The Air Quality (Miscellaneous Amendment and Revocation of Retained Direct EU Legislation) (EU Exit) Regulations 2018

Decision 2004/279/EC concerning guidance for implementation of Directive 2002/3/EC of the European Parliament and of the Council relating to ozone in ambient air

3.—(1) Decision 2004/279/EC concerning guidance for implementation of Directive 2002/3/EC of the European Parliament and of the Council relating to ozone in ambient air is amended as follows.

(2) In Article 1—

(a) in paragraph 1—

(i) from the words “The guidance with” to “shall be as” substitute “Appropriate authorities must have regard to the guidance”;

(ii) after “this Decision” insert “, in so far as relevant to the area in question”;

(b) in paragraph 2—

(i) for “Member States shall” substitute “an appropriate authority must”;

(ii) omit “in accordance with Article 7(3) of Directive 2002/3/EC”;

(c) in paragraph 3—

(i) at the beginning insert “When developing and implementing a short-term action plan, an appropriate authority must consider”;

(ii) omit the words from “accordance with Article” to “set out in”.

(3) For Article 2, substitute—

“2.— (1) 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;

“short-term action plan” means—

(a)

in relation to England, a plan drawn up in accordance with regulation 27(3) of the Air Quality Standards Regulations 2010(1);

(b)

in relation to Wales, a plan drawn up in accordance with regulation 21(3) of the Air Quality Standards (Wales) Regulations 2010(2);

(c)

in relation to Scotland, a plan drawn up in accordance with regulation 25(3) of the Air Quality Standards (Scotland) Regulations 2010(3);

(d)

in relation to Northern Ireland, a plan drawn up in accordance with regulation 26(3) of the Air Quality Standards Regulations (Northern Ireland) 2010(4).”.

(4) In Annex 1—

(a) in the heading—

(i) omit “BY MEMBER STATES”;

(ii) omit “IN ACCORDANCE WITH ARTICLE 7 OF DIRECTIVE 2002/3/EC”;

(b) omit the first paragraph that begins “Article 7 of Directive”;

(c) in the second paragraph, omit “With regard to EU long-term policy”;

(d) in paragraph 3 (Short-term versus long-term measures), omit from “all over the EU” to the end of that sub-paragraph.

(5) In Annex 3—

(a) in the heading, omit “ACCORDING TO ARTICLE 9(3) OF DIRECTIVE 2002/3/EC”;

(b) in the first paragraph—

(i) for “Member States” substitute “Appropriate authorities”;

(ii) omit “by Article 9(3) of Directive 2002/3/EC”;

(iii) omit the second sentence;

(iv) in the third sentence—

(aa) omit “Annex VI of Directive 2002/3/EC further states that”;

(bb) omit “such”;

(c) in point 1.1 (Recommendations for the location of the mandatory measuring station), for “Each Member State” substitute “Appropriate authorities”.

(1)

S.I. 2010/1001, to which there are amendments not relevant to these Regulations.

(2)

S.I. 2010/1433 (W.126), to which there are amendments not relevant to these Regulations.

(3)

S.S.I. 2010/204, to which there are amendments not relevant to these Regulations.

(4)

S.R. 2010 No. 188, to which there are amendments not relevant to these Regulations.