Paragraph 8 Modification of the Industrial Emissions DirectiveI1

Northern Ireland

(1)

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

(2)

When interpreting the Industrial Emissions Directive for the purposes of these Regulations—

(a)

an expression used in the Directive that is defined in these Regulations has the meaning given in these Regulations, except for—

(i)

“installation”, which has the meaning given by Article 3(3) of the Directive as read with sub-paragraph (3)(b); and

(ii)

“general binding rule”, which has the meaning given by Article 3(8) of the Directive as read with paragraph (8).

(b)

the competent authority is for all purposes including that of exercising a judgement as to whether there is an overriding need to maintain energy supplies under Articles 30(6) and 37, the Department.

(3)

Article 3 is to be read as if—

(a)

in point (1) for the words from “Article 1” to the end there were substituted “ Article 4 of the Basic Safety Standards Directive ”;

(b)

for points (2) to (4) there were substituted—

“(2)
“pollution” has the meaning given in regulation 2(1) of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;
(3)
“installation”—
(a)
for the purposes of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013, means Part A installation;
(b)
for the purposes of regulation 14 of those Regulations, means a stationary technical unit within which a solvent emission activity is carried out, and any other directly associated activities on the same site which have a technical connection with the solvent emission activity and which could have an effect on emission of volatile organic compounds;
(4)
“emission” has the meaning given in regulation 2(1) of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;”;

(c)

in point (6), for “Union law” there were substituted “F2assimilated law”;

(d)

for points (7) and (8) there were substituted—

“(7)
‘permit’ has the same meaning as in the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013.
(8)
‘general binding rule’—
(a)
for the purposes of regulation 16 of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013 means emission limit values or other conditions, at least at sector level, that are adopted with the intention of being used directly to set permit conditions;
(b)
otherwise, means a standard rule published under by the Department;”;

(e)

in point (10)(b), for “Member State in question” there were substituted “ United Kingdom ”;

(f)

in point (12), for “means a document” there were substituted “ except where Article 13(7) applies, means a document annexed to F3assimilated direct legislation made under Article 13(5) as that Article had effect immediately before F4IP completion day”;

(g)

for point (18) there were substituted—

“(18)
‘hazardous substances’ has the meaning given by regulation 2(1) of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;”;

(h)

for paragraph 20 there were substituted—

“(20)
‘groundwater’ has the meaning given by regulation 2(1) of the Groundwater Regulations ( Northern Ireland ) 2009;”;

(i)

in point (23), for the words from “point 1 of Article 2” to the end there were substituted “ point 1 of the second subparagraph of Article 2 of Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs M1 ”;

(j)

for point (25) there were substituted—

“(25)
‘combustion plant’ has the meaning given by regulation 2(1) of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;”;

(k)

in point (36), for the words from “point 26” to the end there were substituted “ Article 2(26) of Directive 2009/72/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity M2 ”;

(l)

for points (37) and (38) there were substituted—

“(37)
‘waste’ has the meaning given by regulation 1(3) of the Waste Management Licensing Regulations (Northern Ireland) 2003;
(38)
‘hazardous waste’ has the meaning given by regulation 2(1) of the Hazardous Waste regulations (Northern Ireland) 2005;”;

(m)

for points (40) and (41) there were substituted—

“(40)
‘waste incineration plant’ has the meaning given by regulation 2(1) of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;
(41)
‘waste co-incineration plant’ has the meaning given by regulation 2(1) of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;”.

(4)

Article 5 is to be read as if—

(a)

in paragraph 1, the words from “Without prejudice” to “Union law,” were omitted; and

(b)

in paragraph 3, a reference to a numbered Article of Directive 85/337/EEC M3 were a reference to the F5assimilated law which transposed the same numbered Article of Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment M4 in respect of Northern Ireland.

(5)

Article 7 is to be read as if, in the words before point (a)—

(a)

the words from “Without prejudice” to “environmental damage,” were omitted;

(b)

for “Member States” there were substituted “ the Department ”.

