PART 2 Amendment of primary legislation

3 Amendment of the Genetically Modified Organisms (Northern Ireland) Order 1991
The Genetically Modified Organisms (Northern Ireland) Order 1991 is amended as follows.
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
S.I. 1991/1714 (N.I. 19)

4
In Article 13(2)—
(a) omit “the Community Treaties or”; and,
(b) after “agreement”, insert “ or retained EU law ”.
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

5 Amendment of the Industrial Pollution Control (Northern Ireland) Order 1997
The Industrial Pollution Control (Northern Ireland) Order 1997 is amended as follows.
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
S.I. 1997/2777 (N.I. 18)

6
In Article 7(2)(b), for “the Community Treaties” substitute “ retained EU obligations ”.
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

7
In Article 30—
(a) in the heading for “Community and other” substitute “ retained EU obligations and ”;
(b) in paragraph (1)(a), for “Community” substitute “ retained EU ”; and,
(c) in paragraph (2)(a), for “Community” substitute “ retained EU ”.
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

8 Amendment of the Waste and Contaminated Land (Northern Ireland) Order 1997
The Waste and Contaminated Land (Northern Ireland) Order 1997 is amended as follows.
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
S.I. 1997/2778 (N.I. 19), as relevantly amended by S.R. 2009 No. 178, 2011 c.5

9
In Article 33, for paragraph (2)(a) substitute—

“(a) which was first supplied in any part of the United Kingdom or any EU member State on or after 18th September 1981; or”

.
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

10
In Article 37—
(a) in paragraph (1), omit “or under any relevant instrument”;
(b) in paragraph (2)(b), omit “or any relevant instrument”; and,
(c) omit paragraph (5).
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

11
In Article 38(3)(b), for “under the law of any” substitute “ under the law of any part of the United Kingdom or any EU ”.
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

12
In Article 72(12), in the definition of “pollution control statutory provisions”, for “section 2(2) of the European Communities Act 1972” substitute “ retained EU obligations ” in each place.
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

13
In Article 77—
(a) in the heading for “Community” substitute “ retained EU obligations ”;
(b) in paragraph (1)(a), for “Community obligation” substitute “ retained EU obligation ”; and,
(c) in paragraph (2)(a), for “Community obligation” substitute “ retained EU obligation ”.
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

14
In Schedule 3—
(a) in Part 1 for paragraph 4(2) substitute—

“2 The network must be designed so as to enable the United Kingdom as a whole to move towards the aim of becoming self-sufficient in waste disposal as well as in the recovery of mixed municipal waste collected from private households taking into account geographical circumstances or the need for specialised installations for certain types of waste.
Words in reg. 14(a) substituted (31.12.2020 immediately before IP completion day) by The Waste and Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/1443), regs. 1(2), 5; 2020 c. 1, Sch. 5 para. 1(1)”

;
(b) in Part 2, in paragraph 6(d), for “waste oils, hazardous waste, or waste streams addressed by specific European Union legislation” substitute “ waste oils or hazardous waste ”; and,
(c) in Part 3, in paragraph 9(b), omit “, taking into account the need to maintain the smooth functioning of the internal market”.
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

15 Amendment of the Producer Responsibility Obligations (Northern Ireland) Order 1998
The Producer Responsibility Obligations (Northern Ireland) Order 1998 is amended as follows.
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
S.I. 1998/1762 (N.I. 16), to which there is an amendment not relevant to these regulations

16
In Article 3(3)(a), for “obligations of the United Kingdom under the Community Treaties” substitute “ retained EU obligations ”.
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

17
In Article 4(2)(a)(i), for “obligations of the United Kingdom under the Community Treaties” substitute “ retained EU obligations ”.
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

18 Amendment to the Environment (Northern Ireland) Order 2002
The Environment (Northern Ireland) Order 2002 is amended as follows.
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
S.I 2002/3153, as relevantly amended by S.R. 2010 No. 92, S.R. 2011 No. 127, S.I. 2011/2911, S.I. 2012/2788, S.I 2017/1200

19
Omit Article 9.
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

20
In Article 10(3)(a), for “the Community Treaties” substitute “ retained EU obligations ”.
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

21
In Article 14(5)(a), for “any obligations of the United Kingdom under the Community Treaties” substitute “ retained EU obligations ”.
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

22
In Article 15(1)(b)(i) for “obligations of the United Kingdom under the Community Treaties;” substitute “ retained EU obligations; ”.
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

23
In Article 22—
(a) in the heading for “Community” substitute “ retained EU obligations ”;
(b) in paragraph (1)(a), for “any obligations of the United Kingdom under the Community treaties” substitute “ retained EU obligations ”.
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

24
In Article 26(5), for “obligations of the United Kingdom under the Community Treaties” substitute “ retained EU obligations ”.
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

25
In Schedule 1––
(a) for paragraph 3(b) substitute—

“(b) directions given for the purposes of the implementation of—
(i) any retained EU obligations;
(ii) any obligations of the United Kingdom under any international agreement to which the United Kingdom is a party;”

;
(b) in paragraph 9B(1), for “the EU ETS Directive” substitute “ retained EU obligations ”;
(c) in paragraph 9C, for “Regulation EU 2017/852 of the Council on mercury, and repealing Regulation (EC) No 1102/2008” substitute “ retained EU obligations ”;
(d) in paragraph 20—
(i) in sub-paragraph (1)(b) substitute—

“(b) any provision (not being a provision within any of paragraphs 1 to 19) that might be made by an Act of Parliament in connection with the relevant directives, other than provision—
(i) imposing or increasing taxation;
(ii) taking effect from a date earlier than that of the making of the regulations containing the provision;
(iii) conferring any power to legislate by means of orders, rules, regulations or other subordinate instrument, other than rules of procedure for any court or tribunal;
(iv) creating any new criminal offence punishable with imprisonment for more than two years or punishable on summary conviction with imprisonment for more than three months or with a fine.”

