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The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019

Type Statutory-Instrument

Publication 2019-03-14

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: 14th March 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 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

(1) These Regulations may be cited as the Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 and come into force on exit day.

(2) Regulations 2 and 35 extend to Great Britain only.

(3) Regulation 35A extends to Northern Ireland only.

PART 2 — Ozone-depleting substances

SECTION 1 — Amendment of subordinate legislation

The Ozone-Depleting Substances Regulations 2015

2

In the Ozone-Depleting Substances Regulations 2015 omit regulation 3.

SECTION 2 — Amendment and saving of retained direct EU legislation

Regulation (EC) No 1005/2009

3

Regulation (EC) No 1005/2009 of the European Parliament and of the Council on substances that deplete the ozone layer is amended in accordance with regulations 4 to 30.

Article 3 (definitions)

4

(1) Article 3 is amended as follows.

(2) After paragraph 3 insert—

(3A) ‘part of Great Britain’ means, as the case may be, England, Scotland or Wales; (3B) ‘Scotland’ is to be construed in accordance with section 126(1) and (2) of the Scotland Act 1998; (3C) ‘Wales’ is to be construed in accordance with section 158(1), (3) and (4) of the Government of Wales Act 2006; (3D) ‘appropriate authority’ means— (a) in relation to England, the Secretary of State; (b) in relation to Scotland, the Scottish Ministers; (c) in relation to Wales, the Welsh Ministers; (3E) ‘appropriate regulator’— (a) in relation to England, means the Environment Agency; (b) in relation to Scotland, is to be read in accordance with Article 3A; (c) in relation to Wales, is to be read in accordance with Article 3B;

(3) In paragraph 13, for “the Community” substitute “any part of Great Britain”.

(4) In paragraph 14 omit “and the Community”.

(5) In paragraph 17, for “a Member State” substitute “any part of Great Britain”.

(6) In paragraph 18, for the words from “the customs territory of the Community” to the end substitute “Great Britain”.

(7) In paragraph 19, for the words from “the customs territory of the Community” to the end substitute “Great Britain of substances, products and equipment covered by this Regulation;”.

(8) In paragraph 20—

(a) for “the Community” in the first and third place it occurs substitute “any part of Great Britain”;

(b) omit the words from “, and includes the release” to “Regulation (EC) No 450/2008”.

(9) After paragraph 25, insert—

(25A) ‘third country’ means a country other than the United Kingdom and for the purpose of Article 14 of this Regulation includes Northern Ireland;

Insertion of new Articles 3A and 3B

5

After Article 3, insert—

(1) The appropriate regulator in relation to Scotland is, subject to paragraph (2), the Scottish Environment Protection Agency. (2) The Scottish Ministers may direct that a person or body other than the Scottish Environment Protection Agency is the appropriate regulator in relation to cases of a particular description or in a particular case. (3) Before making a direction under paragraph (2), the Scottish Ministers must consult the Secretary of State. (1) The appropriate regulator in relation to Wales is, subject to paragraph (2), Natural Resources Body for Wales. (2) The Welsh Ministers may direct that a person or body other than Natural Resources Body for Wales is the appropriate regulator in relation to cases of a particular description or in a particular case. (3) Before making a direction under paragraph (2), the Welsh Ministers must consult the Secretary of State

Article 7 (production, placing on the market and use of controlled substances as feedstock)

6

(1) Article 7 is amended as follows.

(2) In paragraph 2, in the second subparagraph—

(a) in the first sentence, for “Commission may” substitute “ appropriate authority may, by regulations, ”;

(b) omit the second sentence.

Article 8 (production, placing on the market and use of controlled substances as process agents)

7

(1) Article 8 is amended as follows.

(2) In paragraph 3, in the second subparagraph—

(a) in the first sentence, for “Commission may” substitute “appropriate authority may, by regulations,”;

(b) omit the second sentence.

(3) In paragraph 4, in the first subparagraph—

(a) for “Commission” substitute “appropriate authority”;

(b) omit “in accordance with the management procedure referred to in Article 25(2),”.

(4) In paragraph 4, in the second subparagraph—

(a) omit “maximum”;

(b) for “the Community shall not exceed 1 083 metric tonnes per year” substitute “any part of Great Britain shall not, when added to the amounts that may be used as process agents in the other parts of Great Britain, exceed a maximum amount of 130.4 metric tonnes per year”;

(i) omit “maximum”;

(ii) for “the Community shall not exceed 17 metric tonnes per year” substitute “any part of Great Britain shall not, when added to the amounts that may be used as process agents in the other parts of Great Britain, exceed a maximum amount of 2.0 metric tonnes per year”.

(5) In paragraph 5, in the first subparagraph—

(a) in the words before point (a), for “Commission shall” substitute “Secretary of State shall, by regulations”;

(b) omit the second subparagraph.

