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3.—(1) The Environmental Permitting (England and Wales) (Amendment) (EU Exit) Regulations 2019(1) are amended as follows.
(2) In regulation 2—
(a)omit paragraph (11)(b)(i);
(b)in paragraph (17)(b)(i)—
(i)in the words before sub-paragraph (aa), for “for” substitute “in”;
(ii)omit sub-paragraph (aa);
(c)omit paragraph (18)(b)(i).
(3) In the Schedule, in the text of new Schedule 1A, after paragraph 6(5) insert—
“(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(2)” 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(3) or other domestic legislation which immediately before exit day implemented Directive 2009/31/EC””.
Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006.
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