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

PART 1U.K.Introductory

Citation, commencement, extent and applicationU.K.

1.—(1) These Regulations may be cited as the Environment (Amendment etc.) (EU Exit) Regulations 2019 and come into force on exit day.

(2) [F1Subject to sub-paragraph (2A),] an amendment made by Part 2 has the same extent as the provision amended.

[F2(2A) Regulation 4(3)(b)(iii) extends to England and Wales only.]

(3) An amendment made by Part 3 extends to England and Wales and applies to England only.

(4) Part 4 extends to Great Britain.

(5) A revocation made by Part 5 in respect of retained direct EU legislation in Part 1 of the Schedule extends to the United Kingdom.

(6) A revocation made by Part 5 in respect of subordinate legislation in Part 2 of the Schedule extends to England and Wales and applies to England only.

(7) A revocation made by Part 5 in respect of subordinate legislation in Part 3 of the Schedule has the same extent as the provision revoked.

PART 2E+W+SAmendment of primary legislation

The Environmental Protection Act 1990E+W+S

2.—(1) The Environmental Protection Act 1990 M1 is amended as follows.

(2) In section 7—

(a)in subsection (2)(b), for “obligations of the United Kingdom under the EU Treaties” substitute “ retained EU obligations ”;

(b)for subsection (12)(b) substitute—

“(b)retained EU law;”.

(3) In section 19(3), omit “the EU Treaties or”.

(4) In section 113(5), for “the implementation of Council Directive 90/220/EEC” substitute “ retained EU law which implemented Directive 2001/18/EC of the European Parliament and of the Council M2 ”.

(5) In section 116(2)—

(a)after “Secretary of State of” insert “ a function under retained EU law or ”;

(b)omit “the EU Treaties or”.

(6) Omit section 140(4)(a).

(7) In section 142(2)(a), after “State” insert “ or in the United Kingdom ”.

(8) In section 156—

(a)in the heading, for “EU and other” substitute “ retained EU obligations and ”;

(b)in subsection (1)(a), for “EU obligation” substitute “ retained EU obligation ”.

The Environment Act 1995E+W+S

3.—(1) The Environment Act 1995 M3 is amended as follows.

(2) In section 40 M4—

(a)in subsection (2)—

(i)in the opening words, omit “for the implementation of”;

(ii)for paragraph (a) substitute—

“(a)for securing that any retained EU obligation is met, or”;

(iii)in paragraph (b), at the beginning insert “ for the implementation of ”;

(b)in subsection (4)—

(i)in the opening words, omit “for the implementation of”;

(ii)for paragraph (a) substitute—

“(a)for securing that any retained EU obligation is met, or”;

(iii)in paragraph (b), at the beginning insert “ for the implementation of ”.

(3) In section 41 M5—

(a)in subsection (1)—

(i)paragraph (c) is omitted (as it applies in relation to England and as it applies in relation to Wales);

(ii)after paragraph (c) insert—

“(ca)as a means of recovering costs incurred by it in performing functions conferred by the Hazardous Waste (England and Wales) Regulations 2005, the Agency may require the payment to it of such charges as may from time to time be prescribed;

(cb)as a means of recovering costs incurred by it in performing functions conferred by the Hazardous Waste (Wales) Regulations 2005, the Natural Resources Body for Wales may require the payment to it of such charges as may from time to time be prescribed;”;

(iii)in paragraph (f) as it applies to England and Wales, for the words from “regulations made for the purposes of” to “(as amended from time to time)” substitute “ retained EU law which implemented Council Directive 2006/117/Euratom on the supervision and control of shipments of radioactive waste and spent fuel (as it had effect immediately before [F3IP completion day]) ”;

(iv)in paragraph (g), for the words from “regulations made for the purpose of” to “as amended from time to time,” substitute “ retained EU law which implemented Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators (as it had effect immediately before [F4IP completion day]) ”;

(v)after paragraph (k) insert—

“(l)as a means of recovering costs incurred by it in performing functions conferred by Regulation (EC) No 1005/2009 on substances that deplete the ozone layer, the Agency, the Natural Resources Body for Wales or SEPA may require the payment to it of such charges as may from time to time be prescribed;

(m)as a means of recovering costs incurred by it in performing functions conferred by Regulation (EU) No 517/2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006, the Agency, the Natural Resources Body for Wales or SEPA may require the payment to it of such charges as may from time to time be prescribed;”;

(b)in subsection (2)(g), for “obligations of the United Kingdom under the EU Treaties” substitute “ retained EU obligation ”.

(4) In section 41A(1) M6, for paragraph (a) substitute—

“(a)as a means of recovering costs incurred by it in performing functions conferred under or by virtue of—

(i)the Greenhouse Gas Emissions Trading Scheme Regulations 2005 (S.I. 2005/925) M7;

(ii)the Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2010 (S.I. 2010/1996) M8;

(iii)the Greenhouse Gas Emissions Trading Scheme Regulations 2012 (S.I. 2012/3038) M9.”.

