The Environment (Miscellaneous Amendments) Regulations (Northern Ireland) 2018

Regulation 4

SCHEDULE 3 AMENDMENT OF AIR AND ENVIRONMENTAL QUALITY PROVISIONS

Amendment to the Sulphur Content of Liquid Fuels Regulations (Northern Ireland) 2007

1.  The Sulphur Content of Liquid Fuels Regulations (Northern Ireland) 2007(1) are amended as follows.

2.  In regulation 2(1) (Interpretation) for the definition “Council Directive 1999/32/EC(2)” substitute—

““Directive (EU) 2016/802” means Directive (EU) 2016/802 of the European Parliament and of the Council of 11 May 2016 relating to a reduction in the sulphur content of certain liquid fuels(3);”.

3.  For regulation 2(3) (Interpretation), substitute “Expressions used in these Regulations that also appear in Directive (EU) 2016/802 have the same meaning as they do in that Directive.”.

4.  In regulation 4(2) (Maximum sulphur content of heavy fuel oil), in paragraphs (a)(i) and (ii) and (b), for “Directive 2001/80/EC” substitute “Directive 2010/75/EU(4)”.

Amendment of the Air Quality Standards Regulations (Northern Ireland) 2010

5.  The Air Quality Standards Regulations (Northern Ireland) 2010(5) are amended as follows.

6.  In regulation 19(4) (Duty in relation to target values), for “Directive 2008/1/EC of the European Parliament and of the Council concerning integrated pollution, prevention and control”, substitute “Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control)”.

7.  In regulation 25(5) (Air quality plans) after “atmospheric pollutants” insert “as last amended by Directive (EU) 2016/2284(6)” and after “noise” insert “as last amended by Commission Directive (EU) 2015/996(7)”.

Amendment of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013

8.  The Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013(8) are amended as follows.

9.  In regulation 2(1) (Interpretation: general)—

(a) in the definition of “poultry”, for “Council Directive 90/539/EEC” to the end, substitute “Council Directive 2009/158/EC of 30 November 2009 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs as last amended by Commission Implementing Decision 2011/879/EU(9);”;

(b) in the definition of “recovery” for “the Directive”, substitute “Directive 2008/98/EC(10)”.

10.  In regulation 12(7) (Conditions of permits: specific conditions for all installations and mobile plant) after “2003/87/EC” insert “as last amended by Directive (EU) 2018/410 of the European Parliament and of the Council(11)”.

11.  In regulation 26(6) (Duty of the enforcing authority to undertake inspections and to ensure compliance with conditions) after “25 November 2009” insert “as last amended by Commission Regulation (EU) 2017/1505(12)”.

12.  In Schedule 1, Part 1 (Activities, Installations and Mobile Plants)—

(a) in Section 1.2, Interpretation of Part C, paragraph 2, after “stations” insert “as last amended by Council Regulation (EC) No.1137/2008(13)”;

(b) in Section 5.1, Part C, in paragraph (vii) in the definition of “excluded plant” after “consumption” insert “as last amended by Council Regulation (EC) No. 1385/2013(14)”;

(c) in Section 5.4, Part A, in paragraph (a) after “treatment” insert “as last amended by Council Directive 2013/64/EU(15)”;

(d) in Section 5.4, Part A, in paragraph (b) after “91/271/EEC”, insert “as last amended by Council Directive 2013/64/EU”;

(e) in Section 6.10, Part A, in paragraph (a) after “dioxide” insert “as last amended by Directive 2011/92/EU(16)”;

(f) in Section 6.11, Part A, in paragraph (a) after “Directive 91/271/EEC” insert “as last amended by Directive 2013/64/EU”;

(g) in Section 7, Interpretation of Part C, in paragraph 2, in the definition of “other coating activities” for “Directive” to the end, substitute “Directive 2007/46/EC as last amended by Commission Regulation 2017/2400/EU(17)”;

(h) in Section 7, Interpretation Part C, in paragraph 2, in the definition of “specified substances or mixtures” after “Regulation No. 1272/2008”, in both places it occurs, insert “as last amended by Commission Regulation 2017/776/EU(18)”; and,

(i) in Section 7, Interpretation of Part C, in paragraph 2 in the definitions “vehicle coating” and “vehicle refinishing”, for “Directive 70/156/EEC” in all places it occurs, substitute “Directive 2007/46/EC as last amended by Commission Regulation 2017/2400/EU”.

