The Retained EU Law (Revocation and Reform) Act 2023 (Environment, Food and Rural Affairs) (Revocation) Regulations 2024

Statutory Instruments

2024 No. 513

Retained Eu Law Reform

The Retained EU Law (Revocation and Reform) Act 2023 (Environment, Food and Rural Affairs) (Revocation) Regulations 2024

Sift requirements satisfied

27th March 2024

Made

15th April 2024

Laid before Parliament

16th April 2024

Coming into force in accordance with regulation 1(2)

The Secretary of State makes these Regulations in exercise of the powers conferred by section 14(1) of the Retained EU Law (Revocation and Reform) Act 2023 (“the Act”)(1).

The Secretary of State is a relevant national authority for the purposes of section 14(1) of the Act(2).

The requirements of paragraph 6(2) of Schedule 5 to the 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 Retained EU Law (Revocation and Reform) Act 2023 (Environment, Food and Rural Affairs) (Revocation) Regulations 2024.

(2) These Regulations come into force 24 days after the day on which they are made.

(3) Subject to paragraph (4), these Regulations extend to England and Wales, Scotland and Northern Ireland.

(4) Any revocation of a provision in an enactment has the same extent as the provision revoked.

Revocations

2.—(1) The instruments listed in the Schedule are revoked in their entirety.

(2) In the Schedule—

(a) Part 1 lists subordinate legislation;

(b) Part 2 lists retained direct EU legislation.

Douglas-Miller

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

15th April 2024

Regulation 2

SCHEDULE 1 REVOCATION OF SUBORDINATE LEGISLATION AND RETAINED DIRECT EU LEGISLATION

PART 1 Subordinate Legislation

Title	Citation
The Landfill (Scheme Year and Maximum Landfill Amount) Regulations 2004	S.I. 2004/1936
The Environmental Permitting (England and Wales) Regulations 2007	S.I. 2007/3538
The Environmental Permitting (England and Wales) (Amendment) Regulations 2009	S.I. 2009/1799
The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2009	S.I. 2009/3381
The Environmental Permitting (England and Wales) Regulations 2010	S.I. 2010/675
The Environmental Permitting (England and Wales) (Amendment) Regulations 2011	S.I. 2011/2043
The Landfill (Maximum Landfill Amount) Regulations 2011	S.I. 2011/2299
The Environmental Permitting (England and Wales) (Amendment) Regulations 2012	S.I. 2012/630
The Veterinary Surgeons’ Qualifications (Recognition) (Switzerland and Croatia) Regulations 2013	S.I. 2013/2985
The Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2014	S.I. 2014/2852
The Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2015	S.I. 2015/324
The Environmental Permitting (England and Wales) (Amendment) Regulations 2015	S.I. 2015/918
The Large Combustion Plants (Transitional National Plan) Regulations 2015	S.I. 2015/1973

