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The Environment (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2019

S.I. 2019/559 · Made 20 March 2019 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2020.

Exiting The European Union

Environmental Protection

Pesticides

Water Resources, England And Wales

Wildlife

Sift requirements satisfied 28th February 2019

Made 20th March 2019

Laid before Parliament 22nd March 2019

Coming into force in accordance with regulation 1

The Secretary of State, in exercise of the powers conferred by sections 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 M1, makes the following Regulations.

The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

Annotations to the whole text

Marginal citations

M1

2018 c. 16.

Contents

  1. Part 1: Introduction
  2. 1Citation, commencement and extent
  3. Part 2: Amendment of secondary legislation
  4. 2The Trade in Endangered Species of Wild Fauna and Flora (Amendment) (EU Exit) Regulations 2018 Not yet in force
  5. 3The Environmental Permitting (England and Wales) (Amendment) (EU Exit) Regulations 2019
  6. 4The Control of Mercury (Amendment) (EU Exit) Regulations 2019
  7. 5The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019
  8. 6The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019
  9. 7The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019
  10. Part 3: Amendment of retained direct EU legislation
  11. 8Commission Regulation (EC) No 865/2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein Not yet in force
  12. 9Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market
  13. 10Commission Regulation (EU) No 546/2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards uniform principles for evaluation and authorisation of plant protection products
  14. 11Commission Implementing Regulation (EU) No 844/2012 setting out the provisions necessary for the implementation of the renewal procedure for active substances, as provided for in Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market
  15. Part 4: Revocations and saving
  16. 12Revocations and saving
  17. Signature
  18. Schedule: Revocations
  19. 1Paragraph 1
  20. 2Paragraph 2
  21. 3Paragraph 3
  22. 4Paragraph 4
  23. 5Paragraph 5
  24. 6Paragraph 6
  25. 7Paragraph 7
  26. 8Paragraph 8
  27. 9Paragraph 9
  28. 10Paragraph 10
  29. 11Paragraph 11
  30. 12Paragraph 12
  31. 13Paragraph 13
  32. 14Paragraph 14
  33. 15Paragraph 15
  34. 16Paragraph 16
  35. 17Paragraph 17
  36. 18Paragraph 18
  37. Explanatory note

1Citation, commencement and extentI1

(1)

These Regulations may be cited as the Environment (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2019.

(2)

Regulations 2 to 7 and this regulation come into force immediately before exit day.

(3)

Regulations 8 to 12 and the Schedule come into force on exit day.

(4)

An amendment made by regulations 2 to 7 has the same extent as the provision being amended.

2The Trade in Endangered Species of Wild Fauna and Flora (Amendment) (EU Exit) Regulations 2018F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3The Environmental Permitting (England and Wales) (Amendment) (EU Exit) Regulations 2019I1 E+W

(1)

The Environmental Permitting (England and Wales) (Amendment) (EU Exit) Regulations 2019 M1 are amended as follows.

(2)

In regulation 2—

(a)

omit paragraph (11)(b)(i);

(b)

in paragraph (17)(b)(i)—

(i)

in the words before sub-paragraph (aa), for “for” substitute “ in ”;

(ii)

omit sub-paragraph (aa);

(c)

omit paragraph (18)(b)(i).

(3)

In the Schedule, in the text of new Schedule 1A, after paragraph 6(5) insert—

“(5A)

Article 9 is to be read as if—

(a)

in paragraph 2, for “Member States” there were substituted “ the competent authority ”;

(b)

in paragraph 4, for the words from “to 3 shall not” to the end, substitute “and 2 and the references to Annex 1 to Directive 2003/87/EC in both are to be read as if for “in a storage site permitted under Directive 2009/31/EC M2” in each place in which those words occur in that Annex, there were substituted “ in a storage site permitted under Chapter 3 of Part 1 of the Energy Act 2008 M3 or other domestic legislation which immediately before F1IP completion day implemented Directive 2009/31/EC ””.

4The Control of Mercury (Amendment) (EU Exit) Regulations 2019I1

In the Control of Mercury (Amendment) (EU Exit) Regulations 2019 M1, in regulation 12(5), omit sub-paragraph (a).

