The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

Regulation 3

SCHEDULE 1 N.I. Amendment of the Waste Provisions

Amendment of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999 N.I.

1.  In the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999, in regulation 2(2) (Exemption from registration) in the definition of “animal-by-products” for “Article 2” substitute “ Article 3 ”.

Commencement Information

I1 Sch. 1 para. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) Regulations (Northern Ireland) 2000 N.I.

2.—(1) The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) Regulations (Northern Ireland) 2000 are amended as follows.

(2) In regulation 2 (Interpretation)—

(a) after paragraph (2) insert—

“(2A) For the purposes of these Regulations, Directive 2008/98/EC M1 is to be read as if—

(a) Article 5(2) were omitted;

(b) in Article 6—

(i) paragraphs 1 to 3 were omitted; and

(ii) in paragraph 4—

(aa) in the first sentence, for the words from “Where criteria” to “paragraph 1 and 2” 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 ”;

(bb) the second sentence were omitted.”.

Commencement Information

I2 Sch. 1 para. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M1 OJ L 312, 22.1.2008, p. 3-30

Amendment of the Waste Management Licensing Regulations (Northern Ireland) 2003 N.I.

3.—(1) The Waste Management Licensing Regulations (Northern Ireland) 2003 are amended as follows.

(2) In regulation 1(3) (Citation, commencement and interpretation)—

(a) omit the definition of “Directive Waste”;

(b) for the definition of “electrical or electronic equipment” or “EEE” substitute—

““electrical and electronic equipment” or “EEE” means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment which is for the generation, transfer and measurement of such currents and fields and designed for use with a voltage rating not exceeding 1000 volts for alternating current and 1500 volts for direct current;”;

(c) for the definition of “end-of-life vehicle” substitute—

““end-of-life vehicle” means any vehicle which is waste;”;

(d) in the definition of “recovery”—

(i) omit paragraph (a); and

(ii) in paragraph (b) for “any other type of waste” substitute “ any type of waste ”;

(e) after the definition of “recovery” insert—

““Relevant Waste” has the meaning given in Schedule 1A;”;

(f) in the definition of “waste” in paragraph (a) for “Directive” substitute “ Relevant ”;

(g) in the definition of “waste battery or accumulator” for “is waste within the meaning of the Directive” substitute “ which the holder discards or intends or is required to discard; ”; and

(h) in the definition of “waste electrical and electronic equipment or WEEE” for “is waste within the meaning of Article 3(1) of the Directive” substitute “ the holder discards or intends or is required to discard ”.

(3) After regulation 1(5) (Citation, commencement and interpretation) insert—

“(6) In a Directive mentioned in paragraph (7) any references to a duty or function of a Member State shall be read as a reference to a duty or function of the Department.

(7) These are—

(a) the End-of-Life Vehicles Directive;

(b) the Batteries Directive;

(c) Directive 2008/98/EC of the European Parliament and of the Council on waste; and

(d) the WEEE Directive.

(8) Expressions used in both these Regulations and in a Directive mentioned in these Regulations and not otherwise defined in these Regulations have the same meaning as in that Directive immediately before [F1 IP completion day].

(9) In these Regulations a reference to an Article or Annex of a Directive is to be read as a reference to that Article or Annex as immediately before [F1 IP completion day].”

(4) In regulation 11A (Conditions of site licences: WEEE) omit from “to give effect” to the end.

(5) In regulation 11B (Conditions of waste management licences: waste batteries and accumulators) omit from “to give effect” to the end.

(6) In regulation 11C (Conditions of waste management licences: calculation of recycling efficiencies of the recycling processes of waste batteries and accumulators)—

(a) for paragraph (1) substitute—

“(1) The Department must exercise its relevant functions so as it ensures compliance with retained EU law.”;

(b) omit paragraph (2).

(7) In regulation 16A (Exclusions from waste management licensing: waste batteries and accumulators) omit “under Article 8(1)(b) of the Batteries Directive”.

(8) In regulation 21 (Waste Framework Directive) omit “(which implements certain provisions of the Directive)”.