PART 2 Retained Direct EU Legislation

Title	Citation
Commission Decision of 5 February 1991 making financial provision for a project relating to the inactivation of the agents of scrapie and bovine spongiform encephalopathy (91/89/EEC)	EUDN 1991/89
Council Decision of 1 February 1993 on the conclusion, on behalf of the Community, of the Convention on the control of transboundary movements of hazardous wastes and their disposal (Basel Convention)	EUDN 1993/98
Commission Decision of 24 June 1996 approving the plan for the control and eradication of bovine spongiform encephalopathy in the United Kingdom (96/385/EC)	EUDN 1996/385
Commission Decision of 16 December 1997 amending Decision 96/385/EC approving the plan for the control and eradication of bovine spongiform encephalopathy in the United Kingdom (97/870/EC)	EUDN 1997/870
Council Regulation (EC) No 1420/1999 of 29 April 1999 establishing common rules and procedures to apply to shipments to certain non-OECD countries of certain types of waste	EUR 1999/1420
Commission Regulation (EC) No 2680/1999 of 17 December 1999 approving a system of identification for bulls intended for cultural and sporting events	EUR 1999/2680
Commission Regulation (EC) No 1208/2000 of 8 June 2000 amending Council Regulation (EC) No 1420/1999 establishing common rules and procedures to apply to shipments of certain types of waste from the European Community to Bulgaria and Nigeria, and Regulation (EC) No 1547/1999 concerning the control procedures to apply to shipments of certain types of waste to Bulgaria and Nigeria	EUR 2000/1208
Commission Decision of 30 October 2000 authorising Member States to provide for derogations from certain provisions of Council Directive 2000/29/EC in respect of plants of strawberry (Fragaria L.), intended for planting, other than seeds, originating in the Republic of Chile (notified under document number C(2000) 3141)	EUDN 2000/700
Commission Regulation (EC) No 2630/2000 of 30 November 2000 amending Council Regulation (EC) No 1420/1999 establishing common rules and procedures to apply to shipments of certain types of waste from the European Community to Bahrain, Haiti, Honduras, Libya, Namibia, Qatar, Uzbekistan and the Vatican City	EUR 2000/2630
Commission Decision of 12 December 2000 authorising the Member States temporarily to provide for derogations from certain provisions of Council Directive 2000/29/EC in respect of plants of Vitis L., other than fruits, originating in Switzerland (notified under document number C(2000) 3743)	EUDN 2001/5
Commission Regulation (EC) No 77/2001 of 5 January 2001 amending the Annexes to Regulation (EC) No 1547/1999 and Council Regulation (EC) No 1420/1999 as regards shipments of certain types of waste to Albania, Brazil, Bulgaria, Burundi, Jamaica, Morocco, Nigeria, Peru, Romania, Tunisia and Zimbabwe (Text with EEA relevance)	EUR 2001/77
Commission Decision of 18 January 2001 authorising Member States temporarily to provide for derogations of Council Directive 2000/29/EC in respect of potatoes, other than potatoes intended for planting, originating in Cuba (notified under document number C(2001) 121)	EUDN 2001/99
Commission Decision of 9 March 2001 authorising the Member States to provide for derogations from certain provisions of Council Directive 2000/29/EC in respect of potatoes, other than potatoes intended for planting, originating in New Zealand (notified under document number C(2001) 685)	EUDN 2001/199
Commission Decision of 29 May 2001 authorising Member States to provide for derogations from certain provisions of Council Directive 2000/29/EC in respect of plants of strawberry (Fragaria L.), intended for planting, other than seeds, originating in Argentina (notified under document number C(2001) 1485)	EUDN 2001/441
Commission Regulation (EC) No 1800/2001 of 13 September 2001 amending Council Regulation (EC) No 1420/1999 and Regulation (EC) No 1547/1999 as regards shipments of certain types of waste to Guinea	EUR 2001/1800
Commission Regulation (EC) No 2243/2001 of 16 November 2001 amending Council Regulation (EC) No 1420/1999 and Commission Regulation (EC) No 1547/1999 as regards shipments of certain types of waste to Cameroon, Paraguay and Singapore	EUR 2001/2243
Commission Decision of 7 December 2001 approving the schemes submitted by the United Kingdom and Ireland for the withdrawal of all fish in farms infected with infectious salmon anaemia (ISA) virus and repealing Decision 2001/494/EC (notified under document number C(2001) 3938)	EUDN 2001/872
Commission Decision of 29 April 2002 authorising derogations from certain provisions of Council Directive 2000/29/EC in respect of plants of strawberry (Fragaria L.), intended for planting, other than seeds, originating in the Republic of Chile (notified under document number C(2002) 1553)	EUDN 2002/316
Commission Regulation (EC) No 997/2002 of 11 June 2002 establishing detailed rules for the implementation of the provisions relating to the allocation of a Community financial contribution for Member States in order to strengthen inspection infrastructures for plant health checks on plants and plant products coming from third countries	EUR 2002/997
Commission Decision of 26 June 2002 authorising derogations from certain provisions of Council Directive 2000/29/EC in respect of naturally or artificially dwarfed plants of Chamaecyparis Spach, Juniperus L. and Pinus L., originating in the Republic of Korea (notified under document number C(2002) 2251) (2002/499/EC)	EUDN 2002/499
Commission Decision of 28 January 2003 authorising Member States to provide for temporary derogations from Council Directive 2000/29/EC in respect of potatoes, other than potatoes intended for planting, originating in certain provinces of Cuba (notified under document number C(2003) 338) (2003/63/EC)	EUDN 2003/63
