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

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

4.—(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”..

Marginal Citations

M1S.I. 2010/675, of which there are amendments not relevant to these Regulations.

M2OJ No L 312, 22.11.2008, p. 3.

M3OJ No L 197, 24.7.2012, p.38.

M4OJ 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).