PART 2Ozone-depleting substances
SECTION 1Amendment of subordinate legislation
The Ozone-Depleting Substances Regulations 2015I12
In the Ozone-Depleting Substances Regulations 2015 M1 omit regulation 3.
SECTION 2Amendment and saving of retained direct EU legislation
Regulation (EC) No 1005/2009I23
Regulation (EC) No 1005/2009 of the European Parliament and of the Council on substances that deplete the ozone layer is amended in accordance with regulations 4 to 30.
Article 3 (definitions)I34
1
Article 3 is amended as follows.
F12
After paragraph 3 insert—
3A
‘part of Great Britain’ means, as the case may be, England, Scotland or Wales;
3B
‘Scotland’ is to be construed in accordance with section 126(1) and (2) of the Scotland Act 1998;
3C
‘Wales’ is to be construed in accordance with section 158(1), (3) and (4) of the Government of Wales Act 2006;
3D
‘appropriate authority’ means—
a
in relation to England, the Secretary of State;
b
in relation to Scotland, the Scottish Ministers;
c
in relation to Wales, the Welsh Ministers;
3E
‘appropriate regulator’—
a
in relation to England, means the Environment Agency;
b
in relation to Scotland, is to be read in accordance with Article 3A;
c
in relation to Wales, is to be read in accordance with Article 3B;
3
In paragraph 13, for “the Community” substitute “any part of F2Great Britain”
.
4
In paragraph 14 omit “and the Community”.
5
In paragraph 17, for “a Member State” substitute “any part of F3Great Britain”
.
F46
In paragraph 18, for the words from “the customs territory of the Community” to the end substitute “Great Britain”.
7
In paragraph 19, for the words from “the customs territory of the Community” to the end substitute “Great Britain of substances, products and equipment covered by this Regulation;”.
8
In paragraph 20—
a
for “the Community” in the first and third place it occurs substitute “any part of F5Great Britain”
;
b
omit the words from “, and includes the release” to “Regulation (EC) No 450/2008”.
9
After paragraph 25, insert—
25A
‘third country’ means a country other than the United Kingdom F6and for the purpose of Article 14 of this Regulation includes Northern Ireland;
Insertion of new Articles 3A and 3BI45
After Article 3, insert—
Article 3AAppropriate regulator: Scotland
1
The appropriate regulator in relation to Scotland is, subject to paragraph (2), the Scottish Environment Protection Agency.
2
The Scottish Ministers may direct that a person or body other than the Scottish Environment Protection Agency is the appropriate regulator in relation to cases of a particular description or in a particular case.
3
Before making a direction under paragraph (2), the Scottish Ministers must consult the Secretary of State.
Article 3BAppropriate regulator: Wales
1
The appropriate regulator in relation to Wales is, subject to paragraph (2), Natural Resources Body for Wales.
2
The Welsh Ministers may direct that a person or body other than Natural Resources Body for Wales is the appropriate regulator in relation to cases of a particular description or in a particular case.
3
Before making a direction under paragraph (2), the Welsh Ministers must consult the Secretary of State
Article 7 (production, placing on the market and use of controlled substances as feedstock)I56
1
Article 7 is amended as follows.
2
In paragraph 2, in the second subparagraph—
a
in the first sentence, for “Commission may” substitute “
appropriate authority may, by regulations,
”
;
b
omit the second sentence.
Article 8 (production, placing on the market and use of controlled substances as process agents)I67
1
Article 8 is amended as follows.
2
In paragraph 3, in the second subparagraph—
a
in the first sentence, for “Commission may” substitute “appropriate authority may, by regulations,”
;
b
omit the second sentence.
3
In paragraph 4, in the first subparagraph—
a
for “Commission” substitute “appropriate authority”
;
b
omit “in accordance with the management procedure referred to in Article 25(2),”.
4
In paragraph 4, in the second subparagraph—
a
omit “maximum”;
b
c
in the third subparagraph—
i
omit “maximum”;
5
In paragraph 5, in the first subparagraph—
a
in the words before point (a), for “Commission shall” substitute “Secretary of State shall, by regulations”
;
b
omit the second subparagraph.
Article 9 (placing on the market of controlled substances for destruction or reclamation and of products and equipment containing or relying on controlled substances for destruction)I78
In Article 9, for “the Community”, in each place it occurs, substitute “any part of F11Great Britain”
.
