The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 No.

PART 5Amendments to retained direct EU legislation

Amendments to EU Waste Shipments Regulation

45. Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste is amended in accordance with regulations 46 to 109.

Amendments to Article 1

46.—(1) Article 1 is amended as follows.

(2) For paragraph 2 substitute—

“2. This Regulation shall apply to shipments of waste—

(a)exported from the United Kingdom to a third country, with or without transit through another third country (see Titles 2 and 4, read together);

(b)imported into the United Kingdom from a third country, with or without transit through another third country (see Titles 2 and 5, read together);

(c)from one third country to another with transit through the United Kingdom (see Titles 2 and 6, read together);

(d)from one place in the United Kingdom to another with transit through a third country (see Articles 31 and 32).”.

(3) In paragraph 3—

(a)in point (e)—

(i)for the words from “the waste” to “Directive 2006/12/EC” substitute “decommissioned explosives, waste waters or mining waste (see paragraph 6)”;

(ii)for “Community legislation” substitute “retained EU law”;

(b)in point (f), for “Community” substitute “United Kingdom”;

(c)in point (g)—

(i)in the first sentence omit “into the Community”;

(ii)for the second sentence substitute—

“In such cases, the competent authority of destination and the competent authority of transit in the United Kingdom shall be informed in advance concerning the shipment and its destination;”;

(d)in point (h), for the words from “Directive” to the end substitute—

“—

(i)Directive 2009/31/EC(1) as amended from time to time; or

(ii)Chapter 3 of Part 1 of the Energy Act 2008(2) and any other legislation which, immediately before exit day, implemented Directive 2009/31/EC;”;

(e)in point (i), for the words from “flying” to “under” substitute “falling within”.

(4) In paragraph 4, for “Community”, in both places it occurs, substitute “United Kingdom”.

(5) Omit paragraph 5.

(6) At the end insert—

“6. In paragraph 3(e), ‘decommissioned explosives, waste waters or mining waste’ means the waste referred to in paragraph 1(e) or 2(a) or (d) of Article 2 of Directive 2008/98/EC(3).”.

Amendments to Article 2

47.—(1) Article 2 is amended as follows.

(2) In point 1, for the words from “Article” to the end substitute “Article 3(1) of Directive 2008/98/EC”.

(3) In point 2, for the words from “Article 1(4)” to the end substitute “Articles 3(2) and 7 of Directive 2008/98/EC”.

(4) In point 4, for “in Article 1(1)(e) of Directive 2006/12/EC” substitute “by Article 3(19) of Directive 2008/98/EC”.

(5) In point 5, for “Annex IIA to Directive to 2006/12/EC” substitute “Annex 1 to Directive 2008/98/EC”.

(6) In point 6, for “in Article 1(1)(f) of Directive 2006/12/EC” substitute “by Article 3(15) of Directive 2008/98/EC”.

(7) In point 7, for “Annex IIB to Directive 2006/12/EC” substitute “Annex 2 to Directive 2008/98/EC”.

(8) In point 7a, omit “of the European Parliament and of the Council”.

(9) In point 9, for “Article 1(1)(b) of Directive 2006/12/EC” substitute “Article 3(5) of Directive 2008/98/EC”.

(10) In point 10, for “Article 1(1)(c) of Directive 2006/12/EC” substitute “Article 3(6) of Directive 2008/98/EC”.

(11) In point 11, for “Article 1(1)(g) of Directive 2006/12/EC” substitute “Article 3(10) of Directive 2008/98/EC”.

(12) In point 12, for “Article 12 of Directive 2006/12/EC” substitute “Article 3(7) of Directive 2008/98/EC”.

(13) In point 13, for “Article 12 of Directive 2006/12/EC” substitute “Article 3(8) of Directive 2008/98/EC”.

(14) In point 15—

(a)in point (a), in the words before point (i)—

(i)for “a Member State” substitute “the United Kingdom”;

(ii)for “that Member State” substitute “the United Kingdom”;

(b)in point (b), in the words before point (i), for the words from the beginning to “a Member State” substitute “in the case of import of waste into, or transit of waste through, the United Kingdom”.

(15) Omit points 18 to 21.

(16) For point 26 substitute—

“26. ‘overseas countries and territories’ means—

(a)Anguilla,

(b)Bermuda,

(c)British Antarctic Territory,

(d)British Indian Ocean Territory,

(e)Cayman Islands,

(f)Falkland Islands,

(g)Gibraltar,

(h)Montserrat,

(i)Pitcairn, Henderson, Ducie and Oeno Islands,

(j)St Helena, Ascension and Tristan da Cunha,

(k)South Georgia and the South Sandwich Islands,

(l)The Sovereign Base Areas of Akrotiri and Dhekelia,

(m)Turks and Caicos Islands,

(n)British Virgin Islands, and

(o)any overseas country or territory not mentioned above which is listed in Annex 2 to the Treaty on the Functioning of the European Union.”.

(17) In point 29, after “customs territory of the Community” insert “or into the territory of the EFTA countries”.

(18) In point 30, for “Community”, in both places it occurs, substitute “United Kingdom”.

(19) In point 31, for “Community”, in both places it occurs, substitute “United Kingdom”.

(20) In point 35(e), for “Community” substitute “retained EU law”.

