The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019

The Waste Electrical and Electronic Equipment Regulations 2013 U.K.

19.—(1) The Waste Electrical and Electronic Equipment Regulations 2013 are amended as follows.

(2) In regulation 2—

(a) in the definition of “the Directive” (as substituted by regulation 8(2)), at the end insert “ , as read in accordance with regulation 2A ”;

(b) in the definition of “the Waste Directive”, at the end insert “ and as read in accordance with regulation 2B ”;

(c) in the definition of “active implantable medical device”, for the words from “point (c)” to “devices”, substitute “ regulation 2(1) of the Medical Devices Regulations 2002 M1 ”;

(d) in the definition of “in vitro diagnostic medical device”, for the words from “within the meaning of” to the end, substitute “ within the meaning of regulation 2(1) of the Medical Devices Regulations 2002, which is EEE ”;

(e) in the definition of “making available on the market”, for “a Member State” substitute “ the United Kingdom ”;

(f) in the definition of “medical device”, for the words from “within the meaning of” to the end, substitute “ within the meaning of regulation 2(1) of the Medical Devices Regulations 2002, which is WEEE ”;

(g) omit the definition of “Member State”;

[F1 (ga) before the definition of “Natural Resources Body for Wales” insert—

““national authority” means—

(a)

in relation to England, the Secretary of State;

(b)

in relation to Wales, the Welsh Ministers;

(c)

in relation to Scotland, the Scottish Ministers;

(d)

in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;”;]

(h) in the definition of “placing on the market”, omit “within the territory of a Member State”;

(i) in the definition of “producer”—

(i) in the words before sub-paragraph (a), omit the words from “in accordance” to “consumer rights”;

(ii) in sub-paragraphs (a) and (b)—

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

(bb) for “territory of that Member State” substitute “ United Kingdom ”;

(iii) for sub-paragraphs (c) and (d) substitute—

“(c) is established in the United Kingdom and places on the market, on a professional basis, EEE from a country other than the United Kingdom; or

(d) sells EEE by means of distance communication directly to private households or to users other than private households in the United Kingdom and is established in a country other than the United Kingdom.”;

[F2 (j) in the definition of “waste electrical and electronic equipment”, after “Waste Directive” insert “, as read with Articles 5 and 6 of that Directive,”].

(3) After regulation 2, insert—

“Modification of the Directive

2A.— (1) For the purposes of these Regulations, the Directive is to be read in accordance with this regulation.

(2) A reference to one or more member States or the competent authorities in a provision imposing an obligation or providing a discretion on a member State, member States or competent authority is to be read as a reference to the [F3 national authority or appropriate authority which, immediately before IP completion day], was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion.

(3) A reference to a term in the Directive which is defined in regulation 2 to these Regulations is to be read as if it had the meaning given in regulation 2.

(4) Article 3 is to be read as if paragraphs 1(e), (f) and (l) and (2) were omitted.

(5) Article 5(2)(e) is to be read as if “and Union” were omitted.

(6) Article 8 is to be read as if—

(a) paragraph 4 were omitted;

(b) in paragraph 5, the second to fifth subparagraphs were omitted.

(7) Article 9 is to be read as if—

(a) in paragraphs 1 and 2, for “Directive 2008/98/EC” there were substituted “ the Waste Directive ”;

(b) in paragraph 3, for the words “Article 11” there were substituted “paragraphs 23 and 24 of Schedule 11 to the Waste Electrical and Electronic Equipment Regulations 2013;

(c) after paragraph 3, there were inserted—

“4.   In paragraph 3, “permit”—

(a) in relation to England and Wales, means an environmental permit issued under regulation 13(1) of the Environmental Permitting Regulations 2016;

(b) in relation to Northern Ireland, means—

(i) a waste management licence granted under Article 6 of the Waste and Contaminated Land (Northern Ireland) Order 1997 M2 , or

(ii) a permit granted under regulation 10 of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013 M3 ;

(c) in relation to Scotland, means a site licence issued under section 35 of the Environmental Protection Act 1990 M4 or a permit issued under regulation 13 of the Pollution Prevention and Control (Scotland) Regulations 2012.”.

(8) Article 11 is to be read as if paragraphs 3 and 6 were omitted.

(9) 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 M5 ”to the end there were substituted “ the relevant PCB legislation ”;

(ii) in the thirteenth indent, for the words from “Commission Directive 97/69/EC M6 ” 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 ”;

(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 Directive ”.

(10) 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.

