This regulation transfers a series of legislative functions currently exercised by the European Commission to various UK administrations to ensure the respective regimes continue to function after Brexit.
The Environment (Legislative Functions from Directives) (EU Exit) Regulations 2019 come into force on the date the UK leaves the EU (Exit Day).
What is being updated?
The 2019 regulations transfer a series of legislative functions currently exercised by the European Commission to various UK administrations to ensure the respective regimes continue to function after Brexit.
Consultations are required to be undertaken before these powers may be used.
Updates to Reflect Scientific and Technical Progress
Where necessary, the Secretary of State and/or devolved authorities may make legislation amending the following regimes to reflect “scientific and technical progress”:
Further Powers under the Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2012
The Secretary of State will be able to update the format for monitoring data under these regulations.
Further Powers under the Air Quality Directive 2008/50/EC
Devolved authorities may amend legislation concerning Annexes under the Air Quality Directive 2008/50/EC in the future.
However, these powers may not be used to modify air quality limit values; exposure reduction targets; critical levels; target values; information or alert thresholds; or long-term air quality objectives.
Further Powers under the Industrial Emissions Directive 2010/75/EU
Authorities may also amend legislation concerning the determination of start-up and shut-down periods under the Directive. Reporting requirements under the industrial emissions regime may also be updated.
Further Powers under the National Emissions Ceilings Directive (EU) 2016/2284
The national emissions ceilings regime may be amended to adjust emissions inventories, control programmes and derogations.
Further Powers under the Marine Strategy Directive 2008/56/EC
The Secretary of State may make legislation to:
Further Powers under the Bathing Water Directive 2006/7/EC
Authorities may make legislation defining symbols prohibiting or giving advice against bathing, alongside information on bathing water classifications.
Further Powers under the Urban Waste Water Treatment Directive 91/271/EEC
Authorities may make legislation to:
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