New Articles 2A to 2C

48. After Article 2 insert—

“Article 2AMeaning of “Directive 2008/98/EC”

1. In this Regulation, “Directive 2008/98/EC(4)” means (except in the expression “Directive 2008/98/EC as amended from time to time”) Directive 2008/98/EC as amended by—

(a)Commission Regulation (EU) No 1357/2014(5);

(b)Commission Directive (EU) 2015/1127(6); and

(c)Council Regulation (EU) 2017/997(7),

and read in accordance with paragraphs 2 to 6.

2. Article 2 of Directive 2008/98/EC 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”;

(ii)for point (d), in relation to Scotland, there were substituted—

“(d)extractive waste, which has the same meaning as in regulation 2(1) of the Management of Extractive Waste (Scotland) Regulations 2010(8).”;

(iii)for point (d), in relation to Northern Ireland, there were substituted—

“(d)extractive waste, which has the same meaning as in regulation 2(2) of the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015(9).”;

(b)after paragraph 2 there were inserted—

“2A. In paragraph 2(d), as it relates to England and Wales, “Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries(10)” means Directive 2006/21/EC read as if—

(a)in Article 2 of Directive 2006/21/EC—

(i)in paragraph 2(c), “Article 11(3)(j) of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy(11)” had the meaning given in paragraph 2B;

(ii)paragraphs 3 and 4 were omitted;

(b)in Article 3(1) of Directive 2006/21/EC, for “Article 1(a) of Directive 75/442/EC” there were substituted “Article 3(1) of Directive 2008/98/EC”.

2B. For the purposes of paragraph 2A(a)(i), “Article 11(3)(j) of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy” means Article 11(3)(j) of Directive 2000/60/EC read as if—

(a)the reference to “Member States” were a reference to—

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

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

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

(iv)in relation to Wales, the Welsh Ministers or the Natural Resources Body for Wales;

(b)in the words after the final indent, “environmental objectives”—

(i)in relation to the Northumbria River Basin District, means the objectives referred to in the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017)(12) as applied by regulation 5 of the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003 (S.I. 2003/3245)(13);

(ii)in relation to the Solway Tweed River Basin District, has the same meaning as in regulation 2 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004(14);

(iii)in relation to a river basin district within the meaning of the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017, has the same meaning as in those regulations.”.

3. Article 5 of Directive 2008/98/EC is to be read as if paragraph 2 were omitted.

4. Article 6 of Directive 2008/98/EC 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 the beginning to “Member States” 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, the competent authority of destination and dispatch determined in accordance with regulation 6 of the Transfrontier Shipment of Waste Regulations 2007”;

(ii)the second sentence were omitted.

5. Article 7 of Directive 2008/98/EC 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(15), or by the Welsh Ministers under regulation 8(1) of the Hazardous Waste (Wales) Regulations 2005(16), or by the Department of Agriculture, Environment and Rural Affairs under regulation 9(1) of the Hazardous Waste Regulations (Northern Ireland) 2005(17), 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 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 regulations 8(2) or 9(2) of the Hazardous Waste (England and Wales) Regulations 2005, regulations 8(2) or 9(2) of the Hazardous Waste (Wales) Regulations 2005 or regulations 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(18) 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. Annex 3 to Directive 2008/98/EC is to be read as if—

(a)in the entry for HP 9, in the second sentence, “in the Member States” were omitted;

(b)in the entry for HP 15, in the sentence immediately after Table 9, for “Member States” there were substituted “the competent authority of destination and dispatch determined in accordance with regulation 6 of the Transfrontier Shipment of Waste Regulations 2007(19)”.

Article 2BReferences to EU country, non-EU country, EFTA country and third country

In this Regulation—

(a)a reference to an EU country is a reference to a country which is a member State on exit day;

(b)a reference to a non-EU country is a reference to a country other than the United Kingdom which is not a member State on exit day;

(c)a reference to an EFTA country is a reference to a non-EU country which is a party to the EEA agreement on exit day;

(d)a reference to a third country is a reference to a country other than the United Kingdom.

Article 2CReferences to competent authority

1. In this Regulation, a reference to the ‘competent authority’—

(a)in relation to the United Kingdom, is to be read in accordance with paragraphs 3 and 4;

(b)in relation to an EU country, is a reference to the body designated by that country in accordance with Article 53 of Regulation (EC) No. 1013/2006(20) as it has effect in EU law as amended from time to time; or

(c)in relation to a non-EU country that is a Party to the Basel Convention, is a reference to the body designated by that country as the competent authority in accordance with Article 5 of the Convention; or

(d)in relation to any country not referred to in points (a) to (c), is a reference to the body that has been designated as the competent authority by the country or region concerned or, in the absence of such designation, the regulatory authority for the country or region, as appropriate, which has jurisdiction over shipments of waste for recovery or disposal or transit (as the case may be).

2. In this Regulation—

(a)‘competent authority of dispatch’ means the competent authority for the area from which the shipment is planned to be initiated or is initiated;

(b)‘competent authority of destination’ means the competent authority for the area to which the shipment is planned or takes place, or in which waste is loaded prior to recovery or disposal in an area not under the national jurisdiction of any country;

(c)‘competent authority of transit’ means the competent authority for any country, other than that of the competent authority of dispatch or destination, through which the shipment is planned or takes place.

