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Changes to legislation:

There are currently no known outstanding effects for the The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019, SCHEDULE 3. Help about Changes to Legislation

Regulation 5

SCHEDULE 3N.I.Modifications of the Directives

This schedule has no associated Explanatory Memorandum

1.—(1) In this Schedule—N.I.

the Air Quality Fourth Daughter Directive” means Directive 2004/107/EC of the European Parliament and of the Council relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air M1;

the Ambient Air Quality Directive” means Directive 2008/50/EC of the European Parliament and of the Council on ambient air quality and cleaner air for Europe M2;

the Asbestos Directive” means Council Directive 87/217/EC on the prevention and reduction of environmental pollution by asbestos M3;

the Basic Safety Standards Directive” means Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation M4;

the Batteries Directive” means Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators M5;

the End-of-Life Vehicles Directive” means Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles M6;

the Industrial Emissions Directive” means Directive 2010/75/EC of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) M7;

the Landfill Directive” means Council Directive 1999/31/EC on the landfill of waste as read with Council Decision 2003/33/EC establishing criteria and procedures for the acceptance of waste at landfill pursuant to Article 16 of and Annex II to Directive 1999/31/EC of the European Parliament and of the Council M8;

the Medium Combustion Plant Directive” means Directive (EU) 2015/2193 of the European Parliament and of the Council on the limitation of emissions of certain pollutants into the air from medium combustion plants M9;

the Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste M10;

the WEEE Directive” means Directive 2012/19/EC of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE) M11.

Commencement Information

I1Sch. 3 para. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M1OJ L 23, 26.1.2005, p. 3-16

M2OJ L 152, 11.6.2008, p. 1-44

M3OJ L 85, 28.3.1987, p. 40-45

M4OJ L 13, 17.1.2014, p. 1-73

M5OJ L 266, 26.9.2006, p. 1-14

M6OJ L 269, 21.10.2000, p. 34-43

M7OJ L 334, 17.12.2010, p. 17-19

M8OJ L 182 16.7.1999, p. 1-19 as read with OJ L 11, 19.12.2002, p. 27

M9OJ L 313, 28.11.2015, p. 1-19

M10OJ L 312, 22.11.2008, p. 3-30

M11OJ L 197, 24.7.2012, p. 38-71

Modifications of the Air Quality Fourth Daughter DirectiveN.I.

2.—(1) For the purposes of the Air Quality Standards Regulations (Northern Ireland) 2010, the Air Quality Fourth Daughter Directive is to be read in accordance with this paragraph.

(2) Annex 2 is to be read as if, in section 2 paragraph 2, for “Member States” there were substituted “ The Department ”.

(3) Annex 3 is to be read as if, in section 4 paragraph (b), the words “as defined by Article 2(11) of Directive 96/61/EC M12” were omitted.

(4) Annex 4 is to be read as if, in section 1, in paragraphs 5 and 6—

(a)for “Member States” in each place it occurs there were substituted “ the Department ”; and

(b)for “they” in each place it occurs there were substituted “ the Department ”.

(5) Annex 5 is to be read as if—

(a)in section 1, in the second paragraph, for “Member State” there were substituted “ the Department ”;

(b)in section 2—

(i)in the first paragraph for “Member States are allowed to” there were substituted “ the Department may ”; and

(ii)in the second paragraph for “A Member State” there were substituted “ The Department ”;

(c)in section 3, in the second paragraph for “A Member State” there were substituted “ The Department ”; and

(d)section 5 were omitted.

Commencement Information

I2Sch. 3 para. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M12OJ L 257, 10.10.1996, p. 26-40

Modifications of the Ambient Air Quality DirectiveN.I.

3.—(1) For the purposes of the Air Quality Standards Regulations (Northern Ireland) 2010, the Ambient Air Quality Directive is to be read in accordance with this paragraph.

(2) A reference to one or more Member States in a provision imposing an obligation or conferring a discretion on a Member State or Member States is to be read as a reference to the competent authority which, immediately before [F1IP completion day], was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion.

(3) Article 3(f) is to be read as if, for “other Member States” there were substituted “ Member States ”.

(4) Annex 1 is to be read as if—

(a)in section A, footnote (1)—

(i)for “Member States” there were substituted “ The Department ”;

(ii)for “they” there were substituted “ the Department ”; and

(iii)the words “to the Commission” were omitted;

(b)in section C—

(i)in paragraph 1, for “the appropriate competent authorities and bodies designated pursuant to Article 3” there were substituted “ the Department ”;

(ii)in point (i), for the words “pursuant to Article 6” to the end, there were substituted “ are in accordance with this section ”;

(iii)in point (iii), the words from “and that institutions” to the end were omitted;

(iv)in point (iv), in the first sentence—

(aa)the words from “are appointed by” to “Article 3 and” were omitted;

(bb)for “harmonised” there were substituted “ designated ”; and

(cc)the words from “the reference to” to “the European Union” were omitted;

(v)in point (iv), in the second sentence, the words from “for the co-ordination” to “also be responsible” were omitted;

(vi)points (v) and (vi) were omitted; and

(vii)in paragraph (2), for “All reported data under Article 27” there were substituted “ All data ”.

(5) Annex 2 is to be read as if, in section B paragraph 2, for “Member States” there were substituted “ the Department ”.

(6) Annex 3 is to be read as if, in section A paragraph 2(b), the words “In accordance with Article 2(1)” were omitted.

(7) Annex 5 is to be read as if, in section A paragraph 1, in the footnotes (1) and (2) for “a Member State” there were substituted “ the Department ”.

(8) Annex 6 is to be read as if, in section B—

(a)in paragraph 1—

(i)for “A Member State” there were substituted “ The Department ”; and

(ii)for “the Member State” there were substituted “ the Department ”;

(b)paragraphs 2, 3 and 4 were omitted.

(9) Annex 8 is to be read as if, in section A, in the paragraph following the table, after the words “in the Community” there were inserted “ insofar as it forms part of retained EU law ”.

Textual Amendments

F1Words in Regulations substituted (31.12.2020 immediately before IP completion day) by The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 3(2)

Commencement Information

I3Sch. 3 para. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Modification of the Asbestos DirectiveN.I.

4.—(1) For the purposes of these Regulations [F2and the legislation specified in regulation 5], the Asbestos Directive is to be read in accordance with this paragraph.

(2) When interpreting the Asbestos Directive for the purposes of these Regulations—

(a)an expression used in the Directive that is defined in these Regulations has the meaning given in these Regulations except for “ waste” which has the meaning given in Article 2(5) of the Asbestos Directive read in accordance with sub-paragraph (3);

(b)the competent authority is the Department; and

(c)a reference to Member States is to be read as a reference to the Department.

(3) Article 2(5) is to be read as if for “Article 1 of Directive 75/442/EEC M13” there were substituted “ Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive ”.

