
PART 1
1 

(1) These Regulations may be cited as the Environmental Assessment (EU Exit) (Scotland) (Amendment) Regulations 2019.
(2) They come into force—
(a) as regards this Part and Part 2, on 30 June 2019, and
(b) as regards Part 3, on exit day.
(3) These Regulations extend to Scotland only.
(4) In these Regulations, “the Act” means the Environmental Assessment (Scotland) Act 2005.
PART 2
2 

(1) The Act is amended in accordance with paragraphs (2) to (4).
(2) In section 5(3)(b) (qualifying plans and programmes), for “Council Directive 97/62/EC” substitute “Council Directive 2013/17/EU”.
(3) In schedule 1 (projects)—
(a) in paragraph 9—
(i) for “Annex IIA to Directive 75/442/EEC” substitute “Annex 1 of Directive 2008/98/EC of the European Parliament and of the Council”, and
(ii) for “(that is to say, waste to which Directive 91/689/EEC applies)” substitute “as defined in Article 3.2 of that Directive”,
(b) in paragraph 10, for “Annex IIA to Directive 75/442/EEC” substitute “Annex 1 of Directive 2008/98/EC of the European Parliament and of the Council”,
(c) in paragraph 13, for “Directive 91/271/EEC” substitute “Council Directive 91/271/EEC”, and
(d) in paragraph 44—
(i) for “Council Directive 85/337/EEC” substitute “Directive 2011/92/EU of the European Parliament and of the Council”, and
(ii) omit “(as last amended by Council Directive 2003/35/EC)”.
(4) In schedule 3 (information for environmental reports), in paragraph 4—
(a) after “birds” insert “, Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds,”, and
(b) for “Council Directive 97/62/EC” substitute “Council Directive 2013/17/EU”.
PART 3
3 

(1) The Act is amended in accordance with paragraphs (2) to (7).
(2) In section 5(3)(b) (qualifying plans and programmes), after “pursuant to” insert “any retained EU law extending to Scotland which implemented”.
(3) In section 13 (relationship with EU law requirements)—
(a) in the heading, after “with” insert “other retained”,
(b) in subsection (1), after “requirement under” insert “other retained”, and
(c) in subsection (2), after “provision of” insert “other retained”.
(4) In section 14(4) (preparation of environmental report), for “EU legislation” substitute “other retained EU law”.
(5) In schedule 1 (projects), in paragraph 44(1), after “that Directive” insert “, as those expressions were construed immediately before exit day”.
(6) In schedule 2 (criteria for determining the likely significance of effects on the environment)—
(a) in paragraph 1(e), for “EU legislation” substitute “retained EU law”, and
(b) in paragraph 2, omit “, Community”.
(7) In schedule 3 (information for environmental reports)—
(a) in paragraph 4, after “pursuant to” insert “any retained EU law extending to Scotland which implemented”, and
(b) in paragraph 5, for “, Community or Member State” substitute “or national”.
ROSEANNA CUNNINGHAM
A member of the Scottish Government
St Andrew’s House,
Edinburgh
16th May 2019