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 Welsh Ministers ”;

(bb)

the words “to the Commission” were omitted;

(ii)

section C is to be read as if—

(aa)

at each place it occurs, for “harmonised” there were substituted “ designated ”;

(bb)

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

(cc)

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

(dd)

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

(ee)

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

(ff)

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

(gg)

points (v) and (vi) were omitted;

(hh)

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

(c)

in Annex 2, in Section B, the second subparagraph is to be read as if for “Member States” there were substituted “ the Welsh Ministers ”;

(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) to the table are to be read as if for “a 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 Welsh Ministers ”;

(bb)

for “it” there were substituted “ they ”;

(cc)

for “the Member State concerned” there were substituted “ the Welsh Ministers ”;

(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 retained EU law ”.

(2)

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

(a)

in Annex 2, in Section 2, the second paragraph is to be read as if for “Member States” there were substituted “ the Welsh Ministers ”;

(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; and

(c)

in Annex 4, Section 1 is to be read as if for “Member State”, in each place the words occur, there were substituted “ the Welsh Ministers ”;

(d)

Annex 5 is to be read as if—

(i)

in Section 1, in the second paragraph, for “A Member State” there were substituted “ The Welsh Ministers ”;

(ii)

in Section 2—

(aa)

in the first paragraph, for “Member States are allowed to” there were substituted “ the Welsh Ministers may ”;

(bb)

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

(iii)

in Section 3, in the second paragraph for “A Member State” there were substituted “ The Welsh Ministers ”;

(iv)

Section 5 were omitted.

Annotations

Textual amendments

F1: Reg. 2A inserted (31.12.2020) by The Air Quality Standards (Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/390), regs. 1(1), 2(3); 2020 c. 1, Sch. 5 para. 1(1)