(4) Article 3(2) is to be read as if for “Article 13 of Directive 84/360/EEC M14” there were substituted ”Article 5 of Directive 2008/1/EC of the European Parliament and of the Council M15”.

(5) Article 5 is to be read as if, in the first paragraph, in point (a), in the first subparagraph, in the second indent, for “competent authorities of the Member States” there were substituted “ Department ”.

(6) Article 6 is to be read as if—

(a)after paragraph 1 there were inserted—

1A.  In paragraph 1, “regular intervals” means, for the purposes of a regulated facility to which Article 4 applies, intervals of not more than 6 months.; and

(b)paragraph 3 were omitted.

(7) Article 8 is to be read as if, in the words before the first indent, the words from “Without” to “Accession,” were omitted.

(8) The Annex is to be read as if, in Part B—

(a)in Chapter 1, in paragraph 1, in the second subparagraph—

(i)in the third sentence, for “controlling authority” there were substituted “ Department ”; and

(ii)in the fourth sentence, for “a Member State” there were substituted “ the Department ”;

(b)in Chapter 2—

(i)in the first paragraph, “subject to the provisions of Article 6(3) of the Directive,” were omitted;

(ii)in the second paragraph, for the words from “using” to the end there were substituted “ in accordance with Article 7(6) of Directive 2009/148/EC of the European Parliament and of the Council on the protection of workers from the risks related to exposure to asbestos at work M16; and

(iii)in the third paragraph—

(aa)in point 1, for “controlling authority” there were substituted “ Department ”; and

(bb)in point 8, for the words from “conform” to the end there were substituted “ be conducted in accordance with Article 7(6) of Directive 2009/148/EC.

Textual Amendments

Commencement Information

I4Sch. 3 para. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M13OJ L 194, 25.7.1975, p. 39-41

M14OJ L 188, 16.7.1984, p. 20-25

M15OJ L 24, 29.1.2008, p. 8-29

M16OJ L 330, 16.12.2009, p. 28-36

Modifications of the Basic Safety Standards DirectiveN.I.

5.—(1) For the purposes of these Regulations [F3and the legislation specified in regulation 5], the Basic Safety Standards Directive is to be read in accordance with this paragraph.

(2) Article 4 is to be read as if—

(a)in points (11), (47) and (57), for “competent authority” there were substituted “ Department ”;

(b)in point (34) for a “a competent authority” there were substituted “ the Department ”;

(c)in point (43) for “any competent authority” there were substituted “ the Department ”;

(d)in point (79)—

(i)for “Member State” in the first and second place it occurs there were substituted “ Department ”;

(ii)for “a competent regulatory authority” there were substituted “ the Department ”; and

(iii)for “Member State” in the third place it occurs there were substituted “ United Kingdom ”;

(e)in point (86) for “competent authority” in the first and second place it occurs there were substituted “ the Department ”.

(3) Article 12 is to be read as if for “Member States” where it occurs there were substitute “ the Department ”.

(4) Article 30(4) is to be read as if—

(a)in the first sentence, for “Member States” there were substituted “ The Department ”; and

(b)in the third sentence for “Competent Authority” there were substituted “ Department ”.

(5) Article 66 is to be read as if—

(a)in paragraphs 1 and 2 , for “Member States” in each place it occurs there were substituted “ The Department ”; and

(b)in paragraph 3, in the words before point (a), for “competent authority” there were substituted “ Department ”.

(6) Article 75 is to be read as if—

(a)in paragraph 2—

(i)in the words before point (a)—

(aa)for “Member State” there were substituted “ Department ”; and

(bb)for “Member States” there were substituted “ the Department ”;

(ii)in point (b), for “competent authority” there were substituted “ Department ”;

(b)in paragraph 3, for “Member States” there were substituted “ the Department ”.

(7) Articles 85 to 87 are to be read as if—

(a)for “Member States” in each place it occurs there were substituted “ The Department ”;

(b)in Article 85(3) and 86(4), for “competent authority” there were substituted “ Department ”.

(8) Article 88 is to be read as if, in the words before point (a), for the words from “In addition” to “States” there were substituted “ The Department ”.

(9) Article 89 is to be read as if—

(a)in the first paragraph—

(i)the words before point (a)—

(aa)for “Member States” there were substituted “ The Department ”; and

(bb)for “competent authority” there were substituted “ Department ”;

(ii)in point (b), for “Member States” there were substituted “ the Department ”;

(b)in the second paragraph, for “competent authority” there were substituted “ Department ”.

(10) Article 90 is to be read as if—

(a)in the heading, for “competent authority” there were substituted “ Department ”;

(b)in the first sentence, for “Member States shall ensure that the competent authority keeps” there were substituted “ The Department must keep ”; and

(c)in the third sentence, for “competent authority” there were substituted “ Department ”.

(11) Article 91 is to be read as if for “Member States” in both places it occurs there were substituted “ The Department ”.

(12) Article 92 is to be read as if—

(a)for “Member States” in each place it occurs there were substituted “ The Department ”; and

(b)in Article 92(1)(b), for “competent authority” there were substituted “ Department ”.

(13) Article 93 is to be red as if—

(a)for “Member States” in each place it occurs there were substituted “ The Department ”; and

(b)in paragraph (2) for “competent authority” in each place it occurs there were substituted “ Department ”.

(14) Article 94 is to be read as if—

(a)in paragraph (1), for “Member States shall ensure that the competent authority is” there were substituted “ The Department be ”; and

(b)in paragraph (2), for “Member States” there were substituted “ The Department ”.

(15) Article 95 is to be read as if for “Member States” there were substituted “ The Department ”.

(16) Article 96 is to be read as if—

(a)in the first sentence for “Member States” there were substituted “ The Department ”; and

(b)in paragraph (b) for “competent authority” there were substituted “ Department ”.

(17) Article 101 is to be read as if for “Member States” there were substituted “ The Department ”.

(18) Article 102 is to be read as if for “Member States” in both places it occurs there were substituted “ The Department ”.

(19) Annex 7 is to be read as if—

(a)in Section 1, in the first sentence, for “competent authority” there were substituted “ the Department ”; and

(b)in Section 2—

(i)in points (c) and (d), “Community” were omitted; and

(ii)in point (e), in the fourth sentence, for “competent authority” there were substituted “the Department;

(c)in Section 3—

(i)in point (d), for “Member States” there were substituted “ the Department ”;

(ii)in point (e), in the first paragraph, in the fourth indent, in the third sentence, for “Member States” there were substituted “ the Department ”;

(d)in Table A Part 1, in the final paragraph, for “competent authority” there were substituted “ the Department ”.

(20) Annex 14 is to be read as if, in the form, in the note, for “Community” there were substituted “ United Kingdom ”.

(21) Annex 15 is to be read as if—

(a)in point (b), for “Member States” there were substituted “ the Department ”; and

(b)in points (d), (e) and (g) for “competent authority” where it occurs there were substituted “ the Department ”.

