The Hazardous Waste (Miscellaneous Amendments) (Wales) Regulations 2015

Welsh Statutory Instruments

2015 No. 1417 (W. 141)

Environmental Protection, Wales

The Hazardous Waste (Miscellaneous Amendments) (Wales) Regulations 2015

Made

24 June 2015

Laid before the National Assembly for Wales

26 June 2015

Coming into force

20 July 2015

The Welsh Ministers have, in accordance with section 2(4) of the Pollution Prevention and Control Act 1999 M1 (“the PPCA1999”) consulted—

(a)

the Natural Resources Body for Wales;

(b)

such bodies or persons appearing to them to be representative of the interests of local government, industry, agriculture and small businesses respectively as they consider appropriate; and

(c)

such other bodies or persons as they consider appropriate.

The Welsh Ministers have also, in accordance with section 27(2) and (4) of the Waste and Emissions Trading Act 2003 M2 (“the WETA 2003”) consulted—

(a)

such bodies or persons appearing to them to be representative of the interests of waste disposal authorities in their area as they consider appropriate;

(b)

such bodies or persons appearing to them to be representative of the interests of persons concerned in the operation of landfills in their area as they consider appropriate; and

(c)

such bodies or persons appearing to them to be representative of any other affected persons as they consider appropriate.

The Welsh Ministers are designated M3 for the purposes of section 2(2) of the European Communities Act 1972 M4 (“the ECA 1972”) in relation to measures relating to the prevention, reduction and elimination of pollution caused by waste M5 and the prevention, reduction and management of waste M6 .

These Regulations make provision for a purpose mentioned in section 2(2) of the ECA 1972, and it appears to the Welsh Ministers that it is expedient for references to Commission Decision 2000/532/EC M7 , referred to in regulations 2(2), 3(4), 4(4)(a), 5(2) and 6, to be construed as references to that instrument as amended from time to time.

The Welsh Ministers make these Regulations in exercise of the powers conferred by section 2(2) of and paragraph 1A of Schedule 2 to the ECA 1972, section 75(8) of the Environmental Protection Act 1990 M8 , section 2 of and Schedule 1 to the PPCA 1999 and sections 11, 12 and 13 of the WETA 2003.

Marginal Citations

M1 1999 c. 24.

M2 2003 c. 33.

M3 By virtue of section 59(2) of the Government of Wales Act 2006 (c.32) (“GOWA 2006”) the Welsh Ministers may exercise the power conferred by section 2(2) of the European Communities Act 1972 (c.68) (“the ECA 1972”) in relation to any matter, or for any purpose, if they have been designated in relation to that matter or for that purpose. Paragraph 28(1) of Schedule 11 to GOWA 2006 provides that designations made under section 2(2) of the ECA 1972 by virtue of section 29 (1) of the Government of Wales Act 1998 (c.38) which are in force immediately before the commencement of the repeal of that subsection by GOWA 2006 continue to have effect after the commencement of that repeal as if made by virtue of section 59(1) of GOWA 2006.

M4 1972 c. 68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and was amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 and by S.I. 2007/1388.

M5 S.I. 2005/850.

M6 S.I. 2010/1552.

M7 OJ No L 226, 6.9.2000, p. 3, as last amended by Commission Decision 2014/955/EU (OJ No L 370, 30.12.14, p. 44).

M8 1990 c. 43.

Title, commencement and application E+W

1.—(1) The title of these Regulations is the Hazardous Waste (Miscellaneous Amendments) (Wales) Regulations 2015.

(2) These Regulations come into force on 20 July 2015.

(3) These Regulations apply in relation to Wales.

Amendment of the Landfill Allowances Scheme (Wales) Regulations 2004 E+W

2.—(1) The Landfill Allowances Scheme (Wales) Regulations 2004 M9 are amended as follows.

(2) In regulation 2(1) (interpretation) in the appropriate place, insert—

““the List of Wastes” (“y Rhestr Wastraffoedd”) means the list of wastes established by Commission Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste, as amended from time to time;”.

(3) In regulation 6(2)(b) (obligation for waste disposal authorities to keep records and make returns), for “list of hazardous waste pursuant to List of Waste (Wales) Regulations 2005 for, the waste” substitute “ List of Wastes ”.

