The Environment and Trade in Animals and Related Products (EU Exit) (Scotland) (Miscellaneous Amendment) Regulations 2022

Reporting requirements8

1

The Scottish Ministers must prepare a report on the implementation of these Regulations for each relevant period.

2

A report under paragraph (1) must contain—

a

details of any steps taken to promote good agricultural practice,

b

maps of the current designated nitrate vulnerable zones in Scotland, accompanied by a summary of the most recent review of the designated nitrate vulnerable zones conducted under regulation 3(2) since the end of the previous reporting period,

c

a summary of the monitoring results obtained by SEPA under regulation 4,

d

a summary of the most recent review of the action programme, and

e

a statement about the predicted impact of the action programme on future water quality.

3

A report under paragraph (1) must be published in such manner as the Scottish Ministers consider appropriate by 31 December in the calendar year following the end of each relevant period.

4

SEPA must provide to the Scottish Ministers such information as they may by notice require to enable them to prepare a report under paragraph (1).

5

A notice under paragraph (4) may specify the form and manner in which, the period within which, or the times at which such information is to be provided.

6

In this regulation, “relevant period” means the period of 4 years beginning with 1 January 2020 and each successive 4 years.

6AInterpretation of the Directive

1

The Directive is to be interpreted in accordance with this section.

2

When interpreting the Directive for the purposes this Act—

a

a reference to one or more member States in a provision imposing an obligation, or conferring a discretion, on a member State or member States is to be read as a reference to the Scottish Ministers,

b

a reference to Community legislation is to be read as a reference to retained EU law,

c

a reference to Directive 2000/60/EC is to be read as a reference to that Directive as interpreted in accordance with Part 1 of schedule 5 of the Water Environment and Water Services (Scotland) Act 200311,

d

the Directive is to be read subject to the following rules.

3

The final paragraph of Article 3(2) is to be ignored.

4

Articles 4(3), 5(2) and 6(2) are to be ignored.

5

In Article 6(5)(c) the reference to “Annex I to Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution and prevention control” is to be read as a reference to “Annex 1 of Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control)”12.

6

Articles 7(4), 8(2) to (5), 11 to 13, 15, 16 and 17(2) are to be ignored.

7

Section 1 of Part A of the Annex is to be read as if—

a

in paragraph 4, for “other Community acts, including Council Directives 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment and 96/82/EC of 9 December 1996 on the control of major accident hazards involving dangerous substances” there were substituted “retained EU law which implemented Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment13, Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC14”,

b

in paragraph 5, for “Member States concerned” there were substituted “Scottish Ministers”.

2

In applying sub-paragraph (1)(a)—

a

any reference in Annex IV to the Directive to—

i

Article 8 of the Directive is to be read as a reference to regulations 13, 15 and 17 of these Regulations,

ii

Article 9 of the Directive is to be read as a reference to regulation 26 of these Regulations,

b

in paragraph 4 of Annex IV to the Directive, the words “the provision of the data to be sent to the Commission in accordance with Article 10(2) and Annex VI” are to be disregarded, and

c

paragraph 5 of Annex IV to the Directive is to be disregarded.

Interpretation2A

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 201226)”,

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”27,

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”28,

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 retained EU law”.

3

Where the Scottish Ministers consider that a limit value set out in Schedule 2 has been exceeded for a reason attributable to natural sources, that limit value will not be considered to be exceeded for the purposes of these Regulations.

4

Where the Scottish Ministers consider that a limit value has been exceeded for a reason attributable to natural sources in accordance with paragraph (3), the Scottish Ministers must publish information, for the relevant zones and agglomerations, demonstrating that the exceedances are attributable to natural sources.