Commission Decision of 9 April 2003 authorising Member States to provide for temporary derogations from certain provisions of Council Directive 2000/29/EC in respect of plants of strawberry (Fragaria L.), intended for planting, other than seeds, originating in the Republic of South Africa (notified under document number C(2003) 1185) (2003/250/EC)	EUDN 2003/250
Council Regulation (EC) No 882/2003 of 19 May 2003 establishing a tuna tracking and verification system	EUR 2003/882
Commission Decision of 10 October 2003 granting a temporary derogation from Directive 82/894/EEC as regards the frequency of notification of primary outbreaks of bovine spongiform encephalopathy (notified under document number C(2003) 3561) (2003/724/EC)	EUDN 2003/724
Commission Regulation (EC) No 2118/2003 of 2 December 2003 amending Council Regulation (EC) No 1420/1999 and Regulation (EC) No 1547/1999 as regards shipments of certain types of waste to Tanzania and to Serbia and Montenegro	EUR 2003/2118
Commission Decision of 28 January 2004 authorising Member States temporarily to provide for derogations from certain provisions of Council Directive 2000/29/EC in respect of plants of Vitis L., other than fruits, originating in Switzerland (notified under document number C(2004) 122)	EUDN 2004/96
Commission Decision of 29 January 2004 on measures to assess the residual BSE risk in products derived from bovine animals/on a Community financial contribution for measures to assess the residual BSE risk in products derived from bovine animals (notified under document number C(2004) 132) (2004/110/EC)	EUDN 2004/110
Commission Decision of 14 October 2004 on the list of programmes for the eradication and the monitoring of certain TSEs qualifying for a financial contribution from the Community in 2005 (notified under document number C(2004) 4011) (2004/696/EC)	EUDN 2004/696
Commission Regulation (EC) No 105/2005 of 17 November 2004 amending Council Regulation (EC) No 1420/1999 and Regulation (EC) No 1547/1999 as regards shipments of certain types of waste to China and Saudi Arabia.	EUR 2005/105
Commission Decision of 29 November 2004 authorising a temporary derogation from certain provisions of Council Directive 2000/29/EC in respect of the importation of soil originating in Australia (notified under document number C(2004) 4449) (2004/827/EC)	EUDN 2004/827
Commission Decision of 29 June 2005 providing for a derogation from certain provisions of Council Directive 2000/29/EC in respect of plants of Vitis L., other than fruits, originating in Croatia (notified under document number C(2005) 1920) (2005/477/EC)	EUDN 2005/477
Commission Decision of 11 December 2006 providing for a derogation from certain provisions of Council Directive 2000/29/EC in respect of plants of Vitis L., other than fruits, originating in Croatia or the former Yugoslav Republic of Macedonia (notified under document number C(2006) 6365) (2006/916/EC)	EUDN 2006/916
Commission Regulation (EC) No 737/2008 of 28 July 2008 designating the Community reference laboratories for crustacean diseases, rabies and bovine tuberculosis, laying down additional responsibilities and tasks for the Community reference laboratories for rabies and bovine tuberculosis and amending Annex VII to Regulation (EC) No 882/2004 of the European Parliament and of the Council	EUR 2008/737
Commission Decision of 10 August 2010 extending the derogation period for Bulgaria to raise objections to shipments of certain waste to Bulgaria for recovery under Regulation (EC) No 1013/2006 of the European Parliament and of the Council (notified under document C(2010) 5434)	EUDN 2010/438
Council Decision of 8 November 2010 on the approval, on behalf of the European Union, of the Amendment to the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries (2010/717/EU)	EUDN 2010/717
Commission Implementing Decision of 15 December 2011 extending the derogation period for Romania to raise objections to shipments of certain waste to Romania for recovery under Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste (notified under document C(2011) 9191)	EUDN 2011/854
Commission Implementing Decision of 24 April 2012 recognising Serbia as being free from Clavibacter michiganensis ssp. Sepedonicus (Spieckerman and Kotthoff) Davis et al. (notified under document C(2012) 2524) (2012/219/EU)	EUDN 2012/219
Commission Decision of 26 November 2013 on notifying the third countries that the Commission considers as possible of being identified as non-cooperating third countries pursuant to Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing	Not applicable(3)
Commission Implementing Decision of 31 October 2014 determining, pursuant to Regulation (EU) No517/2014 of the European Parliament and of the Council on fluorinated greenhouse gases, reference values for the period 1 January 2015 to 31 December 2017 for each producer or importer who has reported placing on the market hydrofluorocarbons under Regulation (EC) No 842/2006 of the European Parliament and of the Council (notified under document C(2014) 7920)	EUDN 2014/774
Council Implementing Decision (EU) 2015/200 of 26 January 2015 amending Implementing Decision 2014/170/EU establishing a list of non-cooperating third countries in fighting IUU fishing pursuant to Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing as regards Sri Lanka	EUDN 2015/200
Commission Implementing Decision (EU) 2015/1084 of 18 February 2015 approving on behalf of the European Union certain amendments to Annexes II, V, VII and VIII to the Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal products (notified under document C(2015) 797)	EUDN 2015/1084