Textual Amendments

Commencement Information

I5Sch. 3 para. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Modification of the Batteries DirectiveN.I.

6.—(1) For the purposes of these Regulations [F4and the legislation specified in regulation 5], the Batteries Directive is to be read in accordance with this paragraph.

[F5(2) Article 2(2)(a) is to be read as for the words “Member States’ essential security interests” there were substituted “the essential security interests of the United Kingdom and Member States”.]

(3) Article 3 is to be read as if—

(a)in point (7), for “Article 1(1)(a) of Directive 2006/12/EC M17” there were substituted “ Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive ”; and

(b)in point (9), for “Annex IIA to Directive 2006/12/EC” there were substituted “ Annex 1 to the Waste Framework Directive ”.

Textual Amendments

Commencement Information

I6Sch. 3 para. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M17OJ L 114, 27.4.2006, p. 9-21

Modification of the End-of-Life Vehicles DirectiveN.I.

7.—(1) For the purposes of these Regulations [F6and the legislation specified in regulation 5], the End-of-Life Vehicles Directive is to be read in accordance with this paragraph.

(2) When interpreting the End-of-Life Vehicles Directive for the purposes of these Regulations—

(a)an expression used in the Directive that is defined in these Regulations has the meaning given in these Regulations; and

(b)any reference to one or more Member States in a provision imposing an obligation or conferring a discretion on a Member State or Member States is to be read as a reference to the appropriate authority, appropriate agency or local authority which, immediately before [F1IP completion day], was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion so far as it related to Northern Ireland.

(3) Article 2 is to be read as if—

(a)for paragraph 1 there were substituted—

1.  vehicle” means any motor vehicle;

1A.  waste” means waste within the meaning of Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive;;

(b)in paragraph 2, “within the meaning of Article 1(a) of Directive 75/442/EEC M18” were omitted;

(c)for paragraphs 8 and 9, there were substituted—

8.  ‘recovery’ has the meaning given in regulation 1(3) of the Waste Management Licensing Regulations (Northern Ireland) 2003 M19; and

9.  ‘disposal’ has the meaning given in regulation 1(3) of the Waste Management Licensing Regulations (Northern Ireland) 2003;;

(d)for paragraph 11 there were substituted—

11.  ‘hazardous substance’ has the meaning given regulation 2(1) of the Hazardous Waste Regulations (Northern Ireland) 2005; .M20

(4) Article 4(2) is to be read as if points (b) and (c) were omitted.

(5) Article 6 is to be read as if—

(a)in paragraph 1—

[F7(i)for “Directive 2008/98/EC of the European Parliament and of the Council” there were substituted “the Waste Framework Directive”;]

(ii)“, without prejudice to national regulations on health and environment” were omitted;

(b)in paragraph 3, in the words before point (a), for “establishment or undertaking” there were substituted “ operator ”.

(6) Annex II is to be read as if, in the table, in table footnote (2a), for the words from “Directive 2006/95/EC M21” to the end there were substituted “ the second subparagraph of Article 1 of Directive 2014/35/EU M22 of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits ”.

(7) In sub-paragraph (2)(b), “local authority” in Northern Ireland means a district council within the meaning of section 1 of the Local Government Act (Northern Ireland) 1972 M23.

Textual Amendments

F1Words in Regulations substituted (31.12.2020 immediately before IP completion day) by The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 3(2)

Commencement Information

I7Sch. 3 para. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M18OJ L 194, 25.7.1975, p. 39-41

M19S.R. 2003 No. 493 as relevantly amended by S.R. 2003 No. 496, S.R. 2005 No. 300, S.R. 2006 No. 280, S.R. 2006 No. 489, S.R. 2006 No. 519, S.R. 2008 No. 18, S.R. 2009 No. 76, S.R. 2009 No. 159, S.R. 2010 No. 411, S.R. 2011 No. 124, S.R. 2011 No. 127, S.R. 2011 No. 403, S.R. 2013 No. 241, S.R. 2014 No. 137, S.R. 2014 No. 307, S.R. 2014. No. 252, S.R. 2015 No. 14, S.R. 2015 No. 288, S.R. 2016 No. 95 and S.R. 2016 No. 96

M20S.R. 2005 No. 300 as relevantly amended by S.R. 2011 No. 127, S.R. 2015 No. 288 and S.R. 2016 No. 95

M21OJ L 374, 27.12.2006, p. 10-19

M22OJ L 96, 29.3.2014, p. 357-374

Modification of the Industrial Emissions DirectiveN.I.

8.—(1) For the purposes of these Regulations [F8and the legislation specified in regulation 5], the Industrial Emissions Directive is to be read in accordance with this paragraph.

(2) When interpreting the Industrial Emissions Directive for the purposes of these Regulations—

(a)an expression used in the Directive that is defined in these Regulations has the meaning given in these Regulations, except for—

(i)“installation”, which has the meaning given by Article 3(3) of the Directive as read with sub-paragraph (3)(b); and

(ii)“general binding rule”, which has the meaning given by Article 3(8) of the Directive as read with paragraph (8).

(b)the competent authority is for all purposes including that of exercising a judgement as to whether there is an overriding need to maintain energy supplies under Articles 30(6) and 37, the Department.

(3) Article 3 is to be read as if—

(a)in point (1) for the words from “Article 1” to the end there were substituted “ Article 4 of the Basic Safety Standards Directive ”;

(b)for points (2) to (4) there were substituted—

(2) pollution” has the meaning given in regulation 2(1) of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;

(3) “installation”—

(a)for the purposes of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013, means Part A installation;

(b)for the purposes of regulation 14 of those Regulations, means a stationary technical unit within which a solvent emission activity is carried out, and any other directly associated activities on the same site which have a technical connection with the solvent emission activity and which could have an effect on emission of volatile organic compounds;

(4) emission” has the meaning given in regulation 2(1) of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;;

(c)in point (6), for “Union law” there were substituted “ retained EU law ”;

(d)for points (7) and (8) there were substituted—

(7) ‘permit’ has the same meaning as in the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013.

(8) ‘general binding rule’—

(a)for the purposes of regulation 16 of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013 means emission limit values or other conditions, at least at sector level, that are adopted with the intention of being used directly to set permit conditions;

(b)otherwise, means a standard rule published under by the Department;;

(e)in point (10)(b), for “Member State in question” there were substituted “ United Kingdom ”;

(f)in point (12), for “means a document” there were substituted “ except where Article 13(7) applies, means a document annexed to retained direct EU legislation made under Article 13(5) as that Article had effect immediately before [F1IP completion day];

(g)for point (18) there were substituted—

(18) ‘hazardous substances’ has the meaning given by regulation 2(1) of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;;

(h)for paragraph 20 there were substituted—

(20) ‘groundwater’ has the meaning given by regulation 2(1) of the Groundwater Regulations ( Northern Ireland ) 2009;;

(i)in point (23), for the words from “point 1 of Article 2” to the end there were substituted “ point 1 of the second subparagraph of Article 2 of Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs M24;

(j)for point (25) there were substituted—

(25) ‘combustion plant’ has the meaning given by regulation 2(1) of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;;

(k)in point (36), for the words from “point 26” to the end there were substituted “ Article 2(26) of Directive 2009/72/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity M25;

(l)for points (37) and (38) there were substituted—

(37) ‘waste’ has the meaning given by regulation 1(3) of the Waste Management Licensing Regulations (Northern Ireland) 2003;

(38) ‘hazardous waste’ has the meaning given by regulation 2(1) of the Hazardous Waste regulations (Northern Ireland) 2005;;

(m)for points (40) and (41) there were substituted—

(40) ‘waste incineration plant’ has the meaning given by regulation 2(1) of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;

(41) ‘waste co-incineration plant’ has the meaning given by regulation 2(1) of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;.

