The Hazardous Waste (Miscellaneous Amendments) Regulations 2015

Statutory Instruments

2015 No. 1360

Environmental Protection

The Hazardous Waste (Miscellaneous Amendments) Regulations 2015

Made

5th June 2015

Laid before Parliament

9th June 2015

Coming into force

1st July 2015

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

(a)

section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 M1 (“the ECA 1972”); and

(b)

section 2 of, and Schedule 1 to, the Pollution Prevention and Control Act 1999 (“the PPCA 1999”) M2 .

The Secretary of State has been designated for the purposes of section 2(2) of the ECA 1972 in relation to the environment M3 and batteries and accumulators M4 .

These Regulations make provision for a purpose mentioned in section 2(2) of the ECA 1972 and it appears to the Secretary of State that it is expedient for the references to the European Union instrument mentioned in regulations 2(b), 3(4), 5(b), 7(3)(a)(i), 8(2) and 9 to be construed as references to that instrument as amended from time to time.

The Secretary of State has in accordance with section 2(4) of the PPCA 1999 consulted—

(a)

the Environment Agency;

(b)

such bodies or persons appearing to the Secretary of State to be representative of the interests of local government, industry, agriculture and small businesses respectively as the Secretary of State considers appropriate; and

(c)

such other bodies or persons as the Secretary of State considers appropriate.

Marginal Citations

M1 1972 c.68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and was amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 and by S.I. 2007/1388. Under paragraph 5 of Schedule 3 to the Government of Wales Act 2006 (c.32), despite the transfer to the Welsh Ministers of functions in relation to implementing obligations under EU law in relation to devolved matters, the Secretary of State retains power to exercise such functions as regards Wales. Under section 57 of the Scotland Act 1998 (c.46), despite the transfer to the Scottish Ministers of functions in relation to implementing obligations under EU law in respect of devolved matters, the function of the Secretary of State in relation to implementing those obligations continues to be exercisable as regards Scotland.

M2 1999 c.24; section 2 was amended by section 62(13) of the Water Act 2014 (c.21) and by S.I. 2013/755 (W.90). Schedule 1 was amended by S.I. 2005/925, 2011/1043 and 2012/2788.

M3 S.I. 2008/301.

M4 S.I. 2007/3471.

Citation, commencement and application U.K.

1.—(1) These Regulations may be cited as the Hazardous Waste (Miscellaneous Amendments) Regulations 2015 and come into force on 1st July 2015.

(2) Regulations 7 to 9 and 11 apply to England only.

Amendment of the Environmental Protection Act 1990 U.K.

2.  In section 62A of the Environmental Protection Act 1990 M5 (lists of waste displaying hazardous properties)—

(a) in each of subsections (1)(b) and (2)(b), for “Directive 2008/98/EC”M6 , substitute “Directive 2008/98/EC”;

(b) in subsection (3), for “Commission Decision 2000/532/EC”M7 , substitute “Commission Decision 2000/532/EC, as amended from time to time”.

Marginal Citations

M5 1990 c.43; section 62A was inserted by S.I. 2005/894 and amended by S.I. 2011/988.

M6 OJ No L 312, 22.11.2008, p.3, as last amended by Commission Regulation (EU) No 1357/2014 (OJ No L 365, 19.12.2014, p.89). The effect of section 20A of the Interpretation Act 1978 (c.30) is that the updated references to Directive 2008/98/EC are to the Directive as last amended by Commission Regulation (EU) No 1357/2014.

M7 OJ No L 226, 6.9.2000, p.3, as last amended by Commission Decision 2014/955/EU (OJ No L 370, 30.12.2014, p.44).

Amendment of the Hazardous Waste (England and Wales) Regulations 2005 U.K.

3.—(1) The Hazardous Waste (England and Wales) Regulations 2005 M8 are amended as follows.

(2) For paragraph (1)(a) of regulation 2 M9 (the Waste Directive and the meaning of waste), substitute—

“(a) “the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste;”.

(3) In paragraph (a) of regulation 3 M10 (Annex III to the Waste Directive), omit “, as that Annex is set out in Schedule 3”.

(4) For paragraph (1) of regulation 4 M11 (the List of Wastes), substitute—

“(1) In these Regulations, “the List of Wastes” means the list of wastes established by Commission Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste, as amended from time to time.”.

(5) In paragraph (2) of regulation 8 (specific waste to be treated as hazardous), for “Article 3 of the List of Wastes Decision”, substitute “ Article 7(2) of the Waste Directive ”.