(9) In regulation 26 (End-of-Life Vehicles Directive)—

(a) in paragraph (1) omit “(which implements certain provisions of the End-of-Life Vehicles Directive)”; and

(b) in paragraph (2) for “the End-of-Life Vehicles Directive” substitute “ retained EU law ”.

(10) After Schedule 1 insert Schedule 1A.

(11) In Schedule 2 (EXEMPTIONS FROM WASTE MANAGEMENT LICENSING) paragraph 49 is amended as follows.

(a) in paragraphs (1)(d), (2)(d) and (3)(b) for “Annex VIII of the WEEE Directive” substitute “ paragraph (6) ”; and

(b) after paragraph (5) add—

“(6) The technical requirements are—

(a) sites for storage (including temporary storage) of WEEE prior to its treatment must have—

(i) impermeable surfaces for appropriate areas with provision for spillage collection facilities and where appropriate decanters and cleansers/degreasers; and

(ii) waterproof covering of appropriate areas;

(b) sites for treatment of WEEE must have—

(i) impermeable surfaces for appropriate areas with provision for spillage collection facilities and where appropriate decanters and cleansers/degreasers;

(ii) scales to measure the weight of the treated waste;

(iii) appropriate storage of disassembled parts;

(iv) appropriate containers for the storage of batteries, PCB's/PCT's containing capacitors and other hazardous waste such as radioactive waste; and

(v) equipment for the treatment of water.”.

(12) In Schedule 3 (WASTE FRAMEWORK DIRECTIVE) Part 1—

(a) in paragraph 1 for the definition “best available techniques” substitute—

““best available techniques” means the most effective and advanced stage in the development of activities and their methods of operation which indicates the practical suitability of the particular techniques for providing the emission limit values and other permit conditions designed to prevent and where that is not practicable to reduce emissions and the impact on the environment as a whole;”;

(b) in paragraph 1 insert in alphabetical order—

““available techniques” means those developed on a scale which allows implementation in the relevant industrial sector under economically and technically viable conditions taking into consideration the costs and advantages whether or not those techniques are used or produced inside the United Kingdom as long as they reasonably accessible to the operator;

“best” means the most effective in achieving a high general level of protection of the environment as a whole;

“techniques” includes the technology used and the way in which the installation is designed , built, maintained, operated and decommissioned;”;

(c) for paragraph 4(4)(b)(i) substitute—

“(i) the United Kingdom to move towards the aim of becoming self-sufficient in waste disposal and in the recovery of mixed municipal waste collected from households taking into account geographical circumstances or the need for specialised installations for certain type of wastes; and”;

(d) in paragraph 5(3) for paragraphs (b) to (e) substitute—

“(b) waste generated by the disposal or recovery of waste is treated in accordance with the waste hierarchy;

(c) waste management is carried out without endangering health, without harming the environment and in particular—

(i) without risk to water, air, soil, plants or animals;

(ii) without causing a nuisance through noise or odours; and

(iii) without adversely affecting the countryside or places of interest;

(d) waste management is carried out under licences granted for a specified period, which may be renewable;

(e) where mixing of hazardous waste is allowed under a licence the adverse impact of the waste management is not increased and the mixing operation conforms to best available techniques;

(f) where it considers that the intended method of treatment is unacceptable from the point of view of environmental protection, in particular where paragraph (c) is not complied with a licence shall be refused;

(g) it is a condition of any permit issued under the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013 covering incineration or co-incineration with energy recovery that the recovery of energy takes place with a high level of efficiency;

(h) any establishment or undertaking intending to carry out waste treatment, producers of hazardous waste and establishments which collect or transport hazardous waste on a professional basis or act as dealers or brokers of hazardous waste keep a chronological record of—

(i) the quantity, nature and origin of that waste and the quantity of products and materials resulting from preparing for re-use, recycling or recovery operations; and

(ii) where relevant, the destination, frequency of collection, mode of transport and treatment method foreseen in respect of waste;

(i) the persons mentioned in paragraph (h) make that data available in such manner and form it may specify.”;