3. The competent authority of dispatch, or the competent authority of destination, in the United Kingdom is—

(a)where the area concerned is in England or the English area, the Environment Agency;

(b)where the area concerned is in Wales or the Welsh area, the Natural Resources Body for Wales;

(c)where the area concerned is in Scotland or the Scottish area, the Scottish Environment Protection Agency;

(d)where the area concerned is in Northern Ireland or the Northern Irish area, the Department of Agriculture, Environment and Rural Affairs,

and “English area”, “Welsh area”, “Scottish area” and “Northern Irish area” have the meanings given by regulation 4(1) of the Transfrontier Shipment of Waste Regulations 2007.

4. The competent authority of transit in the United Kingdom is the Environment Agency.”.

Amendment to Title 2 heading

49. In the Title 2 heading omit “WITHIN THE COMMUNITY”.

Amendment to Article 3

50. In Article 3(3), for “91/689/EEC” substitute “2008/98/EC(21)”.

Amendments to Article 6

51.—(1) Article 6 is amended as follows.

(2) In paragraph 4, in the second subparagraph—

(a)for “into the Community” substitute “from a country other than an EU country”;

(b)omit “in the Community”.

(3) In paragraph 7 omit “within the Community”.

(4) Omit paragraph 9.

Amendments to Article 11

52.—(1) Article 11 is amended as follows.

(2) In paragraph 1—

(a)in the words before point (a) omit “and in accordance with the Treaty”;

(b)in point (a), for the words from “the principles” to “Directive 2006/12/EC” substitute “Article 4(2)(b) and (d) and (9)(a) of the Basel Convention”;

(c)in point (e), for “Member State” substitute “country of destination”;

(d)in point (f), for the words from “Member State(s)” to the end substitute “objecting country”;

(e)for points (g) and (h) substitute—

“(g)that the planned shipment or disposal is not, while taking into account geographical circumstances or the need for specialised installations for certain types of waste, in accordance with—

(i)the UK Plan within the meaning given by regulation 11A of the Transfrontier Shipment of Waste Regulations 2007; or

(ii)a plan established under Article 28 of Directive 2008/98/EC as amended from time to time;

(h)that the waste will be treated—

(i)in a relevant facility in the United Kingdom which does not apply best available techniques within the meaning given by Article 3(10) of Directive 2010/75/EU(22) in compliance with the permit of the facility; or

(ii)in an installation within the meaning given by Article 3(3) of Directive 2010/75/EU as amended from time to time in an EU country which does not apply the best available techniques within the meaning given by Article 3(10) of that Directive in compliance with the permit of the installation;”;

(f)in point (j), omit “Community”.

(3) After paragraph 1 insert—

“1A. In paragraph (1)(h), “relevant facility” means—

(a)in relation to England and Wales, a “Part A installation” within the meaning of regulation 2(1) of the Environmental Permitting (England and Wales) Regulations 2016(23);

(b)in relation to Northern Ireland, an “installation” or “mobile plant” within the meaning of regulation 2(1) of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013(24);

(c)in relation to Scotland, an “installation” or “mobile plant” within the meaning of regulation 2(1) of the Pollution Prevention and Control (Scotland) Regulations 2012(25).”.

(4) In paragraph 3—

(a)in the first subparagraph—

(i)for “a Member State” substitute “the country”;

(ii)for “Member State”, in the second place it occurs, substitute “country”;

(b)omit the third subparagraph.

(5) Omit paragraph 6.

Amendments to Article 12

53.—(1) Article 12 is amended as follows.

(2) In paragraph 1—

(a)in the words before point (a) omit “and in accordance with the Treaty”;

(b)omit point (a);

(c)in point (c)—

(i)in the first subparagraph omit the words from “, respecting the need” to “internal market”;

(ii)omit point (i);

(iii)omit point (iii);

(d)in point (f), for the words from “Member State(s)” to the end substitute “objecting country”;

(e)for point (i) substitute—

“(i)that the waste will be treated—

(i)in a relevant facility in the United Kingdom which does not apply best available techniques within the meaning given by Article 3(10) of Directive 2010/75/EU in compliance with the permit of the facility; or

(f)in point (j), omit “Community”.

(g)for point (k) substitute—

“(k)that the waste concerned will not be treated in accordance with a plan established under the relevant regulations or Article 28 of Directive 2008/98/EC as amended from time to time.”.

(3) After paragraph 1 insert—

“1A. In paragraph 1—

“relevant facility” has the meaning given by Article 11(1A);

“relevant regulations” means—

(a)

in relation to England and Wales, the Waste (England and Wales) Regulations 2011(26);

(b)

in relation to Northern Ireland, the Waste Regulations (Northern Ireland) 2011(27);

(c)

in relation to Scotland, the National Waste Management Plan for Scotland Regulations 2007(28).”.

(4) In paragraph 5—

(a)omit “raised by competent authorities”;

(b)for the words from “Member States” to the end substitute “the competent authority to the Secretary of State”.

(5) Omit paragraphs 5 and 6.

Amendment to Article 14

54. In Article 14(3), for the words from “inform the” to “appropriate” substitute “, where appropriate, inform”.

Amendment to Article 15

55. In Article 15(f), in point (i) omit “in another Member State”.

Amendments to Article 18

56.—(1) Article 18 is amended as follows.

(2) In paragraph 3, for “Member States” substitute “the competent authority in the United Kingdom”.

(3) In paragraph 4 omit “by Community and”.

Amendments to Article 20

57.—(1) Article 20 is amended as follows.

(2) In paragraph 1 omit “in the Community”.

(3) In paragraph 2 omit “in the Community”.

