The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019
| Year | 2019 |
2019 No. 188
Exiting The European Union
Environmental Protection
Health And Safety, England And Wales
Waste
The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019
Made 31th January 2019
Laid before Parliament 7th February 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 powers 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—
(a) batteries and accumulators3;
(b) matters relating to the prevention and recovery of waste electrical and electronic equipment4;
(c) matters relating to the prevention of waste from vehicles and forms of recovery of end-of-life vehicles and their components5;
(d) measures relating to the prevention, reduction and elimination of pollution caused by waste6;
(e) measures relating to the prevention, reduction and elimination of pollution caused by waste and the management of packaging and packaging waste7.
The requirements of paragraph 3(2) of Schedule 7 to the European Union (Withdrawal) Act 2018 (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.
PART 1
Introductory
Citation and commencement
1.—(1) These Regulations may be cited as the Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019.
(2) They come into force as follows—
(a)
(a) as regards this Part and Part 2, 21 days after the day on which they are laid;
(b)
(b) as regards the remainder, on exit day.
PART 2
Amendment of out of date references
The End-of-Life Vehicles Regulations 2003
2.—(1) The End-of-Life Vehicles Regulations 20038are amended as follows.
(2) In regulation 2—
(a)
(a) for the definition of “authorised treatment facility” substitute—
““authorised treatment facility” means any establishment or undertaking carrying out treatment operations which holds—
(a) in England or Wales, an environmental permit authorising those operations granted under regulation 13(1) of the Environmental Permitting (England and Wales) Regulations 20169;
(b) in Scotland, a site licence that complies with the relevant provisions of regulation 3 to 6 of the End-of-Life Vehicles (Storage and Treatment) (Scotland) Regulations 200310or a permit issued under regulation 13 of the Pollution Prevention and Control (Scotland) Regulations 201211;
(c) in Northern Ireland—
(i) a site licence that meets the requirements of regulation 26 of, and Schedule 5 to, the Waste Management Licensing Regulations (Northern Ireland) 200312;
(ii) a permit granted under regulation 10 of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 201313;”;
(b)
(b) in the definition of “end-of-life vehicle”, as it extends to Northern Ireland, for “Article 1(a)” substitute “Article 3(1)”;
(c)
(c) in the definition of “recovery”, as it extends to Northern Ireland, for “Annex IIB” substitute “Annex 2”.
The End-of-Life Vehicles (Producer Responsibility) Regulations 2005
3.—(1) The End-of-Life Vehicles (Producer Responsibility) Regulations 200514are amended as follows.
(2) In regulation 2—
(a)
(a) for the definition of “authorised treatment facility” substitute—
““authorised treatment facility” means any establishment or undertaking carrying out treatment operations which holds—
(a) in England or Wales, an environmental permit authorising those operations granted under regulation 13(1) of the Environmental Permitting (England and Wales) Regulations 2016;
(b) in Scotland, a site licence that complies with the relevant provisions of regulations 3 to 6 of the End-of-Life Vehicles (Storage and Treatment) (Scotland) Regulations 2003 or a permit issued under regulation 13 of the Pollution Prevention and Control (Scotland) Regulations 2012;
(c) in Northern Ireland—
(i) a site licence that meets the requirements of regulation 26 of, and Schedule 5 to, the Waste Management Licensing Regulations (Northern Ireland) 2003;
(ii) a permit granted under regulation 10 of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;”;
(b)
(b) in the definition of “end-of-life vehicle”, as it extends to Northern Ireland, for “Article 1(a)” substitute “Article 3(1)”;
(c)
(c) in the definition of “recovery”, as it extends to Northern Ireland, for “Annex IIB” substitute “Annex 2”.
The Producer Responsibility Obligations (Packaging Waste) Regulations 2007
4.—(1) The Producer Responsibility Obligations (Packaging Waste) Regulations 200715are amended as follows.
(2) In regulation 2(1)—
(a)
(a) in the definition of “the Packaging Waste Directive”, at the end insert “, as last amended by Directive (EU) 2015/72016;
(b)
(b) in the definition of “the Waste Directive”, as it extends to Scotland, at the end insert “, as last amended by Council Regulation (EU) 2017/99717”.