5The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019I1 E+W

In the Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 M1, in regulation 21—

(a)

for paragraph (a) substitute—

“(a)

for paragraph (a) substitute—

“(a)

a European site within the meaning of regulation 8(1)(e) of the 2017 Regulations;”;”;

(b)

in paragraph (b), for the words from “, for the words from” to the end substitute “for “ regulation 13 ” substitute “regulation 12” ”.

6The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019I1

In the Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 M1, in Schedule 1, omit paragraph 4(2)(h)(i) and (3)(a)(iv).

7The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019I1

(1)

The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 M1 are amended as follows.

(2)

Omit regulation 5(24).

(3)

In regulation 13(2), in the text of Article 80—

(a)

in paragraph 2D(b), for “point (b)(i)” substitute “ point (c)(i) ”;

(b)

in paragraph 2E(b), for “point (b)(ii)” substitute “ point (c)(ii) ”.

(4)

In regulation 15(3)(c), in the text of point (h), for “Article 15(1)” substitute “ Article 15(1A) ”.

(5)

In regulation 16(2), in the text of Article A1(1)(c), in the words before point (i), for “to” in the second place it occurs substitute “ as regards ”.

(6)

Omit regulations 18(8)(c)(xvii) and 20(14).

(7)

In Schedule 1, in paragraph 7—

(a)

in sub-paragraph (5), at the end insert “ with the agreement of that competent authority ”;

(b)

in sub-paragraph (8), in the definition of “assessing competent authority”, for “Article 15(1)” substitute “ Article 15(1A) ”.

8Commission Regulation (EC) No 865/2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade thereinF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the marketI1

In Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, in Article 46, in the first paragraph, for “Member State” substitute “ competent authority ”.

10Commission Regulation (EU) No 546/2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards uniform principles for evaluation and authorisation of plant protection productsI1

In the Annex to Commission Regulation (EU) No 546/2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards uniform principles for evaluation and authorisation of plant protection products, in Part 1, in Part C, in point 2.6.2(v), in the table heading, for “or EU” substitute “ MRL or ”.

11Commission Implementing Regulation (EU) No 844/2012 setting out the provisions necessary for the implementation of the renewal procedure for active substances, as provided for in Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the marketI1

(1)

Commission Implementing Regulation (EU) No 844/2012 setting out the provisions necessary for the implementation of the renewal procedure for active substances, as provided for in Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market is amended as follows.

(2)

In Article 11a, for “rapporteur Member State” in both places it occurs substitute “ assessing competent authority ”.

(3)

In Article 13(3a)—

(a)

in the first subparagraph—

(i)

in the first sentence—

(aa)

for “Authority” in the first, second and third places it occurs substitute “ assessing competent authority ”;

(bb)

for “Member States” in the first place it occurs substitute “ other competent authorities ”;

(cc)

for the words from “rapporteur Member State” to “Authority” in the fourth place it occurs substitute “ assessing competent authority and the other competent authorities ”;

(ii)

in the second sentence—

(aa)

for “Authority” substitute “ assessing competent authority ”;

(bb)

omit “the rapporteur Member State and”;

(b)

in the second subparagraph, for “Authority” substitute “ assessing competent authority ”;

(c)

in the third subparagraph—

(i)

in the first sentence, for “Authority, in consultation with the Member States,” substitute “ assessing competent authority ”;

(ii)

in the second sentence—

(aa)

for “Authority” in the first place it occurs substitute “ assessing competent authority ”;

(bb)

for the words from “rapporteur” to “Authority” in the second place it occurs substitute “ assessing competent authority and the other competent authorities ”;

(d)

in the fifth subparagraph—

(i)

for “Authority” substitute “ assessing competent authority ”;

(ii)

for the words from “, the rapporteur” to “Member States” substitute “ and the other competent authorities ”;

(e)

in the sixth subparagraph—

(i)

in the first sentence—

(aa)

for “rapporteur Member State” substitute “ assessing competent authority ”;

(bb)

for the words from “send its” to “form of” substitute “ circulate to the other competent authorities and the applicant ”;

(ii)

in the second sentence—

(aa)

for “Authority” substitute “ assessing competent authority ”;

(bb)

for “all the Member States” substitute “ the other competent authorities ”;

(iii)

in the third sentence—

(aa)

for “Authority” substitute “ assessing competent authority ”;

(bb)

for “receipt” substitute “ circulation ”.

