The Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007

[F1Modifications to the Waste DirectiveN.I.

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 in a provision imposing an obligation or conferring a discretion on a member State or member States is to be read as a reference to the appropriate authority or local authority which, immediately before [F2IP completion day] , was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion in Northern Ireland.

[F3(3) Article 5 is to read as if––

(a)in paragraph 1, the words “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 guidance published by the appropriate authority for the purposes of this Article.”;

(c)paragraphs 2 and 3 were omitted.

(4) Article 6 is to be read as if––

(a)in paragraph 1, the words “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 guidance published by the appropriate authority for the purposes of this Article.”;

(c)in paragraph 2––

(i)the first sub-paragraph were omitted;

(ii)in the second subparagraph, for the words “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 sub-paragraph––

(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 sub-paragraph—

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

(bb)“by competent authorities” were omitted.]]

Textual Amendments

F2Words in reg. 2A substituted in earlier amending provision S.I. 2019/271, reg. 4(3) (31.12.2020) by The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 4(2)