The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) Regulations 2018

regulation 5(b);

regulation 7(2);

regulation 18;

regulation 20(2)(d);

regulations 33(b)(i) and 34(a).

regulation 19;

regulation 30;

regulation 32;

regulation 35;

regulation 44.

for subsection (1)(a) substitute—

“(a)

Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control)^f2;”;

in subsection (3)(e), for “Council Directive 96/61/EC^f3” substitute “Directive 2010/75/EU”.

omit paragraphs (a) and (b) (together with the final “and”);

in paragraph (c) omit “other”.

omit “paragraphs (4) and (5) (in relation to England) and”;

for “likely to have, or not to have,” substitute “not likely to have”.

after paragraph (6) insert—

“(6A)

Where a proposer applies for a grant from the appropriate forestry body or from the National Forest Company for the purposes of a proposed project of the kind described in paragraph (1)—

(a)

the proposer is not required to send prior full notification to the appropriate forestry body in respect of the project to which the grant relates, and

(b)

where the appropriate forestry body or the National Forest Company offers a grant to the proposer, the proposer may conclude that the project to which the grant relates is to be treated as being unlikely to have significant effects on the environment.”;

in paragraph (7)(g), for “and repealing Council Regulation (EC) No 1698/2005” substitute “, as last amended by Commission Delegated Regulation (EU) 2018/162^f2”.

in the heading, for “likely” substitute “not likely”;

in sub-paragraph (1)—

in the table after sub-paragraph (2), omit rows 2, 3, 7, 8, 10, 11, 13, 14, 16, 17 and 19.

in the definition of “the Directive”, at the end insert “, as last amended by Commission Directive (EU) 2017/2096^f2”;

in the definition of “the Waste Directive”, at the end insert “, as last amended by Council Regulation (EU) 2017/997”.

in the definition of “the Directive”, at the end insert “, as last amended by Commission Directive (EU) 2017/2096”;

in the definition of “the Waste Directive”, at the end insert “, as last amended by Council Regulation (EU) 2017/997”.

omit the definition of “Directive 1999/45/EC”;

in the definition of “the Directive”, after “pesticides” insert “, as last amended by Regulation (EU) No 652/2014 of the European Parliament and of the Council^f2”;

after the definition of “professional user” insert—

• ““Regulation 1272/2008” means Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures, as amended from time to time;”;

in the definition of “Regulation 1107/2009”, for “and repealing Council Directives 79/117/EEC and 91/414/EEC” substitute “, as last amended by Commission Regulation (EU) 2018/605”.

in paragraph (2)(c)—

in paragraph (3)—

in paragraph (4)(b), for “Directive 1999/45/EC” substitute “Regulation 1272/2008”.

for the words from “Annex I” to “services” substitute “Annex 1 to Regulation (EU) No 1025/2012 of the European Parliament and of the Council on European standardisation^f3”;

for “Article 6 of that Directive” substitute “Article 10 of that Regulation”.

in the definition of “the Waste Directive”, at the end insert “, as last amended by Council Regulation (EU) 2017/997”;

omit the definition of “dangerous substance or mixture”;

in the definition of “producer”, for the words from “Directive 97/7/EC^f2” to “distance contracts” substitute “Directive 2011/83/EU of the European Parliament and of the Council on consumer rights^f3”.

in paragraph (2)(b), for “substances and mixtures” substitute “substance or mixture”;

after paragraph (3) insert—

“(4)

In paragraph (2)(b), “dangerous substance or mixture” means any substance or mixture which fulfils the criteria for any of the following hazard classes or categories set out in Annex 1 to Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures, as amended from time to time—

(a)

hazard classes 2.1 to 2.4, 2.6 and 2.7, 2.8 types A and B, 2.9, 2.10, 2.12, 2.13 categories 1 and 2, 2.14 categories 1 and 2, 2.15 types A to F;

(b)

hazard classes 3.1 to 3.6, 3.7 adverse effects on sexual function and fertility or on development, 3.8 effects other than narcotic effects, 3.9 and 3.10;

(c)

hazard class 4.1;

(d)

hazard class 5.1.”.

in the definition of “the Directive”, after “treatment,” insert “as last amended by Regulation (EC) No 1137/2008 of the European Parliament and of the Council^f2,”;

in the words after the definition of “Wales”, after “used” insert “in these Regulations and”.

after “on the market”, in the first place it occurs, insert “, as last amended by Commission Regulation (EU) 2018/605,”;

at the end, insert “, as last corrected by a corrigendum”.

for the definition of “the 2010 Regulations” substitute—

• ““the 2017 Regulations” means the Conservation of Habitats and Species Regulations 2017^f2;”;

in the definition of “conservation site”—

in the definition of “protected species”, in paragraph (a), for “regulation 40(1) of, and Schedule 2 to, the 2010 Regulations” substitute “regulation 42(1) of, and Schedule 2 to, the 2017 Regulations”.

in sub-paragraph (a), at the end insert “, as last amended by Regulation (EU) No 653/2014 of the European Parliament and of the Council^f2”;

in sub-paragraph (c), for the words from “Part I” to “1234/2007” substitute “Part 1 of Annex 7 to, Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products^f3”;

in sub-paragraph (d), at the end insert “, as last amended by Commission Implementing Regulation (EU) 565/2013^f4”.

in paragraph (1)—

in paragraph (2), for the words from “point IV(2)” to “1234/2007” substitute “point 4(2) of Part 1 of Annex 7 to Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products”.

