Exiting The European Union PART 1 Introduction Citation, commencement, extent and interpretation 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 Amendment of the Act to update legislative references, made in exercise of powers conferred by section 2(2) of the European Communities Act 1972 Amendment of the Act to update references 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 Amendment of the Act to address deficiencies arising from the withdrawal of the United Kingdom from the European Union Amendment of the Act to address deficiencies 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