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Regulation 24A Decision (EU) 2019/2010 establishing the best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council, for waste incinerationF1I1

(1)

Decision (EU) 2019/2010 establishing the best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council, for waste incineration is amended as follows.

(2)

For Article 2 substitute—

“Article 2

Application and Interpretation

1.

The BAT conclusions referred to in Article 1 apply in the United Kingdom but not in so far as they relate to an activity that comes within the scope of a NI Protocol obligation.

2.

In this Decision—

  • “BAT conclusions” has the meaning given in Article 2 of Decision 2012/134/EU establishing the best available techniques (BAT) conclusions under Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions for the manufacture of glass (“Decision 2012/134/EU”);

  • “best available techniques” has the meaning given in Article 2 of Decision 2012/134/EU;

  • “NI Protocol obligation” means any obligation created or arising under Article 9 of, and Annex 4 to, the Northern Ireland Protocol as regards Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions, whether or not it is an obligation to which section 7A(2) of the European Union (Withdrawal) Act 2018 applies;

  • “Northern Ireland Protocol” means the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement.

3.

For the purpose of this Decision a reference to a provision of a Directive is to be read as a reference to that provision in so far as it has been transposed into the law of any part of the United Kingdom.”.

Annotations

Textual amendments

F1

Reg. 24A inserted (31.12.2020 immediately before IP completion day) by The Air Quality (Amendment) (Northern Ireland Protocol) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1352), regs. 1, 2(4)

Commencement

I1

Reg. 24A in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1