The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019

Commission Decision 2011/753/EU establishing rules and calculation methods for verifying compliance with the targets set in Article 11(2) of Directive 2008/98/EC of the European Parliament and of the Council

21.—(1) Commission Decision 2011/753/EU establishing rules and calculation methods for verifying compliance with the targets set in Article 11(2) of Directive 2008/98/EC of the European Parliament and of the Council is amended as follows.

(2) In Article 1, after point (6) insert—

“(7) ‘appropriate authority” means—

(i) in relation to England, the Secretary of State;

(ii) in relation to Wales, the Welsh Ministers;

(iii) in relation to Scotland, the Scottish Ministers;

(iv) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.”.

(3) After Article 1 insert—

“Article 1A Modification of Directive 2008/98/EC of the European Parliament and of the Council

1.   In this Decision, “Directive 2008/98/EC” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Council Regulation (EU) 2017/997, and read in accordance with paragraphs 2 to 9.

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 appropriate authority, appropriate agency or local authority which, immediately before exit day, was responsible for the United Kingdom’s compliance with that obligation or able to exercise that discretion.

3.   Article 5 is to be read as if paragraph 2 were omitted.

4.   Article 6 is to be read as if—

(a) paragraphs 1 to 3 were omitted;

(b) in paragraph 4—

(i) in the first sentence, for the words from “Where criteria” to “paragraphs 1 and 2” there were substituted “Except where Council Regulation (EU) No 333/2011, Commission Regulation (EU) No 1179/2012 or Commission Regulation (EU) No 715/2013 applies”;

(ii) the second sentence were omitted.

5.   Article 7 is to be read as if—

(a) in paragraph 1—

(i) the first and second sentences were omitted;

(ii) in the third sentence, for “shall be binding” there were substituted “shall, subject to paragraph 1A, be binding”;

(b) after paragraph 1, there were inserted—

“1A.   Paragraph 1 is subject to—

(a) a determination by the Secretary of State under regulation 8(1) of the Hazardous Waste (England and Wales) Regulations 2005, or by the Welsh Ministers under regulation 8(1) of the Hazardous Waste (Wales) Regulations 2005, or by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland under regulation 9(1) of the Hazardous Waste Regulations (Northern Ireland) 2005, that a specific batch of waste is to be treated as hazardous waste;

(b) a decision made by the Secretary of State under regulation 9(1) of the Hazardous Waste (England and Wales) Regulations 2005, or by the Welsh Ministers under regulation 9(1) of the Hazardous Waste (Wales) Regulations 2005, or by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland under regulation 10(1) of the Hazardous Waste Regulations (Northern Ireland) 2005, that a specific batch of waste is to be treated as non-hazardous waste;

(c) the treating of a specific batch of waste as hazardous or, as the case may be, non-hazardous, in accordance with regulation 8(2) or 9(2) of the Hazardous Waste (England and Wales) Regulations 2005, regulation 8(2) or 9(2) of the Hazardous Waste (Wales) Regulations 2005 or regulation 9(2) or 10(2) of the Hazardous Waste Regulations (Northern Ireland) 2005;

(d) regulations (if any) made by the Secretary of State under section 62A(1) of the Environmental Protection Act 1990 or by the Welsh Ministers under section 62A(2) of that Act (lists of waste displaying hazardous properties);

(e) a determination by the Scottish Ministers that a specific batch or type of waste—

(i) is to be treated as hazardous waste because the Scottish Ministers consider that the waste displays one or more of the hazardous properties listed in Annex 3;

(ii) is to be treated as non-hazardous waste because the Scottish Ministers consider that the waste displays none of the hazardous properties listed in Annex 3.”;

(c) paragraphs 2, 3 and 5 were omitted;

(d) after paragraph 6 there were inserted—

“6A.   In this Article, the “list of waste” means the list established by Commission Decision 2000/532/EC.”;

(e) paragraph 7 were omitted.

6.   Article 11(2) is to be read as if, in the words before point (a), for “European” there were substituted “United Kingdom”.