(e) in paragraph 7 for “Articles 4, 13 and 16 of that Directive” substitute “ waste hierarchy, protection of human health and the environment and principles of self-sufficiency and proximity ”;

(f) in paragraph 12—

(i) in sub-paragraph (1) after “waste” insert “ on a professional basis ”; and

(ii) omit sub-paragraph (11);

(g) in paragraph 13—

(i) before sub-paragraph 1(d) omit “and”;

(ii) at the end of sub-paragraph 1(d) for “;” substitute “ , and ”;

(iii) after sub-paragraph (1)(d) insert—

“(e) which handles end-of-life vehicles (whether or not such vehicles have been de-polluted).”; and

(iv) omit sub-paragraph (2).

(13) In Schedule 3 Part II—

(a) in the N.B. for “In accordance with Article 13 of the Directive” substitute “ All ”; and

(b) in column 2 opposite the entry in Column 1 row D11 for “EU legislation” substitute “ retained EU law ”.

[F2 (14) In Schedule 3 Part III, in the N.B. for “In accordance with Articles 4 and 13 of the Directive” substitute “All”.]

(15) In Schedule 3 Part IV—

(a) in paragraph 4—

(i) for “the Waste Framework Directive” substitute “ Part I ”.

(ii) for sub-paragraph “(a) to (c)” substitute—

“(a) paragraph 4(4)(b)(i); and

(b) paragraph 5(3)(c).”;

(b) in paragraph 5—

(i) in sub-paragraph (1) substitute—

“(1) The planning authority shall not grant planning permission for a landfill unless it has taken into consideration the requirements set out in paragraph (1A)”;

(ii) after sub paragraph (1) insert—

“(1A) The location of the landfill must take into consideration requirements relating to—

(a) the distances from the boundary of the site to residential and recreation areas, waterways, water bodies and other agricultural or urban sites;

(b) the existence of groundwater, coastal water or nature protection zones in the area;

(c) the geological and hydrogeological conditions in the area;

(d) the risk of flooding, subsidence, landslides or avalanches on the site; and

(e) the protection of the nature or cultural patrimony of the site.”;

(iii) in sub-paragraph (2) omit “to which Article 7 of Directive 2006/21/EC of the European Parliament and of the Council M2 applies”;

(iv) in sub-paragraph (2)(a) for “of Article 11(2)(a) of the Directive” substitute “set out in sub-paragraph (2A);

(v) in sub-paragraph (2)(b) for “the implementation of the plan referred to in Article 7(3)(b) of that Directive” substitute “ objectives referred to in paragraph 4 of Part 1 ”;

(vi) after sub paragraph (2) insert—

“(2A) These requirements are that the waste facility is suitably located taking into account particular EU retained law or national obligations relating to protected areas and geological, hydrological, hydrogeological, seismic and geotechnical factors and is designed to meet the necessary conditions for the short and long term perspectives, preventing pollution of the soil, air, groundwater or surface water and ensuring efficient collection of contaminated water and leachate as and when required under the permission and reducing erosion caused by water or wind as far as is technically possible and economically viable.”;

(vii) in sub-paragraph (3)—

(aa) for the definition of “landfill” substitute—

““landfill” means a waste disposal site for the deposit of waste on to or into land (including underground) including a site falling within paragraph (a) or (b) but not (c)—

(a) internal waste disposal sites (i.e. landfill where a producer of waste is carrying out its own waste disposal at the place of production); and

(b) a permanent site (i.e. more than one year) which is used for temporary storage of waste but excluding—

(i) facilities where waste is unloaded in order to permit its preparation for further transport for recovery, treatment or disposal elsewhere;

(ii) storage of waste prior to recovery or treatment less than three years as a general rule; or

(iii) storage of waste prior to disposal for a period of less than one year;

(c) the following operations do not fall within paragraph (a) or (b)—

(i) the spreading of sludges, including sewage sludges and sludges resulting from dredging operations and similar matter on the soil for the purpose of fertilisation or improvement;

(ii) the use of inert waste which is suitable, in redevelopment/restoration and filling-in work for construction purposes in landfills;

