The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019

Article 2AModification of Directive 2008/98/EC of the European Parliament and of the Council

1

For the purposes of this Regulation, a reference to Directive 2008/98/EC is a reference to Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by F12Directive (EU) 2018/851, and read in accordance with this Article.

2

A 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 competent authority, appropriate authority or local authority which, immediately before F13IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion.

3

Article 2 is to be read as if—

a

in paragraph 2—

i

in the words before point (a), for “other Community legislation” there were substituted “ retained EU law ”;

ii

in points (b) and (c), for “Regulation (EC) No 1774/2002” there were substituted “ Regulation (EC) No 1069/2009 ”;

iii

in point (d), as it extends to England and Wales, for the words from “Directive 2006/21/EC” to the end there were substituted “ the Mining Waste Directive ”;

iv

for point (d), as it extends to Scotland, there were substituted—

d

extractive waste, which has the same meaning as in regulation 2(1) of the Management of Extractive Waste (Scotland) Regulations 2010.

v

for point (d), as it extends to Northern Ireland, there were substituted—

d

extractive waste, which has the same meaning as in regulation 2(2) of the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015.

b

in paragraph 3, the words from “Without prejudice” to “Community legislation,” were omitted;

c

paragraph 4 were omitted.

4

Article 3(20) is to be read as if for “Article 2(11) of Directive 96/61/ECM24” there were substituted “ Article 3(10) of the Industrial Emissions Directive ”.

F145

Article 5 is to be read as if—

a

in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

b

after paragraph 1 there were inserted—

1A

Any decision as to whether a substance or object is a by-product must be made—

a

in accordance with any regulations setting out detailed criteria on the application of the conditions in paragraph 1 to specific substances or objects; and

b

having regard to any guidance published by the appropriate authority or the competent authority for the purposes of this Article.

c

paragraphs 2 and 3 were omitted.

6

Article 6 is to be read as if—

a

in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

b

after paragraph 1 there were inserted—

1A

Any decision as to whether a substance or object has ceased to be waste must be made—

a

in accordance with any regulations or retained direct EU legislation setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; and

b

having regard to any guidance published by the appropriate authority or the competent authority for the purposes of this Article.

c

in paragraph 2—

i

the first subparagraph were omitted;

ii

in the second subparagraph, for “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;

iii

the third and fourth subparagraphs were omitted;

d

paragraph 3 were omitted;

e

in paragraph 4—

i

in the first subparagraph—

aa

in the first sentence, for the words from the beginning to “Member State”, there were substituted “Where criteria have not been set out as referred to in paragraph 1A(a), the competent authority”;

bb

the second sentence were omitted;

ii

in the second subparagraph—

aa

for “Member States” there were substituted “The competent authority”;

bb

“by competent authorities” were omitted.

7

Article 7 is to be read as if—

a

before paragraph 1 there were inserted—

A1

In this Article, the “list of waste” means the list contained in the Annex to Commission Decision 2000/532/EC, as that list has effect in England, Wales, Scotland or Northern Ireland (as the case may be).

b

in paragraph 1—

i

the first and second sentences were omitted;

ii

for the third sentence there were substituted “The list of waste shall, except as provided in Commission Decision 2000/532/EC, be binding as regards determination of the waste which is to be considered as hazardous waste or as non-hazardous waste.”;

c

paragraphs 2, 3, 6 and 7 were omitted.

8

Annex 3 is to be read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted.

9

In F15this Article, “the appropriate authority” means—

a

in relation to England, the Secretary of State;

b

in relation to Wales, the Welsh Ministers;

c

in relation to Scotland, the Scottish Environment Protection Agency;

d

in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.

Article 2BMeaning of “the Mining Waste Directive” and “the Industrial Emissions Directive”

1

In Article 2A(3)(a)(iii), “the Mining Waste Directive” means Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries, read in accordance with paragraphs 2 and 3.

2

Article 2 is to be read as if—

a

in paragraph 2(c), the reference to Article 11(3)(j) of Directive 2000/60/EC were a reference to that Article read in accordance with paragraph 7 of this Article;

b

paragraphs 3 and 4 were omitted.

3

Article 3(1) is to be read as if, for “Article 1(a) of Directive 75/442/EEC” there were substituted “ Article 3(1) of Directive 2008/98/EC, as read with Articles 5 and 6 of that Directive ”.

4

In Article 2A(4), “the Industrial Emissions Directive” means Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control M25), read in accordance with paragraphs 5 and 6.

5

Article 3 is to be read as if—

a

in point (1)(a), for the words from “Article 1” to the end there were substituted “ Article 4(78) of Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation M26 ”;

b

in point (10)(b), for “Member State in question” there were substituted “ United Kingdom ”;

c

in point (23), for the words from “point 1” to the end there were substituted “ point 1 of the second subparagraph of Article 2 of Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs M27 ”;

d

in point (37), for the words from “of the European” to the end there were substituted “ , read with Articles 5 and 6 of that Directive ”.

