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—

    1. a

      in relation to England, the Secretary of State;

    2. b

      in relation to Wales, the Welsh Ministers;

    3. c

      in relation to Scotland, the Scottish Ministers;

    4. d

      in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

  • “short-term action plan” means—

    1. a

      in relation to England, a plan drawn up in accordance with regulation 27(3) of the Air Quality Standards Regulations 2010 M1;

    2. b

      in relation to Wales, a plan drawn up in accordance with regulation 21(3) of the Air Quality Standards (Wales) Regulations 2010 M2;

    3. c

      in relation to Scotland, a plan drawn up in accordance with regulation 25(3) of the Air Quality Standards (Scotland) Regulations 2010 M3;

    4. 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;

iv

in the third sentence—

aa

omit “Annex VI of Directive 2002/3/EC further states that”;

bb

omit “such”;

c

in point 1.1 (Recommendations for the location of the mandatory measuring station), for “Each Member State” substitute “ Appropriate authorities ”.