(6)

Article 8(2) is to be read as if, in the words before point (a), for “Member States” there were substituted “ the Department ”.

(7)

Article 9 is to be read as if—

(a)

in paragraph 1, for “specified in Annex I to Directive 2003/87/EC M5” substitute “ a regulated activity within the meaning of regulation 3(1) of the Greenhouse Gas Emissions Trading Scheme Regulations 2012 M6 ”;

(b)

in paragraph 2, for “activities listed in Annex I to Directive 2003/87/EC, Member States” substitute “ regulated activities within the meaning of regulation 3(1) of the Greenhouse Gas Emissions Trading Scheme Regulations 2012, the competent authority ”; and

(c)

omit paragraph 4.

(8)

Article 11 is to be read as if—

(a)

in the words before point (a), for “Member States” there were substituted “ The Department ”;

(b)

in points (d) and (e), for “Directive 2008/98/EC” there were substituted “ the Waste Framework Directive ”.

(9)

Article 12 is to be read as if—

(a)

in paragraph 1, in the words before point (a), for “Member States” there were substituted “ The Department ”;

(b)

in paragraph 2—

(i)

for “Directive 85/337/EEC M7” there were substituted “ the F6assimilated law which transposed Directive 2011/92/EU M8 in respect of Northern Ireland ”;

(ii)

for “Directive 96/82/EC M9” there were substituted “ the F7assimilated law which transposed Directive 2012/18/EU of the European Parliament and of the Council M10 in respect of Northern Ireland ”.

(10)

Article 13 is to be read as if—

(a)

Articles 13(1) to (6) were omitted; and

(b)

in paragraph 7, for the words from “Pending” to “paragraph 5, the” there were substituted “ In the absence of a BAT conclusion, any relevant ”.

(11)

Article 14 is to be read as if—

(a)

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

(b)

in paragraph 4, the second sentence were omitted; and

(c)

in paragraph 7, for “the legislation” there were substituted “F8assimilated law ”.

(12)

Article 15(4) is to be read as if the fifth subparagraph were omitted.

(13)

Article 17 is to be read as if—

(a)

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

(b)

in paragraph 3, for “Member States” there were substituted “ The Department ”.

(14)

Articles 20(1) and (2) are to be read as if, for “Member States” in both places it occurs there were substituted “ The Department ”.

(15)

Article 21(1) is to be read as if for the words from “Member States” to “periodically reconsiders” there were substituted “ The Department must periodically reconsider ”.

(16)

Article 22 is to be read as if—

(a)

in paragraph 1, the words from “Without prejudice” to “soil protection” were omitted; and

(b)

in paragraph 2—

(i)

in the third subparagraph, for “Union” there were substituted “F9assimilated”; and

(ii)

the fourth subparagraph were omitted.

(17)

Article 23 is to be read as if—

(a)

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

(b)

in paragraph 4—

(i)

in the fourth subparagraph, point (c) were omitted; and

(ii)

the fifth subparagraph were omitted;

(c)

in paragraph 6, in the second subparagraph, for the words from “Directive 2003/4/EC” to “environmental information” there were substituted “ the Environmental Information Regulations 2004 M11 ”.

(18)

Article 24 is to be read as if—

(a)

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

(b)

in paragraph 4, is to be read as if, for “Article 4(1) and (2) of Directive 2003/4/EC” there were substituted “ the exceptions in Part 3 of the Environmental Information Regulations 2004 ”.

(19)

Article 26(4) is to be read as if for the words from “any Member State” to the end there were substituted “ the Secretary of State of any application that is likely to have significant negative effects on the environment in the territory of a Member State ”.

(20)

Article 30 is to be read as if—

(a)

in paragraph 5 the second subparagraph were omitted; and

(b)

in paragraph 6, the third subparagraph were omitted.

(21)

Article 31is to be read as if—

(a)

for “Member States” in each place it occurs there were substituted “ the Department ”;

(b)

in paragraph 1, the words from “and with prior validation” to the end were omitted; and

(c)

in paragraph 2, for “points 3.1 or” there were substituted “ point ”.

