The Air Quality (Amendment) (Northern Ireland Protocol) (EU Exit) Regulations 2020
2020 No. 1132
Exiting The European Union
Environmental Protection
The Air Quality (Amendment) (Northern Ireland Protocol) (EU Exit) Regulations 2020
Made 14th October 2020
Laid before Parliament 19th October 2020
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8C(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 20181.
Citation and commencement
1. These Regulations may be cited as the Air Quality (Amendment) (Northern Ireland Protocol) (EU Exit) Regulations 2020 and they come into force immediately before IP completion day.
Amendment of the Air Quality (Miscellaneous Amendment and Revocation of Retained Direct EU Legislation) (EU Exit) Regulations 2018
2.—(1) The Air Quality (Miscellaneous Amendment and Revocation of Retained Direct EU Legislation) (EU Exit) Regulations 20182are amended as follows.
(2) In regulation 20(2), in the new Article 2 to be inserted by that paragraph—
(a)
(a) in paragraph 1, after the words “the United Kingdom” insert “but not in so far as they relate to an activity that comes within the scope of a NI Protocol obligation”;
(b)
(b) in paragraph 2, after the definition of “best available techniques,” insert—
““NI Protocol obligation” means any obligation created or arising under Article 9 of, and Annex 4 to, the Northern Ireland Protocol as regards Directive 2010/75/EUof the European Parliament and of the Council on industrial emissions, whether or not it is an obligation to which section 7A(2) of the European Union (Withdrawal) Act 2018 applies;
“Northern Ireland Protocol” means the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement.”.
(3) In regulation 22—
(a)
(a) for paragraph (3)(b), substitute—
“(b)
“(b) in the third paragraph, from the words from “is addressed to” to the end substitute “does not apply to any activity that comes within the scope of a NI Protocol obligation.”;
(b)
(b) in paragraph (4), in the new Article 3 to be inserted by that paragraph, after the definition of “competent authority”, insert—
““NI Protocol obligation” means any obligation created or arising under Article 9 of, and Annex 4 to, the Northern Ireland Protocol as regards Directive 2010/75/EUof the European Parliament and of the Council on industrial emissions, whether or not it is an obligation to which section 7A(2) of the European Union (Withdrawal) Act 2018 applies;
“Northern Ireland Protocol” means the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement.”.
(4) After regulation 24, insert—
“Decision (EU) 2019/2010 establishing the best available techniques (BAT) conclusions, under Directive 2010/75/EUof the European Parliament and of the Council, for waste incineration
24A. (1) Decision (EU) 2019/2010 establishing the best available techniques (BAT) conclusions, under Directive 2010/75/EU...
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