The Waste (Circular Economy) (Amendment) Regulations (Northern Ireland) 2020

Amendment of the Hazardous Waste Regulations (Northern Ireland) 2005

7.—(1) The Hazardous Waste Regulations (Northern Ireland) 2005(1) are amended as follows.

(2) In regulation 2(1)—

(a) omit the definition of “Commission Directive (EU) 2015/1127”;

(b) in the definition of “recovery” for “Annex II to the Directive, as amended by Commission Directive (EU) 2015/1127” substitute “Annex II to the Waste Directive”;

(c) in the definition of “waste battery or accumulator” for “Directive 2008/98/EC of the European Parliament and of the Council on waste as last amended by Directive (EU) 2017/997” substitute “the Waste Directive”; and

(d) in the definition of “management”, after “recovery” insert “(including sorting)”.

(3) In regulation 3(1)(a) for “(EU) 2017/997” substitute “(EU) 2018/851”.

(4) In regulation 19(4) for “and repealing Directive 91/157/EEC” substitute “as last amended by Directive (EU) 2018/849”.

(5) For regulation 19(5) substitute—

“(5) Paragraph (1) applies to the mixing of waste oils only where such mixing would impede the regeneration or another recycling operation delivering an equivalent or a better overall environment outcome than regeneration.”.

(6) In regulation 20(1)(c)(i) omit “and economically”.

(7) In regulation 23(2)(a)(ii) for “List of Waste Regulations (Northern Ireland) 2005” substitute “List of Wastes”.

(8) In regulation 24(2)(c)—

(a) for “Annex I of Directive 2008/98/EC of the European Parliament and of the Council” substitute “Annex I to the Waste Directive”; and

(b) for “Annex II of that Directive as amended by Commission Directive (EU) 2015/1127.” substitute “Annex II to the Waste Directive”.

(9) In regulation 37—

(a) for sub-paragraph (3A) substitute

“(3A) Carriers, dealers and brokers of hazardous waste shall keep for three years a chronological record of the quantity, nature, origin and the quantity of products and materials resulting from preparing for re-use, recycling or other recovery operations and, where relevant, the destination, frequency of collection, mode of transport and treatment method of the waste in a register at their principal place of business.”;

(b) for sub-paragraph (5) substitute—

“(5) Any register kept or retained under this regulation shall be provided to the Department in such form and manner as the Department specifies.”; and

(c) in sub-paragraph (6) omit “as amended by Commission Directive (EU) 2015/1127”.

(10) In regulation 38—

(a) for sub-paragraph (1) substitute—

“(1) A producer or holder of hazardous waste, and where different from the producer, a consignor or broker of, or dealer in hazardous waste, shall keep a record of the quantity, nature, origin and the quantity of products and materials resulting from preparing for re-use, recycling or other recovery operations and, where relevant, the destination, frequency of collection, mode of transport and treatment method of the waste.”; and

(b) for sub-paragraph (7) substitute—

“(7) Any register kept and retained under this regulation shall be provided to the Department in such form and manner as the Department specifies.”.

(11) For regulation 40(3)(a) substitute—

“(a) the quantity, nature, origin of the waste and the quantity of products and materials resulting from preparing for re-use, recycling or other recovery operations;”.

(1)

S.R. 2005 No. 300; relevant amending Regulations are S.R. 2009 No. 159, S.R. 2011 No. 127, S.R. 2015 No.288, S.R. 2016 No.95 and S.R. 2018 No. 200. Regulations 2 and 3 are prospectively amended by S.I. 2019/289 and S.I. 2019/271 and regulation 19 is prospectively amended by S.I. 2019/289