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The Environmental Permitting (England and Wales) Regulations 2016

Type Statutory-Instrument

Publication 2016-12-11

Last updated 2026-03-11

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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“mobile”, in relation to a generator, means designed to move or be moved whether on roads or other land.

(3) In sub-paragraph (2), “offshore platform” means any fixed or floating structure which—

(a) is used for the purposes of or in connection with the production of petroleum, and

(b) in the case of a floating structure, is maintained on a station during the course of production,

but does not include any structure where the principal purpose of the use of the structure is the establishment of the existence of petroleum or the appraisal of its characteristics, quality or quantity or the extent of any reservoir in which it occurs.

(4) In sub-paragraph (3), “petroleum” includes any mineral oil or relative hydrocarbon and natural gas existing in its natural condition in strata but does not include coal or bituminous shales or other stratified deposits from which oil can be extracted by destructive distillation.

Interpretation – relevant dates and permitting dates

3

(1) The “relevant date” in relation to a generator means—

(a) 1st January 2019, in the case of a Tranche B generator;

(b) 1st October 2019, in the case of a Tranche A generator with a rated thermal input greater than 5 megawatts which—

(i) has an emission of nitrogen oxides of equal to or greater than 500mg/Nm³, and

(ii) operates for more than 50 hours per year;

(i) has an emission of nitrogen oxides of less than 500mg/Nm³, or

(ii) operates for less than or equal to 50 hours per year;

(d) 1st January 2030, in the case of a Tranche A generator with a rated thermal input equal to or less than 5 megawatts.

(2) The “permitting date”—

(a) in relation to a specified generator falling within paragraph 2(1)(a), is the relevant date in relation to that specified generator;

(b) in relation to a specified generator falling within paragraph 2(1)(b) or (c), is the earliest of the relevant dates in relation to the generators comprising that specified generator.

(3) For the purposes of sub-paragraph (1)—

“Tranche A generator” means a generator—with a rated thermal input equal to or greater than 1 megawatt and less than 50 megawatts—which came into operation before 1st December 2016,which is the subject of a capacity agreement arising from the 2014 or 2015 capacity auctions (whether or not the generator came into operation before 1st December 2016), orfor which a Feed-in Tariff preliminary accreditation application was received by the Gas and Electricity Markets Authority before 1st December 2016;with a rated thermal input of less than 1 megawatt—which is the subject of a capacity agreement arising from the 2014, 2015 or 2016 capacity auctions (whether or not the generator came into operation before 1st December 2016),for which a Feed-in Tariff preliminary accreditation application was received by the Gas and Electricity Markets Authority before 1st December 2017; orwhich is the subject of an agreement to provide balancing services entered into before 31st October 2017,provided that a generator ceases to be a Tranche A generator if it is the subject of a capacity agreement, or an agreement for provision of balancing services, where that agreement is entered into after 31st October 2017 and remains in force after 31st December 2018;

“Tranche B generator” means any generator which is not a Tranche A generator or an excluded generator (and includes a specified generator which has ceased to be a Tranche A generator).

(4) For the purposes of sub-paragraph (1), in the case of a generator which is comprised in a specified generator falling within paragraph 2(1)(b) or (c), the generator is deemed to have the total rated thermal input of all the generators comprised in the specified generator.

Interpretation - general

4

In this Schedule—

“back-up generator” means a generator operated for the sole purpose of maintaining power supply at a site during an on-site emergency;

“balancing services” means any services procured by the transmission system operator in order to balance demand and supply, and to ensure the security and quality of electricity supply, across the national transmission system for Great Britain;

“capacity agreement” has the meaning given in regulation 30 of the Electricity Capacity Regulations 2014;

“capacity auction” means an auction under Part 4 of the Electricity Capacity Regulations 2014;

“distribution system” has the meaning given in section 4(4) of the Electricity Act 1989;

“emission limit value” means the maximum permissible quantity of a substance contained in the waste gases from a generator which may be discharged into the air during a given period;

“Feed-in Tariff preliminary accreditation application” means an application for preliminary accreditation made under Part 3 of the Feed-in Tariffs Order 2012;

“nitrogen oxides” means nitric oxide and nitrogen dioxide;

“nuclear site licence” has the meaning given in section 1 of the Nuclear Installations Act 1965;

“transmission system” has the meaning given in section 4(4) of the Electricity Act 1989;

“transmission system operator” means the person operating the national transmission system for Great Britain;any reference to emissions expressed in mg/Nm³ is to those emissions defined in accordance with the first paragraph of Annex II of the Medium Combustion Plant Directive.

Environmental permit conditions: general

5

(1) Subject to paragraph 6, the regulator must exercise its relevant functions in relation to specified generators so as to ensure that they are operated, from the permitting date, in such a way that—

(a) there is compliance with an emission limit value for nitrogen oxides of 190mg/Nm³;

(b) where secondary abatement is required to ensure compliance with the requirement in paragraph (a), the emission limit value for nitrogen oxides is met—

(i) in the case of a Tranche A generator or a Tranche B generator which was, but has ceased to be, a Tranche A generator, within 20 minutes of the specified generator commencing operation, or

(ii) in the case of any other Tranche B generator, within 10 minutes of the specified generator commencing operation,

and in every case emissions must be monitored at least every three years;

(c) there is no persistent emission of dark smoke, where “dark smoke” has the meaning given in section 3(1) of the Clean Air Act 1993.

(2) Where compliance with air quality aspects of an environmental quality standard requires stricter conditions for the operation of a specified generator, or a generator comprised in a specified generator falling within paragraph 2(1)(b) or (c), from the permitting date the regulator must include additional or stricter measures in the permit to comply with those standards, including (if necessary) a stricter emission limit value than that specified in paragraph (1)(a).

(3) In the case of a specified generator falling within paragraph 2(1)(b) or (c), the requirements of sub-paragraph (1) must be met by each generator comprising that specified generator only from the relevant date relating to that generator.

Exceptions to environmental permit conditions

6

(1) Paragraph 5 does not apply in relation to a specified generator falling within paragraph 2(1)(a), or a generator comprised in a specified generator falling within paragraph 2(1)(b) or (c), that is—

(a) used at a site which it is not reasonably practicable to connect to the distribution system;

(b) a back-up generator in respect of which, in the opinion of the regulator, the operator has demonstrated a genuine need to carry out routine testing for more than 50 hours per year.

(2) Paragraph 5 does not apply—

(a) until 1st January 2025 in relation to a Tranche A generator not falling within sub-paragraph (1)—

(i) with a rated thermal input greater than 5 megawatts,

(ii) with nitrogen oxide emissions of 500mg/Nm³ or greater, and

(iii) that operates for more than 50 hours per year;

(b) in relation to a Tranche A generator—

(i) with a rated thermal input greater than 5 megawatts,

(ii) with nitrogen oxide emissions of 500mg/Nm³ or greater,

(iii) that operates for more than 50 hours per year, and

(iv) that is operated only for the purpose of a capacity agreement entered into before 1st December 2016,

for the period in which that capacity agreement remains in force, or until 1st January 2025, whichever is later.

(3) Where a generator falls within sub-paragraph (1) or (2), the regulator must exercise its functions from the relevant date to ensure that the operation of the generator will not give rise to an exceedance of the limit values for nitrogen dioxide specified—

(a) in the case of a generator operated in England, in Schedule 2 to the Air Quality Standards Regulations 2010, and

(b) in the case of a generator operated in Wales, in Schedule 1 to the Air Quality Standards (Wales) Regulations 2010.