6

Annex 1 is to be read as if—

a

in the words before point 1, the second paragraph were omitted;

b

in point 5.3—

i

in point (a), in the words before point (i), for “Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment M28” there were substituted “ the Urban Waste Water Treatment (England and Wales) Regulations 1994 M29 ”;

ii

in point (b), in the words before point (i), for “Directive 91/271/EEC” there were substituted “ the Urban Waste Water Treatment (England and Wales) Regulations 1994 ”;

c

in point 5.4, the reference to Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste M30 were a reference to the Landfill Directive;

d

in point 6.9, for “Directive 2009/31/ECM31” there were substituted “ the EU-derived domestic legislation which transposed Directive 2009/31/EC in respect of England and Wales M32 ”;

e

in point 6.11, for “Directive 91/271/EEC” there were substituted “ the Urban Waste Water Treatment (England and Wales) Regulations 1994 ”.

7

For the purposes of paragraph 2(a), Article 11(3)(j) of Directive 2000/60/EC is to be read as if—

a

the reference to “Member States” were a reference to the appropriate authority or the competent authority;

b

in the words after the final indent, “environmental objectives”—

i

in relation to the Northumbria River Basin District, means the environmental objectives referred to in the WFD Regulations as applied by regulation 5 of the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003;

ii

in relation to the Solway Tweed River Basin District, has the same meaning as in regulation 2 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004;

iii

in relation to a river basin district within the meaning of the WFD Regulations, has the same meaning as in those Regulations.

F168

In paragraph 6(c), “the Landfill Directive” means Council Directive 1999/31/EC on the landfill of waste, as last amended by Directive (EU) 2018/850, and read as if, in Article 2—

a

in point (a) “‘waste’,” were omitted; and

b

after point (a) there were inserted—

aa

“waste” means anything that—

i

is waste within the meaning of Article 3(1) of Directive 2008/98/EC, as read with Articles 5 and 6 of that Directive, and

ii

is not excluded from the scope of that Directive by Article 2(1), (2) or (3) of that Directive;

9

In paragraph 7—

a

in point (a), “the appropriate authority” has the meaning given by Article 2A(9);

b

in point (b), “the WFD Regulations” means the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017.

Article 6AEU exit: transitional provision

1

Paragraph 3 applies to verification obtained in compliance with Article 6 as it had effect immediately before F17IP completion day.

2

Paragraph 3 also applies where—

a

before F17IP completion day, a producer or supplier has submitted a management system to a conformity assessment body or an environmental verifier for verification in compliance with Article 6 as it had effect immediately before F17IP completion day, and

b

after F17IP completion day, the producer or supplier obtains that verification.

3

Where this paragraph applies, the verification obtained is deemed to be verification for the purposes of Article 6.

4

In paragraph 2, “supplier” means the supplier of a producer or of an importer.

7

For the purposes of point 1, Directive 2006/66/EC is to be read as if “waste battery or accumulator” had the meaning given by Article 2(1)(4A).

8

In point 3, “producer” means any person F21... that, irrespective of the selling technique used, including by distance contract, places batteries or accumulators, including those incorporated into appliances or vehicles, on the market for the first time F22within Great Britain on a professional basis.

9

In point 8—

a

“appliance” means any electrical or electronic equipment, as defined by Article 3(1)(a) of Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE) F23as last amended by Directive (EU) 2018/849 , which is fully or partly powered by batteries or accumulators or is capable of being so;

b

“distance contract” has the meaning given in regulation 5 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 M38;

c

“placing on the market' means supplying or making available, whether in return for payment or free of charge, to a third party within F24Great Britain and includes import into F24Great Britain.

3

For the purposes of point 1, Directive 2006/66/EC is to be read as if “waste battery or accumulator” had the meaning given by Article 2(1)(4A).

Article 2AModification of Directive 2008/98/EC of the European Parliament and of the Council

1

For the purposes of this Regulation, a reference to Directive 2008/98/EC is a reference to Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by F25Directive (EU) 2018/851, and read in accordance with this Article.

2

A 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 competent authority, appropriate authority or local authority which, immediately before F26IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion.

F273

Article 5 is to be read as if—

a

in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

b

after paragraph 1 there were inserted—

1A

Any decision as to whether a substance or object is a by-product must be made—

a

in accordance with any regulations setting out detailed criteria on the application of the conditions in paragraph 1 to specific substances or objects; and

b

having regard to any guidance published by the appropriate authority or the competent authority for the purposes of this Article.

c

paragraphs 2 and 3 were omitted.

