PART 3Amendments to subordinate legislation made under the European Union (Withdrawal) Act 2018

Amendments to TSWR 200713

The Transfrontier Shipment of Waste Regulations 2007 are amended in accordance with regulations 14 to 43.

Amendment to regulation 614

In regulation 6, in the words before paragraph (a), omit “for the purposes of the Community Regulation”.

Amendment to regulation 715

In regulation 7—

a

in paragraph (1), omit “for the purposes of the Community Regulation”;

b

in paragraph (2), at the end insert “under the Community Regulation”.

Omission of regulation 816

Omit regulation 8.

Omission of regulation 1017

Omit regulation 10.

Amendment to Part 2 heading18

For the heading of Part 2, substitute—

UK Plan for Shipments of Waste

Omission of regulation 1119

Omit regulation 11 (as it forms part of the law of each of England and Wales, Scotland and Northern Ireland).

New regulation 11A20

Before regulation 12, insert—

UK Plan for Shipments of Waste: continuation and changes11A

1

The UK Plan for Shipments of Waste of May 20128 continues to have effect.

2

The Secretary of State may from time to time amend or replace the UK Plan for Shipments of Waste of May 2012; and that plan, as amended or replaced, is referred to in this Part as “the UK Plan”.

3

Before amending or replacing the UK Plan, the Secretary of State must be satisfied that the change meets the objectives set out in—

a

Article 4(2)(b) and (d) and (9)(a) of the Basel Convention9; and

b

paragraphs 1 to 3 of Schedule 1 to the Waste (England and Wales) Regulations 201110, reading those paragraphs as if—

i

the objectives in those paragraphs related to the United Kingdom as a whole;

ii

in paragraph 2(2), the reference to the appropriate authority were a reference to the Secretary of State.

Amendments to regulation 1221

In regulation 12(1)—

a

in the words before sub-paragraph (a), for “a waste management plan” substitute “amending or replacing the UK Plan”;

b

in sub-paragraph (a), for “plan” substitute “proposals”.

Amendments to regulation 1322

1

Regulation 13 is amended as follows.

2

In paragraph (1), for “a waste management plan” substitute “amending or replacing the UK Plan”.

3

In paragraph (2)—

a

in the words before sub-paragraph (a), for “a waste management plan” substitute “amending or replacing the UK Plan”;

b

in sub-paragraph (c), for “adopted the waste management plan” substitute “amended or replaced the UK Plan”.

4

In paragraph (3)(a), for “waste management plan” substitute “proposals”.

Amendment to regulation 1423

In regulation 14, in the words before paragraph (a), for “send a copy of the waste management plan” substitute “, on amending or replacing the UK Plan, send a copy of it”.

Amendment to regulation 1524

In regulation 15—

a

in the words before paragraph (a), for “waste management plan” substitute “UK Plan”;

b

in paragraph (a), for “that plan” substitute “the UK Plan”;

c

in paragraph (b), for “that plan” substitute “the UK Plan”.

Amendment to regulation 1625

In regulation 16 (as it forms part of the law of each of England and Wales, Scotland and Northern Ireland) for “a waste management plan made under this Part” substitute “the UK Plan”.

Amendment to Part 4 heading26

In the heading of Part 4, for the words from “within” to the end substitute “between the United Kingdom and EU countries”.

Amendments to regulation 1927

In regulation 19(1)—

a

after “originates in” insert “the United Kingdom or”;

b

for “another member State” substitute “an EU country”;

c

for “third country” substitute “non-EU country”.

Amendments to regulation 2028

In regulation 20(1)—

a

after “originates in” insert “the United Kingdom or”;

b

for “another member State” substitute “an EU country”;

c

for “third country” substitute “non-EU country”.

Amendment to Part 5 heading29

In the heading of Part 5, for the words from “third countries” to the end substitute “non-EU countries”.

Amendments to regulation 2130

In regulation 21—

a

in the heading, after “than to” insert “EU or”;

b

for “third” substitute “non-EU”;

c

after “circumstances, to” insert “EU or”.

Amendment to regulation 2331

In regulation 23—

a

in the heading, after “recovery to” insert “non-EU,”;

b

after “recovery in a” insert “non-EU”.

Amendments to regulation 23A32

In regulation 23A—

a

in the heading, after “or IIIA to” insert “non-EU,”;

b

in paragraph (2), after “being a” insert “non-EU”;

c

in paragraph (3), after “any other” insert “non-EU”.

Amendments to regulation 23B33

In regulation 23B—

a

in the heading, after “IIIetc. to” insert “non-EU,”;

b

in paragraph (1)(a), after “in a” insert “non-EU”.

Amendments to regulation 2434

In regulation 24—

a

in the heading, after “recovery to” insert “non-EU”;

b

in paragraph (1), after “in any” insert “non-EU”.

Amendments to regulation 2735

In regulation 27—

a

in the heading, after “from a” insert “non-EU”;

b

in paragraph (1), after “from a” insert “non-EU”.

Amendments to regulation 2936

In regulation 29—

a

in the heading, for “an” insert “a non-EU”;

b

in paragraph (1), after “through a” insert “non-EU”;

c

in paragraph (2), after “through, an” insert “EU or”.

Amendments to regulation 3037

In regulation 30—

a

in the heading, after “from a” insert “non-EU,”;

b

in paragraph (1)—

i

in sub-paragraph (a), after “from a” insert “non-EU”;

ii

in sub-paragraph (b), after “through a” insert “non-EU”;

c

in paragraph (2), after “imports from” insert “non-EU,”.

Amendments to regulation 3238

In regulation 32—

a

in paragraph (1)(a), for “third” substitute “non-EU”;

b

in paragraph (2), for “third” substitute “non-EU”.

Amendments to regulation 3339

In regulation 33—

a

in the heading, after “recovery:” insert “non-EU,”;

b

in paragraph (1)(a), after “for, a” insert “non-EU”.

Amendments to regulation 3440

In regulation 34—

a

in the heading, after “recovery:” insert “EU”;

b

in paragraph (1)(a), after “for, a” insert “EU”.

Amendments to regulation 3541

In regulation 35—

a

in the heading—

i

after “between” insert “EU or”;

ii

after “countries and” insert “non-EU,”;

b

for paragraph (1) substitute—

1

This regulation applies to waste destined for recovery that—

a

originates from a non-EU country to which the OECD Decision does not apply and is destined for an EU country or a country to which the OECD Decision applies; or

b

originates from an EU country or a country to which the OECD Decision applies and is destined for a non-EU country to which the OECD Decision does not apply.

c

in paragraph (2)—

i

after “between” insert “EU or”;

ii

after “Decision and” insert “non-EU,”.

Omission of regulation 6042

Omit regulation 60.

Omission of Schedule 143

Omit Schedule 1.