Environment
SI Title |
Laid Date |
Policy Area |
Summary |
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Environmental Assessments and Miscellaneous Planning (Amendment) (EU Exit) Regulations 2018 |
24/10/18 |
Environment |
This instrument uses powers in the European Union (Withdrawal) Act 2018 to make necessary changes, which arise as a result of the UK leaving the European Union, in the following pieces of legislation: The main part of this instrument amends the following: The Town and Country Planning (Environmental Impact Assessment) Regulations 2017, S.I. 2017/571 The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017, S.I. 2017/572 The Environmental Assessment of Plans and Programmes Regulations 2004, S.I. 2004/1633 ( SEA Regulations ) The instrument also contains amendments to: The Town and Country Planning Act 1990 The Planning and Compulsory Purchase Act 2004 The Planning Act 2008 The instrument (in regulations 2(3) and 5(3)(a)) also uses section 2(2) of the European Communities Act 1972 to update references. The amendment in regulation 2(3) reflects an amendment to Directive 2008/98/EC of the European Parliament and of the Council on waste. The amendment in regulation 5(3)(a) replaces an out of date reference in regulation 3 of the SEA Regulations to Council Directive 85/337/EEC with Directive 2011/92/EU of the European Parliament and of the Council on the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. These provisions come into force before exit day. |
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24/10/18 |
Environment |
This instrument uses powers in the European Union (Withdrawal) Act 2018 (œthe Act) to make necessary changes, which arise as a result of the UK leaving the European Union, in the following pieces of legislation: The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999, S.R. 1999 No.73 The Planning (Local Development Plan) Regulations (Northern Ireland) 2015, S.R. 2015 No.62 The Planning (Control of Advertisements) Regulations (Northern Ireland) 2015, S.R. 2015 No.66 The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2015, S.R. 2015 No.74 The Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015, S.R. 2015 No.85 The Planning (General Development Procedure) Order (Northern Ireland) 2015, S.R. No.115 The Planning (Hazardous Substances) (No.2) Regulations (Northern Ireland) 2015, S.R. 2015 No.344 The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017, S.R. 2017 No.83 |
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Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2018 |
08/11/18 |
Environment |
The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2018 make the necessary corrections to ensure the Regulation (EC) No 850/2004 of the European Parliament and of the Council on persistent organic pollutants functions once we leave the EU. This will maintain the operability of regulations which implement the Stockholm Convention through the elimination and restriction of the use of chemicals that have been internationally recognised as toxic, persistent, bio-accumulative and highly mobile. It also amends regulation No. 3106 Persistent Organic Pollutants 2007, to enable it to continue to operate following the UK's Exit from the European Union. There are corrections to some provisions of the EU legislation relating to legislative functions which will be made in a subsequent statutory instrument. |
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14/11/18 |
Environment |
This instrument uses the power in section 8 of the European Union (Withdrawal) Act 2018 to make necessary changes, which arise as a result of the UK leaving the EU, to domestic legislation which governs the process for Environmental Impact Assessment (EIA). It will specifically make amendments to the five EIA regulations covering the following Defra policy areas: land drainage improvement works, forestry, water resources, agriculture and marine works. The principal regulations being amended by this instrument include: . The Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999; . The Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999; . The Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003; . The Environmental Impact Assessment (Agriculture) (England) (No. 2) Regulations 2006; and . The Marine Works (Environmental Impact Assessment) Regulations 2007. |
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15/11/18 |
Environment |
The purpose of the Nagoya Protocol (Compliance) (Amendment) (EU Exit) Regulations 2018 is to ensure that regulations in the UK which implement the Nagoya Protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilisation, will continue to be operable after the UK leaves the EU. |
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Drainage (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations 2018 |
15/11/18 |
Environment |
The Drainage (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations 2018 ensure that the legislation relating to drainage projects and associated environmental impact assessment, will continue to be operable in the United Kingdom after the UK leaves the EU. The instrument addresses deficiencies in the retained EU law arising from the UK's withdrawal for the EU. The purpose of the instrument is to preserve and protect the existing policy regime; it will not introduce any new policy. The instrument will amend: ? The Drainage (Northern Ireland) Order 1973 (N.I. 116) (the 1973 Order); and ? The Drainage (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 (S.R. 2017 No.88) (the Drainage EIA Regulations). The instrument makes technical amendments to the above legislation. Part 2 amends a Northern Ireland Order in Council and Part 3 amends a Northern Ireland Statutory Rule. |
