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

Modification of the Landfill Directive

9.—(1) For the purposes of these Regulations, the Landfill Directive is to be read in accordance with this paragraph.

(2) When interpreting the Landfill Directive for the purposes of these Regulations—

(a) an expression used in the Directive that is defined in these Regulations has the meaning given in these Regulations;

(b) “landfill permit” or “permit” has the same meaning as in the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013(1);

(c) “nature protection zone” means any—

(i) European site (which has the meaning given in regulation 9 of the Conservation (Natural Habitats, etc) Regulations (Northern Ireland) 1995(2); or

(ii) area of special scientific interest (which has the meaning given in Article 28 of the Environment (Northern Ireland) Order) 2002(3);

(d) any reference to one or more Member States in a provision imposing an obligation or conferring a discretion on a Member State or Member States is to be read as a reference to the appropriate authority, appropriate agency or local authority which, immediately before exit day, was responsible for the United Kingdom’s compliance with that obligation or able to exercise that discretion so far as it related to Northern Ireland; and

(e) the competent authority is the Department.

(3) Article 1 is to be read as if—

(a) in paragraph 1, the words from “With a view” to “thereof,” were omitted;

(b) in paragraph 2, for “Directive 96/61/EC(4)”, in both places it occurs, there were substituted “the Industrial Emissions Directive”.

(4) Article 2 is to be read as if—

(a) for point (a) there were substituted—

“(a) ‘waste’ has the meaning given in regulation 1(3) of the Waste Management Licensing Regulations (Northern Ireland )2003”;

(b) for points (c) and (d) there were substituted—

“(c) ‘hazardous waste’ has the meaning given in regulation 2(1) of the Hazardous Waste Regulations (Northern Ireland) 2005;

(d) ‘non-hazardous waste’ has the meaning given in regulation 2(1) of the Hazardous Waste Regulations (Northern Ireland) 2005;”; and

(c) for point (l) there were substituted—

“(l) ‘operator’ has the meaning given in regulation 2(1) of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013”.

(5) Article 3(2) is to be read as if, in the words before the first indent, “Without prejudice to existing Community legislation,” were omitted.

(6) Article 5(3) is to be read as if—

(a) in point (b), for “Annex III to Directive 91/689/EC(5)” there were substituted “Annex III to the Waste Framework Directive”;

(b) in point (c), for the words from “(property H9” to the end there were substituted “by Annex III to the Waste Framework Directive”;

(c) in point (d)—

(i) for “two years from the date laid down in Article 18(1)” there were substituted “16 July 2001”; and

(ii) for “five years from the date laid down in Article 18(1)” there were substituted “from 16 July 2004”.

(7) Article 6(a) is to be read as if, in the second sentence, for “may” there were substituted “does”.

(8) Article 7 is to be read as if—

(a) in the first subparagraph, in point (h)—

(i) the reference to Council Directive 85/337/EEC(6) of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment were a reference to the retained EU law which transposed Directive 2011/92/EU in respect of Northern Ireland; and

(ii) the reference to Article 5 of Directive 85/337/EEC were a reference to the retained EU law which transposed Article 5 of Directive 2011/92/EU in respect of Northern Ireland;

(b) in the second subparagraph, “and Community” was omitted.

(9) Article 8 is to be read as if—

(a) in point (a)—

(i) in point (i), “without prejudice to Article 3(4) and (5),” were omitted; and

(ii) in point (iv)—

(aa) in the first sentence, “issued under the provisions of this Directive” were omitted; and

(bb) the third sentence were omitted;

(b) in point (b), for “Article 7 of Directive 75/442/EEC” there were substituted “regulation 8 of the Waste Regulations (Northern Ireland) 2011”.

(10) Article 9 is to be read as if, in the words before point (a), the words from “Specifying” to “Directive 96/61/EC,” were omitted.

(11) Article 10 is to be read as if for “Council Directive 90/313/EEC of 7 June 1990 on the freedom of access to information on the environment(7)” there were substituted “the Environmental Information Regulations 2004(8)”.

(12) Article 11(1) is to be read as if—

(a) in point (b)—

(i) in the first indent—

(aa) for “Article 5(3) of Directive 91/689/EEC” there were substituted “Article 19(2) of the Waste Framework Directive”; and

(bb) for “Council Regulation” to the end there were substituted “Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste(9)”;

(ii) in the third indent, “and Community” was omitted;

(b) in point (d), “without prejudice to the provisions of Regulation (EEC) No 259/93,” were omitted.

(13) Article 13(d) is to be read as if “Community or” were omitted.

(14) Article 14 is to be read as if—

(a) in the words before point (a), for “within eight years after the date laid down in Article 18(1)” there were substituted “by 16 July 2007”;

(b) in point (a), for the words from “with a period” to “Article 18(1)” there were substituted “by 16 July 2000”;

(c) in point (c), for “within eight years after the date laid down in Article 18(1)” there were substituted “by 16 July 2007”; and

(d) in point (d)—

(i) in point (i), for “within one year after the date laid down in Article 18(1)” there were substituted “by 16 July 2000”; and

(ii) in point (ii), for “within three years after the date laid down in Article 18(1)” there were substituted “by 16 July 2002”.

(15) Annex 1 is to be read as if—

(a) in Section 2, for the final sentence there were substituted “The above provisions do not apply to inert landfills.”;

(b) in Section 3.3, omit the second paragraph;

(c) in Section 3.4, for from “Directive 80/68/EEC” to “competent authority” there were substituted “the Water Framework Directive, as transposed by the Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2017(10), the Department”; and

(d) Section 3.5 were omitted.

(16) Annex 2 is to be read as if—

(a) Section 1 were omitted;

(b) in Section 2, in the second paragraph, the third sentence were omitted;

(c) in Section 4, in the fourth and fifth paragraphs, for “covered by Directive 91/689/EEC” there were substituted “classified as hazardous waste”; and

(d) in Section 5, the second and third sentences were omitted.

(17) Annex 3 is to be read as if—

(a) in Section 2—

(i) the first paragraph were omitted; and

(ii) in the second paragraph, in the table, in the first column, for “14.00 h CET” in both places it occurs there were substituted “1 p.m.”;

(b) in Section 3, in the fourth paragraph, in the table, in table note 7, the words from “, and will report” to the end were omitted.

(18) In sub-paragraph (2)(d) “local authority” in Northern Ireland means a district council within the meaning of section 1 of the Local Government Act (Northern Ireland) 1972(11).

(1)

S.R. 2013 No. 160 as relevantly amended by S.R. No. 304, S.R. 2015 No. 14, S.I. 2015/1973, S.R. 2015 No. 325, S.R. 2016 No. 95, S.R. 2016 No. 309 and S.R. 2018 No. 33

(2)

S.R. 1995 No. 380 as amended by S.R. 2003 No. 46, S.R. 2004 No. 435, S.R. 2007 No. 345, S.R. 2009 No. 8, S.R. 2011 No. 216, S.R. 2012 No. 368 and S.R. 2015 No. 182

(3)

S.I. 2002/3153 (N.I.)

(4)

OJ L 257, 10.10.1996, p. 26

(5)

OJ L 377, 31.12.1991, p. 20

(6)

OJ L 175, 5.7.1985, p. 40-48

(7)

OJ L 158, 23.6.1990, p. 56

(8)

S.I. 2004/3391 as amended by S.I. 2018/942

(9)

OJ L 190, 12.7.2006, p. 1

(10)

S.R. 2017 No. 81

(11)

1972 c.9(N.I.)