(4) Paragraph 5 does not apply in relation to a Tranche A generator—

(a) with a rated thermal input greater than 5 megawatts which—

(i) has an emission of nitrogen oxides of less than 500mg/Nm³, or

(ii) operates for no more than 50 hours per year; or

(b) with a rated thermal input greater than or equal to 1 megawatt but no greater than 5 megawatts,

where it is operated only for the purpose of a capacity agreement entered into before 1st December 2016, during the period in which that capacity agreement remains in force.

(5) Paragraph 5 does not apply in relation to a Tranche A generator with a rated thermal input of less than 1 megawatt where it is operated only for the purpose of a capacity agreement entered into before 31st January 2017, during the period in which that capacity agreement remains in force.

(6) For the purposes of sub-paragraphs (2), (4) and (5), a generator comprised in a specified generator falling within paragraph 2(1)(b) or (c) is deemed to have the total rated thermal input of all the generators comprised in that specified generator.

Dilution to reduce concentration of radioactivity

6A

For the purposes of paragraphs 4, 5 and 6, a substance or article is to be treated as having a concentration of radioactivity which exceeds the value referred to in paragraph 4(2), 5(c)(i) or 6(a), if a person has diluted the substance or article with the intention of ensuring that its concentration of radioactivity does not exceed that value.

Radionuclides with a short half-life

Radionuclides not of natural terrestrial or cosmic origin in background radioactivity

Contaminated substances or articles

Historic radium contamination

9A

A substance or article is not radioactive material or radioactive waste where the substance or article arises from the remediation of land contaminated by radium and—

(a) the substance or article contains Ra-226 or its progeny;

(b) in the absence of Ra-226 or its progeny, the substance or article would not otherwise be radioactive material or radioactive waste under this Schedule;

(d) the concentration of Ra-226 or any of its progeny does not exceed the following values—

(i) for a substance or article which is a solid or a substance which is a relevant liquid, 1 Bq/g;

(ii) for a substance which is any other liquid, 1 Bq/1; or

(iii) for a substance which is a gas, 0.01 Bq/m³.

Substances or articles after disposal

Interpretation: radioactive substances activity

Discharge of functions: mobile radioactive apparatus

Nuclear sites

Vehicles, vessels and aircraft

SECTION3 — Miscellaneous duties of the regulator

Inspection programmes

5

When establishing an inspection programme for the purposes of regulation 34(2) (periodic inspections of regulated facilities) in relation to radioactive substance activities, the regulator must take into account the potential magnitude and nature of the hazard associated with such activities, a general assessment of radiation protection issues in the activities, and the state of compliance with the requirements of these Regulations.

Inspection findings

6

Where a regulator makes an inspection of a regulated facility that is a radioactive substances activity, the regulator must—

(a) record the findings of that inspection; and

(b) communicate those findings to the operator of the regulated facility.

Radioactive waste: requirements to be imposed on permit holders

7

(1) The regulator must require a person who holds an environmental permit to carry on the radioactive substances activity described in paragraph 11(2)(b) (disposing of waste) or (c) (accumulating waste) of Part 2 of this Schedule to—

(a) achieve and maintain an optimal level of protection of members of the public;

(b) accept into service adequate equipment and procedures for measuring and assessing exposure of members of the public and radioactive contamination of the environment;

(c) check the effectiveness and maintenance of equipment as referred to in paragraph (b) and ensure the regular calibration of measuring instruments; and

(d) seek advice from a radioactive waste adviser in the performance of the tasks referred to in paragraphs (a), (b) and (c).

(1A) Paragraph (1)(d) does not apply in relation to waste that is a sealed source.

(2) In this paragraph—

“radioactive waste adviser” means an individual, or group of individuals, with the knowledge, training and experience needed to give radioactive waste management and environmental radiation protection advice in relation to radioactive waste in order to ensure the effective protection of members of the public, and whose competence in that respect is recognised by the regulator;

“sealed source” has the same meaning as in the Basic Safety Standards Directive.

Dilution of radioactive material and radioactive waste

8

In exercising its relevant functions in relation to a radioactive substances activity, the regulator must observe the requirements of Article 30(4) of the Basic Safety Standards Directive.

Monitoring of discharges

9

(1) This paragraph applies where the regulator is exercising relevant functions in relation to a radioactive substances activity where there are radioactive discharges authorised by an environmental permit.

(2) The regulator must impose appropriate environmental permit conditions concerning—

(a) the monitoring, or the evaluation, of radioactive airborne or aqueous discharges into the environment; and

(b) the reporting to the regulator of the results of such monitoring or evaluation.

(3) For the purposes of sub-paragraph (2), where the regulator is exercising relevant functions in relation to a nuclear power station or nuclear reprocessing plant, the environmental permit conditions imposed must require the monitoring of radioactive discharges and reporting to the regulator of such information on radioactive discharges as the appropriate authority directs.

Exemption for disposing of gaseous NORM waste from oil and gas production

18A

A person is exempt from the requirement for an environmental permit to carry on the radioactive substances activity described in paragraph 11(2)(b) (disposing of waste) of Part 2 of this Schedule where the only radioactive waste disposed of is gaseous NORM waste released in the production of oil and gas.

Conditions in respect of NORM waste

Table 4A

25A

(1) The Table 4A referred to in Sections 2, 5 and 6 of this Part is—

Radionuclide	Type 1 NORM concentration (Bq/g)	Type 1 NORM total activity for landfill (GBq/year)	Type 1 NORM total activity for incineration (MBq/year)	Type 2 NORM concentration (Bq/g)
U-238sec	5	50	100	10
U238+	5	50	100	10
U-234	5	50	100	10
Th-230	5	50	100	10
Ra-226+	5	50	100	10
Pb-210+	100	1000	100	200
Po-210	100	1000	100	200
U-235sec	5	50	100	10
U-235+	5	50	100	10
Pa-231	5	50	100	10
Ac-227+	5	50	100	10
Th-232sec	5	50	100	10
Th-232	5	50	100	10
Ra-228+	5	50	100	10
Th-228+	5	50	100	10

(2) The summation rule in respect of columns 2 and 5 of Table 4A is the sum of the quotients A/B where—

(a) “A” means the concentration of each radionuclide listed in column 1 of Table 4A that is present in the substance or article; and

(b) “B” means the concentration of that radionuclide specified in column 2 or 5 (as appropriate) of Table 4A.

(3) The summation rule in respect of columns 3 and 4 of Table 4A is the sum of the quotients C/D where—

(a) “C” means the quantity of each radionuclide listed in column 1 of Table 4A that is present in the substance or article; and

(b) “D” means the quantity of that radionuclide specified in column 3 or 4 (as appropriate) of Table 4A.

Table 5

Table 6

Table 7

Interpretation of this Section

Table 8

Notches

Ladders, scaffold towers and other similar apparatus

PART 3 — Waste operations: management and technical competence conditions

Written management system conditions

1

(1) An environmental permit which meets each of the following criteria is subject to conditions A and B—

(a) the permit was granted before 6th April 2008;

(b) the permit does not authorise a waste operation carried on at an installation or by means of a Part B mobile plant; and

(c) the permit does not, immediately before 7th April 2019, contain a condition referring to a management system recorded in writing relating to risks relating to pollution.

