The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2018

Amendments to Article 2

10.—(1) Article 2 is amended as follows.

(2) The existing paragraph becomes paragraph 1 of that Article.

(3) In paragraph 1—

(a) in point (a)—

(i) after “available” insert “in the United Kingdom”;

(ii) for “customs territory of the Community” substitute “United Kingdom from a country other than one which is a member state on exit day”;

(b) in point (b), for “preparations” substitute “mixtures”;

(c) for points (c) to (g) substitute—

“(c) ‘substance’ has the meaning given by Article 2(7) of Regulation (EC) No 1272/2008;

(d) ‘mixture’ has the meaning given by Article 2(8) of Regulation (EC) No 1272/2008;

(e) ‘waste’ has the meaning given by Article 3(1) of Directive 2008/98/EC(1);

(f) ‘disposal’ has the meaning given by Article 3(19) of Directive 2008/98/EC;

(g) ‘recovery’ has the meaning given by Article 3(15) of Directive 2008/98/EC;

(h) ‘third country’ means a country other than the United Kingdom;

(i) ‘competent authority’ means—

(i) for England, the Environment Agency;

(ii) for Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

(iii) for Scotland, the Scottish Environment Protection Agency;

(iv) for Wales, the Natural Resources Body for Wales.”.

(4) After paragraph 1 insert—

“2.   In this Regulation, “Directive 2008/98/EC” means Directive 2008/98/EC as amended by—

(a) Commission Regulation (EU) No 1357/2014(2);

(b) Commission Directive (EU) 2015/1127(3); and

(c) Council Regulation (EU) 2017/997(4),

and read in accordance with paragraphs 3 and 4.

3.   Article 5 of Directive 2008/98/EC is to be read as if paragraph 2 were omitted.

4.   Article 6 of Directive 2008/98/EC is to be read as if—

(a) paragraphs 1 to 3 were omitted;

(b) in paragraph 4—

(i) in the first sentence, for the words from the beginning to “Member States” there were substituted “Except where Council Regulation (EU) No 333/2011, Commission Regulation (EU) No 1179/2012 or Commission Regulation (EU) No 715/2013 applies, the competent authority within the meaning given by Article 2(1)(i) of Regulation (EC) No. 850/2004”;

(ii) the second sentence were omitted.”.

(1)

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

(2)

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

(3)

OJ No. L 184, 11.7.2015, p. 13.

(4)

OJ No. L 150, 14.6.2017, p. 1.