Statutory Instruments
Environmental Protection
Made
11th July 2016
Laid before Parliament
12th July 2016
Coming into force
3rd August 2016
The Secretary of State makes these Regulations in exercise of the powers conferred by—
The Secretary of State has in accordance with section 2(4) of the 1999 Act consulted—
the Environment Agency;
such bodies or persons appearing to the Secretary of State to be representative of the interests of local government, industry, agriculture and small businesses as the Secretary of State considers appropriate; and
such other bodies or persons as the Secretary of State considers appropriate.
The Secretary of State is a Minister designated for the purposes of section 2(2) of the 1972 Act in relation to the environment M3.
Marginal Citations
M11972 c.68; section 2(2) was amended by section 27(1) 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).
M21999 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 section 38 of the Waste and Emissions Trading Act 2003 (c.33), by section 105(1) of the Clean Neighbourhoods and Environment Act 2005 (c.16), and by S.I. 2005/925, 2011/1043, 2012/2788 and 2015/664.
1.—(1) These Regulations may be cited as the Waste (Meaning of Recovery) (Miscellaneous Amendments) Regulations 2016 and come into force on 3rd August 2016.
(2) Subject to paragraph (3), an amendment made by these Regulations has the same extent and application as the provision amended.
(3) Regulations 8 and 10 do not apply to Wales.
2. In section 33(13) of the Environmental Protection Act 1990 M4, for “Annex I or II of Directive 2008/98/EC of the European Parliament and of the Council on waste” substitute “ Annex I or II of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste M5 ”.
Marginal Citations
M41990 c.43; section 33(13) was inserted by S.I. 2007/3538 and amended by S.I. 2011/988.
M5OJ No L 312, 22.11.2008, p 3, as last amended by Commission Directive (EU) 2015/1127 (OJ No L 184, 11.07.15, p 13).
3. In section 75(5) of the Marine and Coastal Access Act 2009 M6, for “Directive 2008/98/EC of the European Parliament and of the Council of 18 November 2008 on waste” substitute “ Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste ”.
Marginal Citations
M62009 c.23; section 75(5) was inserted by S.I. 2011/405.
4. In regulation 2 of the End-of-Life Vehicles Regulations 2003 M7, for the definition of “the Waste Directive”, substitute—
““the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste”.
Marginal Citations
M7S.I. 2003/2635, amended by S.I. 2011/988; there are other amending instruments but none is relevant.
5. In regulation 2 of the End-of-Life Vehicles (Producer Responsibility) Regulations 2005 M8, for the definition of “the Waste Directive” substitute—
““the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste”.
Marginal Citations
M8S.I. 2005/263, amended by S.I. 2011/988; there are other amending instruments but none is relevant.
6. In regulation 2(1) of the Hazardous Waste (England and Wales) Regulations 2005 M9, for sub-paragraph (a) substitute—
“(a)“the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste;”.
Marginal Citations
M9S.I. 2005/894; relevant amending instruments are S.I. 2011/988 and 2015/1360.
7. In regulation 2(1) of the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 M10, for the definition of “the Waste Directive” substitute—
““the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste;”.
Marginal Citations
M10S.I. 2007/871, amended by S.I. 2011/988; there are other amending instruments but none is relevant.
8. In regulation 3 of the Environmental Permitting (England and Wales) Regulations 2010 M11, for the definition of “the Waste Framework Directive” substitute—
““the Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste;”.
Marginal Citations
M11S.I. 2010/675, amended by S.I. 2015/1360; there are other amending instruments but none is relevant.
9. In article 3 of the Marine Licensing (Exempted Activities) Order 2011 M12, for the definition of “the Waste Framework Directive” substitute—
““the Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste”.
Marginal Citations
M12S.I. 2011/409, to which there are amendments not relevant to these Regulations.
10. In regulation 3(1) of the Waste (England and Wales) Regulations 2011 M13, for the definition of “the Waste Framework Directive” substitute—
““the Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste;”.
Marginal Citations
M13S.I. 2011/988, to which there are amendments not relevant to these Regulations.
11. In regulation 2 of the Climate Change Agreements (Eligible Facilities) Regulations 2012 M14, for the definition of “the Waste Framework Directive” substitute—
““the Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste;”.
Marginal Citations
M14S.I. 2012/2999, to which there are amendments not relevant to these Regulations.
12. In regulation 4(10)(d) of the Waste and Emissions Trading Act 2003 (Amendment etc.) Regulations 2013 M15, for “Directive 2008/98/EC on waste” substitute “ Directive 2008/98/EC of the European Parliament and of the Council on waste ”.
Marginal Citations
13. In regulation 2 of the Waste Electrical and Electronic Equipment Regulations 2013 M16—
(a)omit the definition of “the Waste Directive”; and
(b)after the definition of “the Directive”, insert—
““the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste;”.
Marginal Citations
M16S.I. 2013/3113, to which there are amendments not relevant to these Regulations.
Rory Stewart
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
11th July 2016
(This note is not part of the Regulations)
These Regulations make amendments to various enactments which define waste “recovery” by reference to Directive 2008/98/EC of the European Parliament and of the Council on waste (OJ No L 312, 22.11.08, p 3) (“the Waste Framework Directive”). Annex II to the Waste Framework Directive was amended by Commission Directive (EU) 2015/1127 (OJ No L 184, 11.07.15, p 13), adding a climate correction factor into the energy efficiency formula used to determine whether an incineration facility dedicated to the processing of municipal solid waste is considered a recovery operation (recovery operation “R1” in Annex II).
These Regulations implement Commission Directive (EU) 2015/1127 by updating relevant references to the Waste Framework Directive. The effect of section 20A of the Interpretation Act 1978 (c.30) is that each updated reference to the Waste Framework Directive is to the Waste Framework Directive as last amended by Commission Directive (EU) 2015/1127.
An impact assessment has not been produced for this instrument as no impact on the public, private or voluntary sector is foreseen.