Amendments to Article 21

58. In Article 21—

(a)for “The competent authorities” substitute “A competent authority”;

(b)for “they have” substitute “it has”;

(c)omit “Community and”.

Amendment to Article 22

59. In Article 22(9) omit “within a Member State”.

Amendment to Article 23

60. In Article 23(2), omit “Community and”.

Amendments to Article 24

61.—(1) Article 24 is amended as follows.

(2) In paragraph 7 omit “within a Member State”.

(3) In paragraph 10, omit “Community and”.

Amendment to Article 25

62. In Article 25(5), omit “Community and”.

Amendment to Article 26

63. In Article 26(4), in the first subparagraph, for the words from “Directive” to “Council” substitute “Regulation (EU) No 910/2014”.

Amendment to Article 28

64. In Article 28(1), in the second sentence for “Community” substitute “retained EU”.

Omission of Article 30

65. Omit Article 30.

Amendment to Title 2, Chapter 6 heading

66. In Title 2, in the heading of Chapter 6 omit “within the Community”.

Amendment to Article 31

67. In Article 31, in the words before point (a), for “Community” substitute “United Kingdom”.

Amendments to Article 32

68.—(1) Article 32 is amended as follows.

(2) In paragraph 1—

(a)for “Community” substitute “United Kingdom”;

(b)for “third” substitute “non-EU”.

(3) In paragraph 2—

(a)for the words from “Community” to “Member State” substitute “United Kingdom,”;

(b)for “third” substitute “non-EU”.

Omission of Title 3

69. Omit Title 3.

Amendment to Title 4 heading

70. In the heading of Title 4 omit “FROM THE COMMUNITY”.

Amendments to Article 34

71.—(1) Article 34 is amended as follows.

(2) In the heading for the words from “prohibited” to the end substitute “prohibitions etc.”.

(3) In paragraph 1 for “Community” substitute “United Kingdom”.

(4) In paragraph 2, after “disposal in” insert “EU or”.

(5) After paragraph 4 insert—

“5. Where a person proposes to export waste destined for disposal in an EU or EFTA country, the Secretary of State shall be required to present a prior duly reasoned request to the competent authority of the EU or EFTA country of destination on the basis that technical capacity and the necessary facilities in order to dispose of the waste in an environmentally sound manner do not exist, or cannot reasonably be acquired, in the United Kingdom.”.

Amendments to Article 35

72.—(1) Article 35 is amended as follows.

(2) In the heading after “exporting to” insert “EU or”.

(3) In paragraph 1—

(a)for “Community” substitute “United Kingdom”;

(b)after “disposal in” insert “EU or”;

(c)omit “mutatis mutandis”.

(4) In paragraph 2—

(a)in the words before point (a), for “The” substitute “Where waste is exported with transit via one or more non-EU countries, the”;

(b)in point (a), for “Community” substitute “United Kingdom”;

(c)in point (b)—

(i)for “Community”, in the first place it occurs, substitute “United Kingdom”;

(ii)omit “outside the Community”.

(5) In paragraph 3—

(a)omit points (a) to (d);

(b)in point (e)—

(i)for “Community”, in the first place it occurs, substitute “United Kingdom”;

(ii)omit “in the Community”;

(c)in point (f), in the words before point (i), at the beginning insert “where waste is destined for disposal in an EFTA country Party to the Basel Convention,”.

(6) In paragraph 4(a) omit “outside the Community”.

(7) In paragraph 5, for “exported” substitute “destined for disposal in an EFTA country Party to the Basel Convention”.

(8) For paragraph 6 substitute—

“6. If a general customs official discovers an illegal shipment, the official shall without delay inform the relevant authority which shall—

(a)where the dispatch of the waste was not in the area of the relevant authority, without delay inform the competent authority of dispatch; and

(b)ensure detention of the waste until the competent authority of dispatch has decided otherwise and, where the discovery is not in the area of the competent authority of dispatch, has communicated that decision in writing to the relevant authority.

7. In paragraph 6—

“general customs official” means a general customs official designated under section 3(1) of the Borders, Citizenship and Immigration Act 2009(29);

“relevant authority” means—

(a)

where the discovery occurs in England or the English area, the Environment Agency;

(b)

where the discovery occurs in Wales or the Welsh area, the Natural Resources Body for Wales;

(c)

where the discovery occurs in Scotland or the Scottish area, the Scottish Environment Protection Agency;

(d)

where the discovery occurs in Northern Ireland or the Northern Irish area, the Department of Agriculture, Environment and Rural Affairs,

and “English area”, “Welsh area”, “Scottish area” and “Northern Irish area” have the meanings given by regulation 4(1) of the Transfrontier Shipment of Waste Regulations 2007.”.

Amendment to Chapter 2, Section 1 heading

73. In Chapter 2, in the heading of Section 1 after “Exports to” insert “non-EU,”.

Amendments to Article 36

74.—(1) Article 36 is amended as follows.

(2) In paragraph 1, in the words before point (a)—

(a)for “Community” substitute “United Kingdom”;

(b)for “countries” substitute “non-EU countries”.

(3) In paragraph 3—

(a)for the words from “Member States” to “provisions” substitute “A competent authority may, in an exceptional case, adopt a procedure”;

(b)for “91/689/EEC” substitute “2008/98/EC(30)”;

(c)omit the words from “of 3May 2000” to the end.

