Paragraph 5 Exercise of relevant functions

(1)

The regulator must exercise its relevant functions so as to ensure compliance with the following provisions of the IPPC Directive—

(a)

Article 3(1)(a) and (b);

(b)

Article 9(1) to (4);

(c)

Article 10;

(d)

Article 12;

(e)

Article 19(2).

(2)

But when interpreting the IPPC Directive for the purposes of this paragraph, the regulator must—

(a)

in Article 3(1), ignore the words “provide that the competent authorities”;

(b)

in Article 9(1) read—

(i)

the reference to “Article 3” as a reference to “Article 3(1)(a) and (b)”, and

(ii)

the words from “in order” to the end of the Article as “for the purpose of preventing or, where that is not practicable, reducing emissions into the air”;

(c)

in Article 9(3), ignore the words “and their potential to transfer pollution from one medium to another (water, air and land)”;

(d)

in Article 9(4)—

(i)

in the case of Part B mobile plant, ignore the words “its geographical location and the local environmental conditions”, and

(ii)

ignore the last sentence;

(e)

in the case of Part B mobile plant, ignore Article 12;

(f)

in Annex III, ignore the section headed “WATER”.