4

Article 6 is to be read as if—

a

in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

b

after paragraph 1 there were inserted—

1A

Any decision as to whether a substance or object has ceased to be waste must be made—

a

in accordance with any regulations or retained direct EU legislation setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; and

b

having regard to any guidance published by the appropriate authority or the competent authority for the purposes of this Article.

c

in paragraph 2—

i

the first subparagraph were omitted;

ii

in the second subparagraph, for “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;

iii

the third and fourth subparagraphs were omitted;

d

paragraph 3 were omitted;

e

in paragraph 4—

i

in the first subparagraph—

aa

in the first sentence, for the words from the beginning to “Member State”, there were substituted “Where criteria have not been set out as referred to in paragraph 1A(a), the competent authority”;

bb

the second sentence were omitted;

ii

in the second subparagraph—

aa

for “Member States” there were substituted “The competent authority”;

bb

“by competent authorities” were omitted.

5

Article 7 is to be read as if—

a

before paragraph 1 there were inserted—

A1

In this Article, the “list of waste” means the list contained in the Annex to Commission Decision 2000/532/EC, as that list has effect in England, Wales, Scotland or Northern Ireland (as the case may be).

b

in paragraph 1—

i

the first and second sentences were omitted;

ii

for the third sentence there were substituted “The list of waste shall, except as provided in Commission Decision 2000/532/EC, be binding as regards determination of the waste which is to be considered as hazardous waste or as non-hazardous waste.”;

c

paragraphs 2, 3, 6 and 7 were omitted.

6

Annex 3 is to be read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted.

7

In F28this Article—

a

“appropriate authority” means—

i

in relation to England, the Secretary of State;

ii

in relation to Wales, the Welsh Ministers;

iii

in relation to Scotland, the Scottish Ministers;

iv

in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

b

“local authority” means—

i

in England outside Greater London—

• — a district council,

• — a county council, or

• — the Council of the Isles of Scilly;

ii

in Greater London—

• — the council of a London borough,

• — the Common Council of the City of London,

• — the Sub-Treasurer of the Inner Temple, or

• — the Under-Treasurer of the Middle Temple;

iii

in Wales—

• — a county council, or

• — a county borough council;

iv

in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

v

in Northern Ireland, a district council established under section 1 of the Local Government Act (Northern Ireland) 1972.

Article 5AEU exit: transitional provision

1

Paragraph 3 applies to verification obtained in compliance with Article 5 as it had effect immediately before F29IP completion day.

2

Paragraph 3 also applies where—

a

before exit day, a producer or supplier of an importer has submitted a management system to a conformity assessment body or an environmental verifier for verification in compliance with Article 5 as it had effect immediately before F29IP completion day, and

b

after F29IP completion day, the producer or supplier obtains that verification.

3

Where this paragraph applies, the verification obtained is deemed to be verification for the purposes of Article 5.

Article 2AModification of Directive 2008/98/EC of the European Parliament and of the Council

1

For the purposes of this Regulation, a reference to Directive 2008/98/EC is a reference to Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by F30Directive (EU) 2018/851, and read in accordance with this Article.

2

A 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 competent authority, appropriate authority or local authority which, immediately before F31IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion.

3

Article 2 is to be read as if—

a

in paragraph 2—

i

in the words before point (a), for “other Community legislation” there were substituted “ retained EU law ”;

ii

in points (b) and (c), for “Regulation (EC) No 1774/2002” there were substituted “ Regulation (EC) No 1069/2009 ”;

iii

in point (d), as it extends to England and Wales, for the words from “Directive 2006/21/EC” to the end there were substituted “ the Mining Waste Directive ”;

iv

for point (d), as it extends to Scotland, there were substituted—

d

extractive waste, which has the same meaning as in regulation 2(1) of the Management of Extractive Waste (Scotland) Regulations 2010.

v

for point (d), as it extends to Northern Ireland, there were substituted—

d

extractive waste, which has the same meaning as in regulation 2(2) of the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015.

b

in paragraph 3, the words from “Without prejudice” to “Community legislation,” were omitted;

c

paragraph 4 were omitted.

4

Article 3(20) is to be read as if for “Article 2(11) of Directive 96/61/EC” there were substituted “ Article 3(10) of the Industrial Emissions Directive ”.

F325

Article 5 is to be read as if—

a

in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

b

after paragraph 1 there were inserted—

1A

Any decision as to whether a substance or object is a by-product must be made—

a

in accordance with any regulations setting out detailed criteria on the application of the conditions in paragraph 1 to specific substances or objects; and

b

having regard to any guidance published by the appropriate authority or the competent authority for the purposes of this Article.

c

paragraphs 2 and 3 were omitted.

