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

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 M1 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

M1 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 M2 are amended as follows.

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

(3) In regulation 3(a) M3 (Annex III to the Waste Directive), omit “, as that Annex is set out in Schedule 3”.

(4) For regulation 4(1) M4 (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 M5 (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

M2 S.I. 2005/1806 (W. 138), relevant amending instruments are S.I. 2011/971 (W 141) and S.I. 2011/988.

M3 Regulation 3 was substituted by S.I. 2011/971 (W. 141).

M4 As amended by S.I. 2011/971 (W. 141).

M5 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 M6 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 M7 ;”;

(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) M8 .”.

(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 M9 .”;

(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

M6 S.I. 2010/675, of which there are amendments not relevant to these Regulations.

M7 OJ No L 312, 22.11.2008, p. 3.

M8 OJ No L 197, 24.7.2012, p.38.

M9 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 M10 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

M10 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 M11 (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

M11 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 M12 ;

(b) regulation 4 (amendment of the List of Wastes (Wales) Regulations 2005) of the Waste (Miscellaneous Provisions) (Wales) Regulations 2011 M13 .

Marginal Citations

M12 S.I. 2005/1820 (W. 148) as amended by S.I. 2011/971 (W. 141).

M13 S.I. 2011/971 (W. 141).

Carl Sargeant

Minister for Natural Resources, one of the Welsh Ministers