(2) Condition A is that the operator must manage and operate the waste operation in accordance with a system (a “written management system”), described in a document or documents, which identifies and minimises the risks of pollution arising from the waste operation, including (but not limited to) those—

(a) arising from operations (including maintenance);

(b) arising from an accident or other incident;

(d) identified following a complaint; or

(e) arising from the closure of the operation.

(3) Condition B is that the operator must—

(a) from time to time, review the written management system and keep it up to date; and

(b) keep a written record of—

(i) activities carried out in accordance with the written management system; and

(ii) any review or update under paragraph (a).

(4) If the regulator varies an environmental permit which meets the criteria in paragraph (1) so as to include a condition referring to a management system recorded in writing relating to risks relating to pollution, this paragraph ceases to apply to that environmental permit.

Technical competence: notification condition

2

(1) An environmental permit is subject to the condition in sub-paragraph (6) if it meets one or both of the following criteria.

(2) The first criterion is that the permit authorises a waste operation which is not carried on at an installation or by means of a Part B mobile plant.

(3) The second criterion is that the permit authorises a specified waste management activity.

(4) Each of the following activities is a specified waste management activity—

(a) the disposal of waste in a landfill falling within Section 5.2 of Part 2 of Schedule 1;

(b) the disposal of hazardous waste falling within Section 5.3 of Part 2 of Schedule 1;

(c) the recovery of hazardous waste falling within Part A(1)(a)(i), (ii), (iii), (iv), (v), (viii) or (x) of Section 5.3 of Part 2 of Schedule 1;

(d) the disposal of non-hazardous waste falling within Part A(1)(a) of Section 5.4 of Part 2 of Schedule 1;

(e) the recovery or a mix of recovery and disposal of non-hazardous waste falling within of Part A(1)(b) of Section 5.4 of Part 2 of Schedule 1;

(f) the temporary or underground storage of hazardous waste falling within Section 5.6 of Part 2 of Schedule 1.

(5) But an activity falling within sub-paragraph (4)(b) to (f) is not a specified waste management activity if that activity—

(a) is carried on at the same installation as a Part A(1) activity not mentioned in sub-paragraph (4); and

(b) is not the activity which constitutes the primary purpose for operating the installation.

(6) The condition is that the operator must periodically give to the regulator—

(a) information demonstrating the operator’s compliance with one of the following standards during the relevant period; or

(b) if the operator did not comply with one of the following standards during the relevant period, information to that effect.

(7) The first standard is the CIWM/WAMITAB Operator Competence Scheme, Version 9, September 2018, published by WAMITAB.

(8) The second standard is the Competence Management System: Requirements, Version 4, April 2015, published by Energy and Utility Skills.

(9) In sub-paragraph (6)—

(a) the reference to giving information periodically is a reference to giving information in each quarterly or annual return (as the case may be) for giving information about waste acceptance or removal in accordance with the environmental permit in question;

(b) “relevant period” means—

(i) in relation to the first period, the period beginning with 7th April 2019 and ending with the end of the period to which the first return relates;

(ii) in relation to each subsequent period, the quarter or year (as the case may be) to which the return relates.

(10) The regulator may amend the form for giving information about waste acceptance or removal in accordance with an environmental permit so as to enable information to be given in accordance with this paragraph.

Recovery of central heating oil by filtration (T33)

33

(1) The recovery of central heating oil by filtering relevant waste.

(2) The table specifying relevant waste for the purpose of this paragraph is set out below.

Codes	Waste types
130701*	Central heating oil only

(3) For the purpose of this paragraph, the specific conditions are that—

(a) the total quantity of the waste treated over any 7 day period does not exceed 400 litres,

(b) the waste is stored with secondary containment,

(d) the operation is for the purpose of reusing the waste.

Part 4 — Waste separately collected for preparing for re-use and recycling not to be incinerated

1

(1) Every environmental permit which authorises a small waste incineration plant, a waste co-incineration plant, or a waste incineration plant is deemed to contain the following condition, unless such a condition to the same effect is included in the permit.

(2) The condition is that the operator must not accept—

(a) any waste paper, metal, plastic or glass in Wales, any waste paper, card, cartons, metal, plastic, glass, food, small electrical and electronic equipment or unsold textiles for incineration if that waste has been separately collected for the purpose of preparing for re-use or recycling; or

(b) any waste for incineration that results from the treatment of waste referred to in paragraph (a), unless—

(i) the relevant permit authorises the operator to accept that type of waste for incineration; and

(ii) incineration of that waste delivers the best environmental outcome in accordance with regulation 12 of the Waste (England and Wales) Regulations 2011.

(3) For the purposes of this paragraph—

“cartons” means fibre-based composite packaging, being packaging material which is made of paperboard or paper fibres, laminated with low density polythene or polypropylene plastic, and which may also have layers of other materials, to form a single unit that cannot be separated by hand;

“electrical and electronic equipment” means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields and designed for use with a voltage rating not exceeding 1,000 volts for alternating current and 1,500 volts for direct current;

“small electrical and electronic equipment” means electrical and electronic equipment falling within one of the categories of EEE listed in Schedule 3 to the Waste Electrical and Electronic Equipment Regulations 2013, excluding items with any external dimension of more than 50 centimetres;

“unsold” means an unused consumer product, in a factory, retail premises, wholesaler, warehouse or other premises, that has not been sold to a consumer or has been sold and returned by a consumer.

Waste separately collected for preparing for re-use and recycling not to be landfilled

5A

(1) Every environmental permit which authorises a landfill is deemed to contain the following condition, unless such a condition to the same effect is included in the permit.

(2) The condition is that the operator must not accept—

(a) any waste paper, metal, plastic or glass for landfill if that waste has been separately collected for the purpose of preparing for re-use or recycling; or in Wales, any waste paper, card, cartons, metal, plastic, glass, food, small electrical and electronic equipment or textiles for landfill if that waste has been separately collected for the purposes of preparing for re-use or recycling;

(aa) any waste wood; or

(b) any waste for landfill that results from the treatment of waste referred to in paragraph (a), unless in Wales, any waste for landfill that results from the treatment of waste referred to in paragraph (a) or (aa) unless—

(i) the relevant permit authorises the operator to accept that type of waste for landfill; and

(ii) landfill of that waste delivers the best environmental outcome in accordance with regulation 12 of the Waste (England and Wales) Regulations 2011.

(3) For the purposes of this paragraph—

“cartons” means fibre-based composite packaging, being packaging material which is made of paperboard or paper fibres, laminated with low density polythene or polypropylene plastic, and which may also have layers of other materials, to form a single unit that cannot be separated by hand;

“electrical and electronic equipment” means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields and designed for use with a voltage rating not exceeding 1,000 volts for alternating current and 1,500 volts for direct current;

“small electrical and electronic equipment” means electrical and electronic equipment falling within one of the categories of EEE listed in Schedule 3 to the Waste Electrical and Electronic Equipment Regulations 2013, excluding items with any external dimension of more than 50 centimetres.

Interpretation of the Landfill Directive for the exercise of relevant functions

Interpretation of the Decision Annex for the exercise of relevant functions: additional acceptance criteria in relating to monolithic waste

Closure of a landfill

Surrender applications

SCHEDULE 1A — Modification of the Directives

Modification of the Asbestos Directive

1

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

(2) When interpreting the Asbestos Directive for the purposes of these Regulations—

(a) an expression used in the Directive that is defined in Part 1 of these Regulations has the meaning given in that Part, except for “waste” which has the meaning given in Article 2(5) of the Asbestos Directive read in accordance with sub-paragraph (3);

(b) the competent authority is the regulator;

(3) Article 2(5) is to be read as if for “Article 1 of Directive 75/442/EEC ” there were substituted “ Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive ”.