6

Article 6 is to be read as if—

a

in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

b

after paragraph 1 there were inserted—

1A

Any decision as to whether a substance or object has ceased to be waste must be made—

a

in accordance with any regulations or retained direct EU legislation setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; and

b

having regard to any guidance published by the appropriate authority or the competent authority for the purposes of this Article.

c

in paragraph 2—

i

the first subparagraph were omitted;

ii

in the second subparagraph, for “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;

iii

the third and fourth subparagraphs were omitted;

d

paragraph 3 were omitted;

e

in paragraph 4—

i

in the first subparagraph—

aa

in the first sentence, for the words from the beginning to “Member State”, there were substituted “Where criteria have not been set out as referred to in paragraph 1A(a), the competent authority”;

bb

the second sentence were omitted;

ii

in the second subparagraph—

aa

for “Member States” there were substituted “The competent authority”;

bb

“by competent authorities” were omitted.

7

Article 7 is to be read as if—

a

before paragraph 1 there were inserted—

A1

In this Article, the “list of waste” means the list contained in the Annex to Commission Decision 2000/532/EC, as that list has effect in England, Wales, Scotland or Northern Ireland (as the case may be).

b

in paragraph 1—

i

the first and second sentences were omitted;

ii

for the third sentence there were substituted “The list of waste shall, except as provided in Commission Decision 2000/532/EC, be binding as regards determination of the waste which is to be considered as hazardous waste or as non-hazardous waste.”;

c

paragraphs 2, 3, 6 and 7 were omitted.

8

Annex 3 is to be read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted.

Article 2BMeaning of “the Mining Waste Directive” and “the Industrial Emissions Directive”

1

In Article 2A(3)(a)(iii), “the Mining Waste Directive” means Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries, read in accordance with paragraphs 2 and 3.

2

Article 2 is to be read as if—

a

in paragraph 2(c), the reference to Article 11(3)(j) of Directive 2000/60/EC were a reference to that Article read in accordance with paragraph 7 of this Article;

b

paragraphs 3 and 4 were omitted.

3

Article 3(1) is to be read as if, for “Article 1(a) of Directive 75/442/EEC” there were substituted “ Article 3(1) of Directive 2008/98/EC, as read with Articles 5 and 6 of that Directive ”.

4

In Article 2A(4), “the Industrial Emissions Directive” means Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control), read in accordance with paragraphs 5 and 6.

5

Article 3 is to be read as if—

a

in point (1)(a), for the words from “Article 1” to the end there were substituted “ Article 4(78) of Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation ”;

b

in point (10)(b), for “Member State in question” there were substituted “ United Kingdom ”;

c

in point (23), for the words from “point 1” to the end there were substituted “ point 1 of the second subparagraph of Article 2 of Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs ”;

d

in point (37), for the words from “of the European” to the end there were substituted “ , read with Articles 5 and 6 of that Directive ”.

6

Annex 1 is to be read as if—

a

in the words before point 1, the second paragraph were omitted;

b

in point 5.3—

i

in point (a), in the words before point (i), for “Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment” there were substituted “ the Urban Waste Water Treatment (England and Wales) Regulations 1994 ”;

ii

in point (b), in the words before point (i), for “Directive 91/271/EEC” there were substituted “ the Urban Waste Water Treatment (England and Wales) Regulations 1994 ”;

c

in point 5.4, the reference to Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste were a reference to the Landfill Directive;

d

in point 6.9, for “Directive 2009/31/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2009/31/EC in respect of England and Wales ”;

e

in point 6.11, for “Directive 91/271/EEC” there were substituted “ the Urban Waste Water Treatment (England and Wales) Regulations 1994 ”.

7

For the purposes of paragraph 2(a), Article 11(3)(j) of Directive 2000/60/EC is to be read as if—

a

the reference to “Member States” were a reference to the competent authority or appropriate authority;

b

in the words after the final indent, “environmental objectives”—

i

in relation to the Northumbria River Basin District, means the environmental objectives referred to in the WFD Regulations as applied by regulation 5 of the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003;

ii

in relation to the Solway Tweed River Basin District, has the same meaning as in regulation 2 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004;

iii

in relation to a river basin district within the meaning of the WFD Regulations, has the same meaning as in those Regulations.

F338

In paragraph 6(c), “the Landfill Directive” means Council Directive 1999/31/EC on the landfill of waste, as last amended by Directive (EU) 2018/850, and read as if, in Article 2—

a

in point (a) “‘waste’,” were omitted; and

b

after point (a) there were inserted—

aa

“waste” means anything that—

i

is waste within the meaning of Article 3(1) of Directive 2008/98/EC, as read with Articles 5 and 6 of that Directive, and

ii

is not excluded from the scope of that Directive by Article 2(1), (2) or (3) of that Directive;

9

In paragraph 7(b), “the WFD Regulations” means the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017.

Article 6AEU exit: transitional provision

1

Paragraph 3 applies to verification obtained in compliance with Article 5 as it had effect immediately before F34IP completion day.