(6) In paragraph (2) of regulation 9 (specific waste to be treated as non-hazardous), for “Article 3 of the List of Wastes Decision”, substitute “ Article 7(3) of the Waste Directive ”.

(7) Omit Schedule 3 M12 (Annex III to the Waste Directive).

(8) For Schedule 8 (form of consignee's return to producer or holder), substitute the text at Schedule 1 (new Schedule 8).

Marginal Citations

M8 S.I. 2005/894, amended by S.I. 2011/988; there are other amending instruments but none is relevant.

M9 Regulation 2 was substituted by S.I. 2011/988.

M10 Regulation 3 was substituted by S.I. 2011/988.

M11 Paragraph (1) of regulation 4 was amended by S.I. 2011/988.

M12 Schedule 3 was substituted by S.I. 2011/988.

Amendment of the Batteries and Accumulators (Placing on the Market) Regulations 2008 U.K.

4.  For the definition of “appliance” in paragraph (1) of regulation 2 of the Batteries and Accumulators (Placing on the Market) Regulations 2008 M13 (interpretation), substitute—

““appliance” means any electrical or electronic equipment, as defined by Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE) M14 , which is fully or partly powered by batteries or accumulators or is capable of being so;”.

Marginal Citations

M13 S.I. 2008/2164, to which there are amendments not relevant to these Regulations.

M14 OJ No L 197, 24.7.2012, p.38.

Amendment of the Cremation (England and Wales) Regulations 2008 U.K.

5.  In regulation 29 of the Cremation (England and Wales) Regulations 2008 M15 (incineration of body parts)—

(a) in paragraph (1), for “listed in code 18 01 02 or 18 01 03 of Schedule 1 to the List of Wastes Regulations”, substitute “ falling within the description of code 18 01 02 or 18 01 03 in the List of Wastes ”;

(b) in paragraph (2), for the definition of “List of Wastes Regulations”, substitute—

““List of Wastes” means the list of wastes established by Commission Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste, as amended from time to time;”.

Marginal Citations

M15 S.I. 2008/2841, to which there are amendments not relevant to these Regulations.

Amendment of the Waste Batteries and Accumulators Regulations 2009 U.K.

6.  For the definition of “appliance” in paragraph (1) of regulation 2 of the Waste Batteries and Accumulators Regulations 2009 M16 (interpretation), substitute—

““appliance” means any electrical or electronic equipment, as defined by Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE), which is fully or partly powered by batteries or is capable of being so;”.

Marginal Citations

M16 S.I. 2009/890, to which there are amendments not relevant to these Regulations.

Amendment of the Environmental Permitting (England and Wales) Regulations 2010 U.K.

7.—(1) The Environmental Permitting (England and Wales) Regulations 2010 M17 are amended as follows.

(2) In regulation 3 (interpretation: Directives)—

(a) for the definition of “the Waste Framework Directive”M18 , substitute—

““the Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste;”;

(b) for the definition of “the WEEE Directive”, substitute—

““the WEEE Directive” means Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE).”.

(3) In Part 1 of Schedule 3 (exempt facilities: descriptions and conditions)—

(a) in paragraph 1 of chapter 1—

(i) in sub-paragraph (1), at the appropriate place insert—

““List of Wastes” means the list of wastes established by Commission Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste, as amended from time to time;”;

(ii) for sub-paragraph (2), substitute—

“(2) In this Part, a six digit code used to refer to a waste is a reference to the waste specified by the six digit code in the List of Wastes except insofar as the waste in this Part in relation to such a code does not include some of the types of waste specified by the code in the List”;

(b) in section 2 of chapter 3—

(i) in paragraph 1—

(aa) in sub-paragraph (3)(e), for “dangerous substance”, substitute “ hazardous substance ”;

(bb) for sub-paragraph (5), substitute—

“(5) In this paragraph, “hazardous substance” means a substance classified as hazardous as a consequence of fulfilling the criteria laid down in Parts 2 to 5 of Annex I to Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures M19 .”;

(ii) in the second column of the row beginning “160504*” in the table at sub-paragraph (2) of paragraph 15, for “dangerous substances”, substitute “ hazardous substances ”;

(c) in section 2 of chapter 5, in the second column of the row beginning “150202*” in the table at sub-paragraph (2) of paragraph 1, for “dangerous substances”, substitute “ hazardous substances ”.