(4) Article 3 is to be read as if paragraph 2 were omitted.

(5) Article 5 is to be read as if, in the first paragraph, in point (a), in the first subparagraph, in the second indent, for “competent authorities of the Member States” there were substituted “ regulator ”.

(6) Article 6 is to be read as if—

(a) after paragraph 1 there were inserted—

(1A) In paragraph 1, “regular intervals” means, for the purposes of a regulated facility to which Article 4 applies, intervals of not more than 6 months.

(b) paragraph 3 were omitted.

(7) Article 8 is to be read as if, in the words before the first indent, the words from “Without” to “Accession,” were omitted.

(8) The Annex is to be read as if, in Part B—

(a) in Chapter 1, in paragraph 1, in the second subparagraph—

(i) in the third sentence, for “controlling authority” there were substituted “ regulator ”;

(ii) in the fourth sentence, for “a Member State” there were substituted “ the regulator ”;

(b) in Chapter 2—

(i) in the first paragraph, “subject to the provisions of Article 6(3) of the Directive,” were omitted;

(ii) in the second paragraph, for the words from “using” to the end there were substituted “ in accordance with Article 7(6) of Directive 2009/148/EC of the European Parliament and of the Council on the protection of workers from the risks related to exposure to asbestos at work ”;

(iii) in the third paragraph—

(aa) in point 1, for “controlling authority” there were substituted “ regulator ”;

(bb) in point 8, for the words from “conform” to the end there were substituted “ be conducted in accordance with Article 7(6) of Directive 2009/148/EC ”.

Modification of the Basic Safety Standards Directive

2

(1) For the purposes of these Regulations, the Basic Safety Standards Directive is to be read in accordance with this paragraph.

(2) When interpreting the Basic Safety Standards Directive for the purposes of these Regulations, “radioactive waste” has the meaning given in paragraph 3 of Part 2 of Schedule 23.

(3) Article 4 is to be read as if—

(a) in points (11), (34), (43), (47) and (57), for “competent authority” there were substituted “ regulator ”;

(b) point (79) were omitted;

(4) Article 12 is to be read as if, in paragraphs 1 and 2, for “Member States” there were substituted “ The appropriate authority ”.

(5) Article 30(4) is to be read as if—

(a) in the first sentence, for “Member States” there were substituted “ The regulator ”;

(b) in the third sentence for “Competent Authority” there were substituted “ regulator ”.

(6) Article 66 is to be read as if—

(a) in paragraphs 1 and 2 , for “Member States” in each place it occurs there were substituted “ The regulator ”;

(b) in paragraph 3, in the words before point (a), for “competent authority” there were substituted “ regulator ”.

(7) Articles 85 to 87 are to be read as if—

(a) for “Member States” in each place it occurs there were substituted “ The regulator ”;

(b) in Articles 85(3) and 86(4), for “competent authority” there were substituted “ regulator ”.

(8) Article 88 is to be read as if, in the words before point (a), for the words from “In addition” to “States” there were substituted “ The regulator ”.

(9) Article 89 is to be read as if—

(a) in the first paragraph—

(i) in the words before point (a)—

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

(bb) for “competent authority” there were substituted “ regulator ”;

(ii) in point (b), for “Member States” there were substituted “ the appropriate authority ”;

(b) in the second paragraph, for “competent authority” there were substituted “ regulator ”.

(10) Article 90 is to be read as if—

(a) in the heading, for “competent authority” there were substituted “ regulator ”;

(b) in the first sentence, for “Member States shall ensure that the competent authority keeps” there were substituted “ The regulator must keep ”;

(11) Article 91 is to be read as if for “Member States” in both places it occurs there were substituted “ The regulator ”.

(12) Annex 7 is to be read as if—

(a) in section 1, in the first sentence, for “competent authority” there were substituted “ regulator ”;

(b) in section 2—

(i) in points (c) and (d), “Community” were omitted;

(ii) in point (e)—

(aa) in the second sentence, for “Article 75” there were substituted “ regulation 7 of the Ionising Radiation (Basic Safety Standards) (Miscellaneous Provisions) Regulations 2018 ”;

(bb) in the third sentence, for “competent authority” there were substituted “ regulator ”;

(i) in point (d), for “Member States” there were substituted “ the appropriate authority ”;

(ii) in point (e), in the first paragraph, in the fourth indent, in the third sentence, for “Member States” there were substituted “ The appropriate authority ”;

(d) in Table A Part 1, in the final paragraph, for “competent authority” there were substituted “ appropriate authority ”.

(13) Annex 14 is to be read as if, in the form, in the note, for “Community” there were substituted “ United Kingdom ”.

(14) Annex 15 is to be read as if—

(a) in point (b), for “Member States” there were substituted “ the regulator ”;

(b) in points (d), (e) and (g), for “competent authority” in each place it occurs there were substituted “ regulator ”.

Modification of the Batteries Directive

3

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

(2) Article 2(2)(a) is to be read as if for “Member States' essential security interests” there were substituted “ the essential security interests of the United Kingdom ”.

(3) Article 3 is to be read as if—

(a) in point (7), for “Article 1(1)(a) of Directive 2006/12/EC ” there were substituted “ Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive ”;

(b) in point (9), for “Annex IIA to Directive 2006/12/EC” there were substituted “ Annex 1 to the Waste Framework Directive ”.

Modification of the End-of-Life Vehicles Directive

4

(1) For the purposes of these Regulations, the End-of-Life Vehicles Directive is to be read in accordance with this paragraph.

(2) When interpreting the End-of-Life Vehicles Directive for the purposes of these Regulations—

(a) an expression used in the Directive that is defined in Part 1 of these Regulations has the meaning given in that Part;

(b) 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 so far as it related to England or Wales.

(3) Article 2 is to be read as if—

(a) for paragraph 1 there were substituted—

(1) ‘vehicle’ means any motor vehicle; (1A) ‘waste’ means waste within the meaning of Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive;

(b) in paragraph 2, “within the meaning of Article 1(a) of Directive 75/442/EEC” were omitted;

(4) Article 4(2) is to be read as if points (b) and (c) were omitted.

(5) Article 6 is to be read as if—

(a) in paragraph 1, for “Directive 2008/98/EC of the European Parliament and of the Council” there were substituted “the Waste Framework Directive”;

(b) in paragraph 3, in the words before point (a), for “establishment or undertaking” there were substituted “ operator ”.

(6) In Annex 2, in the table, in table foot note (2a), for the words from “Directive 2006/95/EC ” to the end there were substituted “the second subparagraph of Article 1 of Directive 2014/35/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits ,and for these purposes Annex 2 to Directive 2014/35/EU is to be read as if for “Member States participate” there were substituted “ United Kingdom participates ””.

(7) In sub-paragraph (2)(b), “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;

(i) a county council, or

(ii) a county borough council.

