The Air Quality (Miscellaneous Amendment and Revocation of Retained Direct EU Legislation) (EU Exit) Regulations 2018

Statutory Instruments

2018 No. 1407

Exiting The European Union

Environmental Protection

The Air Quality (Miscellaneous Amendment and Revocation of Retained Direct EU Legislation) (EU Exit) Regulations 2018

Sift requirements satisfied

10th December 2018

Made

18th December 2018

Laid before Parliament

21st December 2018

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred in section 8(1) of, and paragraph 21 of Schedule 7 to, of the European Union (Withdrawal) Act 2018 M1 .

The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

Marginal Citations

M1 2018 c. 16.

PART 1 U.K. Introductory

Citation and commencement U.K.

1.  These Regulations may be cited as the Air Quality (Miscellaneous Amendment and Revocation of Retained Direct EU Legislation) (EU Exit) Regulations 2018 and come into force on exit day.

Commencement Information

I1 Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

PART 2 U.K. Amendment and revocation of retained direct EU legislation

Regulation (EC) No 166/2006 of the European Parliament and of the Council concerning the establishment of a European Pollutant Release and Transfer Register U.K.

2.—(1) Regulation (EC) No 166/2006 of the European Parliament and of the Council concerning the establishment of a European Pollutant Release and Transfer Register is amended as follows.

(2) In Article 1—

(a) for “at Community level” substitute “ for the United Kingdom ”;

(b) for “European” substitute “ United Kingdom ”.

(3) In Article 2—

(a) in point (2), for “Member States” substitute “ appropriate authority ”;

(b) in point (11), before “waste water” insert “ urban ”;

(c) for point (13) substitute—

“(13) “waste” has the meaning given—

(a) in relation to England and Wales, in regulation 2(1) of the Environmental Permitting (England and Wales) Regulations 2016 M2 ;

(b) in relation to Scotland, in regulation 2(1) of the Pollution Prevention and Control (Scotland) Regulations 2012 M3 ;

(c) in relation to Northern Ireland, in regulation 2(1) of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013 M4 ;”;

(d) for point (14) substitute—

“(14) “hazardous waste” has the meaning given—

(a) in relation to England and Wales, in regulation 6 of the Hazardous Waste (England and Wales) Regulations 2005 M5 ;

(b) in relation to Scotland, in regulation 2(1) of the Pollution Prevention and Control (Scotland) Regulations 2012;

(c) in relation to Northern Ireland, in regulation 2(1) of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;”;

(e) for point (15) substitute—

“(15) “urban waste water” has the meaning given—

(a) in relation to England and Wales, in regulation 2(1) of the Urban Waste Water Treatment (England and Wales) Regulations 1994 M6 ;

(b) in relation to Scotland, in regulation 2(1) of the Urban Waste Water Treatment (Scotland) Regulations 1994 M7 ;

(c) in relation to Northern Ireland, in regulation 2(1) of the Urban Waste Water Treatment Regulations (Northern Ireland) 2007 M8 ;”;

(f) for point (16) substitute—

“(16) “disposal” has the meaning given—

(a) in relation to England and Wales, in regulation 2(1) of the Environmental Permitting (England and Wales) Regulations 2016;

(b) in relation to Scotland, in regulation 2(1) of the Waste Management Licensing (Scotland) Regulations 2011 M9 ;

(c) in relation to Northern Ireland, in regulation 1(3) of the Waste Management Licensing Regulations (Northern Ireland) 2003 M10 ;”;

(g) for point (17) substitute—

“(17) “recovery” has the meaning given—

(a) in relation to England and Wales, in regulation 2(1) of the Environmental Permitting (England and Wales) Regulations 2016;

(b) in relation to Scotland, in regulation 2(1) of the Waste Management Licensing (Scotland) Regulations 2011;

(c) in relation to Northern Ireland, in regulation 1(3) of the Waste Management Licensing Regulations (Northern Ireland) 2003;”;

(h) after point (17) insert—

“(18) “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.

(19) A reference in Annex 3 to a provision of a Directive is to be read as a reference to that provision in so far as it has been transposed into the law of any part of the United Kingdom.”.

(4) In Article 3—

(a) in the heading and in the words before point (a), for “European” substitute “ United Kingdom ”;

(b) in point (b), after the words “pollutants in” insert “ urban ”.

(5) In Article 4—

(a) in paragraph 1—

(i) for “Commission” substitute “ Secretary of State ”;

(ii) for “European” substitute “ United Kingdom ”;

(iii) omit point (c);

(iv) in point (g), after the words “pollutants in” insert “ urban ”;

(b) in paragraph 2, for “European” substitute “ United Kingdom ”;

(c) in paragraph 3—

(i) for “European” substitute “ United Kingdom ”;

(ii) omit point (a).

(6) In Article 5—

(a) in the heading, after the words “by operators” insert “ and competent authority duties ”;

[F1 (b) in paragraph 1—

(i) in point (c), after the words “Annex II in” insert “urban”;

(ii) in the first subparagraph—

(aa) for “shall communicate, by electronic means,” substitute “must send”;

(bb) for “Article 7(2)” substitute “Decision (EU) 2019/1741”;]

(c) in paragraph 5, for “Member State” substitute “ appropriate authority ”;

(d) after paragraph 5 insert—

“6.   A competent authority must provide all necessary information to its appropriate authority to ensure that the obligations placed upon the appropriate authority in this Regulation can be met.”.

(7) In Article 6, for “IIA to Directive 75/442/EEC” substitute “ 1 to Directive 2008/98/EC M11 ”.

(8) In Article 7—

(a) in the heading and in paragraph 1, for “Member States” substitute “ appropriate authorities ”;

[F2 (b) for paragraph 2 substitute—

“2.   Appropriate authorities outside England and the competent authority in England must provide, each year, to the Secretary of State a report containing all the data referred to in Article 5(1) and (2) in the format and by the dates set out in Decision (EU) 2019/1741. The reporting date shall be, in any case, no later than 11 months after the end of the reporting year.”;

(c) for paragraph 3 substitute—

“3.   The Secretary of State must incorporate the data reported by the appropriate authorities outside England and the data provided by the competent authority in England into the United Kingdom PRTR within one month of receiving complete reports provided in accordance with paragraph 2.”.]

(9) In Article 8(1)—

(a) for “Commission, assisted by the European Environment Agency” substitute “ Secretary of State ”;

(b) for “European” substitute “ United Kingdom ”;

(c) for “Member States” substitute “ appropriate authorities outside England or by the competent authority in England ”.

(10) Omit Article 9(3).

