SCHEDULE 5

Interpretation of Directives for the purposes of Part 1
PART 1

The Directive

Modifications to the Articles
2
Article 2 is to be read as if—
a
in paragraph 24, for the words from “in Annex IX” to the end, there were substituted
“ by the Priority Substances Directive, and under relevant retained EU law which sets environmental quality standards ”
,
b
in paragraph 37, for the words from “Directive
80/778/EEC
” to the end, there were substituted
“ Council Directive
98/83/EC
on the quality of water intended for human consumption ”
.
3
Article 3(9) is to be ignored.
4
Article 4 is to be read as if—
a
in paragraph 1—
i
in sub-paragraph (a)(iv), for “Article 16(1) and (8)” there were substituted
“ the Priority Substances Directive ”
,
ii
in sub-paragraph (b)(iii), for “paragraphs 2, 4 and 5 of Article 17” there were substituted
“ the Groundwater Directive ”
,
b
in paragraph 8, the reference to “other Community environmental legislation” were a reference to “retained EU law relating to the environment”,
c
in paragraph 9, the reference to “the existing Community legislation” were a reference to “other relevant retained EU law”.
5
Article 7(2) is to be read as if—
a
for “at Community level under Article 16” there were substituted
“ by the Priority Substances Directive ”
,
b
for “Directive
80/778/EEC
as amended by Directive
98/83/EC
” there were substituted
“ the retained EU law which implemented Council Directive
98/83/EC
on the quality of water intended for human consumption ”
.
6
Article 10 is to be ignored.
7
Article 11(3) is to be read as if—
a
in sub-paragraph (a), for the words from “to implement” to the end, there were substituted
“ under retained EU law for the protection of water ”
,
b
in sub-paragraph (j), in the fourth indent, for the words from “Directive
2009/31/EC
” to the end, there were substituted
“ the retained EU law which implemented Directive
2009/31/EC
of the European Parliament and of the Council on the geological storage of carbon dioxide ”
,
c
in sub-paragraph (k)—
i
for “action taken pursuant to Article 16,” there were substituted
“ the Priority Substances Directive ”
,
ii
for “agreed pursuant to Article 16(2)” there were substituted
“ in Annex X ”
.
8
Article 12 is to be ignored.
9
Article 15 is to be ignored.
10
Article 24 is to be ignored.
11
Annex II is to be read as if, in section 1.4—
a
in the second paragraph—
i
after “gathered under” there were inserted
“ the retained EU law which implemented ”
,
ii
in sub-paragraph (ii), the reference to information gathered under Articles 9 and 15 of Directive
96/61/EC
were a reference to relevant information gathered under the retained EU law which implemented Articles 5(3), 14 and 24 of Directive
2010/75/EC
of the European Parliament and of the Council on industrial emissions ”,
b
in the third paragraph—
i
at the start of sub-paragraph (i), there were inserted “retained EU law which implemented”,
ii
in sub-paragraph (ii), the reference to information gathered under Articles 7 and 17 of Directive
91/414/EEC
were a reference to relevant information gathered under Regulation
(EC) No 1107/2009
of the European Parliament and of the Council concerning the placing of plant protection products on the market and repealing Council Directives
79/117/EEC
and
91/414/EEC
”,
iii
in sub-paragraph (iii), for “Directive
98/8/EC
” there were substituted
“ Regulation (EU) No 528/2012 of the European Parliament and of the Council concerning the making available on the market and use of biocidal products ”
.
12
Annex IV is to be read as if—
a
in paragraph 1—
i
in sub-paragraph (iii), for “Directive
76/160/EEC
” there were substituted
“ retained EU law which implemented Directive
2006/7/EC
of the European Parliament and of the Council concerning the management of bathing water quality and repealing Directive
76/160/EEC
”
,
ii
in sub-paragraph (iv), after “under”, in both places it occurs, there were inserted
“ the retained EU law which implemented ”
,
iii
in sub-paragraph (v)—
A
after “under”, there were inserted
“ the retained EU law which implemented ”
,
B
for “Directive
79/409/EEC
” there were substituted
“ the retained EU law which implemented Directive
2009/147/EC
of the European Parliament and of the Council on the conservation of wild birds ”
,
b
in paragraph 2, the words “Community, national or local” were omitted.
13
Annex V is to be read as if—
a
references in tables 1.2.1 to 1.2.5 to Directive
91/414/EC
, in each place they occur, were references to Regulation
(EC) No 1107/2009
of the European Parliament and of the Council concerning the placing of plant protection products on the market and repealing Council Directives
79/117/EEC
and
91/414/EEC
,
b
references in tables 1.2.1 to 1.2.5 to Directive
98/8/EC
, in each place they occur, were references to Regulation (EU) No 528/2012 of the European Parliament and of the Council concerning the making available on the market and use of biocidal products,
c
in section 1.3.1, in the unnumbered paragraph headed “Selection of monitoring points”, the fourth indent (referring to “the Information Exchange Decision
77/795/EEC
”) were omitted,
d
in section 1.3.5, for “Drinking Water Directive” there were substituted
“ retained EU law which implemented Council Directive
98/83/EC
on the quality of water intended for human consumption ”
,
e
in section 1.4.3, for “Annex IX, Article 16 and under other relevant Community legislation” there were substituted
“ the Priority Substances Directive and under relevant retained EU law ”
,
f
in the table in section 2.3.2, in the column for “good status”, for “other relevant Community legislation in accordance with Article 17” there were substituted
“ the Groundwater Directive ”
,
g
in section 2.4.5, for “the Directives concerned” there were substituted
“ the Priority Substances Directive and the Groundwater Directive ”
.
14
Annex VI is to be read as if Part A were omitted.
15
Annex VII is to be read as if, in Part A, in point 7.1, for “to implement Community legislation” there were substituted
“ under retained EU law ”
.
Sch. 5 inserted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 2(6) (as amended by S.S.I. 2019/175, regs. 1(1)(b), 8(2)); 2020 c. 1, Sch. 5 para. 1(1)