The Hazardous Waste (Wales) (Amendment) Regulations 2019

Welsh Statutory Instruments

2019 No. 1165 (W. 203)

Environmental Protection, Wales

The Hazardous Waste (Wales) (Amendment) Regulations 2019

Made

19 July 2019

Laid before the National Assembly for Wales

24 July 2019

Coming into force in accordance with regulation 1(2)

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 European Communities Act 1972(1) (“the ECA 1972”).

The Welsh Ministers are designated(2) for the purposes of section 2(2) of the ECA 1972 in relation to measures relating to the prevention, reduction and elimination of pollution caused by waste(3) and the prevention, reduction and management of waste(4).

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 Regulation (EU) 2019/1021 of the European Parliament and of the Council on persistent organic pollutants (recast)(5) to be construed as references to that Regulation as amended from time to time.

Title and commencement

1.—(1) The title of these Regulations is the Hazardous Waste (Wales) (Amendment) Regulations 2019.

(2) These Regulations come into force 21 days after the day on which they are laid.

Amendment to the Hazardous Waste (Wales) Regulations 2005

2.  For Schedule 8 (form of consignee’s return to producer or holder/ffurf ateb y traddodai i’r cynhyrchydd neu’r deiliad) to the Hazardous Waste (Wales) Regulations 2005(6), substitute the new Schedule 8 set out in the Schedule to these Regulations.

Hannah Blythyn

Deputy Minister for Housing and Local Government, under authority of the Minister for Housing and Local Government, one of the Welsh Ministers

19 July 2019

Regulation/Rheoliad 2

SCHEDULE/ATODLEN

Regulation/Rheoliad 54

“SCHEDULE 8/ATODLEN 8 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 the Hazardous Waste (Wales) Regulations 2005 (S.I. 2005/1806 (W. 138)) (“the 2005 Regulations”) in order to supplement Regulation (EU) 2019/1021 of the European Parliament and of the Council on persistent organic pollutants (recast) (OJ No. L 169, 25.6.2019, p. 45).

Regulation (EU) 2019/1021 replaces and repeals Regulation (EC) No 850/2004 of the European Parliament and of the Council on persistent organic pollutants (OJ No. L 158, 30.4.2004, p. 7).

Regulation 2 substitutes a new Schedule 8 to the 2005 Regulations in order to update references to Regulation (EU) 2019/1021.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.

(1)

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 section 3(3) of, and 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 section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 and by S.I. 2007/1388.

(2)

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 (“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.

(3)

S.I. 2005/850.

(4)

S.I. 2010/1552.

(5)

OJ No. L 169, 25.6.2019, p. 45.

(6)

S.I. 2005/1806 (W. 138), amended by S.I. 2015/1417 (W. 141). There are other amending instruments but none is relevant.