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

The Pollution Prevention and Control Act 1999 E+W+S

4.—(1) Schedule 1 to the Pollution Prevention and Control Act 1999 M1 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) [F1 after paragraph (c) insert—

“(d) Council Directive 87/217/EEC on the prevention and reduction of environmental pollution by asbestos M2 ;

(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 M3 ;

(f) Council Directive 1999/31/EC on the landfill of waste M4 , as last amended by Directive 2011/97/EU M5 ;

(g) Directive 2000/53/EC of the European Parliament and of the Council on end-of life vehicles M6 , as last amended by Directive (EU) 2017/2096 M7 ;

(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 M8 ;

(i) Directive 2001/81/EC of the European Parliament and of the Council on national emission ceilings for certain atmospheric pollutants M9 ;

(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 M10 ;

(k) Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries M11 ;

(l) Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators M12 , as last amended by Directive 2013/56/EU M13 ;

(m) Directive 2006/118/EC of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration M14 ;

(n) Directive 2008/98/EC of the European Parliament and of the Council on waste M15 , as last amended by Regulation (EU) 2017/997 M16 ;

(o) Directive 2009/31/EC of the European Parliament and of the Council on the geological storage of carbon dioxide M17 ;

(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 M18 ;

(q) Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) M19 ;

(r) Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE) M20 , 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 M21 ;

(t) Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation M22 ;

(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 M23 .”.]

[F2 (iii) after paragraph (c) insert—

“(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”]

(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.”.

Textual Amendments

F1 Reg. 4(3)(b)(ii) revoked (E.W.) (31.12.2020 immediately before IP completion day) by The Environment (Amendment etc.) (EU Exit) (Amendment) (England and Wales) Regulations 2020 (S.I. 2020/603), regs. 1, 2(3)(a)

F2 Reg. 4(3)(b)(iii) inserted (E.W.) (31.12.2020 immediately before IP completion day) by The Environment (Amendment etc.) (EU Exit) (Amendment) (England and Wales) Regulations 2020 (S.I. 2020/603), regs. 1, 2(3)(b)

Commencement Information

I1 Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M1 1999 c. 24.

M2 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).

M3 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).

M4 OJ No L 182, 16.7.1999, p. 1.

M5 OJ No L 328, 10.12.2011, p. 49.

M6 OJ No L 269, 21.10.2000, p. 34.

M7 OJ No L 299, 16.11.2017, p. 24.

M8 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).

M9 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).

M10 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).

M11 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).

M12 OJ No L 266, 26.9.2006, p. 1.

M13 OJ No L 329, 10.12.2013, p. 5.

M14 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).

M15 OJ No L 312, 22.11.2008, p. 3.

M16 OJ No L 150, 14.6.2017, p. 1.

M17 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).

M18 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).

M19 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).

M20 OJ No L 197, 24.7.2012, p. 38.

M21 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).

M22 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).

M23 OJ No L 313, 28.11.2015, p. 1.