Modification of the Energy Efficiency Directive

5

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

(2) Annex 1 is to be read as if—

(a) in Part 1—

(i) in point (a)(i) and (ii), for “Member States” there were substituted “ the appropriate authority ”;

(ii) in point (b), in the third paragraph—

(aa) “If Member States introduce” were omitted;

(bb) for the words from “, such default values” to the end there were substituted “ must be used if they have been published by the appropriate authority ”;

(iii) in points (d) and (e), for “Member States” there were substituted “ The appropriate authority ”;

(b) in Part 2, the final paragraph were omitted.

(3) Annex 2 is to be read as if—

(a) in point (b), in the definition of “CHP Eη”, the final sentence were omitted;

(b) in point (c)—

(i) in the first paragraph, for “Member States may” there were substituted “ It is permissible to ”;

(ii) in the second paragraph, in the definition of “Eη”, the final sentence were omitted;

(i) “Member States may use” were omitted;

(ii) after “one year” there were inserted “ may be used ”;

(d) in point (f), in the third paragraph, point 4 were omitted.

(4) Annex 9 is to be read as if, in Part 2—

(a) the heading and the words before the first paragraph were omitted;

(b) in the seventh paragraph, “for the purposes of Article 14(5)” were omitted;

Modification of the Industrial Emissions Directive

6

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

(2) When interpreting the Industrial Emissions Directive for the purposes of these Regulations—

(a) an expression used in the Directive that is defined in Part 1 of these Regulations has the meaning given in that Part, except for “installation” for the purposes of Schedules 7 and 14, and—

(i) for the purposes of Schedule 7, “installation” means Part A installation;

(ii) for the purposes of Schedule 14, “installation” means a stationary technical unit within which a solvent emission activity is carried out, and any other directly associated activities on the same site which have a technical connection with the solvent emission activity and which could have an effect on emission of volatile organic compounds;

(b) except in point 5 of Annex 4 to the Directive, a reference to “Member States” is to be read as a reference to the competent authority;

(i) for the purposes of exercising a judgement as to whether there is an overriding need to maintain energy supplies under Articles 30(6) and 37, the appropriate authority;

(ii) otherwise, the regulator.

(3) Article 3 is to be read as if—

(a) in point (1)—

(i) for the purposes of Schedule 7 only, in the words before point (a), after “its compounds” there were inserted “ and any biological entity or micro-organism ”;

(ii) in point (a), for the words from “Article 1” to the end there were substituted “ Article 4 of the Basic Safety Standards Directive ”;

(b) points (2) to (4) were omitted;

(d) for points (7) and (8) there were substituted—

(7) ‘permit’ means environmental permit; (8) ‘general binding rule’— (i) for the purposes of Schedules 15 and 17 to the Environmental Permitting (England and Wales) Regulations 2016, means emission limit values or other conditions, at least at sector level, that are adopted with the intention of being used directly to set permit conditions; (ii) otherwise, means a standard rule published under regulation 26 of the Environmental Permitting (England and Wales) Regulations 2016;

(e) in point (10)(b), for “Member State in question” there were substituted “ United Kingdom ”;

(f) in point (11), after “Article 13” there were inserted “ as that Article had effect immediately before IP completion day ”;

(g) in point (12), for “means a document” there were substituted “ except where Article 13(7) applies, means a document annexed to assimilated direct legislation made under Article 13(5) as that Article had effect immediately before IP completion day ”;

(h) points (18) and (20) were omitted;

(i) in point (23), for the words from “point 1 of Article 2” to the end there were substituted “ point 1 of the second subparagraph of Article 2 of Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs ; ”;

(j) point (25) were omitted;

(k) in point (36), for the words from “point 26” to the end there were substituted “ Article 2(26) of Directive 2009/72/EC of the European Parliament and of the Council concerning common rules for the internal market in electricity ; ”;

(l) points (37), (38), (40), (41) were omitted.

(4) Article 5 is to be read as if—

(a) in paragraph 1, “or Union” were omitted;

(b) in paragraph 3, a reference to a numbered Article of Directive 85/337/EEC were a reference to the EU-derived domestic legislation which transposed the same numbered Article of Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment in respect of England and Wales.

(5) Article 7 is to be read as if, in the words before point (a), the words from “Directive 2004/35/EC ” to “damage” there were substituted “the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 and the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 ”.

(5A) Article 9 is to be read as if—

(a) in paragraph 2, for “Member States” there were substituted “ the competent authority ”;

(b) in paragraph 4, for the words from “to 3 shall not” to the end, substitute “and 2 and the references to Annex 1 to Directive 2003/87/EC in both are to be read as if for “in a storage site permitted under Directive 2009/31/EC” in each place in which those words occur in that Annex, there were substituted “ in a storage site permitted under Chapter 3 of Part 1 of the Energy Act 2008 or other domestic legislation which immediately before IP completion day implemented Directive 2009/31/EC ”

(6) Article 11(d) and (e) is to be read as if, for “Directive 2008/98/EC ” there were substituted “ the Waste Framework Directive ”.

(7) Article 12(2) is to be read as if—

(a) for “Directive 85/337/EEC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2011/92/EU in respect of England and Wales ”;

(b) for “Directive 96/82/EC ”there were substituted “ the Control of Major Accident Hazards Regulations 2015 ”.

(8) Article 13 is to be read as if—

(a) paragraphs 1 to 6 were omitted;

(b) in paragraph 7, for the words from “Pending” to “paragraph 5, the” there were substituted “ In the absence of a BAT conclusion, any relevant ”.

(9) Article 14 is to be read as if—

(a) in paragraph 4, the second sentence were omitted;

(b) in paragraph 7, for “the legislation” there were substituted “assimilated law”.

(10) Article 15 is to be read as if—

(a) in paragraph 3, in the words before point (a), “referred to in Article 13(5)” were omitted;

(b) in paragraph 4, the fifth subparagraph were omitted.

(11) Article 21 is to be read as if—

(a) in paragraph 1, for the words from “Member States” to “periodically reconsiders” there were substituted “ The competent authority must periodically reconsider ”;

(b) in paragraph 3—

(i) in the first subparagraph, in the words before point (a), for “decisions on BAT conclusions in accordance with Article 13(5)” there were substituted “ BAT conclusions ”;

(ii) in the second subparagraph, “in accordance with Article 13(5)” were omitted.

(12) Article 22 is to be read as if—

(a) in paragraph 1—

(i) for the words from “Directive 2000/60/EC ”to “deterioration” there were substituted “ the legislation listed in paragraph 1A ”;

(ii) for “Union” there were substituted “assimilated”;

(b) after paragraph 1 there were inserted—

(1A) The legislation referred to in paragraph 1 is— (a) the EU-derived domestic legislation which transposed Directive 2000/60/EC in respect of England and Wales ; (b) the Environmental Damage (Prevention and Remediation) (England) Regulations 2015; (c) the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009; (d) Schedule 22 to the Environmental Permitting (England and Wales) Regulations 2016 and the other EU-derived domestic legislation which transposed Directive 2006/118/EC in respect of England and Wales .

(i) in the fourth subparagraph, for “Union” there were substituted “assimilated”;

(ii) the fifth subparagraph were omitted.

(13) Article 23 is to be read as if—

(a) in paragraph 4—

(i) in the fourth subparagraph, point (c) were omitted;

(ii) the fifth subparagraph were omitted;

(b) in paragraph 6, in the second subparagraph, for the words from “Directive 2003/4/EC ”to “environmental information” there were substituted “ the Environmental Information Regulations 2004 ”.

(14) Article 24(4) is to be read as if, for “Article 4(1) and (2) of Directive 2003/4/EC” there were substituted “ the exceptions in Part 3 of the Environmental Information Regulations 2004 ”.

