PART 5Amendments to retained direct EU legislation

Amendments to Annex 1C102

1

Annex 1C is amended as follows.

2

In paragraph 2, in the second sentence, for “The European Community Regulation” substitute “This Regulation”.

3

In paragraph 3, in the fourth sentence, for “Within the EU, the” substitute “The”.

4

In paragraph 21—

a

in the third sentence, for “Annexes IIA or IIB of Directive 2006/12/EC on waste” substitute “Annex 1 or 2 of Directive 2008/98/EC42”;

b

for the final sentence, substitute—

If the recovery or disposal facility is a relevant facility, evidence (e.g. a declaration certifying its existence) of a valid permit issued in accordance with the relevant regulations must be provided in an annex.

In this paragraph—

  • “relevant facility” means—

    1. a

      in relation to England and Wales, a “Part A installation” within the meaning of regulation 2(1) of the Environmental Permitting (England and Wales) Regulations 201643;

    2. b

      in relation to Northern Ireland, an “installation” or “mobile plant” within the meaning of regulation 2(1) of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 201344;

    3. c

      in relation to Scotland, an “installation” or “mobile plant” within the meaning of regulation 2(1) of the Pollution Prevention and Control (Scotland) Regulations 201245;

  • “relevant regulations” means—

    1. a

      in relation to England and Wales, the Environmental Permitting (England and Wales) Regulations 2016;

    2. b

      in relation to Northern Ireland, the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;

    3. c

      in relation to Scotland, the Pollution Prevention and Control (Scotland) Regulations 2012.

5

In paragraph 22—

a

in the first sentence, for “Annexes IIA or IIB of Directive 2006/12/EC on waste” substitute “Annex 1 or 2 of Directive 2008/98/EC”;

b

in the fifth sentence, for “Community” substitute “United Kingdom”.

6

In paragraph 25—

a

in point (a) omit “Article 63 of this Regulation or”;

b

in point (c), for the words from “European Union” to the end substitute “The codes included in Commission Decision 2000/532/EC should be used”;

c

in point (g), in the second sentence omit “of the European Parliament and of the Council”.

7

In paragraph 41, in the third sentence, for “Annexes IIA or IIB of Directive 2006/12/EC on waste” substitute “Annex 1 or 2 of Directive 2008/98/EC”.

8

In paragraph 44, in the second sentence, after “including” insert “, where appropriate,”.

9

In paragraph 47, in the third sentence, for “Annexes IIA or IIB of Directive 2006/12/EC on waste” substitute “Annex 1 or 2 of Directive 2008/98/EC”.

10

In paragraph 50, from “customs offices” to the end substitute “general customs officials (designated as such under section 3(1) of the Borders, Citizenship and Immigration Act 2009).”.