Paragraph 10 Modification of the Medium Combustion Plant DirectiveI1

Northern Ireland

(1)

For the purposes of these Regulations F1and the legislation specified in regulation 5, the Medium Combustion Plant Directive is to be read in accordance with this paragraph.

(2)

When interpreting the Medium Combustion Plant Directive for the purposes of these Regulations—

(a)

except where defined in this paragraph, an expression used in the Directive that is defined in these Regulations has the meaning given in these Regulations;

(b)

“permit” has the same meaning as in the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;

(c)

the competent authority is the Department;

(d)

“general binding rule” means a standard rule published by the Department; and

(e)

a reference to Directive 2010/75/EU is to be read as if it were a reference to the Industrial Emissions Directive.

(3)

Article 2 is to be read as if—

(a)

in paragraph 3(b), for “Directive 97/68/EC of the European Parliament and of the Council M1” there were substituted “ Regulation (EU) 2016/1628 of the European Parliament and of the Council on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery M2 ”; and

(b)

in paragraph 4, the second sentence were omitted.

(4)

Article 3 is to be read as if—

(a)

for point (1) there were substituted—

“(1)
‘emission’ has the meaning given in regulation 2(1) of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;”;

(b)

for point (5) there were substituted—

“(5)
‘combustion plant’ has the meaning given in regulation 2(1) of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;”;

(c)

for point (17) there were substituted—

“(17)
‘waste’ has the meaning given in regulation 1(3) of the Waste Management Licensing Regulations (Northern Ireland) 2003;”.

(5)

Article 5 is to be read as if—

(a)

in paragraphs 1 and 2, for “Member States” there were substituted “ The Department ”; and

(b)

in paragraph 6, for “Member States” there were substituted “ the Department ”.

(6)

Article 6 is to be read as if—

(a)

in paragraph 1—

(i)

in the first subparagraph, the words from “Without” to “applicable,” were omitted; and

(ii)

the second subparagraph were omitted;

(b)

in paragraphs 3 and 8 for “Member States” each time it occurs there were substituted “ The Department ”; and

(c)

in paragraphs 11 and 12 the second subparagraphs were omitted.

(7)

Article 7 is to be read as if—

(a)

in paragraph 1, for “Member States” there were substituted “ The Department ”;

(b)

in paragraph 5(c), for “Article 6(8)” there were substituted “paragraph 8(1) of Schedule 9A to the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013; and

(c)

in paragraph 7—

(i)

for “Member States” there were substituted “ The Department ”; and

(ii)

in the first sentence, for “Article 8” there were substituted “ Article 8(2) and (3) ”.

(8)

Article 8 is to be read as if—

(a)

in paragraphs 1 and 2, for “Member States” there were substituted “ The Department ”; and

(b)

in paragraph 3, in the first subparagraph, for “Member States” there were substituted “ the Department ”.

(9)

Article 9 is to be read as if in the first paragraph, for “Member States” there were substituted “ The Department ”.

(10)

Annex I is to be read as if, in point 7, for “Article 6(8)” there were substituted “paragraph 8(1) of Schedule 9A to the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013.

(11)

In Annex III—

(a)

Part 1 is to be read as if—

(i)

in point 2, for “Article 6(8)” in each place it occurs there were substituted “paragraph 8(1) of Schedule 9A to the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013; and

(ii)

in point 6, for “Member States” there were substituted “ the Department ”.

(b)

in Part 2, in point 3, for “Article 6(11) and Article 6(12)” there were substituted “ paragraph 11(2) and (4) of Schedule 9A to the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013 ”.

Annotations

Textual amendments

F1: Words in Sch. 3 para. 10(1) inserted (31.12.2020 immediately before IP completion day) by The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 3(5)(g)

Marginal citations

M1: OJ L 59, 27.2.98, p. 1-86
M2: OJ L 252, 16.9.2016, p. 53-117

Commencement

I1: Sch. 3 para. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1