(4) In Schedule 12 (waste electrical and electronic equipment)—

(a) in sub-paragraph (1) of paragraph 2, for “Article 3(b)”, substitute “ Article 3(1)(e) ”;

(b) in paragraph 3—

(i) in sub-paragraph (1), for “Article 6(1) first paragraph and Article 6(3) and (4)”, substitute “ Articles 8(1) to (3) and 9(3) ”;

(ii) for sub-paragraph (2), substitute—

“(2) But when interpreting the WEEE Directive for the purposes of this paragraph, ignore the following words in Article 9(3)—

(a) “or the registration referred to in paragraphs 1 and 2”; and

(b) “and for the achievement of the recovery targets set out in Article 11”.”.

Marginal Citations

M17 S.I. 2010/675, amended by S.I. 2011/988; there are other amending instruments but none is relevant.

M18 The definition of “the Waste Framework Directive” in regulation 3 was substituted by S.I. 2011/988.

M19 OJ No L 353, 31.12.2008, p.1, as last amended by Commission Regulation (EU) No 1297/2014 (OJ No L 350, 6.12.2014, p.1).

Amendment of the Waste (England and Wales) Regulations 2011 U.K.

8.—(1) The Waste (England and Wales) Regulations 2011 M20 are amended as follows.

(2) In paragraph (1) of regulation 3 M21 (interpretation), at the appropriate place insert—

““the List of Wastes” means the list of wastes established by Commission Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste, as amended from time to time;”.

(3) In paragraph (2)(a) of regulation 35 M22 (waste information), omit “(England) Regulations 2005 or, as the case may be, the List of Wastes (Wales) Regulations 2005”.

(4) For sub-paragraph (3)(b) of paragraph 11 of Schedule 1 (waste prevention programmes and waste management plans), substitute—

“(b) naturally occurring material falling within the description of code 17 05 04 in the List of Wastes.”.

Marginal Citations

M20 S.I. 2011/988; relevant amending instruments are S.I. 2013/755 and 2014/656.

M21 Regulation 3 was amended by S.I. 2013/755.

M22 Paragraph 2 of regulation 3 was amended by S.I. 2014/656.

Amendment of the Controlled Waste (England and Wales) Regulations 2012 U.K.

9.  In paragraph 1 of Schedule 1 to the Controlled Waste (England and Wales) Regulations 2012 M23 (household, industrial and commercial waste), for paragraph (c) of the definition of “offensive waste”, substitute—

“(c) falls within the description of code 18 01 04, 18 02 03 or 20 01 99 in the list of wastes established by Commission Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste, as amended from time to time;”.

Marginal Citations

M23 S.I. 2012/811, to which there are amendments not relevant to these Regulations.

Revocations U.K.

10.  The following Regulations are revoked—

(a) the List of Wastes (England) Regulations 2005 M24 ;

(b) the List of Wastes (England) (Amendment) Regulations 2005 M25 .

Marginal Citations

M24 S.I. 2005/895, amended by S.I. 2005/1673, 2011/988 and 2013/141.

M25 S.I. 2005/1673.

Transitional provisions U.K.

11.  Schedule 2 (modifications to permits etc.) has effect.

Rory Stewart

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

5th June 2015

Regulation 3(8)

SCHEDULE 1 U.K. New Schedule 8

Regulation 54

“SCHEDULE 8 U.K. Form of consignee's return to producer or holder

”

Regulation 11

SCHEDULE 2 U.K. Modifications to permits etc.

Modifications relating to hazardous waste codes U.K.

1.—(1) Any reference in a permit or standard rule to an outdated hazardous waste code is taken to be a reference to the equivalent updated code in accordance with the following correlation table—

Outdated code	Updated code
H1 (explosive)	HP1 (explosive)
H2 (oxidizing)	HP2 (oxidising)
H3-A (highly flammable)	HP3 (flammable)
H3-B (flammable)	HP3 (flammable)
H4 (irritant)	HP4 (irritant – skin irritation and eye damage)
H5 (harmful)	HP5 (specific target organ toxicity (STOT)/aspiration toxicity); and HP6 (acute toxicity)
H6 (toxic)	HP5 (specific target organ toxicity (STOT)/aspiration toxicity); and HP6 (acute toxicity)
H7 (carcinogenic)	HP7 (carcinogenic)
H8 (corrosive)	HP8 (corrosive)
H9 (infectious)	HP9 (infectious)
H10 (toxic for reproduction)	HP10 (toxic for reproduction)
H11 (mutagenic)	HP11(mutagenic)
H12 (waste which releases toxic or very toxic gases in contact with water, air or an acid)	HP12 (release of an acute toxic gas)
H13 (sensitizing)	HP13 (sensitising)
H14 (ecotoxic)	HP14 (ecotoxic)
H15 (waste capable by any means, after disposal, of yielding another substance, e.g. a leachate, which possesses any of the characteristics listed above)	HP15 (waste capable of exhibiting a hazardous property listed above not directly displayed by the original waste)

(2) In this paragraph—

“outdated hazardous waste code” means a code or description of a code set out in Annex III to Directive 2008/98/EC of the European Parliament and of the Council on waste (properties of waste which render it hazardous), as adopted on 19th November 2008 M26 ;

“updated code” means a code or description of a code set out in Annex III to Directive 2008/98/EC of the European Parliament and of the Council on waste, as amended by Commission Regulation (EU) No 1357/2014 replacing Annex III to Directive 2008/98/EC of the European Parliament and of the Council on waste M27 .

