The Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019

omit “the Community Treaties or”; and,

after “agreement”, insert “or retained EU law”.

in the heading for “Community and other” substitute “retained EU obligations and”;

in paragraph (1)(a), for “Community” substitute “retained EU”; and,

in paragraph (2)(a), for “Community” substitute “retained EU”.

in paragraph (1), omit “or under any relevant instrument”;

in paragraph (2)(b), omit “or any relevant instrument”; and,

omit paragraph (5).

in the heading for “Community” substitute “retained EU obligations”;

in paragraph (1)(a), for “Community obligation” substitute “retained EU obligation”; and,

in paragraph (2)(a), for “Community obligation” substitute “retained EU obligation”.

in Part 1 for paragraph 4(2) substitute—

“(2)

The network must be designed so as to enable the United Kingdom as a whole to become self-sufficient in waste disposal as well as in the recovery of mixed municipal waste collected from private households taking into account geographical circumstances or the need for specialised installations for certain types of waste.”;

in Part 2, in paragraph 6(d), for “waste oils, hazardous waste, or waste streams addressed by specific European Union legislation” substitute “waste oils or hazardous waste”; and,

in Part 3, in paragraph 9(b), omit “, taking into account the need to maintain the smooth functioning of the internal market”.

in the heading for “Community” substitute “retained EU obligations”;

in paragraph (1)(a), for “any obligations of the United Kingdom under the Community treaties” substitute “retained EU obligations”.

for paragraph 3(b) substitute—

“(b)

directions given for the purposes of the implementation of—

(i)

any retained EU obligations;

(ii)

any obligations of the United Kingdom under any international agreement to which the United Kingdom is a party;”;

in paragraph 9B(1), for “the EU ETS Directive” substitute “retained EU obligations”;

in paragraph 9C, for “Regulation EU 2017/852 of the Council on mercury, and repealing Regulation (EC) No 1102/2008” substitute “retained EU obligations”;

in paragraph 20—

In paragraph 26 omit the definition of “the EU ETS Directive”.

after paragraph (2) insert—

“(2A)

For the purpose of these Regulations, a reference to the Directive is to be read as if any reference in that Directive to a member state or competent authority in a provision imposing an obligation on or providing a discretion to a member state or competent authority is to the Northern Ireland department which, immediately before exit day was responsible for compliance with that obligation or exercise of that discretion in Northern Ireland”.

in paragraph (2)(b), for the words “the Directive” substitute “relevant EU-derived domestic legislation^f1”;

in paragraph (3), for “Article 4 of the Directive” substitute “the relevant EU-derived domestic legislation”.

in paragraph 1—

in paragraph 2, at the end insert—

“(3)

for the purpose of paragraph (1)(a), a reference to Annex IV of the Directive is to be read as if the following were omitted—

(a)

in paragraph 4, the first indent;

(b)

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

(c)

paragraph 9.”.

in paragraph 9, after “the Community” insert “or, after exit day, into or out of the United Kingdom”;

after paragraph 10 insert—

• “Interpretation

• 11. A reference in this Schedule to an activity being authorised, prohibited or managed pursuant to, or subject to a permit or registration under, an EU Directive includes, after exit day, any activity authorised, prohibited or managed pursuant to, or subject to a permit or registration under, any retained EU obligations which transposed that Directive.”.

The amendments made by regulation 25(a) to paragraph 3(b) of Schedule 1 to the Environment (Northern Ireland) Order 2002 do not affect the validity, on or after exit day, of any direction given under that paragraph which has effect immediately before exit day, and such a direction may be varied (so as to make provision that could be made in a direction given under that relevant paragraph on or after exit day) or revoked.

The power to vary or revoke such a direction is subject to regulations 40 and 41 of the Pollution, Prevention and Control (Industrial Emission) Regulations (Northern Ireland) 2013^f1.

The amendment made by regulation 22 to Article 15(1)(b)(i) of the Environment (Northern Ireland) Order 2002 does not affect the validity, on or after exit day, of any regulations made under that section which have effect immediately before exit day.