The Environment (Legislative Functions from Directives) (EU Exit) Regulations 2019

Power to amend non-essential elements

7.—(1) The appropriate authority may, by regulations—

(a) amend provision in any enactment which corresponds to that made by a relevant Annex to Directive 2008/50/EC;

(b) make provision requiring (whether by amending an enactment, or otherwise) a reference to a relevant Annex to Directive 2008/50/EC (or a reference which encompasses a relevant Annex) to be read as a reference to that Annex with modifications.

(2) But the appropriate authority may not exercise the power in paragraph (1) to the extent that it would result in—

(a) changes to—

(i) the limit values;

(ii) exposure reduction targets;

(iii) critical levels;

(iv) target values;

(v) information or alert thresholds;

(vi) long-term objectives;

(b) any change to a date by which compliance with the matters referred to in sub-paragraph (a) is required.

(3) The relevant Annexes to Directive 2008/50/EC are—

(a) Annex 1 (data quality objectives);

(b) Annex 2 (determination of requirements for assessment of concentrations of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter (PM₁₀ and PM_2.5), lead, benzene and carbon monoxide in ambient air within a zone or agglomeration);

(c) Annex 3 (assessment of ambient air quality and location of sampling points for the measurement of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter (PM10 and PM2,5), lead, benzene and carbon monoxide in ambient air);

(d) Annex 4 (measurements at rural background locations irrespective of concentration);

(e) Annex 5 (criteria for determining minimum number of sampling points for fixed measurement of concentrations of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter (PM₁₀, PM_2.5), lead, benzene and carbon monoxide in ambient air);

(f) Annex 6 (reference methods for assessment of concentrations of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter (PM₁₀ and PM_2.5), lead, benzene, carbon monoxide, and ozone);

(g) Annex 8 (criteria for classifying and locating sampling points for assessments of ozone concentrations);

(h) Annex 9 (criteria for determining the minimum number of sampling points for fixed measurement of concentrations of ozone);

(i) Annex 10 (measurements of ozone precursor substances);

(j) Annex 15 (information to be included in the local, regional or national air quality plans for improvement in ambient air quality).