(4) In paragraph 4—

(a)for “91/689/EEC”, in the first place it occurs, substitute “2008/98/EC”;

(b)for the words “Article 1(4), second indent, of Directive 91/689/EEC” substitute “Articles 3(2) and 7 of Directive 2008/98/EC”.

(5) After paragraph 5 insert—

“6. For the purposes of this Article, Liechtenstein shall be deemed to be a country to which the OECD Decision applies.”.

Amendments to Article 37

75.—(1) Article 37 is amended as follows.

(2) In paragraph 1—

(a)in the first subparagraph, in the words before point (i)—

(i)for the words from “Commission” to “Regulation,” substitute “Secretary of State may”;

(ii)after “each” insert “non-EU”;

(b)in point (i), for “Community” substitute “United Kingdom”;

(c)in the second subparagraph, after “Each” insert “non-EU”.

(3) After paragraph 5 insert—

“6. For the purposes of this Article, Liechtenstein shall be deemed to be a country to which the OECD Decision applies.”.

Amendment to Chapter 2, Section 2 heading

76. In Chapter 2, in the heading of Section 2 after “to” insert “EU or”.

Amendments to Article 38

77.—(1) Article 38 is amended as follows.

(2) In paragraph 1—

(a)for “Community” substitute “United Kingdom”;

(b)for “countries”, in the first place it occurs, substitute “an EU country or country”;

(c)after “transit through” insert “one or more EU countries or”;

(d)omit “mutatis mutandis”.

(3) In paragraph 2—

(a)in the words before point (a), for “The” substitute “Except where waste is destined for recovery in an EU country, the”;

(b)in point (a) after “in a” insert “non-EU”;

(c)in point (c) omit “outside the Community”.

(4) In paragraph 3—

(a)omit points (a) to (c);

(b)in point (d), for “Community”, in both places it occurs, substitute “the United Kingdom”;

(c)in point (e), at the beginning insert “except where waste is destined for recovery in an EU country,”.

(5) In paragraph 4(a), for “authorities of destination and transit outside the Community” substitute “authority of destination in any non-EU country or tacit consent from the competent authority of transit in any country”.

(6) In paragraph 5—

(a)in the words before point (a), after “through a” insert “non-EU”;

(b)in point (a) omit “to which the OECD Decision does not apply”;

(c)in point (b)—

(i)omit “in the Community”;

(ii)omit “to which the OECD Decision does not apply”.

(7) In paragraph 6, for “Where waste is exported” substitute “Except where waste is destined for recovery in an EU country”.

(8) For paragraph 7 substitute—

“7. If a general customs official discovers an illegal shipment, the official shall without delay inform the relevant authority which shall—

(a)where the dispatch of the waste was not in the area of the relevant authority, without delay inform the competent authority of dispatch; and

8. In paragraph 7—

“general customs official” means a general customs official designated under section 3(1) of the Borders, Citizenship and Immigration Act 2009;

“relevant authority” has the meaning given in Article 35(7).

9. For the purposes of this Article, Liechtenstein shall be deemed to be a country to which the OECD Decision applies.”.

Amendment to Article 39

78. In Article 39, for “Community” substitute “United Kingdom”.

Amendment to Article 40

79.—(1) Article 40 is amended as follows.

(2) In paragraph 1, for “Community” substitute “United Kingdom”.

(3) In paragraph 2, omit “mutatis mutandis”.

Amendment to Title 5 heading

80. In the heading of Title 5 omit “INTO THE COMMUNITY”.

Amendments to Article 41

81.—(1) Article 41 is amended as follows.

(2) In paragraph 1—

(a)in the words before point (a), for “Community” substitute “United Kingdom”;

(b)in point (b)—

(i)for the words from “Community, or” to “have” substitute “United Kingdom has”;

(ii)for “Community legislation” substitute “retained EU law”;

(c)in point (c) for “individual Member States have” substitute “United Kingdom has”.

(3) In paragraph 2—

(a)in the first subparagraph—

(i)for “individual Member States” substitute “the Secretary of State”;

(ii)for “those Member States” substitute “the United Kingdom”;

(b)in the second subparagraph for “Community legislation” substitute “retained EU law”;

(c)in the fourth subparagraph for the words from “Member State” to the end substitute “United Kingdom”;

(d)omit the fifth subparagraph.

(4) In paragraph 4 omit “the Member State of”.

Amendments to Article 42

82.—(1) Article 42 is amended as follows.

(2) In paragraph 1—

(a)for “Community” substitute “United Kingdom”;

(b)omit “mutatis mutandis”;

(c)for “paragraphs 2 and 3” substitute “paragraph 2”.

(3) In paragraph 2(a), for “outside the Community” substitute “in any non-EU country”.

(4) Omit paragraph 3.

(5) For paragraph 5 substitute—

“5. If a general customs official discovers an illegal shipment, the official shall without delay inform the relevant authority which shall—

(a)where the discovery of the waste is not in the area of the competent authority of destination in the United Kingdom, without delay inform the competent authority of destination; and

(b)ensure detention of the waste until the competent authority of destination has decided otherwise and, where the discovery is not in the area of the relevant authority, has communicated that decision in writing to the relevant authority.

6. In paragraph 5—

“general customs official” means a general customs official designated under section 3(1) of the Borders, Citizenship and Immigration Act 2009;

“relevant authority” has the meaning given in Article 35(7).”.