(11) In Article 10—

(a) in paragraph 1—

(i) for “Commission, assisted by the European Environment Agency” substitute “ Secretary of State ”;

(ii) for “European” substitute “ United Kingdom ”;

(iii) omit “in accordance with the timeframe set out in Article 7(3)”;

(b) in paragraph 2—

(i) at each place it occurs for “European” substitute “ United Kingdom ”;

(ii) omit “the Member State concerned and”;

(iii) for “Commission” substitute “ appropriate authorities ”.

(12) In Article 11—

(a) for “a Member State” substitute “ an appropriate authority ”;

[F3 (b) after the words “of the Council,” insert “in so far as that provision has been transposed into domestic law,”.]

(13) In Article 12—

(a) in the first paragraph—

(i) for “Commission” substitute “ Secretary of State, with the assistance of the other appropriate authorities ”;

(ii) for “European” substitute “ United Kingdom ”;

(b) in the third paragraph, for “Commission” substitute “ appropriate authorities ”.

(14) Omit Articles 13 and 14.

(15) In Article 15—

(a) for “Commission and the Member States” substitute “ Secretary of State ”;

(b) at each place it occurs for “European” substitute “ United Kingdom ”.

(16) Omit Articles [F4 18a,] 20, 21 and 22.

(17) Before Annex 1, omit the words from “This Regulation” to “Member States”.

F5 (18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 2(6)(b) substituted (31.12.2020 immediately before IP completion day) by The Environment (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1313), regs. 1(3), 5(2)(a)

F2 Reg. 2(8)(b)(c) substituted (31.12.2020 immediately before IP completion day) by The Environment (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1313), regs. 1(3), 5(2)(b)

F3 Reg. 2(12)(b) substituted for reg. 2(12)(b)(c) (31.12.2020 immediately before IP completion day) by The Environment (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1313), regs. 1(3), 5(2)(c)

F4 Word in reg. 2(16) substituted (31.12.2020 immediately before IP completion day) by The Environment (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1313), regs. 1(3), 5(2)(d)

F5 Reg. 2(18) omitted (31.12.2020 immediately before IP completion day) by virtue of The Environment (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1313), regs. 1(3), 5(2)(e)

Commencement Information

I2 Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M2 S.I. 2016/1154, relevant amending instrument S.I. 2018/110.

M3 S.S.I. 2012/360, to which there are amendments not relevant to these Regulations.

M4 S.R. 2013 No.160.

M5 S.I. 2005/894, last amended by S.I. 2018/575.

M6 S.I. 1994/2841, to which there are amendments not relevant to these Regulations.

M7 S.S.I. 1994/2842.

M8 S.R. 2007 No.187.

M9 S.S.I. 2011/228; relevant amending instrument S.S.I. 2015/438.

M10 S.R. 2003 No. 493; relevant amending instruments are S.R. 2011 No. 127 and S.R. 2016 No. 95.

M11 OJ No. L 312, 22.11.2008, p. 3-30, as amended by Commission Directive (EU) 2015/1127 (OJ No. L 184, 11.7.2015, p. 13).

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 U.K.

3.—(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 M12 ;

(b)

in relation to Wales, a plan drawn up in accordance with regulation 21(3) of the Air Quality Standards (Wales) Regulations 2010 M13 ;

(c)

in relation to Scotland, a plan drawn up in accordance with regulation 25(3) of the Air Quality Standards (Scotland) Regulations 2010 M14 ;

(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 M15 .”.

(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 ”.

Commencement Information

I3 Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M12 S.I. 2010/1001, to which there are amendments not relevant to these Regulations.

M13 S.I. 2010/1433 (W.126), to which there are amendments not relevant to these Regulations.

M14 S.S.I. 2010/204, to which there are amendments not relevant to these Regulations.

M15 S.R. 2010 No. 188, to which there are amendments not relevant to these Regulations.

Decision 2011/850/EU laying down rules for Directives 2004/107/EC and 2008/50/EC of the European Parliament and of the Council as regards the reciprocal exchange of information and reporting on ambient air quality U.K.

4.—(1) Decision 2011/850/EU laying down rules for Directives 2004/107/EC and 2008/50/EC of the European Parliament and of the Council as regards the reciprocal exchange of information and reporting on ambient air quality is amended as follows.

(2) In Article 1—

(a) in the words before point (a), omit “implementing Directives 2004/107/EC and 2008/50/EC”;

(b) in point (a), for “Member States” substitute “appropriate authorities'”;

(c) in point (b)—

(i) in each place where it occurs, for “Member States” substitute “ appropriate authorities ”;

(ii) after “information” insert “ between each other ”.

(3) In Article 2—

(a) omit point (9);

(b) in point (10)—

(i) omit the words from “, linked to the ambient” to “European Environment Agency,”;

(ii) for “Member States” substitute “ appropriate authorities ”;

(c) after point (12), insert the following—

“(13) “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.

(14) For the purpose of this Decision a reference to a provision of a Directive is to be read as a reference to that provision in so far as it has been transposed into the law of any part of the United Kingdom.”.

(4) Omit the subheading to Chapter 2.

(5) In Article 3—

(a) in the heading, omit “portal and”;

(b) in paragraph 1—

(i) for “The Commission, assisted by the European Environment Agency” substitute “ Each appropriate authority ”;

(ii) omit the words from “and make it accessible” to the end;

(c) for paragraph 2, substitute—

“(2) The appropriate authority must include in its data repository information and data in accordance with Article 5.”.

(d) omit paragraphs 3, 5 and 6.

(6) Omit Article 4.

(7) In Article 5—

(a) in paragraph 1—

(i) for “Member States” substitute “ The appropriate authority ”;

(ii) for “to the” substitute “ in its ”;

(iii) omit the second sentence;

(b) omit paragraphs 2, 3, 4 and 5.

(8) In the heading for Chapter 3, omit “Member States'”.

(9) In Article 6—

(a) in paragraph 1—

(i) from the words “In accordance with” to “make available” substitute “The appropriate authority must include in its data repository”;

(ii) omit the second subparagraph;

(b) in paragraph 2—

(i) at each place that it occurs, for “Member States” substitute “ The appropriate authority ”;

(ii) for “shall make” substitute “ must include in its data repository ”;

(iii) for “available to the Commission” substitute “ by ”;

(c) in paragraph 3, for “Member States shall inform the Commission thereof” substitute “ appropriate authority must update its data repository accordingly and by ”.