(4) Article 5 is to be read as if—

(a)in paragraph 1, the words from “Without prejudice” to “Union law,” were omitted; and

(b)in paragraph 3, a reference to a numbered Article of Directive 85/337/EEC M26 were a reference to the retained EU law which transposed the same numbered Article of 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 M27 in respect of Northern Ireland.

(5) Article 7 is to be read as if, in the words before point (a)—

(a)the words from “Without prejudice” to “environmental damage,” were omitted;

(b)for “Member States” there were substituted “ the Department ”.

(6) Article 8(2) is to be read as if, in the words before point (a), for “Member States” there were substituted “ the Department ”.

(7) Article 9 is to be read as if—

(a)in paragraph 1, for “specified in Annex I to Directive 2003/87/EC M28” substitute “ a regulated activity within the meaning of regulation 3(1) of the Greenhouse Gas Emissions Trading Scheme Regulations 2012 M29;

(b)in paragraph 2, for “activities listed in Annex I to Directive 2003/87/EC, Member States” substitute “ regulated activities within the meaning of regulation 3(1) of the Greenhouse Gas Emissions Trading Scheme Regulations 2012, the competent authority ”; and

(c)omit paragraph 4.

(8) Article 11 is to be read as if—

(a)in the words before point (a), for “Member States” there were substituted “ The Department ”;

(b)in points (d) and (e), for “Directive 2008/98/EC” there were substituted “ the Waste Framework Directive ”.

(9) Article 12 is to be read as if—

(a)in paragraph 1, in the words before point (a), for “Member States” there were substituted “ The Department ”;

(b)in paragraph 2—

(i)for “Directive 85/337/EEC M30” there were substituted “ the retained EU law which transposed Directive 2011/92/EU M31 in respect of Northern Ireland ”;

(ii)for “Directive 96/82/EC M32” there were substituted “ the retained EU law which transposed Directive 2012/18/EU of the European Parliament and of the Council M33 in respect of Northern Ireland ”.

(10) Article 13 is to be read as if—

(a)Articles 13(1) to (6) were omitted; and

(b)in paragraph 7, for the words from “Pending” to “paragraph 5, the” there were substituted “ In the absence of a BAT conclusion, any relevant ”.

(11) Article 14 is to be read as if—

(a)in paragraph 1, for “Member States” there were substituted “ The Department ”;

(b)in paragraph 4, the second sentence were omitted; and

(c)in paragraph 7, for “the legislation” there were substituted “ retained EU law ”.

(12) Article 15(4) is to be read as if the fifth subparagraph were omitted.

(13) Article 17 is to be read as if—

(a)in paragraph 1, for “Member States” there were substituted “ the Department ”; and

(b)in paragraph 3, for “Member States” there were substituted “ The Department ”.

(14) Articles 20(1) and (2) are to be read as if, for “Member States” in both places it occurs there were substituted “ The Department ”.

(15) Article 21(1) is to be read as if for the words from “Member States” to “periodically reconsiders” there were substituted “ The Department must periodically reconsider ”.

(16) Article 22 is to be read as if—

(a)in paragraph 1, the words from “Without prejudice” to “soil protection” were omitted; and

(b)in paragraph 2—

(i)in the third subparagraph, for “Union” there were substituted “ retained EU ”; and

(ii)the fourth subparagraph were omitted.

(17) Article 23 is to be read as if—

(a)in paragraphs 1 and 2, for “Member States” in each place it occurs there were substituted “ The Department ”;

(b)in paragraph 4—

(i)in the fourth subparagraph, point (c) were omitted; and

(ii)the fifth subparagraph were omitted;

(c)in paragraph 6, in the second subparagraph, for the words from “Directive 2003/4/EC” to “environmental information” there were substituted “ the Environmental Information Regulations 2004 M34.

(18) Article 24 is to be read as if—

(a)in paragraph 1, for “Member States” there were substituted “ The Department ”; and

(b)in paragraph 4, is to be read as if, for “Article 4(1) and (2) of Directive 2003/4/EC” there were substituted “ the exceptions in Part 3 of the Environmental Information Regulations 2004 ”.

(19) Article 26(4) is to be read as if for the words from “any Member State” to the end there were substituted “ the Secretary of State of any application that is likely to have significant negative effects on the environment in the territory of a Member State ”.

(20) Article 30 is to be read as if—

(a)in paragraph 5 the second subparagraph were omitted; and

(b)in paragraph 6, the third subparagraph were omitted.

(21) Article 31is to be read as if—

(a)for “Member States” in each place it occurs there were substituted “ the Department ”;

(b)in paragraph 1, the words from “and with prior validation” to the end were omitted; and

(c)in paragraph 2, for “points 3.1 or” there were substituted “ point ”.

(22) Article 32 is to be read as if—

(a)a reference to the plan or transitional national plan were a reference to the UK transitional plan prepared by the Secretary of State and submitted to the European Commission on 20 October 2015;

(b)in paragraph 2, in the second subparagraph, the words “, pursuant in particular to the requirements of Directives 2001/80/EC M35 and 2008/1/EC M36,” were omitted; and

(c)in paragraph 3, the second subparagraph were omitted.

(23) Article 33 is to be read as if—

(a)in paragraph 1—

(i)in the words before point (a)—

(aa)the reference to the transitional national plan were a reference to the UK transitional plan prepared by the Secretary of State and submitted to the European Commission on 20th October 2015; and

(bb)“referred to in Article 32” were omitted;

(ii)at the end of point (b) there were inserted “and”;

(iii)in point (c), the words “, pursuant in particular to the requirements of Directives 2001/80/EC and 2008/1/EC,” were omitted; and

(iv)point (d) (and the “and” immediately preceding it) were omitted;

(b)paragraph 2 were omitted; and

(c)in paragraph 3, “and paragraph 2” were omitted.

(24) Articles 34(1) and 35(1)(d) are to be read as if the words “, pursuant in particular to the requirements of Directives 2001/80/EC and 2008/1/EC,” were omitted.

(25) Articles 37(1) and 38(1) are to be read as if for “Member States” there were substituted “ The Department ”.

