“SCHEDULE 5
Section 28A
INTERPRETATION OF DIRECTIVES FOR THE PURPOSES OF PART 1
PART 1
The Directive
Introduction
(1)
(1) (1) When interpreting the Directive for the purposes of Part 1 of this Act—
(a) a reference to one or more member States in a provision imposing an obligation, or conferring a discretion, on a member State or member States is to be read as a reference to the relevant authority which, immediately before exit day, was responsible for the United Kingdom’s compliance with that obligation, or able to exercise that discretion, in respect of Scotland,
(b) a reference to Community legislation is to be read as a reference to retained EU law,
(c) the Directive is to be read subject to the following rules.
(2)
(2) In sub-paragraph 1(a)—
“exit day” has the meaning given by section 20 of the European Union (Withdrawal) Act 2018,
“relevant authority” means—
(a) the Scottish Ministers,
(b) SEPA,
(c) any responsible authority.
Modifications to the Articles
(2) Article 2 is to be read as if—
(a)
(a) in paragraph 24, for the words from “in Annex IX” to the end, there were substituted “by the Priority Substances Directive, and under relevant retained EU law which sets environmental quality standards”,
(b)
(b) in paragraph 37, for the words from “ Directive 80/778/EEC” to the end, there were substituted “Council Directive 98/83/ECon the quality of water intended for human consumption8”.
(3) Article 3(9) is to be ignored.
(4) Article 4 is to be read as if—
(a)
(a) in paragraph 1—
(i) in sub-paragraph (a)(iv), for “Article 16(1) and (8)” there were substituted “the Priority Substances Directive”,
(ii) in sub-paragraph (b)(iii), for “paragraphs 2, 4 and 5 of Article 17” there were substituted “the Groundwater Directive”,
(b)
(b) in paragraph 8, the reference to “other Community environmental legislation” were a reference to “retained EU law relating to the environment”,
(c)
(c) in paragraph 9, the reference to “the existing Community legislation” were a reference to “other relevant retained EU law”.
(5) Article 7(2) is to be read as if—
(a)
(a) for “at Community level under Article 16” there were substituted “by the Priority Substances Directive”,
(b)
(b) for “ Directive 80/778/EECas amended by Directive 98/83/EC” there were substituted “the retained EU law which implemented Council Directive 98/83/ECon the quality of water intended for human consumption”.
(6) Article 10 is to be ignored.
(7) Article 11(3) is to be read as if—
(a)
(a) in sub-paragraph (a), for the words from “to implement” to the end, there were substituted “under retained EU law for the protection of water”,
(b)
(b) in sub-paragraph (j), in the fourth indent, for the words from “ Directive 2009/31/EC” to the end, there were substituted “the retained EU law which implemented Directive 2009/31/ECof the European Parliament and of the Council on the geological storage of carbon dioxide9”,
(c)
(c) in sub-paragraph (k)—
(i) for “action taken pursuant to Article 16,” there were substituted “the Priority Substances Directive”,
(ii) for “agreed pursuant to Article 16(2)” there were substituted “in Annex X”.
(8) Article 12 is to be ignored.
(9) Article 15 is to be ignored.
(10) Article 24 is to be ignored.
(11) Annex II is to be read as if, in section 1.4—
(a)
(a) in the second paragraph—
(i) after “gathered under” there were inserted “the retained EU law which implemented”,
(ii) in sub-paragraph (ii), the reference to information gathered under Articles 9 and 15 of Directive 96/61/ECwere a reference to relevant information gathered under the retained EU law which implemented Articles 5(3), 14 and 24 of Directive 2010/75/ECof the European Parliament and of the Council on industrial emissions10”,
(b)
(b) in the third paragraph—
(i) at the start of sub-paragraph (i), there were inserted “retained EU law which implemented”,
(ii) in sub-paragraph (ii), the reference to information gathered under Articles 7 and 17 of Directive 91/414/EECwere a reference to relevant information gathered under Regulation (EC) No 1107/2009of the European Parliament and of the Council concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EECand 91/414/EEC”,
(iii) in sub-paragraph (iii), for “ Directive 98/8/EC” there were substituted “Regulation (EU) No 528/2012 of the European Parliament and of the Council concerning the making available on the market and use of biocidal products”.
(12) Annex IV is to be read as if—
(a)
(a) in paragraph 1—
(i) in sub-paragraph (iii), for “ Directive 76/160/EEC” there were substituted “retained EU law which implemented Directive 2006/7/ECof the European Parliament and of the Council concerning the management of bathing water quality and repealing Directive 76/160/EEC11”,
(ii) in sub-paragraph (iv), after “under”, in both places it occurs, there were inserted “the retained EU law which implemented”,
(iii) in sub-paragraph (v)—
(A) after “under”, there were inserted “the retained EU law which implemented”,
(B) for “ Directive 79/409/EEC” there were substituted “the retained EU law which implemented Directive 2009/147/ECof the European Parliament and of the Council on the conservation of wild birds12”,
(b)
(b) in paragraph 2, the words “Community, national or local” were omitted.
(13) Annex V is to be read as if—
(a)
(a) references in tables 1.2.1 to 1.2.5 to Directive 91/414/EC, in each place they occur, were references to Regulation (EC) No 1107/2009of the European Parliament and of the Council concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EECand 91/414/EEC,
(b)
(b) references in tables 1.2.1 to 1.2.5 to Directive 98/8/EC, in each place they occur, were references to Regulation (EU) No 528/2012 of the European Parliament and of the Council concerning the making available on the market and use of biocidal products,
(c)
(c) in section 1.3.1, in the unnumbered paragraph headed “Selection of monitoring points”, the fourth indent (referring to “the Information Exchange Decision 77/795/EEC”) were omitted,
(d)
(d) in section 1.3.5, for “Drinking Water Directive” there were substituted “retained EU law which implemented Council Directive 98/83/ECon the quality of water intended for human consumption13”,
(e)
(e) in section 1.4.3, for “Annex IX, Article 16 and under other relevant Community legislation” there were substituted “the Priority Substances Directive and under relevant retained EU law”,
(f)
(f) in the table in section 2.3.2, in the column for “good status”, for “other relevant Community legislation in accordance with Article 17” there were substituted “the Groundwater Directive”,
(g)
(g) in section 2.4.5, for “the Directives concerned” there were substituted “the Priority Substances Directive and the Groundwater Directive”.
(14) Annex VI is to be read as if Part A were omitted.
(15) Annex VII is to be read as if, in Part A, in point 7.1, for “to implement Community legislation” there were substituted “under retained EU law”.
Definition of retained EU law
(16) For the purposes of this Part,...