(10) In Article 7—

(a) in paragraph 1, for the words from “In accordance”, in the first place where the words appear, to “make available” substitute “ The appropriate authority must include in its data repository ”;

(b) in paragraph 2—

(i) for “Member States shall make” substitute “ The appropriate authority must include in its data repository ”;

(ii) for “available to the Commission” substitute “ by ”;

(iii) in the second sentence, for “Member States” substitute “ The appropriate authority ”.

(11) In Article 8—

(a) in paragraph 1, for the words from “In accordance” to “make available” substitute “ The appropriate authority must include in its data repository ”;

(b) in paragraph 2—

(i) for “Member States shall make” substitute “ The appropriate authorities must include in their data repository ”;

(ii) omit “available to the Commission”.

(12) In Article 9—

(a) in paragraph 1, for the words from “In accordance” to “make available” substitute “ The appropriate authority must include in its data repository ”;

(b) in paragraph 2—

(i) for “Member States shall make” substitute “ The appropriate authorities must include ”;

(ii) omit “available to the Commission”;

(c) in paragraph 7

(i) at the first place that it occurs, for “Member States” substitute “ The appropriate authority ”;

(ii) at the second place that it occurs, for “Member States” substitute “ appropriate authority ”.

(13) In Article 10—

(a) in paragraph 1—

(i) for the words from “In accordance” to “make available” substitute “ The appropriate authority must include in its data repository ”;

(ii) omit “as indicated by Member States”;

(iii) in the second subparagraph—

(aa) omit “Member States shall make available”;

(bb) insert at the end “ must be included ”;

(b) in paragraph 2, for “made available to the Commission” substitute “ included in the data repository ”;

(c) in paragraph 3—

(i) for “Member States shall” substitute “ The appropriate authority must ”;

(ii) for “make available” substitute “ include in its data repository ”;

(d) in paragraph 4—

(i) for “Member States shall also make available” substitute “ The appropriate authority must include in its data repository ”;

(ii) in both places where it occurs, omit “by the Member States”;

(iii) omit “and for the additional pollutants listed on the portal for that purpose”;

(e) in paragraph 5—

(i) for “Member States shall also make available” substitute “ The appropriate authority must include in its data repository ”;

(ii) omit “by the Member States”;

(iii) omit the words from “and for the” to “for that purpose”;

(f) in paragraph 6, for “made available to the Commission” substitute “ included in the data repository ”;

(g) in paragraph 8, for “Member States” substitute “ The appropriate authority ”.

(14) Omit Article 11.

(15) In Article 12—

(a) in paragraph 1, for the words from “In accordance” to “make available” substitute “ The appropriate authority must include in its data repository ”;

(b) in paragraph 2, for “made available to the Commission” substitute “ included in the data repository ”;

(c) in paragraph 4, omit the words from “and the aggregated” to the end.

(16) In Article 13—

(a) in paragraph 1, in the words from “In accordance” to “make available” substitute “The appropriate authority must include in its data repository”;

(b) in paragraph 2, for “made available to the Commission” substitute “ included in the data repository ”.

(17) In Article 14—

(a) in paragraph 1, in the words from “In accordance” to “make available” substitute “The appropriate authority must include in its data repository”;

(b) in paragraph 2, for “made available to the Commission” substitute “ included in the data repository ”.

(18) Omit Articles 15, 16 and 17.

(19) In Annex 1—

(a) in paragraph (A)(5), after the table, in the second subparagraph that begins “Valid annual”, for “Member State” substitute “ appropriate authorities and the appropriate authorities in Wales, Scotland and Northern Ireland and the competent authority in England must cooperate with the Secretary of State to ensure the Secretary of State is able ”;

(b) in paragraph (C), omit the second sentence.

(20) In Annex 2—

(a) in paragraph (C), omit point (17);

(b) omit paragraph (F).

Commencement Information

I4 Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Decision 2012/115/EU laying down rules concerning the transitional national plans referred to in Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions U.K.

5.—(1) Decision 2012/115/EU laying down rules concerning the transitional national plans referred to in Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions is amended as follows.

(2) For Article 1 substitute—

“Article 1 U.K. Interpretation

In this Decision “transitional national plan” means the plan prepared under Article 32 of Directive 2010/75/EU by the Secretary of State and submitted to the European Commission on 20th October 2015, as amended from time to time.”.

(3) Omit Articles 2, 3 and 4.

(4) In Article 5—

(a) omit paragraph 1;

(b) in paragraph 2—

(i) for the words from “For the purposes” to “the Commission of” substitute “ The Secretary of State must publish, in such manner as the Secretary of State thinks fit, information on ”;

(ii) before “plan” insert “ transitional national ””.

(5) In Article 6—

(a) for the heading substitute “ Reporting ”;

(b) omit paragraphs 1 and 2;

(c) in paragraph 3—

(i) for the words from “Member States implementing” to “the Commission” substitute “ The Secretary of State must publish, in such manner as the Secretary of State thinks fit ”;

(ii) omit “listed in Article 72(3) of Directive 2010/75/EU”;

(iii) before “plan” insert “ transitional national ”.

(6) Omit Article 7.

(7) In the Annex—

(a) omit paragraphs 1, 2 and 3;

(b) in paragraph 4—

(i) in the first subparagraph that begins “Member States shall”, for “Member States shall inform the Commission at least” substitute “ The Secretary of State must publish information ”;

(ii) omit point (a), including the indent marked “Note:” immediately below it;

(iii) in point (c), omit “and which would therefore fall under Chapter IV of Directive 2010/75/EU”;

(iv) omit the indent marked “Note:” immediately below point (c);

(v) in the second subparagraph that begins “For the purpose of”, for the words from “For the purpose” to “the Commission” substitute “ The Secretary of State does not have an obligation to publish ”;

(vi) omit the last paragraph that begins “Changes affecting”.

(c) Omit Appendices A, B, C and D.

Commencement Information

I5 Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Decision 2012/134/EU establishing the best available techniques (BAT) conclusions under Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions for the manufacture of glass U.K.

6.—(1) Decision 2012/134/EU establishing the best available techniques (BAT) conclusions under Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions for the manufacture of glass is amended as follows.

(2) For Article 2 substitute—

“Article 2 U.K. Application and Interpretation

1.   The BAT conclusions referred to in Article 1 apply in the United Kingdom.

2.   In this Decision—

“BAT conclusions” means a document laying down the conclusions on best available techniques, their description, information to assess their applicability, the emission levels associated with the best available techniques, associated monitoring, associated consumption levels and, where appropriate, relevant site remediation measures;

“best available techniques” means the most effective and advanced stage in the development of activities and their methods of operation which indicates the practical suitability of particular techniques for providing the basis for emission limit values and other permit conditions designed to prevent and, where that is not practicable, to reduce emissions and the impact on the environment as a whole.