(4)

In Article 14—

(a)

in the heading, for “report and renewal Regulation” substitute “ decision ”;

(b)

for paragraph 1 substitute—

“

1

Article 20 of Regulation (EC) No 1107/2009 applies.

1za

Paragraph 1a applies in relation to an application where—}

(a)

paragraph 7 of Schedule 1 to the Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 applies in relation to that application, and

(b)

the European Food Safety Authority adopted a conclusion in relation to that application before 10th November 2018 in accordance with Article 13.”;

(c)

in paragraph 1a—

(i)

omit the first subparagraph;

(ii)

in the second subparagraph—

(aa)

for the words from the beginning to “Member State,” in the first place it occurs substitute “ For the purposes of assessment of the approval criteria set out in points 3.6.5 and 3.8.2 of Annex 2 to Regulation (EC) No 1107/2009, the assessing competent authority may ”;

(bb)

for the words from “rapporteur” in the second place it occurs to “Authority” in the second place it occurs substitute “ assessing competent authority and the other competent authorities ”;

(cc)

for “Authority” in the third place it occurs substitute “ assessing competent authority ”;

(dd)

omit “ the rapporteur Member State and”;

(iii)

in the third subparagraph, for “Authority” substitute “ assessing competent authority ”;

(iv)

in the fourth subparagraph—

(aa)

for “Authority, in consultation with the Member States,” substitute “ assessing competent authority ”;

(bb)

for “Authority” in the second place it occurs substitute “ assessing competent authority ”;

(cc)

for the words from “rapporteur” to “Authority,” in the third places it occurs, substitute “ assessing competent authority and the other competent authorities ”;

(v)

in the fifth subparagraph—

(aa)

for “rapporteur Member State” substitute “ assessing competent authority ”;

(bb)

for the words from “send its” to “form of” substitute “ circulate to the other competent authorities and the applicant ”;

(cc)

for “Authority” in the second place it occurs substitute “ assessing competent authority ”;

(dd)

for “all the Member States” substitute “ the other competent authorities ”;

(vi)

in the sixth subparagraph—

(aa)

for “Authority” substitute “ assessing competent authority ”;

(bb)

for “receipt” substitute “ circulation ”;

(vii)

in the seventh subparagraph—

(aa)

for “Authority” substitute “ assessing competent authority ”;

(bb)

for the words from “, the rapporteur” to “States” substitute “ and the other competent authorities ”;

(d)

omit paragraph 2.

12Revocations and savingI1

(1)

The retained direct EU legislation listed in the Schedule is revoked.

(2)

Despite paragraph (1), a grace period contained within a Regulation listed in paragraph 3 or 6 of the Schedule which expires after F1IP completion day continues to have effect, and is treated as if it had been set by each competent authority in relation to its constituent territory in accordance with Article 21(6)(b) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market M1.

(3)

In paragraph (2), “competent authority” and “constituent territory” have the meanings given in Article 3A of Regulation (EC) No 1107/2009 M2.

Signature

Thérèse Coffey

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

1I1

Commission Decision (EU) 2018/1590 amending Decisions 2012/481/EU, 2014/391/EU, 2014/763/EU and 2014/893/EU as regards the period of validity of the ecological criteria for the award of the EU Ecolabel for certain products, and of the related assessment and verification requirements.

2I1

Commission Implementing Regulation (EU) 2018/1913 renewing the approval of the active substance tribenuron in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011.

3I1

Commission Implementing Regulation (EU) 2018/1914 concerning the non-renewal of approval of the active substance quinoxyfen, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending Commission Implementing Regulation (EU) No 540/2011.

4I1

Commission Implementing Regulation (EU) 2018/1915 approving the active substance Metschnikowia fructicola strain NRRL Y-27328 in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011.