;
(ii) in sub-paragraph (2)—
(aa) omit paragraph (c);
(bb) for paragraph (d) substitute—

“(d) Council Directive 87/217/EEC on the prevention and reduction of environmental pollution by asbestos ;
OJ No L 85, 28.3.1987, p. 40, as last amended by Decision (EU) 2018/853 (OJ No L 150, 14.6.2018, p. 155)”

;
(cc) after paragraph (d) add—

“(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 stations ;
OJ No L 365, 31.12.1994, p. 24, as last amended by Decision (EU) 2018/853 (OJ No L 150, 14.6.2018, p. 155)
(f) Council Directive 1999/31/EC on the landfill of waste as last amended by Directive 2011/97/EU ;
OJ No L 182, 16.7.1999, p. 1
OJ No L 328, 10.12.2011, p. 49
(g) Directive 2000/53/EC of the European Parliament and of the Council on end-of life vehicles as last amended by Directive (EU) 2017/2096 ;
OJ No L 269, 21.10.2000, p. 34
OJ No L 299, 16.11.2017, p. 24
(h) Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy ;
OJ No L 327, 22.12.2000, p. 1, as last amended by Directive 2014/101/EU (OJ No L 311, 31.10.2014, p. 32)
(i) Directive 2001/81/EC of the European Parliament and of the Council on national emission ceilings for certain atmospheric pollutants ;
OJ No L 309, 27.11.2001, p. 22, as last amended by Directive (EU) 2016/2284 (OJ No L 344, 17.12.2016, p. 1)
(j) Directive 2003/35/EC of the European Parliament and of the Council on environmental liability with regard to the prevention and remedying of environmental damage ;
OJ No L 156, 25.6.2003, p. 17, as last amended by Directive (EU) 2016/2284 (OJ No L 344, 17.12.2016, p. 1)
(k) Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries ;
OJ No L 102, 11.4.2006, p. 15, as last amended by Regulation (EC) No 596/2009 (OJ No L 188, 18.7.2009, p. 14)
(l) Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators , as last amended by Directive 2013/56/EU ;
OJ No L 266, 26.9.2006, p. 1
OJ No L 329, 10.12.2013, p. 5
(m) Directive 2006/118/EC of the European Parliament and of the Council (on the protection of groundwater against pollution and deterioration) ;
OJ No L 372, 27.12.2006, p. 19, as last amended by Directive 2014/80/EU (OJ No L 182, 21.6.2014, p. 52)
(n) Directive 2008/98/EC of the European Parliament and of the Council of waste , as last amended by Regulation (EU) 2017/997 ;
OJ No L 312, 22.11.2008, p. 3
OJ No L 150, 14.6.2017, p. 1
(o) Directive 2009/31/EC of the European Parliament and of the Council on the geological storage of carbon dioxide ;
OJ No L 140, 5.6.2009, p. 114, as last amended by Decision (EU) 2018/853 (OJ No L 150, 14.6.2018, p. 155)
(p) 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 stations ;
OJ No L 285, 31.10.2009, p. 36
(q) Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) ;
OJ No L 334, 17.12.2010, p. 17, as corrected by Corrigendum to Council Directive 2010/75/EU (OJ No L 158, 19.6.2012, p. 25)
(r) Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE) , as it had effect immediately before 4th July 2018;
OJ No L 197, 24.7.2012, p. 38
(s) Directive 2012/27/EU of the European Parliament and of the Council on Energy efficiency ;
OJ No L 315, 14.11.2012, p. 1, as last amended by Directive (EU) 2018/844 (OJ No L 156, 19.6.2018, p. 75)
(t) Directive 2013/59/EURATOM laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation ;
OJ No L 13, 17.1.2014, p. 1, as corrected by Corrigendum to Council Directive 2013/59/Euratom (OJ No L 72, 17.3.2016, p. 69)
(u) Directive 2015/2193/EU of the European Parliament and of the Council on the limitation of emissions of certain pollutants into the air from medium combustion plants ;
OJ No L 313, 28.11.2015, p. 1
(v) any other directive of the Council of the European Community designated by order for the purposes of this paragraph as in force on exit day.”

;
(iii) after sub-paragraph (2), insert—

“2A In sub-paragraph (1)(b)(iii), “power to legislate” does not include any power to—
(a) amend or extend a power to legislate conferred other than under this paragraph;
(b) give directions as to matters of administration.”

.
(e) In paragraph 26 omit the definition of “the EU ETS Directive”.
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

26 Amendment of the Environmental Better Regulation Act (Northern Ireland) 2016
The Environmental Better Regulation Act (Northern Ireland) 2016 is amended as follows.
Reg. 26 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
2016 c.13 (N.I.)

27
In section 1(1)(b), for “EU obligations of the United Kingdom” substitute “ retained EU obligations ”.
Reg. 27 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

28
In Schedule 1 paragraph 3(4)(b), for “any obligations of the United Kingdom under the EU Treaties” substitute “ retained EU obligations ”.
Reg. 28 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1