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The Environment (Amendment etc.) (EU Exit) Regulations 2019

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The Pollution Prevention and Control Act 1999

This section has no associated Explanatory Memorandum

4.—(1) Schedule 1 to the Pollution Prevention and Control Act 1999(1) is amended as follows.

(2) For paragraph 3(b) substitute—

(b)directions given for the purposes of the implementation of—

(i)any retained EU obligations, or

(ii)any obligations under an international agreement to which the United Kingdom is a party;.

(3) In paragraph 20—

(a)for sub-paragraph (1)(b) substitute—

(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..

(b)in sub-paragraph (2)—

(i)omit paragraph (c);

(ii)after paragraph (c) insert—

(d)Council Directive 87/217/EEC on the prevention and reduction of environmental pollution by asbestos(2);

(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(3);

(f)Council Directive 1999/31/EC on the landfill of waste(4), as last amended by Directive 2011/97/EU(5);

(g)Directive 2000/53/EC of the European Parliament and of the Council on end-of life vehicles(6), as last amended by Directive (EU) 2017/2096(7);

(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(8);

(i)Directive 2001/81/EC of the European Parliament and of the Council on national emission ceilings for certain atmospheric pollutants(9);

(j)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(10);

(k)Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries(11);

(l)Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators(12), as last amended by Directive 2013/56/EU(13);

(m)Directive 2006/118/EC of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration(14);

(n)Directive 2008/98/EC of the European Parliament and of the Council on waste(15), as last amended by Regulation (EU) 2017/997(16);

(o)Directive 2009/31/EC of the European Parliament and of the Council on the geological storage of carbon dioxide(17);

(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(18);

(q)Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control)(19);

(r)Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE)(20), 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(21);

(t)Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation(22);

(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(23)..

(c)after sub-paragraph (2) insert—

(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..

(2)

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).

(3)

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).

(4)

OJ No L 182, 16.7.1999, p. 1.

(5)

OJ No L 328, 10.12.2011, p. 49.

(6)

OJ No L 269, 21.10.2000, p. 34.

(7)

OJ No L 299, 16.11.2017, p. 24.

(8)

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).

(9)

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).

(10)

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).

(11)

OJ No L 102, 11.4.2006, p. 15, as amended by Regulation (EC) No 596/2009 (OJ No L 188, 18.7.2009, p. 14).

(12)

OJ No L 266, 26.9.2006, p. 1.

(13)

OJ No L 329, 10.12.2013, p. 5.

(14)

OJ No L 372, 27.12.2006, p. 19, as amended by Directive 2014/80/EU (OJ No L 182, 21.6.2014, p. 52).

(15)

OJ No L 312, 22.11.2008, p. 3.

(16)

OJ No L 150, 14.6.2017, p. 1.

(17)

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).

(18)

OJ No L 285, 31.10.2009, p. 36, as amended by Directive 2014/99/EU (OJ No L 304, 23.10.2014, p. 89).

(19)

OJ No L 334, 17.12.2010, p. 17, as corrected by Corrigendum to Directive 2010/75/EU (OJ No L 158, 19.6.2012, p. 25).

(20)

OJ No L 197, 24.7.2012, p. 38.

(21)

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).

(22)

OJ No L 13, 17.1.2014, p. 1, as corrected by Corrigendum to Directive 2013/59/Euratom (OJ No L 72, 17.3.2016, p. 69).

(23)

OJ No L 313, 28.11.2015, p. 1.

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