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Water and Floods (Amendment) (Northern Ireland) (EU Exit) Regulations 2018 |
15/11/18 |
Environment |
The Water and Floods (Amendments) (Northern Ireland) (EU Exit) Regulations 2018 ensure that flood and water-related legislation will continue to be operable in the United Kingdom (UK) after it leaves the European Union (EU). The instrument addresses deficiencies in the retained EU law arising from the UK's withdrawal from the EU. The purpose of the instrument is to preserve and protect the existing policy regime, it will not introduce any new policy. |
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Environmental Impact Assessment (Amendment) (Northern Ireland) (EU Exit) Regulations 2018 |
20/11/18 |
Environment |
This instrument will make necessary changes, which arise as a result of the UK leaving the European Union, to domestic legislation which governs the process for Strategic Environmental Assessment (SEA) and Environmental Impact Assessment (EIA) in Northern Ireland. It will specifically make amendments to regulations in respect of SEA and three sets of EIA regulations covering the following Department of Environment, Agriculture and Rural Affairs (DAERA) policy areas; forestry, agriculture and water resources. The principal regulations being amended are: The Environmental Assessment of Plans and Programmes Regulations (Northern Ireland) 2004; The Environmental Impact Assessment (Forestry) Regulations (Northern Ireland) 2006; The Environmental Impact Assessment (Agriculture) Regulations (Northern Ireland 2007; and The Water Resources (Environmental Impact Assessment) Regulations (Northern Ireland) 2017. |
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22/11/18 |
Environment |
This instrument amends retained direct EU legislation relating to air quality, to ensure that it continues to operate effectively following withdrawal of the United Kingdom from the European Union (EU). This includes addressing deficiencies, such as references to EU authorities (e.g. the Commission) being replaced with domestic equivalents (e.g. Secretary of State). The amendments made by this instrument do not change the substantive requirements of the legislation. |
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Water (Amendment) (Northern Ireland) (EU Exit) Regulations 2018 |
04/12/18 |
Environment |
The Water (Amendment) (Northern Ireland) (EU Exit) Regulations 2018 ensure that water legislation will continue to be operable in the United Kingdom after the UK leaves the EU. The instrument addresses deficiencies in the retained EU law arising from the UK's withdrawal from the EU. The purpose of the instrument is to preserve and protect the existing policy regime - it will not introduce any new policy. |
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05/12/18 |
Environment |
This instrument ensures that cross-cutting, environmental laws in the United Kingdom ( UK ) function legally after our exit from the European Union ( EU ). It does this in three ways: (1) by amending cross-cutting, environmental Acts; (2) by amending cross-cutting, environmental statutory instruments; and (3) by preventing some EU environmental Regulations and Decisions, which are out-of-date or will have no further function once we have left the EU, being brought into UK law by the automatic operation of the EU (Withdrawal) Act 2018 ( EUWA 2018 ); together with domestic designation orders as regards England and Wales which are redundant in the light of the amendments to Acts elsewhere in the instrument. |
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Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 |
05/12/18 |
Environment |
The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 ensure that floods and water legislation will continue to be operable in the United Kingdom after the UK leaves the EU. The instrument addresses deficiencies in retained EU law arising from the UK's withdrawal from the EU. The purpose of the instrument is to preserve and protect the existing policy regime rather than to introduce new policy. |
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Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) Regulations 2018 |
11/12/18 |
Environment |
In the event of a disorderly ( ˜No Deal') exit from the European Union, the UK would not have an agreement in place to continue participating in the EU Emissions Trading Scheme (EU ETS). The UK would therefore leave the EU ETS on exit day, making the existing legislation inoperable. The instrument revokes certain provisions that will cease to apply on exit day and amends others so that they will continue to be operable after exit day. This will ensure legal certainty for existing UK participants to the EU ETS in the event of a 'No Deal' exit from the EU. No substantive policy changes have been made in this instrument (this is in line with the powers of section 8 of the EU (Withdrawal) Act 2018). The instrument maintains, and makes technical fixes to, the elements which will continue to be operable, namely the Monitoring, Reporting and Verification (MRV) of greenhouse gas emissions. As well as ensuring transparency over greenhouse gas emissions, MRV will also provide information to allow the implementation of HM Treasury's ˜Carbon Emissions Tax' (announced in the 2018 Autumn Budget). The Tax will temporarily replace the lost EU ETS carbon price in a 'No Deal' scenario, maintaining a carbon pricing policy for industry in an interim period (i.e. from exit day until a long-term alternative is established). However, the substance of this interim carbon pricing policy will be included in a power under the Finance Bill 2018-19, which will be debated by Parliament separately, and does not form part of this instrument. The interim policy is without prejudice to any final decision on the UK's future approach to carbon pricing; the UK is considering a range of options, including continuing to participate in the EU ETS, a UK ETS (linked or standalone) or a carbon tax. |
