The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019

Made: 31st 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—in relation to Part 1, the powers mentioned in paragraphs (b) and (c);in relation to Part 2, section 2(2) of the European Communities Act 1972 ;in relation to the remainder of the Regulations, section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 .The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to—batteries and accumulators ;matters relating to the prevention and recovery of waste electrical and electronic equipment ;matters relating to the prevention of waste from vehicles and forms of recovery of end-of-life vehicles and their components ;measures relating to the prevention, reduction and elimination of pollution caused by waste ;measures relating to the prevention, reduction and elimination of pollution caused by waste and the management of packaging and packaging waste .

The Secretary of State makes these Regulations in exercise of the powers conferred by—

in relation to Part 1, the powers mentioned in paragraphs (b) and (c);

in relation to Part 2, section 2(2) of the European Communities Act 1972 ;

in relation to the remainder of the Regulations, section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 .

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to—

batteries and accumulators ;

matters relating to the prevention and recovery of waste electrical and electronic equipment ;

matters relating to the prevention of waste from vehicles and forms of recovery of end-of-life vehicles and their components ;

measures relating to the prevention, reduction and elimination of pollution caused by waste ;

measures relating to the prevention, reduction and elimination of pollution caused by waste and the management of packaging and packaging waste .

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) as regards this Part and Part 2, 21 days after the day on which they are laid;

• (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 2003 are amended as follows.

• (2) In regulation 2—

• (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 regulation 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) in the definition of “end-of-life vehicle”, as it extends to Northern Ireland, for “Article 1(a)” substitute “ Article 3(1) ”;

• (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 2005 are amended as follows.

• (2) In regulation 2—

• (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) in the definition of “end-of-life vehicle”, as it extends to Northern Ireland, for “Article 1(a)” substitute “ Article 3(1) ”;

• (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 2007 are amended as follows.

• (2) In regulation 2(1)—

• (a) in the definition of “the Packaging Waste Directive”, at the end insert “, as last amended by Directive (EU) 2015/720 ;

• (b) in the definition of “the Waste Directive”, as it extends to Scotland, at the end insert “ , as last amended by Council Regulation (EU) 2017/997 ”.

• (3) In Schedule 5, in paragraph 1(r)—

• (a) in paragraph (i), after “waste”, insert “ , as last amended by Commission Regulation (EU) 2015/2002 ”;

• (b) in paragraph (ii), after “apply”, insert “ , as last amended by Commission Regulation (EU) No 733/2014 ”.

The Batteries and Accumulators (Placing on the Market) Regulations 2008

5

• (1) The Batteries and Accumulators (Placing on the Market) Regulations 2008 are amended as follows.

• (2) In regulation 7, in paragraph (3), for the words after “Article”, substitute “ 3(1) of Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Council Regulation (EU) 2017/997/EU ”.

The Waste Batteries and Accumulators Regulations 2009

6

• (1) The Waste Batteries and Accumulators Regulations 2009 are amended as follows.

• (2) In regulation 2—

• (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/EU establishing the best available techniques (BAT) conclusions under Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions for the manufacture of glass ;

• (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/EC ” 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) after paragraph (1) insert—

(1A) In paragraph (1), “the 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/EU.

• (3) In regulation 56—

• (a) in paragraph (3), for “Council Directive 1999/31/EC on the landfill of waste ” substitute “ the Landfill Directive ”;

• (b) after paragraph (3) insert—

(4) In paragraph (3), “the Landfill Directive” means Council Directive 1999/31/EC on the landfill of waste, as last amended by Council Directive 2011/97/EU .

The Controlled Waste (England and Wales) Regulations 2012

7

• (1) The Controlled Waste (England and Wales) Regulations 2012 are amended as follows.

• (2) In regulation 2—

• (a) in the definition of “Directive waste”, in sub-paragraph (a), for “Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives” substitute “ the Waste Directive ”;

• (b) at the end, insert—

“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/EU.

The Waste Electrical and Electronic Equipment Regulations 2013

8

• (1) The Waste Electrical and Electronic Equipment Regulations 2013 are amended as follows.

• (2) In regulation 2—

• (a) for the definition of “the Directive”, substitute—

“the Directive” means Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE) , as it had effect immediately before 4th July 2018;

• (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) 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) in the definition of “producer”, for “a member State” substitute “ the United Kingdom ”;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) in the definition of “the Waste Directive”, at the end insert “ , and read in accordance with regulation 2A ”.

