The Pollution Prevention and Control (Designation of the Industrial Emissions Directive) (Offshore) Order 2013

Statutory Instruments

2013 No. 669

Environmental Protection

The Pollution Prevention and Control (Designation of the Industrial Emissions Directive) (Offshore) Order 2013

Made

14th March 2013

Coming into force

15th March 2013

The Secretary of State, in exercise of the powers conferred by paragraph 20(2)(c) of Schedule 1 to the Pollution Prevention and Control Act 1999(1), makes the following Order:

Citation, commencement and application

1.—(1) This Order may be cited as the Pollution Prevention and Control (Designation of the Industrial Emissions Directive) (Offshore) Order 2013 and comes into force on 15th March 2013.

(2) This Order applies to—

(a) the sea in any designated area within the meaning of the Continental Shelf Act 1964(2); and

(b) the territorial sea adjacent to Northern Ireland, except that part which extends seaward for 3 miles from the landward baseline,

including the places above the sea and the bed and subsoil of the sea.

Designation

2.  Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control)(Recast)(3) is designated for the purposes of paragraph 20 of Schedule 1 to the Pollution Prevention and Control Act 1999.

John Hayes

Minister of State

Department for Energy and Climate Change

14th March 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order applies to the sea within the area of the continental shelf of the United Kingdom and to the territorial sea adjacent to Northern Ireland (except that part which extends seaward for 3 miles from the landward baseline). It designates Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control)(Recast) (OJ No L 334, 17.12.2010, p17) (“the 2010 Directive”) for the purposes of paragraph 20 of Schedule 1 to the Pollution Prevention and Control Act 1999 (c. 24) (“the 1999 Act”).

Other areas of the sea adjacent to the United Kingdom have been designated for the purposes of the 1999 Act in respect of the 2010 Directive by the Pollution Prevention and Control (Designation of Industrial Emissions Directive) (Scotland) Order 2011 (S.S.I. 2011/423) and the Pollution Prevention and Control (Designation of Directives) (England and Wales) Order 2013 (S.I. 2013/123) (“the Great Britain Orders”).

In consequence of this Order, and the Great Britain Orders, regulations may be made under the 1999 Act which make provision which corresponds or is similar to any provision made, or capable of being made, under section 2(2) of the European Communities Act 1972 (c. 68) in connection with the 2010 Directive.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

1999 c. 24. Paragraph 20 has been amended by S.I. 2011/1043. Various other amendments have been made to Schedule 1 which are not relevant for the purposes of this Order.

(2)

1964 c. 29.

(3)

OJ No L 334, 17.12.2010, p17.