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Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019 |
13/12/18 |
Environment |
The Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019 makes minor and technical amendments to primary and subordinate legislation under section 8 of the European Union (Withdrawal) Act 2018. It mirrors provisions in Defra's The Environment (Amendment etc.) (EU Exit) Regulations 2019. The purpose of the amendments is to ensure that the relevant legislation remains operable after the United Kingdom (œUK) withdraws from the European Union (œEU). |
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Storage of Carbon Dioxide (Amendment and Power to Modify) (EU Exit) Regulations 2018 |
17/12/18 |
Environment |
The instrument amends secondary legislation which forms part of the United Kingdom's implementation of Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide ( the CCS Directive ). It addresses failures of retained EU law to operate effectively and other deficiencies arising due to the United Kingdom's withdrawal from the European Union. The instrument also makes two minor amendments unrelated to the United Kingdom's withdrawal from the European Union correcting outdated and incorrect cross-references. |
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17/12/18 |
Environment |
The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 makes amendments to three waste-related Acts of Parliament and 14 related EU Regulations and Decisions. This will enable their continued operability as retained EU law under the European Union (Withdrawal) Act 2018, following the UK's withdrawal from the European Union. It also revokes some EU directly applicable legislation relating to waste which it is not necessary to retain in a domestic context because the requirements are already otherwise embedded in UK legislation or will be covered by other EU Exit legislation. |
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Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 |
18/12/18 |
Environment |
The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 amends 12 domestic waste regulations, which implement different European directives related to waste management to ensure that the waste regime can continue to operate effectively after the UK leaves the EU. The European directives which these 12 domestic waste Regulations implemented are: Directive 2000/53/EC on end-of-life vehicles Directive 91/689/EEC on hazardous waste Directive 94/62/EC on packaging and packaging waste as amended by Council Regulation (EC) No 1882/2003, Directive 2004/12/EC and Directive 2005/20/EC Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC Directive 2006/21/EC on the management of waste from extractive industries Directive 2008/98/EC on waste Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment (recast) Directive 2012/19/EU on waste electrical and electronic equipment |
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Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 |
08/01/19 |
Environment |
This instrument transfers a series of legislative functions that are currently conferred by European Union ( EU ) legislation upon the European Commission ( the Commission ), to be exercisable instead by public authorities in the United Kingdom ( UK ), so that they can be exercised at national level after the UK leaves the EU. The EU Regulations concerned cover persistent organic pollutants ( POPs ); timber; the European Pollutant Release and Transfer Register; transfrontier shipments of waste; the Nagoya Protocol on access to genetic resources and the fair and equitable sharing of benefits; mercury; leghold traps; and the Convention on the International Trade in Endangered Species ( CITES ). This instrument also concerns one legislative function contained in a Directive relating to industrial emissions. In each case, the legislative function is conferred upon the Commission so that it can develop the technical details of the specific regime, without the frequent need to refer back to the EU Council and EU Parliament. Examples of these functions include specifying forms to be used, amending technical annexes to reflect advances in scientific and technical knowledge, and updating annexes to reflect international agreements. This instrument does not make changes to substantive policy content. It provides for the legislative function in each case to be exercisable by the appropriate UK authority. This is to ensure that the regimes continue to function smoothly, without the need for primary legislation every time a change in technical matters is required. The regimes will continue to function in a similar way to how they did previously. This instrument changes the identity of the bodies carrying out the specified functions and converts the EU procedures to UK procedures as appropriate. |
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Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 |
10/01/19 |
Environment |
