# The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2019 (expired—not approved), Regulation 5: New Articles 2A, 2B and 2C

Status: prospective

After Article 2 insert—
“Article 2A
Appropriate Authority
For the purposes of this Regulation, “appropriate authority” means—
(a) in relation to England, the Secretary of State;
(b) in relation to Scotland—
(i) the Scottish Ministers; or
(ii) where the Scottish Ministers consent, the Secretary of State;
(c) in relation to Northern Ireland—
(i) DAERA; or
(ii) where DAERA consents, the Secretary of State;
(d) in relation to Wales—
(i) the Welsh Ministers; or
(ii) where the Welsh Ministers consent, the Secretary of State.
Article 2B
Competent Authority
For the purposes of this Regulation, “competent authority” means (except in Article 8)—
(a) in relation to England, the Environment Agency;
(b) in relation to Northern Ireland, DAERA;
(c) in relation to Scotland, SEPA;
(d) in relation to Wales, NRW.
Article 2C
References to Directive 2008/98/EC
1 For the purposes of this Regulation, “Directive 2008/98/EC” means Directive 2008/98/EC as amended by—
(a) Commission Regulation (EU) No 1357/2014 ;
(b) Commission Directive (EU) 2015/1127 ; and
(c) Council Regulation (EU) 2017/997 ,
and read in accordance with paragraphs 2 and 3.
2 Article 5 of Directive 2008/98/EC is to be read as if paragraph 2 were omitted.
3 Article 6 of Directive 2008/98/EC is to be read as if—
(a) paragraphs 1 to 3 were omitted;
(b) in paragraph 4—
(i) in the first sentence, for the words from the beginning to “Member States” there were substituted “ Except where Council Regulation (EU) No 333/2011, Commission Regulation (EU) No 1179/2012 or Commission Regulation (EU) No 715/2013 applies, the competent authority within the meaning given by Article 2B of Regulation (EU) 2019/1021 ”;
(ii) the second sentence were omitted.”.

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Source: https://www.legislation.gov.uk/uksi/2019/1340/regulation/5 (the official version)
Page: https://openlegislation.uk/persistent-organic-pollutants-amendment-eu-exit-regulations-2019-expirednot-approved/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.