3.   In relation to paragraph 2—

“available techniques” means those developed on a scale which allows implementation in the relevant industrial sector, under economically and technically viable conditions, taking into consideration the costs and advantages, whether or not the techniques are used or produced inside the United Kingdom, as long as they are reasonably accessible;

“best” means most effective in achieving a high general level of protection of the environment as a whole;

“emission levels associated with the best available techniques” means the range of emission levels obtained under normal operating conditions using a best available technique or a combination of best available techniques, as described in BAT conclusions, expressed as an average over a given period of time, under specified reference conditions;

“emission limit value” means the mass, expressed in terms of certain specific parameters, concentration and/or level of an emission, which may not be exceeded during one or more periods of time;

“techniques” includes both the technology used and the way in which the installation is designed, built, maintained, operated and decommissioned.

4.   In the Annex, references to “Member States” are to be read as if the United Kingdom were a Member State.

5.   For the purpose of this Decision a reference to a provision of a Directive is to be read as a reference to that provision in so far as it has been transposed into the law of any part of the United Kingdom.”.

Commencement Information

I6 Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Decision 2012/135/EU establishing the best available techniques (BAT) conclusions under Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions for iron and steel production U.K.

7.—(1) Decision 2012/135/EU establishing the best available techniques (BAT) conclusions under Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions for iron and steel production is amended as follows.

(2) For Article 2 substitute—

“Article 2 U.K. Application and Interpretation

1.   The BAT conclusions referred to in Article 1 apply in the United Kingdom.

2.   In this Decision—

“BAT conclusions” has the meaning given in Article 2 of Decision 2012/134/EU (“Decision 2012/134/EU”) establishing the best available techniques (BAT) conclusions under Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions for the manufacture of glass;

“best available techniques” has the meaning given in Article 2 of Decision 2012/134/EU.”.

Commencement Information

I7 Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Decision 2012/249/EU concerning the determination of start-up and shut-down periods for the purposes of Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions U.K.

8.—(1) Decision 2012/249/EU concerning the determination of start-up and shut-down periods for the purposes of Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions is amended as follows.

(2) In Article 2—

(a) in the heading, after “Definitions” insert “ and interpretation ”;

(b) after point (2) insert—

“(3) For the purpose of this Decision a reference to a provision of a Directive is to be read as a reference to that provision in so far as it has been transposed into the law of any part of the United Kingdom.”.

(3) Omit Article 10.

Commencement Information

I8 Reg. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Decision 2013/84/EU establishing the best available techniques (BAT) conclusions under Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions for the tanning of hides and skins U.K.

9.—(1) Decision 2013/84/EU establishing the best available techniques (BAT) conclusions under Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions for the tanning of hides and skins is amended as follows.

(2) For Article 2 substitute—

“Article 2 U.K. Application and Interpretation

1.   The BAT conclusions referred to in Article 1 apply in the United Kingdom.

2.   In this Decision—

“BAT conclusions” has the meaning given in Article 2 of Decision 2012/134/EU (“Decision 2012/134/EU”) establishing the best available techniques (BAT) conclusions under Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions for the manufacture of glass;

“best available techniques” has the meaning given in Article 2 of Decision 2012/134/EU.

3.   For the purpose of this Decision a reference to a provision of a Directive is to be read as a reference to that provision in so far as it has been transposed into the law of any part of the United Kingdom.”.

Commencement Information

I9 Reg. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Decision 2013/163/EU establishing the best available techniques (BAT) conclusions under Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions for the production of cement, lime and magnesium oxide U.K.

10.—(1) Decision 2013/163/EU establishing the best available techniques (BAT) conclusions under Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions for the production of cement, lime and magnesium oxide is amended as follows.

(2) For Article 2 substitute—

“Article 2 U.K. Application and Interpretation

1.   The BAT conclusions referred to in Article 1 apply in the United Kingdom.

2.   In this Decision—

“BAT conclusions” has the meaning given in Article 2 of Decision 2012/134/EU (“Decision 2012/134/EU”) establishing the best available techniques (BAT) conclusions under Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions for the manufacture of glass;

“best available techniques” has the meaning given in Article 2 of Decision 2012/134/EU.

3.   For the purpose of this Decision a reference to a provision of a Directive is to be read as a reference to that provision in so far as it has been transposed into the law of any part of the United Kingdom.

4.   In the Annex, references to “Member States” are to be read as if the United Kingdom were a Member State.”.

Commencement Information

I10 Reg. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Decision 2013/732/EU establishing the best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions, for the production of chlor-alkali U.K.

11.—(1) Decision 2013/732/EU establishing the best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions, for the production of chlor-alkali is amended as follows.

(2) For Article 2 substitute—

“Article 2 U.K. Application and Interpretation

1.   The BAT conclusions referred to in Article 1 apply in the United Kingdom.

2.   In this Decision—

“BAT conclusions” has the meaning given in Article 2 of Decision 2012/134/EU (“Decision 2012/134/EU”) establishing the best available techniques (BAT) conclusions under Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions for the manufacture of glass;

“best available techniques” has the meaning given in Article 2 of Decision 2012/134/EU.

3.   For the purpose of this Decision a reference to a provision of a Directive is to be read as a reference to that provision in so far as it has been transposed into the law of any part of the United Kingdom.”.

Commencement Information

I11 Reg. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Decision 2014/687/EU establishing the best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council, for the production of pulp, paper and board U.K.

12.—(1) Decision 2014/687/EU establishing the best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council, for the production of pulp, paper and board is amended as follows.

(2) For Article 2 substitute—

“Article 2 U.K. Application and Interpretation

1.   The BAT conclusions referred to in Article 1 apply in the United Kingdom.

2.   In this Decision—

“BAT conclusions” has the meaning given in Article 2 of Decision 2012/134/EU (“Decision 2012/134/EU”) establishing the best available techniques (BAT) conclusions under Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions for the manufacture of glass;

“best available techniques” has the meaning given in Article 2 of Decision 2012/134/EU.

3.   For the purpose of this Decision a reference to a provision of a Directive is to be read as a reference to that provision in so far as it has been transposed into the law of any part of the United Kingdom.”.

Commencement Information

I12 Reg. 12 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Decision 2014/738/EU establishing best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions, for the refining of mineral oil and gas U.K.

13.—(1) Decision 2014/738/EU establishing best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions, for the refining of mineral oil and gas is amended as follows.