This instrument makes necessary changes to a number of pieces of Northern Ireland environmental protection legislation, which arise as a result of the UK leaving the European Union. The changes are to legislation covering waste management and air and environmental quality control, for which the Department of Agriculture, Environment and Rural Affairs has responsibility. The amendments, made under section 8 of the European Union (Withdrawal) Act 2018, are mostly minor and technical operability changes that amend secondary domestic legislation which transposes EU Directives into Northern Ireland law. This instrument also modifies the interpretation of EU Directives to remove post-EU exit inoperabilities. |
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Waste (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019 |
16/01/19 |
Environment |
This instrument makes minor operational and technical amendments to subordinate legislation under section 8 of the European Union (Withdrawal) Act 2018. It mirrors provisions in Defra's Waste (Miscellaneous Amendments) (EU Exit) (No.2) Regulations 2019. It amends domestic waste Regulations that implement certain European Directives related to waste management to ensure that the waste regime continues to be operable after the withdrawal of the UK from the EU. The European Directives which these domestic waste Regulations implemented are: Directive 91/689/EEC on hazardous waste; Directive 94/62/EC on packaging and packaging waste as amended by Council Regulation (EC) No 1882/2003, Directive 2004/12/EC and Directive 2005/20/EC; and Directive 2008/98/EC on waste. |
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Environmental Impact Assessment (Amendment) (Northern Ireland) (EU Exit) (No.2) Regulations 2019 |
23/01/19 |
Environment |
This instrument will make necessary changes, which arise as a result of the UK leaving the European Union, to domestic legislation which governs the process for Strategic Environmental Assessment (SEA) and Environmental Impact Assessment (EIA) in Northern Ireland. It will specifically make amendments to regulations in respect of SEA and three sets of EIA regulations covering the following Department of Environment, Agriculture and Rural Affairs (DAERA) policy areas; forestry, agriculture and water resources. The principal regulations being amended are:
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The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 |
28/01/19 |
Environment |
This instrument makes changes to the three existing instruments which transpose the Habitats and Wild Birds Directives so that they continue to work (are operable) upon the UK's exit from the European Union (EU). The existing instruments are: The Conservation of Habitats and Species Regulations 2017; The Conservation of Offshore Marine Habitats and Species Regulations 2017; and The Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001. This instrument also amends section 27 of the Wildlife and Countryside Act 1981 to ensure existing protections continue. |
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28/01/19 |
Environment |
The purpose of the instrument is to ensure that the relevant legal provisions on fluorinated greenhouse gases and ozone-depleting substances remain operable in law in Northern Ireland, after the UK withdraws from the European Union. The laws for Northern Ireland on fluorinated greenhouse gases and ozone-depleting substances currently allow for provisions to limit industrial emissions of gases which could otherwise exacerbate the greenhouse effect and damage the ozone layer. The Department of Agriculture, Environment and Rural Affairs (DAERA) is the Northern Ireland Department responsible for these environmental functions. The sectors of industry concerned include refrigeration, air conditioning and fire protection equipment.It is being changed to make drafting fixes to no longer refer to Northern Ireland or the United Kingdom as being a Member State of the EU.The provisions, ensuring that emissions of fluorinated greenhouse gases and ozone depleting substances are controlled in Northern Ireland, will remain extant. However the provisions will no longer refer to Northern Ireland or the United Kingdom as a Member State of the EU. |
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The Conservation (Natural Habitats, etc.) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 |
28/01/19 |
Environment |
This instrument makes changes to the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (the 1995 Regulations) which transpose Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (the Habitats Directive) and certain elements of Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (the Wild Birds Directive) so that they continue to work (are operable) upon the UK's exit from the European Union (EU). This instrument also amends the Wildlife (Northern Ireland) Order 1985 to ensure existing protections continue and makes minor technical amendments to two Articles of the Water (Northern Ireland) Order 1999. |
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Roads (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 |
05/02/19 |
Environment |
These Regulations are made to correct a number of deficiencies in the Roads (Northern Ireland) Order 1993, Part V (environmental impact assessment), which would otherwise result from the withdrawal of the United Kingdom from the European Union. This will maintain in Northern Ireland the existing environmental impact assessment regime in relation to road schemes of the Department for Infrastructure Northern Ireland, adjusting the language which would otherwise indicate the United Kingdom was a member State of the European Union. They also correct an out of date reference to European Legislation (by substituting a reference to Directive 2011/92/EU, on the assessment of the effects of certain public and private projects on the environment, for a reference to the repealed Directive 85/337/EEC which it replaced). |