(15) Article 30 is to be read as if—

(a) in paragraph 5 the second sub-paragraph were omitted;

(b) in paragraph 6, the third subparagraph were omitted.

(16) Article 31 is to be read as if—

(a) in paragraph 1, the words from “and with prior validation” to the end were omitted;

(b) in paragraph 2, for “points 3.1 or” there were substituted “ point ”.

(17) Article 32 is to be read as if—

(a) a reference to the plan or transitional national plan were a reference to the UK transitional plan prepared by the Secretary of State and submitted to the European Commission on 20th October 2015;

(b) in paragraph 2, in the second subparagraph, the words “, pursuant in particular to the requirements of Directives 2001/80/EC and 2008/1/EC ,” were omitted;

(18) Article 33 is to be read as if—

(a) in paragraph 1—

(i) in the words before point (a)—

(aa) the reference to the transitional national plan were a reference to the UK transitional plan prepared by the Secretary of State and submitted to the European Commission on 20th October 2015;

(bb) “referred to in Article 32” were omitted;

(ii) at the end of point (b) there were inserted “and”;

(iii) in point (c), the words “, pursuant in particular to the requirements of Directives 2001/80/EC and 2008/1/EC,” were omitted;

(iv) point (d) (and the “and” immediately preceding it) were omitted;

(b) in paragraph 2—

(i) for “Commission” in both places it occurs there were substituted “ appropriate authority ”;

(ii) in the first sentence, for “each Member State” substitute “ the regulator ”.

(19) Articles 34(1) and 35(1)(d) are to be read as if the words “, pursuant in particular to the requirements of Directives 2001/80/EC and 2008/1/EC,” were omitted.

(20) Article 42(2)(a)(iii) is to be read as if, for the words from “Regulation (EC) No 1774/2002” to the end there were substituted “ Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption ”.

(21) Article 44(d) is to be read as if “and Union” were omitted.

(22) Article 45(1)(a) is to be read as if for “European Waste List established by” there were substituted “ List in ”.

(23) Article 50(3) is to be read as if, in the second subparagraph, for the words from “Article 2(2)” to the end there were substituted “ regulation 2(1) of the Sulphur Content of Liquid Fuels (England and Wales) Regulations 2007 ”.

(24) Article 51 is to be read as if—

(a) in paragraph 1, the second sentence were omitted;

(b) in paragraph 4—

(i) for “Commission” there were substituted “ appropriate authority ”;

(ii) the words from “as part” to the end were omitted.

(25) Article 52 is to be read as if—

(a) in paragraph 2, for “European Waste List established by” there were substituted “ List in ”;

(b) in paragraph 4(a), for “Directive 2008/98/EC” there were substituted “ the Waste Framework Directive ”.

(26) Article 55(2) is to be read as if, in the first sentence, for “report referred to in Article 72 shall include” there were substituted “ regulator must provide to the appropriate authority ”.

(27) Article 59 is to be read as if—

(a) in paragraph 1, the second subparagraph were omitted;

(b) in paragraph 4—

(i) for “Commission” there were substituted “ appropriate authority ”;

(ii) “in accordance with Article 72(2)” were omitted.

(28) Article 65(3) is to be read as if for “restrictions laid down in Article 4(1) and (2) of Directive 2003/4/EC” there were substituted “ exceptions in Part 3 of the Environmental Information Regulations 2004 ”.

(29) Annex 1 is to be read as if—

(a) in the words before point 1, the second paragraph were omitted;

(b) in point 5.3—

(i) in point (a), in the words before point (i), for “Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment” there were substituted “ the Urban Waste Water Treatment (England and Wales) Regulations 1994 ”;

(ii) in point (b), in the words before point (i), for “Directive 91/271/EEC” there were substituted “ the Urban Waste Water Treatment (England and Wales) Regulations 1994 ”;

(d) in point 6.9, for “Directive 2009/31/EC” there were substituted “ Chapter 3 of Part 1 of the Energy Act 2008 and other EU-derived domestic legislation which transposed Directive 2009/31/EC on the geological storage of carbon dioxide in relation to England and Wales ”;

(e) in point 6.11, for “Directive 91/271/EEC” there were substituted “ the Urban Waste Water Treatment (England and Wales) Regulations 1994 ”.

(30) Annex 2 is to be read as if, in the Section headed “Water”, in paragraph 13, for “Directive 2000/60/EC” there were substituted “ the Water Framework Directive ”.

(31) Annex 4 is to be read as if—

(a) in point 1(b), for the words from “consultations” to the end there were substituted “ a consultation in accordance with paragraph 10(2A)(a) of Schedule 5 to the Environmental Permitting (England and Wales) Regulations 2016 ”;

(b) in point 2—

(i) in point (a) “or authorities” were omitted;

(ii) in point (b), for “Directive 2003/4/EC” there were substituted “ the Environmental Information Regulations 2004 ”;

(32) Annex 6 is to be read as if—

(a) in Part 4—

(i) in point 1, in the definition of “Vproc”, “Union or” were omitted;

(ii) point 3.1 were omitted;

(b) in Part 5, in entry 1 of the table, in the first column, after “defined in” there were inserted “ the third entry of Table 1 in ”;

(c) in Part 6, in point 2.1(c), after “furans” there were inserted “ and dioxin-like polychlorinated biphenyls and polycyclic aromatic hydrocarbons ”, but only in the case of particular plants where the regulator can demonstrate that emissions of those additional substances are, or are likely to be, significant.

Modification of the Landfill Directive

7

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

(2) When interpreting the Landfill Directive for the purposes of these Regulations—

(a) an expression used in the Directive that is defined in Part 1 of these Regulations has the meaning given in that Part;

(b) “landfill permit” or “permit” means environmental permit;

(i) European site (which has the meaning given in regulation 8 of the Conservation of Habitats and Species Regulations 2017), or

(ii) site of special scientific interest (which has the meaning given in section 52(1) of the Wildlife and Countryside Act 1981 );

(d) 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 so far as it related to England or Wales;

(e) the competent authority is the regulator.

(3) Article 1 is to be read as if—

(a) in paragraph 1, the words from “With a view” to “thereof,” were omitted;

(b) in paragraph 2, for “Directive 96/61/EC ”,in both places it occurs, there were substituted “ the Industrial Emissions Directive ”.

(4) Article 2 is to be read as if—

(a) for point (a) there were substituted—

(a) the definitions of ‘municipal waste’, ‘waste producer’, ‘waste holder’, ‘waste management’, ‘separate collection’, ‘preparing for re-use’ and ‘recycling’ in the Waste Framework Directive apply, with references to ‘waste’ in those definitions being interpreted in accordance with the definition of ‘waste’ in Part 1 of the Environmental Permitting (England and Wales) Regulations 2016;

(b) points (l), (p) and (r) were omitted.

(5) Article 3 is to be read as if—

(a) in paragraph 2, in the words before the first indent, “Without prejudice to existing Community legislation,” were omitted;

(b) for paragraph 3 there were substituted—

(3) The management of extractive waste is excluded from the scope of this Directive where it falls within the scope of Schedule 20, or paragraph 8(a) or (b) of Schedule 22, to the Environmental Permitting (England and Wales) Regulations 2016.

