The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

Regulation 4

SCHEDULE 2 N.I. Amendment of the Air and Environmental Quality Provisions

Amendment of the Air Quality Standards Regulations (Northern Ireland) 2010 N.I.

1.—(1) The Air Quality Standards Regulations (Northern Ireland) 2010 M1 are amended as follows.

(2) Omit regulation 4(1)(e).

(3) In regulation 18(3), omit “, in accordance with Article 20 of Directive 2008/50/EC,”.

(4) In regulation 19(4), for “Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) M2 ” substitute “ the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013 M3 . ”.

(5) In regulation 25—

(a) in paragraph (1A), omit “in accordance with Article 21 of Directive 2008/50/EC M4 ”;

(b) in paragraph (5), for from “other plans drawn” to the end substitute “ relevant environmental plans ”; and

(c) after paragraph (8), insert—

“(9) In paragraph (5) “relevant environmental plans” means—

(a) the Transitional National Plan, which has the same meaning given in regulation 2(1) of the Large Combustion Plants (Transitional National Plan) Regulations 2015 M5 ;

(b) a national air pollution control programme drawn up in accordance with regulation 9 of the National Emissions Ceilings Regulations 2018 M6 ;

(c) an action plan drawn up in accordance with Part 3 of the Environmental Noise Regulations (Northern Ireland) 2006 M7 .”.

(6) In regulation 28(3)—

(a) after “comprehensive manner” insert “ , including the applicable methodology, ”; and

(b) after “the European Community” insert “ in so far as it has been transposed and it forms part of retained EU law ”.

Commencement Information

I1 Sch. 2 para. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M1 S.R. 2010 No. 188 as relevantly amended by S.R. 2017 No. 2 and S.R. 2018 No. 33

M2 OJ L 334, 17.12.2010, p. 17-119

M3 S.R. 2013 No. 160 as relevantly amended by S.R. 2014 No. 304, S.R 2015 No. 325 and S.R. 2018 No. 33

M4 OJ L 152, 11.6.2008, p. 1-44

M5 S.I. 2015/1973, to which there are amendments not relevant to these regulations

M6 S.I. 2018/129

M7 S.R. 2006 No. 387, as amended by S.R. 2018 No. 190

Amendment of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013 N.I.

2.—(1) The Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013 are amended as follows.

(2) In regulation 7(16) omit “established by the European Commission”.

(3) In regulation 26—

(a) in paragraph (6) before sub-paragraph (c) omit “and”;

(b) omit paragraph (6)(c);

(c) in paragraph (8)(c) omit from “in accordance” to the end.

(4) In regulation 32(3) omit “the European Union Treaties or”.

(5) In Schedule 4—

(a) in paragraph 1(4)(b) omit “or European Union”;

(b) in paragraph 9(b) omit “between Member States”;

(c) in paragraph 19(2) for “another” substitute “ a ”;

(d) in paragraph 22 and 23 in each place—

(i) for “another” substitute “ a ”; and

(ii) for “the other Member State” substitute “ that Member State ”.

(6) In Schedule 7—

(a) in paragraph 6(2)(g) omit “between Member States”;

(b) in paragraph 9(2) for “another” substitute “ a ”;

(c) in paragraph 14(2)(g)(ii) omit “between Member States”; and

(d) in paragraph 17, 18 and 19 in each place—

(i) for “another” substitute “ a ”; and

(ii) for “the other Member State” substitute “ that Member State ”.

(7) In Schedule 9A, paragraph 11—

(a) in sub-paragraph (5)(a) omit from “and the Department” to the end; and

(b) omit sub-paragraph (5)(b).

Commencement Information

I2 Sch. 2 para. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1