(iii) the deposit of non-hazardous dredging sludges alongside small waterways from where they have been dredged out of and non-hazardous sludges in surface water including the bed or its subsoil; and

(iv) the deposit of unpolluted soil or of non-hazardous waste resulting from prospecting and extraction, treatment and storage of mineral resources as well as from the operation of quarries.”;

(bb) for the definition of “mining waste facility” substitute—

““mining waste facility” means any area designated for the accumulation or deposit of extractive waste whether in a solid or liquid state or in solution or suspension for the following periods—

(a) no time period for Category A waste facilities and facilities for waste characterised as hazardous in the waste management plan;

(b) a period of more than one year for facilities for non-hazardous non-inert waste; or

(c) a period of more than three years for facilities for unpolluted soil, non-hazardous prospecting waste, waste resulting from the extraction, treatment or storage of peat and insert waste;

“waste facility” is deemed to include any dam or other structure to contain, retain or confine or otherwise support such a facility and also to include, but not be limited to heaps and ponds, but excluding excavation voids into which waste is replaced after extraction of the mineral for rehabilitation and construction purposes, but does not include any facility—

(a) closed by 1 May 2008; or

(b) which stopped accepting waste before 1 May 2006.”.

Regulation 1(3)

“SCHEDULE 1A N.I. Definition of “relevant waste”

• “Relevant Waste” means—

  (a)

  subject to paragraph 38 of Schedule 2 and paragraphs (b) to (h), any substance or object which the holder discards or intends or is required to discard;

  (b)

  the following are excluded from the scope of paragraph (a)—

  (i)

  gaseous effluents emitted into the atmosphere;

  (ii)

  land (in situ) including unexcavated contaminated soil and buildings;

  (iii)

  uncontaminated soil and other naturally occurring material excavated in the course of construction activities where it is certain that the material will be used for the purposes of construction in its natural state on the site from which it was excavated;

  (iv)

  radioactive waste;

  (v)

  decommissioned explosives;

  (vi)

  faecal matter, if not covered by sub-paragraph (c)(ii), straw or other natural non-hazardous agricultural or forestry material used in farming, forestry or for the production of energy from biomass through processes or methods which do not harm the environment or endanger human health;

  (c)

  the following shall be excluded from the scope of paragraph (a) to the extent that they are covered by other retained EU law [F3 or EU law which applies by virtue of the Northern Ireland Protocol]—

  (i)

  waste waters;

  (ii)

  animal by-products including processed products covered by Regulation [F4 1069/2009], except those which are destined for incineration, landfilling or use in a biogas or composting plant;

  (iii)

  carcasses of animals that have died otherwise than by being slaughtered, including animals killed to eradicate epizootic diseases and that are disposed in accordance with [F5 1069/2009];

  (iv)

  waste resulting from prospecting, extraction, treatment and storage of mineral resources and the working of quarries;

  (v)

  [F6 substances that are destined for use as feed materials as defined in point (g) of Article 3(2) of Regulation (EC) No 767/2009 of the European Parliament and of the Council and that do not consist of or contain animal by-products;]

  (d)

  without prejudice to obligations under other relevant retained EU law, sediments located inside surface waters for the purpose of managing waters and waterways or of preventing flood or mitigating the effects of floods, drought or land reclamation shall be excluded from the scope of paragraph (a) if it is proved that the sediments are non-hazardous;

  (e)

  a substance or object resulting from a production process, the primary aim of which is not the production of that item, may be regarded as not being waste referred to in paragraph (a) but as being a by-product only if the following conditions are met—

  (i)

  further use of the substance or object is certain;

  (ii)

  the substance or object can be used directly without any further processing other than normal industrial practice;

  (iii)

  the substance or object is produce as an integral part of the process; and

  (iv)

  further use is unlawful i.e. the substance or object fulfils all relevant product, environmental and health protection requirements for the specific use and will not lead to overall adverse environmental or human health impacts;

  (f)

  certain specified waste shall cease to be within the scope of paragraph (a) when it has undergone a [F7 recycling or other recovery operation if it complies with the following conditions]—

  (i)

  [F8 the substance or object is to be used for specific purposes;]