Article 9 (placing on the market of controlled substances for destruction or reclamation and of products and equipment containing or relying on controlled substances for destruction)

8

In Article 9, for “the Community”, in each place it occurs, substitute “any part of Great Britain”.

Article 10 (essential laboratory and analytical uses of controlled substances other than hydrochlorofluorocarbons)

9

(1) Article 10 is amended as follows.

(2) In paragraph 2—

(a) for “Commission” substitute “appropriate authority”;

(b) omit “in accordance with the management procedure referred to in Article 25(2),”;

(3) In paragraph 3—

(a) in the second subparagraph—

(i) in the first sentence, for “Commission may” substitute “appropriate authority may, by regulations,”;

(ii) omit the second sentence;

(b) in the third subparagraph—

(i) in the second sentence, for “Commission may” substitute “appropriate authority may, by regulations,”;

(ii) omit the third sentence.

(4) In paragraph 4, for “Commission” substitute “appropriate regulator”.

(5) In paragraph 5, for “Commission”, in each place it occurs, substitute “appropriate regulator”.

(6) In paragraph 6—

(a) in the first subparagraph, for “Commission” substitute “appropriate regulator”;

(b) in the second subparagraph, for “110 ODP tonnes” substitute “13.2 ODP tonnes”;

(i) in the first sentence, for “Commission” substitute “appropriate authority”;

(ii) after “importers” insert “and publish the determination”;

(iii) omit the second sentence.

(7) In paragraph 7—

(a) in the first subparagraph, for the words from “competent authority” to “situated” substitute “appropriate authority”;

(b) omit the second subparagraph.

(8) In paragraph 8—

(a) in the first subparagraph, for the words from “competent authority” to “situated” substitute “appropriate authority”;

(b) omit the second subparagraph.

Article 11 (production, placing on the market and use of hydrochlorofluorocarbons and placing on the market of products and equipment containing or relying on hydrochlorofluorocarbons)

10

(1) Article 11 is amended as follows.

(2) In paragraph 5, for “Commission” substitute “ appropriate regulator ”.

(3) In paragraph 8, in the first subparagraph—

(a) for “Commission” substitute “ appropriate authority ”;

(b) omit the words from “, following a request” to “Article 25(2),”.

Article 12 (quarantine and pre-shipment applications and emergency uses of methyl bromide)

11

(1) Article 12 is amended as follows.

(2) Omit paragraphs 1 and 2.

(3) In paragraph 3—

(a) from the words “Commission” to “Member State,” substitute “appropriate authority may”;

(b) for “Directive 91/414/EEC and Directive 98/8/EC” substitute “ Regulation (EC) 1107/2009 and Regulation (EU) 528/2012 ”.

Article 13 (critical uses of halons and decommissioning or equipment containing halons)

12

(1) Article 13 is amended as follows.

(2) In paragraph 1, for “competent authority of the Member State concerned” substitute “ appropriate regulator ”.

(3) In paragraph 2—

(a) in the first subparagraph, for the words from “Commission” to “modifications and” substitute “ appropriate authority shall review Annex 6 and, if appropriate, make regulations to amend Annex 6 and set ”;

(b) omit the second subparagraph.

(4) In paragraph 4, for the words from “Commission may” to “Article 25(2),” substitute “ appropriate authority may, by regulations ”.

Article 14 (transfer of rights and industrial rationalisation)

13

(1) Article 14 is amended as follows.

(2) In paragraph 1—

(a) for “the Community” substitute “any part of Great Britain”;

(b) for “Commission” substitute “appropriate regulator”.

(3) In paragraph 2—

(a) in the first sentence—

(i) for the words from “competent authority” to “situated” substitute “appropriate authority”;

(ii) for “the Member State concerned” substitute “Great Britain”;

(iii) omit “of that Member State”;

(iv) omit “its”;

(b) omit the final sentence.

(4) Omit paragraph 3.

(5) In paragraph 4—

(a) for “Commission may” substitute “Secretary of State may, by regulations,”;

(b) omit the words from “both” to “situated and”;

Article 15 (imports of controlled substances or of products and equipment containing or relying on controlled substances)

14

(1) Article 15 is amended as follows.

(2) In paragraph 2(g), for “competent authority of the Member State concerned” substitute “appropriate regulator”.

(3) In paragraph 3—

(a) for “the customs territory of the Community”, in each place it occurs, substitute “Great Britain”;

(b) for “as referred to in Regulation (EC) No 450/2008” substitute “under the Taxation (Cross-border Trade) Act 2018 ”;

(d) for “Commission” substitute “Environment Agency”.

Article 16 (release for free circulation in the Community of imported controlled substances)

15

(1) Article 16 is amended as follows.