5I1

Commission Implementing Regulation (EU) 2018/1916 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval period of the active substance bispyribac.

6I1

Commission Implementing Regulation (EU) 2018/1917 concerning the non-renewal of approval of the active substance flurtamone, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending Commission Implementing Regulation (EU) No 540/2011.

7I1

Commission Implementing Regulation (EU) 2018/1981 renewing the approval of the active substances copper compounds, as candidates for substitution, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011.

8I1

Commission Regulation (EU) 2018/2026 amending Annex IV to Regulation (EC) No 1221/2009 of the European Parliament and of the Council on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS).

9I1

Commission Regulation (EU) 2019/50 amending Annexes II, III, IV and V to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for chlorantraniliprole, clomazone, cyclaniliprole, fenazaquin, fenpicoxamid, fluoxastrobin, lambda-cyhalothrin, mepiquat, onion oil, thiacloprid and valifenalate in or on certain products.

10I1

Commission Decision (EU) 2019/61 on the sectoral reference document on best environmental management practices, sector environmental performance indicators and benchmarks of excellence for the public administration sector under Regulation (EC) No 1221/2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS).

11I1

Commission Decision (EU) 2019/62 on the sectoral reference document on best environmental management practices, sector environmental performance indicators and benchmarks of excellence for the car manufacturing sector under Regulation (EC) No 1221/2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS).

12I1

Commission Decision (EU) 2019/63 on the sectoral reference document on best environmental management practices, sector environmental performance indicators and benchmarks of excellence for the electrical and electronic equipment manufacturing sector under Regulation (EC) No 1221/2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS).

13I1

Commission Decision (EU) 2019/70 establishing the EU Ecolabel criteria for graphic paper and the EU Ecolabel criteria for tissue paper and tissue products.

14I1

Commission Regulation (EU) 2019/88 amending Annex II to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for acetamiprid in certain products.

15I1

Commission Implementing Regulation (EU) 2019/139 approving the active substance Beauveria bassiana strain IMI389521, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011.

16I1

Commission Implementing Regulation (EU) 2019/147 approving the active substance Beauveria bassiana strain PPRI 5339, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011.

17I1

Commission Implementing Regulation (EU) 2019/148 concerning the non-approval of the active substance propanil, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market.

18I1

Commission Implementing Regulation (EU) 2019/168 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances abamectin, Bacillus subtilis (Cohn 1872) Strain QST 713, Bacillus thuringiensis subsp. Aizawai, Bacillus thuringiensis subsp. israeliensis, Bacillus thuringiensis subsp. kurstaki, Beauveria bassiana, benfluralin, clodinafop, clopyralid, Cydia pomonella Granulovirus (CpGV), cyprodinil, dichlorprop-P, epoxiconazole, fenpyroximate, fluazinam, flutolanil, fosetyl, Lecanicillium muscarium, mepanipyrim, mepiquat, Metarhizium anisopliae var. Anisopliae, metconazole, metrafenone, Phlebiopsis gigantea, pirimicarb, Pseudomonas chlororaphis strain: MA 342, pyrimethanil, Pythium oligandrum, rimsulfuron, spinosad, Streptomyces K61, thiacloprid, tolclofos-methyl, Trichoderma asperellum, Trichoderma atroviride, Trichoderma gamsii, Trichoderma harzianum, triclopyr, trinexapac, triticonazole, Verticillium albo-atrum and ziram.

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) (“the 2018 Act”) in order to address failures of EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (d) and (g) of the 2018 Act) arising from the withdrawal of the United Kingdom from the European Union.

Regulations 2 to 7 make minor amendments to provisions of other Regulations made under section 8(1) of the 2018 Act, relating to wildlife, environmental protection, water resources and pesticides.

Regulation 8 amends retained direct EU legislation relating to wildlife, and regulations 9 to 11 amend retained direct EU legislation relating to pesticides.

Regulation 12(1) and the Schedule revoke various retained direct EU legislation, and regulation 12(2) contains a saving provision in relation to some of the revoked legislation relating to pesticides.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.