(2) For Article 2 substitute—

“Article 2 U.K. Application and Interpretation

1.   The BAT conclusions referred to in Article 1 apply in the United Kingdom.

2.   In this Decision—

“BAT conclusions” has the meaning given in Article 2 of Decision 2012/134/EU (“Decision 2012/134/EU”) establishing the best available techniques (BAT) conclusions under Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions for the manufacture of glass;

“best available techniques” has the meaning given in Article 2 of Decision 2012/134/EU.

3.   In the Annex, references to “Member States” are to be read as if the United Kingdom were a Member State.”.

Commencement Information

I13 Reg. 13 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Decision 2014/768/EU establishing the type, format and frequency of information to be made available by the Member States on integrated emissions management techniques applied in mineral oil and gas refineries, pursuant to Directive 2010/75/EU of the European Parliament and of the Council U.K.

14.—(1) Decision 2014/768/EU establishing the type, format and frequency of information to be made available by the Member States on integrated emissions management techniques applied in mineral oil and gas refineries, pursuant to Directive 2010/75/EU of the European Parliament and of the Council is amended as follows.

(2) In Article 1—

(a) in the heading omit “by Member States”;

(b) in the first paragraph, for “Member States shall make available to the Commission” substitute “ The appropriate authority must publish ”;

(c) in paragraph 2—

(i) for “shall be made available to the Commission” substitute “ must be published ”;

(ii) omit the words from “using the” to the end.

(d) after paragraph 2 insert—

“(3) For the purposes of this Decision the “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.”.

(3) Omit Article 2.

(4) In the Annex, in the heading for “made available to the Commission” substitute “ published ”.

Commencement Information

I14 Reg. 14 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Decision 2015/6674/EU establishing a common format for the submission of Member State reports on the implementation of Directive 2004/42/EC of the European Parliament and of the Council on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products U.K.

15.—(1) Decision 2015/6674/EU establishing a common format for the submission of Member State reports on the implementation of Directive 2004/42/EC of the European Parliament and of the Council on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products is amended as follows.

(2) For Article 1 substitute—

“Article 1 U.K.

For the purpose of the programme referred to in regulation 7 of the Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2012 M16 , the Annex to this Decision details the information that the Secretary of State must compile as part of that programme.”.

(3) For Article 2 substitute—

“Article 2 U.K.

1.   The Secretary of State must publish the information required in accordance with Article 1 before 1 July 2021, and at least once every 5 years thereafter.

2.   For the purpose of Article 1, the Secretary of State may require that an appropriate authority provide certain data for their area.

3.   Where an appropriate authority is provided with a request in accordance with paragraph 2, the appropriate authority must comply with the request within any reasonable time frame specified in the request.

4.   In this Decision the “appropriate authority” means—

(a) in relation to Wales, the Welsh Ministers;

(b) in relation to Scotland, the Scottish Ministers;

(c) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.”.

(4) In the Annex, in the heading for the words “the report referred to in Article 7 of Directive 2004/42/EC” substitute “ information in accordance with the programme referred to in regulation 7 of the Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2012 ”.

Commencement Information

I15 Reg. 15 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M16 S.I. 2012/1715, to which there are amendments not relevant to these Regulations.

Decision 2015/2119/EU establishing best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council, for the production of wood-based panels U.K.

16.—(1) Decision 2015/2119/EU establishing best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council, for the production of wood-based panels is amended as follows.

(2) For Article 2 substitute—

“Article 2 U.K. Application and Interpretation

1.   The BAT conclusions referred to in Article 1 apply in the United Kingdom.

2.   In this Decision—

“BAT conclusions” has the meaning given in Article 2 of Decision 2012/134/EU (“Decision 2012/134/EU”) establishing the best available techniques (BAT) conclusions under Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions for the manufacture of glass;

“best available techniques” has the meaning given in Article 2 of Decision 2012/134/EU.”.

Commencement Information

I16 Reg. 16 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Decision 2016/902/EU establishing best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council, for common waste water and waste gas treatment/management systems in the chemical sector U.K.

17.—(1) Decision 2016/902/EU establishing best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council, for common waste water and waste gas treatment/management systems in the chemical sector is amended as follows.

(2) For Article 2 substitute—

“Article 2 U.K. Application and Interpretation

1.   The BAT conclusions referred to in Article 1 apply in the United Kingdom.

2.   In this Decision—

“BAT conclusions” has the meaning given in Article 2 of Decision 2012/134/EU (“Decision 2012/134/EU”) establishing the best available techniques (BAT) conclusions under Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions for the manufacture of glass;

“best available techniques” has the meaning given in Article 2 of Decision 2012/134/EU.

3.   For the purpose of this Decision a reference to a provision of a Directive is to be read as a reference to that provision in so far as it has been transposed into the law of any part of the United Kingdom.”.

Commencement Information

I17 Reg. 17 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Decision 2016/1032/EU establishing best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council, for the non-ferrous metals industries U.K.

18.—(1) Decision 2016/1032/EU establishing best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council, for non-ferrous metals industries is amended as follows.

(2) For Article 2 substitute—

“Article 2 U.K. Application and Interpretation

1.   The BAT conclusions referred to in Article 1 apply in the United Kingdom.

2.   In this Decision—

“BAT conclusions” has the meaning given in Article 2 of Decision 2012/134/EU (“Decision 2012/134/EU”) establishing the best available techniques (BAT) conclusions under Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions for the manufacture of glass;

“best available techniques” has the meaning given in Article 2 of Decision 2012/134/EU.

3.   For the purpose of this Decision a reference to a provision of a Directive is to be read as a reference to that provision in so far as it has been transposed into the law of any part of the United Kingdom.

4.   In the Annex, references to “Member States” are to be read as if the United Kingdom were a Member State.”.

Commencement Information

I18 Reg. 18 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Decision 2017/302/EU establishing best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council, for the intensive rearing of poultry or pigs U.K.

19.—(1) Decision 2017/302/EU establishing best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council, for the intensive rearing of poultry or pigs is amended as follows.

(2) For Article 2 substitute—

“Article 2 U.K. Application and Interpretation

1.   The BAT conclusions referred to in Article 1 apply in the United Kingdom.

2.   In this Decision—

“BAT conclusions” has the meaning given in Article 2 of Decision 2012/134/EU (“Decision 2012/134/EU”) establishing the best available techniques (BAT) conclusions under Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions for the manufacture of glass;

“best available techniques” has the meaning given in Article 2 of Decision 2012/134/EU.

3.   For the purpose of this Decision a reference to a provision of a Directive is to be read as a reference to that provision in so far as it has been transposed into the law of any part of the United Kingdom.”.