(11) In paragraph (8)(a)(i), the “relevant PCB legislation” means—

(a) in relation to England and Wales, the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000 M7 ;

(b) in relation to Scotland, the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (Scotland) Regulations 2000 M8 ;

(c) in relation to Northern Ireland, the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) Regulations (Northern Ireland) 2000 M9 .

Modification of the Waste Directive

2B.— (1) For the purposes of these Regulations, the Waste Directive is to be read in accordance with this regulation.

(2) A reference to one or more member States or a competent authority in a provision imposing an obligation or providing a discretion on a member State, member States or competent authority is to be read as a reference to the [F4 national authority or appropriate authority which, immediately before IP completion day], was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion.

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

[F5 (4)  Article 5 is to be read as if—

(a) in paragraph 1, “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 relevant guidance published by the national authority or the appropriate authority.”;

(c) paragraphs 2 and 3 were omitted.

(5)  Article 6 is to be read as if—

(a) in paragraph 1, “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 relevant guidance published by the national authority or the appropriate authority.”;

(c) in paragraph 2—

(i) the first subparagraph were omitted;

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

(iii) the third and fourth subparagraphs were omitted;

(d) paragraph 3 were omitted;

(e) in paragraph 4—

(i) in the first subparagraph—

(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 subparagraph—

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

(bb) “by competent authorities” were omitted.

(6)  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 has effect in England, Wales, Scotland or Northern Ireland (as the case may be).”;

(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. ]

(7) Article 23 is to be read as if in paragraph 5, “or Community” were omitted.

[F6 (7A) Article 25 is to be read as if paragraph 3 were omitted.]

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

Meaning of “the Basic Safety Standards Directive” and “the Industrial Emissions Directive”

2C.— (1) In regulation 2A(8)(a)(iii) and this regulation, “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, read in accordance with paragraphs (2) to (4).

(2) A reference to one or more member States or a competent authority in a provision imposing an obligation or providing a discretion on a member State, member States or competent authority is to be read as a reference to the [F7 national authority or appropriate authority which, immediately before IP completion day], was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion.

(3) Article 4(79) is to be read as if “under the legislative and regulatory framework of the Member State” there were substituted “in the United Kingdom”.

(4) Annex 7 is to be read as if, in section 2—

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

(b) in point (e), in the second sentence, for “Article 75” there were substituted “ regulation 7 of the Ionising Radiation (Basic Safety Standards) (Miscellaneous Provisions) Regulations 2018 M10 ”.

(5) In regulation 2B(3), “the Industrial Emissions Directive” means Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control), read in accordance with paragraphs (6) and (7).

(6) Article 3 is to be read as if—

(a) in point (1)(a), for the words from “Article 1” to the end there were substituted “ Article 4(78) of the Basic Safety Standards Directive ”;

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

(c) in point (23), for the words from “point 1” 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 ”;

(d) in point (37), for the words from “of the European” to the end there were substituted “ , read with Articles 5 and 6 of that Directive ”.

(7) 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” there were substituted “ the urban waste water treatment legislation ”;

(ii) in point (b), in the words before point (i), for “Directive 91/271/EEC” there were substituted “ the urban waste water treatment legislation ”;

(c) in point 5.4, the reference to Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste were a reference to the Landfill Directive;

(d) in point 6.9, for “Directive 2009/31/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2009/31/EC ”;

(e) in point 6.11, for “Directive 91/271/EEC” there were substituted “ the urban waste water treatment legislation ”.

(8) In paragraph (7)(b) and (e), “the urban waste water treatment legislation” means—

(a) in England and Wales, the Urban Waste Water Treatment (England and Wales) Regulations 1994;

(b) in Scotland, the Urban Waste Water Treatment (Scotland) Regulations 1994;

(c) in Northern Ireland, the Urban Waste Water Treatment Regulations (Northern Ireland) 2007.

[F8 (9)  In paragraph (7)(c), “the Landfill Directive” means Council Directive 1999/31/EC on the landfill of waste, as last amended by Directive (EU) 2018/850, and read as if, in Article 2—

(a) in point (a) “‘waste’,” were omitted; and

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

“(aa) “waste” means anything that—

(i) is waste within the meaning of Article 3(1) of Directive 2008/98/EC, as read with Articles 5 and 6 of that Directive, and

(ii) is not excluded from the scope of that Directive by Article 2(1), (2) or (3) of that Directive;”.”].

(4) In regulation 7—

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

(b) in paragraph (b), for “this Directive” substitute “ these Regulations ”.