Article 10 (essential laboratory and analytical uses of controlled substances other than hydrochlorofluorocarbons)I89
1
Article 10 is amended as follows.
2
In paragraph 2—
a
for “Commission” substitute “appropriate authority”
;
b
omit “in accordance with the management procedure referred to in Article 25(2),”;
c
for “the Community” substitute “any part of F12Great Britain”
.
3
In paragraph 3—
a
in the second subparagraph—
i
in the first sentence, for “Commission may” substitute “appropriate authority may, by regulations,”
;
ii
omit the second sentence;
b
in the third subparagraph—
i
in the second sentence, for “Commission may” substitute “appropriate authority may, by regulations,”
;
ii
omit the third sentence.
4
In paragraph 4, for “Commission” substitute “appropriate regulator”
.
5
In paragraph 5, for “Commission”, in each place it occurs, substitute “appropriate regulator”
.
6
In paragraph 6—
a
in the first subparagraph, for “Commission” substitute “appropriate regulator”
;
b
in the second subparagraph, for “110 ODP tonnes” substitute “F1313.2 ODP tonnes”
;
c
in the third subparagraph—
i
in the first sentence, for “Commission” substitute “appropriate authority”
;
ii
after “importers” insert “and publish the determination”
;
iii
omit the second sentence.
7
In paragraph 7—
a
in the first subparagraph, for the words from “competent authority” to “situated” substitute “appropriate authority”
;
b
omit the second subparagraph.
8
In paragraph 8—
a
in the first subparagraph, for the words from “competent authority” to “situated” substitute “appropriate authority”
;
b
omit the second subparagraph.
Article 11 (production, placing on the market and use of hydrochlorofluorocarbons and placing on the market of products and equipment containing or relying on hydrochlorofluorocarbons)I910
1
Article 11 is amended as follows.
2
In paragraph 5, for “Commission” substitute “
appropriate regulator
”
.
3
In paragraph 8, in the first subparagraph—
a
for “Commission” substitute “
appropriate authority
”
;
b
omit the words from “, following a request” to “Article 25(2),”.
Article 12 (quarantine and pre-shipment applications and emergency uses of methyl bromide)I1011
1
Article 12 is amended as follows.
2
Omit paragraphs 1 and 2.
3
In paragraph 3—
a
from the words “Commission” to “Member State,” substitute “appropriate authority may”;
b
for “Directive 91/414/EEC and Directive 98/8/EC” substitute “
Regulation (EC) 1107/2009 and Regulation (EU) 528/2012
”
.
Article 13 (critical uses of halons and decommissioning or equipment containing halons)I1112
1
Article 13 is amended as follows.
2
In paragraph 1, for “competent authority of the Member State concerned” substitute “
appropriate regulator
”
.
3
In paragraph 2—
a
in the first subparagraph, for the words from “Commission” to “modifications and” substitute “
appropriate authority shall review Annex 6 and, if appropriate, make regulations to amend Annex 6 and set
”
;
b
omit the second subparagraph.
4
In paragraph 4, for the words from “Commission may” to “Article 25(2),” substitute “
appropriate authority may, by regulations
”
.
Article 14 (transfer of rights and industrial rationalisation)I1213
1
Article 14 is amended as follows.
2
In paragraph 1—
a
for “the Community” substitute “any part of F14Great Britain”
;
b
for “Commission” substitute “appropriate regulator”
.
3
In paragraph 2—
a
in the first sentence—
i
for the words from “competent authority” to “situated” substitute “appropriate authority”
;
F15ii
for “the Member State concerned” substitute “Great Britain”;
iii
omit “of that Member State”;
iv
omit “its”;
b
omit the final sentence.
4
Omit paragraph 3.
5
In paragraph 4—
a
for “Commission may” substitute “Secretary of State may, by regulations,”
;
b
omit the words from “both” to “situated and”;
F16c
for “Community” substitute “Great Britain”.
Article 15 (imports of controlled substances or of products and equipment containing or relying on controlled substances)I1314
1
Article 15 is amended as follows.
2
In paragraph 2(g), for “competent authority of the Member State concerned” substitute “appropriate regulator”
.