  (ii)

  a market or demand exists for such a substance or object;

  (iii)

  the substance or object fulfils the technical requirements for the specific purposes and meets the existing legislation and standards applicable to products;

  (iv)

  the use of the substance or object will not lead to overall adverse environmental or human health impacts; and

  (v)

  the criteria shall include limit values for pollutants where necessary and shall take into account possible adverse environmental effects of the substance or object;

  (g)

  waste which ceases to be waste in accordance with this Schedule shall cease to be waste for the purposes of any relevant retained EU law when recycling or recovery requirements of that law or satisfied; and

  (h)

  the Department may decide case by case whether certain waste has ceased to be waste taking into account applicable case law.”.

Textual Amendments

F1 Words in Regulations substituted (31.12.2020 immediately before IP completion day) by The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 3(2)

F2 Sch. 1 para. 3(14) substituted (31.12.2020 immediately before IP completion day) by The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 3(4)(a)

F3 Words in Sch. 1 para. 3(10) inserted (31.12.2020 immediately before IP completion day) by The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 3(4)(b)(i)(aa)

F4 Word in Sch. 1 para. 3(10) substituted (31.12.2020 immediately before IP completion day) by The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 3(4)(b)(i)(bb)

F5 Word in Sch. 1 para. 3(10) substituted (31.12.2020 immediately before IP completion day) by The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 3(4)(b)(i)(cc)

F6 Words in Sch. 1 para. 3(10) inserted (31.12.2020 immediately before IP completion day) by The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 3(4)(b)(i)(dd)

F7 Words in Sch. 1 para. 3(10) substituted (31.12.2020 immediately before IP completion day) by The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 3(4)(b)(ii)(aa)

F8 Words in Sch. 1 para. 3(10) substituted (31.12.2020 immediately before IP completion day) by The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 3(4)(b)(ii)(bb)

Commencement Information

I3 Sch. 1 para. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M2 OJ L 102, 11.4.2006, p. 15-34

Amendment of the Landfill Regulations (Northern Ireland) 2003 N.I.

4.—(1) The Landfill Regulations (Northern Ireland) 2003 M3 are amended as follows.

(2) In regulation 2(2) (Interpretation) for the definition “waste battery or accumulator” substitute—

““waste battery or accumulator” has the same meaning as in the Waste Management Licensing Regulations (Northern Ireland) 2003;”.

(3) In Schedule 1 (CRITERIA AND PROCEDURES FOR THE ACCEPTANCE OF WASTE AT LANDFILLS) in paragraph 5(1)(g) omit “according to Annex III of the Hazardous Waste Directive”.

Commencement Information

I4 Sch. 1 para. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M3 S.R. 2003 No. 496 as amended by S.R. 2004 No. 297, S.R. 2005 No. 300 and S.R. 2011 No. 127

Amendment of the Landfill Allowances Scheme (Northern Ireland) Regulations 2004 N.I.

5.—(1) The Landfill Allowances Scheme (Northern Ireland) Regulations 2004 M4 are amended as follows.

(2) In regulation 2(2) (Interpretation)—

(a) for the definition of “disposal” substitute—

““disposal” has the same meaning as in the Waste Management Licensing Regulations (Northern Ireland) 2003 M5 ;”; and

(b) for the definition of “European Waste Catalogue” substitute—

““European Waste Catalogue” has the same meaning as in the Waste Management Licensing Regulations (Northern Ireland) 2003;”.

Commencement Information

I5 Sch. 1 para. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M4 S.R. 2004 No. 416 as relevantly amended by S.R. 2011 No. 127 and S.R. 2011 No. 373

M5 S.R. 2003 No. 493 as relevantly amended by S.R. 2003 No. 496, S.R. 2005 No. 300, S.R. 2006 No. 280, S.R. 2006 No. 489, S.R. 2006 No. 519, S.R. 2008 No. 18, S.R. 2009 No. 76, S.R. 2009 No. 159, S.R. 2010 No. 411, S.R. 2011 No. 124, S.R. 2011 No. 127, S.R. 2011 No. 403, S.R. 2013 No. 241, S.R. 2014 No. 137, S.R. 2014 No. 307, S.R. 2014. No. 252, S.R. 2015 No. 14, S.R. 2015 No. 288, S.R. 2016 No. 95 and S.R. 2016 No. 96

Amendment of the Hazardous Waste Regulations (Northern Ireland) 2005 N.I.

