The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019

JurisdictionScotland
CitationSSI 2019/26
  • These Regulations may be cited as the Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 and come into force on exit day.
  • (1) The Water Environment and Water Services (Scotland) Act 2003 (2) In section 1(1) (general purpose of Part 1) , after “water policy” insert “ , as last amended by Commission Directive 2014/101/EU , ”.(3) In section 2 (the general duties) , in subsections (1) and (2) , after “Directive” insert “ , the Groundwater Directive and the Priority Substances Directive ”.after the definition of “groundwater”, insert the following definition—
      the Groundwater Directive” means Directive 2006/118/EC of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration , as amended by Commission Directive 2014/80/EU ,
    ,
    after the definition of “loch”, insert the following definition—
      the Priority Substances Directive” means Directive 2008/105/EC of the European Parliament and of the Council on environmental quality standards in the field of water policy, amending and subsequently repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC of the European Parliament and of the Council , as amended by Directive 2013/39/EU of the European Parliament and of the Council ,
    .
    (5) After section 28, insert—
      (28A) Interpretation of Directives for the purposes of Part 1For the purposes of this Part—
    • (a) the Directive is to be interpreted in accordance with Part 1 of schedule 5,
    • (b) the Groundwater Directive is to be interpreted in accordance with Part 2 of that schedule, and
    • (c) the Priority Substances Directive is to be interpreted in accordance with Part 3 of that schedule.
    the Directive is to be interpreted in accordance with Part 1 of schedule 5,the Groundwater Directive is to be interpreted in accordance with Part 2 of that schedule, andthe Priority Substances Directive is to be interpreted in accordance with Part 3 of that schedule.(6) After schedule 4 (modifications of Part III of the 1980 Act) , insert—
      (SCHEDULE 5
    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,a reference to Community legislation is to be read as a reference to retained EU law,the Directive is to be read subject to the following rules.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.
    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 ”,in paragraph 37, for the words from “Directive 80/778/EEC” to the end, there were substituted “ Council Directive 98/83/EC on the quality of water intended for human consumption ”.Article 3(9) is to be ignored.in sub-paragraph (a) (iv) , for “Article 16(1) and (8) ” there were substituted “ the Priority Substances Directive ”,in sub-paragraph (b) (iii) , for “paragraphs 2, 4 and 5 of Article 17” there were substituted “ the Groundwater Directive,in paragraph 8, the reference to “other Community environmental legislation” were a reference to “retained EU law relating to the environment”,in paragraph 9, the reference to “the existing Community legislation” were a reference to “other relevant retained EU law”.for “at Community level under Article 16” there were substituted “ by the Priority Substances Directive ”,for “Directive 80/778/EEC as amended by Directive 98/83/EC” there were substituted “ the retained EU law which implemented Council Directive 98/83/EC on the quality of water intended for human consumption ”.Article 10 is to be ignored.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 ”,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/EC of the European Parliament and of the Council on the geological storage of carbon dioxide ”,for “action taken pursuant to Article 16,” there were substituted “ the Priority Substances Directive ”,for “agreed pursuant to Article 16(2) ” there were substituted “ in Annex X ”.Article 12 is to be ignored.Article 15 is to be ignored.Article 24 is to be ignored.after “gathered under” there were inserted “ the retained EU law which implemented ”,in sub-paragraph (ii) , the reference to information gathered under Articles 9 and 15 of Directive 96/61/EC were a reference to relevant information gathered under the retained EU law which implemented Articles 5(3) , 14 and 24 of Directive 2010/75/EC of the European Parliament and of the Council on industrial emissions ”,at the start of sub-paragraph (i) , there were inserted “retained EU law which implemented”,in sub-paragraph (ii) , the reference to information gathered under Articles 7 and 17 of Directive 91/414/EEC were a reference to relevant information gathered under Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC”,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 ”.in sub-paragraph (iii) , for “Directive 76/160/EEC” there were substituted “ retained EU law which implemented Directive 2006/7/EC of the European Parliament and of the Council concerning the management of bathing water quality and repealing Directive 76/160/EEC,in sub-paragraph (iv) , after “under”, in both places it occurs, there were inserted “ the retained EU law which implemented ”,after “under”, there were inserted “ the retained EU law which implemented ”,for “Directive 79/409/EEC” there were substituted “ the retained EU law which implemented Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds ”,in paragraph 2, the words “Community, national or local” were omitted.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 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC,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,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,in section 1.3.5, for “Drinking Water Directive” there were substituted “ retained EU law which implemented Council Directive 98/83/EC on the quality

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