GeneralS
22(1)Making provision which, subject to any modifications that the Scottish Ministers consider appropriate, corresponds or is similar to—S
(a)any provision made by or under, or capable of being made under, Part 2 of the Environmental Protection Act 1990, or
[F1(b)any provision (not being a provision within any of paragraphs 1 to 21 or paragraph (a)) that might be made by an Act of the Scottish Parliament in connection with the relevant EU instruments, 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 order, rules, regulations or other subordinate instrument, other than rules of procedure for any court or tribunal.
(2)In sub-paragraph (1)(b) “the relevant EU instruments” means—
(a)Council Directive 91/271/EEC concerning urban waste water treatment,
(b)Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources,
(c)European Parliament and Council Directive 94/62/EC on packaging and packaging waste,
(d)Council Directive 96/59/EC on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT),
(e)Council Directive 1999/31/EC on the landfill of waste,
(f)Directive 2000/53/EC of the European Parliament and of the Council on end-of life vehicles,
(g)Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy,
(h)Directive 2002/49/EC of the European Parliament and of the Council relating to the assessment and management of environmental noise,
(i)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,
(j)Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC,
(k)Directive 2006/118/EC of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration,
(l)Directive 2008/50/EC of the European Parliament and of the Council on ambient air quality and cleaner air for Europe,
(m)Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives,
(n)Directive 2008/105/EC of the European Parliament and of the Council on environmental quality standards in the field of water policy, amending and subsequently repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC of the European Parliament and of the Council,
(o)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,
(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,
(q)Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control),
(r)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,
(s)Regulation (EU) No 649/2012 of the European Parliament and of the Council concerning the export and import of hazardous chemicals,
(t)Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE),
(u)Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom,
(v)Directive (EU) 2015/2193 of the European Parliament and of the Council on the limitation of emissions of certain pollutants into the air from medium combustion plants,
(w)Regulation (EU) 2017/852 of the European Parliament and of the Council on mercury, and repealing Regulation (EC) No 1102/2008,
(x)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,
(y)Regulation (EU) 2019/1021 of the European Parliament and of the Council on persistent organic pollutants.
(3)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.
(4)Making provision about the application of the regulations to the Crown.]
Textual Amendments
F1Sch. 2 para. 22(1)(b)(2)-(4) substituted for sch. 2 para. 22(1)(b)(2) (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) (No. 2) Regulations 2019 (S.S.I. 2019/436), regs. 1, 2(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I1Sch. 2 para. 22 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.