2

Paragraph 3 also applies where—

a

before F34IP completion day, a producer or supplier has submitted a management system to a conformity assessment body or an environmental verifier for verification in compliance with Article 5 as it had effect immediately before F34IP completion day, and

b

after F34IP completion day, the producer or supplier obtains that verification.

3

Where this paragraph applies, the verification obtained is deemed to be verification for the purposes of Article 5.

4

In paragraph 2, “supplier” means the supplier of a producer or of an importer.

Article A1

1

In this Decision, “Directive 94/62/EC” means European Parliament and Council Directive 94/62/EC on packaging and packaging waste M41, as last amended by F40Directive (EU) 2018/852 of the European Parliament and of the Council M42, and read in accordance with paragraphs 2 and 3.

2

Article 2 is to be read as if—

a

in paragraph 1, for “F38the Community” there were substituted “F39Great Britain”;

b

paragraph 2 were omitted.

F413

Article 3 is to be read as if, in paragraph 2, for “Article 3 of Directive 2008/98/EC” there were substituted “Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive”.

4

In paragraph F423, the “Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by F43Directive (EU) 2018/851 , and read in accordance with paragraphs 5 and 6.

F445

Article 5 is to be read as if—

a

in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

b

after paragraph 1 there were inserted—

1A

Any decision as to whether a substance or object is a by-product must be made—

a

in accordance with any regulations setting out detailed criteria on the application of the conditions in paragraph 1 to specific substances or objects; and

b

having regard to any guidance published by the appropriate authority or the appropriate agency for the purposes of this Article.

c

paragraphs 2 and 3 were omitted.

6

Article 6 is to be read as if—

a

in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

b

after paragraph 1 there were inserted—

1A

Any decision as to whether a substance or object has ceased to be waste must be made—

a

in accordance with any regulations or retained direct EU legislation setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; and

b

having regard to any guidance published by the appropriate authority or the appropriate agency for the purposes of this Article.

c

in paragraph 2—

i

the first subparagraph were omitted;

ii

in the second subparagraph, for “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;

iii

the third and fourth subparagraphs were omitted;

d

paragraph 3 were omitted;

e

in paragraph 4—

i

in the first subparagraph—

aa

in the first sentence, for the words from the beginning to “Member State”, there were substituted “Where criteria have not been set out as referred to in paragraph 1A(a), the appropriate agency”;

bb

the second sentence were omitted;

ii

in the second subparagraph—

aa

for “Member States” there were substituted “The appropriate agency”;

bb

“by competent authorities” were omitted.

7

In this Article—

“appropriate agency” means—

a

in relation to England, the Environment Agency;

b

in regulation to Wales, the Natural Resources Body for Wales;

c

in relation to Scotland, the Scottish Environment Protection Agency;

“appropriate authority” means—

a

in relation to England, the Secretary of State;

b

in relation to Wales, the Welsh Ministers;

c

in relation to Scotland, the Scottish Ministers.

Article A1

1

In this Decision—

a

“appropriate agency” means—

i

in relation to England, the Environment Agency;

ii

in relation to Wales, the Natural Resources Body for Wales;

iii

in relation to Northern Ireland—

• — for the purposes of this Article, the Department of Agriculture, Environment and Rural Affairs;

• — otherwise, the Department for Infrastructure;

b

“appropriate authority” means—

i

in relation to England, the Secretary of State;

ii

in relation to Wales, the Welsh Ministers;

iii

in relation to Northern Ireland—

• — for the purposes of this Article, the Department of Agriculture, Environment and Rural Affairs;

• — otherwise, the Department for Infrastructure;

c

“local authority” means—

i

in England outside Greater London—

• — a district council,

• — a county council, or

• — the Council of the Isles of Scilly;

ii

in Greater London—

• — the council of a London borough,

• — the Common Council of the City of London,

• — the Sub-Treasurer of the Inner Temple, or

• — the Under-Treasurer of the Middle Temple;

iii

in Wales—

• — a county council, or

• — a county borough council;

iv

in Northern Ireland, a district council established under section 1 of the Local Government Act (Northern Ireland) 1972.

2

In this Decision, “the Landfill Directive” means Council Directive 1999/31/EC on the landfill of waste, as last amended by F47Directive (EU) 2018/850, and read in accordance with paragraphs 3 to 12.

3

A 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 F48IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion in respect of England, Wales or Northern Ireland.

4

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”, in both places it occurs, there were substituted “ Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions ”.