6.—(1) The Hazardous Waste Regulations (Northern Ireland) 2005 M6 are amended as follows.

(2) In regulation 2(1) (General interpretation)—

(a) after the definition of “battery pack” insert—

““best available techniques” has the same meaning as in the Waste Management Licensing Regulations (Northern Ireland) 2003;”;

(b) in the definition of “consignment note” for “pursuant to Article 19(2) of the Waste Directive” substitute “ within the United Kingdom ”;

(c) for the definition of “recovery” substitute “ “recovery” has the same meaning as in the Waste Management Licensing Regulations (Northern Ireland) 2003; ”; and

(d) for the definition of “waste battery or accumulator” substitute—

““waste battery or accumulator” has the same meaning as in the Waste Management Licensing Regulations (Northern Ireland) 2003;”.

(3) In regulation 2(3) add at the end “ as at immediately before [F1 IP completion day] ”.

(4) In regulation 3(1) for paragraph (b) substitute—

“(b) “waste” has the same meaning as in the Waste Management Licensing Regulations (Northern Ireland) 2003;”.

F9 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In regulation 19 (Prohibition on mixing hazardous waste without a permit)—

(a) in paragraph (4) omit from “fulfilling its duty” to the end; and

(b) in paragraph (6)(a) for “Article 13 of the Waste Framework Directive” substitute “ the Waste Framework Directive conditions ”.

(8) In regulation 42 (Inspections)—

(a) in paragraph (2) omit “as required pursuant to Article 34 of the Waste Directive and”;

(b) in paragraph (3)—

(i) after “intervals” insert “ and with such intensity ”; and

(ii) omit from “having regard” to the end.

(9) In regulation 47(2) (Responsibilities of the Department) omit “, and in accordance with Article 28 of the Waste Directive and”.

Textual Amendments

F1 Words in Regulations substituted (31.12.2020 immediately before IP completion day) by The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 3(2)

F9 Sch. 1 para. 6(5)(6) omitted (31.12.2020 immediately before IP completion day) by virtue of The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 3(4)(c)

Commencement Information

I6 Sch. 1 para. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M6 S.R. 2005 No. 300 as relevantly amended by S.R. 2011 No. 127, S.R. 2015 No. 288 and S.R. 2016 No. 95

Amendment of the Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007 N.I.

7.—(1) The Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007 M7 are amended as follows.

F10 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In Schedule 1 (PRODUCERS) in paragraph 4(2)(b)(i) omit “as defined in paragraph 1(a) of Article 3 of the Packaging Waste Directive”.

(5) In Schedule 7 (PUBLIC REGISTER) in paragraph 2—

(a) in sub-paragraph (b) omit “provided for in Annex II of the Waste Directive”; and

(b) in sub-paragraph (c) omit “under Annex I or Annex II of the Waste Directive”.

Textual Amendments

F10 Sch. 1 para. 7(2)(3) omitted (31.12.2020 immediately before IP completion day) by virtue of The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 3(4)(d)

Commencement Information

I7 Sch. 1 para. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M7 S.R. 2007 No. 198 as relevantly amended by S.R. 2008 No. 373 and S.R. 2010 No. 396

Amendment of the Controlled Waste and Duty of Care Regulations (Northern Ireland) 2013 N.I.

8.  In the Controlled Waste and Duty of Care Regulations (Northern Ireland) 2013 M8 , in regulation 1(2) for the definition of “Directive Waste” substitute—

““Directive Waste” has the same meaning as “Relevant Waste” as set out in Schedule 1A to the Waste Management Licensing Regulations (Northern Ireland) 2003.”.

Commencement Information

I8 Sch. 1 para. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M8 S.R. 2013 No. 255 as relevantly amended by S.I. 2014/117