The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019

Type Statutory-Instrument
Publication 2019-02-26
Last updated 2020-12-31
State In force
Department King's Printer of Acts of Parliament
PDF Download
articles Not indexed
Reform history JSON API

Made: 26th February 2019

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 2018 .

In accordance with paragraph 1(1) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

PART 1 — Introduction

Citation and commencement

1

These Regulations may be cited as the Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 and come into force on exit day.

PART 2 — Amendments to retained direct EU legislation on the environment

Regulation (EC) No 850/2004 of the European Parliament and of the Council on persistent organic pollutants

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Council Regulation (EC) No 2173/2005 on the establishment of a FLEGT licensing scheme for imports of timber into the European Community

3

(9) The Secretary of State may, by regulations, make provision— (a) for the information to be produced in a licence, (b) for the form of such a licence, and (c) in relation to the acceptance and verification of licences, including in relation to the inspection of shipments .

(1) The Secretary of State may, by regulations, insert an Annex 1 into this Regulation listing the partner countries and their designated licensing authorities.

(1) Regulations made under this Regulation are to be made by statutory instrument. (2) A statutory instrument containing regulations made under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament. (3) Such regulations may— (a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018)); (b) make different provision for different purposes.

Regulation (EC) No 166/2006 of the European Parliament and of the Council concerning the establishment of a European Pollutant Release and Transfer Register

4

(1) Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument. (2) For regulations made by the Scottish Ministers under this Regulation, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010. (3) Any power of the Department of Agriculture, Environment and Rural Affairs to make regulations under this Regulation is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979. (4) A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament. (5) A statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the National Assembly for Wales. (6) Regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010). (7) Regulations made by the Department of Agriculture, Environment and Rural Affairs under this Regulation are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act. (8) Such regulations may— (a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018)); (b) make different provision for different purposes. (9) For the purposes of regulations made under Article 8(3) or 9(4), the Secretary of State is the appropriate authority if consent is given by— (a) for regulations applying in relation to Wales, the Welsh Ministers; (b) for regulations applying in relation to Scotland, the Scottish Ministers; (c) for regulations applying in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs. (10) The Secretary of State may only make regulations for the purposes of Article 18 in relation to the whole of the United Kingdom. (11) The Secretary of State may not make regulations in accordance with paragraph 10 without the consent of— (a) in relation to Wales, the Welsh Ministers; (b) in relation to Scotland, the Scottish Ministers; (c) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs. (12) Where any of the parties mentioned in paragraph 11(a) to (c) requests that the Secretary of State make regulations under this Regulation, the Secretary of State must have regard to that request.

Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste

5

(5) The Secretary of State may, if the condition in paragraph 6 is met, make regulations setting out the technical and organisational requirements for the practical implementation of electronic data interchange for the submission of documents and information with a view to facilitating the implementation of paragraph 4. (6) The condition is that the Secretary of State— (a) has taken into consideration any relevant international standards, and (b) is satisfied that the requirements set out in the regulations are in conformity with Regulation (EU) No 910/2014 or provide at least the same level of security as provided for under that Regulation.

The Secretary of State may, by regulations, amend Commission Regulation (EC) No 1418/2007 in order to take into account any replies received pursuant to paragraph 1 on or after exit day.

(4e) The Secretary of State may, by regulations, amend the correlation table in Commission Implementing Regulation (EU) 2016/1245 in order to— (a) reflect changes to the combined nomenclature provided for in Council Regulation (EEC) No 2658/87; (b) reflect changes to the entries of waste listed in Annexes 3, 3A, 3B, 4, 4A and 5; (c) include any new waste-related codes of the Harmonised System Nomenclature that the World Customs Organisation may adopt.

(1) Regulations made under this Regulation are to be made by statutory instrument. (2) A statutory instrument containing regulations made under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament. (3) Such regulations may— (a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018)); (b) make different provision for different purposes.

Regulation (EU) No 995/2010 of the European Parliament and of the Council laying down the obligations of operators who place timber and timber products on the market

6

(3) The Secretary of State may, by regulations, amend the list of specified criteria in this Article to add further risk assessment criteria that the Secretary of State considers necessary for the purposes of ensuring the effectiveness of the due diligence system.

(4) Before exercising the power in paragraph 3 to make regulations, the Secretary of State must take into account: (a) market developments; and (b) experience gained in the operation of this Regulation.

