3.—(1) Article 2 (interpretation) is amended as follows.
(2) In paragraph (1) for paragraph (b) of the definition of “waste” substitute—
“(b)does not include landfill gas, sewage gas or any substance intentionally modified or contaminated to fall within the meaning of “waste” given in Article 3(1) of that Directive(1).”.
(3) After paragraph (6) insert—
“(7) A reference in this Order to residue does not, in the case of residue from processing, include a reference to any substance that is a primary aim of a production process or that the process has been deliberately modified to produce.”.
Directive 2008/98/EC of the European Parliament and of the Council of 19th November 2008 on waste and repealing certain Directives, O.J. No. L 312, 22.11.2008, p.3.