The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020

Amendments to Article 7 U.K.

14.—(1) Article 7 is amended as follows.

(2) In paragraph 2, in the first subparagraph, for “Council Directive 96/59/EC” substitute “the PCB Regulations” (and omit the corresponding endnote).

(3) In paragraph 4—

(a) in point (a), for “Union legislation” substitute “retained EU law”;

(b) in point (b)—

(i) in the words before point (i), for the words from “a Member State” to “that Member State” substitute “a competent authority”;

(ii) in point (i) omit “of the Member State concerned”;

(iii) in point (iii) for “Union legislation” substitute “retained EU law”;

(iv) for point (iv) substitute—

“(iv) the competent authority has informed the Secretary of State, the Welsh Ministers and the Scottish Ministers of its authorisation and the reasons for it.”.

(4) For paragraphs 5 and 6 substitute—

“5.   The appropriate authority may by regulations specify the format of the information to be submitted by the competent authority in accordance with paragraph 4(b)(iv), (v) or (vi) (as the case may be).

6.   The appropriate authority may by regulations amend Annex 4 or 5 for the purposes set out in Article 15(2).

Before making regulations under this paragraph, the appropriate authority shall take into consideration any relevant technical developments or international guidelines or decisions and any relevant authorisations granted by the competent authority.

7.   The appropriate authority shall take the necessary measures to ensure the control and traceability of waste containing or contaminated by a substance listed in Annex 4 to this Regulation (“relevant waste”); and the appropriate authority may by regulations make such provision as the appropriate authority considers appropriate for that purpose.

8.   In paragraph 7, the reference to measures to ensure the control and traceability of relevant waste is a reference to measures—

(a) to ensure that the production, collection, transportation, storage and treatment of relevant waste are carried out under conditions providing protection for the environment and human health;

(b) to ensure the traceability and control of relevant waste from its production to its final destination in accordance with paragraph 10; and

(c) to prohibit the abandonment, dumping or uncontrolled management of relevant waste.

9.   In paragraph 8(a), the reference to conditions providing protection for the environment and human health is a reference to ensuring that waste management is carried out without endangering human health, without harming the environment and, in particular—

(a) without risk to water, air, soil, plants or animals;

(b) without causing a nuisance through noise or odours; and

(c) without adversely affecting the countryside or places of special interest.

10.   Measures are in accordance with this paragraph if they ensure that establishments and undertakings within the scope of the Permitting Regulations, producers of relevant waste, and the establishments and undertakings which collect or transport relevant waste on a professional basis, or act as dealers and brokers of relevant waste—

(a) keep a chronological record of—

(i) the quantity, nature and origin of that waste and the quantity of products and materials resulting from preparing that waste for re-use, recycling or other recovery operation; and

(ii) where relevant, the destination, frequency of collection, mode of transport and treatment method foreseen in respect of the waste;

(b) make that data available, on request, to the competent authority through any electronic registry established for the reporting of the data or, if no such registry is in operation, in such form and manner as the regulator may specify;

(c) keep the records for at least three years, except in the case of establishments and undertakings transporting relevant waste which shall keep such records for at least 12 months;

(d) where relevant, supply documentary evidence that the activity in question has been carried out at the request of the competent authority or of a previous holder.

11.   Regulations under paragraph 7 may create criminal offences.

12.   Regulations may provide for an offence under the regulations to be triable—

(a) only summarily; or

(b) either summarily or on indictment.

13.   But regulations under paragraph 7 may not create an offence for which an individual who has reached the age of 18 (or, in relation to Scotland, 21) is capable of being sentenced to imprisonment for a term of more than 2 years (ignoring any enactment prohibiting or restricting the imprisonment of individuals who have no previous convictions).

14.   No regulations may be made under paragraph 7 on or after 31st October 2023.

15.   In this Article—

(a) “broker” means broker as defined in point 8 of Article 3 of Directive 2008/98/EC;

(b) “collection” means collection as defined in point 10 of Article 3 of Directive 2008/98/EC;

(c) “dealer” means dealer as defined in point 7 of Article 3 of Directive 2008/98/EC;

(d) “establishment” has the same meaning as in Article 23(1) of Directive 2008/98/EC;

(e) “treatment” means treatment as defined in point 14 of Article 3 of Directive 2008/98/EC;

(f) “undertaking” has the same meaning as in Article 23(1) of Directive 2008/98/EC;

(g) “waste management” means waste management as defined in point 9 of Article 3 of Directive 2008/98/EC.”.

Commencement Information

I1 Reg. 14 in force at 31.12.2020 on IP completion day, see reg. 2(2)