Draft Legislation:

This is a draft item of legislation and has not yet been made as a UK Statutory Instrument. This draft has been replaced by a new draft, The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 ISBN 978-0-11-118161-4

Draft Regulations laid before Parliament under paragraph 2(2) of Schedule 2 to the European Communities Act 1972 and paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2019 No. 000

Exiting The European Union

Environmental Protection

Waste

The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019

Made

***

Coming into force in accordance with regulation 1(2)

The Secretary of State makes these Regulations in exercise of the powers conferred by—

(a)in relation to Part 1, the powers mentioned in paragraphs (b) and (c);

(b)in relation to Part 2, section 2(2) of the European Communities Act 1972(1);

(c)in relation to the remainder of the Regulations, section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018(2).

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to the prevention, reduction and elimination of pollution caused by waste(3).

In accordance with paragraph 2(2) of Schedule 2 to the European Communities Act 1972 and paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

PART 1Introductory

Citation and commencement

1.—(1) These Regulations may be cited as the Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019.

(2) They come into force as follows—

(a)as regards this Part and Part 2, 21 days after the day on which they are made;

(b)as regards the remainder, on exit day.

PART 2Amendment of out of date references

Environmental Protection Act 1990

2.—(1) The Environmental Protection Act 1990(4) is amended as follows.

(2) In section 33(13)(5), as it extends to England and Wales, for the words from “Directive 2008/98/EC(6)” to the end substitute “the Waste Framework Directive”.

(3) In section 34(2A)(7), as it extends to Scotland, for “Waste Directive” substitute “Waste Framework Directive”.

(4) In section 57(8)(8), as it extends to England and Wales, in the definition of “waste”, for “Directive 2008/98/EC of the European Parliament and of the Council on waste” substitute “the Waste Framework Directive”.

(5) In section 62A(1)(b) and (2)(b)(9), “Directive 2008/98/EC, as last amended by Council Regulation (EU) 2017/997(10)” substitute “the Waste Framework Directive”.

(6) In section 75(11)—

(a)after subsection (1), insert—

“(1A) “Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Council Regulation (EU) 2017/997.”;

(b)in subsection (2)—

(i)as it extends to England and Wales, for “Directive 2008/98/EC of the European Parliament and of the Council on waste” substitute “the Waste Framework Directive”;

(ii)as it extends to Scotland, in paragraph (a), for “Waste Directive” substitute “Waste Framework Directive”;

(c)omit subsection (12) as it extends to Scotland.

Waste and Emissions Trading Act 2003

3.—(1) Section 37 of the Waste and Emissions Trading Act 2003(12) is amended as follows.

(2) In subsection (2), as it extends to England and Wales and Scotland, at the end insert “, as last amended by Council Regulation (EU) 2017/997”.

(3) For subsection (2), as it extends to Northern Ireland, substitute—

“(2) For the purposes of this section, “the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Council Regulation (EU) 2017/997.”.

PART 3Amendment of primary legislation

Control of Pollution (Amendment) Act 1989

4. Section 1(3) of the Control of Pollution (Amendment) Act 1989(13) is amended as follows—

(a)after paragraph (a), omit the final “or”;

(b)omit paragraph (b).

Environmental Protection Act 1990

5.—(1) The Environmental Protection Act 1990 is amended as follows.

(2) In section 57(8), as it extends to England and Wales, in the definition of “waste”, after “Waste Framework Directive” (as substituted by regulation 2(4)), insert “, as read with Articles 5 and 6 of that Directive,”.

(3) In section 75(1A) (as inserted by regulation 2(6)(a)), at the end insert “, and read in accordance with section 75A”.

(4) After section 75 insert—

“Modification of the Waste Framework Directive

75A.—(1) For the purposes of this Part, the Waste Framework Directive is to be read in accordance with this section.

(2) A reference to one or more member States in a provision of the Waste Framework Directive 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, waste regulation authority or local authority which, immediately before exit day, was responsible for the United Kingdom’s compliance with that obligation or able to exercise that discretion in respect of England, Wales or Scotland.

(3) Article 2 is to be read as if—

(a)in paragraph 2—

(i)in the words before point (a), for “other Community legislation” there were substituted “retained EU law”;

(ii)in points (b) and (c), for “Regulation (EC) No 1774/2002” there were substituted “Regulation (EC) No 1069/2009”;

(iii)in point (d), as it extends to England and Wales, for the words from “Directive 2006/21/EC(14)” to the end there were substituted “the Mining Waste Directive”;

(iv)for point (d), as it extends to Scotland, there were substituted—

“(d)extractive waste, which has the same meaning as in regulation 2(1) of the Management of Extractive Waste (Scotland) Regulations 2010 (S.S.I. 2010/60)(15).”;

(b)in paragraph 3, the words from “Without prejudice” to “Community legislation,” were omitted;

(c)paragraph 4 were omitted.

