The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019
| Year | 2019 |
2019 No. 620
Exiting The European Union
Environmental Protection
Waste
The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019
Made 19th March 2019
Coming into force in accordance with regulation 1(2)
The Secretary of State makes these Regulations in exercise of the powers conferred by—
(a) in relation to Part 1, the provisions mentioned in paragraphs (b) and (c);
(b) in relation to Part 2, section 2(2) of the European Communities Act 19721;
(c) in relation to the remainder of the Regulations, section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 20182.
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to the prevention, reduction and elimination of pollution caused by waste3.
In accordance with paragraph 2(2) of Schedule 2 to the European Communities Act 1972 and paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
PART 1
Introductory
Citation and commencement
1.—(1) These Regulations may be cited as the Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019.
(2) They come into force as follows—
(a)
(a) as regards this Part and Part 2, on the day after the day on which they are made;
(b)
(b) as regards the remainder, on exit day.
PART 2
Amendment of out of date references
Environmental Protection Act 1990
2.—(1) The Environmental Protection Act 19904is amended as follows.
(2) In section 33(13)5, as it extends to England and Wales, for the words from “ Directive 2008/98/EC6” to the end substitute “the Waste Framework Directive”.
(3) In section 34(2A)7, as it extends to Scotland, for “Waste Directive” substitute “Waste Framework Directive”.
(4) In section 57(8)8, as it extends to England and Wales, in the definition of “waste”, for “ Directive 2008/98/ECof the European Parliament and of the Council on waste” substitute “the Waste Framework Directive”.
(5) In section 62A(1)(b) and (2)(b)9, for “ Directive 2008/98/EC, as last amended by Council Regulation (EU) 2017/99710” substitute “the Waste Framework Directive”.
(6) In section 7511—
(a)
(a) after subsection (1), insert—
“1A “Waste Framework Directive” means Directive 2008/98/ECof the European Parliament and of the Council on waste, as last amended by Council Regulation (EU) 2017/997.”;
(b)
(b) in subsection (2)—
(i) as it extends to England and Wales, for “ Directive 2008/98/ECof the European Parliament and of the Council on waste” substitute “the Waste Framework Directive”;
(ii) as it extends to Scotland, in paragraph (a), for “Waste Directive” substitute “Waste Framework Directive”;
(c)
(c) omit subsection (12) as it extends to Scotland.
Waste and Emissions Trading Act 2003
3.—(1) Section 37 of the Waste and Emissions Trading Act 200312is amended as follows.
(2) In subsection (2), as it extends to England and Wales and Scotland, at the end insert “, as last amended by Council Regulation (EU) 2017/997”.
(3) For subsection (2), as it extends to Northern Ireland, substitute—
“2 For the purposes of this section, “the Waste Directive” means Directive 2008/98/ECof the European Parliament and of the Council on waste, as last amended by Council Regulation (EU) 2017/997.”.
PART 3
Amendment of primary legislation
Control of Pollution (Amendment) Act 1989
4. Section 1(3) of the Control of Pollution (Amendment) Act 198913is amended as follows—
(a) after paragraph (a), omit the final “or”;
(b) omit paragraph (b).
Environmental Protection Act 1990
5.—(1) The Environmental Protection Act 1990 is amended as follows.
(2) In section 57(8), as it extends to England and Wales, in the definition of “waste”, after “Waste Framework Directive” (as substituted by regulation 2(4)), insert “, as read with Articles 5 and 6 of that Directive,”.
(3) In section 75(1A) (as inserted by regulation 2(6)(a)), at the end insert “, and read in accordance with section 75A”.
(4) After section 75 insert—
“Modification of the Waste Framework Directive
75A.—(1) For the purposes of this Part, the Waste Framework Directive is to be read in accordance with this section.
(2) A reference to one or more member States in a provision of the Waste Framework Directive imposing an obligation or conferring a discretion on a member State or member States is to be read as a reference to the appropriate authority, waste regulation authority or local authority which, immediately before exit day, was responsible for the United Kingdom’s compliance with that obligation or able to exercise that discretion in respect of England, Wales or Scotland.
