20(1)Making provision which, subject to any modifications that the Secretary of State considers appropriate, corresponds or is similar to—E+W+S
(a)any provision made by or under, or capable of being made under, Part I or II of the M1Environmental Protection Act 1990 or made by any of sections 157, 158 and 160 of that Act; or
[F1(b)any provision (not being provision within any of paragraphs 1 to 19 or paragraph (a) above) 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 instrument 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.]
(2)In sub-paragraph (1) “the relevant directives” means—
F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F4(d)Council Directive 87/217/EEC on the prevention and reduction of environmental pollution by asbestos;
(e)Council Directive 91/271/EEC concerning urban waste water treatment;
(f)Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources;
(g)European Parliament and Council Directive 94/62/EC on packaging and packaging waste;
(h)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;
(i)Council Directive 96/59/EC on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT);
(j)Council Directive 1999/31/EC on the landfill of waste;
(k)Directive 2000/14/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors;
(l)Directive 2000/53/EC of the European Parliament and of the Council on end-of life vehicles;
(m)Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy;
(n)Directive 2002/49/EC of the European Parliament and of the Council relating to the assessment and management of environmental noise;
(o)Directive 2003/35/EC of the European Parliament and of the Council providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment;
(p)Directive 2004/35/CE of the European Parliament and of the Council on environmental liability with regard to the prevention and remedying of environmental damage;
(q)Directive 2005/64/EC of the European Parliament and of the Council on the type-approval of motor vehicles with regard to their reusability, recyclability and recoverability;
(r)Directive 2006/7/EC of the European Parliament and of the Council concerning the management of bathing water quality;
(s)Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries;
(t)Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators;
(u)Directive 2006/118/EC of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration;
(v)Directive 2008/50/EC of the European Parliament and of the Council on ambient air quality and cleaner air for Europe;
(w)Directive 2008/98/EC of the European Parliament and of the Council on waste;
(x)Directive 2008/105/EC of the European Parliament and of the Council on environmental quality standards in the field of water policy;
(y)Directive 2009/31/EC of the European Parliament and of the Council on the geological storage of carbon dioxide;
(z)Commission Directive 2009/90/EC laying down, pursuant to Directive 2000/60/EC of the European Parliament and of the Council, technical specifications for chemical analysis and monitoring of water status;
(aa)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;
(bb)Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) (Recast);
(cc)Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE) (recast);
(dd)Directive 2012/27/EU of the European Parliament and of the Council on energy efficiency;
(ee)Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation;
(ff)Commission Directive (EU) 2015/996 establishing common noise assessment methods according to Directive 2002/49/EC of the European Parliament and of the Council;
(gg)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;
(hh)Directive (EU) 2016/2284 of the European Parliament and of the Council on the reduction of national emissions of certain atmospheric pollutants; and
(ii)Directive (EU) 2019/904 of the European Parliament and of the Council on the reduction of the impact of certain plastic products on the environment].
[F5(2A)In sub-paragraph (1)(b)(iii), the reference to provision conferring any power to legislate does not include provision—
(a)amending or extending a power to legislate conferred other than under this paragraph;
(b)giving directions as to matters of administration.]
(3)Making provision about the application of the regulations to the Crown.
Textual Amendments
F1Sch. 1 para. 20(1)(b) substituted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 4(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Sch. 1 para. 20(2)(a)(b) omitted (17.9.2018) by virtue of The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) Regulations 2018 (S.I. 2018/942), regs. 1(2), 4(3)(a)
F3Sch. 1 para. 20(2)(c) omitted (31.12.2020) by virtue of The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 4(3)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F4Sch. 1 para. 20(2)(d)-(ii) inserted by S.I. 2019/458, reg. 4(3)(b)(iii) (as inserted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) (Amendment) (England and Wales) Regulations 2020 (S.I. 2020/603), regs. 1, 2(3)(b))
F5Sch. 1 para. 20(2A) inserted (31.12.2020) by The Environment (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/458), regs. 1(1), 4(3)(c); 2020 c. 1, Sch. 5 para. 1(1)
Modifications etc. (not altering text)
C1Sch. 1 para. 20(2)(c): transfer of functions (10.7.2008) by Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2008 (S.I. 2008/1776), arts. 1(1), 2, Sch.
Marginal Citations