(4) Article 5 is to be read as if paragraph 2 were omitted.

(5) Article 6 is to be read as if—

(a)paragraphs 1 to 3 were omitted;

(b)in paragraph 4—

(i)in the first sentence, for the words from “Where criteria” to “paragraphs 1 and 2” there were substituted “Except where Council Regulation (EU) No 333/2011, Commission Regulation (EU) No 1179/2012 or Commission Regulation (EU) No 715/2013 applies”;

(ii)the second sentence were omitted.

(6) Article 7 is to be read as if—

(a)in paragraph 1—

(i)the first and second sentences were omitted;

(ii)in the third sentence, for “shall be binding” there were substituted “shall, subject to paragraph 1A, be binding”;

(b)after paragraph 1, there were inserted—

“1A. Paragraph 1 is subject to—

(a)a determination by the Secretary of State under regulation 8(1) of the Hazardous Waste (England and Wales) Regulations 2005 (S.I. 2005/894)(16), or by the Welsh Ministers under regulation 8(1) of the Hazardous Waste (Wales) Regulations 2005 (S.I. 2005/1806 (W.138))(17), that a specific batch of waste is to be treated as hazardous waste;

(c)the treating of a specific batch of waste as hazardous or, as the case may be, non-hazardous, in accordance with regulation 8(2) or 9(2) of the Hazardous Waste (England and Wales) Regulations 2005, or regulation 8(2) or 9(2) of the Hazardous Waste (Wales) Regulations 2005;

(d)regulations (if any) made by the Secretary of State under section 62A(1) of the Environmental Protection Act 1990 or by the Welsh Ministers under section 62A(2) of that Act (lists of waste displaying hazardous properties);

(e)a determination by the Scottish Ministers that a specific batch or type of waste—

(i)is to be treated as hazardous waste because the Scottish Ministers consider that the waste displays one or more of the hazardous properties listed in Annex 3;

(ii)is to be treated as non-hazardous waste because the Scottish Ministers consider that the waste displays none of the hazardous properties listed in Annex 3.”;

(c)paragraphs 2, 3 and 5 were omitted;

(d)after paragraph 6, there were inserted—

“6A. In this Article, the “list of waste” means the list established by Commission Decision 2000/532/EC.”;

(e)paragraph 7 were omitted.

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

(8) In subsection (2)—

“appropriate 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;

“local authority” means—

(a)

in England outside Greater London—

(i)

a district council,

(ii)

a county council, or

(iii)

the Council of the Isles of Scilly;

(b)

in Greater London—

(i)

the council of a London borough,

(ii)

the Common Council of the City of London,

(iii)

the Sub-Treasurer of the Inner Temple, or

(iv)

the Under-Treasurer of the Middle Temple;

(c)

in Wales—

(i)

a county council, or

(ii)

a county borough council;

(d)

in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(18).”.

Waste and Emissions Trading Act 2003

6.—(1) The Waste and Emissions Trading Act 2003 is amended as follows.

(2) In section 1—

(a)in subsection (1), for “must” substitute “may”;

(b)omit subsection (2);

(c)for subsection (4) substitute—

“(4) The power under subsection (1)(a) is exercisable only with the agreement of the Scottish Ministers, the Welsh Ministers and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.

(4A) The power under subsection (1)(c) is exercisable only with the agreement of the Scottish Ministers.

(4B) The power under subsection (1)(d) is exercisable only with the agreement of the Welsh Ministers.

(4C) The power under subsection (1)(e) is exercisable only with the agreement of the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.”;

(d)omit subsection (5).

(3) In section 23, for subsection (3) substitute—

“(3) The power under subsection (2) is exercisable only with the agreement of the Scottish Ministers, the Welsh Ministers and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.”.

(4) In section 37—

(a)in subsection (2)—

(i)after “section” insert “and section 37A”;

(ii)at the end (and, in that subsection as it extends to England and Wales and Scotland, after the insertion made by regulation 3(2)) insert “, and read in accordance with subsections (3) to (9)”;

(b)after subsection (2) insert—

“(3) A reference to one or more member States in a provision of the Waste Directive 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, appropriate agency or local authority which, immediately before exit day, was responsible for the United Kingdom’s compliance with that obligation or able to exercise that discretion in respect of England, Wales, Scotland or Northern Ireland.