(1) The Secretary of State may make regulations amending and supplementing the list of timber and timber products set out in the Annex. (2) In making regulations under paragraph 1 the Secretary of State must have regard to— (a) the experience gained in the operation of this Regulation; (b) developments with regard to technical characteristics, end users and production processes of timber and timber products; and (c) the need to ensure that such regulations do not create a disproportionate burden on operators. (1) Regulations made under this Regulation are to be made by statutory instrument. (2) A statutory instrument containing regulations made under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament. (3) Such regulations may— (a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018)); and (b) make different provision for different purposes.

Regulation (EU) No 511/2014 of the European Parliament and of the Council on compliance measures for users from the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization in the Union

7

(1) Regulations made under this Regulation are to be made by statutory instrument. (2) A statutory instrument containing regulations made under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament. (3) Such regulations may— (a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018)); (b) make different provision for different purposes.

Regulation EU 2017/852 of the European Parliament and of the Council on mercury

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 — Other provision in relation to the environment

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

Power to make decisions on BAT conclusions for the purposes of Directive 2010/75/EU

9 1 An appropriate authority may, by regulations, make provision specifying BAT conclusions for the purposes of provisions that have transposed Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) (Recast)[^f00008] into domestic law. 2 Regulations made by the Secretary of State or the Welsh Ministers under this Part are to be made by statutory instrument. 3 For regulations made by the Scottish Ministers under this Part, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010. 4 Any power of the Department of Agriculture, Environment and Rural Affairs to make regulations under this Part is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979. 5 A statutory instrument containing regulations made by the Secretary of State under this Part is subject to annulment in pursuance of a resolution of either House of Parliament. 6 A statutory instrument containing regulations made by the Welsh Ministers under this Part is subject to annulment in pursuance of a resolution of the National Assembly for Wales. 7 Regulations made by the Scottish Ministers under this Part are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010). 8 Regulations made by the Department of Agriculture, Environment and Rural Affairs under this Part are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act. 9 Such regulations may— a contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018)); b make different provision for different purposes. 10 Before making any regulations under this Part, an appropriate authority must consult— a such bodies or persons as appear to the appropriate authority to be representative of the interests likely to be substantially affected by the regulations; b such other bodies or persons as the appropriate authority may consider appropriate. 11 In this Part, “appropriate authority” means— a for regulations applying in relation to England, the Secretary of State; b for regulations applying in relation to Wales, the Welsh Ministers; c for regulations applying in relation to Scotland, the Scottish Ministers; d for regulations applying in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs. 12 But the appropriate authority is the Secretary of State if consent is given by— a for regulations applying in relation to Wales, the Welsh Ministers; b for regulations applying in relation to Scotland, the Scottish Ministers; c for regulations applying in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs. 13 In this Part, “BAT conclusions” means a document laying down the conclusions on best available techniques, their description, information to assess their applicability, the emission levels associated with the best available techniques, associated monitoring, associated consumption levels and, where appropriate, relevant site remediation measures. 14 In relation to paragraph (13) and this paragraph— “available techniques” means those developed on a scale which allows implementation in the relevant industrial sector, under economically and technically viable conditions, taking into consideration the costs and advantages, whether or not the techniques are used or produced inside the United Kingdom, as long as they are reasonably accessible; “best” means most effective in achieving a high general level of protection of the environment as a whole; “best available techniques” means the most effective and advanced stage in the development of activities and their methods of operation which indicates the practical suitability of particular techniques for providing the basis for emission limit values and other permit conditions designed to prevent and, where that is not practicable, to reduce emissions and the impact on the environment as a whole. “emission levels associated with the best available techniques” means the range of emission levels obtained under normal operating conditions using a best available technique or a combination of best available techniques, as described in BAT conclusions, expressed as an average over a given period of time, under specified reference conditions; “emission limit value” means the mass, expressed in terms of certain specific parameters, concentration and/or level of an emission, which may not be exceeded during one or more periods of time; “techniques” includes both the technology used and the way in which the installation is designed, built, maintained, operated and decommissioned.

PART 4 — Amendments to retained direct EU legislation on wildlife

Council Regulation (EEC) No 3254/91 prohibiting the use of leghold traps in the Community and the introduction into the Community of pelts and manufactured goods of certain wild animal species originating in countries which catch them by means of leghold traps or trapping methods which do not meet international humane trapping standards

10

(4) In paragraph 3 and Article 4, “an approved country”, in relation to the pelts of any species (and goods incorporating such pelts), means a country listed in the Annex to the Council Decision in respect of that species. (5) Subject to paragraph 6, the Secretary of State may, by regulations, amend the Annex to the Council Decision by— (a) adding an entry; (b) amending an entry; (c) omitting an entry. (6) The Secretary of State may not add a country to the list of approved countries in the Annex to the Council Decision unless the Secretary of State is satisfied that, in that country— (a) there are adequate administrative or legislative provisions in force to prohibit the use of the leghold trap, or (b) the trapping methods used for the species specified in Annex 1 meet internationally agreed trapping standards. (7) In this Article, “the Council Decision” means Council Decision 97/602/EC concerning the list referred to in the second subparagraph of Article 3(1) of Regulation (EEC) No 3254/1991 and in Article 1(1)(a) of Commission Regulation (EC) No 35/97.