Commission Implementing Decision (EU) 2016/1102 of 5 July 2016 approving the national programmes to improve the production and marketing of apiculture products submitted by the Member States under Regulation (EU) No1308/2013 of the European Parliament and of the Council (notified under document C(2016) 4133)	EUDN 2016/1102
Council Regulation (EU) 2016/1252 of 28 July 2016 amending Regulations (EU) 2016/72 and (EU) 2015/2072 as regards certain fishing opportunities	EUR 2016/1252
Council Regulation (EU) 2016/2285 of 12 December 2016 fixing for 2017 and 2018 the fishing opportunities for Union fishing vessels for certain deep-sea fish stocks and amending Council Regulation (EU) 2016/72	EUR 2016/2285
Council Regulation (EU) 2017/135 of 23 January 2017 amending Regulation (EU) 2016/1903 fixing for 2017 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea	EUR 2017/135
Council Decision (EU) 2017/938 of 23 September 2013 on the signing, on behalf of the European Union, of the Minamata Convention on Mercury	EUDN 2017/938
Commission Delegated Regulation (EU) 2017/1181 of 2 March 2017 amending Delegated Regulation (EU) 2017/117 establishing fisheries conservation measures for the protection of the marine environment in the Baltic Sea and repealing Delegated Regulation (EU) 2015/1778	EUR 2017/1181
Council Decision (EU) 2017/939 of 11 May 2017 on the conclusion on behalf of the European Union of the Minamata Convention on Mercury	EUDN 2017/939
Council Decision (EU) 2017/1138 of 19 June 2017 on the position to be taken on behalf of the European Union at the first meeting of the Conference of the Parties of the Minamata Convention on Mercury as regards the adoption of the required content of the certification referred to in Article 3(12) of the Convention and of the guidance referred to in Article 8(8) and (9) of the Convention	EUDN 2017/1138
Council Regulation (EU) 2017/1398 of 25 July 2017 amending Regulation (EU) 2017/127 as regards certain fishing opportunities	EUR 2017/1398
Commission Regulation (EU) 2018/455 of 16 March 2018 laying down additional responsibilities and tasks for the European Union reference laboratory for fish and crustacean diseases and amending Annex VII to Regulation (EC) No 882/2004 of the European Parliament and of the Council	EUR 2018/455
Council Decision (EU) 2018/1730 of 12 November 2018 on the position to be taken on behalf of the European Union at the second meeting of the Conference of the Parties to the Minamata Convention on Mercury with regard to the adoption of guidelines on the environmentally sound interim storage of mercury, other than waste mercury, referred to in Article 10(2) and (3) of the Convention	EUDN 2018/1730
Commission Implementing Regulation (EU) 2018/1992 of 14 December 2018 amending Implementing Regulation (EU) No1191/2014 as regards the reporting of data referred to in Article 19 of Regulation (EU) No517/2014 in respect of hydrofluorocarbons placed on the market in the United Kingdom and in the Union of 27 Member States	EUR 2018/1992
Council Regulation (EU) 2019/529 of 28 March 2019 amending Regulation (EU) 2019/124 as regards certain fishing opportunities	EUR 2019/529
Council Decision (EU) 2019/638 of 15 April 2019 on the position to be taken on behalf of the European Union at the fourteenth meeting of the Conference of the Parties with regard to certain amendments to Annexes II, VIII and IX to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal	EUDN 2019/638
Council Decision (EU) 2019/2119 of 21 November 2019 on the position to be taken, on behalf of the European Union, at the third meeting of the Conference of the Parties to the Minamata Convention on Mercury, as regards the adoption of a Decision establishing thresholds for mercury waste, as referred to in Article 11(2) of that Convention	EUDN 2019/2119
Council Decision (EU) 2019/2135 of 21 November 2019 on the position to be taken, on behalf of the European Union, at the third meeting of the Conference of the Parties to the Minamata Convention on Mercury, as regards the adoption of a Decision on the phasing-out of dental amalgam and amending Annex A to that Convention	EUDN 2019/2135
Commission Implementing Decision (EU) 2020/758 of 4 June 2020 on measures to be taken by the United Kingdom concerning Xylella fastidiosa and Ceratocystis platani (notified under document C(2020) 3604)	EUDN 2020/758
Commission Implementing Regulation (EU) 2020/918 of 1 July 2020 establishing a derogation from Implementing Regulation (EU) 2019/2072 as regards the requirements for the introduction into the Union of ash wood originating or processed in Canada	EUR 2020/918
Commission Implementing Regulation (EU) 2020/1002 of 9 July 2020 establishing a derogation from Implementing Regulation (EU) 2019/2072 as regards the requirements for introduction into the Union of ash wood originating or processed in the United States	EUR 2020/1002

EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 14 of the Retained EU Law (Revocation and Reform) Act 2023 (c.28) (“the Act”) provides a power to revoke specified retained EU law.

Regulation 2 and the Schedule provide for the subordinate legislation specified in Part 1 of the Schedule and the retained direct EU law specified in Part 2 of the Schedule to be revoked.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. A line-by-line explanation for the rationale for removal will be made available in the explanatory memorandum published on legislation.gov.uk which provides further detail on each piece of legislation specified in the Schedule to these Regulations.

(1)

2023 c.28.

(2)

See section 21 of the Act for the definition of “relevant national authority”.

(3)

This Commission Decision does not have a series number so as to allow for its citation in the usual way. The Official Journal reference for the EU version of the instrument is OJ No. C 346, 27.11.2013, p. 26.