Amendments to Article 43

83.—(1) Article 43 is amended as follows.

(2) In paragraph 1—

(a)in the words before point (a) for “Community” substitute “United Kingdom”;

(b)in point (c)—

(i)for the words from “Community,” to “have” substitute “United Kingdom has”;

(ii)for “Community legislation” substitute “retained EU law”;

(c)in point (d), for “individual Member States have” substitute “the United Kingdom has”.

(3) In paragraph 2—

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

(b)for “those Member States” substitute “the United Kingdom”.

Amendments to Article 44

84.—(1) Article 44 is amended as follows.

(2) In the heading, after “imports from an” insert “EU or”.

(3) In paragraph 1—

(a)for “Community” substitute “United Kingdom”;

(b)for “countries and through countries” substitute “or through an EU country or country”;

(c)omit “mutatis mutandis”;

(d)for “paragraphs 2 and 3” substitute “paragraph 2”.

(4) In paragraph 2—

(a)in point (a), for “outside the Community” substitute “in any non-EU country”;

(b)in point (b), at the beginning insert “where waste is imported from a non-EU country to which the OECD Decision applies, with or without transit via another country,”.

(5) Omit paragraph 3.

(6) In paragraph 4(a), for “outside the Community” substitute “in any non-EU country”.

(7) For paragraph 5 substitute—

“5. If a general customs official discovers an illegal shipment, the official shall without delay inform the relevant authority which shall—

(a)where the discovery of the waste is not in the area of the competent authority of destination in the United Kingdom, without delay inform the competent authority of destination; and

6. In paragraph 5—

“general customs official” means a general customs official designated under section 3(1) of the Borders, Citizenship and Immigration Act 2009;

“relevant authority” has the meaning given in Article 35(7).”.

Amendments to Article 45

85.—(1) Article 45 is amended as follows.

(2) In the heading, after “imports from a” insert “non-EU,”.

(3) In the words before point (a), for “Community” substitute “United Kingdom”.

(4) In point (a), after “from a” insert “non-EU”.

(5) In point (b), after “through any” insert “non-EU”.

Amendments to Article 46

86.—(1) Article 46 is amended as follows.

(2) In paragraph 1—

(a)for “Community” substitute “United Kingdom”;

(b)omit “mutatis mutandis”.

(3) In paragraph 2—

(a)for “and the Member State to which they are linked” substitute “listed in points (a) to (n) of Article 2(26) and the United Kingdom”;

(b)for “that Member State” substitute “the United Kingdom”.

(4) In paragraph 3, for the words from the beginning to “Commission” substitute “Where paragraph 2 applies, the Secretary of State shall notify the Secretariat of the Basel Convention”.

Amendment to Title 6 heading

87. In the heading of Title 6, for “COMMUNITY” substitute “UNITED KINGDOM”.

Amendments to Article 47

88.—(1) Article 47 is amended as follows.

(2) In the heading, for “Community” substitute “United Kingdom”.

(3) For “Member States” substitute “the United Kingdom”.

(4) Omit the words from “, with the adaptations” to the end.

Amendments to Article 48

89.—(1) Article 48 is amended as follows.

(2) In the heading, for “Community” substitute “United Kingdom”.

(3) In paragraph 1—

(a)for “Member States” substitute “the United Kingdom”;

(b)before “country” insert “non-EU”.

(4) In paragraph 2—

(a)for “Member States” substitute “the United Kingdom”;

(b)after “from and to” insert “an EU country or”;

(c)omit the words from “, with the adaptations” to the end.

(5) For paragraph 3 substitute—

“3. Where waste destined for recovery is shipped through the United Kingdom from a non-EU country to which the OECD Decision does not apply to an EU country or country to which the OECD Decision applies or vice versa, paragraph 1 shall apply as regards the non-EU country to which the OECD Decision does not apply and paragraph 2 shall apply as regards the EU country or country to which the OECD Decision applies.”.

Amendments to Article 49

90.—(1) Article 49 is amended as follows.

(2) In paragraph 1 omit the second sentence.

(3) In paragraph 2—

(a)in the first subparagraph—

(i)for the words before point (a) substitute—

“In the case of an export from the United Kingdom to a non-EU country, the competent authority of dispatch in the United Kingdom shall”;

(ii)in point (a) omit “third”;

(iii)in point (b) omit “to third countries”;

(b)in the second subparagraph, for “Community legislation” substitute “retained EU law”;

(c)in the third subparagraph omit “third”.

(4) In paragraph 3—

(a)for the words before point (a) substitute—

“In the case of an import into the United Kingdom from a non-EU country, the competent authority of destination in the United Kingdom shall”;

(b)in point (a) omit the words from “, and in accordance” to “on waste”;

(c)in point (b) omit “from third countries”.

Amendments to Article 50

91.—(1) Article 50 is amended as follows.

(2) In the heading omit “in Member States”.

(3) Omit paragraphs 1 and 2.

(4) In paragraph 2a, for the first sentence substitute—

“The Secretary of State shall ensure that, in respect of the United Kingdom, one or more plans are maintained, either separately or as a clearly defined part of other plans, for inspections carried out for the purposes of the enforcement of this Regulation (‘inspection plan’).”.

(5) In paragraph 3 for “Union”, in both places it occurs, substitute “United Kingdom”.

(6) In paragraph 4a, for “Directive 2012/19/EC of the European Parliament and of the Council” substitute “the Waste Electrical and Electronic Equipment Regulations 2013(31)”.

