The Fluorinated Greenhouse Gases (Amendment) (EU Exit) Regulations 2021

Statutory Instruments

2021 No. 543

Exiting The European Union

Environmental Protection

The Fluorinated Greenhouse Gases (Amendment) (EU Exit) Regulations 2021

Sift requirements satisfied

29th April 2021

Made

29th April 2021

Laid before Parliament

4th May 2021

Coming into force

25th May 2021

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018(1).

The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Fluorinated Greenhouse Gases (Amendment) (EU Exit) Regulations 2021 and come into force on 25th May 2021.

(2) These Regulations extend to Great Britain.

Amendment of Commission Implementing Regulation (EU) No 1191/2014

2.—(1) Commission Implementing Regulation (EU) No 1191/2014 determining the format and means for submitting the report referred to in Article 19 of Regulation (EU) No 517/2014 of the European Parliament and of the Council on fluorinated greenhouse gases(2) is amended as follows.

(2) In the Annex—

(a) in row 1C_a of the table in Section 1, for “Member State” substitute “part of Great Britain”;

(b) in the bold heading to Section 6, for “EU market” substitute “market”;

(c) in the fifth paragraph after the bold heading to Section 8, for “the EU”, in both places it occurs, substitute “Great Britain”.

Amendment of Commission Implementing Regulation (EU) 2019/661

3.—(1) Commission Implementing Regulation (EU) 2019/661 ensuring the smooth functioning of the electronic registry for quotas for placing hydrofluorocarbons on the market(3) is amended as follows.

(2) For Article 2, substitute—

“‘Beneficial owner’ means a beneficial owner as defined in regulation 3(1) of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017(4), as read with regulations 5 and 6 of those Regulations.”

(3) In Article 3—

(a) in paragraph 1—

(i) in the introduction, for “Union” substitute “United Kingdom” and for “Commission” substitute “appropriate regulator”;

(ii) in subparagraph (a), for “national” substitute “United Kingdom”;

(iii) in subparagraph (i), for “Union” substitute “United Kingdom”;

(b) in paragraph 2, in the introduction, for “Union” substitute “United Kingdom” and for “Commission” substitute “appropriate regulator”;

(c) in paragraph 3, for “Commission” substitute “appropriate regulator”;

(d) in paragraph 4—

(i) for “before the entering into force of this Regulation” substitute “before the 25th May 2021”;

(ii) for “from entering into force of this Regulation” substitute “beginning on that date”.

(4) In Article 4, for “Commission”, in each place it occurs, substitute “appropriate regulator”.

(5) In Article 5, for “Commission” substitute “appropriate regulator”.

(6) In Article 6—

(a) in paragraph 1—

(i) in the first sentence, for “Commission” substitute “appropriate regulator”;

(ii) in the second sentence—

(aa) omit “and the competent authority of the relevant Member State”;

(bb) for “via the registry” substitute “by the appropriate regulator”;

(b) in paragraph 2, for “Commission” substitute “appropriate regulator”;

(c) in paragraph 3—

(i) in the first sentence, for “Commission” substitute “appropriate regulator”;

(ii) in the second sentence—

(aa) omit “and the competent authority of the relevant Member State”;

(bb) for “via the registry” substitute “by the appropriate regulator”.

(7) In Article 7(2), for “Commission” substitute “appropriate regulator”.

(8) Omit Article 8.

(9) In Article 9(2), for “Commission” substitute “appropriate regulator”.

(10) After Article 10 omit the words “This Regulation shall be binding in its entirety and directly applicable in all Member States.”

Rebecca Pow

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

29th April 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a)) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to legislation in the field of fluorinated greenhouse gases.

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

(1)

2018 c. 16. Paragraph 21 of Schedule 7 was amended by paragraph 53 of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020 (c.1).

(2)

EUR 2014/1191. Amended by regulation 66 of S.I. 2019/583, which was amended by regulation 2(32) of S.I. 2020/1616.

(3)

EUR 2019/661.

(4)

S.I. 2017/692, to which there are amendments not relevant to these Regulations.