(26) Article 42(2)(a)(iii) is to be read as if, for the words from “Regulation (EC) No 1774/2002 M37” to the end there were substituted “ Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption M38;

(27) Article 44(d) is to be read as if for “and Union” were omitted.

(28) Article 45(1)(a) is to be read as if for “European Waste List established by” there were substituted “ List in ”.

(29) Article 48(1) is to be read as if for “Member States” there were substituted “ The Department ”.

(30) Article 50 is to be read as if—

(a)in paragraph 3, in the second subparagraph, for the words from “Article 2(2)” to the end there were substituted “ regulation 2(1) of the Sulphur Content of Liquid Fuels Regulations (Northern Ireland) 2007 M39; and

(b)in paragraph 7, for “Member States” there were substituted “ The Department ”.

(31) Article 51(1) is to be read as if—

(a)in paragraph 1, the second sentence were omitted; and

(b)paragraph 4 were omitted.

(32) Article 52 is to be read as if—

(a)in paragraph 2, for “European Waste List established by” there were substituted “ List in ”; and

(b)in paragraph 4(a), for “Directive 2008/98/EC” there were substituted “ the Waste Framework Directive ”.

(33) Article 55(2) is to be read as if for “report referred to in Article 72 shall include” there were substituted “ operator must keep and provide to the Department ”.

(34) Article 59 is to be read as if—

(a)in paragraph 1—

(i)in the first subparagraph, in the words before point (a), for “Member States” there were substituted “ The Department ”; and

(ii)the second subparagraph were omitted;

(b)paragraph 4 were omitted.

(35) Article 60 is to be read as if for “Member States” there were substituted “ The Department ”.

(36) Article 65(3) is to be read as if for “restrictions laid down in Article 4(1) and (2) of Directive 2003/4/EC M40” there were substituted “ exceptions in Part 3 of the Environmental Information Regulations 2004 ”.

(37) Articles 67 and 70 are to be read as if for “Member States” in each place it occurs there were substituted “ The Department ”.

(38) Annex 1 is to be read as if—

(a)in the words before point 1, the second paragraph were omitted;

(b)in point 5.3—

(i)in point (a), in the words before point (i), for “Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment M41” there were substituted “ the Urban Waste Water Treatment Regulations (Northern Ireland) 2007 ”; and

(ii)in point (b), in the words before point (i), for “Directive 91/271/EEC” there were substituted “ the Urban Waste Water Treatment Regulations (Northern Ireland) 2007 ”;

(c)in point 5.4, the words from “, as defined” to “of waste” were omitted; and

(d)in point 6.11, for “Directive 91/271/EEC” there were substituted “ the Urban Waste Water Treatment Regulations (Northern Ireland) 2007 ”.

(39) Annex 2 is to be read as if, in the Section headed “Water”, in paragraph 13, for “Directive 2000/60/EC M42” there were substituted “ the Water Framework Directive ”.

(40) Annex 4 is to be read as if—

(a)in point 1(b), after “consultation between” there were inserted “ the United Kingdom and ”;

(b)in point 2—

(i)in the words before point (a), for “Member States” there were substituted “ The Department ”;

(ii)in point (a) “or authorities” were omitted; and

(iii)in point (b), for “Directive 2003/4/EC” there were substituted “ the Environmental Information Regulations 2004 ”;

(c)in point 5, for “Member States” there were substituted “ Department ”.

(41) Annex 6 is to be read as if—

(a)in Part 4—

(i)in point 1, in the definition of “Vproc”, for “Union” there were substituted “ retained EU law ”; and

(ii)point 3.1 were omitted;

(b)in Part 5, in entry 1 of the table, in the second column, after “defined in” there were inserted “ the third entry of Table 1 in ”;

(c)in Part 6, in point 2.1(c), after “furans” there were inserted “ and dioxin-like polychlorinated biphenyls and polycyclic aromatic hydrocarbons ”, but only in the case of particular plants where the regulator can demonstrate that emissions of those additional substances are, or are likely to be, significant; and

(d)in Part 8—

(i)in point 1.1(d)(i), in the second indent, for “Member States” there were substituted “ the Department ”; and

(ii)in point 2(b), for “Member State” there were substituted “ Department ”.

(42) Annex 7 is to be read as if, in Part 6, in point 2, for “Member States” there were substituted “ the Department ”.

Textual Amendments

F1Words in Regulations substituted (31.12.2020 immediately before IP completion day) by The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 3(2)

Commencement Information

I8Sch. 3 para. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M24OJ L 343, 22.12.2009, p. 74-113

M25OJ L 211, 14.8.2009, p. 55-93

M26OJ L 175, 5.7.1985, p. 40-48

M27OJ L 26, 28.1.2012, p. 1-21

M28OJ L 275, 25.10.2003, p. 32

M30OJ L 175, 5.7.1985, p. 40-48

M31OJ L 26, 28.1.2012, p. 1-21

M32OJ L 10, 14.1.1997, p. 13-33

M33OJ L 197, 24.7.2012, p. 1-37

M34S.I. 2004/3391, as amended by paragraph 305 and 307 of Schedule 19 to the Data Protection Act 2018 (c.12)

M35OJ L 309, 27.11.2001, p. 1-21

M36OJ L 24, 29.1.2008, p. 8-29

M37OJ L 273, 10.10.2002, p. 1-95

M38OJ L 300, 14.11.2009, p. 1-33

M40OJ L 41, 14.2.2003, p. 26-32

M41OJ L 135, 30.5.1991, p. 40-52

M42OJ L 327, 22.12.2000, p. 1-73

Modification of the Landfill DirectiveN.I.

9.—(1) For the purposes of these Regulations [F9and the legislation specified in regulation 5], the Landfill Directive is to be read in accordance with this paragraph.

(2) When interpreting the Landfill Directive for the purposes of these Regulations—

(a)an expression used in the Directive that is defined in these Regulations has the meaning given in these Regulations;

(b)“landfill permit” or “permit” has the same meaning as in the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013 M43;

(c)nature protection zone” means any—

(i)European site (which has the meaning given in regulation 9 of the Conservation (Natural Habitats, etc) Regulations (Northern Ireland) 1995 M44; or

(ii)area of special scientific interest (which has the meaning given in Article 28 of the Environment (Northern Ireland) Order) 2002 M45;

(d)any reference to one or more Member States in a provision imposing an obligation or conferring a discretion on a Member State or Member States is to be read as a reference to the appropriate authority, appropriate agency or local authority which, immediately before [F1IP completion day], was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion so far as it related to Northern Ireland; and

(e)the competent authority is the Department.

(3) Article 1 is to be read as if—

(a)in paragraph 1, the words from “With a view” to “thereof,” were omitted;

(b)in paragraph 2, for “Directive 96/61/EC M46”, in both places it occurs, there were substituted “ the Industrial Emissions Directive ”.