(4) Article 2 is to be read as if—

(a)in paragraph 2—

(i)in the words before point (a), for “other Community legislation” there were substituted “retained EU law”;

(ii)in points (b) and (c), for “Regulation (EC) No 1774/2002” there were substituted “Regulation (EC) No 1069/2009”;

(iii)in point (d), as it extends to England and Wales, for the words from “Directive 2006/21/EC” to the end there were substituted “the Mining Waste Directive” (see section 37A);

(iv)for point (d), as it extends to Scotland, there were substituted—

“(d)extractive waste, which has the same meaning as in regulation 2(1) of the Management of Extractive Waste (Scotland) Regulations 2010 (S.S.I. 2010/60).”;

(v)for point (d), as it extends to Northern Ireland, there were substituted—

“(d)extractive waste, which has the same meaning as in regulation 2(2) of the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015 (S.R. 2015 No. 85)(19).”;

(b)in paragraph 3, the words from “Without prejudice” to “Community legislation,” were omitted;

(c)paragraph 4 were omitted.

(5) Article 5 is to be read as if paragraph 2 were omitted.

(6) Article 6 is to be read as if—

(a)paragraphs 1 to 3 were omitted;

(b)in paragraph 4—

(ii)the second sentence were omitted.

(7) Article 7 is to be read as if—

(a)in paragraph 1—

(i)the first and second sentences were omitted;

(ii)in the third sentence, for “shall be binding” there were substituted “shall, subject to paragraph 1A, be binding”;

(b)after paragraph 1, there were inserted—

“1A. Paragraph 1 is subject to—

(a)a determination by the Secretary of State under regulation 8(1) of the Hazardous Waste (England and Wales) Regulations 2005 (S.I. 2005/894), or by the Welsh Ministers under regulation 8(1) of the Hazardous Waste (Wales) Regulations 2005 (S.I. 2005/1806 (W.138)), or by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland under regulation 9(1) of the Hazardous Waste Regulations (Northern Ireland) 2005 (S.R. 2005 No. 300)(20), that a specific batch of waste is to be treated as hazardous waste;

(b)a decision made by the Secretary of State under regulation 9(1) of the Hazardous Waste (England and Wales) Regulations 2005, or by the Welsh Ministers under regulation 9(1) of the Hazardous Waste (Wales) Regulations 2005, or by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland under regulation 10(1) of the Hazardous Waste Regulations (Northern Ireland) 2005, that a specific batch of waste is to be treated as non-hazardous waste;

(c)the treating of a specific batch of waste as hazardous or, as the case may be, non-hazardous, in accordance with regulation 8(2) or 9(2) of the Hazardous Waste (England and Wales) Regulations 2005, regulation 8(2) or 9(2) of the Hazardous Waste (Wales) Regulations 2005 or regulation 9(2) or 10(2) of the Hazardous Waste Regulations (Northern Ireland) 2005;

(e)a determination by the Scottish Ministers that a specific batch or type of waste—

(i)is to be treated as hazardous waste because the Scottish Ministers consider that the waste displays one or more of the hazardous properties listed in Annex 3;

(ii)is to be treated as non-hazardous waste because the Scottish Ministers consider that the waste displays none of the hazardous properties listed in Annex 3.”;

(c)paragraphs 2, 3 and 5 were omitted;

(d)after paragraph 6, there were inserted—

“6A. In this Article, the “list of waste” means the list established by Commission Decision 2000/532/EC.”;

(e)paragraph 7 were omitted.

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

(9) In this section—

“appropriate agency” means—

(a)

in relation to England, the Environment Agency;

(b)

in relation to Wales, the Natural Resources Body for Wales;

(c)

in relation to Scotland, the Scottish Environment Protection Agency;

(d)

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

“appropriate 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;

“local authority” means—

(a)

in England outside Greater London—

(i)

a district council,

(ii)

a county council, or

(iii)

the Council of the Isles of Scilly;

(b)

in Greater London—

(i)

the council of a London borough,

(ii)

the Common Council of the City of London,

(iii)

the Sub-Treasurer of the Inner Temple, or

(iv)

the Under-Treasurer of the Middle Temple;

(c)

in Wales—

(i)

a county council, or

(ii)

a county borough council;

(d)

in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

(e)

in Northern Ireland, a district council established under section 1 of the Local Government Act (Northern Ireland) 1972(21).”.

(5) After section 37 insert—

“Meaning of “the Mining Waste Directive” in section 37: England and Wales

37A.—(1) In section 37(4)(a)(iii), “the Mining Waste Directive” means Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries, read in accordance with subsections (2) to (5).

(2) Article 2 is to be read as if—

(a)in paragraph 2(c), the reference to Article 11(3)(j) of Directive 2000/60/EC(22) were a reference to that Article read in accordance with subsection (4);

(b)paragraphs 3 and 4 were omitted.

(3) Article 3(1) is to be read as if, for “Article 1(a) of Directive 75/442/EC(23)” there were substituted “Article 3(1) of the Waste Directive, as read with Articles 5 and 6 of that Directive”.

