SCHEDULE 1
Regulation 3
Amendment of the Waste Provisions
1. Amendment of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999
In the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999, in regulation 2(2) (Exemption from registration) in the definition of “animal-by-products” for “Article 2” substitute “Article 3”.
2. Amendment of the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) Regulations (Northern Ireland) 2000
(1) The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) Regulations (Northern Ireland) 2000 are amended as follows.
(2) In regulation 2 (Interpretation)—
(a)
(a) after paragraph (2) insert—
“2A For the purposes of these Regulations, Directive 2008/98/EC12is to be read as if—
(a) Article 5(2) were omitted;
(b) in Article 6—
(i) paragraphs 1 to 3 were omitted; and
(ii) in paragraph 4—
(aa) in the first sentence, for the words from “Where criteria” to “paragraph 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”;
(bb) the second sentence were omitted.”.
3. Amendment of the Waste Management Licensing Regulations (Northern Ireland) 2003
(1) The Waste Management Licensing Regulations (Northern Ireland) 2003 are amended as follows.
(2) In regulation 1(3) (Citation, commencement and interpretation)—
(a)
(a) omit the definition of “Directive Waste”;
(b)
(b) for the definition of “electrical or electronic equipment” or “EEE” substitute—
““electrical and electronic equipment” or “EEE” means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment which is for the generation, transfer and measurement of such currents and fields and designed for use with a voltage rating not exceeding 1000 volts for alternating current and 1500 volts for direct current;”;
(c)
(c) for the definition of “end-of-life vehicle” substitute—
““end-of-life vehicle” means any vehicle which is waste;”;
(d)
(d) in the definition of “recovery”—
(i) omit paragraph (a); and
(ii) in paragraph (b) for “any other type of waste” substitute “any type of waste”;
(e)
(e) after the definition of “recovery” insert—
““Relevant Waste” has the meaning given in Schedule 1A;”;
(f)
(f) in the definition of “waste” in paragraph (a) for “Directive” substitute “Relevant”;
(g)
(g) in the definition of “waste battery or accumulator” for “is waste within the meaning of the Directive” substitute “which the holder discards or intends or is required to discard;”; and
(h)
(h) in the definition of “waste electrical and electronic equipment or WEEE” for “is waste within the meaning of Article 3(1) of the Directive” substitute “the holder discards or intends or is required to discard”.
(3) After regulation 1(5) (Citation, commencement and interpretation) insert—
“6 In a Directive mentioned in paragraph (7) any references to a duty or function of a Member State shall be read as a reference to a duty or function of the Department.
7 These are—
(a) the End-of-Life Vehicles Directive;
(b) the Batteries Directive;
(c) Directive 2008/98/ECof the European Parliament and of the Council on waste; and
(d) the WEEE Directive.
8 Expressions used in both these Regulations and in a Directive mentioned in these Regulations and not otherwise defined in these Regulations have the same meaning as in that Directive immediately before exit day.
9 In these Regulations a reference to an Article or Annex of a Directive is to be read as a reference to that Article or Annex as immediately before exit day.”
(4) In regulation 11A (Conditions of site licences: WEEE) omit from “to give effect” to the end.
(5) In regulation 11B (Conditions of waste management licences: waste batteries and accumulators) omit from “to give effect” to the end.
(6) In regulation 11C (Conditions of waste management licences: calculation of recycling efficiencies of the recycling processes of waste batteries and accumulators)—
(a)
(a) for paragraph (1) substitute—
“1 The Department must exercise its relevant functions so as it ensures compliance with retained EU law.”;
(b)
(b) omit paragraph (2).
(7) In regulation 16A (Exclusions from waste management licensing: waste batteries and accumulators) omit “under Article 8(1)(b) of the Batteries Directive”.
(8) In regulation 21 (Waste Framework Directive) omit “(which implements certain provisions of the Directive)”.
(9) In regulation 26 (End-of-Life Vehicles Directive)—
(a)
(a) in paragraph (1) omit “(which implements certain provisions of the End-of-Life Vehicles Directive)”; and
(b)
(b) in paragraph (2) for “the End-of-Life Vehicles Directive” substitute “retained EU law”.
(10) After Schedule 1 insert Schedule 1A.
(11) In Schedule 2 (EXEMPTIONS FROM WASTE MANAGEMENT LICENSING) paragraph 49 is amended as follows.
(a)
(a) in paragraphs (1)(d), (2)(d) and (3)(b) for “Annex VIII of the WEEE Directive” substitute “paragraph (6)”; and
(b)
(b) after paragraph (5) add—
“6 The technical requirements are—
(a) sites for storage (including temporary storage) of WEEE prior to its treatment must have—
(i) impermeable surfaces for appropriate areas with provision for spillage collection facilities and where appropriate decanters and cleansers/degreasers; and
(ii) waterproof covering of appropriate areas;
(b) sites for treatment of WEEE must have—
(i) impermeable surfaces for appropriate areas with provision for spillage collection facilities and where appropriate decanters and cleansers/degreasers;
(ii) scales to measure the weight of the treated waste;
(iii) appropriate storage of disassembled parts;
(iv) appropriate containers for the storage of batteries, PCB’s/PCT’s containing capacitors and other hazardous waste such as radioactive waste; and
(v) equipment for the treatment of water.”.
(12) In Schedule 3 (WASTE FRAMEWORK DIRECTIVE) Part 1—
(a)
(a) in paragraph 1 for the definition “best available techniques” substitute—
““best available techniques” means the most effective and advanced stage in the development of activities and their methods of operation which indicates the practical suitability of the particular techniques for providing the emission limit values and other permit conditions designed to prevent and where that is not practicable to reduce emissions and the impact on the environment as a whole;”;
(b)
(b) in paragraph 1 insert in alphabetical order—
““available techniques” means those developed on a scale which allows implementation in the relevant industrial sector under economically and technically viable conditions taking...