3
In paragraph 3—
F17a
for “the customs territory of the Community”, in each place it occurs, substitute “Great Britain”;
b
for “as referred to in Regulation (EC) No 450/2008” substitute “under the Taxation (Cross-border Trade) Act 2018 M2”
;
c
for “the Community” substitute “any part of F18Great Britain”
;
d
for “Commission” substitute “Environment Agency”
.
Article 16 (release for free circulation in the Community of imported controlled substances)I1415
1
Article 16 is amended as follows.
2
In the heading, for “the Community” substitute “any part of F19Great Britain”
.
3
In paragraph 1, in the first subparagraph—
a
for “the Community” substitute “any part of F20Great Britain”
;
b
for “Commission” substitute “appropriate regulator”
;
c
d
omit the words from “in accordance” to the end of the sentence.
4
In paragraph 2, for “Commission”, in each place it occurs, substitute “appropriate regulator”
.
Article 17 (export of controlled substances or of products and equipment containing or relying on controlled substances)I1516
1
Article 17 is amended as follows.
2
In paragraph 2(e), for “competent authority of a Member State” substitute “appropriate regulator”
.
3
In paragraph 3—
a
for the words from “Commission may” to “Article 25(2)” substitute “Secretary of State may,”
;
b
for “Commission” substitute “Secretary of State”
.
4
In paragraph 4—
a
for “re-exports” substitute “non-domestic goods”
;
F23b
for “the customs territory of the Community” substitute “Great Britain”;
c
for “as referred to in Regulation (EC) No 450/2008” substitute “in accordance with the applicable provisions of the Taxation (Cross-border Trade) Act 2018”
;
d
for “re-export” substitute “export”
;
e
for “Commission” substitute “Environment Agency”
.
Article 18 (licensing of imports and exports)I1617
1
Article 18 is amended as follows.
2
In paragraph 1, for “Commission” substitute “
Environment Agency
”
.
3
In paragraph 3(i), for “competent authority of a Member State” substitute “
Environment Agency
”
.
4
In paragraphs 4 to 6, for “Commission”, in each place it occurs, substitute “
Environment Agency
”
.
5
Omit paragraph 7.
6
In paragraph 8—
a
for “Commission” substitute “
Environment Agency
”
;
b
omit “and the Member State concerned”.
7
In paragraph 9—
a
in the first sentence, for “Commission may” substitute “
Secretary of State may, by regulations,
”
;
b
omit the second sentence.
Article 19 (measures for monitoring of illegal trade)I1718
In Article 19—
a
in the first paragraph—
i
for “Commission may adopt” substitute “appropriate authority may, by regulations, provide”
;
F24ii
for “the customs territory of the Community” substitute “Great Britain”;
b
omit the second paragraph.
Article 20 (trade with a State not party to the Protocol and a territory not covered by the Protocol)I1819
1
Article 20 is amended as follows.
2
In paragraph 2, in the first sentence—
a
for “Commission may adopt rules applicable” substitute “appropriate authority may make regulations in relation”
;
b
for “the Community” substitute “any part of F25Great Britain”
;
c
omit the third sentence.
3
In paragraph 3—
a
in the first sentence, for “Commission” substitute “Secretary of State”
;
b
omit the second sentence.
4
In paragraph 4—
a
in the second subparagraph, for “Commission” substitute “Secretary of State”
;
b
omit the third subparagraph.
Article 21 (list of products and equipment containing or relying on controlled substances)I1920
Omit Article 21.
Article 22 (recovery and destruction of used controlled substances)I2021
1
Article 22 is amended as follows.
2
In paragraph 2, omit “Community and national”.
3
In paragraph 3—
a
in the first subparagraph, for “Commission may” substitute “
appropriate authority may, by regulations,
”
;
b
omit the second subparagraph.
4
In paragraph 4—
a
in the second subparagraph—
i
in the first sentence, for “Commission shall” substitute “
appropriate authority shall, by regulations,
”
;
ii
in the second sentence, for “Any draft measure to establish such an Annex shall” substitute “
Such regulations shall
”
;
iii
in the second sentence, omit the words from “taking into account the individual circumstances of Member States”;
b
omit the third subparagraph.
5
In paragraph 5—
a
in the first paragraph, for “Member States” substitute “
The appropriate authority
”
;
b
in the second subparagraph—
i
for “Commission shall evaluate the measures taken by the Member States” substitute “
appropriate authority shall evaluate such measures
”
;
ii
for “adopt measures” substitute “
make regulations
”
;
c
omit the third subparagraph.