(5) In regulation 10—

(a) for the heading substitute “Retained EU law [F9 etc]”;

(b) for “existing EU legislation” substitute “retained EU law [F10 and, in relation to Northern Ireland, EU legislation which has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement,]”.

(6) Omit regulation 13.

(7) In regulation 14(1A), for “Member State” substitute “ country ”.

(8) In regulation 44(a), for “requirement on each Member State under Article 5(1) of the Directive” substitute “ need ”.

(9) In regulation 71, in paragraph (1)—

(a) after sub-paragraph (a), omit “or”;

(b) omit sub-paragraph (b).

(10) In regulation 74(2)(a), for the words “the framework”, substitute “ accordance with Article 1(1) ”.

(11) In Schedule 8—

(a) in paragraph 7, omit “European or”;

(b) in paragraphs 26 and 31—

(i) in sub-paragraph (c), for “a Member State” substitute “ the United Kingdom ”;

(ii) in sub-paragraph (d), for “another destination within or outside the Union” substitute “ a destination outside the United Kingdom ”.

(12) In Schedule 9—

(a) in paragraph 1—

(i) in the words before sub-paragraph (a), for “Member States shall require the holder to” substitute “ the holder must ”;

(ii) in sub-paragraph (c), at the end insert “ , as read with Articles 5 and 6 of that Directive ”;

(b) in paragraph 3—

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

(ii) in sub-paragraph (d)(i), for the words from “Annex II” to “Annex III” substitute “ Schedule 2 or Schedule 4, as appropriate, and category set out in Schedule 1 or Schedule 2 ”;

(c) in paragraph 5, for “Member State authorities” substitute “ the appropriate authority ”.

Textual Amendments

F1 Reg. 19(2)(ga) inserted (31.12.2020 immediately before IP completion day) by The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 11(12)(a)(i)

F2 Reg. 19(2)(j) inserted (31.12.2020 immediately before IP completion day) by The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 11(12)(a)(ii)

F3 Words in reg. 19(3) substituted (31.12.2020 immediately before IP completion day) by The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 11(12)(b)

F4 Words in reg. 19(3) substituted (31.12.2020 immediately before IP completion day) by The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 11(12)(c)(i)

F5 Words in reg. 19(3) substituted (31.12.2020 immediately before IP completion day) by The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 11(12)(c)(ii)

F6 Words in reg. 19(3) inserted (31.12.2020 immediately before IP completion day) by The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 11(12)(c)(iii)

F7 Words in reg. 19(3) substituted (31.12.2020 immediately before IP completion day) by The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 11(12)(d)(i)

F8 Words in reg. 19(3) substituted (31.12.2020 immediately before IP completion day) by The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 11(12)(d)(ii)

F9 Word in reg. 19(5)(a) inserted (31.12.2020 immediately before IP completion day) by The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 11(12)(e)(i)

F10 Words in reg. 19(5)(b) inserted (31.12.2020 immediately before IP completion day) by The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 11(12)(e)(ii)

Commencement Information

I1 Reg. 19 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

Marginal Citations

M1 S.I. 2002/618, amended by S.I. 2008/2936: there are other amending instruments but none is relevant.

M2 S.I. 1997/2778 (N.I. 19).

M3 S.R. 2013 No. 160, amended by S.R. 2014 No. 304; there are other amending instruments but none is relevant.

M4 Section 35 was amended by paragraph 66(2) of Schedule 22 to the Environment Act 1995 (c.25), by paragraph 3(20 of Part 1 of Schedule 3 to the Regulatory Reform (Scotland) Act 2014 (asp 3) and by S.S.I. 2000/323 and 2011/226.

M5 OJ No L 243, 24.9.1996, p 31, as amended by Regulation (EC) No 596/2009 of the European Parliament and of the Council (OJ No L 188, 18.7.2009, p 14).

M6 OJ No L 343, 13.12.1997, p 19, repealed by Regulation (EC) No 1272/2008 of the European Parliament and of the Council (OJ No L 353, 31.12.2008, p 1).

M7 S.I. 2000/1043, amended by S.I. 2000/3359, 2005/894, 1806 (W 138), 2010/1159, 1820 (W 177), 2011/988, 2013/755 (W 90).

M8 S.S.I 2000/95, to which there are amendments not relevant to these Regulations.

M9 S.R. 2000 No. 232, to which there are amendments not relevant to these Regulations.

M10 S.I. 2018/482.