The Environmental Permitting (England and Wales) Regulations 2016

[F1 Modification of the Medium Combustion Plant Directive E+W

8.— (1) For the purposes of these Regulations, the Medium Combustion Plant Directive is to be read in accordance with this paragraph.

(2) When interpreting the Medium Combustion Plant Directive for the purposes of these Regulations—

(a) except where defined in this paragraph, an expression used in the Directive that is defined in Part 1 of these Regulations has the meaning given in that Part;

(b) the competent authority is the regulator;

(c) “general binding rule” means a standard rule published under regulation 26;

(d) a reference to “Member States” is to be read as a reference to the regulator;

(e) “permit” means environmental permit;

(f) a reference to Directive 2010/75/EU is to be read as if it were a reference to the Industrial Emissions Directive.

(3) Article 2 is to be read as if—

(a) in paragraph 3(b), for “Directive 97/68/EC of the European Parliament and of the Council ” there were substituted “ Regulation (EU) 2016/1628 of the European Parliament and of the Council on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery ”;

(b) in paragraph 4, the second sentence were omitted.

(4) Article 3 is to be read as if points (1), (5) and (17) were omitted.

(5) Article 6 is to be read as if—

(a) in paragraph 1, the second subparagraph were omitted;

(b) paragraphs 8, 11 and 12 were omitted.

(6) Article 7 is to be read as if—

(a) in paragraph 5(c), for “Article 6(8)” there were substituted “ paragraph 8(1) of Schedule 25A to the Environmental Permitting (England and Wales) Regulations 2016 ”;

(b) in paragraph 7, in the first sentence, for “Article 8” there were substituted “ Article 8(2) and (3) ”.

(7) Annex 1 is to be read as if, in point 7, for “Article 6(8)” there were substituted “ paragraph 8(1) of Schedule 25A to the Environmental Permitting (England and Wales) Regulations 2016 ”.

(8) Annex 3 is to be read as if—

(a) in Part 1, in point 2, for “Article 6(8)” in each place it occurs there were substituted “ paragraph 8(1) of Schedule 25A to the Environmental Permitting (England and Wales) Regulations 2016 ”;

(b) in Part 2, in point 3, for “Article 6(11) and Article 6(12)” there were substituted “ paragraph 11(2) and (4) of Schedule 25A to the Environmental Permitting (England and Wales) Regulations 2016 ”.]

Textual Amendments

F1 Sch. 1A inserted (31.12.2020) by The Environmental Permitting (England and Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/39), reg. 1, Sch. (as amended by S.I. 2019/559, regs. 1(2), 3(3); S.I. 2019/1078, regs. 1, 3; S.I. 2020/1376, regs. 1(4), 4(2); S.I. 2020/1540, regs. 1(3), 10, 13(2)); 2020 c. 1, Sch. 5 para. 1(1)