The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2013

Amendment of the Environmental Permitting (England and Wales) Regulations 2010

2.—(1) The Environmental Permitting (England and Wales) Regulations 2010(1) are amended as follows.

(2) In regulation 3 (interpretation: Directives), for the definition of “the Landfill Directive” substitute the following definition—

““the Landfill Directive” means Council Directive 1999/31/EC on the landfill of waste(2), as read with Council Decision 2003/33/EC establishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of, and Annex II to, Directive 1999/31/EC(3);”.

(3) In paragraph 5 of Schedule 10 (landfill), after sub-paragraph (3) insert—

“(4) The regulator may exercise those relevant functions so as to permit the storage of metallic mercury in accordance with Regulation (EC) No 1102/2008 of the European Parliament and of the Council on the banning of exports of metallic mercury and certain mercury compounds and mixtures and the safe storage of metallic mercury(4).

(5) For the purposes of Article 5(1) of that Regulation, the regulator must send to the Secretary of State—

(a) a copy of any permit issued for a facility designated to store metallic mercury temporarily or permanently; and

(b) the respective safety assessment pursuant to Article 4(1) of that Regulation.”.

(1)

S.I. 2010/675; a relevant amendment was made by S.I. 2011/988. There are other amendments not relevant to this instrument.

(2)

OJ No L 182, 16.7.99, p 1, as last amended by Council Directive 2011/97/EU amending Directive 1999/31/EC as regards specific criteria for the storage of metallic mercury considered as waste (OJ No L 328, 10.12.11, p 49).

(3)

OJ No L 11, 16.1.03, p 27.

(4)

OJ No L 304, 14.11.08, p 75.