Regulation 25 I1

Northern Ireland

In Schedule 1––

(a)

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;”;

(b)

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

(c)

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

(d)

in paragraph 20—

(i)

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.”;

(ii)

in sub-paragraph (2)—

(aa)

omit paragraph (c);

(bb)

for paragraph (d) substitute—

“(d)
Council Directive 87/217/EEC on the prevention and reduction of environmental pollution by asbestos M1;”;

(cc)

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 stations M2;
(f)
Council Directive 1999/31/EC on the landfill of waste M3 as last amended by Directive 2011/97/EU M4;
(g)
Directive 2000/53/EC of the European Parliament and of the Council on end-of life vehicles M5 as last amended by Directive (EU) 2017/2096 M6;
(h)
Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy M7;
(i)
Directive 2001/81/EC of the European Parliament and of the Council on national emission ceilings for certain atmospheric pollutants M8;
(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 damage M9;
(k)
Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries M10;
(l)
Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators M11, as last amended by Directive 2013/56/EU M12;
(m)
Directive 2006/118/EC of the European Parliament and of the Council (on the protection of groundwater against pollution and deterioration) M13;
(n)
Directive 2008/98/EC of the European Parliament and of the Council of waste M14, as last amended by Regulation (EU) 2017/997 M15;
(o)
Directive 2009/31/EC of the European Parliament and of the Council on the geological storage of carbon dioxide M16;
(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 stations M17;
(q)
Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) M18;
(r)
Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE) M19, as it had effect immediately before 4th July 2018;
(s)
Directive 2012/27/EU of the European Parliament and of the Council on Energy efficiency M20;
(t)
Directive 2013/59/EURATOM laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation M21;
(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 plants M22;
(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.”;

(iii)

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.”.

(e)

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

Annotations

Marginal citations

M1: 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)
M2: 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)
M3: OJ No L 182, 16.7.1999, p. 1
M4: OJ No L 328, 10.12.2011, p. 49
M5: OJ No L 269, 21.10.2000, p. 34
M6: OJ No L 299, 16.11.2017, p. 24
M7: 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)
M8: 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)
M9: 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)
M10: 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)
M11: OJ No L 266, 26.9.2006, p. 1
M12: OJ No L 329, 10.12.2013, p. 5
M13: 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)
M14: OJ No L 312, 22.11.2008, p. 3
M15: OJ No L 150, 14.6.2017, p. 1
M16: 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)
M17: OJ No L 285, 31.10.2009, p. 36
M18: 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)
M19: OJ No L 197, 24.7.2012, p. 38
M20: 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)
M21: 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)
M22: OJ No L 313, 28.11.2015, p. 1

Commencement

I1: Reg. 25 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1