Explanatory note

These Regulations amend the Environmental Damage (Prevention and Remediation) Regulations 2009 (“the 2009 Regulations”) which implemented Directive 2004/35/EC of the European Parliament and of the Council (OJ No L 143, 30.4.2004, p. 56) on environmental liability with regard to the prevention and remedying of environmental damage as amended by Directive 2006/21/EC (OJ No L102, 11.4.2006, p. 15).

Regulation 3 corrects the application of the 2009 Regulations with respect to the sea adjoining England.

Regulation 4 amends paragraph 5 of Schedule 1 to the 2009 Regulations, by adding references to regulations implementing Directive 92/43/EC (OJ No L 206, 22.7.1992, p. 7 as last amended by Council Directive 2006/105/EC (OJ No L 363, 20.12.2006, p. 368) and Directive 79/409/EEC (OJ No L 103, 25.4.1979, p. 1 as last amended by Council Directive 2008/102/EC, OJ No L323, 3.12.008, p. 31) in relation to marine areas where the United Kingdom exercises jurisdiction beyond its territorial sea.

A transposition note setting out how the 2009 Regulations, as amended by this instrument, transpose the provisions of Directive 2004/35/EC, is available on the Defra website at www.defra.gov.uk.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.