(7) In paragraph 4b, for “Union legislation” substitute “retained EU law”.

(8) For paragraph 5 substitute—

“5. The competent authorities in the United Kingdom shall, where appropriate, cooperate, bilaterally and multilaterally, with the competent authorities of EU countries in order to—

(a)facilitate the prevention and detection of illegal shipments;

(b)exchange relevant information on shipments of waste, flows of waste, operators and facilities; and

(c)share experience and knowledge on enforcement measures, including the risk assessment carried out pursuant to paragraph 2a of this Article.”.

(9) In paragraph 6—

(a)in the first sentence—

(i)for “Member States” substitute “Each competent authority in the United Kingdom”;

(ii)for “their” substitute “its”;

(b)for the second sentence substitute—

“The competent authority shall, before the end of each calendar year, send the information in writing to the Secretary of State. The Secretary of State shall then promptly send the information to the Secretariat of the Basel Convention.”.

(10) Omit paragraph 7.

Amendments to Article 51

92. For Article 51 substitute—

“Article 51Reports

1. The Secretary of State must, before the end of each calendar year—

(a)prepare the report for the previous calendar year referred to in Article 13(3) of the Basel Convention; and

(b)transmit the report to the Secretariat of the Basel Convention in accordance with that Article.

2. The Secretary of State must, before the end of each calendar year—

(a)prepare a further report for the previous calendar year based on the questionnaire and table in Annex 9; and

(b)publish the further report in a manner which the Secretary of State considers appropriate.”.

Amendments to Article 52

93. In Article 52—

(a)for “Member States” substitute “The United Kingdom”;

(b)omit “in liaison with the Commission”.

Omission of Articles 53 and 54

94. Omit Articles 53 and 54.

Substitution of Article 55

95. For Article 55 substitute—

“Article 55Designation of frontier crossing points

The Secretary of State may designate places at which waste entering or leaving the United Kingdom is controlled. If the Secretary of State decides to designate such places, a shipment of waste must not be allowed to use any other places within the United Kingdom for the purposes of entering or leaving the United Kingdom.”.

Amendments to Article 56

96.—(1) Article 56 is amended as follows.

(2) In paragraph 1—

(a)in the words before point (a)—

(i)for “Member States” substitute “The Secretary of State”;

(ii)for “Commission” substitute “Secretariat of the Basel Convention”;

(b)in point (a) omit “, pursuant to Article 53”;

(c)omit point (b);

(d)in point (c), for the words from “customs offices” to “Community,” substitute “frontier crossing points, designated”.

(3) In paragraph 2, in the words before point (a)—

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

(b)for “Commission” substitute “Secretariat of the Basel Convention”.

(4) In paragraph 3—

(a)for “Member States” substitute “The Secretary of State”;

(b)for “Commission” substitute “the Secretariat of the Basel Convention”.

(5) Omit paragraph 4.

(6) In paragraph 5—

(a)for “Commission” substitute “Secretary of State”;

(b)for “its web-site” substitute “a website maintained by the Secretary of State”;

(c)for the words from “designated” to “Community” substitute “competent authorities in the United Kingdom and frontier crossing points designated pursuant to Article 55”.

Omission of Article 57

97. Omit Article 57.

Omission of Article 58a

98. Omit Article 58a.

Omission of Article 60

99. Omit Article 60.

Omission of Articles 62 to 64

100. Omit Articles 62 to 64.

Omission of text following Article 64

101. After Article 64, omit the words “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Amendments to Annex 1C

102.—(1) Annex 1C is amended as follows.

(2) In paragraph 2, in the second sentence, for “The European Community Regulation” substitute “This Regulation”.

(3) In paragraph 3, in the fourth sentence, for “Within the EU, the” substitute “The”.

(4) In paragraph 21—

(a)in the third sentence, for “Annexes IIA or IIB of Directive 2006/12/EC on waste” substitute “Annex 1 or 2 of Directive 2008/98/EC(32)”;

(b)for the final sentence, substitute—

“If the recovery or disposal facility is a relevant facility, evidence (e.g. a declaration certifying its existence) of a valid permit issued in accordance with the relevant regulations must be provided in an annex.

In this paragraph—

“relevant facility” means—

(a)

in relation to England and Wales, a “Part A installation” within the meaning of regulation 2(1) of the Environmental Permitting (England and Wales) Regulations 2016(33);

(b)

in relation to Northern Ireland, an “installation” or “mobile plant” within the meaning of regulation 2(1) of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013(34);

(c)

in relation to Scotland, an “installation” or “mobile plant” within the meaning of regulation 2(1) of the Pollution Prevention and Control (Scotland) Regulations 2012(35);

“relevant regulations” means—

(a)

in relation to England and Wales, the Environmental Permitting (England and Wales) Regulations 2016;

(b)

in relation to Northern Ireland, the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;

(c)

in relation to Scotland, the Pollution Prevention and Control (Scotland) Regulations 2012.”.

(5) In paragraph 22—

(a)in the first sentence, for “Annexes IIA or IIB of Directive 2006/12/EC on waste” substitute “Annex 1 or 2 of Directive 2008/98/EC”;

(b)in the fifth sentence, for “Community” substitute “United Kingdom”.

