PART 2 N.I.Amendment of primary legislation

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 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”.

Commencement Information

I1 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

Marginal Citations

M1 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)

M2 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)

M3 OJ No L 182, 16.7.1999, p. 1

M4 OJ No L 328, 10.12.2011, p. 49

M5 OJ No L 269, 21.10.2000, p. 34

M6 OJ No L 299, 16.11.2017, p. 24

M7 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)

M8 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)

M9 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)

M10 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)

M11 OJ No L 266, 26.9.2006, p. 1

M12 OJ No L 329, 10.12.2013, p. 5

M13 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)

M14 OJ No L 312, 22.11.2008, p. 3

M15 OJ No L 150, 14.6.2017, p. 1

M16 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)

M17 OJ No L 285, 31.10.2009, p. 36

M18 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)

M19 OJ No L 197, 24.7.2012, p. 38

M20 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)

M21 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)

M22 OJ No L 313, 28.11.2015, p. 1