(22)

Article 32 is to be read as if—

(a)

a reference to the plan or transitional national plan were a reference to the UK transitional plan prepared by the Secretary of State and submitted to the European Commission on 20 October 2015;

(b)

in paragraph 2, in the second subparagraph, the words “, pursuant in particular to the requirements of Directives 2001/80/EC M12 and 2008/1/EC M13,” were omitted; and

(c)

in paragraph 3, the second subparagraph were omitted.

(23)

Article 33 is to be read as if—

(a)

in paragraph 1—

(i)

in the words before point (a)—

(aa)

the reference to the transitional national plan were a reference to the UK transitional plan prepared by the Secretary of State and submitted to the European Commission on 20^th October 2015; and

(bb)

“referred to in Article 32” were omitted;

(ii)

at the end of point (b) there were inserted “and”;

(iii)

in point (c), the words “, pursuant in particular to the requirements of Directives 2001/80/EC and 2008/1/EC,” were omitted; and

(iv)

point (d) (and the “and” immediately preceding it) were omitted;

(b)

paragraph 2 were omitted; and

(c)

in paragraph 3, “and paragraph 2” were omitted.

(24)

Articles 34(1) and 35(1)(d) are to be read as if the words “, pursuant in particular to the requirements of Directives 2001/80/EC and 2008/1/EC,” were omitted.

(25)

Articles 37(1) and 38(1) are to be read as if for “Member States” there were substituted “ The Department ”.

(26)

Article 42(2)(a)(iii) is to be read as if, for the words from “Regulation (EC) No 1774/2002 M14” to the end there were substituted “ Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption M15 ”;

(27)

Article 44(d) is to be read as if for “and Union” were omitted.

(28)

Article 45(1)(a) is to be read as if for “European Waste List established by” there were substituted “ List in ”.

(29)

Article 48(1) is to be read as if for “Member States” there were substituted “ The Department ”.

(30)

Article 50 is to be read as if—

(a)

in paragraph 3, in the second subparagraph, for the words from “Article 2(2)” to the end there were substituted “ regulation 2(1) of the Sulphur Content of Liquid Fuels Regulations (Northern Ireland) 2007 M16 ”; and

(b)

in paragraph 7, for “Member States” there were substituted “ The Department ”.

(31)

Article 51(1) is to be read as if—

(a)

in paragraph 1, the second sentence were omitted; and

(b)

paragraph 4 were omitted.

(32)

Article 52 is to be read as if—

(a)

in paragraph 2, for “European Waste List established by” there were substituted “ List in ”; and

(b)

in paragraph 4(a), for “Directive 2008/98/EC” there were substituted “ the Waste Framework Directive ”.

(33)

Article 55(2) is to be read as if for “report referred to in Article 72 shall include” there were substituted “ operator must keep and provide to the Department ”.

(34)

Article 59 is to be read as if—

(a)

in paragraph 1—

(i)

in the first subparagraph, in the words before point (a), for “Member States” there were substituted “ The Department ”; and

(ii)

the second subparagraph were omitted;

(b)

paragraph 4 were omitted.

(35)

Article 60 is to be read as if for “Member States” there were substituted “ The Department ”.

(36)

Article 65(3) is to be read as if for “restrictions laid down in Article 4(1) and (2) of Directive 2003/4/EC M17” there were substituted “ exceptions in Part 3 of the Environmental Information Regulations 2004 ”.

(37)

Articles 67 and 70 are to be read as if for “Member States” in each place it occurs there were substituted “ The Department ”.

(38)

Annex 1 is to be read as if—

(a)

in the words before point 1, the second paragraph were omitted;

(b)

in point 5.3—

(i)

in point (a), in the words before point (i), for “Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment M18” there were substituted “ the Urban Waste Water Treatment Regulations (Northern Ireland) 2007 ”; and

(ii)

in point (b), in the words before point (i), for “Directive 91/271/EEC” there were substituted “ the Urban Waste Water Treatment Regulations (Northern Ireland) 2007 ”;

(c)

in point 5.4, the words from “, as defined” to “of waste” were omitted; and

(d)

in point 6.11, for “Directive 91/271/EEC” there were substituted “ the Urban Waste Water Treatment Regulations (Northern Ireland) 2007 ”.