5

Article 2 is to be read as if—

F49a

in point (a)—

i

“‘waste’,” were omitted; and

ii

for “Directive 2008/98/EC” there were substituted “the Waste Framework Directive”;

b

after point (a) there were inserted—

aa

“waste” means anything that—

i

is waste within the meaning of Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive, and

ii

is not excluded from the scope of that Directive by Article 2(1), (2) or (3) of that Directive;

c

for point (l) there were substituted—

l

“operator”—

i

in relation to England and Wales, has the meaning given in regulation 7 of the Environmental Permitting (England and Wales) Regulations 2016 M43;

ii

in relation to Northern Ireland, has the meaning given in regulation 2(1) of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013 M44;

F505A

Article 3 is to be read as if—

a

in paragraph 2, “Without prejudice to existing Community legislation” were omitted;

b

for paragraph 3 there were substituted—

3

The management of extractive waste is excluded from the scope of this Directive—

a

in relation to England and Wales, where it falls within the scope of Schedule 20, or paragraph 8(a) or (b) of Schedule 22, to the Environmental Permitting (England and Wales) Regulations 2016 (“the 2016 Regulations”);

b

in relation to Northern Ireland, where it falls within the scope of the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015 (“the 2015 Regulations”).

In this paragraph, “extractive waste”—

a

in relation to England and Wales, has the meaning given in regulation 2(1) of the 2016 Regulations;

b

in relation to Northern Ireland, has the meaning given in regulation 2(2) of the 2015 Regulations.

6

Article 5(3) is to be read as if—

a

in point (b), for “Annex III to Directive 91/689/EECM45” there were substituted “ Annex 3 to the Waste Framework Directive ”;

b

in point (c), for the words from “(property H9” to the end there were substituted “ in Annex 3 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 “ 16th July 2001 ”;

ii

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

F51d

in point (f)—

i

after “waste”, in the first place it occurs, there were inserted “paper, metal, plastic and glass”;

ii

the words from “pursuant” to “Article 22 of that Directive” were omitted;

iii

for “Article 4 of that Directive” there were substituted “Article 4 of the Waste Framework Directive”;

F526A

Article 6(a) is to be read as if—

a

in the first paragraph, in the second sentence, for “may” there were substituted “does”;

b

in the second paragraph, for the words from “of Directive 2008/98/EC” to the end, there were substituted “set out in Part 1 of Schedule 1 to the Waste (England and Wales) Regulations 2011, or any objectives in retained EU law relating to the increase of preparing for re-use and recycling”.

7

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.

8

Article 11(1)(b) is to be read as if—

a

in the first indent—

i

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

ii

for the words from “Council Regulation (EEC) No 259/93” to the end there were substituted “ Regulation (EC) 1013/2006 of the European Parliament and of the Council on shipments of waste ”;

b

in the third indent, in the second sentence, “and Community” was omitted.

9

Article 13(d) is to be read as if the words from “and without prejudice” to “waste holder” were omitted.

10

Annex 1 is to be read as if—

a

in point 3.4, for “Directive 80/68/EECM46”, there were substituted “ Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy M47 ”;

F53b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

Annex 2 is to be read as if—

a

point 1 were omitted;

b

in point 2, in the second paragraph, the third sentence were omitted;

c

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

F53d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

Annex 3 is to be read as if—

a

Annex 3 is to be read as if—

F53i

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ii

in the table, for “14.00h CET” in both places it occurs there were substituted “ 1 p.m. ”;

b

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

Article A2

1

In this Decision, “the Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by F54Directive (EU) 2018/851, and read in accordance with paragraphs 2 to 8.

2

A 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 F55IP completion day , was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion in respect of England, Wales or Northern Ireland.

3

Article 2 is to be read as if—

a

in paragraph 2—

i

in the words before point (a), for “other Community legislation” there were substituted “ retained EU law ”;

ii

in points (b) and (c), for “Regulation (EC) No 1774/2002” there were substituted “ Regulation (EC) No 1069/2009 ”;

iii

in point (d), as it extends to England and Wales, for the words from “Directive 2006/21/EC” to the end there were substituted “ the Mining Waste Directive ”;

iv

for point (d), as it extends to Northern Ireland, there were substituted—

d

extractive waste, which has the same meaning as in regulation 2(2) of the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015.

b

in paragraph 3, the words from “Without prejudice” to “Community legislation,” were omitted;

c

paragraph 4 were omitted.

F564

Article 5 is to be read as if—

a

in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

b

after paragraph 1 there were inserted—

1A

Any decision as to whether a substance or object is a by-product must be made—

a

in accordance with any regulations setting out detailed criteria on the application of the conditions in paragraph 1 to specific substances or objects; and

b

having regard to any guidance published by the appropriate authority or the appropriate agency for the purposes of this Article.

c

paragraphs 2 and 3 were omitted..

5

Article 6 is to be read as if—

a

in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

b

after paragraph 1 there were inserted—

1A

Any decision as to whether a substance or object has ceased to be waste must be made—

a

in accordance with any regulations or retained direct EU legislation setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; and

b

having regard to any guidance published by the appropriate authority or the appropriate agency for the purposes of this Article.

c

in paragraph 2—

i

the first subparagraph were omitted;

ii

in the second subparagraph, for “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;

iii

the third and fourth subparagraphs were omitted;

d

paragraph 3 were omitted;

e

in paragraph 4—

i

in the first subparagraph—

aa

in the first sentence, for the words from the beginning to “Member State”, there were substituted “Where criteria have not been set out as referred to in paragraph 1A(a), the appropriate agency”;

bb

the second sentence were omitted;

ii

in the second subparagraph—

aa

for “Member States” there were substituted “The appropriate agency”;

bb

“by competent authorities” were omitted.