Commencement Information

I19 Reg. 19 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Decision 2017/1442/EU establishing best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council, for large combustion plants U.K.

20.—(1) Decision 2017/1442/EU establishing best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council, for large combustion plants is amended as follows.

(2) For Article 2 substitute—

“Article 2 U.K. Application and Interpretation

1.   The BAT conclusions referred to in Article 1 apply in the United Kingdom [F6 but not in so far as they relate to an activity that comes within the scope of a NI Protocol obligation].

2.   In this Decision—

“BAT conclusions” has the meaning given in Article 2 of Decision 2012/134/EU (“Decision 2012/134/EU”) establishing the best available techniques (BAT) conclusions under Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions for the manufacture of glass;

“best available techniques” has the meaning given in Article 2 of Decision 2012/134/EU.

[F7 “NI Protocol obligation” means any obligation created or arising under Article 9 of, and Annex 4 to, the Northern Ireland Protocol as regards Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions, whether or not it is an obligation to which section 7A(2) of the European Union (Withdrawal) Act 2018 applies;

“Northern Ireland Protocol” means the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement.]

3.   For the purpose of this Decision a reference to a provision of a Directive is to be read as a reference to that provision in so far as it has been transposed into the law of any part of the United Kingdom.

4.   In the Annex, references to “Member States” are to be read as if the United Kingdom were a Member State.”.

Textual Amendments

F6 Words in reg. 20(2) inserted (31.12.2020 immediately before IP completion day) by The Air Quality (Amendment) (Northern Ireland Protocol) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1352), regs. 1, 2(2)(a)

F7 Words in reg. 20(2) inserted (31.12.2020 immediately before IP completion day) by The Air Quality (Amendment) (Northern Ireland Protocol) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1352), regs. 1, 2(2)(b)

Commencement Information

I20 Reg. 20 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Decision 2017/2117/EU establishing best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council, for the production of large volume organic chemicals U.K.

21.—(1) Decision 2017/2117/EU establishing best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council, for the production of large volume organic chemicals is amended as follows.

(2) For Article 2 substitute—

“Article 2 U.K. Application and Interpretation

1.   The BAT conclusions referred to in Article 1 apply in the United Kingdom.

2.   In this Decision—

“BAT conclusions” has the meaning given in Article 2 of Decision 2012/134/EU (“Decision 2012/134/EU”) establishing the best available techniques (BAT) conclusions under Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions for the manufacture of glass;

“best available techniques” has the meaning given in Article 2 of Decision 2012/134/EU.

3.   For the purpose of this Decision a reference to a provision of a Directive is to be read as a reference to that provision in so far as it has been transposed into the law of any part of the United Kingdom.”.

Commencement Information

I21 Reg. 21 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Decision 2018/1135/EU establishing the type, format and frequency of information to be made available by the Member States for the purposes of reporting on the implementation of Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions U.K.

22.—(1) Decision 2018/1135 establishing the type, format and frequency of information to be made available by the Member States for the purposes of reporting on the implementation of Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions is amended as follows.

(2) In Article 1—

(a) in the first and second paragraph—

(i) at both places it occurs, for “Member States” substitute “ appropriate authorities ”;

(ii) at both places it occurs, for “make available to the Commission” substitute “ prepare ”;

(iii) omit the third paragraph.

(3) In Article 2—

(a) in the first and second paragraph, at each place that it occurs, for “submitted” substitute “ prepared ”;

[F8 (b) in the third paragraph, from the words from “is addressed to” to the end substitute “does not apply to any activity that comes within the scope of a NI Protocol obligation.]

(4) After Article 2, insert—

“Article 3 U.K.

1.   An appropriate authority may publish a summary of the information prepared in accordance with this Decision in such manner as the appropriate authority considers appropriate including by indicating where that information is already publicly available.

2.   Where a competent authority holds information covered by this Decision, it must provide it promptly to the relevant appropriate authority so that the appropriate authority can meet its obligations to prepare that information.

3.   For the purpose of this Decision a reference to a provision of a Directive is to be read as a reference to that provision in so far as it has been transposed into the law of any part of the United Kingdom.

4.   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;

“competent authority” means the national authority or authorities, or any other competent body or bodies, designated by the appropriate authority.

[F9 “NI Protocol obligation” means any obligation created or arising under Article 9 of, and Annex 4 to, the Northern Ireland Protocol as regards Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions, whether or not it is an obligation to which section 7A(2) of the European Union (Withdrawal) Act 2018 applies;

“Northern Ireland Protocol” means the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement.”].

(5) In Annex 1, omit the indent marked “Note:” immediately below the subheading.

Textual Amendments

F8 Reg. 22(3)(b) substituted (31.12.2020 immediately before IP completion day) by The Air Quality (Amendment) (Northern Ireland Protocol) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1352), regs. 1, 2(3)(a)

F9 Words in reg. 22(4) inserted (31.12.2020 immediately before IP completion day) by The Air Quality (Amendment) (Northern Ireland Protocol) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1352), regs. 1, 2(3)(b)

Commencement Information

I22 Reg. 22 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Decision 2018/1147/EU establishing best available techniques (BAT) conclusions for waste treatment, under Directive 2010/75/EU of the European Parliament and of the Council U.K.

23.—(1) Decision 2018/1147/EU establishing best available techniques (BAT) conclusions for waste treatment, under Directive 2010/75/EU of the European Parliament and of the Council, is amended as follows.

(2) For Article 2 substitute—

“Article 2 U.K. Application and Interpretation

1.   The BAT conclusions referred to in Article 1 apply in the United Kingdom.

2.   In this Decision—

“BAT conclusions” has the meaning given in Article 2 of Decision 2012/134/EU (“Decision 2012/134/EU”) establishing the best available techniques (BAT) conclusions under Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions for the manufacture of glass;

“best available techniques” has the meaning given in Article 2 of Decision 2012/134/EU.

3.   For the purpose of this Decision a reference to a provision of a Directive is to be read as a reference to that provision in so far as it has been transposed into the law of any part of the United Kingdom.”.

Commencement Information

I23 Reg. 23 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Decision 2018/1522 laying down a common format for national air pollution control programmes under Directive (EU) 2016/2284 of the European Parliament and of the Council on the reduction of national emissions of certain atmospheric pollutants U.K.

24.  Decision 2018/1522 laying down a common format for national air pollution control programmes under Directive (EU) 2016/2284 of the European Parliament and of the Council on the reduction of national emissions of certain atmospheric pollutants, is amended as follows.

(1) Omit Article 1.

