Regulation 2A InterpretationF1

(1)

When interpreting Directive 2008/50/EC for the purposes of these Regulations—

(a)

Article 3(f) is to be read as if for “other Member States” there were substituted “ member States ”;

(b)

in Annex 1—

(i)

in section A, footnote (1) is to be read as if—

(aa)

for “Member States” there were substituted “ the Secretary of State ”;

(bb)

for “they” there were substituted “ the Secretary of State ”;

(cc)

the words “to the Commission” were omitted;

(ii)

section C is to be read as if—

(aa)

at each place it occurs, a reference to “harmonised” there were substituted a reference to “designated”;

(bb)

in paragraph 1, for “appropriate competent authorities and bodies designated pursuant to Article 3” there were substituted “ the Secretary of State ”;

(cc)

in point (i), the words “pursuant to Articles 6 and 9” were omitted;

(dd)

in point (iii), the words from “and that institutions” to the end of that point were omitted;

(ee)

in point (iv), in the first sentence, the words from “by the appropriate” to “Article 3” were omitted;

(ff)

in point (iv), in the first sentence, the words from “the reference to” to “the European Union” were omitted;

(gg)

in point (iv), the second sentence, the words from “for the coordination” to “be responsible” were omitted;

(hh)

points (v) and (vi) were omitted;

(ii)

in paragraph 2 for “All reported data under Article 27” there were substituted “ all data ”;

(c)

in Annex 2, in section B, the second paragraph is to be read as if for “Member States” there were substituted “ the Secretary of State ”;

(d)

in Annex 3, in section A, paragraph 2(b) is to be read as if the words “In accordance with Article 2(1)” were omitted;

(e)

in Annex 5, in section A, footnotes (1) and (2) are to be read as if for “Member State”, in each place where the words occur, there were substituted “ the United Kingdom ”;

(f)

in Annex 6, section B is to be read as if—

(i)

in point 1—

(aa)

for “A Member State” there were substituted “ the Secretary of State ”;

(bb)

for “it” there were substituted “ the Secretary of State ”;

(cc)

for “the Member State concerned” there were substituted “ the Secretary of State ”;

(ii)

points 2, 3 and 4 were omitted;

(g)

in Annex 8, in section A, the paragraph after the table is to be read as if after the words “in the Community” there were inserted “ in so far as it forms part of F2assimilated law ”.

(2)

When interpreting Directive 2004/107/EC for the purposes of these Regulations—

(a)

in Annex 2, in section 2 (determination of exceedances of upper and lower assessment thresholds), the second paragraph is to be read as if for “Member States” there were substituted “ the Secretary of State ”;

(b)

in Annex 3, in section 4, point (b) is to be read as if the words “as defined by Article 2(11) of Directive 96/61/EC” were omitted;

(b)

in Annex 4—

(i)

in section I (data quality objectives), the fifth and sixth paragraphs are to be read as if—

(aa)

for “Member State”, in each place where the words occur, there were substituted “ the Secretary of State ”;

(bb)

for “they”, in each place where the words occur, there were substituted “ the Secretary of State ”;

(c)

Annex 5 is to be read as if—

(i)

in section 1 (reference method for the sampling and analysis of arsenic, cadmium and nickel in ambient air), in the second paragraph, for “A Member State” there were substituted “ The Secretary of State ”;

(ii)

in section 2 (reference method for the sampling and analysis of polycyclic aromatic hydrocarbons in ambient air)—

(aa)

in the first paragraph, for “Member States are allowed to” there were substituted “ the Secretary of State may ”;

(bb)

in the second paragraph, for “A Member State” there were substituted “ The Secretary of State ”;

(iii)

in section 3 (reference method for the sampling and analysis of mercury in ambient air), in the second paragraph, for “A Member State” there were substituted “ The Secretary of State ”;

(iv)

section 5 were omitted.

Annotations

Textual amendments

F1: Reg. 2A inserted (31.12.2020) by The Air Quality (Amendment of Domestic Regulations) (EU Exit) Regulations 2019 (S.I. 2019/74), regs. 2(b), 4(2); 2020 c. 1, Sch. 5 para. 1(1)
F2: Word in reg. 2A(1)(g) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 19