(6) Article 5(3) is to be read as if—

(a) in point (b), for “Annex III to Directive 91/689/EEC ” there were substituted “ Annex 3 to the Waste Framework Directive ”;

(b) in point (c), for the words from “(property H9” to the end there were substituted “ by Annex 3 to the Waste Framework Directive ”;

(i) for “two years from the date laid down in Article 18(1)” there were substituted “ 16th July 2001 ”;

(ii) for “five years from the date laid down in Article 18(1)” there were substituted “ from 16th July 2004 ”.

(d) in point (f)—

(i) after “waste”, in the first place it occurs, there were inserted “paper, metal, plastic and glass”;

(ii) the words from “pursuant” to “Article 22 of that Directive” were omitted;

(ii) for “Article 4 of that Directive” there were substituted “Article 4 of the Waste Framework Directive”

(7) In Article 6, point (a) is to be read as if—

(a) in the first paragraph, in the second sentence, for “may” there were substituted “does”;

(b) in the second paragraph, for the words from “of Directive 2008/98/EC” to the end, there were substituted “set out in Part 1 of Schedule 1 to the Waste (England and Wales) Regulations 2011, or any objectives in assimilated law relating to the increase of preparing for re-use and recycling”.

(8) Article 7 is to be read as if—

(a) in the first subparagraph, in point (h)—

(i) the reference to Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment were a reference to the EU-derived domestic legislation which transposed Directive 2011/92/EU in respect of England and Wales;

(iii) the reference to Article 5 of Directive 85/337/EEC were a reference to the EU-derived domestic legislation which transposed Article 5 of Directive 2011/92/EU in respect of England and Wales;

(b) in the second subparagraph, “and Community” were omitted.

(9) Article 8 is to be read as if—

(a) in point (a)—

(i) in point (i), “without prejudice to Article 3(4) and (5),” were omitted;

(ii) in point (iv)—

(aa) in the first sentence, “issued under the provisions of this Directive” were omitted;

(bb) the final sentence were omitted;

(b) in point (b), for “Article 7 of Directive 75/442/EEC” there were substituted “ regulation 7 of the Waste (England and Wales) Regulations 2011 ”.

(10) Article 9 is to be read as if, in the words before point (a), the words from “Specifying” to “Directive 96/61/EC,” were omitted.

(11) Article 10 is to be read as if for the words from “Council Directive 90/313/EEC ” to “environment” there were substituted “ the Environmental Information Regulations 2004 ”.

(12) Article 11(1) is to be read as if—

(a) in point (b)—

(i) in the first indent—

(aa) for “Article 5(3) of Directive 91/689/EEC” there were substituted “ Article 19(2) of the Waste Framework Directive ”;

(bb) for “Council Regulation” to the end there were substituted “ Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste ”;

(ii) in the third indent, “and Community” were omitted;

(b) in point (d), “without prejudice to the provisions of Regulation (EEC) No 259/93,” were omitted.

(13) Article 13(d) is to be read as if “Community or” were omitted.

(14) Article 14 is to be read as if—

(a) in the words before point (a), for “within eight years after the date laid down in Article 18(1)” there were substituted “ by 16th July 2007 ”;

(b) in point (a), for the words from “with a period” to “Article 18(1)” there were substituted “ by 16th July 2000 ”;

(c) in point (c), for “within eight years after the date laid down in Article 18(1)” there were substituted “ by 16th July 2007 ”;

(d) in point (d)—

(i) in point (i), for “within one year after the date laid down in Article 18(1)” there were substituted “ by 16th July 2000 ”;

(ii) in point (ii), for “within three years after the date laid down in Article 18(1)” there were substituted “ by 16th July 2002 ”.

(15) Annex 1 is to be read as if—

(a) in Section 2, for the final sentence there were substituted “ The above provisions do not apply to inert landfills. ”;

(b) in Section 3.3, omit the second paragraph;

(c) in Section 3.4, for “Directive 80/68/EEC ” there were substituted “ the EU-derived domestic legislation which transposed Directive 2000/60/EC of the European Parliament and of the Council in respect of England and Wales ”;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(16) Annex 2 is to be read as if—

(a) Section 1 were omitted;

(b) in Section 2, in the second paragraph, the final sentence were omitted;

(c) in Section 4, in the fourth and fifth paragraphs, for “covered by Directive 91/689/EEC” there were substituted “ classified as hazardous waste ”;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(17) Annex 3 is to be read as if—

(a) in Section 2, in the table, in the first column, for “14.00 h CET” in both places it occurs there were substituted “1 p.m.”;

(b) in Section 3, in the fourth paragraph, in the table, in table note 7, the words from “, and will report” to the end were omitted.

(18) In sub-paragraph (2)(d), “local authority” has the meaning given in paragraph 4(7).

Modification of the Medium Combustion Plant Directive

8

(1) For the purposes of these Regulations, the Medium Combustion Plant Directive is to be read in accordance with this paragraph.

(2) When interpreting the Medium Combustion Plant Directive for the purposes of these Regulations—

(a) except where defined in this paragraph, an expression used in the Directive that is defined in Part 1 of these Regulations has the meaning given in that Part;

(b) the competent authority is the regulator;

(d) a reference to “Member States” is to be read as a reference to the regulator;

(e) “permit” means environmental permit;

(f) a reference to Directive 2010/75/EU is to be read as if it were a reference to the Industrial Emissions Directive.

(3) Article 2 is to be read as if—

(a) in paragraph 3(b), for “Directive 97/68/EC of the European Parliament and of the Council ” there were substituted “ Regulation (EU) 2016/1628 of the European Parliament and of the Council on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery ”;

(b) in paragraph 4, the second sentence were omitted.

(4) Article 3 is to be read as if points (1), (5) and (17) were omitted.

(5) Article 6 is to be read as if—

(a) in paragraph 1, the second subparagraph were omitted;

(b) paragraphs 8, 11 and 12 were omitted.

(6) Article 7 is to be read as if—

(a) in paragraph 5(c), for “Article 6(8)” there were substituted “ paragraph 8(1) of Schedule 25A to the Environmental Permitting (England and Wales) Regulations 2016 ”;

(b) in paragraph 7, in the first sentence, for “Article 8” there were substituted “ Article 8(2) and (3) ”.

(7) Annex 1 is to be read as if, in point 7, for “Article 6(8)” there were substituted “ paragraph 8(1) of Schedule 25A to the Environmental Permitting (England and Wales) Regulations 2016 ”.

(8) Annex 3 is to be read as if—

(a) in Part 1, in point 2, for “Article 6(8)” in each place it occurs there were substituted “ paragraph 8(1) of Schedule 25A to the Environmental Permitting (England and Wales) Regulations 2016 ”;

(b) in Part 2, in point 3, for “Article 6(11) and Article 6(12)” there were substituted “ paragraph 11(2) and (4) of Schedule 25A to the Environmental Permitting (England and Wales) Regulations 2016 ”.

Modification of the Mining Waste Directive

9

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

(2) When interpreting the Mining Waste Directive for the purposes of these Regulations—

(a) except where defined in this paragraph, an expression used in the Directive that is defined in Part 1 of these Regulations has the meaning given in that Part;

(b) “permit” means an environmental permit;

(c) 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 so far as it related to England or Wales;

(d) the competent authority is the regulator.