(2) For Article 2, substitute—

“Article 2 U.K. Format

The Secretary of State must use the format laid down in the Annex when publishing a national air pollution control programme in accordance with regulation 9(1) of the National Emission Ceilings Regulations 2018 M17 .”

(3) Omit Article 3.

(4) In the Annex—

(a) in the heading before paragraph 1, omit “pursuant to Article 6 of Directive (EU) 2016/2284”;

(b) at each place that it occurs, omit “Member State”;

(c) at each place that it occurs, for “Member States” substitute “ The Secretary of State ”;

(d) at each place that it occurs, omit “EU”;

(e) at each place that it occurs, for “EUR” substitute “ £ ”;

(f) at each place that if occurs, omit “and Union”;

(g) in paragraph 2.2.7, for “Member States” substitute “ member States (where relevant) ”;

(h) in paragraph 2.6, omit the subheading that begins “The information required”;

(i) in paragraph 2.6.4, in the table in point B(1), omit the words from “Without prejudice to” to “of the Council”;

(j) in paragraph 2.7.2, in the table, for “Member States” substitute “member States (where applicable).

Commencement Information

I24 Reg. 24 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M17 S.I. 2018/129.

[F10 Decision (EU) 2019/2010 establishing the best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council, for waste incineration U.K.

24A.— (1) Decision (EU) 2019/2010 establishing the best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council, for waste incineration is amended as follows.

(2) For Article 2 substitute—

“Article 2 U.K. Application and Interpretation

1.   The BAT conclusions referred to in Article 1 apply in the United Kingdom but not in so far as they relate to an activity that comes within the scope of a NI Protocol obligation.

2.   In this Decision—

“BAT conclusions” has the meaning given in Article 2 of Decision 2012/134/EU establishing the best available techniques (BAT) conclusions under Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions for the manufacture of glass (“Decision 2012/134/EU”);

“best available techniques” has the meaning given in Article 2 of Decision 2012/134/EU;

“NI Protocol obligation” means any obligation created or arising under Article 9 of, and Annex 4 to, the Northern Ireland Protocol as regards Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions, whether or not it is an obligation to which section 7A(2) of the European Union (Withdrawal) Act 2018 applies;

“Northern Ireland Protocol” means the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement.

3.   For the purpose of this Decision a reference to a provision of a Directive is to be read as a reference to that provision in so far as it has been transposed into the law of any part of the United Kingdom.”.]

Textual Amendments

F10 Reg. 24A inserted (31.12.2020 immediately before IP completion day) by The Air Quality (Amendment) (Northern Ireland Protocol) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1352), regs. 1, 2(4)

Commencement Information

I25 Reg. 24A in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[F11 Decision (EU) 2019/2031 establishing best available techniques (BAT) conclusions for the food, drink and milk industries, under Directive 2010/75/EU of the European Parliament and of the Council U.K.

24B.— (1) Decision (EU) 2019/2031 establishing best available techniques (BAT) conclusions for the food, drink and milk industries, under Directive 2010/75/EU of the European Parliament and of the Council is amended as follows.

(2) For Article 2 substitute—

“Article 2 U.K. Application and Interpretation

1.   The BAT conclusions referred to in Article 1 apply in the United Kingdom.

2.   In this Decision—

“BAT conclusions” has the meaning given in Article 2 of Decision 2012/134/EU (“Decision 2012/134/EU”) establishing the best available techniques (BAT) conclusions under Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions for the manufacture of glass;

“best available techniques” has the meaning given in Article 2 of Decision 2012/134/EU.

3.   For the purpose of this Decision a reference to a provision of a Directive is to be read as a reference to that provision in so far as it has been transposed into the law of any part of the United Kingdom.”.

Textual Amendments

F11 Regs. 24B-24E inserted (31.12.2020 immediately before IP completion day) by The Environment (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1313), regs. 1(3), 5(3)

Commencement Information

I26 Reg. 24B in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Decision (EU) 2019/1713 establishing the format of information to be made available by the Member States for the purposes of reporting on the implementation of Directive (EU) 2015/2193 of the European Parliament and of the Council U.K.

24C.— (1) Decision (EU) 2019/1713 establishing the format of information to be made available by the Member States for the purposes of reporting on the implementation of Directive (EU) 2015/2193 of the European Parliament and of the Council is amended as follows.

(2) In Article 1—

(a) in the first paragraph—

(i) for “Commission” substitute “appropriate authority”;

(ii) for the words from “in accordance with” to “Member States shall” substitute “from medium combustion plants coming within Directive (EU) 2015/2193, the competent authorities must”;

(b) for the second paragraph substitute—

“Where a competent authority holds information covered by this Decision, that authority must provide such information to the relevant appropriate authority so that the appropriate authority can meet its obligations to prepare a report in accordance with Article 3.”.

(3) In Article 2, omit the first paragraph.

(4) After Article 2—

(a) insert—

“Article 3 U.K.

1.   An appropriate authority must publish a summary of the information it receives in accordance with this Decision in such a manner as the appropriate authority considers appropriate, which can include indicating where that information is already publicly available.

2.   For the purpose of this Decision a reference to a provision of a Directive is to be read as a reference to that provision in so far as it has been transposed into the law of any part of the United Kingdom.

3.   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;

“competent authority” means the national authority or authorities, or any other competent body or bodies, designated by the appropriate authority.”;

(b) omit “This Decision is addressed to the Member States.”.

(5) In the Annex, in the Note before Part 1, for “Member States” substitute “competent authorities”.

Textual Amendments

F11 Regs. 24B-24E inserted (31.12.2020 immediately before IP completion day) by The Environment (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1313), regs. 1(3), 5(3)

Commencement Information

I27 Reg. 24C in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Decision (EU) 2019/1741 establishing the format and frequency of data to be made available by the Member States for the purposes of reporting under Regulation (EC) No 166/2006 of the European Parliament and of the Council concerning the establishment of a European Pollutant and Release Transfer Register U.K.

24D.— (1) Decision (EU) 2019/1741 establishing the format and frequency of data to be made available by the Member States for the purposes of reporting under Regulation (EC) No 166/2006 of the European Parliament and of the Council concerning the establishment of a European Pollutant and Release Transfer Register is amended as follows.

(2) In Article 1—

(i) in the first paragraph—

(aa) for “Member States shall” substitute “Appropriate authorities outside England and the competent authority in England must”;

(bb) from the words “, using the specific” to the end substitute “to the Secretary of the State in accordance with this Decision”.;

(ii) in the second paragraph, for “2019” substitute “2020”;

(iii) in the third and fourth paragraphs, for “Commission” substitute “Secretary of State”.

