OpenLegislation

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