The Environmental Permitting (England and Wales) Regulations 2016

Exercise of relevant functions E+W

4.—(1) The regulator must exercise its relevant functions so as to ensure compliance with the following provisions of the Industrial Emissions Directive—

(a) Article 5(1) and (3);

(b) Article 7;

(c) Article 8(2);

(d) Article 9;

(e) Article 42(1)

(f) Article 43;

(g) Article 45(1), (2) and (4);

(h) Article 46;

(i) Article 47;

(j) Article 48(1) to (4);

(k) Article 49;

(l) Article 50;

(m) Article 51(1) to (3);

(n) Article 52;

(o) Article 53;

(p) Article 54;

(q) Article 55;

(r) Article 82(5) and (6).

(2) But when interpreting the Industrial Emissions Directive for the purposes of this Schedule—

(a) in Article 51(1) ignore the words “Member states may lay down rules governing these authorisations”;

(b) paragraph 2.1(c) of Part 6 of Annex VI is to be read as if the words “and dioxin-like polychlorinated biphenyls and polycyclic aromatic hydrocarbons” appeared after the word “furans”, but only in the case of particular plants where the regulator can demonstrate that emissions of those additional substances are, or are likely to be, significant.