7.   Annex 3 is to be read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted.

8.   In paragraph 2—

(a) “appropriate agency” means—

(i) in relation to England, the Environment Agency;

(ii) in relation to Wales, the Natural Resource Body for Wales;

(iii) in relation to Scotland, the Scottish Environment Protection Agency;

(iv) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

(b) “local authority” means—

(i) in England outside Greater London—

• a district council,

• a county council, or

• the Council of the Isles of Scilly;

(ii) in Greater London—

• the council of a London borough,

• the Common Council of the City of London,

• the Sub-Treasurer of the Inner Temple, or

• the Under-Treasurer of the Middle Temple;

(iii) in Wales—

• a county council, or

• a county borough council;

(iv) in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

(v) in Northern Ireland, a district council established under section 1 of the Local Government Act (Northern Ireland) 1972.”.

(4) In Article 2—

(a) in point (1), for “Member States” substitute “The appropriate authority”;

(b) omit point (4);

(c) in point (5), omit “out of the Union”.

(5) In Article 3—

(a) in paragraph 1, in the words before point (a) for “Member States” substitute “the appropriate authority”;

(b) in paragraph 2, for “Member State” substitute “appropriate authority”;

(c) in paragraph 3—

(i) for “Member States” substitute “The appropriate authority”;

(ii) for “Member State” substitute “appropriate authority”;

(d) in paragraph 4, for “Member States’ implementation reports on” substitute “The progress report under Article 5 in respect of”;

(e) omit paragraphs 5 and 6.

(6) In Article 4—

(a) in paragraph 1, for “Member States” substitute “the appropriate authority”;

(b) in paragraph 2, for “Member States’ implementation reports on” substitute “The progress report under Article 5 in respect of”.

(7) In Article 5—

(a) for the heading substitute “Progress report for England”;

(b) for paragraph 1 substitute—

“1.   The Secretary of State must publish a report (“the progress report”) on whether the targets set in Article 11(2) of Directive 2008/98/EC have been met in respect of England.

1A.   The progress report must be published on or before 1st January 2022 in a manner which the Secretary of State considers appropriate.”;

(c) in paragraph 2—

(i) for the words from “Member States” to “reports” substitute “The progress report must include data”;

(ii) for the words from “either each year” to the end substitute “2019 and 2020”;

(d) in paragraph 3, for “implementation report covering the year 2020, Member States” substitute “progress report for 2020, the Secretary of State”;

(e) omit paragraph 4.

(8) Omit Article 6.

(9) In Annex 1, the third column of the table is amended in accordance with paragraphs (10) to (14).

(10) In the column heading, for “Member State implementation reports” substitute “the progress report”.

(11) In the first entry—

(a) for “Member States” in both places it occurs substitute “The Secretary of State”;

(b) in the third sentence, omit the words from “and how” to the end.

(12) In the second entry—

(a) in the first paragraph—

(i) for “Member States” in both places it occurs substitute “The Secretary of State”;

(ii) in the fourth sentence—

(aa) for “a Member State” substitute “the Secretary of State”;

(bb) for “it” substitute “the Secretary of State”;

(b) omit the second paragraph.

(13) In the third entry—

(a) in the first paragraph—

(i) in the first sentence, for “Member States” substitute “The Secretary of State”;

(ii) in the second sentence, for “They” substitute “The Secretary of State”;

(b) omit the second and third paragraphs.

(14) Omit the fourth entry.

(15) In Annex 3, the second column of the table is amended in accordance with paragraphs (16) and (17).

(16) In the column heading, for “Member State implementation reports” substitute “the progress report”.

(17) In the first entry—

(a) in point (1), in the second paragraph, for “Member States” substitute “The Secretary of State”;

(b) omit point (2);

(c) in point (3)—

(i) in the first sentence, for “Member States” substitute “The Secretary of State”;

(ii) in the second sentence—

(aa) for “they” substitute “The Secretary of State”;

(bb) omit the words from “and how” to the end;

(iii) omit the third sentence.