(3) In Schedule 5, in paragraph 1(r)—
(a)
(a) in paragraph (i), after “waste”, insert “, as last amended by Commission Regulation (EU) 2015/200218”;
(b)
(b) in paragraph (ii), after “apply”, insert “, as last amended by Commission Regulation (EU) No 733/201419”.
The Batteries and Accumulators (Placing on the Market) Regulations 2008
5.—(1) The Batteries and Accumulators (Placing on the Market) Regulations 200820are amended as follows.
(2) In regulation 7, in paragraph (3), for the words after “Article”, substitute “3(1) of Directive 2008/98/ECof the European Parliament and of the Council on waste, as last amended by Council Regulation (EU) 2017/997/EU21”.
The Waste Batteries and Accumulators Regulations 2009
6.—(1) The Waste Batteries and Accumulators Regulations 200922are amended as follows.
(2) In regulation 2—
(a)
(a) in paragraph (1)—
(i) for the definition of “best available techniques” substitute—
“best available techniques” has the meaning given in Article 2(2), as read with Article 2(3), of Decision 2012/134/EUestablishing the best available techniques (BAT) conclusions under Directive 2010/75/EUof the European Parliament and of the Council on industrial emissions for the manufacture of glass23;”;
(ii) in the definitions of “disposal” and “waste battery”, as those definitions extend to England and Wales and Scotland, for the words from “ Directive 2008/98/EC24” to the end substitute “the Waste Framework Directive”;
(iii) in the definition of “disposal”, as it extends to Northern Ireland, for the words from “Annex IIA” to the end substitute “Annex 1 to the Waste Framework Directive”;
(iv) in the definition of “waste battery”, as it extends to Northern Ireland, for “Article 1(1)(a) of Directive 2006/12/EC” substitute “Article 3(1) of the Waste Framework Directive”;
(b)
(b) after paragraph (1) insert—
“1A In paragraph (1), “the 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/EU.”.
(3) In regulation 56—
(a)
(a) in paragraph (3), for “Council Directive 1999/31/ECon the landfill of waste25” substitute “the Landfill Directive”;
(b)
(b) after paragraph (3) insert—
“4 In paragraph (3), “the Landfill Directive” means Council Directive 1999/31/ECon the landfill of waste, as last amended by Council Directive 2011/97/EU26.”.
The Controlled Waste (England and Wales) Regulations 2012
7.—(1) The Controlled Waste (England and Wales) Regulations 201227are amended as follows.
(2) In regulation 2—
(a)
(a) in the definition of “Directive waste”, in sub-paragraph (a), for “ Directive 2008/98/ECof the European Parliament and of the Council on waste and repealing certain Directives” substitute “the Waste Directive”;
(b)
(b) at the end, insert—
““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/EU.”.
The Waste Electrical and Electronic Equipment Regulations 2013
8.—(1) The Waste Electrical and Electronic Equipment Regulations 201328are amended as follows.
(2) In regulation 2—
(a)
(a) for the definition of “the Directive”, substitute—
““the Directive” means Directive 2012/19/EUof the European Parliament and of the Council on waste electrical and electronic equipment (WEEE)29, as it had effect immediately before 4th July 2018;”;
(b)
(b) in the definition of “relevant authorisation”, in paragraph (a), for “regulation 11”, substitute “regulation 13”.
PART 3
Amendments to secondary legislation
The End-of-Life Vehicles Regulations 2003
9.—(1) The End-of-Life Vehicles Regulations 2003 are amended as follows.
(2) In regulation 2—
(a)
(a) in the definition of “end-of-life vehicle” (as amended by regulation 2(2)(b)), at the end insert “, as read with Articles 5 and 6 of that Directive”;
(b)
(b) in the definition of “producer”, for “a member State” substitute “the United Kingdom”;
(c)
(c) in the definition of “vehicle”, in paragraph (a) after “defined in” insert “point 1 of Part A of”;
(d)
(d) in the definition of “the Waste Directive”, at the end insert “, and read in accordance with regulation 2A”.
(3) After regulation...
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