2019 No. 1417
Environmental Protection, England And Wales

The Pollution Prevention and Control (Designation of Directives) (England and Wales) Order 2019

Made
Coming into force in accordance with article 1(1)
The Secretary of State and the Welsh Ministers make this Order in exercise of the powers conferred by section 7(9)(a) of, and paragraph 20(2)(c) of Schedule 1 to, the Pollution Prevention and Control Act 19991.

Citation, commencement, extent and application1.

(1)

This Order may be cited as the Pollution Prevention and Control (Designation of Directives) (England and Wales) Order 2019 and comes into force on the day after the day on which it is made.

(2)

This Order extends to England and Wales.

(3)

This Order applies in relation to—

(a)

England and the sea adjacent to England out as far as the seaward boundary of the territorial sea; and

(b)

Wales, within the meaning given by section 158 of the Government of Wales Act 20062.

(4)

For the purpose of paragraph (3)(a), the sea adjacent to England is so much of the sea adjacent to Great Britain as—

(a)

is not the sea adjacent to Scotland; and

(b)

does not form part of Wales.

(5)

In paragraph (4)(a), the sea adjacent to Scotland has the same meaning as the internal waters and territorial sea of the United Kingdom adjacent to Scotland has by virtue of section 126(2) of the Scotland Act 19983.

Designation of Directives2.

The following Directives are designated as relevant directives for the purposes of paragraph 20(1)(b) of Schedule 1 to the Pollution Prevention and Control Act 1999—

(a)

Council Directive 87/217/EEC on the prevention and reduction of environmental pollution by asbestos4;

(b)

Council Directive 91/271/EEC concerning urban waste water treatment5;

(c)

Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources6;

(d)

European Parliament and Council Directive 94/62/EC on packaging and packaging waste7;

(e)

European Parliament and Council Directive 94/63/EC on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations8;

(f)

Council Directive 96/59/EC on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT)9;

(g)

Council Directive 1999/31/EC on the landfill of waste10;

(h)

Directive 2000/14/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors11;

(i)

Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles12;

(j)

Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy13;

(k)

Directive 2002/49/EC of the European Parliament and of the Council relating to the assessment and management of environmental noise14;

(l)

Directive 2003/35/EC of the European Parliament and of the Council providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment15;

(m)

Directive 2004/35/CE of the European Parliament and of the Council on environmental liability with regard to the prevention and remedying of environmental damage16;

(n)

Directive 2005/64/EC of the European Parliament and of the Council on the type-approval of motor vehicles with regard to their reusability, recyclability and recoverability17;

(o)

Directive 2006/7/EC of the European Parliament and of the Council concerning the management of bathing water quality18;

(p)

Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators19;

(q)

Directive 2006/118/EC of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration20;

(r)

Directive 2008/50/EC of the European Parliament and of the Council on ambient air quality and cleaner air for Europe21;

(s)

Directive 2008/98/EC of the European Parliament and of the Council on waste22;

(t)

Directive 2008/105/EC of the European Parliament and of the Council on environmental quality standards in the field of water policy23;

(u)

Commission Directive 2009/90/EC laying down, pursuant to Directive 2000/60/EC of the European Parliament and of the Council, technical specifications for chemical analysis and monitoring of water status24;

(v)

Directive 2009/126/EC of the European Parliament and of the Council on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations25;

(w)

Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE)26;

(x)

Commission Directive (EU) 2015/996 establishing common noise assessment methods according to Directive 2002/49/EC of the European Parliament and of the Council27;

(y)

Directive (EU) 2016/2284 of the European Parliament and of the Council on the reduction of national emissions of certain atmospheric pollutants28;

(z)

Directive (EU) 2019/904 of the European Parliament and of the Council on the reduction of the impact of certain plastic products on the environment29.
Rebecca Pow
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
Hannah Blythyn
Deputy Minister for Housing and Local Government, under authority of the
Minister for Housing and Local Government, one of the Welsh Ministers
EXPLANATORY NOTE
(This note is not part of the Order)

This Order designates 26 European directives as relevant directives for the purposes of paragraph 20(1)(b) of Schedule 1 to the Pollution Prevention and Control Act 1999 (c.24). Designation allows regulations to be made under that Act which make provision corresponding or similar to any provision made, or capable of being made, under section 2(2) of the European Communities Act 1972 (c.68) in connection with that designated directive. The Directives being designated relate to waste, water quality, air quality, asbestos pollution, public participation in environmental plans and programmes, environmental liability (to prevent or remedy environmental damage), environmental noise and chemicals.

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