(4) In regulation 7(1)(b) (obligation for operators of landfills to keep records and make returns), for “List of Waste (Wales) Regulations 2005” substitute “ List of Wastes ”.

Marginal Citations

M9 S.I. 2004/1490 (W. 155) as amended by S.I. 2005/1820 (W. 148). There are other amendments not relevant to these Regulations.

Amendment of the Hazardous Waste (Wales) Regulations 2005 E+W

3.—(1) The Hazardous Waste (Wales) Regulations 2005 M10 are amended as follows.

F1 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In regulation 3(a) M11 (Annex III to the Waste Directive), omit “, as that Annex is set out in Schedule 3”.

(4) For regulation 4(1) M12 (the List of Wastes), substitute—

“(1) In these Regulations, “the List of Wastes”(“y Rhestr Wastraffoedd”) means the list of wastes established by Commission Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste, as amended from time to time.”.

(5) In regulation 6(b), for “62A(1)” substitute “ 62A(2) ”.

(6) In regulation 8—

(a) in paragraph (1)(b), for “62A(1)” substitute “ 62A(2) ”;

(b) in paragraph (2) (specific waste to be treated as hazardous), for “Article 3 of the List of Wastes Decision” substitute “ Article 7(2) of the Waste Directive ”.

(7) In regulation 9—

(a) in paragraph (1)(b), for “62A(1)” substitute “ 62A(2) ”;

(b) in paragraph (2), for “Article 3 of the List of Wastes Decision” substitute “ Article 7(3) of the Waste Directive ”.

(8) Omit Schedule 3 M13 (Annex III to the Waste Directive).

(9) For Schedule 8 (form of consignee's return to producer or holder) substitute the text in the Schedule to these Regulations.

Textual Amendments

F1 Reg. 3(2) revoked (5.7.2018) by The Hazardous Waste (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/721), regs. 1(2), 7(a)

Marginal Citations

M10 S.I. 2005/1806 (W. 138), relevant amending instruments are S.I. 2011/971 (W 141) and S.I. 2011/988.

M11 Regulation 3 was substituted by S.I. 2011/971 (W. 141).

M12 As amended by S.I. 2011/971 (W. 141).

M13 Schedule 3 was Substituted by S.I. 2011/971 (W 141).

Amendment of the Environmental Permitting (England and Wales) Regulations 2010 E+W

4.—(1) The Environmental Permitting (England and Wales) Regulations 2010 M14 are amended as follows.

(2) In regulation 2(1) (interpretation: general) in the definition of “WEEE”, for “Article 3(b)” substitute “ Article 3(1)(e) ”.

(3) In regulation 3 (interpretation: Directives)—

(a) for the definition of “the Waste Framework Directive” substitute—

““the Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on Waste M15 ;”;

(b) for the definition of “the WEEE Directive” substitute—

““the WEEE Directive” means Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE) M16 .”.

(4) In paragraph 1 of chapter 1 of Part 1 of Schedule 3, (exempt facilities: descriptions and conditions)—

(a) in sub-paragraph (1) at the appropriate place insert—

““List of Wastes” means the list of wastes established by Commission Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste, as amended from time to time;”;

(b) for sub-paragraph (2) substitute—

“(2) In this Part, a six digit code used to refer to a waste is a reference to the waste specified by the six digit code in the List of Wastes except insofar as the waste in this Part in relation to such a code does not include some of the types of waste specified by the code in the List”.

(5) In section 2 of chapter 3 of part 1 of Schedule 3—

(a) in paragraph 1—

(i) in sub-paragraph (3)(e), for “dangerous substance” substitute “ hazardous substance ”;

(ii) for sub-paragraph (5), substitute—

“(5) In this paragraph, “hazardous substance” means a substance classified as hazardous as a consequence of fulfilling the criteria laid down in parts 2 to 5 of Annex 1 to Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures M17 .”;

(b) in paragraph 11 sub-paragraph (3)(c), for “Annex III” substitute “ Annex VIII ”; and

(c) in the table at paragraph 15(2), in the second column of the row beginning “160504*”, for “dangerous substances”, substitute “ hazardous substances ”.

(6) In section 2 of chapter 5 of part 1 of Schedule 3, in the table at paragraph 1(2), in the second column of the row beginning “150202*”, for “dangerous substances” substitute “ hazardous substances ”.