13.  In Schedule 4 (Grant of Permits)—

(a) in Part 1, paragraph 4(2)(b), after “mixtures” the second time it occurs, insert “as last amended by Commission Regulation 2017/776/EU”; and,

(b) in Part 2, paragraph 16, after “environment” insert “as last amended by Directive 2014/52/EU(19)”.

14.  In Schedule 13A (Energy Efficiency Directive), paragraph 12(2), after “2009/31/EC” insert “as last amended by Directive 2011/92/EU(20)”.

Amendment of the Emissions Performance Standard Monitoring and Enforcement Regulations (Northern Ireland) 2016

15.  In the Emissions Performance Standard Monitoring and Enforcement Regulations (Northern Ireland) 2016(21) in regulation 2(2) (Interpretation) for the definition of “the Monitoring and Reporting Regulation” substitute—

““the Monitoring and Reporting Regulation” means Commission Regulation (EU) No. 601/2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council as last amended by Commission Regulation (EU) 743/2014(22);”.

(1)

S.R. 2007 No. 272

(2)

OJ No L 121, 11.5.1999, p.13

(3)

OJ No L 132, 21.5.2016, p.58-78

(4)

OJ No L 334 17.12.2010 p.17

(5)

S.R. 2010 No. 188 as amended by S.R. 2017 No. 2

(6)

OJ No L 344, 17.12.10 p.1-31

(7)

OJ No L 168, 1.7.15 p.1-823

(8)

S.R. 2013 No. 160

(9)

OJ No L 343, 22.12.2009 p.74 as last amended by Commission Implementing Decision 2011/879/EU (OJ No L 343, 23.12.2011, p.105)

(10)

OJ No L 312, 19.11.2008 p.3

(11)

OJ No L 275, 25.10.2003 p.32 as last amended by Directive (EU) 2018/410 (OJ No L 76, 19.3.2018, p.3)

(12)

OJ No L 342, 22.12.2009 p.1 as last amended by Commission Regulation (EU) 2017/1505 (OJ No L 222, 29.8.2017, p.1)

(13)

OJ No L 365, 31.12.1994 p.24 as last amended by Council Regulation (EC) No. 1137/2008 (OJ No L 311, 21.12.2008, p.1)

(14)

OJ No L 300, 14.11.2009 p.1 as last amended by Council Regulation (EC) No. 1385/2013 (OJ No L 354 17.12.2013, p.86)

(15)

OJ No L 135, 30.5.1991 p.40 as last amended by Council Directive (EU) No.64/2013 (OJ No L 353, 28.12.2013, p.8)

(16)

OJ No L 140, 5.6.2009, p.141 as last amended by Directive (EU) No.2011/92 (OJ No L 26, 28.1.2012, p.1)

(17)

OJ No L 263, 9.10.2007, p.1-160 as last amended by Commission Regulation (EU) No.2017/2400 (OJ No L 349, 29.12.2017, p.1)

(18)

OJ No L 116, 5.5.2017, p.1

(19)

OJ No L 26, 28.1.2012, p.1 as last amended by Directive 2014/52/EU (OJ No L 124, 25.4.14, p.1)

(20)

OJ No L 140, 5.6.2009, p.144 as last amended by Directive 2011/92/EU (OJ No L 26, 28.1.12, p.1)

(21)

S.R. 2016 No. 28

(22)

OJ No L 181, 12.7.2012, p.30 as last amended by Commission Regulation (EU) 743/2014 (OJ No L 201, 10.7.2014, p.1)