(3) In Article 2—

(i) in the first paragraph—

(aa) for “E-PRTR” substitute “United Kingdom-PRTR”;

(bb) from the words “Member States, the” to “European Environment Agency” substitute “appropriate authorities”.

(4) After Article 2, insert—

“Article 3 U.K.

1.   For the purpose of this Decision a reference to a provision of a Directive is to be read as a reference to that provision in so far as it has been transposed into the law of any part of the United Kingdom.

2.   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;

“competent authority” means the national authority or authorities, or any other competent body or bodies, designated by the appropriate authority.”.

(4) Omit “This Decision is addressed to the Member States”.

(5) In the Annex—

(a) in the heading, for “Member States” substitute “appropriate authorities outside England or the competent authority in England”;

(b) in the Note before the table—

(i) for “Member States” substitute “The appropriate authorities outside England or the competent authority in England”;

(ii) for “Commission” substitute “Secretary of State”;

(c) at each place that it occurs (including in footnote (h)), for “E-PRTR” substitute “UK-PRTR”;

(d) in the table—

(i) in footnote (g) —

(aa) omit the first sentence;

(bb) for “Commission” substitute “Secretary of State”;

(ii) in footnote (h) omit “EU”.

Textual Amendments

F11 Regs. 24B-24E inserted (31.12.2020 immediately before IP completion day) by The Environment (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1313), regs. 1(3), 5(3)

Commencement Information

I28 Reg. 24D in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Decision (EU) 2020/2009 establishing the best available techniques (BAT) conclusions, under Directive 2010/75/EU on industrial emissions, for surface treatment using organic solvents including preservation of wood and wood products with chemicals U.K.

24E.— (1) Decision (EU) 2020/2009 establishing the best available techniques (BAT) conclusions, under Directive 2010/75/EU on industrial emissions, for surface treatment using organic solvents including preservation of wood and wood products with chemicals is amended as follows.

(2) For Article 2 substitute—

“Article 2 U.K. Application and Interpretation

1.   The BAT conclusions referred to in Article 1 apply in the United Kingdom.

2.   In this Decision—

“BAT conclusions” has the meaning given in Article 2 of Decision 2012/134/EU (“Decision 2012/134/EU”) establishing the best available techniques (BAT) conclusions under Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions for the manufacture of glass;

“best available techniques” has the meaning given in Article 2 of Decision 2012/134/EU.

3.   For the purpose of this Decision a reference to a provision of a Directive is to be read as a reference to that provision in so far as it has been transposed into the law of any part of the United Kingdom.”.]

Textual Amendments

F11 Regs. 24B-24E inserted (31.12.2020 immediately before IP completion day) by The Environment (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1313), regs. 1(3), 5(3)

Commencement Information

I29 Reg. 24E in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Revocations and amendment of Annex 20 to EEA agreement U.K.

25.—(1) The retained direct EU legislation listed in Schedule 1 is revoked.

(2) In Annex 20 to the EEA agreement so far as it forms part of domestic law (see section 3(2)(b) of the European (Withdrawal) Act 2018), in Chapters 1 and 3, omit the references to the EU legislation listed in Schedule 2.

Commencement Information

I30 Reg. 25 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Thérèse Coffey

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

Regulation 25(1)

SCHEDULE 1 U.K. Revocations

Decisions U.K.

1.  Decision 2002/529/EC concerning a questionnaire for Member States reports on the implementation of Directive 1999/13/EC on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations.

Commencement Information

I31 Sch. 1 para. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

2.  Decision 2006/61/EC on the conclusion, on behalf of the European Community, of the UN-ECE Protocol on Pollutant Release and Transfer Registers. U.K.

Commencement Information

I32 Sch. 1 para. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

3.  Decision 2010/205/EU concerning the reporting questionnaire relating to Regulation (EC) No. 166/2006 of the European Parliament and of the Council concerning the establishment of a European Pollutant Release and Transfer Register. U.K.

Commencement Information

I33 Sch. 1 para. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

4.  Decision 2010/681/EC concerning a questionnaire for Member States reports on the implementation of Directive 1999/13/EC on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations during the period 2011-2013. U.K.

Commencement Information

I34 Sch. 1 para. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

5.  Decision 2010/693/EU establishing a common format for the second report of Member States on the implementation of Directive 2004/42/EC of the European Parliament and of the Council on the limitation of emissions of volatile organic compounds. U.K.

Commencement Information

I35 Sch. 1 para. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

6.  Decision 2011/C 146/03 establishing a forum for the exchange of information pursuant to Article 13 of the Directive 2010/75/EU on industrial emissions. U.K.

Commencement Information

I36 Sch. 1 para. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

7.  Decision 2012/119/EU laying down rules concerning guidance on the collection of data and on the drawing up of BAT reference documents and on their quality assurance referred to in Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions. U.K.

Commencement Information

I37 Sch. 1 para. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

8.  Decision 2013/761/EU on the notification by the United Kingdom of Great Britain and Northern Ireland of a transitional national plan referred to in Article 32 of Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions. U.K.

Commencement Information

I38 Sch. 1 para. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

9.  Decision C(2015) 9317 on the notification by the United Kingdom of Great Britain and Northern Ireland of a transitional national plan referred to in Article 32 of Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions. U.K.

Commencement Information

I39 Sch. 1 para. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Regulation 25(2)

SCHEDULE 2 U.K. Removal of references

EEA agreement references U.K.

1.  Decision 2010/205/EU concerning the reporting questionnaire relating to Regulation (EC) No 166/2006 of the European Parliament and of the Council concerning the establishment of a European Pollutant Release and Transfer Register.

Commencement Information

I40 Sch. 2 para. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

2.  Decision 2010/681/EU concerning a questionnaire for Member States reports on the implementation of Council Directive 1999/13/EC on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations during the period 2011-2013. U.K.

Commencement Information

I41 Sch. 2 para. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

3.  Decision 2012/119/EU laying down rules concerning guidance on the collection of data and on the drawing up of BAT reference documents and on their quality assurance referred to in Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions. U.K.

Commencement Information

I42 Sch. 2 para. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

4.  Decision 2012/795/EU establishing the type, format and frequency of information to be made available by Member States for the purposes of reporting on the implementation of Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions. U.K.

Commencement Information

I43 Sch. 2 para. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers in section 8 of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c.16) in order to address failures in retained direct EU law to operate effectively and other deficiencies (in particular under paragraphs (a), (d) and (g) of section 8(2) of that Act) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to legislation in the field of air quality. Part 2 amends and revokes retained direct EU legislation and removes certain references made to that legislation in an annex to the EAA agreement.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.