for the definition of “the EU provisions” substitute—

• ““the EU provisions” means—

  1. (a)

     Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products (“Regulation EU No 1308/2013”);

  2. (b)

     Commission Regulation (EC) No 1850/2006 laying down detailed rules for the certification of hops and hop products (“Commission Regulation (EC) No 1850/2006”)^f2;

  3. (c)

     Commission Regulation (EC) No 1295/2008 on the importation of hops from third countries (“Regulation (EC) 1295/2008”)^f3;”;

in the definition of “hop products”, for “Article 1 of Council Regulation (EEC) No. 1696/71^f4” substitute “Articles 1 and 3(1) of Regulation (EU) No 1308/2013”.

in paragraph (1)—

after paragraph (1) insert—

“(1A)

Paragraph (1)(c) does not apply insofar as Article 10 of Regulation (EC) 1295/2008 provides otherwise.”.

in paragraph (1)—

in paragraph (2), for the words from “by article 10(b)” to “Council Regulation” substitute “to send to the competent certification authority referred to in Article 21 of Commission Regulation (EC) No 1850/2006”.

omit “deep-frozen”;

at the end insert “, as last amended by Commission Implementing Decision 2011/629/EU^f3”.

omit sub-paragraph (b);

for sub-paragraph (c) substitute—

“(c)

imported into—

(i)

England in accordance with the provisions of the Trade in Animals and Related Products Regulations 2011^f4 or any Regulations which they supersede;

(ii)

Wales in accordance with the provisions of the Trade in Animals and Related Products (Wales) Regulations 2011^f5 or any Regulations which they supersede;

(iii)

Scotland in accordance with the provisions of the Trade in Animals and Related Products (Scotland) Regulations 2012^f6 or any Regulations which they supersede;”.

in the definition of “the Deliberate Release Directive”, for the words from “amended by” to the end substitute “last amended by Directive (EU) 2015/412 of the European Parliament and of the Council^f2”;

in the definition of “the Equivalence Decision”, for “and amending Decision 2003/17/EC” substitute “, as last amended by Council Regulation (EU) 517/2013^f3”;

in the definition of “the Food and Feed Regulation”, at the end insert “, as last amended by Regulation (EC) No 298/2008 of the European Parliament and of the Council^f4”;

for the definition of “the Novel Foods Regulation” substitute—

• ““the Novel Foods Regulation” means Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods^f5;”;

for the definition of “the Seeds Marketing Directives” substitute—

• ““the Seeds Marketing Directives” means—

  1. (a)

     the Vegetable Seed Marketing Directive;

  2. (b)

     Council Directive 66/401/EEC on the marketing of fodder plant seed^f6;

  3. (c)

     Council Directive 66/402/EEC on the marketing of cereal seed^f7;

  4. (d)

     Council Directive 2002/54/EC on the marketing of beet seed^f8;

  5. (e)

     Council Directive 2002/56/EC on the marketing of seed potatoes^f9; and

  6. (f)

     Council Directive 2002/57/EC on the marketing of seed of oil and fibre plants^f10;”;

in the definition of “the Seeds Marketing Regulations”—

in the definition of “standard seed”—

in the definition of “the Vegetable Seed Marketing Directive”, for “the Food and Feed Regulation” substitute “Commission Implementing Directive (EU) 2016/317^f19”.

for “the Vegetable Seed (Wales) Regulations 2005” substitute “Part 5 of Schedule 2 to the Seed Marketing (Wales) Regulations 2012”;

for “the Vegetable Seeds Regulations (Northern Ireland) 2009” substitute “Part 5 of Schedule 2 to the Seed Marketing Regulations (Northern Ireland) 2016”.

omit “of 27 July 1994”;

for the words from “as last amended” to “29 April 2004;” substitute “, as last amended by Council Regulation (EC) No 15/2008^f2,”;

in paragraph (a), at the end insert “, as last amended by Regulation (EU) 2017/2393 of the European Parliament and of the Council^f3”;

in paragraph (b), at the end insert “, as last amended by Commission Delegated Regulation (EU) 2018/162”.

omit “Subject to paragraph (2) below,”;

for the words from “Commission Regulation” to the end substitute “Commission Regulation (EC) No 517/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 850/98 as regards the determination of the mesh size and assessing the thickness of twine of fishing nets^f2”;

in the definition of “the Council Regulation” as it extends to England and Wales, for “as last amended by Council Regulation (EC) No 973/2001^f2” substitute “, as last amended by Regulation (EU) 2015/812 of the European Parliament and of the Council^f3”;

in the definition of “the Council Regulation” as it extends to Northern Ireland, for “of 30th March 1998” to the end substitute “for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms, as last amended by Regulation (EU) 2015/812 of the European Parliament and of the Council”;

for the definition of “Regulation 2108/84” substitute—

• ““Regulation 517/2008” means Commission Regulation (EC) No 517/2008 laying down detailed rules for the implementation of the Council Regulation;”.

in the words before paragraph (a), for “Regulation 2108/84” substitute “Regulation 517/2008”;

in paragraph (a), for the words from “Articles 2(1)” to the end substitute “Article 10 of Regulation 517/2008 shall not be used”;

omit paragraph (b).

omit “of 30 March 1998”;

for the words from “as last amended” to the end substitute “, as last amended by Regulation (EU) 2015/812 of the European Parliament and of the Council”.

for “Regulation (EC) No 584/2008” substitute “Regulation (EU) No 1190/2012”;

for “point 3.1” substitute “point 2.2.4”.