(4) Article 2 is to be read as if—

[F10(a)in point (a)—

(i)“‘waste’, ‘hazardous waste’, ‘non-hazardous waste’” were omitted; and

(ii)for the words “Directive 2008/98/EC” there were substituted “the Waste Framework Directive”;;]

[F11(b)after point (a) there were inserted—

(aa)‘waste’ has the meaning given by regulation 1(3) of the Waste Management Licensing Regulations (Northern Ireland) 2003;

(bb)‘hazardous waste’ and ‘non-hazardous waste’ have the meaning given in regulation 2(1) of the Hazardous Waste Regulations (Northern Ireland) 2005;; and]

(c)for point (l) there were substituted—

(l)‘operator’ has the meaning given in regulation 2(1) of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013.

(5) Article 3(2) is to be read as if, in the words before the first indent, “Without prejudice to existing Community legislation,” were omitted.

(6) Article 5(3) is to be read as if—

(a)in point (b), for “Annex III to Directive 91/689/EC M47” there were substituted “ Annex III to the Waste Framework Directive ”;

(b)in point (c), for the words from “(property H9” to the end there were substituted “ by Annex III to the Waste Framework Directive ”;

(c)in point (d)—

(i)for “two years from the date laid down in Article 18(1)” there were substituted “ 16 July 2001 ”; and

(ii)for “five years from the date laid down in Article 18(1)” there were substituted “ from 16 July 2004 ” [F12; and]

[F13(d)in point (f)––

(i)after “waste”, in the first place it occurs, there were inserted “paper, metal, plastic and glass”;

(ii)the words from “pursuant” to “Article 22 of that Directive” were omitted; and;

(iii)for the words “Article 4 of that Directive” there were substituted “Article 4 of the Waste Framework Directive”.]

[F14(7) In Article 6, point (a) is to be read as if—

(a)in the first paragraph, in the second sentence, for “may” there were substituted “does”;

(b)in the second paragraph, for the words from “of Directive 2008/98/EC” to the end, there were substituted “set out in Part 1, Schedule 3 of the Waste and Contaminated Land (Northern Ireland) Order 1997, or any objectives in retained EU law relating to the increase of preparing for re-use and recycling;”.]

(8) Article 7 is to be read as if—

(a)in the first subparagraph, in point (h)—

(i)the reference to Council Directive 85/337/EEC M48 of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment were a reference to the retained EU law which transposed Directive 2011/92/EU in respect of Northern Ireland; and

(ii)the reference to Article 5 of Directive 85/337/EEC were a reference to the retained EU law which transposed Article 5 of Directive 2011/92/EU in respect of Northern Ireland;

(b)in the second subparagraph, “and Community” was omitted.

(9) Article 8 is to be read as if—

(a)in point (a)—

(i)in point (i), “without prejudice to Article 3(4) and (5),” were omitted; and

(ii)in point (iv)—

(aa)in the first sentence, “issued under the provisions of this Directive” were omitted; and

(bb)the third sentence were omitted;

(b)in point (b), for “Article 7 of Directive 75/442/EEC” there were substituted “ regulation 8 of the Waste Regulations (Northern Ireland) 2011 ”.

(10) Article 9 is to be read as if, in the words before point (a), the words from “Specifying” to “Directive 96/61/EC,” were omitted.

(11) Article 10 is to be read as if for “Council Directive 90/313/EEC of 7 June 1990 on the freedom of access to information on the environment M49” there were substituted “ the Environmental Information Regulations 2004 M50.

(12) Article 11(1) is to be read as if—

(a)in point (b)—

(i)in the first indent—

(aa)for “Article 5(3) of Directive 91/689/EEC” there were substituted “ Article 19(2) of the Waste Framework Directive ”; and

(bb)for “Council Regulation” to the end there were substituted “ Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste M51;

(ii)in the third indent, “and Community” was omitted;

(b)in point (d), “without prejudice to the provisions of Regulation (EEC) No 259/93,” were omitted.

(13) Article 13(d) is to be read as if “Community or” were omitted.

(14) Article 14 is to be read as if—

(a)in the words before point (a), for “within eight years after the date laid down in Article 18(1)” there were substituted “ by 16 July 2007 ”;

(b)in point (a), for the words from “with a period” to “Article 18(1)” there were substituted “ by 16 July 2000 ”;

(c)in point (c), for “within eight years after the date laid down in Article 18(1)” there were substituted “ by 16 July 2007 ”; and

(d)in point (d)—

(i)in point (i), for “within one year after the date laid down in Article 18(1)” there were substituted “ by 16 July 2000 ”; and

(ii)in point (ii), for “within three years after the date laid down in Article 18(1)” there were substituted “ by 16 July 2002 ”.

(15) Annex 1 is to be read as if—

(a)in Section 2, for the final sentence there were substituted “ The above provisions do not apply to inert landfills. ”;

(b)in Section 3.3, omit the second paragraph;

(c)in Section 3.4, for from “Directive 80/68/EEC” to “competent authority” there were substituted “ the Water Framework Directive, as transposed by the Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2017 M52, the Department ”; and

F15(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(16) Annex 2 is to be read as if—

(a)Section 1 were omitted;

(b)in Section 2, in the second paragraph, the third sentence were omitted;

(c)in Section 4, in the fourth and fifth paragraphs, for “covered by Directive 91/689/EEC” there were substituted “ classified as hazardous waste ”; and

F16(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F17(17) Annex 3 is to be read as if––

(a)in Section 2, in the second paragraph, in the table, in the first column, for the words “14.00 h CET” in both places it occurs there were substituted “1 p.m.”;

(b)in Section 3, in the fourth paragraph, in the table, in table note 7, the words from “, and will report” to the end were omitted.]

(18) In sub-paragraph (2)(d) “local authority” in Northern Ireland means a district council within the meaning of section 1 of the Local Government Act (Northern Ireland) 1972 M53.

Textual Amendments

F1Words in Regulations substituted (31.12.2020 immediately before IP completion day) by The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 3(2)

F12Word in Sch. 3 para. 9(6)(c)(ii) substituted for full stop (31.12.2020 immediately before IP completion day) by virtue of The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 3(5)(f)(iv)(aa)

Commencement Information

I9Sch. 3 para. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M43S.R. 2013 No. 160 as relevantly amended by S.R. No. 304, S.R. 2015 No. 14, S.I. 2015/1973, S.R. 2015 No. 325, S.R. 2016 No. 95, S.R. 2016 No. 309 and S.R. 2018 No. 33

M44S.R. 1995 No. 380 as amended by S.R. 2003 No. 46, S.R. 2004 No. 435, S.R. 2007 No. 345, S.R. 2009 No. 8, S.R. 2011 No. 216, S.R. 2012 No. 368 and S.R. 2015 No. 182

M46OJ L 257, 10.10.1996, p. 26

M47OJ L 377, 31.12.1991, p. 20

M48OJ L 175, 5.7.1985, p. 40-48

M49OJ L 158, 23.6.1990, p. 56

M51OJ L 190, 12.7.2006, p. 1

Modification of the Medium Combustion Plant DirectiveN.I.