(3) Article 2 is to be read as if—
(a)
(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), as it extends to England and Wales, for the words from “ Directive 2006/21/EC14” to the end there were substituted “the Mining Waste Directive”;
(iv) for point (d), as it extends to Scotland, there were substituted—
“(d) extractive waste, which has the same meaning as in regulation 2(1) of the Management of Extractive Waste (Scotland) Regulations 2010 ( S.S.I. 2010/60)15.”;
(b)
(b) in paragraph 3, the words from “Without prejudice” to “Community legislation,” were omitted;
(c)
(c) paragraph 4 were omitted.
(4) Article 5 is to be read as if paragraph 2 were omitted.
(5) Article 6 is to be read as if—
(a)
(a) paragraphs 1 to 3 were omitted;
(b)
(b) in paragraph 4—
(i) in the first sentence, for the words from “Where criteria” to “paragraphs 1 and 2” there were substituted “Except where Council Regulation (EU) No 333/2011, Commission Regulation (EU) No 1179/2012or Commission Regulation (EU) No 715/2013applies”;
(ii) the second sentence were omitted.
(6) Article 7 is to be read as if—
(a)
(a) in paragraph 1—
(i) the first and second sentences were omitted;
(ii) in the third sentence, for “shall be binding” there were substituted “shall, subject to paragraph 1A, be binding”;
(b)
(b) after paragraph 1, there were inserted—
“(1A) Paragraph 1 is subject to—
(a) a determination by the Secretary of State under regulation 8(1) of the Hazardous Waste (England and Wales) Regulations 2005 ( S.I. 2005/894)16, or by the Welsh Ministers under regulation 8(1) of the Hazardous Waste (Wales) Regulations 2005 ( S.I. 2005/1806 (W.138))17, that a specific batch of waste is to be treated as hazardous waste;
(b) a decision made by the Secretary of State under regulation 9(1) of the Hazardous Waste (England and Wales) Regulations 2005, or by the Welsh Ministers under regulation 9(1) of the Hazardous Waste (Wales) Regulations 2005, that a specific batch of waste is to be treated as non-hazardous waste;
(c) the treating of a specific batch of waste as hazardous or, as the case may be, non-hazardous, in accordance with regulation 8(2) or 9(2) of the Hazardous Waste (England and Wales) Regulations 2005, or regulation 8(2) or 9(2) of the Hazardous Waste (Wales) Regulations 2005;
(d) regulations (if any) made by the Secretary of State under section 62A(1) of the Environmental Protection Act 1990 or by the Welsh Ministers under section 62A(2) of that Act18(lists of waste displaying hazardous properties);
(e) a determination by the Scottish Ministers that a specific batch or type of waste—
(i) is to be treated as hazardous waste because the Scottish Ministers consider that the waste displays one or more of the hazardous properties listed in Annex 3;
(ii) is to be treated as non-hazardous waste because the Scottish Ministers consider that the waste displays none of the hazardous properties listed in Annex 3.”;
(c)
(c) paragraphs 2, 3 and 5 were omitted;
(d)
(d) after paragraph 6, there were inserted—
“(6A) In this Article, the “list of waste” means the list established by Commission Decision 2000/532/EC.”;
(e)
(e) paragraph 7 were omitted.
(7) Annex 3 is to be read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted.
(8) In subsection (2)—
“appropriate authority” means—
(a) in relation to England, the Secretary of State;
(b) in relation to Wales, the Welsh Ministers;
(c) in relation to Scotland, the Scottish Ministers;
“local authority” means—
(a) in England outside Greater London—
(i) a district council,
(ii) a county council, or
(iii) the Council of the Isles of Scilly;
(b) in Greater London—
(i) the council of a London borough,
(ii) the Common Council of the City of London,
(iii) the Sub-Treasurer of the Inner Temple, or
(iv) the Under-Treasurer of the Middle Temple;
(c) in Wales—
(i) a county council, or
(ii) a county borough council;
(d) in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 199419.”.
Waste and Emissions Trading Act 2003
6.—(1) The Waste and Emissions Trading Act 2003 is amended as follows.
(2) In section 1—
(a)
(a) in subsection (1), for “must” substitute “may”;
(b)
(b) omit subsection (2);
(c)
(c) for subsection (4) substitute—
“4 The power under subsection (1)(a) is exercisable only with the agreement of the Scottish Ministers, the Welsh Ministers and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.
4A The power under subsection (1)(c) is exercisable only with the agreement of the Scottish Ministers.
4B The power under subsection (1)(d) is exercisable only with the agreement of the Welsh Ministers.
4C The power under subsection...
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