The Environment (Miscellaneous Amendments) (EU Exit) Regulations 2020
| Jurisdiction | UK Non-devolved |
| Citation | SI 2020/1313 |
| Year | 2020 |
2020 No. 1313
Exiting The European Union
Environmental Protection
Consumer Protection
Health And Safety
Wildlife
The Environment (Miscellaneous Amendments) (EU Exit) Regulations 2020
Made 18th November 2020
Laid before Parliament 19th November 2020
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 19721, section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 20182and section 41(1) of the European Union (Withdrawal Agreement) Act 20203.
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the environment4and wild animals5.
The requirements of paragraph 3(2) of Schedule 7 to the European Union (Withdrawal) Act 2018 (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.
PART 1
Introductory
Citation and commencement
1.—(1) These Regulations may be cited as the Environment (Miscellaneous Amendments) (EU Exit) Regulations 2020.
(2) This regulation and regulations 2 and 3 come into force 21 days after the day on which the Regulations are laid.
(3) Regulations 4, 5 and 6 come into force immediately before IP completion day.
Part 2
Amendment of secondary legislation under the European Communities Act 1972
Amendment of the Air Quality Standards Regulations 2010
2. In Schedule 2 to the Air Quality Standards Regulations 20106, for the entry in the table for “PM2.5” substitute—
PM2.5
“Averaging Period |
Limit Value |
Date by which limit value is to be met |
Calendar year |
20 μg/m3 |
1st January 2020”. |
Amendment of the National Emission Ceilings Regulations 2018
3. In Schedule 3 to the National Emission Ceilings Regulations 20187, in Table 3, in the second row, under the column headed “PM2.5”, for “49%” substitute “46%”.
Amendment of the Control of Trade in Endangered Species (Miscellaneous Amendments) Regulations 2019
4.—(1) The Control of Trade in Endangered Species (Miscellaneous Amendments) Regulations 20198are amended as follows.
(2) In regulation 1(2), for “Regulations 2 and 4 extend” substitute “Regulation 2 extends”.
(3) Omit regulation 4.
PART 3
Amendment of secondary legislation under the European Union (Withdrawal) Act 2018 and the European Union (Withdrawal Agreement) Act 2020
Amendment of the Air Quality (Miscellaneous Amendment and Revocation of Retained Direct EU Legislation) (EU Exit) Regulations 2018
5.—(1) The Air Quality (Miscellaneous Amendment and Revocation of Retained Direct EU Legislation) (EU Exit) Regulations 20189are amended as follows.
(2) In regulation 2—
(a)
(a) for paragraph (6)(b) substitute—
“(b)
“(b) in paragraph 1—
in point (c), after the words “Annex II in” insert “urban”;
in the first subparagraph—
for “shall communicate, by electronic means,” substitute “must send”;
for “Article 7(2)” substitute “Decision (EU) 2019/174110”;”;
(b)
(b) for paragraph (8)(b) and (c) substitute—
“(b)
“(b) for paragraph 2 substitute—
“(2) Appropriate authorities outside England and the competent authority in England must provide, each year, to the Secretary of State a report containing all the data referred to in Article 5(1) and (2) in the format and by the dates set out in Decision (EU) 2019/1741. The reporting date shall be, in any case, no later than 11 months after the end of the reporting year.”;
(c)
(c) for paragraph 3 substitute—
“(3) The Secretary of State must incorporate the data reported by the appropriate authorities outside England and the data provided by the competent authority in England into the United Kingdom PRTR within one month of receiving complete reports provided in accordance with paragraph 2.”;”.
(c)
(c) for paragraph (12)(b) and (c) substitute—
“(b)
“(b) after the words “of the Council,” insert “in so far as that provision has been transposed into domestic law,”.”;
(d)
(d) in paragraph (16), for “16, 17,” substitute “18a, ”;
(e)
(e) omit paragraph (18).
(3) After regulation 24A insert—
“Decision (EU) 2019/2031 establishing best available techniques (BAT) conclusions for the food, drink and milk industries, under Directive 2010/75/EUof the European Parliament and of the Council
24B. (1) Decision (EU) 2019/2031 establishing best available techniques (BAT) conclusions for the food, drink and milk industries, under Directive 2010/75/EUof the European Parliament and of the Council11is amended as follows.
(2) For Article 2 substitute—
“Article 2
Application and Interpretation
(1) The BAT conclusions referred to in Article 1 apply in the United Kingdom.
(2) In this Decision—
“BAT conclusions” has the meaning given in Article 2 of Decision 2012/134/EU12(“ Decision 2012/134/EU”) establishing the best available techniques (BAT) conclusions under Directive 2010/75/EUof the European Parliament and of the Council on industrial emissions for the manufacture of glass;
“best available techniques” has the meaning given in Article 2 of Decision 2012/134/EU.
(3) For the purpose of this Decision a reference to a provision of a Directive is to be read as a reference to that provision in so far as it has been transposed into the law of any part of the United Kingdom.”.
Decision (EU) 2019/1713 establishing the format of information to be made available by the Member States for the purposes of reporting on the implementation of Directive (EU) 2015/2193 of the European Parliament and of the Council
24C. (1) Decision (EU) 2019/1713 establishing the format of information to be made available by the Member States for the purposes of reporting on the implementation of Directive (EU) 2015/2193 of the European Parliament and of the Council13is amended as follows.
(2) In Article 1—
(a)
(a) in the first paragraph—
for “Commission” substitute “appropriate authority”;
for the words from “in accordance with” to “Member States shall” substitute “from medium combustion plants coming within Directive (EU) 2015/2193, the competent authorities must”;
(b)
(b) for the second paragraph substitute—
“Where a competent authority holds information covered by this Decision, that authority must provide such information to the relevant appropriate authority so that the appropriate authority can meet its obligations to prepare a report in accordance with Article 3.”.
(3) In Article 2, omit the first paragraph.
(4) After Article 2—
(a)
(a) insert—
“Article 3
(1) An appropriate authority must publish a summary of the information it receives in accordance with this Decision in such a manner as the appropriate authority considers appropriate, which can include indicating where that information is already publicly available.
(2) For the purpose of this Decision a reference to a provision of a Directive is to be read as a reference to that provision in so far as it has been transposed into the law of any part of the United Kingdom.
(3) In this Decision—
“appropriate authority” means—
(a) in relation to England, the Secretary of State;
(b) in relation to Wales, the Welsh Ministers;
(c) in relation to Scotland, the Scottish Ministers;
(d) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;
“competent authority” means the national authority or authorities, or any other competent body or bodies, designated by the appropriate authority.”;
(b)
(b) omit “This Decision is addressed to the Member States.”.
(5) In the Annex, in the Note before Part 1, for “Member States” substitute “competent authorities”.
Decision (EU) 2019/1741 establishing the format and frequency of data to be made available by the Member States for the purposes of reporting under Regulation (EC) No 166/2006of the...
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