10.—(1) For the purposes of these Regulations [F18and the legislation specified in regulation 5], the Medium Combustion Plant Directive is to be read in accordance with this paragraph.

(2) When interpreting the Medium Combustion Plant Directive for the purposes of these Regulations—

(a)except where defined in this paragraph, an expression used in the Directive that is defined in these Regulations has the meaning given in these Regulations;

(b)permit” has the same meaning as in the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;

(c)the competent authority is the Department;

(d)general binding rule” means a standard rule published by the Department; and

(e)a reference to Directive 2010/75/EU is to be read as if it were a reference to the Industrial Emissions Directive.

(3) Article 2 is to be read as if—

(a)in paragraph 3(b), for “Directive 97/68/EC of the European Parliament and of the Council M54” there were substituted “ Regulation (EU) 2016/1628 of the European Parliament and of the Council on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery M55; and

(b)in paragraph 4, the second sentence were omitted.

(4) Article 3 is to be read as if—

(a)for point (1) there were substituted—

(1) ‘emission’ has the meaning given in regulation 2(1) of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;;

(b)for point (5) there were substituted—

(5) ‘combustion plant’ has the meaning given in regulation 2(1) of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;;

(c)for point (17) there were substituted—

(17) ‘waste’ has the meaning given in regulation 1(3) of the Waste Management Licensing Regulations (Northern Ireland) 2003;.

(5) Article 5 is to be read as if—

(a)in paragraphs 1 and 2, for “Member States” there were substituted “ The Department ”; and

(b)in paragraph 6, for “Member States” there were substituted “ the Department ”.

(6) Article 6 is to be read as if—

(a)in paragraph 1—

(i)in the first subparagraph, the words from “Without” to “applicable,” were omitted; and

(ii)the second subparagraph were omitted;

(b)in paragraphs 3 and 8 for “Member States” each time it occurs there were substituted “ The Department ”; and

(c)in paragraphs 11 and 12 the second subparagraphs were omitted.

(7) Article 7 is to be read as if—

(a)in paragraph 1, for “Member States” there were substituted “ The Department ”;

(b)in paragraph 5(c), for “Article 6(8)” there were substituted “paragraph 8(1) of Schedule 9A to the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013; and

(c)in paragraph 7—

(i)for “Member States” there were substituted “ The Department ”; and

(ii)in the first sentence, for “Article 8” there were substituted “ Article 8(2) and (3) ”.

(8) Article 8 is to be read as if—

(a)in paragraphs 1 and 2, for “Member States” there were substituted “ The Department ”; and

(b)in paragraph 3, in the first subparagraph, for “Member States” there were substituted “ the Department ”.

(9) Article 9 is to be read as if in the first paragraph, for “Member States” there were substituted “ The Department ”.

(10) Annex I is to be read as if, in point 7, for “Article 6(8)” there were substituted “paragraph 8(1) of Schedule 9A to the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013.

(11) In Annex III—

(a)Part 1 is to be read as if—

(i)in point 2, for “Article 6(8)” in each place it occurs there were substituted “paragraph 8(1) of Schedule 9A to the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013; and

(ii)in point 6, for “Member States” there were substituted “ the Department ”.

(b)in Part 2, in point 3, for “Article 6(11) and Article 6(12)” there were substituted “ paragraph 11(2) and (4) of Schedule 9A to the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013 ”.

Textual Amendments

Commencement Information

I10Sch. 3 para. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M54OJ L 59, 27.2.98, p. 1-86

M55OJ L 252, 16.9.2016, p. 53-117

Modification of the Waste Framework DirectiveN.I.

11.—(1) For the purposes of these Regulations, the Waste Framework Directive is to be read in accordance with this paragraph.

[F19(2) When interpreting the Waste Framework Directive for the purposes of these Regulations and the legislation specified in regulation 5—

(a)a “permit” or exemption from waste management licensing means a waste management licence under Article 6 of the Waste and Contaminated Land (Northern Ireland) Order 1997, a licence or exemption from waste management licensing under the Waste Management Licensing Regulations (Northern Ireland) 2003, a resolution or a licence under Part II of the Food and Environment Protection Act 1985, a licence under Part 4 of the Marine and Coastal Access Act 2009, a consent under Schedule 1 to the Water (Northern Ireland) Order 1999 or a permit under Part 2 of the Pollution, Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;

(b)a reference to one or more Member States in a provision imposing an obligation or conferring 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 Northern Ireland’s compliance with that obligation or able to exercise that discretion so far as it related to Northern Ireland;

(c)the appropriate authority is the Northern Ireland department which, immediately before IP completion day, was responsible for compliance with that obligation or exercise of that discretion in Northern Ireland; and

(d)“local authority” in Northern Ireland means a district council within the meaning of section 1 of the Local Government Act (Northern Ireland) 1972.]

(3) Article 2 is to be read as if—

(a)in paragraph 2—

(i)in the words before point (a), for “other Community legislation” there were substituted “ retained EU law ”; and

(ii)in point (d), for the words from “Directive 2006/21/EC M56” to the end there were substituted “ the Mining Waste Directive ”;

(b)in paragraph 3, the words from “Without prejudice” to “Community legislation,” were omitted.

(4) Article 3(20) is to be read as if for “Article 2(11) of Directive 96/61/EC M57” there were substituted “ Article 3(10) of the Industrial Emissions Directive ”.

(5) Article 4(2) is to be read as if the second subparagraph were omitted.

[F20(6) Article 5 is to be read as if––

(a)in paragraph 1, the words “Member States shall take appropriate measures to ensure that” were omitted;

(b)after paragraph 1 there were inserted—

1A.  Any decision as to whether a substance or object is a by-product must be made—

(a)in accordance with any regulations setting out detailed criteria on the application of the conditions in paragraph 1 to specific substances or objects; and

(b)having regard to any guidance published by the appropriate authority for the purposes of this Article.;

(c)paragraphs 2 and 3 were omitted.

(7) Article 6 is to be read as if—

(a)in paragraph 1, the words “Member States shall take appropriate measures to ensure that” were omitted;

(b)after paragraph 1 there were inserted—

1A.  Any decision as to whether a substance or object has ceased to be waste must be made—

(a)in accordance with any regulations or retained direct EU legislation setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; and

(b)having regard to any guidance published by the appropriate authority for the purposes of this Article.;

(c)in paragraph 2—

(i)the first sub-paragraph were omitted;

(ii)in the second sub-paragraph, for the words “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;

(iii)the third and fourth sub-paragraphs were omitted;

(d)paragraph 3 were omitted;

(e)in paragraph 4––

(i)in the first sub-paragraph––

(aa)in the first sentence, for the words from the beginning to “Member State”, there were substituted “Where criteria have not been set out as referred to in paragraph 1A(a), the appropriate authority”;

(bb)the second sentence were omitted;

(ii)in the second sub-paragraph––

(aa)for “Member States” there were substituted “The appropriate authority”;

(bb)“by competent authorities” were omitted.]