The Secretary of State may, by regulations, amend Commission Regulation (EC) No 35/97 laying down provisions on the certification of pelts and goods covered by Regulation (EEC) No 3254/91.

(1) Regulations made under this Regulation are to be made by statutory instrument. (2) A statutory instrument containing regulations made under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament. (3) Such regulations may contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018)).

Commission Regulation (EC) No 35/97 laying down provisions on the certification of pelts and goods covered by Council Regulation (EEC) No 3254/91

11

In Article 2 of Commission Regulation (EC) No 35/97 laying down provisions on the certification of pelts and goods covered by Council Regulation (EEC) No 3254/91

(4) The Secretary of State must publish the model forms referred to in paragraph 1 in a manner which the Secretary of State considers appropriate.

Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signed

Thérèse Coffey — Parliamentary Under Secretary of State — 2019-02-26

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2018 c. 16.

[^f00002]: The existing paragraph in Article 2 became paragraph 1 of that Article by virtue of S.I. 2018/1405. Article 2(1)(i) was inserted by that instrument.

[^f00003]: 2010 asp 10.

[^f00004]: S.I. 1979/1573 (N.I. 12).

[^f00005]: 1954 c. 33 (N.I.). Section 41(6) was amended by S.I. 1999/663.

[^f00006]: Equivalent provision is set out in Commission Regulation (EC) No 1024/2008 laying down detailed measures for the implementation of Council Regulation (EC) No 2173/2005 on the establishment of a FLEGT licensing scheme for imports of timber into the European Community.

[^f00007]: The existing paragraph in Article 2 became paragraph 1 of that Article by virtue of S.I. 2019/96. Article 2(1)(12) was inserted by that instrument.

[^f00008]: OJ No L 334, 17.12.2010, p 17, as corrected by a corrigendum (OJ No L 158, 19.6.2012, p 25).

Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) (Recast) Power to make decisions on BAT conclusions for the purposes of Directive 2010/75/EU

9

Editorial notes

[^c23623881]: 2018 c. 16.

[^c23623931]: Equivalent provision is set out in Commission Regulation (EC) No 1024/2008 laying down detailed measures for the implementation of Council Regulation (EC) No 2173/2005 on the establishment of a FLEGT licensing scheme for imports of timber into the European Community.

[^c23623951]: OJ No L 334, 17.12.2010, p 17, as corrected by a corrigendum (OJ No L 158, 19.6.2012, p 25).

[^key-01f00110ca4b15fa010a5d5f9f4f0b13]: Reg. 1 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-136493e75b4a975129bafd8965f7f57e]: Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-2b92d2b7ba44c7c6086602dce7526915]: Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-2ed651c483f10eafa83a19df8b5cdafc]: Reg. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-3a44bddd3481a92c003e3df60bbd9b15]: Reg. 2 omitted (31.12.2020 immediately before IP completion day) by virtue of The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(1), 30

[^key-5410d3434816ff91e5b9f9411aeb3813]: Reg. 12 omitted (31.12.2020) by virtue of The Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1395), regs. 1(2), 4

[^key-6f969d9f462de74072efebdc6f9f0d2a]: Reg. 10(2)(a) substituted (31.12.2020 immediately before IP completion day) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 5(2)(a)

[^key-77a8aa679f36dccf167aaf271d3e64c2]: Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-91ee409d1b2e15c2597c1c119731bf34]: Words in reg. 10(2)(b) substituted (31.12.2020 immediately before IP completion day) by The Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1590), regs. 1(1)(b)(i), 5(2)(b)

[^key-a07be64d213238dc5dfc0c57424c30fb]: Reg. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-b71aceafaeb2473915c56b6bf65bdd1d]: Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-bf8c9f54b1020a5ac0dc142d0477d461]: Reg. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-c70b85b884a8185f82bd3522855955b7]: Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^M_F_52cc6702-c02e-49aa-ee41-c25bd911a8ee]: Reg. 8 omitted (31.12.2020 immediately before IP completion day) by virtue of The Control of Mercury (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1620), regs. 2(1), 39

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.