(7) In Schedule 12 (waste electrical and electronic equipment)—

(a) in paragraph 2, sub-paragraph (1), for “Article 3(b)” substitute “ Article 3(1)(e) ”;

(b) in paragraph 3—

(i) in sub-paragraph (1), for “Article 6(1) first paragraph and Article 6(3) and (4)” substitute “ Articles 8(1) to (3) and 9(3) ”;

(ii) for sub-paragraph (2) substitute—

“(2) But when interpreting the WEEE Directive for the purposes of this paragraph, ignore the following words in Article 9(3)—

(a) “or the registration referred to in paragraphs 1 and 2”; and

(b) “and for the achievement of the recovery targets set out in Article 11”.”.

Marginal Citations

M14 S.I. 2010/675, of which there are amendments not relevant to these Regulations.

M15 OJ No L 312, 22.11.2008, p. 3.

M16 OJ No L 197, 24.7.2012, p.38.

M17 OJ No L 353, 31.12.2008, p.1, as last amended by Commission Regulation (EU) No 1297/2014 (OJ No L 350, 6.12.14, p.1).

Amendment of the Waste (England and Wales) Regulations 2011 E+W

5.—(1) The Waste (England and Wales) Regulations 2011 M18 are amended as follows.

(2) In regulation 3(1) (interpretation), in the appropriate place, insert—

““the List of Wastes” means the list of wastes established by Commission Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste, as amended from time to time;”.

(3) In regulation 35(2)(a) (waste information), omit “(England) Regulations 2005 or, as the case may be, the List of Wastes (Wales) Regulations 2005”.

(4) For paragraph 11(3)(b) of Schedule 1 (waste prevention programmes and waste management plans), substitute—

“(b) naturally occurring material falling within the description relating to code 17 05 04 in the List of Wastes.”.

Marginal Citations

M18 S.I. 2011/988; relevant amending instruments are S.I. 2013/755 and 2014/656.

Amendment of the Controlled Waste (England and Wales) Regulations 2012 E+W

6.  In paragraph 1 of Schedule 1 to the Controlled Waste (England and Wales) Regulations 2012 M19 (household, industrial and commercial waste), for paragraph (c) of the definition of “offensive waste”, substitute—

“(c) falls within the description relating to code 18 01 04, 18 02 03 or 20 01 99 in the list of wastes established by Commission Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste, as amended from time to time;”.

Marginal Citations

M19 S.I. 2012/811, to which there are amendments not relevant to these Regulations.

Revocations E+W

7.  The following provisions are revoked—

(a) The List of Wastes (Wales) Regulations 2005 M20 ;

(b) regulation 4 (amendment of the List of Wastes (Wales) Regulations 2005) of the Waste (Miscellaneous Provisions) (Wales) Regulations 2011 M21 .

Marginal Citations

M20 S.I. 2005/1820 (W. 148) as amended by S.I. 2011/971 (W. 141).

M21 S.I. 2011/971 (W. 141).

Carl Sargeant

Minister for Natural Resources, one of the Welsh Ministers

Regulation/Rheoliad 3(9)

SCHEDULE/ATODLEN E+W

Regulation/Rheoliad 54

“SCHEDULE 8/ATODLEN 8 E+W Form of consignee's return to producer or holder/Ffurf ateb y traddodai i'r cynhyrchydd neu'r deiliad

”

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend certain statutory instruments concerned with hazardous waste, which refer to the List of Wastes (Wales) Regulations 2005 (S.I. 2005/1820 (W. 148))(“the List of Wastes Regulations”), or to European Union enactments concerning hazardous waste.

The amendments made by these Regulations are necessary in order to—

implement Commission Regulation (EU) No 1357/2014 (OJ No L 365, 19.12.14, p. 89), which amends Directive 2008/98/EC (OJ No L 312, 22.11.2008, p. 3) (“the Waste Directive”);

implement Commission Decision 2014/955/EU (OJ No L 370, 30.12.2014, p. 44), which amends Commission Decision 2000/532/EC (OJ No L 226, 6.9.00, p. 3) (“the List of Wastes Decision”);

recognise the recasting of Directive 2002/96/EC (OJ L 37, 13.2.2003, p.24) on Waste Electrical and Electronic Equipment (“the WEEE Directive”), as Directive 2012/19/EU (OJ No L 197, 24.7.2012, p 38);

recognise changes in terminology made by Regulation (EC) No 1272/2008 of the European Parliament and of the Council, on classification, labelling and packaging of substances and mixtures (OJ No L 353, 31.12.2008, p.1) (“the CLP Regulation”).