(4) For the purposes of subsection (2)(a), Article 11(3)(j) of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy is to be read as if—

(a)the reference to “Member States” were a reference to the appropriate authority or appropriate agency;

(b)in the words after the final indent, “environmental objectives”—

(i)in relation to the Northumbria River Basin District, means the environmental objectives referred to in the WFD Regulations as applied by regulation 5 of the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003 (S.I. 2003/3245)(24);

(ii)in relation to the Solway Tweed River Basin District, has the same meaning as in regulation 2 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 (S.I. 2004/99)(25);

(iii)in relation to a river basin district within the meaning of the WFD Regulations, has the same meaning as in those Regulations.

(5) In subsection (4)—

“appropriate agency” and “appropriate authority” have the meanings given in section 37(9);

“the WFD Regulations” means the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 (S.I. 2017/407)(26).”.

Saving: regulations under section 1(1) or 23(2) of the Waste and Emissions Trading Act 2003

7. The amendments made by regulation 6(2) or 6(3) do not affect any regulations made under section 1(1) or 23(2) of the Waste and Emissions Trading Act 2003 before the coming into force of this Part.

PART 4Amendment and revocation of retained direct EU legislation

CHAPTER 1Regulations

Commission Regulation (EU) No 1103/2010 establishing, pursuant to Directive 2006/66/EC of the European Parliament and of the Council, rules as regards capacity labelling of portable secondary (rechargeable) and automotive batteries and accumulators

8.—(1) Commission Regulation (EU) No 1103/2010 establishing, pursuant to Directive 2006/66/EC of the European Parliament and of the Council, rules as regards capacity labelling of portable secondary (rechargeable) and automotive batteries and accumulators is amended as follows.

(2) In Article 1—

(a)in paragraph 1, for “the date referred to in Article 5” substitute “30th November 2010”;

(b)after paragraph 1, insert—

“1A. In paragraph 1, ‘placed on the market’ means supplied or made available, whether in return for payment or free of charge, to a third party within the United Kingdom and includes import into the United Kingdom.”.

(3) Omit Article 5.

(4) After Article 5, omit the words from “This Regulation” to “Member States”.

(5) In Annex 1, after point (1) insert—

“(2) In point (1), “Directive 2006/66/EC” means Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators(27) as last amended by Directive 2013/56/EU of the European Parliament and of the Council(28), and read as if—

(a)in Article 3—

(i)in paragraph 7, for “Article 1(1)(a) of Directive 2006/12/EC(29)” there were substituted “Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive”;

(ii)in paragraph 11, for “Directive 2002/96/EC(30)” there were substituted “Article 3(1)(a) of Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE)(31), as it had effect immediately before 4th July 2018”;

(b)in Article 11—

(i)in the first sentence, for “Member States” there were substituted “The Secretary of State”;

(ii)in the second sentence, for “Member States” there were substituted “the Secretary of State”.

(3) In point (2)(a)(i), “the Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Council Regulation (EU) 2017/997, and read as if—

(a)Article 5(2) were omitted;

(b)in Article 6—

(i)paragraphs 1 to 3 were omitted;

(ii)in paragraph 4—

in the first sentence, for the words from “Where criteria” to “, Member States” there were substituted “Except where Council Regulation (EU) No 333/2011, Commission Regulation (EU) No 1179/2012 or Commission Regulation (EU) No 715/2013 applies, the appropriate agency”;
the second sentence were omitted.

(4) In point (3)(b)(iii), “appropriate agency” means—

(a)in relation to England, the Environment Agency;

(b)in relation to Wales, the Natural Resources Body for Wales;

(c)in relation to Scotland, the Scottish Environment Protection Agency;

(d)in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.”.

(6) In Annex 4, in Part A, after point (4) insert—

“(5) In point (3), ‘appliance’ means any electrical or electronic equipment, as defined by Article 3(1)(a) of Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE), as it had effect immediately before 4th July 2018, which is fully or partly powered by batteries or accumulators or is capable of being so.”.

Council Regulation (EU) No 333/2011 establishing criteria determining when certain types of scrap metal cease to be waste under Directive 2008/98/EC of the European Parliament and of the Council

9.—(1) Council Regulation (EU) No 333/2011 establishing criteria determining when certain types of scrap metal cease to be waste under Directive 2008/98/EC of the European Parliament and of the Council is amended as follows.