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11/02/19 |
Environment |
This instrument uses powers under the European Union (Withdrawal) Act 2018 ( the Withdrawal Act ) to make the necessary changes to the Aeroplane Noise Regulations 1999 ( the Noise Regulations ), the Air Navigation (Environmental Standards for Non-EASA Aircraft) Order 2008 ( the Environmental Standards Order ), the Airports (Noise-related Operating Restrictions) (England and Wales) Regulations 2018 ( the Operating Restrictions Regulations ) and Regulation (EU) No 598/2014 ( Regulation 598 ), to correct deficiencies arising as a result of the UK leaving the European Union ( the EU ). These changes ensure that the legal framework relating to aviation noise continues to function correctly after the UK leaves the EU. |
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Environment (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2019 |
12/02/19 |
Environment |
This instrument makes a number of miscellaneous amendments and revocations to ensure certain environmental laws function legally after our exit from the European Union ( EU ). This is also acting as a ˜wash up' SI to make any additional amendments that are either consequential or correcting of other EU Exit regulations, to make them operable. Regulations 2 to 7 make minor amendments to provisions of other Regulations made under section 8(1) of the European Union (Withdrawal) 2018 Act, relating to wildlife, environmental permitting, chemicals, water resources and pesticides. Regulation 8 amends retained direct EU legislation relating to wildlife, and regulations 9 to 11 amend retained direct EU legislation relating to pesticides. Regulation 12(1) and the Schedule revoke various retained direct EU legislation relating to pesticides, eco-management and audit and ecolabelling, and regulation 12(2) contains a saving provision in relation to some of the revoked legislation relating to pesticides. |
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Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Regulations 2019 |
22/03/19 |
Environment |
These Regulations amend the Greenhouse Gas Emissions Trading Scheme Regulations 2012 ( the 2012 Regulations ), which transpose the provisions of Directive 2003/87/EC establishing a system for greenhouse gas emission allowance trading within the Union ( the EU ETS Directive ). These Regulations will amend the EU Emissions Trading System (EU ETS) compliance cycle deadline for UK participants for the 2018 scheme year. The surrender deadline is changed to 10.59 pm on 29th March 2019. It is further moved to (i) immediately before the UK's exit from the EU if exit day within the meaning of the European Union (Withdrawal) Act 2018 is changed so that it falls on a day before 1st May 2019; or (ii) to 30th April 2019 if exit day within the meaning of the European Union (Withdrawal) Act 2018 is changed so that it falls on or after 1st May 2019. These deadlines also apply if, before the new surrender deadline, exit day is subsequently changed again. |
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Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) (No.2) Regulations 2019 |
05/04/19 |
environment |
In the event that the UK withdraws from the EU without a deal ( ˜No Deal'), the UK would not have an agreement in place to continue participating in the EU Emissions Trading System (EU ETS), which would create inoperabilities in existing legislation. The Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/107) revoked certain provisions that will cease to apply on exit day and amended others to address those inoperabilities. This instrument maintains, and makes technical fixes to, the elements of the EU ETS which will continue operate after exit, namely the Monitoring, Reporting and Verification ( 'MRV') of greenhouse gas emissions. As well as ensuring transparency over greenhouse gas emissions, MRV will also provide information to allow the implementation of a ˜Carbon Emissions Tax' by HM Treasury (announced in the 2018 Budget and legislated for separately in the Finance Act 2019). In the absence of the EU ETS, the Carbon Emissions Tax will maintain a carbon price for industry in the event that the UK withdraws from the EU without a deal until a long-term alternative is established. The Carbon Emissions Tax is therefore without prejudice to any future decision on the UK's future approach to carbon pricing in the longer term; the UK is considering the options, including continuing to participate in the EU ETS, a UK ETS (linked or standalone) or a carbon tax. |
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Environment and Rural Affairs (Amendment) (EU Exit) Regulations 2019 |
23/05/19 |
Environment |
This instrument corrects a number of minor errors in other instruments, and makes some additional amendments to correct deficiencies in domestic legislation arising as a result of the UK s exit from the European Union. It amends: the Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25) ( the EIA (EU Exit) Regulations ), which relates to Environmental Impact Assessment (EIA), in the fields of agriculture and marine works; the Environmental Permitting (England and Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/39) ( the EPR (EU Exit) Regulations ); the Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188) ( Waste (EU Exit) (No. 2) Regulations ); the Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620) ( the Waste (EU Exit) Regulations). |
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Environment (Legislative Functions from Directives) (EU Exit) Regulations 2019 |
07/06/19 |
Environment |