[F21(8) Article 7 is to be read as if––

(a)before paragraph 1 there were inserted—

A1.  In this Article, the “list of waste” means the list contained in the Annex to Commission Decision 2000/532/EC, as that list applies in Northern Ireland.;

(b)in paragraph 1—

(i)the first and second sentences were omitted;

(ii)for the third sentence there were substituted “The list of waste shall, except as provided in Commission Decision 2000/532/EC, be binding as regards determination of the waste which is to be considered as hazardous waste or as non-hazardous waste.”;

(c)paragraphs 2, 3, 6 and 7 were omitted.]

(9) Article 11(5) were omitted.

[F22(10) Article 16 is to be read as if—

(a)for paragraph 1 there were substituted—

1.  The United Kingdom shall take appropriate measures to establish an integrated and adequate network of waste disposal installations and of installations for the recovery of mixed municipal waste collected from private households, including where such collections also covers such waste from other producers.;

(b)in paragraph 2—

(i)for “Community as a whole to become” there were substituted “United Kingdom as a whole to move towards the aim of becoming”; and

(ii)the words “and to enable Member States to move towards that aim individually,” were omitted.]

(11) In Article 19—

(a)paragraph 1 is to be read as if, for “a Member State” there were substituted “ the United Kingdom ”; and

(b)paragraph 2 is to be read as if, for “a Member State” there were substituted “ the United Kingdom ”.

[F23(11A) Article 35(1) is to be read as if, for the second paragraph, there were substituted—

They shall make that data available to the appropriate authority through any electronic registry established for the reporting of such data or, if no such registry is in operation, in such form and manner as the appropriate authority may specify.]

(12) Annex III is to be read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted.

[F24(13) Annex 4a is to be read as if, in point 6, “including through Union funds” were omitted.]

Textual Amendments

Commencement Information

I11Sch. 3 para. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M56OJ L 102, 11.4.2006 p. 15-34

M57OJ L 257, 10.10.1996 p. 26-40

Modification of the WEEE DirectiveN.I.

12.—(1) For the purposes of these Regulations [F25and the legislation specified in regulation 5], the WEEE Directive is to be read in accordance with this paragraph.

(2) Any reference to one or more Member States in a provision imposing an obligation or conferring a discretion on a Member State or Member States is to be read as a reference to the appropriate authority, appropriate agency or local authority which, immediately before [F1IP completion day], was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion so far as it related to Northern Ireland.

(3) Article 2 is to be read as if—

(a)paragraph 2 were omitted;

(b)in paragraph 3(a), for “Member States” there was substituted “ the United Kingdom ”; and

(c)paragraph 5 were omitted.

(4) Article 3 is to be read as if—

(a)in paragraph 1—

(i)after point (a) there were inserted—

(aa)‘waste’ means waste within the meaning of Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive;

(ab)‘hazardous waste’ has the meaning given by regulation 2(1) of the Hazardous Waste Regulations (Northern Ireland) 2005;;

(ii)in point (e), “within the meaning of Article 3(1) of Directive 2008/98/EC” were omitted;

(iii)in point (f)—

(aa)in the words before point (i), for the words from “distance communication” to the end, there were substituted “ by means of distance communication ”;

(bb)points (i) and (ii) are to be read as if for “a Member State” and for “the territory of that Member State” there were substituted “ the United Kingdom ”;

(cc)for point (iii) there were substituted—

(iii)is established in the United Kingdom and places on the market, on a professional basis, EEE from another country;;

(dd)the first subparagraph of point (iv) is to be read as if for “a Member State” there were substituted “ the United Kingdom ”;

(ee)the first subparagraph of point (iv) is to be read as if for “Member State or in a third” were omitted;

(iv)in point (j), for “a Member State” there was substituted “ the United Kingdom ”;

(v)in point (k), for “territory of a Member State” there was substituted “ United Kingdom ”;

(vi)for points (m) to (o) there were substituted—

(m)‘medical device’ means a medical device within the meaning of regulation 2(1) of the Medical Devices Regulations 2002 M58 which is EEE;

(n)‘in vitro diagnostic medical device’ means an in vitro diagnostic medical device within the meaning of regulation 2(1) of the Medical Devices Regulations 2002 which is EEE;

(o)‘active implantable medical device’ means an active implantable medical device within the meaning of regulation 2(1) of the Medical Devices Regulations 2002 which is EEE.;

(b)after paragraph 1 there were inserted—

1A.  In paragraph 1(f), “means of distance communication” has the meaning given by regulation 3(1) of the Consumer Protection (Distance Selling) Regulations 2000 M59.;

(c)in paragraph 2—

(i)“ ‘hazardous waste’,” were omitted; and

(ii)for “Directive 2008/98/EC” there were substituted “ the Waste Framework Directive ”.

(5) Article 8(5) is to be read as if the second, third, fourth and fifth subparagraphs were omitted.

(6) Article 9 is to be read as if—

(a)in paragraph 3, the following were omitted—

(i)“or the registration referred to in paragraphs 1 and 2”; and

(ii)the words from “and for the” to the end;

(7) Annex 7 is to be read as if, in paragraph 1—

(a)in the first subparagraph—

(i)in the first indent, for the words from “Council Directive 96/59/EC M60” to the end there were substituted “ the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) Regulations (Northern Ireland) 2000 M61;

(ii)in the thirteenth indent, for the words from “Commission Directive 97/69/EC M62” to the end 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 M63; and

(iii)in the fourteenth indent, for the words from “Article 3” to the end there were substituted “ Annex 7 to the Basic Safety Standards Directive ”;

(b)in the second subparagraph, for “Directive 2008/98/EC” there were substituted “ the Waste Framework Directive ”.

(8) Annex 8 is to be read as if, in paragraph 1, in the words before the first indent, the words from “(without prejudice” to “landfill of waste)” were omitted.

(9) In sub-paragraph (2), “local authority” in Northern Ireland means a district council within the meaning of section 1 of the Local Government Act (Northern Ireland) 1972.

(10) In sub-paragraph (4)(a)(iii)(aa), “by means of distance communication” has the meaning given by regulation 3(1) of the Consumer Protection (Distance Selling) Regulations 2000.”

Textual Amendments

F1Words in Regulations substituted (31.12.2020 immediately before IP completion day) by The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 3(2)

Commencement Information

I12Sch. 3 para. 12 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M59S.I. 2000/2334, to which there are amendments not relevant to these Regulations.

M60OJ L 243, 24.9.1996, p. 31-35

M61S.R. 2000 No. 232 as relevantly amended by S.R. 2011 No. 127

M62OJ L 343, 13.12.1997, p. 19-24

M63OJ L 353, 31.12.2008, p. 1-1355

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