(2) 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 appropriate authority, appropriate agency or local authority which, immediately before IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion.

(3) A term used in the Directive which is defined in regulation 2 has the same meaning as in regulation 2.

(4) Article 2 is to be read as if paragraphs 1, 2, 5 and 8 were omitted.

(5) Article 5 is to be read as if—

(a) in paragraph 3—

(i) in the first paragraph, for “Treatment facilities, which have obtained a permit in accordance with Article 6,” there were substituted “Authorised treatment facilities”;

(ii) in the third paragraph, the final sentence were omitted;

(b) in paragraph 4, the fourth paragraph were omitted;

Modification of the Waste Directive

2B

(1) For the purposes of these Regulations, the Waste Directive is to be read in accordance with this regulation.

(2) 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 appropriate authority, appropriate agency or local authority which, immediately before IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion.

(4) Article 5 is to be read as if—

(a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

(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 appropriate authority or the appropriate agency for the purposes of this Article.

(5) Article 6 is to be read as if—

(a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

(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 assimilated direct legislation 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 appropriate authority or the appropriate agency for the purposes of this Article.

(i) the first subparagraph were omitted;

(ii) in the second subparagraph, 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 subparagraphs were omitted;

(d) paragraph 3 were omitted;

(e) in paragraph 4—

(i) in the first subparagraph—

(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 appropriate agency”;

(bb) the second sentence were omitted;

(ii) in the second subparagraph—

(aa) for “Member States” there were substituted “The appropriate agency”;

(bb) “by competent authorities” were omitted.

(6) 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 England, Wales, Scotland or Northern Ireland (as the case may be).

(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.”;

(9) Annex 3 is to read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted.

Vehicles and End-of-Life Vehicles to which these Regulations apply

Existing legislation

Special-purpose vehicles

Three-wheel motor vehicles

Registration and declaration of responsibility by producers

The Secretary of State’s decision to ascribe responsibility to a producer in respect of vehicles placed on the market

Transfer of a producer’s business to another

Producer’s obligation to establish and submit details of his system for collection

Accessibility of the system for collection

Capacity of a network of authorised treatment facilities

Approval of a producer’s application to establish a collection system

Revisions to a producer’s application for approval of a collection system where it is anticipated the number of end-of-life vehicles will change in a subsequent year

Authorised treatment facilities

Compliance Notice

Content of a compliance notice served under regulation 16

Reuse, Recovery and Recycling targets

Certificate of Compliance

Approval of persons to issue certificates of compliance

Public Register

Entry and Inspection

Offences

Enforcement

Penalties

Power of the Secretary of State to enter into agreements

Enforcement of Agreements

Amendments to the End-of-Life Vehicles Regulations 2003

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