(39)

Annex 2 is to be read as if, in the Section headed “Water”, in paragraph 13, for “Directive 2000/60/EC M19” there were substituted “ the Water Framework Directive ”.

(40)

Annex 4 is to be read as if—

(a)

in point 1(b), after “consultation between” there were inserted “ the United Kingdom and ”;

(b)

in point 2—

(i)

in the words before point (a), for “Member States” there were substituted “ The Department ”;

(ii)

in point (a) “or authorities” were omitted; and

(iii)

in point (b), for “Directive 2003/4/EC” there were substituted “ the Environmental Information Regulations 2004 ”;

(c)

in point 5, for “Member States” there were substituted “ Department ”.

(41)

Annex 6 is to be read as if—

(a)

in Part 4—

(i)

in point 1, in the definition of “V_proc”, for “Union” there were substituted “F10assimilated law”; and

(ii)

point 3.1 were omitted;

(b)

in Part 5, in entry 1 of the table, in the second column, after “defined in” there were inserted “ the third entry of Table 1 in ”;

(c)

in Part 6, in point 2.1(c), after “furans” there were inserted “ and dioxin-like polychlorinated biphenyls and polycyclic aromatic hydrocarbons ”, but only in the case of particular plants where the regulator can demonstrate that emissions of those additional substances are, or are likely to be, significant; and

(d)

in Part 8—

(i)

in point 1.1(d)(i), in the second indent, for “Member States” there were substituted “ the Department ”; and

(ii)

in point 2(b), for “Member State” there were substituted “ Department ”.

(42)

Annex 7 is to be read as if, in Part 6, in point 2, for “Member States” there were substituted “ the Department ”.

Annotations

Textual amendments

F1: Words in Sch. 3 para. 8(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)(e)
F2: Word in Sch. 3 para. 8(3)(c) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 10 para. 33(b)
F3: Words in Sch. 3 para. 8(3)(f) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 10 para. 33(c)
F4: Words in Regulations substituted (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(2)
F5: Word in Sch. 3 para. 8(4)(b) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 10 para. 33(d)
F6: Word in Sch. 3 para. 8(9)(b)(i) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 10 para. 33(e)
F7: Word in Sch. 3 para. 8(9)(b)(ii) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 10 para. 33(e)
F8: Word in Sch. 3 para. 8(11)(c) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 10 para. 33(f)
F9: Word in Sch. 3 para. 8(16)(b)(i) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 10 para. 33(g)
F10: Word in Sch. 3 para. 8(41)(a) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 10 para. 33(h)

Marginal citations

M1: OJ L 343, 22.12.2009, p. 74-113
M2: OJ L 211, 14.8.2009, p. 55-93
M3: OJ L 175, 5.7.1985, p. 40-48
M4: OJ L 26, 28.1.2012, p. 1-21
M5: OJ L 275, 25.10.2003, p. 32
M6: S.I. 2012/3038
M7: OJ L 175, 5.7.1985, p. 40-48
M8: OJ L 26, 28.1.2012, p. 1-21
M9: OJ L 10, 14.1.1997, p. 13-33
M10: OJ L 197, 24.7.2012, p. 1-37
M11: S.I. 2004/3391, as amended by paragraph 305 and 307 of Schedule 19 to the Data Protection Act 2018 (c.12)
M12: OJ L 309, 27.11.2001, p. 1-21
M13: OJ L 24, 29.1.2008, p. 8-29
M14: OJ L 273, 10.10.2002, p. 1-95
M15: OJ L 300, 14.11.2009, p. 1-33
M16: S.R. 2007 No. 272
M17: OJ L 41, 14.2.2003, p. 26-32
M18: OJ L 135, 30.5.1991, p. 40-52
M19: OJ L 327, 22.12.2000, p. 1-73

Commencement

I1: Sch. 3 para. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1