The Environmental Permitting (England and Wales) Regulations 2016

[F1 Modification of the Industrial Emissions Directive E+W

6.— (1) For the purposes of these Regulations, the Industrial Emissions Directive is to be read in accordance with this paragraph.

(2) When interpreting the Industrial Emissions Directive for the purposes of these Regulations—

(a) an expression used in the Directive that is defined in Part 1 of these Regulations has the meaning given in that Part, except for “installation” for the purposes of Schedules 7 and 14, and—

(i) for the purposes of Schedule 7, “installation” means Part A installation;

(ii) for the purposes of Schedule 14, “installation” means a stationary technical unit within which a solvent emission activity is carried out, and any other directly associated activities on the same site which have a technical connection with the solvent emission activity and which could have an effect on emission of volatile organic compounds;

(b) except in point 5 of Annex 4 to the Directive, a reference to “Member States” is to be read as a reference to the competent authority;

(c) the competent authority is—

(i) for the purposes of exercising a judgement as to whether there is an overriding need to maintain energy supplies under Articles 30(6) and 37, the appropriate authority;

(ii) otherwise, the regulator.

(3) Article 3 is to be read as if—

(a) in point (1)—

(i) for the purposes of Schedule 7 only, in the words before point (a), after “its compounds” there were inserted “ and any biological entity or micro-organism ”;

(ii) in point (a), for the words from “Article 1” to the end there were substituted “ Article 4 of the Basic Safety Standards Directive ”;

(b) points (2) to (4) were omitted;

(c) in point (6), for “Union” there were substituted “ retained EU ”;

(d) for points (7) and (8) there were substituted—

“(7) ‘permit’ means environmental permit;

(8) ‘general binding rule’—

(i) for the purposes of Schedules 15 and 17 to the Environmental Permitting (England and Wales) Regulations 2016, means emission limit values or other conditions, at least at sector level, that are adopted with the intention of being used directly to set permit conditions;

(ii) otherwise, means a standard rule published under regulation 26 of the Environmental Permitting (England and Wales) Regulations 2016;”;

(e) in point (10)(b), for “Member State in question” there were substituted “ United Kingdom ”;

(f) in point (11), after “Article 13” there were inserted “ as that Article had effect immediately before IP completion day ”;

(g) in point (12), for “means a document” there were substituted “ except where Article 13(7) applies, means a document annexed to retained direct EU legislation made under Article 13(5) as that Article had effect immediately before IP completion day ”;

(h) points (18) and (20) were omitted;

(i) in point (23), for the words from “point 1 of Article 2” to the end there were substituted “ point 1 of the second subparagraph of Article 2 of Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs ; ”;

(j) point (25) were omitted;

(k) in point (36), for the words from “point 26” to the end there were substituted “ Article 2(26) of Directive 2009/72/EC of the European Parliament and of the Council concerning common rules for the internal market in electricity ; ”;

(l) points (37), (38), (40), (41) were omitted.

(4) Article 5 is to be read as if—

(a) in paragraph 1, “or Union” were omitted;

(b) in paragraph 3, a reference to a numbered Article of Directive 85/337/EEC were a reference to the EU-derived domestic legislation which transposed the same numbered Article of Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment in respect of England and Wales.

(5) Article 7 is to be read as if, in the words before point (a), the words from “Directive 2004/35/EC ” to “damage” there were substituted “the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 and the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 ”.

( 5A) Article 9 is to be read as if—

(a) in paragraph 2, for “Member States” there were substituted “ the competent authority ”;

(b) in paragraph 4, for the words from “to 3 shall not” to the end, substitute “and 2 and the references to Annex 1 to Directive 2003/87/EC in both are to be read as if for “in a storage site permitted under Directive 2009/31/EC” in each place in which those words occur in that Annex, there were substituted “ in a storage site permitted under Chapter 3 of Part 1 of the Energy Act 2008 or other domestic legislation which immediately before IP completion day implemented Directive 2009/31/EC ”

(6)  Article 11(d) and (e) is to be read as if, for “Directive 2008/98/EC ” there were substituted “ the Waste Framework Directive ”.

(7) Article 12(2) is to be read as if—

(a) for “Directive 85/337/EEC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2011/92/EU in respect of England and Wales ”;

(b) for “Directive 96/82/EC ”there were substituted “ the Control of Major Accident Hazards Regulations 2015 ”.

