The Air Quality Standards (Scotland) Regulations 2010

[F1 Interpretation S

2A.— (1) When interpreting Directive 2004/107/EC for the purposes of these Regulations—

(a) in Annex 2, in Section 2, the second paragraph is to be read as if for “Member States” there were substituted “the Scottish Ministers”,

(b) in Annex 3, in Section 4, paragraph (b), for “BAT as defined by Article 2(11) of Directive 96/61/EC” there is substituted “best available techniques (as defined in regulation 4 of the Pollution Prevention and Control (Scotland) Regulations 2012)”,

(c) in Annex 4, in Section 1, the fourth and fifth paragraphs following the table are to be read as if for “Member States” in each place where the words occur, there were substituted “The Scottish Ministers”,

(d) Annex 5 is to be read as if—

(i) in Sections 1, 2 and 3, in the second paragraph of each —

(aa) for “A Member State” there were substituted “The Scottish Ministers”,

(bb) for “it” there were substituted “they”,

(ii) in Section 2, in the first paragraph, for “Member States are allowed to” there were substituted “the Scottish Ministers may”,

(iii) Section 5 were omitted.

(2) When interpreting Directive 2008/50/EC for the purposes of these Regulations—

(a) Article 3(f) is to be read as if for “other Member States” there were substituted “Member States”,

(b) in Annex 1, in section A, footnote (1) is to be read as if—

(i) for “Member States” there were substituted “the Scottish Ministers”,

(ii) the words “to the Commission” were omitted,

(c) in Annex 1, section C is to be read as if—

(i) in paragraph 1, for “appropriate competent authorities and bodies designated pursuant to Article 3” there were substituted “Scottish Ministers”,

(ii) in subparagraph (i)—

(aa) the words “pursuant to Articles 6 and 9” were omitted,

(bb) for “set out in the harmonised standard for testing and calibration laboratories” there were substituted “of the ISO/IEC standard 17025”,

(iii) in subparagraph (iii), the words from “and that institutions” to the end were omitted,

(iv) in subparagraph (iv)—

(aa) for the first sentence there were substituted “that the National Reference Laboratories are appointed by the Scottish Ministers and are accredited for the reference methods referred to in Annex 6, at least for those pollutants for which concentrations are above the lower assessment threshold, according to the ISO/IEC standard 17025”,

(bb) in the second sentence, the words from “for the coordination” to “be responsible” were omitted,

(cc) in the third sentence, for the words “relevant harmonised standard for proficiency testing” there were substituted “ISO/IEC standard 17043”,

(v) subparagraphs (v) and (vi) were omitted,

(vi) in paragraph 2, for “All reported data under Article 27” there were substituted “All data”,

(d) in Annex 2, in Section B, the second paragraph is to be read as if for “Member States” there were substituted “the Scottish Ministers”,

(e) in Annex 3—

(i) in Section A, paragraph (2)(b) is to be read as if the words “in accordance with Article 2(1),” were omitted,

(ii) in Section B, paragraph 2 is to be read as if for “A Member State” there were substituted “The Scottish Ministers”,

(iii) Section D is to be read as if the last sentence were omitted,

(f) in Annex 5, in Section A, footnotes (1) and (2) to the table are to be read as if for “a Member State” in each place, there were substituted “the United Kingdom”,

(g) in Annex 6, Section B is to be read as if—

(i) in paragraph 1—

(aa) for “A Member State” there were substituted “The Scottish Ministers”,

(bb) for “it” there were substituted “they”,

(cc) for “Member State concerned” there were substituted “Scottish Ministers”,

(ii) paragraphs 2, 3 and 4 were omitted,

(h) in Annex 8, in Section A, the paragraph after the table is to be read as if after the words “in the Community” there were inserted “in so far as it forms part of [F2 assimilated] law”.]

Textual Amendments

F1 Reg. 2A inserted (1.6.2022) by The Environment and Trade in Animals and Related Products (EU Exit) (Scotland) (Miscellaneous Amendment) Regulations 2022 (S.S.I. 2022/138), regs. 1, 9(3)

F2 Word in reg. 2A(2)(h) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/374), reg. 1(1), sch. 2 para. 19