PART 2Amendment of primary legislation

I125

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 M1;

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 M2;

f

Council Directive 1999/31/EC on the landfill of waste M3 as last amended by Directive 2011/97/EU M4;

g

Directive 2000/53/EC of the European Parliament and of the Council on end-of life vehicles M5 as last amended by Directive (EU) 2017/2096 M6;

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 M7;

i

Directive 2001/81/EC of the European Parliament and of the Council on national emission ceilings for certain atmospheric pollutants M8;

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 M9;

k

Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries M10;

l

Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators M11, as last amended by Directive 2013/56/EU M12;

m

Directive 2006/118/EC of the European Parliament and of the Council (on the protection of groundwater against pollution and deterioration) M13;

n

Directive 2008/98/EC of the European Parliament and of the Council of waste M14, as last amended by Regulation (EU) 2017/997 M15;

o

Directive 2009/31/EC of the European Parliament and of the Council on the geological storage of carbon dioxide M16;

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 M17;

q

Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) M18;

r

Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE) M19, as it had effect immediately before 4th July 2018;

s

Directive 2012/27/EU of the European Parliament and of the Council on Energy efficiency M20;

t

Directive 2013/59/EURATOM laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation M21;

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 M22;

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”.