(8) Article 13 is to be read as if—

(a) paragraphs 1 to 6 were omitted;

(b) in paragraph 7, for the words from “Pending” to “paragraph 5, the” there were substituted “ In the absence of a BAT conclusion, any relevant ”.

(9) Article 14 is to be read as if—

(a) in paragraph 4, the second sentence were omitted;

(b) in paragraph 7, for “the legislation” there were substituted “ retained EU law ”.

(10) Article 15 is to be read as if—

(a) in paragraph 3, in the words before point (a), “referred to in Article 13(5)” were omitted;

(b) in paragraph 4, the fifth subparagraph were omitted.

(11) Article 21 is to be read as if—

(a) in paragraph 1, for the words from “Member States” to “periodically reconsiders” there were substituted “ The competent authority must periodically reconsider ”;

(b) in paragraph 3—

(i) in the first subparagraph, in the words before point (a), for “decisions on BAT conclusions in accordance with Article 13(5)” there were substituted “ BAT conclusions ”;

(ii) in the second subparagraph, “in accordance with Article 13(5)” were omitted.

(12) Article 22 is to be read as if—

(a) in paragraph 1—

(i) for the words from “Directive 2000/60/EC ”to “deterioration” there were substituted “ the legislation listed in paragraph 1A ”;

(ii) for “Union” there were substituted “ retained EU ”;

(b) after paragraph 1 there were inserted—

“1A.   The legislation referred to in paragraph 1 is—

(a) the EU-derived domestic legislation which transposed Directive 2000/60/EC in respect of England and Wales ;

(b) the Environmental Damage (Prevention and Remediation) (England) Regulations 2015;

(c) the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009;

(d) Schedule 22 to the Environmental Permitting (England and Wales) Regulations 2016 and the other EU-derived domestic legislation which transposed Directive 2006/118/EC in respect of England and Wales .”;

(c) in paragraph 2—

(i) in the fourth subparagraph, for “Union” there were substituted “ retained EU ”;

(ii) the fifth subparagraph were omitted.

(13) Article 23 is to be read as if—

(a) in paragraph 4—

(i) in the fourth subparagraph, point (c) were omitted;

(ii) the fifth subparagraph were omitted;

(b) in paragraph 6, in the second subparagraph, for the words from “Directive 2003/4/EC ”to “environmental information” there were substituted “ the Environmental Information Regulations 2004 ”.

(14) Article 24(4) is to be read as if, for “Article 4(1) and (2) of Directive 2003/4/EC” there were substituted “ the exceptions in Part 3 of the Environmental Information Regulations 2004 ”.

(15) Article 30 is to be read as if—

(a) in paragraph 5 the second sub-paragraph were omitted;

(b) in paragraph 6, the third subparagraph were omitted.

(16) Article 31 is to be read as if—

(a) in paragraph 1, the words from “and with prior validation” to the end were omitted;

(b) in paragraph 2, for “points 3.1 or” there were substituted “ point ”.

(17) Article 32 is to be read as if—

(a) a reference to the plan or transitional national plan were a reference to the UK transitional plan prepared by the Secretary of State and submitted to the European Commission on 20th October 2015;

(b) in paragraph 2, in the second subparagraph, the words “, pursuant in particular to the requirements of Directives 2001/80/EC and 2008/1/EC ,” were omitted;

(c) in paragraph 3, the second subparagraph were omitted.

(18) Article 33 is to be read as if—

(a) in paragraph 1—

(i) in the words before point (a)—

(aa) the reference to the transitional national plan were a reference to the UK transitional plan prepared by the Secretary of State and submitted to the European Commission on 20th October 2015;

(bb) “referred to in Article 32” were omitted;

(ii) at the end of point (b) there were inserted “and”;

(iii) in point (c), the words “, pursuant in particular to the requirements of Directives 2001/80/EC and 2008/1/EC,” were omitted;

(iv) point (d) (and the “and” immediately preceding it) were omitted;

(b) in paragraph 2—

(i) for “Commission” in both places it occurs there were substituted “ appropriate authority ”;

(ii) in the first sentence, for “each Member State” substitute “ the regulator ”.

(19) Articles 34(1) and 35(1)(d) are to be read as if the words “, pursuant in particular to the requirements of Directives 2001/80/EC and 2008/1/EC,” were omitted.