6

Article 7 is to be read as if—

a

before paragraph 1 there were inserted—

A1

In this Article, the “list of waste” means the list contained in the Annex to Commission Decision 2000/532/EC, as that list has effect in England, Wales or Northern Ireland (as the case may be).

b

in paragraph 1—

i

the first and second sentences were omitted;

ii

for the third sentence there were substituted “The list of waste shall, except as provided in Commission Decision 2000/532/EC, be binding as regards determination of the waste which is to be considered as hazardous waste or as non-hazardous waste.”;

c

paragraphs 2, 3, 6 and 7 were omitted.

7

Article 19(2) is to be read as if, for “a Member State” there was substituted “ the United Kingdom ”.

8

Annex 3 is to be read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted.

Article A3

1

In Article A2(3)(a)(iii), the “Mining Waste Directive” means Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries, read in accordance with paragraphs 2 and 3.

2

Article 2 is to be read as if—

a

in paragraph 2(c), the reference to Article 11(3)(j) of Directive 2000/60/EC were a reference to that Article read in accordance with paragraph 7 of this Article;

b

paragraphs 3 and 4 were omitted.

3

Article 3(1) is to be read as if, for “Article 1(a) of Directive 75/442/EEC” there were substituted “ Article 3(1) of Directive 2008/98/EC, as read with Articles 5 and 6 of that Directive ”.

4

For the purposes of paragraph 2(a), Article 11(3)(j) of Directive 2000/60/EC is to be read as if—

a

the reference to “Member States” were a reference to the competent authority or appropriate agency;

b

in the words after the final indent, “environmental objectives”—

i

in relation to the Northumbria River Basin District, means the environmental objectives referred to in the WFD Regulations as applied by regulation 5 of the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003;

ii

in relation to the Solway Tweed River Basin District, has the same meaning as in regulation 2 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004;

iii

in relation to a river basin district within the meaning of the WFD Regulations, has the same meaning as in those Regulations.

5

In paragraph 4(b), “the WFD Regulations” means the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017.

Article 1A

1

In this Decision, “Directive 94/62/EC” means European Parliament and Council Directive 94/62/EC on packaging and packaging waste, as last amended by F58Directive (EU) 2018/852 of the European Parliament and of the Council, and read in accordance with paragraphs 2 and 3.

F592

Article 3 is to be read as if, in paragraph 2, for “Article 3 of Directive 2008/98/EC” there were substituted “Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive”.

3

Article 11(1) is to be read as if—

a

in the words before the first indent, for “Member States” there were substituted “ The Secretary of State ”;

b

in the first, second and third indents, for “the date referred to in Article 22(i)” there were substituted “ 30th June 1996 ”.

4

In paragraph F602, the “Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by F61Directive (EU) 2018/851, and read in accordance with paragraphs 5 and 6.

F625

Article 5 is to be read as if—

a

in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

b

after paragraph 1 there were inserted—

1A

Any decision as to whether a substance or object is a by-product must be made—

a

in accordance with any regulations setting out detailed criteria on the application of the conditions in paragraph 1 to specific substances or objects; and

b

having regard to any guidance published by the appropriate authority or the appropriate agency for the purposes of this Article.

c

paragraphs 2 and 3 were omitted.

6

Article 6 is to be read as if—

a

in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

b

after paragraph 1 there were inserted—

1A

Any decision as to whether a substance or object has ceased to be waste must be made—

a

in accordance with any regulations or retained direct EU legislation setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; and

b

having regard to any guidance published by the appropriate authority or the appropriate agency for the purposes of this Article.

c

in paragraph 2—

i

the first subparagraph were omitted;

ii

in the second subparagraph, for “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;

iii

the third and fourth subparagraphs were omitted;

d

paragraph 3 were omitted;

e

in paragraph 4—

i

in the first subparagraph—

aa

in the first sentence, for the words from the beginning to “Member State”, there were substituted “Where criteria have not been set out as referred to in paragraph 1A(a), the appropriate agency”;

bb

the second sentence were omitted;

ii

in the second subparagraph—

aa

for “Member States” there were substituted “The appropriate agency”;

bb

“by competent authorities” were omitted.

7

In this Article—

“appropriate agency” means—

a

in relation to England, the Environment Agency;

b

in regulation to Wales, the Natural Resources Body for Wales;

c

in relation to Scotland, the Scottish Environment Protection Agency;

“appropriate authority” means—

a

in relation to England, the Secretary of State;

b

in relation to Wales, the Welsh Ministers;

c

in relation to Scotland, the Scottish Ministers.