Marginal Citations

M26 OJ No L 312, 22.11.2008, p.3.

M27 OJ No L 365, 19.12.2014, p.89.

Modifications relating to list of wastes codes U.K.

2.—(1) Any reference in a permit or standard rule to a six-digit code in the outdated List of Wastes is taken to be a reference to the equivalent six-digit code in the updated List.

(2) In sub-paragraph (1)—

“outdated List of Wastes” means—

(a)

the EU List of Wastes, as adopted on 3rd May 2000 M28 ;

(b)

the EU List of Wastes, as amended by Commission Decision 2001/118/EC amending Decision 2000/532 as regards the list of wastes M29 ;

(c)

the EU List of Wastes, as last amended by Commission Decision 2001/119/EC amending Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste M30 ;

(d)

the EU List of Wastes, as last amended by Council Decision 2001/573/EC amending Commission Decision 2000/532/EC as regards the list of wastes M31 ; or

(e)

any of those lists as they were from time to time set out in the List of Wastes (England) Regulations 2005;

“six-digit code” means a six-digit code or a description of a six-digit code;

“updated List” means the list established by the EU List of Wastes, as last amended by Commission Decision 2014/955/EU amending Decision 2000/532/EC on the list of waste pursuant to Directive 2008/98/EC of the European Parliament and of the Council M32 .

(3) In sub-paragraph (2), “the EU List of Wastes” means Commission Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste.

Marginal Citations

M28 OJ No L 226, 6.9.2000, p.3.

M29 OJ No L 47, 16.2.2001, p.1.

M30 OJ No L 47, 16.2.2001, p.32.

M31 OJ No L 203, 28.7.2001, p.18.

M32 OJ No L 370, 30.12.2014, p.44.

Meaning of permit and standard rule U.K.

3.  In this Schedule—

“permit” has the meaning given to “environmental permit” in regulation 13(1) of the Environmental Permitting (England and Wales) Regulations 2010 M33 and includes a marine licence granted under Part 4 of the Marine and Coastal Access Act 2009 M34 ;

“standard rule” means any rule published under regulation 26(5) of the Environmental Permitting (England and Wales) Regulations 2010.

Marginal Citations

M33 S.I. 2010/675, to which there are amendments not relevant to these Regulations.

M34 2009 c.23.

Explanatory Note

(This note is not part of the Regulations)

These Regulations make amendments to enactments which concern hazardous waste or cross-refer to other enactments or European Union instruments concerning hazardous waste.

Directive 2008/98/EC of the European Parliament and of the Council on waste (Directive OJ No L 312, 22.11.08, p.3) (“the Directive”) was amended on 19th December 2014 by Commission Regulation (EU) No 1357/2014 (OJ No L 365, 19.12.14, p.89). Accordingly, paragraph (a) of regulation 2 updates references to the Directive in subsections (1)(b) and (2)(b) of section 62A of the Environmental Protection Act 1990 (c.43) (“the EPA 1990”). Other enactments are similarly updated (regulations 3(2) and 7(2)(a)).

On 30th December 2014 Commission Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (OJ No L 226, 6.9.2000, p.3) (“the List of Wastes”) was amended by Commission Decision 2014/955/EU (OJ No L 370, 30.12.2014, p.44). Paragraph (b) of regulation 2 amends subsection (3) of section 62A of the EPA 1990 such that the reference to the List of Wastes is a reference to that List as amended from time to time. Other enactments are amended with like effect (regulations 2(b), 3(4), 5(b), 7(3)(a)(i), 8(2) and 9).

Regulations 4, 6 and 7(2)(b) and (4) amend enactments as a consequence of Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE) (OJ No L 197, 24.7.2012, p.38). Regulation 10 revokes the List of Wastes (England) Regulations 2005 (S.I. 2005/895) and the List of Wastes (England) (Amendment) Regulations 2005 (S.I. 2005/1673). Schedule 2 contains transitional provisions.

An impact assessment has not been done for this instrument as no impact on business, the voluntary sector or the public sector is foreseen.