(5) In section 56(1) M10—

(a)in the definition of “environmental licence” in relation to an appropriate agency—

(i)in paragraph (aa)(i), for “regulations made for the purpose of implementing the EU ETS Directive” substitute “ the Greenhouse Gas Emissions Trading Scheme Regulations 2005 (S.I. 2005/925) and the Greenhouse Gas Emissions Trading Scheme Regulations 2012 (S.I. 2012/3038) ”;

(ii)in paragraph (h), for “any provision which gives effect in England and Wales to” substitute “ retained EU law which, in England and Wales, implemented ”;

(b)in the definition of “environmental licence” in relation to SEPA, in paragraph (ja), for the words from “or accumulators to” to the end, substitute “ (including accumulators) as defined in regulation 2 of those Regulations, and where those batteries have been collected in accordance with Article 8 of Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators ”;

(c)omit the definition of “the EU ETS Directive”.

(6) In section 80(2)—

(a)in the opening words, omit “implementing”;

(b)for paragraph (a) substitute—

“(a)securing that any retained EU obligation is met, or”;

(c)in paragraph (b), at the beginning insert “ the implementation of ”.

(7) In section 85(5)—

(a)in the opening words, omit “for the implementation of”;

(b)for paragraph (a) substitute—

“(a)for securing that any retained EU obligation is met, or”;

(c)in paragraph (b), at the beginning insert “ for the implementation of ”.

(8) In section 86(8)—

(a)in the opening words, omit “for the implementation of”;

(b)for paragraph (a) substitute—

“(a)for securing that any retained EU obligation is met, or”;

(c)in paragraph (b), at the beginning insert “ for the implementation of ”.

(9) In section 87(1)(b)—

(a)omit “, implementing”;

(b)for sub-paragraph (i) substitute—

“(i)securing that any retained EU obligation is met, or”;

(c)in sub-paragraph (ii), at the beginning insert “ the implementation of any ”.

(10) In section 93(3)(a), for “obligations of the United Kingdom under the EU Treaties” substitute “ retained EU obligations ”.

(11) In section 94(2)(a)(i), for “obligations of the United Kingdom under the EU Treaties” substitute “ retained EU obligations ”.

(12) In section 108(15) M11—

(a)in the definition of “pollution control functions” in relation to the Agency, the Natural Resources Body for Wales or SEPA, for paragraph (m) substitute—

(b)in the definition of “pollution control functions” in relation to a local enforcing authority, for paragraph (c) substitute—

(13) In section 111(5) M12, for the definition of “relevant regulations” substitute—

““relevant regulations” means—

(a)the Greenhouse Gas Emissions Trading Scheme Regulations 2005 (S.I. 2005/925);

(b)the Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2010 (S.I. 2010/1966);

(c)the Greenhouse Gas Emissions Trading Scheme Regulations 2012 (S.I. 2012/3038).”.

(14) In section 122—

(a)for subsection (3) substitute—

“(3) Subsections (4) and (5) apply to any direction which is—

(a)given to—

(i)the Agency or SEPA under any provision of this Act or any other enactment, or

(ii)any other body or person under any provision of this Act, and

(b)to any extent given—

(i)before [F5IP completion day], for the implementation of any obligation of the United Kingdom under the EU Treaties, or

(ii)for securing that any retained EU obligation is met.”;

(b)in subsection (4), for the words from “the obligations mentioned” to “continue to be implemented” substitute “ any relevant retained EU obligation continues to be met ”.

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

4.—(1) Schedule 1 to the Pollution Prevention and Control Act 1999 M13 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)[F6after paragraph (c) insert—

“(d)Council Directive 87/217/EEC on the prevention and reduction of environmental pollution by asbestos M14;

(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 M15;

(f)Council Directive 1999/31/EC on the landfill of waste M16, as last amended by Directive 2011/97/EU M17;

(g)Directive 2000/53/EC of the European Parliament and of the Council on end-of life vehicles M18, as last amended by Directive (EU) 2017/2096 M19;

(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 M20;

(i)Directive 2001/81/EC of the European Parliament and of the Council on national emission ceilings for certain atmospheric pollutants M21;

(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 M22;

(k)Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries M23;

(l)Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators M24, as last amended by Directive 2013/56/EU M25;

(m)Directive 2006/118/EC of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration M26;

(n)Directive 2008/98/EC of the European Parliament and of the Council on waste M27, as last amended by Regulation (EU) 2017/997 M28;

(o)Directive 2009/31/EC of the European Parliament and of the Council on the geological storage of carbon dioxide M29;

(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 M30;

(q)Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) M31;

(r)Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE) M32, 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 M33;

(t)Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation M34;

(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 M35.”.]

[F7(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.”.

PART 3E+WAmendment of subordinate legislation

The Contaminated Land (England) Regulations 2006E+W

5.—(1) Regulation 3 of the Contaminated Land (England) Regulations 2006 M36 is amended as follows.

(2) The existing paragraph is renumbered as paragraph (1).

