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

Publication Date:January 01, 2018
 
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2018No. 942

AGRICULTURE

LIVESTOCK INDUSTRIES

ANIMALS, ENGLAND

ANIMAL HEALTH

ENVIRONMENTAL PROTECTION

FOOD

FORESTRY, ENGLAND AND WALES

FREEDOM OF INFORMATION, ENGLAND AND WALES

FREEDOM OF INFORMATION, NORTHERN IRELAND

HEALTH AND SAFETY, ENGLAND AND WALES

MARINE MANAGEMENT

PESTICIDES

PLANT BREEDERS' RIGHTS

SEA FISHERIES

CONSERVATION OF SEA FISH

SEA FISH INDUSTRY

WASTE

WATER, ENGLAND AND WALES

WATER INDUSTRY, ENGLAND AND WALES

WATER RESOURCES, ENGLAND

WATER RESOURCES, SCOTLAND

The Environment, Food and Rural Affairs (Miscellaneous

Amendments and Revocations) Regulations 2018

Made20thAugust2018

Laid before Parliament23rdAugust2018

Coming into force in accordance with regulation 1(2)

The Secretary of State makes these Regulations in exercise of the powers conferred by—

(a) section 2(2) of the European Communities Act 1972 (“the 1972 Act”)( 1);

(b) so far as relating to regulations 14, 19, 20(2)(c), 23(3)(b), 39(a) and 54(2), paragraph 1A of Schedule 2 to the 1972 Act( 2);

(c) so far as relating to regulation 35, sections 33A and 219(2)(f) of the Water Resources Act 1991( 3).

The Secretary of State is a Minister designated for the purposes of section 2(2) of the 1972 Act in relation to—

(a) batteries and accumulators( 4);

(b) the common agricultural policy( 5);

(c) the environment( 6);

(d) materials providing or intended to provide nutrients for plants( 7);

(e) measures in the veterinary and phytosanitary fields for the protection of public health( 8);

(f) measures relating to biocides( 9);

(g) measures relating to Community plant variety rights( 10);

(h) measures relating to food (including drink) including the primary production of food( 11);

(i) measures relating to the description of, and other requirements relating to, spirit drinks( 12);

(j) measures relating to the prevention, reduction and elimination of pollution caused by waste( 13);

(k) measures relating to the recovery of payment of amounts, not being customs duties or refunds of such duties, payable on the import or export of agricultural products or goods resulting from the processing of agricultural products, including conditions attached to and relief allowed in respect of such payments( 14);

(l) the prevention and recovery of waste electrical and electronic equipment( 15);

(m) the prevention of waste from vehicles and forms of recovery of end of life vehicles and their components( 16);

(n) the restriction of the use of hazardous substances in electrical and electronic equipment( 17).

These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Secretary of State that it is expedient for references to the following EU instruments to be construed as references to those instruments as amended from time to time—

(a) Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures( 18);

(b) Regulation (EU) No 251/2014 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products( 19);

(c) Commission Delegated Regulation (EU) 2017/670 supplementing Regulation (EU) No 251/2014 of the European Parliament and of the Council as regards the authorised production processes for obtaining aromatised wine products( 20);

(d) Commission Regulation (EU) No 1190/2012 concerning a Union target for the reduction ofSalmonella Enteritidis and Salmonella Typhimurium in flocks of turkeys, as provided for in Regulation (EC) No 2160/2003 of the European Parliament and of the Council( 21).

There has been consultation, as required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety( 22), during the preparation and evaluation of these Regulations so far as they relate to food.

PART 1

Introduction

Citation, commencement, extent and application

1.—(1) These Regulations may be cited as the Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) Regulations 2018.

(2) They come into force on 17th September 2018 except for the following regulations which come into force on 10th November 2018—

(a) regulation 5(b);

(b) regulation 7(2);

(c) regulation 18;

(d) regulation 20(2)(d);

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

(3) Subject to paragraphs (4) to (6), a provision that amends an enactment has the same extent and application as the enactment, or provision or part of the enactment, that it amends.

(4) Regulation 3 does not extend to Scotland.

