Commentary
These
Regulations are proposed to be made by the UK Government pursuant
to section 8(1) of, and paragraph 21 of Schedule 7 to the European
Union (Withdrawal) Act 2018.
The
Regulations amend retained direct EU legislation relating to air
quality, to ensure that it continues to operate effectively
following withdrawal of the United Kingdom for the European Union.
This includes addressing deficiencies, such as references to EU
authorities (e.g. the Commission) being replaced with domestic
equivalents.
Legal
Advisers make the following comments in relation to the Welsh
Government’s statement dated 27 November 2018 regarding the
effect of these Regulations:
-
The reference
within the statement to the law which is amended by the Regulations
is incorrect. The Regulations amend and revoke the following
retained direct EU legislation:-
-
Regulation
(EC) No 166/2006 of the European Parliament and of the Council
concerning the establishment of a European Pollutant Release and
Transfer Register
-
Decision
2004/279/EC concerning guidance for implementation of Directive
2002/3/EC of the European Parliament and of the Council relating to
ozone in ambient air
-
Decision
2011/850/EU laying down rules for Directives 2004/107/EC and
2008/50/EC of the European Parliament and of the Council as regards
the reciprocal exchange of information and reporting on ambient air
quality
-
Decision
2012/115/EU laying down rules concerning the transitional national
plans referred to in Directive 2010/75/EU of the European
Parliament and of the Council on industrial emissions
-
Decision
2012/134/EU establishing the best available techniques (BAT)
conclusions under Directive 2010/75/EU of the European Parliament
and of the Council on industrial emissions for the manufacture of
glass
-
Decision
2012/135/EU establishing the best available techniques (BAT)
conclusions under Directive 2010/75/EU of the European Parliament
and of the Council on industrial emissions for iron and steel
production 2
-
Decision
2012/249/EU concerning the determination of start-up and shut-down
periods for the purposes of Directive 2010/75/EU of the European
Parliament and of the Council on industrial emissions
-
Decision
2013/84/EU establishing the best available techniques (BAT)
conclusions under Directive 2010/75/EU of the European Parliament
and of the Council on industrial emissions for the tanning of hides
and skins
-
Decision
2013/163/EU establishing the best available techniques (BAT)
conclusions under Directive 2010/75/EU of the European Parliament
and of the Council on industrial emissions for the production of
cement, lime and magnesium oxide
-
Decision
2013/732/EU establishing the best available techniques (BAT)
conclusions, under Directive 2010/75/EU of the European Parliament
and of the Council on industrial emissions, for the production of
chlor-alkali
-
Decision
2014/687/EU establishing the best available techniques (BAT)
conclusions, under Directive 2010/75/EU of the European Parliament
and of the Council, for the production of pulp, paper and
board
-
Decision
2014/738/EU establishing best available techniques (BAT)
conclusions, under Directive 2010/75/EU of the European Parliament
and of the Council on industrial emissions, for the refining of
mineral oil and gas
-
Decision
2014/768/EU establishing the type, format and frequency of
information to be made available by the Member States on integrated
emissions management techniques applied in mineral oil and gas
refineries, pursuant to Directive 2010/75/EU of the European
Parliament and of the Council
-
Decision
2015/6674/EU establishing a common format for the submission of
Member State reports on the implementation of Directive 2004/42/EC
of the European Parliament and of the Council on the limitation of
emissions of volatile organic compounds due to the use of organic
solvents in certain paints and varnishes and vehicle refinishing
products
-
Decision
2015/2119/EU establishing best available techniques (BAT)
conclusions, under Directive 2010/75/EU of the European Parliament
and of the Council, for the production of wood-based
panels
-
Decision
2016/902/EU establishing best available techniques (BAT)
conclusions, under Directive 2010/75/EU of the European Parliament
and of the Council, for common waste water and waste gas
treatment/management systems in the chemical sector
-
Decision
2016/1032/EU establishing best available techniques (BAT)
conclusions, under Directive 2010/75/EU of the European Parliament
and of the Council, for the non-ferrous metals
industries
-
Decision
2017/302/EU establishing best available techniques (BAT)
conclusions, under Directive 2010/75/EU of the European Parliament
and of the Council, for the intensive rearing of poultry or
pigs
-
Decision
2017/1442/EU establishing best available techniques (BAT)
conclusions, under Directive 2010/75/EU of the European Parliament
and of the Council, for large combustion plants
-
Decision
2017/2117/EU establishing best available techniques (BAT)
conclusions, under Directive 2010/75/EU of the European Parliament
and of the Council, for the production of large volume organic
chemicals
-
Decision
2018/1135/EU establishing the type, format and frequency of
information to be made available by the Member States for the
purposes of reporting on the implementation of Directive 2010/75/EU
of the European Parliament and of the Council on industrial
emissions
-
Decision
2018/1147/EU establishing best available techniques (BAT)
conclusions for waste treatment, under Directive 2010/75/EU of the
European Parliament and of the Council 3
-
Decision
2018/1522 laying down a common format for national air pollution
control programmes under Directive (EU) 2016/2284 of the European
Parliament and of the Council on the reduction of national
emissions of certain atmospheric pollutants
-
Annex 20 to
EEA agreement
2.
In addition
it is not clear from the statement the impact the Regulations have
on the Assembly’s legislative competence and/or the Welsh
Minister’s executive competence.
The above summary and
the content of the Explanatory Memorandum to these Regulations
confirm their effect and the extent to which these Regulations
would enact new policy in devolved areas.
As it is unclear from
the Welsh Government’s statement dated 27 November 2018 the
impact the Regulations may have on the Assembly’s legislative
competence and/or the Welsh Ministers’ executive competence,
Legal Advisers have been unable to assess whether any significant
issues arise under paragraph 8 of the Memorandum on the European
Union (Withdrawal) Bill and the Establishment of Common Frameworks
in relation to these Regulations.
Legal
Advisers have not identified any legal reason to seek a consent
motion under Standing Order 30A.10 in relation to these
Regulations.
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