(3) In paragraph (1) as renumbered, for sub-paragraph (b)(ii) (but not the final “or”) substitute—

“(ii)for controlled waters that are designated as shellfish water protected areas or bathing waters, those waters do not meet the environmental objectives that apply to them;”.

(4) After paragraph (1) as renumbered insert—

“(2) In this regulation—

“the Northumbria WFD Regulations” means the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003 M37;

“the Solway Tweed WFD Regulations” means the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 M38;

“the WFD Regulations” means the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 M39;

“a bathing water” has the same meaning as in the Bathing Water Regulations 2013 M40;

“environmental objectives”—

“shellfish water protected area”—

The Environmental Noise (England) Regulations 2006E+W

6.—(1) The Environmental Noise (England) Regulations 2006 M41 are amended as follows.

(2) In regulation 2—

(a)in paragraph (3), for “as amended from time to time” substitute “ as it had effect immediately before [F8IP completion day]”;

(b)at the end insert—

“(4) For the purposes of these Regulations, the Directive is to be read as if a reference to one or more member States were a reference to the Secretary of State.”.

(3) In regulation 4, after paragraph (2) insert—

“(2A) For the purposes of paragraph (2)(a), a reference to Annex 1 of the Directive is to be read as if, in paragraph 1, in the fourth indent that begins “the day is 12 hours”, the words from “The Member” to the end were omitted.”.

(4) For regulation 15(1)(a) substitute—

“(a)aim to prevent and reduce environmental noise where necessary and particularly where exposure levels can induce harmful effects on human health;

(aa)aim to preserve environmental noise quality where it is good;”.

(5) In regulation 22—

(a)in paragraph (2)(b), for the words “the Directive” substitute “ relevant retained EU law M42 ”;

(b)in paragraph (3), for “Article 4 of the Directive” substitute “ the relevant retained EU law ”.

(6) In regulation 26(4)(b)—

(a)in paragraph (i) omit “; or”;

(b)omit paragraph (ii).

(7) In Schedule 1—

(a)in paragraph 1—

(i)the existing text is renumbered as sub-paragraph (1);

(ii)at the end insert—

“(2) For the purposes of sub-paragraph (1), the reference to paragraphs 1.5, 1.6 and 2.6 of Annex 6 of the Directive is to be read with the following modifications—

(a)in paragraphs 1.5 and 1.6, as if the reference in those paragraphs to “major roads”, “major railways” and “major airports” as defined in Article 3 of the Directive were to “major road”, “major railway” and “major airport” as defined in regulation 2(2) of these Regulations;

(b)in paragraphs 1.6 and 2.6, as if the words from “These data” to “Article 11(1).” were omitted.”;

(b)in paragraph 2, at the end insert—

“(3) Further, in applying paragraph (1)(a) the following provisions of Annex 4 of the Directive are to be ignored—

(a)in paragraph 4, the first indent;

(b)in paragraph 5, the words from “concerning” to “Commission”;

(c)paragraph 9.”.

The Environmental Damage (Prevention and Remediation) (England) Regulations 2015E+W

7.—(1) The Environmental Damage (Prevention and Remediation) (England) Regulations 2015 M43 are amended as follows.

(2) For regulation 3 substitute—

“3.—(1) For the purposes of these Regulations, a reference in any EU instrument referred to in these Regulations—

(a)to the “European Union” or otherwise to the area to which that instrument applies is to be taken to include the United Kingdom;

(b)to a “Member State” is to be taken to include the United Kingdom.”.

(3) In Schedule 1, in paragraph 1(e), for “or in the European Union as a whole” substitute “ , national or in their natural range ”.

(4) In Schedule 2—

(a)after paragraph 1 insert—

“Interpretation

1A.  A reference in this Schedule to an activity being authorised, prohibited or managed pursuant to, or subject to a permit or registration under, a Directive includes, after [F9IP completion day], any activity authorised, prohibited or managed pursuant to, or subject to a permit or registration under, any retained EU law which transposed that Directive.”;

(b)in paragraph 10, after “the Community” insert “ or into or out of the United Kingdom ”.

PART 4E+W+SSavings

SavingsE+W+S

8.—(1) The amendments made by regulation 3(2), (7) and (8) to sections 40(2)(a), 85(5)(a) and 86(8)(a) of the Environment Act 1995 do not affect the validity, after [F10IP completion day], of any direction given under those sections which has effect immediately before [F10IP completion day], and such a direction may be—

(a)varied so as to make any provision that could be made in a direction given under the relevant section after [F10IP completion day], or

(b)revoked.

(2) The power to vary or revoke such a direction is subject to section 122(4) and (5) of the Environment Act 1995.

(3) The amendment made by regulation 3(9) to section 87(1)(b)(i) of the Environment Act 1995 does not affect the validity, after [F11IP completion day], of any regulations made under that section which have effect immediately before [F11IP completion day].

PART 5U.K.Revocations

RevocationsU.K.

9.  The following instruments are revoked—

(a)the retained direct EU legislation referred to in Part 1 of the Schedule;

(b)the subordinate legislation referred to in Parts 2 and 3 of the Schedule.