(3) Article 2 is to be read as if—

(a) in paragraph 2(c), for “Directive 2000/60/EC” there were substituted “ the Water Framework Directive ”;

(b) in paragraph 3, the second and third subparagraphs were omitted;

(4) Article 3 is to be read as if—

(a) points (1) and (2) were omitted;

(b) in point (4), for the words from “the national law” to the end there were substituted “ national law ”;

(c) in point (17), for “Directive 67/548/EEC or Directive 1999/45/EC ” there were substituted “ Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures ”;

(d) in point (18), for “Article 2(11) of Directive 96/61/EC” there were substituted “ Article 3(10) of the Industrial Emissions Directive ”;

(e) in point (19), for “Directive 2000/60/EC” there were substituted “ the Water Framework Directive ”;

(f) point (24) were omitted;

(g) in point (26), for the words from “the national law” to “operates” there were substituted “ national law ”;

(h) point (27) were omitted.

(5) Article 5 is to be read as if—

(a) in paragraph 2(a)(iii) and (b), “at Community level” were omitted;

(b) in paragraph 3(g), for “Directive 2000/60/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2000/60/EC of the European Parliament and of the Council in respect of England and Wales ”;

(6) Article 6 is to be read as if—

(a) in paragraph 1, for “Directive 96/82/EC” there were substituted “ the Control of Major Accident Hazards Regulations 2015 ”;

(b) in paragraph 2, the words from “Without prejudice” to “92/104/EEC,” were omitted.

(7) Article 7 is to be read as if—

(a) in paragraph 1, in the second subparagraph, “national or Community” were omitted;

(b) in paragraph 2(e), a reference to Directive 85/337/EEC were a reference to the EU-derived domestic legislation which transposed Directive 2011/92/EU in respect of England and Wales;

(c) in paragraph 3(b), for “Article 7 of Directive 75/442/EC” there were substituted “ regulation 7 of the Waste (England and Wales) Regulations 2011 ”;

(d) in paragraph 4, the third indent were omitted;

(e) in paragraph 5, “and Community” were omitted.

(8) Article 8 is to be read as if—

(a) in paragraph 1(b), for the words from “between” to the end there were substituted “ in accordance with paragraph 10(2A)(a) of Schedule 5 to the Environmental Permitting (England and Wales) Regulations 2016 ”;

(b) in paragraph 2(b), for the words from “provisions” to “environmental information” there were substituted “ Environmental Information Regulations 2004 ”.

(9) Article 10(2) is to be read as if for “Directive 1999/31/EC ” there were substituted “ The Landfill Directive ”.

(10) Article 11(2)(a) is to be read as if—

(a) “Community or” were omitted;

(b) for “Directives 76/464/EEC , 80/68/EEC and 2000/60/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2000/60/EC of the European Parliament and of the Council in respect of England and Wales ”.

(11) Article 12 is to be read as if—

(a) in paragraph 4, “or Community” were omitted;

(b) in paragraph 5, in the words before point (a)—

(i) for “Community legislation” there were substituted “assimilated law”;

(ii) for “Directives 76/464/EEC, 80/68/EEC and 2000/60/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2000/60/EC of the European Parliament and of the Council in respect of England and Wales ”.

(12) Article 13 is to be read as if—

(a) in paragraph 1, in the words before point (a)—

(i) “Community” were omitted;

(ii) for “Directive 2000/60/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2000/60/EC of the European Parliament and of the Council in respect of England and Wales ”;

(b) in paragraph 3, for “Directives 76/464/EEC, 80/68/EEC or 2000/60/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2000/60/EC of the European Parliament and of the Council in respect of England and Wales ”;

(c) in paragraph 4, for “Directives 76/464/EEC, 80/68/EEC and 2000/60/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2000/60/EC of the European Parliament and of the Council in respect of England and Wales ”;

(d) in paragraph 5, in the second sentence—

(i) for “Community” there were substituted “assimilated law”;

(ii) for “Directive 2000/60/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2000/60/EC of the European Parliament and of the Council in respect of England and Wales ”.

(13) Article 20 is to be read as if, in the second sentence, the words from “, taking into account” to the end were omitted.

(14) Article 24(4) is to be read as if, in the second indent, “Community or” were omitted.

(15) Annex 3 is to be read as if—

(a) in the second indent, for “Directive 91/689/EEC” there were substituted “ the Waste Framework Directive ”;

(b) in the third indent, for “Directives 67/548/EEC or 1999/45/EC” there were substituted “ Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures ”.

(16) In sub-paragraph (2)(c), “local authority” has the meaning given in paragraph 4(7).

Modification of PVR I

10

(1) For the purposes of these Regulations, PVR I is to be read in accordance with this paragraph.

(2) Article 2(k) is to be read as if for the words from “Chapter 1” to the end there were substituted “ regulation 3 of the Merchant Shipping (Technical Requirements for Inland Waterway Vessels) Regulations 2010 ”.

(3) Article 4 is to be read as if—

(a) in paragraph 1, in the sixth subparagraph, the second and third sentences were omitted;

(b) in paragraph 4, the second subparagraph were omitted.

(4) Annex 1 is to be read as if, in point 1, in the third sentence—

(a) for “Member States” there were substituted “ The regulator ”;

(b) “special landscape areas which have been designated by national authority” included the Broads, the New Forest and any National Park or Area of Outstanding Natural Beauty.

(5) Annex 2 is to be read as if—

(a) in point 2—

(i) in the second paragraph—

(aa) in the words before the first indent, for “United Kingdom” there were substituted “ regulator ”;

(bb) in the third indent, for “Commission” there were substituted “ appropriate authority ”;

(ii) in the third paragraph, for “Member States' competent authorities” there were substituted “ regulator ”;

(b) in points 3 and 4, for “Member States' competent authorities” there were substituted “ regulator ”.

(6) Annex 4 is to be read as if points 2.3, 3.2 and 3.5 were omitted.

Modification of PVR II

11

(1) For the purposes of these Regulations, PVR II is to be read in accordance with this paragraph.

(2) Article 3(1) to (3) is to be read as if “Member States shall ensure that” were omitted.

(3) Article 4 is to be read as if—

(a) in paragraph 1, for the words from “Member States” to “such systems is” there were substituted “ The petrol vapour capture efficiency of Stage II petrol vapour recovery systems must be ”;

(b) in paragraph 2, the words from “With effect” to “Article 3,” were omitted.

(4) Article 5 is to be read as if—

(a) “Member States shall ensure that”, in each place it occurs, were omitted;

(b) in paragraph 1, for “is” there were substituted “ must be ”;

(d) in paragraph 3, for “displays” there were substituted “ must display ”.

Modification of the Waste Framework Directive

12

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

(2) When interpreting the Waste Framework Directive for the purposes of these Regulations—

(a) an expression used in the Directive that is defined in Part 1 of these Regulations has the meaning given in that Part;

(b) “permit” means an environmental permit;

(c) 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 so far as it related to England or Wales;

(d) the competent authority is the regulator.

(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 “assimilated 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), for the words from “Directive 2006/21/EC ” to the end there were substituted “ the Mining Waste Directive ”;

(b) in paragraph 3, the words from “Without prejudice” to “Community legislation,” were omitted.

(4) Article 3(20) is to be read as if for “Article 2(11) of Directive 96/61/EC” there were substituted “ Article 3(10) of the Industrial Emissions Directive ”.

(5) Article 4(2) is to be read as if the second subparagraph were omitted.

(6) 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.

(7) 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.

(8) 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 or in Wales (as the case may be).

(b) in paragraph 1—

(i) the first and second sentences were omitted;

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