the payment to it of such charges as may from time to time be prescribed;
- (m) as a means of recovering costs incurred by it in performing functions conferred by Regulation (EU) No 517/2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006, the Agency, the Natural Resources Body for Wales or SEPA may require the payment to it of such charges as may from time to time be prescribed;
- (a) securing that any retained EU obligation is met, or
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