(2) In the heading, for “the Community” substitute “any part of Great Britain”.

(3) In paragraph 1, in the first subparagraph—

(a) for “the Community” substitute “any part of Great Britain”;

(b) for “Commission” substitute “appropriate regulator”;

(c) for “1 January 2010 to 31 December 2010” substitute “the day after that on which IP completion day falls to 31 December 2021”;

(d) omit the words from “in accordance” to the end of the sentence.

(4) In paragraph 2, for “Commission”, in each place it occurs, substitute “appropriate regulator”.

Article 17 (export of controlled substances or of products and equipment containing or relying on controlled substances)

16

(1) Article 17 is amended as follows.

(2) In paragraph 2(e), for “competent authority of a Member State” substitute “appropriate regulator”.

(3) In paragraph 3—

(a) for the words from “Commission may” to “Article 25(2)” substitute “Secretary of State may,”;

(b) for “Commission” substitute “Secretary of State”.

(4) In paragraph 4—

(a) for “re-exports” substitute “non-domestic goods”;

(b) for “the customs territory of the Community” substitute “Great Britain”;

(c) for “as referred to in Regulation (EC) No 450/2008” substitute “in accordance with the applicable provisions of the Taxation (Cross-border Trade) Act 2018”;

(d) for “re-export” substitute “export”;

(e) for “Commission” substitute “Environment Agency”.

Article 18 (licensing of imports and exports)

17

(1) Article 18 is amended as follows.

(2) In paragraph 1, for “Commission” substitute “ Environment Agency ”.

(3) In paragraph 3(i), for “competent authority of a Member State” substitute “ Environment Agency ”.

(4) In paragraphs 4 to 6, for “Commission”, in each place it occurs, substitute “ Environment Agency ”.

(5) Omit paragraph 7.

(6) In paragraph 8—

(a) for “Commission” substitute “ Environment Agency ”;

(b) omit “and the Member State concerned”.

(7) In paragraph 9—

(a) in the first sentence, for “Commission may” substitute “ Secretary of State may, by regulations, ”;

(b) omit the second sentence.

Article 19 (measures for monitoring of illegal trade)

18

In Article 19—

(a) in the first paragraph—

(i) for “Commission may adopt” substitute “appropriate authority may, by regulations, provide”;

(ii) for “the customs territory of the Community” substitute “Great Britain”;

(b) omit the second paragraph.

Article 20 (trade with a State not party to the Protocol and a territory not covered by the Protocol)

19

(1) Article 20 is amended as follows.

(2) In paragraph 2, in the first sentence—

(a) for “Commission may adopt rules applicable” substitute “appropriate authority may make regulations in relation”;

(b) for “the Community” substitute “any part of Great Britain”;

(3) In paragraph 3—

(a) in the first sentence, for “Commission” substitute “Secretary of State”;

(b) omit the second sentence.

(4) In paragraph 4—

(a) in the second subparagraph, for “Commission” substitute “Secretary of State”;

(b) omit the third subparagraph.

Article 21 (list of products and equipment containing or relying on controlled substances)

20

Omit Article 21.

Article 22 (recovery and destruction of used controlled substances)

21

(1) Article 22 is amended as follows.

(2) In paragraph 2, omit “Community and national”.

(3) In paragraph 3—

(a) in the first subparagraph, for “Commission may” substitute “ appropriate authority may, by regulations, ”;

(b) omit the second subparagraph.

(4) In paragraph 4—

(a) in the second subparagraph—

(i) in the first sentence, for “Commission shall” substitute “ appropriate authority shall, by regulations, ”;

(ii) in the second sentence, for “Any draft measure to establish such an Annex shall” substitute “ Such regulations shall ”;

(iii) in the second sentence, omit the words from “taking into account the individual circumstances of Member States”;

(b) omit the third subparagraph.

(5) In paragraph 5—

(a) in the first paragraph, for “Member States” substitute “ The appropriate authority ”;

(b) in the second subparagraph—

(i) for “Commission shall evaluate the measures taken by the Member States” substitute “ appropriate authority shall evaluate such measures ”;

(ii) for “adopt measures” substitute “ make regulations ”;

Article 23 (leakages and emissions of controlled substances)

22

(1) Article 23 is amended as follows.

(2) In paragraph 3, for “competent authority of a Member State and to the Commission” substitute “ appropriate regulator ”.

(3) In paragraph 4, in the first subparagraph—

(a) in the first sentence, for “Member States” substitute “ The appropriate authority ”;

(b) in the second sentence—

(i) omit “taken by the Member States”;

(ii) for “Commission may adopt measures” substitute “ appropriate authority may make regulations ”;

(iii) omit the second subparagraph.

(4) In paragraph 7—

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