Amendment of the Environmental Permitting (England and Wales) Regulations 20107

1

The Environmental Permitting (England and Wales) Regulations 2010 M1 are amended as follows.

2

In regulation 3 (interpretation: Directives)—

a

for the definition of “the Waste Framework Directive”M2, 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 M3.

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”.