(2) In Article 2—

(a)the existing text becomes paragraph 1;

(b)in that paragraph—

(i)in point (e), in the definition of ”importer”—

(aa)for “Union” in the first place it occurs substitute “United Kingdom”;

(bb)for “customs territory of the Union” substitute “United Kingdom”;

(ii)after point (h), insert—

“(i)“competent authority” means—

(i)in relation to England, the Environment Agency;

(ii)in relation to Wales, the Natural Resources Body for Wales;

(iii)in relation to Scotland, the Scottish Environment Protection Agency;

(iv)in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

(j)“EU-derived domestic legislation” has the meaning given by section 2(2) of the European Union (Withdrawal) Act 2018;

(k)“local authority” means—

(i)in England outside Greater London—

a district council,
a county council, or
the Council of the Isles of Scilly;

(ii)in Greater London—

the council of a London borough,
the Common Council of the City of London,
the Sub-Treasurer of the Inner Temple, or
the Under-Treasurer of the Middle Temple;

(iii)in Wales—

a county council, or
a county borough council;

(iv)in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

(v)in Northern Ireland, a district council established under section 1 of the Local Government Act (Northern Ireland) 1972.”.

(3) After Article 2 insert—

“Article 2AModification of Directive 2008/98/EC of the European Parliament and of the Council

1. For the purposes of this Regulation, a reference to Directive 2008/98/EC is a reference to Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Council Regulation (EU) 2017/997, and read in accordance with this Article.

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 competent authority, appropriate authority or local authority which, immediately before exit day, was responsible for the United Kingdom’s compliance with that obligation or able to exercise that discretion.

3. Article 2 is to be read as if—

(a)in paragraph 2—

(i)in the words before point (a), for “other Community legislation” there were substituted “retained EU law”;

(ii)in points (b) and (c), for “Regulation (EC) No 1774/2002” there were substituted “Regulation (EC) No 1069/2009”;

(iii)in point (d), as it extends to England and Wales, for the words from “Directive 2006/21/EC” to the end there were substituted “the Mining Waste Directive”;

(iv)for point (d), as it extends to Scotland, there were substituted—

“(d)extractive waste, which has the same meaning as in regulation 2(1) of the Management of Extractive Waste (Scotland) Regulations 2010.”;

(v)for point (d), as it extends to Northern Ireland, there were substituted—

“(d)extractive waste, which has the same meaning as in regulation 2(2) of the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015.”;

(b)in paragraph 3, the words from “Without prejudice” to “Community legislation,” were omitted;

(c)paragraph 4 were omitted.

4. Article 3(20) is to be read as if for “Article 2(11) of Directive 96/61/EC(32)” there were substituted “Article 3(10) of the Industrial Emissions Directive”.

5. Article 5 is to be read as if paragraph 2 were omitted.

6. Article 6 is to be read as if—

(a)paragraphs 1 to 3 were omitted;

(b)in paragraph 4—

(ii)the second sentence were omitted.

7. Article 7 is to be read as if—

(a)in paragraph 1—

(i)the first and second sentences were omitted;

(ii)in the third sentence, for “shall be binding” there were substituted “shall, subject to paragraph 1A, be binding”;

(b)after paragraph 1, there were inserted—

“1A. Paragraph 1 is subject to—

(a)a determination by the Secretary of State under regulation 8(1) of the Hazardous Waste (England and Wales) Regulations 2005, or by the Welsh Ministers under regulation 8(1) of the Hazardous Waste (Wales) Regulations 2005, or by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland under regulation 9(1) of the Hazardous Waste Regulations (Northern Ireland) 2005, that a specific batch of waste is to be treated as hazardous waste;

(c)the treating of a specific batch of waste as hazardous or, as the case may be, non-hazardous, in accordance with regulation 8(2) or 9(2) of the Hazardous Waste (England and Wales) Regulations 2005, regulation 8(2) or 9(2) of the Hazardous Waste (Wales) Regulations 2005 or regulation 9(2) or 10(2) of the Hazardous Waste Regulations (Northern Ireland) 2005;

(e)a determination by the Scottish Ministers that a specific batch or type of waste—

(i)is to be treated as hazardous waste because the Scottish Ministers consider that the waste displays one or more of the hazardous properties listed in Annex 3;

(ii)is to be treated as non-hazardous waste because the Scottish Ministers consider that the waste displays none of the hazardous properties listed in Annex 3.”;

(c)paragraphs 2, 3 and 5 were omitted;

(d)after paragraph 6 there were inserted—

“6A. In this Article, the “list of waste” means the list established by Commission Decision 2000/532/EC.”;

(e)paragraph 7 were omitted.

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

9. In paragraph 2, “the appropriate 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 Environment Protection Agency;

(d)in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.

Article 2BMeaning of “the Mining Waste Directive” and “the Industrial Emissions Directive”

1. In Article 2A(3)(a)(iii), “the Mining Waste Directive” means Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries, read in accordance with paragraphs 2 and 3.

2. Article 2 is to be read as if—

(a)in paragraph 2(c), the reference to Article 11(3)(j) of Directive 2000/60/EC were a reference to that Article read in accordance with paragraph 7 of this Article;

(b)paragraphs 3 and 4 were omitted.

