The List of Wastes Regulations (Northern Ireland) 2005

Interpretation

2.  In these Regulations, unless the context otherwise requires—

(a) “the Waste Directive” means Council Directive 75/442/EEC(1) on waste as amended by—

(i) Council Directives 91/156/EEC(2) and 91/692/EEC(3); and

(ii) Commission Decision 96/350/EC(4);

(b) Directive 67/548/EEC (the Dangerous Substances Directive, which is referred to in the Introduction to the List) means Directive 67/548/EEC(5) on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances as last amended by Council Regulation (EC) No. 807/2003(6); and

(c) “the Hazardous Waste Directive” means Council Directive 91/689/EEC(7) of 31st December 1991 on hazardous waste, as amended by Council Directive 94/31/EC(8), and a reference to—

(i) an annex of the Hazardous Waste Directive is a reference to that annex as it is for the time being set out in the relevant schedule to the Hazardous Waste Regulations (Northern Ireland); and

(ii) hazardous properties is a reference to the properties in Annex III as so set out.

(d) “the List of Wastes Decision” means Commission Decision 2000/532/EC(9) of 3rd May 2000 replacing Decision 94/3/EC(10) establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC(11) establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste, as amended by—

(i) Commission Decision 2001/118/EC(12);

(ii) Commission Decision 2001/119/EC(13); and

(iii) Council Decision 2001/573/EC(14);

(e) “the List of Wastes” means the “List of wastes pursuant to Article 1(a) of Directive 75/442/EEC on waste and Article 1(4) of Directive 91/689/EEC on hazardous waste” set out in the Annex to the List of Wastes Decision, being a list drawn up—

(i) in relation to wastes belonging to the categories listed in Annex I (Categories of Waste) of the Waste Framework Directive, by the Commission, acting in accordance with the procedure laid down in Article 18 of that Directive;

(ii) in relation to hazardous waste, in accordance with the procedure laid down in Article 18 of the Waste Framework Directive on the basis of—

(aa) Annex I (Categories or generic types of hazardous waste listed according to their nature or the activity which generated them) to the Hazardous Waste Directive; and

(bb) Annex II (Constituents of the wastes in Annex 1.B. which render them hazardous when they have the properties described in Annex III) to the Hazardous Waste Directive,

and a reference to the List of Wastes includes a reference to the Introduction thereto (“the Introduction to the List”).

(f) “the Hazardous Waste Regulations” means the Hazardous Waste Regulations (Northern Ireland) 2005(15);

(g) “hazardous waste” has the meaning given by regulation 6 of the Hazardous Waste Regulations;

(h) “waste” has the meaning given by regulation 3(1)(b) of the Hazardous Waste Regulations;

(i) “dangerous substance” means, notwithstanding paragraph 5 of the Introduction to the List, a substance which for the time being is a dangerous substance within the meaning of regulation 2 of the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002(16).

(1)

O.J. No. L194, 25.7.1975, p. 39

(2)

O.J. No. L78, 26.3.1991, p. 32

(3)

O.J. No. L377, 31.12.1991, p. 48

(4)

O.J. No. L135, 6.6.1996, p. 32

(5)

O.J. L196, 16.8.1967, p. 1

(6)

O.J. L122, 16.5.2003, p. 36, which amended the committee procedure in Article 29 with effect from 5th June 2003. Directive 67/548/EEC was also amended from 1st May 2004 by Section K of Annex II to the Act of Accession of ten Member States (O.J. L236, 23.9.2003, p. 53 at p. 96 and was last adapted to technical progress for the 28th time by Commission Directive 2001/59/EC (O.J. No. L225, 21.8.2001, p. 1

(7)

O.J. No. L377, 31.12.1991, p. 20

(8)

O.J. No. L168, 2.7.1994, p. 28

(9)

O.J. No. L226, 6.9.2000, p. 3

(10)

O.J. No. L5, 7.1.1994, p. 15

(11)

O.J. No. L356, 31.12.11994, p. 14

(12)

O.J. No. L47, 16.2.2001, p. 1

(13)

O.J. No. L47, 16.2.2001, p. 32

(14)

O.J. No. L192, 14.7.2001, p. 24

(15)

S.R. 2005 No. 300

(16)

S.I. 2002/1689 as amended by S.I. 2004/; these Regulations implement the Dangerous Substances Directive for the time being in Great Britain