(5) Regulation 10 does not apply insofar as the Welsh Ministers may make similar provision by virtue of section 58B of the Government of Wales Act 2006, read with sections 107 and 108A of, and paragraph 171 of Part 2 of Schedule 7A to, that Act( 23).

(6) The following regulations do not apply in relation to Wales—

(a) regulation 19;

(b) regulation 30;

(c) regulation 32;

(d) regulation 35;

(e) regulation 44.

PART 2

Amendments of legislation concerning the environment

CHAPTER 1

Amendments of primary legislation

The Environmental Protection Act 1990

2. In section 62A(1)(b) of the Environmental Protection Act 1990( 24), at the end insert “, as last amended by Council Regulation (EU) 2017/997( 25).

The Environment Act 1995

3. In section 41(1)(c) of the Environment Act 1995( 26), after “Directive 2008/98/EC” insert “, as last amended by Council Regulation (EU) 2017/997,”.

The Pollution Prevention and Control Act 1999

4.—(1) The Pollution Prevention and Control Act 1999( 27) is amended as follows.

(2) In section 1—

(a) 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)( 28);”;

(b) in subsection (3)(e), for “Council Directive 96/61/EC( 29)” substitute “Directive 2010/75/EU”.

(3) In Schedule 1, in paragraph 20(2)—

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

(b) in paragraph (c) omit “other”.

The Natural Environment and Rural Communities Act 2006

5. In section 43(3) of the Natural Environment and Rural Communities Act 2006( 30)

(a) in paragraph (c), at the end insert “, as last corrected by a corrigendum (OJ No L 280, 28.10.2017, p 57)”;

(b) in paragraph (d), at the end insert “, as last amended by Commission Regulation (EU) 2018/605( 31).

The Marine and Coastal Access Act 2009

6. In section 75(5) of the Marine and Coastal Access Act 2009( 32), after “waste” insert “, as last amended by Council Regulation (EU) 2017/997,”.

CHAPTER 2

Amendments of secondary legislation

The Control of Pesticides Regulations 1986

7.—(1) The Control of Pesticides Regulations 1986( 33) are amended as follows.

(2) In regulation 2(1), 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”.

(3) In regulation 8(6), for “the Environmental Information Regulations 1992( 34) substitute “the Environmental Information Regulations 2004( 35).

The Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999

8.—(1) The Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999( 36) are amended as follows.

(2) In regulation 2(1) omit the definition of “EEA State”.

(3) In regulation 3(3), in the words before sub-paragraph (a)—

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

(b) for “likely to have, or not to have,” substitute “not likely to have”.

(4) In regulation 3B—

(a) 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.”;

(b) in paragraph (7)(g), for “and repealing Council Regulation (EC) No 1698/2005” substitute “, as last amended by Commission Delegated Regulation (EU) 2018/162( 37).

(5) In regulation 6, after paragraph (1A) insert—

“(1B) Where a proposer applies for a grant from the appropriate forestry body or the National Forest Company for the purposes of the project and the application is accompanied by the information referred to in regulation 5(2), the appropriate forestry body may treat that grant application as an application for an opinion under regulation 5 and as an exceptional case for the purposes of paragraph (1A).”.

(6) Schedule 2 is amended in accordance with paragraphs (7) to (10).

(7) In the heading, for “likely” substitute “not likely”.

(8) In paragraph 1A—

(a) in the heading, for “likely” substitute “not likely”;

(b) in sub-paragraph (1)—

(i) after “regulation 3(3),” insert “and subject to regulations 6(3) and 7(6),”;

(ii) for “likely to have, or not to have,” substitute “not likely to have”;

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

(9) In the heading of paragraph 2, for “likely” substitute “not likely”.

(10) For paragraph 2(1) substitute—

“(1) For the purposes of regulation 3(3), and subject to regulations 6(3) and 7(6), a project in Wales of a type specified in an entry in Column 1 in the Table that is below the threshold (if any) specified in Column 2 or 3 of the Table, whichever is appropriate to the land covered, or proposed to be covered, by that project is to be treated as being not likely to have a significant effect on the...

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