Regulation 2 Regulation (EC) No 850/2004 of the European Parliament and of the Council on persistent organic pollutants

(1)

Regulation (EC) No 850/2004 of the European Parliament and of the Council on persistent organic pollutants is amended as follows.

(2)

After Article 2(1)(i)^f1 insert—

“(j)
‘appropriate authority’ is to be read in accordance with Article 7(8) and (9).”.

(3)

In Article 7—

(a)

in paragraph 4(a)—

(i)

in the first sentence—

(aa)

for “Community legislation” substitute “retained EU law”;

(bb)

omit “to be”;

(ii)

for the second sentence substitute—

“The appropriate authority may, by regulations, amend Annex 4 so as to establish or modify a concentration limit for a substance listed in that Annex.”;

(iii)

in the third sentence—

(aa)

for “procedure” substitute “regulations”;

(bb)

omit “of a Member State”;

(b)

in paragraph 5, in the first subparagraph—

(i)

in the first sentence, for “Commission” substitute “appropriate authority”;

(ii)

for the second sentence substitute—

“The appropriate authority may, by regulations, amend Annex 5 so as to establish or modify a concentration limit for a substance listed in that Annex.”;

(c)

in paragraph 6—

(i)

in the first sentence—

(aa)

for “Commission” substitute “appropriate authority”;

(bb)

for the words from “a Member State” to “adopt” substitute “the competent authority, by regulations, prescribe”;

(ii)

in the second sentence—

(aa)

for “Commission” substitute “appropriate authority”;

(bb)

for “Member States” substitute “the competent authority”;

(iii)

omit the third sentence;

(d)

at the end insert—

“8.

In this Regulation, “appropriate authority” means—

(a)
for regulations applying in relation to England, the Secretary of State;

(b)
for regulations applying in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

(c)
for regulations applying in relation to Scotland, the Scottish Ministers;

(d)
for regulations applying in relation to Wales, the Welsh Ministers.

9.

But the appropriate authority is the Secretary of State if consent is given by —

(a)
for regulations applying in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

(b)
for regulations applying in relation to Scotland, the Scottish Ministers;

(c)
for regulations applying in relation to Wales, the Welsh Ministers.”.

(4)

In Article 14—

(a)

in paragraphs 1 and 2—

(i)

in the first subparagraph, for “Commission” substitute “appropriate authority”;

(ii)

omit the second subparagraph;

(b)

for paragraph 3 substitute—

“3.

The appropriate authority shall, where appropriate, amend the existing entries in Annexes 1, 2 and 3, including for the purpose of adapting to scientific and technical progress.”;

(c)

for paragraph 4 substitute—

“4.

The appropriate authority shall, where appropriate, amend the existing entries in Annex 4 or amend Annex 5, including for the purpose of adapting to scientific and technical progress.”;

(d)

after paragraph 4 insert—

“5.

In this Article, “amend” means amend by regulations.”.

(5)

For Articles 16 and 17 substitute—

“Article 16
Regulations

1.

Regulations made by the Secretary of State or the Welsh Ministers under Article 7 or 14 are to be made by statutory instrument.

2.

For regulations made by the Scottish Ministers under Article 7 or 14, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010^f2.

3.

Any power of the Department of Agriculture, Environment and Rural Affairs to make regulations under Article 7 or 14 is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979^f3.

4.

A statutory instrument containing regulations made by the Secretary of State under Article 7 or 14 is subject to annulment in pursuance of a resolution of either House of Parliament.

5.

A statutory instrument containing regulations made by the Welsh Ministers under Article 7 or 14 is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

6.

Regulations made by the Scottish Ministers under Article 7 or 14 are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

7.

Regulations made by the Department of Agriculture, Environment and Rural Affairs under Article 7 or 14 are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954^f4 as if they were a statutory instrument within the meaning of that Act.

8.

Regulations made under this Regulation may—

(a)
contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018));

(b)
make different provision for different purposes.”.

Annotations

Footnotes

f1: The existing paragraph in Article 2 became paragraph 1 of that Article by virtue of S.I. 2018/1405. Article 2(1)(i) was inserted by that instrument.
f2: 2010 asp 10.
f3: S.I. 1979/1573 (N.I. 12).
f4: 1954 c. 33 (N.I.). Section 41(6) was amended by S.I. 1999/663.