Regulation 25 Amendment to the Environment (Northern Ireland) Order 2002
In Schedule 1––
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 sub-paragraph (1)(b) substitute—
“(b)any provision (not being a provision within any of paragraphs 1 to 19) that might be made by an Act of Parliament in connection with the relevant directives, other than provision—
(i)imposing or increasing taxation;
(ii)taking effect from a date earlier than that of the making of the regulations containing the provision;
(iii)conferring any power to legislate by means of orders, rules, regulations or other subordinate instrument, other than rules of procedure for any court or tribunal;
(iv)creating any new criminal offence punishable with imprisonment for more than two years or punishable on summary conviction with imprisonment for more than three months or with a fine.”;
in sub-paragraph (2)—
omit paragraph (c);
for paragraph (d) substitute—
“(d)Council Directive 87/217/EEC on the prevention and reduction of environmental pollution by asbestosf1;”;
after paragraph (d) add—
“(e)European Parliament and Council Directive 94/63/EC on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stationsf2;
(f)Council Directive 1999/31/EC on the landfill of wastef3 as last amended by Directive 2011/97/EUf4;
(g)Directive 2000/53/EC of the European Parliament and of the Council on end-of life vehiclesf5 as last amended by Directive (EU) 2017/2096f6;
(h)Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policyf7;
(i)Directive 2001/81/EC of the European Parliament and of the Council on national emission ceilings for certain atmospheric pollutantsf8;
(j)Directive 2003/35/EC of the European Parliament and of the Council on environmental liability with regard to the prevention and remedying of environmental damagef9;
(k)Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industriesf10;
(l)Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulatorsf11, as last amended by Directive 2013/56/EUf12;
(m)Directive 2006/118/EC of the European Parliament and of the Council (on the protection of groundwater against pollution and deterioration)f13;
(n)Directive 2008/98/EC of the European Parliament and of the Council of wastef14, as last amended by Regulation (EU) 2017/997f15;
(o)Directive 2009/31/EC of the European Parliament and of the Council on the geological storage of carbon dioxidef16;
(p)Directive 2009/126/EC of the European Parliament and of the Council on stage II petrol vapour recovery during refuelling of motor vehicles at service stationsf17;
(q)Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control)f18;
(r)Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE)f19, as it had effect immediately before 4th July 2018;
(s)Directive 2012/27/EU of the European Parliament and of the Council on Energy efficiencyf20;
(t)Directive 2013/59/EURATOM laying down basic safety standards for protection against the dangers arising from exposure to ionising radiationf21;
(u)Directive 2015/2193/EU of the European Parliament and of the Council on the limitation of emissions of certain pollutants into the air from medium combustion plantsf22;
(v)any other directive of the Council of the European Community designated by order for the purposes of this paragraph as in force on exit day.”;
after sub-paragraph (2), insert—
“(2A)In sub-paragraph (1)(b)(iii), “power to legislate” does not include any power to—
(a)amend or extend a power to legislate conferred other than under this paragraph;
(b)give directions as to matters of administration.”.
In paragraph 26 omit the definition of “the EU ETS Directive”.
Annotations
Footnotes
- f1
-
OJ No L 85, 28.3.1987, p. 40, as last amended by Decision (EU) 2018/853 (OJ No L 150, 14.6.2018, p. 155)
- f2
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OJ No L 365, 31.12.1994, p. 24, as last amended by Decision (EU) 2018/853 (OJ No L 150, 14.6.2018, p. 155)
- f3
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OJ No L 182, 16.7.1999, p. 1
- f4
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OJ No L 328, 10.12.2011, p. 49
- f5
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OJ No L 269, 21.10.2000, p. 34
- f6
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OJ No L 299, 16.11.2017, p. 24
- f7
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OJ No L 327, 22.12.2000, p. 1, as last amended by Directive 2014/101/EU (OJ No L 311, 31.10.2014, p. 32)
- f8
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OJ No L 309, 27.11.2001, p. 22, as last amended by Directive (EU) 2016/2284 (OJ No L 344, 17.12.2016, p. 1)
- f9
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OJ No L 156, 25.6.2003, p. 17, as last amended by Directive (EU) 2016/2284 (OJ No L 344, 17.12.2016, p. 1)
- f10
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OJ No L 102, 11.4.2006, p. 15, as last amended by Regulation (EC) No 596/2009 (OJ No L 188, 18.7.2009, p. 14)
- f11
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OJ No L 266, 26.9.2006, p. 1
- f12
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OJ No L 329, 10.12.2013, p. 5
- f13
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OJ No L 372, 27.12.2006, p. 19, as last amended by Directive 2014/80/EU (OJ No L 182, 21.6.2014, p. 52)
- f14
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OJ No L 312, 22.11.2008, p. 3
- f15
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OJ No L 150, 14.6.2017, p. 1
- f16
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OJ No L 140, 5.6.2009, p. 114, as last amended by Decision (EU) 2018/853 (OJ No L 150, 14.6.2018, p. 155)
- f17
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OJ No L 285, 31.10.2009, p. 36
- f18
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OJ No L 334, 17.12.2010, p. 17, as corrected by Corrigendum to Council Directive 2010/75/EU (OJ No L 158, 19.6.2012, p. 25)
- f19
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OJ No L 197, 24.7.2012, p. 38
- f20
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OJ No L 315, 14.11.2012, p. 1, as last amended by Directive (EU) 2018/844 (OJ No L 156, 19.6.2018, p. 75)
- f21
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OJ No L 13, 17.1.2014, p. 1, as corrected by Corrigendum to Council Directive 2013/59/Euratom (OJ No L 72, 17.3.2016, p. 69)
- f22
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OJ No L 313, 28.11.2015, p. 1