The Environmental Damage (Prevention and Remediation) (Amendment) (Wales) Regulations 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009(1) (“the 2009 Regulations”) which implement Directive 2004/35/EC of the European Parliament and of the Council on environmental liability with regard to the prevention and remedying of environmental damage(2) (“the Environmental Liability Directive”).

Regulation 2 amends the 2009 Regulations to implement the changes to the Environmental Liability Directive introduced by Article 38 of Directive 2013/30/EU of the European Parliament and of the Council on safety of offshore oil and gas operations and amending Directive 2004/35/EC(3). Article 38 of Directive 2013/30/EU extends the definition of ‘environmental damage’ contained in the Environmental Liability Directive to include damage that significantly adversely affects the environmental status of marine waters as defined in Directive 2008/56/EC of the European Parliament and of the Council establishing a framework for community action in the field of marine environmental policy(4). Regulation 8 of the 2009 Regulations is amended to provide temporal limitations in relation to damage to marine waters. Regulations 10 and 11 are amended in order to specify the enforcing authorities for damage to marine waters.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory assessment has been prepared as to the likely costs and benefits of complying with these Regulations in Wales. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ.

(1)

S.I. 2009/995 (W. 81); relevant amending instruments are S.I. 2011/556 and 971, 2012/630, 2013/775 (W. 90).

(2)

OJ No L 143, 30.4.2004, p. 56, as last amended by Directive 2013/30/EU (OJ No. L 178, 28.6.2013, p. 66).

(3)

OJ No L 178, 28.6.2013, p. 66.

(4)

OJ No L 164, 25.6.2008, p. 19.