3. Article 3(1) is to be read as if, for “Article 1(a) of Directive 75/442/EEC” there were substituted “Article 3(1) of Directive 2008/98/EC, as read with Articles 5 and 6 of that Directive”.

4. In Article 2A(4), “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(33), read in accordance with paragraphs 5 and 6.

5. 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 Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation(34)”;

(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(35)”;

(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”.

6. 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(36)” there were substituted “the Urban Waste Water Treatment (England and Wales) Regulations 1994(37)”;

(ii)in point (b), in the words before point (i), for “Directive 91/271/EEC” there were substituted “the Urban Waste Water Treatment (England and Wales) Regulations 1994”;

(c)in point 5.4, the reference to Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste(38) were a reference to the Landfill Directive;

(d)in point 6.9, for “Directive 2009/31/EC(39)” there were substituted “the EU-derived domestic legislation which transposed Directive 2009/31/EC in respect of England and Wales(40)”;

(e)in point 6.11, for “Directive 91/271/EEC” there were substituted “the Urban Waste Water Treatment (England and Wales) Regulations 1994”.

7. For the purposes of paragraph 2(a), Article 11(3)(j) of Directive 2000/60/EC is to be read as if—

(a)the reference to “Member States” were a reference to the appropriate authority or the competent authority;

(b)in the words after the final indent, “environmental objectives”—

(iii)in relation to a river basin district within the meaning of the WFD Regulations, has the same meaning as in those Regulations.

8. In paragraph 6(c), “the Landfill Directive” means Council Directive 1999/31/EC on the landfill of waste, as last amended by Council Directive 2011/97/EU(41), and read as if, in Article 2—

(a)for point (a) there were substituted—

“(a)“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;”;

(b)for point (c) there were substituted—

“(c)“hazardous waste” has the meaning given in Article 3(2) of Directive 2008/98/EC;”.

9. In paragraph 7—

(a)in point (a), “the appropriate authority” has the meaning given by Article 2A(9);

(b)in point (b), “the WFD Regulations” means the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017.”.

(4) In Article 6—

(a)in paragraph 5, in the first sentence, omit the words from “, or any other” to “(EMAS)”;

(b)after paragraph 6 insert—

“6A. In paragraph 6, “independent external verifier” means—

(a)a conformity assessment body as defined in Regulation (EC) No 765/2008;

(b)a conformity assessment body as defined in Regulation (EC) No 765/2008 as it has effect in EU law(42);

(c)any other environmental verifier as defined in Article 2(20)(b) of Regulation (EC) No 1221/2009 as it has effect in EU law(43).”.

(5) After Article 6, insert—

“Article 6AEU exit: transitional provision

1. Paragraph 3 applies to verification obtained in compliance with Article 6 as it had effect immediately before exit day.

2. Paragraph 3 also applies where—

(a)before exit day, a producer or supplier has submitted a management system to a conformity assessment body or an environmental verifier for verification in compliance with Article 6 as it had effect immediately before exit day, and

(b)after exit day, the producer or supplier obtains that verification.

3. Where this paragraph applies, the verification obtained is deemed to be verification for the purposes of Article 6.

4. In paragraph 2, “supplier” means the supplier of a producer or of an importer.”.

(6) Omit Article 7.

(7) After Article 7, omit the words from “This Regulation shall” to “Member States”.

(8) In Annexes 1 and 2, in the first column—

(a)in Section 1.5, omit the second sentence;

(b)in Section 3.3(a), for the words from “Article 6” in the first place it occurs to the end substitute—

“the EU-derived domestic legislation that transposed—

(i)Article 6 of Directive 2000/53/EC of the European Parliament and of the Council on end-of life vehicles(44), as last amended by Commission Directive (EU) 2017/2096(45), and

(ii)Article 8 of Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE), as it had effect immediately before 4th July 2018(46).”.

(9) In Annex 3, in the sixth entry of the table, in the second column, for “customs territory of the Union” substitute “United Kingdom”.

Commission Regulation (EU) No 493/2012 laying down detailed rules regarding the calculation of recycling efficiencies of the recycling processes of waste batteries and accumulators

10.—(1) Commission Regulation (EU) No 493/2012 laying down detailed rules regarding the calculation of recycling efficiencies of the recycling processes of waste batteries and accumulators is amended as follows.

(2) In Article 2—

(a)the existing text becomes paragraph 1;

(b)in that paragraph, after point (4) insert—

“(4A) “waste battery or accumulator” means any battery or accumulator which is waste within the meaning of Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive;

(4B) “disposal” means any of the applicable operations provided for in Annex 1 to the Waste Framework Directive;

(4C) “Directive 2006/66/EC” means Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators, as last amended by Directive 2013/56/EU of the European Parliament and of the Council;”;

(c)after that paragraph, insert—

“2. In paragraph 1, “the Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Council Regulation (EU) 2017/997, read in accordance with paragraphs 3 and 4.

