PART 1U.K.GENERAL

[F1Modification of the DirectiveU.K.

2A.—(1) For the purposes of these Regulations, the Directive is to be read in accordance with this regulation.

(2) A reference to one or more member States or the competent authorities in a provision imposing an obligation or providing a discretion on a member State, member States or competent authority is to be read as a reference to the national authority or appropriate authority which, immediately before IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion.

(3) A reference to a term in the Directive which is defined in regulation 2 to these Regulations is to be read as if it had the meaning given in regulation 2.

(4) Article 3 is to be read as if paragraphs 1(e), (f) and (l) and (2) were omitted.

(5) Article 5(2)(e) is to be read as if “and Union” were omitted.

(6) Article 8 is to be read as if—

(a)paragraph 4 were omitted;

(b)in paragraph 5, the second to fifth subparagraphs were omitted.

(7) Article 9 is to be read as if—

(a)in paragraphs 1 and 2, for “Directive 2008/98/EC” there were substituted “ the Waste Directive ”;

(b)in paragraph 3, for the words “Article 11” there were substituted “paragraphs 23 and 24 of Schedule 11 to the Waste Electrical and Electronic Equipment Regulations 2013;

(c)after paragraph 3, there were inserted—

“4.  In paragraph 3, “permit”—

(a)in relation to England and Wales, means an environmental permit issued under regulation 13(1) of the Environmental Permitting Regulations 2016;

(b)in relation to Northern Ireland, means—

(i)a waste management licence granted under Article 6 of the Waste and Contaminated Land (Northern Ireland) Order 1997, or

(ii)a permit granted under regulation 10 of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;

(c)in relation to Scotland, means a site licence issued under section 35 of the Environmental Protection Act 1990 or a permit issued under regulation 13 of the Pollution Prevention and Control (Scotland) Regulations 2012.”.

(8) Article 11 is to be read as if paragraphs 3 and 6 were omitted.

(9) Annex 7 is to be read as if, in paragraph 1—

(a)in the first subparagraph—

(i)in the first indent, for the words from “Council Directive 96/59/EC” to the end there were substituted “ the relevant PCB legislation ”;

(ii)in the thirteenth indent, for the words from “Commission Directive 97/69/EC” to the end there were substituted “ Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures ”;

(iii)in the fourteenth indent, for the words from “Article 3” to the end there were substituted “ Annex 7 to the Basic Safety Standards Directive ”;

(b)in the second subparagraph, for “Directive 2008/98/EC” there were substituted “ the Waste Directive ”.

(10) Annex 8 is to be read as if, in paragraph 1, in the words before the first indent, the words from “(without prejudice” to “landfill of waste)” were omitted.

(11) In paragraph (8)(a)(i), the “relevant PCB legislation” means—

(a)in relation to England and Wales, the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000;

(b)in relation to Scotland, the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (Scotland) Regulations 2000;

(c)in relation to Northern Ireland, the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) Regulations (Northern Ireland) 2000.]

Textual Amendments