(6) In paragraph 25—

(a)in point (a) omit “Article 63 of this Regulation or”;

(b)in point (c), for the words from “European Union” to the end substitute “The codes included in Commission Decision 2000/532/EC should be used”;

(c)in point (g), in the second sentence omit “of the European Parliament and of the Council”.

(7) In paragraph 41, in the third sentence, for “Annexes IIA or IIB of Directive 2006/12/EC on waste” substitute “Annex 1 or 2 of Directive 2008/98/EC”.

(8) In paragraph 44, in the second sentence, after “including” insert “, where appropriate,”.

(9) In paragraph 47, in the third sentence, for “Annexes IIA or IIB of Directive 2006/12/EC on waste” substitute “Annex 1 or 2 of Directive 2008/98/EC”.

(10) In paragraph 50, from “customs offices” to the end substitute “general customs officials (designated as such under section 3(1) of the Borders, Citizenship and Immigration Act 2009).”.

Amendments to endnotes to provisions of Annex 1C

103.—(1) The endnotes to provisions of Annex 1C are amended as follows.

(2) In the endnote for “consignee” in paragraph 6 of Annex 1C, for “Outside the European Community” substitute “In non-EU countries”.

(3) In the endnote for “notifier” in paragraph 13 of Annex 1C, for “Outside the European Community” substitute “In non-EU countries”.

(4) In the endnote for “broker” in paragraph 15 of Annex 1C, for “some third” substitute “non-EU”.

(5) In the endnote for “producer of the waste” in paragraph 20 of Annex 1C, for “Outside the European Community” substitute “In non-EU countries”.

(6) In the endnote for paragraph 22 of Annex 1C, for “European Community”, in each place it occurs, substitute “United Kingdom”.

(7) In the second endnote for paragraph 26 of Annex 1C, for “Outside the European Community” substitute “In non-EU countries”.

Amendments to Annex 2

104.—(1) Annex 2 is amended as follows.

(2) In Part 1—

(a)in paragraph 5—

(i)in the third subparagraph—

(aa)for “96/61/EC” substitute “2010/75/EU(36)”;

(bb)for “Articles 4 and 5 of that Directive” substitute “the relevant regulations”;

(ii)after the third subparagraph insert—

“In the third subparagraph, “relevant regulations” means—

(a)in relation to England and Wales, the Environmental Permitting (England and Wales) Regulations 2016;

(b)in relation to Northern Ireland, the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;

(c)in relation to Scotland, the Pollution Prevention and Control (Scotland) Regulations 2012.”;

(b)in paragraph 14, after “including”, in the first place it occurs, insert “, where appropriate,”;

(c)in paragraph 19, for “Annexes IIA or IIB to Directive 2006/12/EC” substitute “Annex 1 or 2 of Directive 2008/98/EC”.

(3) In Part 2, in paragraph 5, after “including”, in the first place it occurs, insert “, where appropriate,”.

(4) In Part 3—

(a)in paragraph 2, for “Articles 4 and 5 of Directive 96/61/EC” substitute “the relevant regulations or Articles 4 and 5 of Directive 2010/75/EU as amended from time to time”;

(b)after paragraph 2 insert—

“2A. In paragraph 2, ”relevant regulations” has the meaning given in paragraph 5 of Part 1.”.

Amendment to Annex 3

105. In Annex 3, in the words before Part I, in point (a) for “91/689/EEC” substitute “2008/98/EC”.

Amendment to Annex 3A

106. In Annex 3A, in paragraph 1(a) for “91/689/EEC” substitute “2008/98/EC”.

Amendment to Annex 3B

107. In Annex 3B, in paragraph 1(a) omit “for of the European Parliament and of the Council”.

Amendment to Annex 5

108. In Annex 5, in the introductory notes—

(a)omit paragraph 1;

(b)in paragraph 3(a), for “91/689/EEC” substitute “2008/98/EC”.

Substitution of Annex 9

109. For Annex 9 substitute—

“Annex 9

Table 1

Waste identification code	Quantity (kg/litres)	Country of destination (De) and country of dispatch (Di)	Responsible for illegality (please tick as appropriate)			Measures taken, including any penalties imposed
Waste identification code	Quantity (kg/litres)	Country of destination (De) and country of dispatch (Di)	Notifier	Consignee	Other”.	Measures taken, including any penalties imposed

Amendments to Regulation (EC) No 1418/2007

110.—(1) Commission Regulation (EC) No 1418/2007 concerning the export for recovery of certain waste listed in Annex III or IIIA to Regulation (EC) No 1013/2006 of the European Parliament and of the Council to certain countries to which the OECD Decision on the control of transboundary movements of wastes does not apply is amended as follows.

(2) In Article 1, after “Export” insert “from the United Kingdom”.

(3) In Article 1a, omit “by the Commission”.

(4) Omit Article 3 and the words “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Amendment to Commission Implementing Regulation (EU) 2016/1245

111.—(1) Commission Implementing Regulation (EU) 2016/1245 setting out a preliminary correlation table between codes of the Combined Nomenclature provided for in Council Regulation (EEC) No 2658/87 and entries of waste listed in Annexes III, IV and V to Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste is amended as follows.

(2) Omit Article 2 and the words “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

(1)

OJ No. L 140, 5.6.2009, p. 114.

(2)

2008 c. 32.

(3)

OJ No. L 312, 22.11.2008, p. 3.

(4)

OJ No. L 312, 22.11.2008, p. 3.

(5)

OJ No. L 365, 19.12.2014, p. 89.

(6)