This instrument transfers a series of legislative functions that are currently conferred by European Union ( EU ) Directives upon the European Commission ( the Commission ), to be exercisable instead by public authorities in the United Kingdom ( the UK ), so that they can be exercised at national level after the UK leaves the EU. |
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The Waste and Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 |
15/07/19 |
Environment |
This instrument updates operability amendments made by three other Northern Ireland European Union (EU) Exit instruments and amends one piece of Northern Ireland primary legislation to correct deficiencies, arising as a result of the UKs exit from the EU, in current legislation in Northern Ireland that transposes Article 16 of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste (œthe Waste Framework Directive). It amends: The Waste and Contaminated Land (Northern Ireland) Order 1997. The Waste (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019. The Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019. The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019. |
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Environment and Wildlife (Legislative Functions) (EU Exit) (Amendment) Regulations 2019 |
24/07/19 |
Environment |
This statutory instrument amends the Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 ( ˜SI 2019/473 ). This is to ensure that the Secretary of State can set out the detail of key derogations in Commission Regulation (EC) No 865/2006 by regulations, rather than ˜in writing , which may restrict the powers of the Secretary of State to simply making administrative measures. It also provides for regulations made by the Secretary of State in respect of those derogations to be subject to parliamentary scrutiny under the negative resolution procedure. |
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Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2019 |
14/10/19 |
Environment |
This instrument makes the necessary corrections to ensure that Regulation (EU) 2019/1021 of the European Parliament and of the Council on Persistent Organic Pollutants ( POPs ) functions once we leave the EU. This includes transferring legislative and administrative functions that are currently conferred by EU legislation upon the European Commission ( the Commission ) and the European Chemicals Agency ( ECHA ), to be exercisable instead by public authorities in the UK, so that they can be exercised at national level after the UK leaves the EU. This instrument also revokes the following regulations: Part 4 of the Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1405) which made corrections to the, now repealed; Regulation (EC) No 850/2004 on POPs; and Regulation 2 of the Environment and Wildlife (Legislative Functions) (EU Exit) Regulation 2019 (S.I. 2019/473) which transferred legislative functions contained in Regulation (EC) No 850/2004 on POPs. This instrument also makes consequential amendments to the Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019. |
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09/07/20 |
Environment |
The purpose of this statutory instrument is to make amendments in consequence of the European Union (Withdrawal Agreement) Act 2020 (c. 1). This instrument, made under the power in section 41(1) of the European Union (Withdrawal Agreement) Act 2020 ( the WAA ), replaces references to exit day with references to IP completion day in the Climate Change Agreements (Amendment of Agreements) (EU Exit) Regulations 2018 (S.I. 2018/1205), the CRC Energy Efficiency Scheme (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1336) and the Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1342). This instrument also makes supplemental provision relating to these amendments, using the power in paragraph 12 of Schedule 4 to the WAA. The instrument amends the Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations 2018 to retain the provision in the Energy Savings Opportunity Scheme Regulations 2014 for converting the financial threshold to euros with respect to a qualification date that falls before Implementation Period (IP) completion day. |
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13/07/20 |
Environment |
The purpose of this Order is to establish a UK-wide greenhouse gas emissions trading scheme (ETS), to encourage cost-effective emissions reductions which will contribute to the UK s emissions reduction targets and net zero goal. Policy positions for a UK ETS which is operational from 1st January 2021 have been agreed by the four Governments of the UK nations, and are set out in the Government Response to the Future of Carbon Pricing consultation, which was published on 1 June 2020. This is a policy replacement for the UK s participation in the EU Emissions Trading System, which will cease at the end of the Transition Period on 31 December 2020 (subject to the UK s obligations in the Withdrawal Agreement pursuant to Article 96(2) in respect of 2020 compliance and the Protocol on Ireland/Northern Ireland). This would also allow for the possibility and consideration of a link between a UK ETS and the EU ETS, if it suited both sides interests, in line with the UK Government s document on a future relationship with the EU. |
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27/08/20 |
Environment |
