[Modification of the Mining Waste DirectiveN.I.
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9C.—(1) For the purposes of these Regulations, the Mining Waste Directive is to be read as follows.
(2) A reference to one or more member States in a provision imposing an obligation or providing a discretion on a member State or member States is to be read as a reference to the appropriate authority or local authority which, immediately before IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion in Northern Ireland.
(3) In Article 2—
(a)in paragraph 2(c), the reference to Article 11(3)(j) of Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy were a reference to that Article read in accordance with regulation 9E;
(b)paragraphs 3 and 4 were omitted.
(4) In Article 3—
(a)in point (1), for “Article 1(a) of Directive 75/442/EEC” there were substituted “ Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive ”;
(b)in point (2), for “Article 1(4) of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste” there were substituted “ Article 3(2) of the Waste Framework Directive ”;
(c)in point (4), for the words from “the national law” to the end there were substituted “ national law ”;
(d)in point (17), for “Directive 67/548/EEC or Directive 1999/45/EC” there were substituted “ Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures”;
(e)in point (18), for “Article 2(11) of Directive 96/61/EC” there were substituted “ Article 3(10) of the Industrial Emission Directive ”;
(f)in point (24), for the words from “the national law” to “takes place” there were substituted “ national law ”;
(g)in point (26), for the words from “the national” to “operates,” there were substituted “ national law ”;
(h)in point (27), for “which a Member State designates” there were substituted “ designated ”; and
(i)in point (29), for “competent authority” there were substituted “ appropriate authority ”.
(5) In Article 5—
(a)in paragraphs 2(a)(iii) and (b), “at Community level” were omitted;
(b)in paragraph 3—
(i)in the first subparagraph, in point (g), for “Directive 2000/60/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2000/60/EC of the European Parliament and of the Council in respect of Northern Ireland ”; and
(ii)in the second subparagraph, for “competent authority” there were substituted “ appropriate authority ”;
(c)in paragraph 4, in the second sentence, for “competent authority” there were substituted “ appropriate authority ”;
(d)in paragraph 5, “or Community” were omitted;
(e)paragraph 6 were omitted.
(6) In Article 6—
(a)in paragraph 2, the words from “Without prejudice” to “92/104/EEC,” were omitted;
(b)in paragraph 3, in the third subparagraph, for “competent authority” in both places it occurs there were substituted “ appropriate authority ”.
(7) In Article 7—
(a)in paragraph 1—
(i)in the first subparagraph, in the first sentence, for “competent authority” there were substituted “ appropriate authority ”; and
(ii)in the second subparagraph, in the first sentence—
(aa)“or Community” were omitted; and
(bb)for “competent authority” there were substituted “ appropriate authority ”;
(b)in paragraph 2(e), the reference to Directive 85/337/EEC were a reference to the EU-derived domestic legislation which transposed 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 in respect of Northern Ireland;
(c)in paragraph 3—
(i)in the words before point (a), for “competent authority” there were substituted “ appropriate authority ”; and
(ii)in point (b), for “Article 7 of Directive 75/442/EEC” there were substituted “ Article 13 of the Waste Framework Directive ”;
(d)in paragraph 4—
(i)in the words before the first indent, for “competent authorities” there were substituted “ appropriate authority ”; and
(ii)the third indent were omitted; and
(e)in paragraph 5, “and Community” were omitted.
(8) In Article 9 for “competent authorities” there were substituted “ appropriate authority ”.
(9) In Article 10, paragraph 2 were omitted.
(10) In Article 11—
(a)in paragraph 2—
(i)in the words before point (a), for “competent authority” there were substituted “ appropriate authority ”; and
(ii)in point (a)—
(aa)the words “Community or” were omitted; and
(bb)for “Directives 76/464/EEC, 80/68/EEC and 2000/60/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2000/60/EC in respect of Northern Ireland ”;
(b)in paragraph 3—
(i)for “competent authority” in each place it occurs there were substituted “ appropriate authority ”; and
(ii)in the third subparagraph, for “competent authorities” there were substituted “ appropriate authority ”.
(11) In Article 12—
(a)in paragraphs 2(b), 2(c) and 3, for “competent authority” there were substituted “ appropriate authority ”;
(b)in paragraph 4—
(i)for “competent authority” in both places it occurs there were substituted “ appropriate authority ”; and
(ii)“national or Community” were omitted; and
(c)in paragraph 5—
(i)for “competent authority” there were substituted “ appropriate authority ”; and
(ii)for the words from “Community” to “2000/60/EC” there were substituted “ retained EU law, in particular the EU-derived domestic legislation which transposed Directive 2000/60/EC in respect of Northern Ireland ”.
(12) In Article 13—
(a)in paragraph 1, in the words before point (a)—
(i)for “competent authority” there were substituted “ appropriate authority ”;
(ii)the word “Community” were omitted; and
(iii)for “Directive 2000/60/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2000/60/EC in respect of Northern Ireland ”;
(b)in paragraph 3—
(i)for “Directives 76/464/EEC, 80/68/EEC or 2000/60/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2000/60/EC in respect of Northern Ireland ”; and
(ii)for “competent authority” there were substituted “ appropriate authority ”;
(c)in paragraph 4, for “Directives 76/464/EEC, 80/68/EEC and 2000/60/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2000/60/EC in respect of Northern Ireland ”;
(d)in paragraph 5, in the second sentence—
(i)for “competent authority” there were substituted “ appropriate authority ”;
(ii)for “Community” there were substituted “ retained EU law ”; and
(iii)for “Directive 2000/60/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2000/60/EC in respect of Northern Ireland ”; and
(e)in paragraph 6, in the second subparagraph, for “competent authority” there were substituted “ appropriate authority ”.
(13) In Article 14(1) and (4), for “competent authority” there were substituted “ appropriate authority ”.
(14) In Article 17, for “competent authority” in each place it occurs (including the heading), there were substituted “ appropriate authority ”.
(15) In Article 24(4), in the second indent—
(a)“Community or” were omitted; and
(b)for “competent authority” there were substituted “ appropriate authority ”.
(16) In Annex 3—
(a)in the second indent, for “under Directive 91/689/EEC” there were substituted “ the Waste Framework Directive ”; and
(b)in the third indent, for “Directives 67/548/EEC or 1999/45/EC” there were substituted “ Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures ”.]