(This note is not part of the Regulations)
These Regulations amend the Offshore Combustion Installation (Prevention and Control of Pollution) Regulations 2001 (the “2001 Regulations”). The 2001 Regulations implement Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control. Council Directive 96/61/EC has been amended by: (i) Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 which provides for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amends, with regard to public participation and access to justice, Council Directives 85/337/EEC and 96/61/EC; (ii) Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC; and (iii) Regulation (EC) 1882/2003 of the European Parliament and of the Council of 29 September 2003 adapting to Council Decision 1999/468/EC the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in instruments subject to the procedure referred to in Article 251 of the EC Treaty. These Regulations amend the 2001 Regulations so as to implement the amendments made by Directive 2003/35/EC.
Regulation 4 amends regulation 2 of the 2001 Regulations by inserting definitions for “Directive”, “electronic communication” and “transboundary area”, and amends the definition of “EEA State” so as to include all the member States which joined the European Union in 2004 and 2007.
Regulation 5 amends regulation 5 by requiring that an application for a permit under regulation 4 of the 2001 Regulations is accompanied by an outline of the main alternatives studied by the applicant, if any.
Regulation 6 amends regulation 7 by expanding the information which the Secretary of State must publish when he receives an application for a permit, requiring that information of material relevance to the Secretary of State’s decision is made available to the public, and providing that other EEA States can participate in the consultation procedure of the UK where the application for a permit falls within the meaning of Article 4 or Article 12(2) of Directive 96/61/EC (as amended).
Regulation 7 inserts a new regulation 7A; it provides for the Secretary of State to participate in the consultation procedure of another EEA State where a combustion installation to be built in that EEA State is likely to have significant effects on the environment of the transboundary area. The new regulation also sets out the procedure that the Secretary of State must follow in bringing such relevant projects to the attention of the public concerned in the UK.
Regulation 8 amends regulation 9 by setting out the consultation procedure to be followed where the Secretary of State reviews the conditions of a permit where the pollution caused by the installation is of such significance that all or any of the emission limit values, equivalent parameters or technical measures of the permit need to be revised.
Regulation 9 amends regulation 11 by requiring the Secretary of State to ensure that: (i) information on conditions attached to permits, (ii) subsequent updates to permits and (iii) details of the public participation in the decision-making process, are, in each case, kept on the register to be maintained by him. In addition, the Secretary of State must keep other EEA States involved in the public participation procedure informed of the matters contained on the register.
Regulation 11 provides a transitional provision which applies to applications received prior to the coming into force of these Regulations.
A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Energy Development Unit, Department of Trade and Industry, 1 Victoria Street, London SW1H 0ET.
A Transposition Note is available and can also be obtained from the Energy Development Unit, Department of Trade and Industry, 1 Victoria Street, London SW1H 0ET.
The regulatory impact assessment and Transposition Note are also annexed to the Explanatory Memorandum, which is available alongside the instrument on the Office of Public Sector Information website: www.opsi.gov.uk.