This instrument transposes (transfers requirements into UK law) six amending EU Directives in the field of waste. It amends the legislation that transposed Directive 2008/98/EC on waste ( the Waste Framework Directive ), Directive 1999/31/EC on the landfill of waste ( the Landfill Directive ), Directive 94/62/EC on packaging and packaging waste ( the Packaging Directive ), three other waste related Directives in England and Wales, and some legislation that partially transposed the same Directives in Scotland and Northern Ireland. It is making all the legislative changes required to transpose the 2020 Circular Economy Package (CEP) measures on behalf of England and Wales, apart from some amendments relating to hazardous waste which Defra is making for England only. The Welsh Government will be making a Wales-only SI to include amendments relating to hazardous waste, as well as updating references in several Wales-only SIs. Through amendments made to legislation that apply in Scotland and Northern Ireland, this instrument is partially transposing the 2020 CEP measures on behalf of Scotland and Northern Ireland. Further amendments to complete the transposition of the CEP will be made by Scotland and Northern Ireland. |
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Environment (Miscellaneous Amendments) (EU Exit) Regulations 2020 |
24/09/20 |
Environment |
This instrument makes amendments to environmental laws to address minor errors and to ensure they continue to operate effectively after the end of the implementation period. It also makes necessary amendments to directly applicable retained EU law. Regulations 2, 3 and 4 make changes to secondary legislation that implemented EU environmental laws relating to air quality and endangered species. Regulations 5 and 6 make minor changes to Regulations made under section 8(1) of the European Union (Withdrawal) Act 2018, relating to air quality and chemicals. |
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Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 |
08/10/20 |
Environment |
This instrument makes the necessary corrections to ensure that Regulation (EU) 2019/1021 of the European Parliament and of the Council on Persistent Organic Pollutants ( POPs ) functions in Great Britain after the end of the Implementation Period. This instrument also makes amendments for purposes relating to the implementation of the Protocol on Ireland / Northern Ireland ( the Protocol ). |
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Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 |
12/10/20 |
Environment |
The purpose of this instrument is to implement the Protocol on Ireland / Northern Ireland to the Withdrawal Agreement ( the Protocol ) in the context of the Convention on International Trade in Endangered Species of Wild Fauna and Flora ( CITES ), as required at the end of the Transition Period. This will be done by making changes to the UK's existing CITES regime, comprised primarily of retained EU law ( REUL ), insofar as it will operate in Great Britain, to ensure that the relevant EU regulations can continue to be properly implemented in Northern Ireland. We are laying this instrument now in order to facilitate separate CITES regimes in Northern Ireland and Great Britain. This will be achieved by making amendments to retained EU law and relevant domestic regulations to take into account the coming into force of the Protocol. This instrument also makes outstanding operability changes to REUL and will consolidate previous EU Exit SIs made in the context of CITES in order to make REUL clearer and more accessible to end users. |
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20/10/20 |
Environment |
This instrument amends a number of existing EU Exit SIs to ensure that the legislation amended by those instruments will continue to operate effectively at the end of the Transition Period and makes EU Exit related amendments to, or revokes, some recent EU legislation which will become retained direct EU law. It also makes amendments to primary and subordinate domestic legislation for similar purposes. It also includes some technical amendments to EU Exit SIs that are needed in consequence of the Protocol on Ireland / Northern Ireland to the Withdrawal Agreement (the Protocol"). This instrument also transfers some functions from the European Commission to the Secretary of State and the Devolved Administrations. |
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Air Quality (Amendment) (Northern Ireland Protocol) (EU Exit) (Revocation) Regulations 2020 |
21/10/20 |
Environment |
This instrument revokes the Air Quality (Amendment) (Northern Ireland Protocol) (EU Exit) Regulations 2020 (S.I. 2020/1132) which was made in error before receipt of formal consent from Northern Ireland was obtained. |
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Air Quality (Amendment) (Northern Ireland Protocol) (EU Exit) (No. 2) Regulations 2020 |
26/11/20 |
Environment |
The purpose of this instrument is to implement the Protocol to the Withdrawal Agreement on Ireland/Northern Ireland (the Protocol). The Protocol sets out that certain provisions of Union law listed in the Protocol shall apply under certain conditions in the United Kingdom in respect of Northern Ireland. At Annex 2 of the Protocol, which concerns customs and the movement of goods, the Protocol lists Directive 2004/42/EC on the limitation of emissions of volatile organic compounds from certain paints and varnishes and vehicle refinishing products (the VOCs in Paints Directive ). At Annex 4, which concerns the supply of electricity, trading in wholesale electricity or cross-border exchanges in electricity, the Protocol lists Directive 2010/75/EU (the Industrial Emissions Directive). This instrument will ensure that the UK meets its obligations under the Protocol in respect of the products covered by the VOCs in Paints Directive and activities that come within the Industrial Emissions Directive (in so far as they meet the limitations set out in the Protocol). It does this by amending the Air Quality (Miscellaneous Amendment and Revocation of Retained Direct EU Legislation) (EU Exit) Regulations 2018 (2018/1407) and the Air Quality (Amendment of Domestic Regulations) (EU Exit) Regulations 2019 (2019/74) so that the legislation amended by those instruments continues to apply in the UK in respect of Northern Ireland in a manner which reflects the requirements of the Protocol. |
