The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018
| Jurisdiction | Scotland |
| Citation | SSI 2018/391 |
| Year | 2018 |
2018 No. 391
Agriculture
AnimalsAnimal Health
Crofters, Cottars And Small Landholders
Environmental Protection
Flood Risk Management
Food
Horticulture
Land Reform
Landlord And Tenant
Plant Health
Sea Fisheries
Seeds
Waste
Water
Water Industry
The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018
Made 19th December 2018
Laid before the Scottish Parliament 21th December 2018
Coming into force 28th February 2019
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) and paragraph 1A of schedule 2 of the European Communities Act 19721, and all other powers enabling them to do so.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Scottish Ministers that it is expedient for the references in these Regulations to Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001and (EC) No 1234/20072to be construed as references to that Regulation as amended from time to time.
In accordance with Article 9 of Regulation (EC) No 178/2002of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety3, the Scottish Ministers have consulted with representative bodies during the preparation of these Regulations so far as they relate to food.
PART 1
Introduction
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 and come into force on 28 February 2019.
(2) These Regulations extend to Scotland only.
PART 2
Amendments to legislation concerning environmental protection
The Air Quality Standards (Scotland) Regulations 2010
2. In regulation 18(4) (duties in relation to target values) of the Air Quality Standards (Scotland) Regulations 20104, for “ Directive 2008/1/ECof the European Parliament and of the Council concerning integrated pollution prevention and control” substitute “the Pollution Prevention and Control (Scotland) Regulations 20125”.
The Pollution Prevention and Control (Scotland) Regulations 2012
3.—(1) The Pollution Prevention and Control (Scotland) Regulations 2012 are amended as follows.
(2) In regulation 26 (schedule 1 conditions: large combustion plants)—
(a)
(a) the existing text becomes paragraph (1), and
(b)
(b) after paragraph (1), insert—
“2 When interpreting the Industrial Emissions Directive for the purposes of this regulation, “small isolated system” means any system with consumption of less than 3000 gigawatt hours in the year 1996, where less than 5% of annual consumption is obtained through interconnection with other systems.”.
(3) In regulation 32 (schedule 1 conditions: volatile organic compounds)—
(a)
(a) in paragraph (1)(a) after “service stations” insert “(as last amended by Decision (EU) 2018/8536)”, and
(b)
(b) after paragraph (2) insert—
“3 When interpreting Directive 94/63/ECof the European Parliament and Council on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations7for the purposes of this regulation, Article 2(k) is to be read as if the reference to Chapter 1 of Council Directive 82/714/EEClaying down technical requirements for inland waterway vessels8were a reference to Article 3(c), as read with Article 2, of Directive (EU) 2016/1629 of the European Parliament and of the Council laying down technical requirements for inland waterway vessels, amending Directive 2009/100/ECand repealing Directive 2006/87/EC9.”.
(4) In paragraph 7 of schedule 2 (solvent emissions: SEPA functions)—
(a)
(a) the existing text becomes sub-paragraph (1), and
(b)
(b) after sub-paragraph (1) insert—
“2 When interpreting the Industrial Emissions Directive for the purposes of this paragraph, Article 5 of the Industrial Emissions Directive is to be read as if a reference to a numbered Article of Council Directive 85/337/EECon the assessment of the effects of certain public and private projects on the environment10were a reference to the same numbered Article of Directive 2011/92/EUof the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment11, as last amended by Directive 2014/52/EUof the European Parliament and of the Council12.”.
PART 3
Amendments to legislation concerning flood risk management
Flood Risk Management (Scotland) Act 2009
4.—(1) The Flood Risk Management (Scotland) Act 200913is amended as follows.
(2) In section 23(2) (flood risk maps)—
(a)
(a) in paragraph (c), for “ Directive 2008/1/ECof the European Parliament and of the Council concerning integrated pollution prevention and control” substitute “ Directive 2010/75/EUof the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control)14”, and
(b)
(b) in paragraph (d)(vi), for “Council Directive 79/409/EECon the conservation of wild birds” substitute “ Directive 2009/147/ECof the European Parliament and of the Council on the conservation of wild birds15, as last amended by Council Directive 2013/17/EU16”.
(3) In paragraph 4 of schedule 1 (matters to be included in flood risk management plans)17—
(a)
(a) for sub-paragraph (a) substitute—
“(a)
“(a) Directive 2011/92/EUof the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment, as last amended by Directive 2014/52/EUof the European Parliament and of the Council”, and
(b)
(b) for sub-paragraph (b) substitute—
“(b)
“(b) Directive 2012/18/EUof the European Parliament and of the Council on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC18,”.
PART 4
Amendments to legislation concerning the water environment
The Water Environment (Register of Protected Areas) (Scotland) Regulations 2004
5.—(1) Part I of the schedule (register) of the Water Environment (Register of Protected Areas) (Scotland) Regulations 200419is amended as follows.
(2) In paragraph 220—
(a)
(a) in sub-paragraph (b), for “Council Directive 76/160/EECof 8th December 1975 concerning the quality of bathing water” substitute “ Directive 2006/7/ECof the European Parliament and of the Council concerning the management of bathing water quality and repealing Directive 76/160/EEC21, as last amended by Regulation (EC) No 596/2009of the European Parliament and of the Council22”, and
(b)
(b) in sub-paragraph (c)—
(i) in head (i), after “agricultural sources” insert “, as last amended by Regulation (EC) No 1137/2008of the European Parliament and of the Council23”, and
(ii) in head (ii), after “treatment” insert “, as last amended by Regulation (EC) No 1137/2008of the European Parliament and of the Council24”.
(3) In paragraph 3—
(a)
(a) in sub-paragraph (a), after “flora” insert “, as last amended by Council Directive 2013/17/EU25”, and
(b)
(b) for sub-paragraph (b), substitute—
“(b)
“(b) Directive 2009/147/ECof the European Parliament and of the Council on the conservation of wild birds26, as last amended by Council Directive 2013/17/EU.”.
PART 5
Amendments to legislation concerning the water industry
The Trade Effluent (Asbestos) (Scotland) Regulations 1993
6.—(1) The Trade Effluent (Asbestos) (Scotland) Regulations 199327are amended as follows.
(2) In regulation 1(2) (citation, commencement, extent and interpretation)—
(a)
(a) omit the definition of “local authority”,
(b)
(b) after the definition of “asbestos”, insert the following definition—
““Scottish Water” means the body corporate established by section 20(1) of the Water Industry (Scotland) Act 200228,”, and
(c)
(c) after “Council Directive 87/217/EEC” insert “, as last amended by Decision (EU) 2018/853 of the European Parliament and of the Council29,”.
(3) In regulation 2(1) (discharges of asbestos effluent to public sewers), for “every local authority” substitute “Scottish Water”.
(4) In regulation 3 (discharges of asbestos effluent to public sewers)—
(a)
(a) in each place it occurs, for “a local authority” substitute “Scottish Water”, and
(b)
(b) in paragraph (2)(a), for “the local authority” substitute “Scottish Water”.
(5) In regulation 4 (information required in connection with implementation of Council Directive 87/217/EEC), for “every local authority” substitute “Scottish Water”.
(6) In regulation 5 (enforcement of duties imposed on local authorities)—
(a)
(a) in paragraph (1), for “a local authority” and for “the authority”, in each case, substitute “Scottish Water”,
(b)
(b) in paragraph (2)(b), for “the authority” substitute “Scottish Water”, and
(c)
(c) in paragraph (3), for “the authority declared to be in default by such an order fails to comply with any requirements thereof within the time specified therein for compliance,” substitute “Scottish Water fails to comply with an order under paragraph (1),”.
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