Article 23 (leakages and emissions of controlled substances)I2122
1
Article 23 is amended as follows.
2
In paragraph 3, for “competent authority of a Member State and to the Commission” substitute “
appropriate regulator
”
.
3
In paragraph 4, in the first subparagraph—
a
in the first sentence, for “Member States” substitute “
The appropriate authority
”
;
b
in the second sentence—
i
omit “taken by the Member States”;
ii
for “Commission may adopt measures” substitute “
appropriate authority may make regulations
”
;
iii
omit the second subparagraph.
4
In paragraph 7—
a
in the first subparagraph, for “Commission may” substitute “
appropriate authority may, by regulations,
”
;
b
omit the second subparagraph.
Article 24 (new substances)I2223
1
Article 24 is amended as follows.
2
In paragraph 1—
F26a
for “the customs territory of the Community” substitute “Great Britain, to exports subsequent to imports already exempted”;
b
for the words from “as referred to in Regulation (EC) No 450/2008” to the end of the sentence substitute “in accordance with the applicable provisions of the Taxation (Cross-border Trade) Act 2018, unless such imports have been declared to a customs procedure, including outward processing, or exported under the provisions of the Taxation (Cross-border Trade) Act 2018, destroyed or abandoned to the exchequer.”
.
3
In paragraph 2—
a
in the first subparagraph, for “Commission shall” substitute “appropriate authority shall, by regulations”
;
b
omit the second subparagraph.
4
In paragraph 3—
a
in the first sentence, for “Commission shall” substitute “appropriate authority shall, by regulations”
;
b
omit the second sentence.
Amendment of heading for Chapter 7I2324
For the heading substitute “
Functions, Regulations, Reporting and Inspection
”
.
Article 25 (committee)I2425
For Article 25 substitute—
Article 25Functions
1
A function conferred by or under this Regulation—
a
on the Scottish Ministers is exercisable only so far as it is exercisable within devolved competence in or as regards Scotland; F27and
b
on the Welsh Ministers is exercisable only so far as it is exercisable within devolved competence in or as regards WalesF28.
F30c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
A function conferred under this Regulation—
a
on a person or body by virtue of a direction of the Scottish Ministers is exercisable only in or as regards Scotland; F27and
b
on a person or body by virtue of a direction of the Welsh Ministers is exercisable only in or as regards WalesF28.
F30c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In this Article and Articles 25A to 25C, “within devolved competence”—
a
in or as regards Scotland, is to be construed in accordance with section 54 of the Scotland Act 1998;
b
in or as regards Wales, is to be construed in accordance with section 108A of the Government of Wales Act 2006F29.
F30c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 25AExercise of functions: Scotland
1
Any function by or under this Regulation, including to make provision by regulations, in or as regards Scotland may, so far as it is exercisable within devolved competence, be exercised by the Secretary of State only with the consent of the Scottish Ministers.
2
Consent given by the Scottish Ministers under paragraph 1 for the prospective exercise of a function, may be withdrawn at any time.
3
The Scottish Ministers may give directions (general or specific) and guidance to the appropriate regulator in or as regards Scotland, as to the exercise of the appropriate regulator's functions under this Regulation so far as they are exercisable within devolved competence.
4
The appropriate regulator in or as regards Scotland must comply with any such directions given to it, and have regard to any such guidance.
Article 25BExercise of functions: Wales
1
Any function by or under this Regulation, including to make provision by regulations, in or as regards Wales may, so far as it is exercisable within devolved competence, be exercised by the Secretary of State only with the consent of the Welsh Ministers.
2
Consent given by the Welsh Ministers under paragraph 1 for the prospective exercise of a function, may be withdrawn at any time.
3
The Welsh Ministers may give directions (general or specific) and guidance to the appropriate regulator in or as regards Wales, as to the exercise of the appropriate regulator's functions under this Regulation so far as they are exercisable within devolved competence.
4
The appropriate regulator in or as regards Wales must comply with any such directions given to it, and have regard to any such guidance.
Article 25CExercise of functions: Northern Ireland
F311
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F312
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F313
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F314
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 25DRegulations
1
Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.
2
For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 M3.
F323
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.
5
A statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
6
Regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).
F327
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
Such regulations may—
a
contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments);
b
make different provision for different purposes.
