The Water Environment (Shellfish Water Protected Areas: Environmental Objectives etc.) (Scotland) Regulations 2013 make further provision in relation to shellfish water protected areas within the Scotland River Basin District in order to support shellfish life and growth, and to contribute to the high quality of shellfish products suitable for human consumption.The Shellfish Waters Directive (2006/113/EC) was introduced to protect designated areas of water from pollution in order to support shellfish life and growth. This Directive has since been repealed and these Regulations are brought into force to offer continued support for the sustainable growth of the shellfish sector in Scotland.
The Flood Risk Management (Scotland) Act 2009 implements the EC Floods Directive 2007/60/EC. The purpose of the Directive is to establish a framework for the assessment and management of flood risks, aiming at reduction in adverse consequences for human health, the environment, cultural and economic activity.
The Environmental Noise (Scotland) Regulations 2006 implement the requirements of Directive 2002/49/EC relating to the assessment and management of environmental noise (“Environmental Noise Directive”), in Scotland which was brought in with the aim of having a common approach across the EU to avoid, prevent or reduce the harmful effect of noise, such as nuisance.These Regulations apply to environmental noise to which humans are exposed, particularly in built up areas, in public parks or other quiet areas, in an agglomeration (i.e. a urban area with a high population), near schools, hospitals and other noise sensitive buildings and areas.They do not apply to noise that is caused by an individual such as from domestic activities, noise created by neighbours, noise at work places or noise inside means of transport or due to military activities in military areas.The Scottish Ministers are required to compile a consolidated noise map comprising of all the strategic noise maps required by these Regulations.
The Air Quality Standards (Scotland) Regulations 2010 Regulations set limits, targets and objected for ambient air quality. Scottish Ministers are required to divide Scotland into zones and agglomerations. They also set new air quality standards along with target dates for micro fine particles.
Amendment
Deficiencies in Scottish legislation that resulted from the EU Exit, relating to water environment, flood risk management, noise pollution control, air quality and animal health are addressed. The changes are as follows.
The Water Environment and Water Services (Scotland) Act 2003 is updated to remove EU obligations of the UK.
The Protection of Water Against Agricultural Nitrate Pollution (Scotland) Regulations 1996 is updated to clarify duties of the Scottish Environmental Protection Agency (SEPA) to monitor nitrate concentrations in freshwater.
Technical changes are made to Water Environment (Register of Protected Areas) (Scotland) Regulations 2004 and Water Environment (Shellfish Water Protected Areas: Environmental Objectives etc.) (Scotland) Regulations 2013 to reference EU retained law.
The Flood Risk Management (Scotland) Act 2009 is updated by minor technical changes to reference Scottish Ministers and EU retained law.
The Environmental Noise (Scotland) Regulations 2006 is updated to give a definition of an external competent authority.
The Air Quality Standards (Scotland) Regulations 2010 is updated to reference Scottish Ministers and to reference UK legislation.
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Jurisdiction:UK
Commencement: 20th April 2021
Amends:
GB Retained: Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 as regards protective measures against pests of plants
The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015 (SI 2015/350)
GB Retained: Regulation (EU) 2016/2031 on protective measures against pests of plants
Amendment GB Retained: Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/203
A range of minor deficiencies in this retained EU legislation are corrected. These are deficiencies that were not accounted for in the previous amendments but that prevent the uniform conditions needed to adequately implement Regulation (EU) 2016/2031 on protective measures against pests of plants. The deficiencies corrected include:
a range minor wording errors;
changes to the list of protected zones;
changes to the list of Union quarantine pests;
changes to the list of Union regulated non-quarantine pests and specific plants for planting;
changes to the list of plants, plant products and other objects whose introduction is prohibited or require special requirements;
changes to the list of plants, plant products and other objects in protected zones and their special requirements;
changes to the list of plants, plant products and other objects subject to phytosanitary certificates; and
changes to the list of plants, plant products and other objects for which a plant passport is required for movement within the Union territory.
Minor wording changes are also made to Regulation (EU) 2020/1217 on a derogation from Implementing Regulation (EU) 2019/2072 concerning dwarfed plants(which also amends this Regulation) to ensure required uniform conditions are met. The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015 (SI 2015/350)
Requirements are established (in the Annex) for the minimum frequency of physical checks and identity checks of consignments of certain plants, plant products and other objects that enter Great Britain from EU Member States, Liechtenstein or Switzerland. GB Retained: Regulation (EU) 2016/2031 on protective measures against pests of plants
A minor technical change is made to correct a wording error. There are no changes to duties.
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Jurisdiction:UK
Commencement: 31st March 2021
Amends:
Plant Health (Amendment etc.) (EU Exit) Regulations 2020
Regulation (EU) 2017/625 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products
The GB Retained Regulation (EU) 2017/625 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products set out the official controls to be carried out on animals and relevant goods entering Great Britain by the relevant competent authorities.
Amendment Plant Health (Amendment etc.) (EU Exit) Regulations 2020
This amendment changes the date of exports and imports that apply in regulation 52 of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (as an amendment).
This regulation now relates to plants, plant products and other objects which originate in, or are dispatched from, an EU Member State, other than qualifying Northern Ireland goods, introduced into Great Britain during the period commencing on IP completion day and ending on 31st December 2021.
GB Retained Regulation (EU) 2017/625 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products
The date when operators must begin giving prior notification of the arrival of all plants, plant products and other objects to protect against pests of plants, is extended to 31st July 2021.
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Jurisdiction:UK
Commencement:Section 59 of the Act will commence on Royal Assent (17th December 2020). The other provisions will commence on the day or days appointed by regulations.
Amends:New Legislation Mini Summary
This Act ensures businesses can continue to trade goods freely and effectively across the United Kingdom following the departure from the European Union.
Summary
As the United Kingdom (UK) has left the European Union (EU), this Act is introduced to ensure businesses can continue to trade goods freely and effectively across the UK.
The Act establishes two principles that apply to goods and services which are known as the ‘Market Access Principles‘:
The principle of mutual recognition which ensures regulations from one part of the UK are recognised across each of the others, i.e. any good that meets relevant regulatory requirements relating to sale in the part of the UK it is produced in or imported into, can be sold in any other part of the UK without having to adhere to additional relevant regulatory requirements in that other part.
The principle of non-discrimination which supports companies trading in the UK, regardless of where in the UK they are based, by preventing unreasonably discriminatory regulation.
The market access principles allow organisations to trade without additional barriers based on which UK nation they are in. They also provide access of qualifying goods from Northern Ireland to Great Britain.
This entry focuses on the parts of the Act that relate to the environment; specifically this relates to the exclusions from mutual recognition and non-discrimination for goods. Exclusions
There are certain specific exclusions from mutual recognition and non-discrimination for goods. An exclusion is a policy area, area of regulation or type of relevant requirement that is not subject to the principles. These areas can be updated and changed in the future if required in response to changes in market conditions.
Schedule 1 of the Act lists certain areas of exclusion from either or both Market Access Principles. The areas that are excluded from mutual recognition and relate to environmental management are:
chemicals in relation to authorisations and restrictions under the UK Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regime;
pesticides in relation to the authorisation for sale of products and approval of active substances; and
fertilisers in relation to safeguarding measures taken by each administration.
The area excluded from both mutual recognition and non-discrimination that relates to environmental management is sanitary and phytosanitary measures relating to serious threats to animal and plant health. This ensures that the measures can be implemented, to take account of differences in pest and disease prevalence across the UK. Any measure falling under this exclusion needs to be supported by a risk assessment demonstrating the measure was reasonable and justified. Duties
There are no direct compliance duties for organisations in this Act.
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