3. Article 5 is to be read as if paragraph 2 were omitted.

4. Article 6 is to be read as if—

(a)paragraphs 1 to 3 were omitted;

(b)in paragraph 4—

(i)in the first sentence, for the words from “Where criteria” to “, Member States” there were substituted “Except where Council Regulation (EU) No 333/2011, Commission Regulation (EU) No 1179/2012 or Commission Regulation (EU) No 715/2013 applies, the appropriate agency”;

(ii)the second sentence were omitted.

5. In paragraph 4(b)(i), “appropriate agency” means—

(a)in relation to England, the Environment Agency;

(b)in relation to Wales, the Natural Resources Body for Wales;

(c)in relation to Scotland, the Scottish Environment Protection Agency;

(d)in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.”.

(3) In Article 3(4) and (6), for “Member State’s competent authorities” substitute “competent authority”.

(4) Omit Article 4.

(5) After Article 4, omit from “This Regulation” to “Member States”.

(6) In Annex 1, after point 6 insert—

“7. For the purposes of point 1, Directive 2006/66/EC is to be read as if “waste battery or accumulator” had the meaning given by Article 2(1)(4A).

8. In point 3, “producer” means any person in the United Kingdom that, irrespective of the selling technique used, including by distance contract, places batteries or accumulators, including those incorporated into appliances or vehicles, on the market for the first time within the United Kingdom on a professional basis.

9. In point 8—

(a)“appliance” means any electrical or electronic equipment, as defined by Article 3(1)(a) of Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE) as it had effect immediately before 4th July 2018, which is fully or partly powered by batteries or accumulators or is capable of being so;

(b)“distance contract” has the meaning given in regulation 5 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013(47);

(c)“placing on the market’ means supplying or making available, whether in return for payment or free of charge, to a third party within the United Kingdom and includes import into the United Kingdom.”.

(7) In Annexes 2 and 3, after point 2 insert—

“3. For the purposes of point 1, Directive 2006/66/EC is to be read as if “waste battery or accumulator” had the meaning given by Article 2(1)(4A).”.

Commission Regulation (EU) No 1179/2012 establishing criteria determining when glass cullet ceases to be waste under Directive 2008/98/EC of the European Parliament and of the Council

11.—(1) Commission Regulation (EU) No 1179/2012 establishing criteria determining when glass cullet ceases to be waste under Directive 2008/98/EC of the European Parliament and of the Council is amended as follows.

(2) In Article 2, in the second paragraph—

(a)after point (1) insert—

“(1A) “competent authority” means—

(a)in relation to England, the Environment Agency;

(b)in relation to Wales, the Natural Resources Body for Wales;

(c)in relation to Scotland, the Scottish Environment Protection Agency;

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

(b)in point (4)—

(i)for “Union” in the first place it occurs substitute “United Kingdom”;

(ii)for “customs territory of the Union” substitute “United Kingdom”.

(3) After Article 2 insert—

“Article 2AModification of Directive 2008/98/EC of the European Parliament and of the Council

3. Article 5 is to be read as if paragraph 2 were omitted.

4. Article 6 is to be read as if—

(a)paragraphs 1 to 3 were omitted;

(b)in paragraph 4—

(ii)the second sentence were omitted.

5. Article 7 is to be read as if—

(a)in paragraph 1—

(i)the first and second sentences were omitted;

(ii)in the third sentence, for “shall be binding” there were substituted “shall, subject to paragraph 1A, be binding”;

(b)after paragraph 1, there were inserted—

“1A. Paragraph 1 is subject to—

(c)the treating of a specific batch of waste as hazardous or, as the case may be, non-hazardous, in accordance with regulation 8(2) or 9(2) of the Hazardous Waste (England and Wales) Regulations 2005, regulation 8(2) or 9(2) of the Hazardous Waste (Wales) Regulations 2005 or regulation 9(2) or 10(2) of the Hazardous Waste Regulations (Northern Ireland) 2005;

(e)a determination by the Scottish Ministers that a specific batch or type of waste—

(i)is to be treated as hazardous waste because the Scottish Ministers consider that the waste displays one or more of the hazardous properties listed in Annex 3;

(ii)is to be treated as non-hazardous waste because the Scottish Ministers consider that the waste displays none of the hazardous properties listed in Annex 3.”;

(c)paragraphs 2, 3 and 5 were omitted;

(d)after paragraph 6 there were inserted—

“6A. In this Article, the “list of waste” means the list established by Commission Decision 2000/532/EC.”;

(e)paragraph 7 were omitted.

