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

Commission Decision 2009/292/EC establishing the conditions for a derogation for plastic crates and plastic pallets in relation to the heavy metal concentration levels established in Directive 94/62/EC on packaging and packaging waste U.K.

16.—(1) Commission Decision 2009/292/EC establishing the conditions for a derogation for plastic crates and plastic pallets in relation to the heavy metal concentration levels established in Directive 94/62/EC on packaging and packaging waste is amended as follows.

(2) After Article 1 insert—

“Article 1A U.K.

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 [F1 Directive (EU) 2018/852] of the European Parliament and of the Council, and read in accordance with paragraphs 2 and 3.

[F2 2.   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 [F3 2], the “Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by [F4 Directive (EU) 2018/851], and read in accordance with paragraphs 5 and 6.

[F5 5.   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.”].

(3) In Article 4—

(a) in paragraph 2, for “Member States” substitute “ The Secretary of State ”;

(b) in paragraph 3, omit “of the Member State concerned”.

(4) In Article 5—

(a) in paragraph 1, in the first subparagraph, for “Member States” substitute “ The Secretary of State ”;

(b) in paragraph 2, in the first sentence, for “Member States” substitute “ the Secretary of State ”;

(c) in paragraph 3—

(i) in the first subparagraph, for “Member States” substitute “ The Secretary of State ”;

(ii) in the second subparagraph—

(aa) for “[F6 the Community]” in the first place it occurs substitute “[F7 Great Britain]”;

(bb) omit “Community” in the second place it occurs.

(5) In Article 6, for “Member States” substitute “ The Secretary of State ”.

(6) In Article 7—

(a) the existing text becomes paragraph 1;

(b) in that paragraph—

(i) for the words from “Member States” to “Article 17 of Directive 94/62/EC” substitute “ The Secretary of State must publish, in a manner which the Secretary of State considers appropriate, ”;

(ii) at the end, insert “ in respect of [F8 Great Britain]”;

(c) after that paragraph insert—

“2.   The first report under paragraph 1 must be published before the end of the period of 3 years beginning with [F9 IP completion day].

3.   Subsequent information must be published at intervals not exceeding 3 years.”.

(7) Omit Articles 8 and 9.

Textual Amendments

F1 Words in reg. 16(2) substituted (31.12.2020 immediately before IP completion day) by The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 14(12)(a)(i)

F2 Words in reg. 16(2) substituted (31.12.2020 immediately before IP completion day) by The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 14(12)(a)(ii)

F3 Word in reg. 16(2) substituted (31.12.2020 immediately before IP completion day) by The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 14(12)(a)(iii)(aa)

F4 Words in reg. 16(2) substituted (31.12.2020 immediately before IP completion day) by The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 14(12)(a)(iii)(bb)

F5 Words in reg. 16(2) substituted (31.12.2020 immediately before IP completion day) by The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 14(12)(a)(iv)

F6 Words in reg. 16(4)(c)(ii)(aa) substituted (31.12.2020 immediately before IP completion day) by The Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1647), regs. 1(2), 17(3)(a)(i)

F7 Words in reg. 16(4)(c)(ii)(aa) substituted (31.12.2020 immediately before IP completion day) by The Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1647), regs. 1(2), 17(3)(a)(ii)

F8 Words in reg. 16(6)(b)(ii) substituted (31.12.2020 immediately before IP completion day) by The Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1647), regs. 1(2), 17(3)(b)

F9 Words in reg. 16(6)(c) substituted (31.12.2020 immediately before IP completion day) by The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 14(12)(b)

Commencement Information

I1 Reg. 16 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)