9
Before making any regulations under this Regulation, an appropriate authority shall consult—
a
such bodies or persons as appear to the appropriate authority to be representative of the interests likely to be substantially affected by the regulations;
b
such other bodies or persons as the appropriate authority may consider appropriate.
Article 26 (reporting by the Member States)I2526
1
Article 26 is amended as follows.
2
In the heading omit “by the Member States”.
3
In paragraph 1—
F33a
for “Each year by 30 June Member States” substitute “By 30 June 2022, and by 30 June of each year thereafter, the appropriate authority”;
b
omit “in an electronic format to the Commission”.
4
For paragraph 2 substitute—
2
The appropriate authority shall publish a report under paragraph 1 in a manner which the appropriate authority considers appropriate.
5
In paragraph 3—
a
in the first subparagraph, for “Commission may” substitute “
Secretary of State may, by regulations,
”
;
b
omit the second subparagraph.
Article 27 (reporting by undertakings)I2627
1
Article 27 is amended as follows.
F342
In paragraph 1, for the words from “Each year” to “concerned,” substitute “By 31 March 2022, and by 31 March each year thereafter, each undertaking must communicate to the appropriate regulator”.
3
In paragraphs 2(b), (c) and (h), for “the Community” substitute “any part of F35Great Britain”
.
4
In paragraphs 3(a) and (e), for “the Community” substitute “any part of F36Great Britain”
.
5
In paragraph 4(c), for “the Community” substitute “any part of F37Great Britain”
.
6
In paragraph 7—
F38a
for the words from “Each year” to “concerned,” substitute “By 31 March 2022, and by 31 March each year thereafter, each producer or importer which holds a licence under Article 10(6) must, for each substance for which an authorisation has been received, report to the appropriate regulator”;
b
for “the Community” substitute “any part of F39Great Britain”
.
7
In paragraph 8, for “Commission” substitute “appropriate regulator”
.
8
For paragraph 9 substitute—
9
The Secretary of State may determine the format of the reports referred to in paragraphs 1 to 7 and publish the determination.
9
In paragraph 10—
a
in the first subparagraph, for “Commission may” substitute “appropriate authority may, by regulations,”
;
b
omit the second subparagraph.
Article 28 (inspection)I2728
1
Article 28 is amended as follows.
2
In paragraph 1—
a
in the first sentence—
i
omit “Member States shall conduct” and begin the sentence with “Inspections”;
ii
between the words “Regulation,” and “following” insert “
shall be undertaken in accordance with the Ozone Depleting Substances Regulations 2015
”
;
b
omit the second sentence.
3
Omit paragraphs 2 and 3.
4
In paragraph 4—
a
omit the first subparagraph;
b
in the second subparagraph, for “Commission” substitute “
appropriate regulator
”
.
5
Omit paragraph 5.
Article 29 (penalties)I2829
Omit Article 29.
Words after Article 31 (entry into force)I2930
After Article 31, omit the words from “This Regulation” to “Member States”..
Commission Decision 2010/372/EUI3031
Commission Decision 2010/372/EU on the use of controlled substances as process agents under Article 8(4) of Regulation (EC) No 1005/2009 of the European Parliament and of the Council is revoked.
Commission Regulation (EU) No 291/2011I3132
1
Notwithstanding the amendment of Article 10(2) of Regulation 1005/2009, Commission Regulation (EU) No 291/2011 on essential uses of controlled substances other than hydrochlorofluorocarbons for laboratory and analytical purposes in the Union under Regulation (EC) No 1005/2009 of the European Parliament and of the Council on substances that deplete the ozone layer continues to apply.
2
In Commission Regulation 291/2011, after Article 2 omit the words “This Regulation shall be binding in its entirety and directly applicable in all Member States”.
Commission Regulation (EU) No 537/2011I3233
In Commission Regulation (EU) No 537/2011 on the mechanism for the allocation of quantities of controlled substances allowed for laboratory and analytical uses in the Union under Regulation (EC) No 1005/2009 of the European Parliament and of the Council on substances that deplete the ozone layer—
a
after Article 2 omit the words “This Regulation shall be binding in its entirety and directly applicable in all Member States”;
b
in the second subparagraph of paragraph 1 of the Annex, for “110” substitute “
13.6
”
.
The EEA agreementI3334
In Annex 20 to the EEA agreement, omit point 21aa.