For the purpose of implementing the amended List of Wastes Decision, the List of Wastes Regulations are revoked. References to those Regulations, where they occur in the instruments amended by these Regulations, are substituted with a reference to the List of Wastes Decision itself, as amended from time to time.

Regulation 2 of these Regulations amends the Landfill Allowances Scheme (Wales) Regulations 2004 (S.I. 2004/1490 (W. 155)) by substituting, for references to the List of Wastes Regulations, a reference to the List of Wastes Decision.

Regulation 3 and the Schedule make amendments to the Hazardous Waste (Wales) Regulations 2005 (S.I.2005/1806 (W. 138))(“the Hazardous Waste Regulations”).

Regulation 3(2) substitutes the definition of the Waste Directive in regulation 2 of the Hazardous Waste Regulations.

Regulation 3(3) amends the definition of Annex III to the Waste Directive in regulation 3(a) by omitting the reference to Schedule 3 to those Regulations, and Schedule 3 to those Regulations is itself omitted by virtue of regulation 3(8).

Regulation 3(4) substitutes the definition of the List of Wastes in regulation 4(1). The new definition refers directly to the List of Wastes Decision as amended from time to time.

Paragraphs (5), (6)(a) and (7)(a) of regulation 3 correct a reference to section 62A of the Environmental Protection Act 1990 (c.43).

Regulation 3(6)(b) substitutes for a reference to Article 3 of the List of Wastes Decision, a reference to Article 7(2) of the Waste Directive.

Regulation 3(7)(b) substitutes for a reference to Article 3 of the List of Wastes Decision, a reference to Article 7(3) of the Waste Directive.

Regulation 3(9) and the Schedule substitute a new Schedule 8.

Regulation 4 amends the Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675)(“the EPR 2010”).

Paragraphs (2), (5)(b) and (7) of regulation 4, update references to certain Articles in the WEEE Directive in order to align those references to the equivalent provisions in the recast Directive.

Regulation 4(3)(a) substitutes a reference to the Waste Directive. For the purpose of consistency with other relevant provisions, the substituted provision does not refer expressly to the amending Regulation EU No 1357/2014. But the effect of section 20A of the Interpretation Act 1978 (c.30)(“the 1978 Act”), is that where an Act passed after the commencement of that section refers to a European Union instrument, unless a contrary intention appears, the reference is to the instrument as amended at the date the Act comes into force. Section 23(1) of the 1978 Act applies that principle also in relation to secondary legislation. Accordingly, the substitution made by regulation 4(3)(a) has the effect that references to the Waste Directive in the EPR 2010 become references to that Directive as amended at the date on which these Regulations come into force.

Regulation 4(3)(b) substitutes, for the reference to the WEEE Directive, a reference to that Directive as recast.

Regulation 4(4) inserts a reference to the List of Wastes Decision as amended from time to time, in Schedule 3 of the EPR 2010, substituting references to the List of Wastes Regulations, with a reference to that Decision.

Paragraphs (5) and (6) of Regulation 4, substitute for various references to “dangerous substances”, references to “hazardous substances”, in order to align the provisions with the terminology used in the CLP Regulation.

Regulation 5 amends the Waste (England and Wales) Regulations 2011 (S.I. 2011/988) by inserting a reference to the List of Wastes Decision as amended from time to time, and substituting, for references to the List of Wastes Regulations, references to that Decision.

Regulation 6 amends the Controlled Waste (England and Wales) Regulations 2012 (S.I. 2012/811), by substituting, for the reference to the List of Wastes Regulations in the definition of “offensive waste”, a reference to the List of Wastes Decision.

Regulation 7 revokes the List of Wastes (Wales) Regulations 2005 (S.I. 2005/1820 (W. 148)) and regulation 4 of the Waste (Miscellaneous Provisions) (Wales) Regulations 2011 (S.I. 2011/971 (W. 141)).

No impact assessment has been undertaken for this instrument because no impact on business is foreseen.