The Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019

Amendment to the Environment (Northern Ireland) Order 2002

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(1);”;

(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(2);

(f) Council Directive 1999/31/EC on the landfill of waste(3) as last amended by Directive 2011/97/EU(4);

(g) Directive 2000/53/EC of the European Parliament and of the Council on end-of life vehicles(5) as last amended by Directive (EU) 2017/2096(6);

(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(7);

(i) Directive 2001/81/EC of the European Parliament and of the Council on national emission ceilings for certain atmospheric pollutants(8);

(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(9);

(k) Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries(10);

(l) Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators(11), as last amended by Directive 2013/56/EU(12);

(m) Directive 2006/118/EC of the European Parliament and of the Council (on the protection of groundwater against pollution and deterioration)(13);

(n) Directive 2008/98/EC of the European Parliament and of the Council of waste(14), as last amended by Regulation (EU) 2017/997(15);

(o) Directive 2009/31/EC of the European Parliament and of the Council on the geological storage of carbon dioxide(16);

(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(17);

(q) Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control)(18);

(r) Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE)(19), 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(20);

(t) Directive 2013/59/EURATOM laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation(21);

(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(22);

(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”.

(1)

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)

(2)

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)

(3)

OJ No L 182, 16.7.1999, p. 1

(4)

OJ No L 328, 10.12.2011, p. 49

(5)

OJ No L 269, 21.10.2000, p. 34

(6)

OJ No L 299, 16.11.2017, p. 24

(7)

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)

(8)

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)

(9)

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)

(10)

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)

(11)

OJ No L 266, 26.9.2006, p. 1

(12)

OJ No L 329, 10.12.2013, p. 5

(13)

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)

(14)

OJ No L 312, 22.11.2008, p. 3

(15)

OJ No L 150, 14.6.2017, p. 1

(16)

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)

(17)

OJ No L 285, 31.10.2009, p. 36

(18)

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)

(19)

OJ No L 197, 24.7.2012, p. 38

(20)

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)

(21)

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)

(22)

OJ No L 313, 28.11.2015, p. 1