Amendment of the Environmental Permitting (England and Wales) Regulations 20104

1

The Environmental Permitting (England and Wales) Regulations 2010 M1 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 M2;

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) M3.

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 M4.

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”.