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Greenhouse Gas Emissions Trading Scheme (Withdrawal Agreement) (EU Exit) Regulations 2020 |
28/11/20 |
Environment |
As part of leaving the European Union, the UK is ceasing participation in the EU Emissions Trading System (EU ETS) at the end of the implementation period. This Statutory Instrument implements Article 9 and Annex 4 of the Revised Protocol to the Withdrawal Agreement on Ireland/Northern Ireland (˜the NI Protocol). It provides a continuing basis for emissions from electricity generation in Northern Ireland (for the single wholesale electricity market in Ireland and Northern Ireland) to remain subject to the EU ETS. It also supports a smooth exit from the EU ETS by ensuring an appropriate legislative basis for UK operators to conclude their participation in the scheme at the end of the 2020 scheme year, while still meeting their compliance obligations for that year, which fall due in 2021, as required by Article 96(2) of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union (˜the Withdrawal Agreement). |
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Air Quality (Legislative Functions) (Amendment) Regulations 2021 |
22/03/21 |
Environment |
This instrument makes amendments to retained direct EU legislation relating to air quality, under section 8(1) of the European Union (Withdrawal) Act 2018, to ensure that it continue to operate effectively. |
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Fluorinated Greenhouse Gases (Amendment) (EU Exit) Regulations 2021 |
24/03/21 |
Environment / Protocol |
This instrument corrects deficiencies in two European Union Implementing Regulations relating to restrictions on the use of fluorinated greenhouse gases ( 'Fgases '). These corrections are necessary to ensure that the legislation continues to operate effectively following the United Kingdom's exit from the EU and now that the Transition Period has ended. |
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Greenhouse Gas Emissions (Kyoto Protocol Registry) Regulations 2021 |
25/02/21 |
Environment |
The purpose of this instrument is to amend retained EU law related to the UK's Kyoto Protocol ( 'KP ') registry, and to KP projects, to ensure that it will be operable in the UK. The KP is a protocol to the United Nations Framework Convention on Climate Change ( 'the UNFCCC '), which is an international climate change treaty. The KP set out emission reduction obligations that applied for the period up to 31st December 2020 for certain countries, including the EU Member States and the UK. |
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Greenhouse Gas Emissions Trading Scheme Auctioning Regulations 2021 |
11/02/21 |
Environment |
This instrument makes provision for the auctioning of emissions allowances to emit 1 tonne of carbon dioxide equivalent under the UK Emissions Trading Scheme (the 'UK ETS ') and introduces mechanisms to support market stability in this new scheme. The UK ETS was established by the Greenhouse Gas Emissions Trading Scheme Order 2020 (the GGETS Order) as a UK-wide greenhouse gas emissions trading scheme to encourage costeffective emissions reductions which will contribute to the UK's emissions reduction targets and net zero goal. |
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Greenhouse Gas Emissions Trading Scheme Auctioning (Amendment) Regulations 2021 |
11/05/21 |
Environment |
This instrument amends the Greenhouse Gas Emissions Trading Scheme Auctioning Regulations 2021 ( 'the Auctioning Regulations '). The Auctioning Regulations make provision for the auctioning of emissions allowances to emit 1 tonne of carbon dioxide equivalent under the UK Emissions Trading Scheme (the 'UK ETS ') and introduce mechanisms to support market stability in this new scheme. The UK ETS was established by the Greenhouse Gas Emissions Trading Scheme Order 2020 (the 'UK ETS Order '). This amending instrument clarifies the policy intent in the Auctioning Regulations as regards the establishment of those who are permitted to represent bidders in UK ETS auctions. The amendment needs to be in force in advance of the first UK ETS auction on the 19th May 2021. |
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28/04/21 |
Environment |
This instrument amends the Recognised Auction Platforms Regulations 2011 ( 'the RAP Regulations ') and Greenhouse Gas Emissions Trading Scheme Auctioning Regulations 2021 ( 'the Auctioning Regulations '). The RAP Regulations ensures the appropriate regulatory treatment is in place for the auctioning and trading of UK emissions allowances. The Auctioning Regulations make detailed provision for the auctioning of emissions allowances to emit 1 tonne of carbon dioxide equivalent under the UK Emissions Trading Scheme (the 'UK ETS ') and introduces mechanisms to support market stability in this new scheme. The UK ETS was established by the Greenhouse Gas Emissions Trading Scheme Order 2020 (the 'UK ETS Order '). The amending instrument clarifies the position in the Recognised Auction Platform Regulations 2011 and clarifies the position and corrects errors in the Auctioning Regulations. These amendments need to be in force in advance of the first UK ETS auction on the 19 May 2021. |
Updated 23 June 2021