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

7. In paragraph 2—

(a)“appropriate authority” means—

(i)in relation to England, the Secretary of State;

(ii)in relation to Wales, the Welsh Ministers;

(iii)in relation to Scotland, the Scottish Ministers;

(iv)in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

(b)“local authority” means—

(i)in England outside Greater London—

a district council,
a county council, or
the Council of the Isles of Scilly;

(ii)in Greater London—

the council of a London borough,
the Common Council of the City of London,
the Sub-Treasurer of the Inner Temple, or
the Under-Treasurer of the Middle Temple;

(iii)in Wales—

a county council, or
a county borough council;

(iv)in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

(v)in Northern Ireland, a district council established under section 1 of the Local Government Act (Northern Ireland) 1972.”.

(4) In Article 5—

(a)in paragraph 4—

(i)in the first sentence, omit the words from “, or an environmental” to ”with that Regulation” in the second place it occurs;

(ii)in the third sentence, for the words from “NACE codes” to the end substitute “UK Standard Industrial Classification (SIC) by Economic Activity, issued under section 9 of the Statistics and Registration Service Act 2007(48), as updated from time to time(49)”;

(iii)in the first and second indents, for “* NACE” substitute “UKSICEA”;

(b)in paragraph 5—

(i)in the second subparagraph, omit the words from “; or by” to the end;

(ii)in the third subparagraph, omit the words from “or Regulation (EC)” to the end;

(c)after paragraph 6, insert—

“7. In paragraph 5, “independent external verifier” means—

(a)a conformity assessment body as defined in Regulation (EC) No 765/2008;

(b)a conformity assessment body as defined in Regulation (EC) No 765/2008 as it has effect in EU law which is accredited by an accreditation body successfully peer evaluated for this activity by the body recognised in Article 14 of that Regulation as it has effect in EU law;

(c)any other environmental verifier as defined in Article 2(20)(b) of Regulation (EC) No 1221/2009 of the European Parliament and of the Council on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) as it has effect in EU law, which is accredited or licensed by an accreditation or licensing body which is subject to peer evaluation according to Article 31 of that Regulation as it has effect in EU law.”.

(5) After Article 5 insert—

“Article 5AEU exit: transitional provision

1. Paragraph 3 applies to verification obtained in compliance with Article 5 as it had effect immediately before exit day.

2. Paragraph 3 also applies where—

(a)before exit day, a producer or supplier of an importer has submitted a management system to a conformity assessment body or an environmental verifier for verification in compliance with Article 5 as it had effect immediately before exit day, and

(b)after exit day, the producer or supplier obtains that verification.

3. Where this paragraph applies, the verification obtained is deemed to be verification for the purposes of Article 5.”.

(6) Omit Article 6.

(7) After Article 6, omit the words from “This Regulation shall” to “Member States”.

(8) In Annex 2, in the fifth entry in the table, in the second column, omit the words from “or by an environmental verifier” to the end.

Commission Regulation (EU) No 715/2013 establishing criteria determining when copper scrap ceases to be waste under Directive 2008/98/EC of the European Parliament and of the Council

12.—(1) Commission Regulation (EU) No 715/2013 establishing criteria determining when copper scrap ceases to be waste under Directive 2008/98/EC of the European Parliament and of the Council is amended as follows.

(2) In Article 2—

(a)the existing text becomes paragraph 1;

(b)in that paragraph, in the second subparagraph—

(i)after point (1) insert—

“(1A) “appropriate authority” means—

(i)in relation to England, the Secretary of State;

(ii)in relation to Wales, the Welsh Ministers;

(iii)in relation to Scotland, the Scottish Ministers;

(iv)in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

(1B) “competent authority” means—

(i)in relation to England, the Environment Agency;

(ii)in relation to Wales, the Natural Resources Body for Wales;

(iii)in relation to Scotland, the Scottish Environment Protection Agency;

(iv)in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

(1C) “EU-derived domestic legislation” has the meaning given by section 2(2) of the European Union (Withdrawal) Act 2018;

(1D) “local authority” means—

(i)in England outside Greater London—

a district council,
a county council, or
the Council of the Isles of Scilly;

(ii)in Greater London—

the council of a London borough,
the Common Council of the City of London,
the Sub-Treasurer of the Inner Temple, or
the Under-Treasurer of the Middle Temple;

(iii)in Wales—

a county council, or
a county borough council;

(iv)in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

(v)in Northern Ireland, a district council established under section 1 of the Local Government Act (Northern Ireland) 1972.”;

(ii)in point (4)—

(aa)for “Union” in the first place it occurs substitute “United Kingdom”;

(bb)for “customs territory of the Union” substitute “United Kingdom”.