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

Commission Decision 2001/171/EC establishing the conditions for a derogation for glass packaging in relation to the heavy metal concentration levels established in Directive 94/62/EC on packaging and packaging wasteU.K.

This section has no associated Explanatory Memorandum

14.—(1) Commission Decision 2001/171/EC establishing the conditions for a derogation for glass packaging in relation to the heavy metal concentration levels established in Directive 94/62/EC on packaging and packaging waste is amended as follows.

(2) Before Article 1, insert—

“Article A1U.K.

1. In this Decision, “Directive 94/62/EC” means European Parliament and Council Directive 94/62/EC on packaging and packaging waste M1, as last amended by [F1Directive (EU) 2018/852] of the European Parliament and of the Council M2, and read in accordance with paragraphs 2 and 3.

2. Article 2 is to be read as if—

(a)in paragraph 1, for “[F2the Community]” there were substituted “[F3Great Britain]”;

(b)paragraph 2 were omitted.

[F43. 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 [F53], the “Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by [F6Directive (EU) 2018/851] , and read in accordance with paragraphs 5 and 6.

[F75. 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;