PART 2Amendment and revocation of retained direct EU legislation
Decision 2004/279/EC concerning guidance for implementation of Directive 2002/3/EC of the European Parliament and of the Council relating to ozone in ambient airI13
1
Decision 2004/279/EC concerning guidance for implementation of Directive 2002/3/EC of the European Parliament and of the Council relating to ozone in ambient air is amended as follows.
2
In Article 1—
a
in paragraph 1—
i
from the words “The guidance with” to “shall be as” substitute “Appropriate authorities must have regard to the guidance”;
ii
after “this Decision” insert “
, in so far as relevant to the area in question
”
;
b
in paragraph 2—
i
for “Member States shall” substitute “
an appropriate authority must
”
;
ii
omit “in accordance with Article 7(3) of Directive 2002/3/EC”;
c
in paragraph 3—
i
at the beginning insert “
When developing and implementing a short-term action plan, an appropriate authority must consider
”
;
ii
omit the words from “accordance with Article” to “set out in”.
3
For Article 2, substitute—
2
1
In this Decision—
“appropriate authority” means—
- a
in relation to England, the Secretary of State;
- b
in relation to Wales, the Welsh Ministers;
- c
in relation to Scotland, the Scottish Ministers;
- d
in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;
“short-term action plan” means—
- a
in relation to England, a plan drawn up in accordance with regulation 27(3) of the Air Quality Standards Regulations 2010 M1;
- b
in relation to Wales, a plan drawn up in accordance with regulation 21(3) of the Air Quality Standards (Wales) Regulations 2010 M2;
- c
in relation to Scotland, a plan drawn up in accordance with regulation 25(3) of the Air Quality Standards (Scotland) Regulations 2010 M3;
- d
in relation to Northern Ireland, a plan drawn up in accordance with regulation 26(3) of the Air Quality Standards Regulations (Northern Ireland) 2010 M4.
4
In Annex 1—
a
in the heading—
i
omit “BY MEMBER STATES”;
ii
omit “IN ACCORDANCE WITH ARTICLE 7 OF DIRECTIVE 2002/3/EC”;
b
omit the first paragraph that begins “Article 7 of Directive”;
c
in the second paragraph, omit “With regard to EU long-term policy”;
d
in paragraph 3 (Short-term versus long-term measures), omit from “all over the EU” to the end of that sub-paragraph.
5
In Annex 3—
a
in the heading, omit “ACCORDING TO ARTICLE 9(3) OF DIRECTIVE 2002/3/EC”;
b
in the first paragraph—
i
for “Member States” substitute “
Appropriate authorities
”
;
ii
omit “by Article 9(3) of Directive 2002/3/EC”;
iii
omit the second sentence;
c
in point 1.1 (Recommendations for the location of the mandatory measuring station), for “Each Member State” substitute “
Appropriate authorities
”
.