The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019
| Jurisdiction | UK Non-devolved |
| Citation | SI 2019/620 |
| Year | 2019 |
(1) These Regulations may be cited as the Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019.as regards this Part and Part 2, on the day after the day on which they are made;as regards the remainder, on exit day.(1) The Environmental Protection Act 1990 (2) In section 33(13) (3) In section 34(2A) (4) In section 57(8) (5) In section 62A(1) (b) and (2) (b) after subsection (1) , insert—“ the Waste Framework Directive ” ;as it extends to Scotland, in paragraph (a) , for “Waste Directive” substitute “ Waste Framework Directive ” ;omit subsection (12) as it extends to Scotland.(1) Section 37 of the Waste and Emissions Trading Act 2003 (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—after paragraph (a) , omit the final “or”; omit paragraph (b) . (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—“ retained EU law ” ;in points (b) and (c) , for “Regulation (EC) No 1774/2002” there were substituted “ Regulation (EC) No 1069/2009 ” ;in point (d) , as it extends to England and Wales, for the words from “Directive 2006/21/EC” to the end there were substituted “ the Mining Waste Directive ” ;for point (d) , as it extends to Scotland, there were substituted—
- “(1A) “Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Council Regulation (EU) 2017/997.
- “(2) For the purposes of this section, “the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Council Regulation (EU) 2017/997.
- “(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 F49IP completion 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) 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/EC” 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) .
- (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) .
- (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 appropriate authority or the waste regulation authority for the purposes of this Article.
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