(20) Article 42(2)(a)(iii) is to be read as if, for the words from “Regulation (EC) No 1774/2002” to the end there were substituted “ Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption ”.

(21) Article 44(d) is to be read as if “and Union” were omitted.

(22) Article 45(1)(a) is to be read as if for “European Waste List established by” there were substituted “ List in ”.

(23) Article 50(3) is to be read as if, in the second subparagraph, for the words from “Article 2(2)” to the end there were substituted “ regulation 2(1) of the Sulphur Content of Liquid Fuels (England and Wales) Regulations 2007 ”.

(24) Article 51 is to be read as if—

(a) in paragraph 1, the second sentence were omitted;

(b) in paragraph 4—

(i) for “Commission” there were substituted “ appropriate authority ”;

(ii) the words from “as part” to the end were omitted.

(25) Article 52 is to be read as if—

(a) in paragraph 2, for “European Waste List established by” there were substituted “ List in ”;

(b) in paragraph 4(a), for “Directive 2008/98/EC” there were substituted “ the Waste Framework Directive ”.

(26) Article 55(2) is to be read as if, in the first sentence, for “report referred to in Article 72 shall include” there were substituted “ regulator must provide to the appropriate authority ”.

(27) Article 59 is to be read as if—

(a) in paragraph 1, the second subparagraph were omitted;

(b) in paragraph 4—

(i) for “Commission” there were substituted “ appropriate authority ”;

(ii) “in accordance with Article 72(2)” were omitted.

(28) Article 65(3) is to be read as if for “restrictions laid down in Article 4(1) and (2) of Directive 2003/4/EC” there were substituted “ exceptions in Part 3 of the Environmental Information Regulations 2004 ”.

(29) Annex 1 is to be read as if—

(a) in the words before point 1, the second paragraph were omitted;

(b) in point 5.3—

(i) in point (a), in the words before point (i), for “Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment” there were substituted “ the Urban Waste Water Treatment (England and Wales) Regulations 1994 ”;

(ii) in point (b), in the words before point (i), for “Directive 91/271/EEC” there were substituted “ the Urban Waste Water Treatment (England and Wales) Regulations 1994 ”;

(c) in point 5.4, the words from “, as defined” to “of waste” were omitted;

(d) in point 6.9, for “Directive 2009/31/EC” there were substituted “ Chapter 3 of Part 1 of the Energy Act 2008 and other EU-derived domestic legislation which transposed Directive 2009/31/EC on the geological storage of carbon dioxide in relation to England and Wales ”;

(e) in point 6.11, for “Directive 91/271/EEC” there were substituted “ the Urban Waste Water Treatment (England and Wales) Regulations 1994 ”.

(30) Annex 2 is to be read as if, in the Section headed “Water”, in paragraph 13, for “Directive 2000/60/EC” there were substituted “ the Water Framework Directive ”.

(31) Annex 4 is to be read as if—

(a) in point 1(b), for the words from “consultations” to the end there were substituted “ a consultation in accordance with paragraph 10(2A)(a) of Schedule 5 to the Environmental Permitting (England and Wales) Regulations 2016 ”;

(b) in point 2—

(i) in point (a) “or authorities” were omitted;

(ii) in point (b), for “Directive 2003/4/EC” there were substituted “ the Environmental Information Regulations 2004 ”;

(c) in point 5, for “Member States” there were substituted “ appropriate authority ”.

(32) Annex 6 is to be read as if—

(a) in Part 4—

(i) in point 1, in the definition of “Vproc”, “Union or” were omitted;

(ii) point 3.1 were omitted;

(b) in Part 5, in entry 1 of the table, in the first column, after “defined in” there were inserted “ the third entry of Table 1 in ”;

(c) in Part 6, in point 2.1(c), after “furans” there were inserted “ and dioxin-like polychlorinated biphenyls and polycyclic aromatic hydrocarbons ”, but only in the case of particular plants where the regulator can demonstrate that emissions of those additional substances are, or are likely to be, significant.]

Textual Amendments

F1 Sch. 1A inserted (31.12.2020) by The Environmental Permitting (England and Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/39), reg. 1, Sch. (as amended by S.I. 2019/559, regs. 1(2), 3(3); S.I. 2019/1078, regs. 1, 3; S.I. 2020/1376, regs. 1(4), 4(2); S.I. 2020/1540, regs. 1(3), 10, 13(2)); 2020 c. 1, Sch. 5 para. 1(1)