Article A1

1

In this Decision, “appropriate agency” means—

a

in relation to England, the Environment Agency;

b

in relation to Wales, the Natural Resources Body for Wales;

c

in relation to Scotland—

i

a planning authority, or

ii

a National Park authority within the meaning of section 35(1) of the National Parks (Scotland) Act 2000 M48 (as the case may be);

d

in relation to Northern Ireland—

i

a district council established under section 1 of the Local Government Act (Northern Ireland) 1972, or

ii

the Department for Infrastructure (as the case may be).

2

A term which is used in this Decision—

a

as it extends to Scotland and which is defined in regulation 2(1) of the 2010 Scotland Regulations has the meaning given in that regulation;

b

as it extends to Northern Ireland and which is defined in regulation 2(2) of the 2015 NI Regulations has the meaning given in that regulation.

3

In this Decision—

a

“the 2010 Scotland Regulations” means the Management of Extractive Waste (Scotland) Regulations 2010;

b

“the 2015 NI Regulations” means the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015.

Article A2

1

For the purposes of this Decision, Directive 2006/21/EC of the European Parliament and of the Council concerning the management of waste from extractive industries is to be read in accordance with this Article.

2

A 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 F69IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion in respect of England or Wales.

3

Article 3 is to be read as if—

a

in point (1), for “Article 1(a) of Directive 75/442/EEC” there were substituted “ Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive ”;

b

in point (2), for “Article 1(4) of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste” there were substituted “ Article 3(2) of the Waste Framework Directive ”;

c

in point (4), for the words from “the national law” to the end there were substituted “ national law ”;

d

in point (24), for the words from “the national law” to “takes place” there were substituted “ national law ”.

4

Annex 3 is to be read as if—

a

in the second indent, “under Directive 91/689/EEC” were omitted;

b

in the third indent, for “Directives 67/548/EEC or 1999/45/EC” there were substituted “ Regulation (EC) 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures ”.

Article A3

1

In Article A2(3), the “Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by F70Directive (EU) 2018/851, and read in accordance with this Article.

2

A 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 F71IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion in respect of England or Wales.

F723

Article 5 is to be read as if—

a

in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

b

after paragraph 1 there were inserted—

1A

Any decision as to whether a substance or object is a by-product must be made—

a

in accordance with any regulations setting out detailed criteria on the application of the conditions in paragraph 1 to specific substances or objects; and

b

having regard to any guidance published by the appropriate authority or the appropriate agency for the purposes of this Article.

c

paragraphs 2 and 3 were omitted.

4

Article 6 is to be read as if—

a

in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

b

after paragraph 1 there were inserted—

1A

Any decision as to whether a substance or object has ceased to be waste must be made—

a

in accordance with any regulations or retained direct EU legislation setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; and

b

having regard to any guidance published by the appropriate authority or the appropriate agency for the purposes of this Article.

c

in paragraph 2—

i

the first subparagraph were omitted;

ii

in the second subparagraph, for “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;

iii

the third and fourth subparagraphs were omitted;

d

paragraph 3 were omitted;

e

in paragraph 4—

i

in the first subparagraph—

aa

in the first sentence, for the words from the beginning to “Member State”, there were substituted “Where criteria have not been set out as referred to in paragraph 1A(a), the appropriate agency”;

bb

the second sentence were omitted;

ii

in the second subparagraph—

aa

for “Member States” there were substituted “The appropriate agency”;

bb

“by competent authorities” were omitted.

5

Article 7 is to be read as if—

a

before paragraph 1 there were inserted—

A1

In this Article, the “list of waste” means the list contained in the Annex to Commission Decision 2000/532/EC, as that list has effect in England, Wales, Scotland or Northern Ireland (as the case may be).

b

in paragraph 1—

i

the first and second sentences were omitted;

ii

for the third sentence there were substituted “The list of waste shall, except as provided in Commission Decision 2000/532/EC, be binding as regards determination of the waste which is to be considered as hazardous waste or as non-hazardous waste.”;

c

paragraphs 2, 3, 6 and 7 were omitted.

6

Annex 3 is to be read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted.

Article A4

In Articles A2 and A3—

a

“appropriate authority” means—

i

in relation to England, the Secretary of State;

ii

in relation to Wales, the Welsh Ministers;

b

“local authority” means—

i

in England outside Greater London—

• — a district council,

• — a county council, or

• — the Council of the Isles of Scilly;

ii

in Greater London—

• — the council of a London borough,

• — the Common Council of the City of London,

• — the Sub-Treasurer of the Inner Temple, or

• — the Under-Treasurer of the Middle Temple;

iii

in Wales—

• — a county council, or

• — a county borough council.