PART 3 Amendment of primary legislation

6 The Waste (Wales) Measure 2010
1 The Waste (Wales) Measure 2010 is amended as follows.
2010 nawm 8. Section 9A was inserted by the Environment (Wales) Act 2016, s 67.
2 In section 9(3) at the end insert “, and read as if—
(a) in Article 2—
(i) in point (a) the reference to the definition of ’waste’ were omitted;
(ii) after point (a) there were inserted—

“(aa) ‘Waste’ has the meaning given in Article 3(1) of Directive 2008/98/EC (“the Waste Framework Directive”), as read with Articles 5 and 6 of that Directive.”

;
(b) in Article 3—
(i) in paragraph (2) for “Without prejudice to existing Community legislation the” there were substituted “The”;
(ii) for paragraph (3) there were substituted—

“3 The management of extractive waste, within the meaning given in regulation 2(1) of the Environmental Permitting (England and Wales) Regulations 2016, is excluded from the scope of this Directive where it falls within the scope of Schedule 20, or paragraph 8(a) or (b) of Schedule 22, to those Regulations.”

Reg. 6(2) substituted (31.12.2020 immediately before IP completion day) by The Waste (Wales) (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1339), regs. 1(3), 2(2)(a)
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reg. 6(3) omitted (31.12.2020 immediately before IP completion day) by virtue of The Waste (Wales) (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1339), regs. 1(3), 2(2)(b)
4 In section 17—
(a) in subsection (2) ..., at the end insert “ , and read in accordance with subsections (3) to (8) ”;
Words in reg. 6(4)(a) omitted (31.12.2020 immediately before IP completion day) by virtue of The Waste (Wales) (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1339), regs. 1(3), 2(2)(c)(i)
(b) after subsection (2) insert—

“(3) A reference to one or more member States in a provision imposing an obligation or conferring a discretion on a member State or member States is to be read as a reference to the Welsh Ministers, the Natural Resources Body for Wales or local authority which, immediately before IP completion day (within the meaning given to that expression in the European Union (Withdrawal Agreement) Act 2020), was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion in respect of Wales.
Words in reg. 6(4)(b) substituted (31.12.2020 immediately before IP completion day) by The Waste (Wales) (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1339), regs. 1(3), 2(2)(c)(ii)(aa)
(4) Article 2 is to be read as if—
(a) in paragraph 2—
(i) in the words before point (a), for “other Community legislation” there were substituted “ retained EU law ”;
(ii) in points (b) and (c), for “Regulation (EC) No 1774/2002” there were substituted “ Regulation (EC) No 1069/2009 ”;
(iii) in point (d), for the words from “Directive 2006/21/EC” to the end there were substituted “ the Mining Waste Directive (see section 17A) ”;
(b) in paragraph 3, the words from “Without prejudice” to “Community legislation,” were omitted;
(c) paragraph 4 were omitted.
(5) Article 5 is to be read as if—
(a) in paragraph 1, for “Member States shall take appropriate measures to ensure that a”, there were substituted “A”;
(b) after paragraph 1 there were inserted—

“1A Any decision as to whether a substance or object is a by-product, must be made—
(a) in accordance with any regulations setting out detailed criteria on the application of the conditions in paragraph 1 to specific substances or objects; and
(b) having regard to any guidance published by the Welsh Ministers or the Natural Resources Body for Wales for the purposes of this Article.”

;
(c) paragraphs 2 and 3 were omitted.
Words in reg. 6(4)(b) substituted (31.12.2020 immediately before IP completion day) by The Waste (Wales) (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1339), regs. 1(3), 2(2)(c)(ii)(bb)
(6) Article 6 is to be read as if—
(a) in paragraph 1 for “Member States shall take appropriate measures to ensure that waste”, there were substituted “Waste”;
(b) after paragraph 1 there were inserted—

“1A Any decision as to whether a substance or object has ceased to be waste must be made—
(a) in accordance with any regulations or retained direct EU legislation (within the meaning given to that expression in the European Union (Withdrawal) Act 2018) setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; and
(b) having regard to any guidance published by the Welsh Ministers or the Natural Resources Body for Wales for the purposes of this Article.”

;
(c) in paragraph 2—
(i) the first sub-paragraph were omitted;
(ii) in the second sub-paragraph, for “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;
(iii) the third and fourth sub-paragraphs were omitted;
(d) paragraph 3 were omitted;
(e) in paragraph 4—
(i) in the first sub-paragraph—
(aa) in the first sentence, for the words from the beginning to “Member State”, there were substituted “Where criteria have not been set out as referred to in paragraph 1A(a) the Natural Resources Body for Wales”;
(bb) the second sentence were omitted;
(ii) in the second sub-paragraph—
(aa) for “Member States” there were substituted “The Natural Resources Body for Wales”;
(bb) “by competent authorities” were omitted.
(7) Article 7 is to be read as if—
(a) before paragraph 1 there were inserted—

“A1 In this Article, the “list of waste” means the list contained in the Annex to Commission Decision 2000/532/EC, as that list has effect in Wales.”

;
(b) in paragraph 1—
(i) the first and second sentences were omitted;
(ii) for the third sentence there were substituted “The list of waste shall, except as provided in Commission Decision 2000/532/EC, be binding as regards determination of the waste which is to be considered as hazardous waste or as non-hazardous waste.”;
(c) paragraphs 2, 3, 6 and 7 were omitted.
(8) Annex 3 is to be read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted.”

5 After section 17 insert—

“17A Meaning of the “Mining Waste Directive”
(1) In reading Article 2 of the Waste Framework Directive in accordance with section 17(4), “the Mining Waste Directive” (as inserted by paragraph (a)(iii) of section 17(4)) means Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries , read in accordance with subsections (2) to (5).
OJ No L 102, 11.4.2006, p 15, as amended by Regulation (EC) No 596/2009 of the European Parliament and of the Council (OJ No L 118, 18.7.2009, p 14).
(2) Article 2 is to be read as if—
(a) in paragraph 2(c), the reference to Article 11(3)(j) of Directive 2000/60/EC were a reference to that Article read in accordance with subsection (4);
OJ No L 327, 22.12.2000, p 1, as last amended by Commission Directive 2014/101/EU (OJ No L 311, 31.10.2014, p 32).
(b) paragraphs 3 and 4 were omitted.
(3) Article 3(1) is to be read as if, for “Article 1(a) of Directive 75/442/EEC” there were substituted “ Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive ”.
(4) For the purposes of subsection (2)(a), Article 11(3)(j) of Directive 2000/60/EC is to be read as if—
(a) the first reference to “Member States” were a reference to the Welsh Ministers or the Natural Resources Body for Wales;
(b) at the end there were inserted—

“and “environmental objectives”, in relation to a river basin district within the meaning of the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 has the same meaning as in those Regulations.”

.
S.I. 2017/407, to which there are amendments not relevant to these Regulations.
(5) In reading the Mining Waste Directive in accordance with subsection (3), the reference in that Directive, to the “Waste Framework Directive” (as inserted by subsection (3)) has the meaning given by section 17(2) of this measure.”

.
Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)