• (3) After regulation 2, insert—

(2A) (1) For the purposes of these Regulations, the Waste Directive is to be read in accordance with this regulation. (2) 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. (c) paragraphs 2 and 3 were omitted. (3) 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 retained direct EU 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. (c) in paragraph 2— (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. (4) In this regulation— - “appropriate agency” means—in relation to England, the Environment Agency;in relation to Wales, the Natural Resources Body for Wales;in relation to Scotland, the Scottish Environment Protection Agency;in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs; - “appropriate authority” means—in relation to England, the Secretary of State;in relation to Wales, the Welsh Ministers;in relation to Scotland, the Scottish Ministers;in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.

• (4) In regulation 3(3), omit “EU or”.

• (5) In regulation 4—

• (a) for the heading, substitute “ Existing legislation ”;

• (b) for “existing EU legislation and relevant national legislation” substitute “any other relevant legislation”.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) For regulation 15 substitute—

(15) For the purposes of regulation 14, “material and component coding standards” means the nomenclature of the material and component coding standards for end-of-life vehicles set out in Schedule 2.

• (8) In regulation 18(2), in the words before sub-paragraph (a), for “objectives in Article 7 of the Directive, that is to say” substitute “ following objectives ”.

• (9) In regulation 29, omit the words from “, which sets out” to the end.

• (10) In regulation 33—

• (a) in paragraphs (a) and (b), for “another” substitute “ an ”;

• (b) for the words after paragraph (b), substitute— “ and containing at least the information listed in Schedule 3 has legal effect, and all rights, powers, liabilities, obligations and restrictions arising out of or incidental to such certificates or their issue shall be recognised and available in law, and be enforced, allowed and followed accordingly. ”.

• (11) In Schedule 3—

• (a) in the heading, omit the words from “issued” to the end;

• (b) in paragraph 2, omit “(in accordance with Article 6(2) of the Directive)”.

The End-of-Life Vehicles (Producer Responsibility) Regulations 2005

10

• (1) The End-of-Life Vehicles (Producer Responsibility) Regulations 2005 are amended as follows.

• (2) In regulation 2—

• (a) in the definition of “the Directive”, at the end insert “ and as read in accordance with regulation 2A ”;

• (b) after the definition of “the Directive”, insert—

“appropriate agency” means— (a) in relation to England, the Environment Agency, (b) in relation to Wales, the Natural Resources Body for Wales, (c) in relation to Scotland, the Scottish Environment Protection Agency, (d) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs; “appropriate authority” means— (a) in relation to England, the Secretary of State, (b) in relation to Wales, the Welsh Ministers, (c) in relation to Scotland, the Scottish Ministers, (d) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

• (c) in the definition of “end-of-life vehicle” (as amended by regulation 3(2)(b)), at the end insert “ , as read with Articles 5 and 6 of that Directive ”;

• (d) after the definition of “end-of-life vehicle” insert—

“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; (c) in Wales— (i) a county council, or (ii) a county borough council; (d) in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ; (e) in Northern Ireland, a district council established under section 1 of the Local Government Act (Northern Ireland) 1972 ;

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) in the definition of “the Waste Directive”, at the end insert “ , and as read in accordance with regulation 2B ”.

• (3) After regulation 2, insert—

(2A) (1) For the purposes of these Regulations, the 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. (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; (c) paragraph 5 were omitted. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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. (c) paragraphs 2 and 3 were omitted. (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 retained direct EU 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. (c) in paragraph 2— (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.”; (c) paragraphs 2, 3, 6 and 7 were omitted. (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) Annex 3 is to read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted. (...) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In regulation 3(2), for “the appropriate Community or domestic provisions” substitute “any relevant legislation”.

• (5) In regulation 4—

• (a) for the heading, substitute “ Existing legislation ”;

• (b) for “existing EU legislation and relevant national legislation” substitute “any other relevant legislation”.

• (6) In regulation 5—

• (a) after “apply to” insert “ vehicles approved as ”;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) In regulation 12(1), for “the requirements of Article 6 and Annex I of the Directive” substitute “the requirements set out in Annex 1 to the Directive, and the general requirements referred to in Article 13 of the Waste Directive”.

The Hazardous Waste (England and Wales) Regulations 2005

11

• (1) The Hazardous Waste (England and Wales) Regulations 2005 are amended as follows.

• (2) In regulation 2(1)—

• (a) in sub-paragraph (a), at the end insert “ , and as read in accordance with regulation 2A ”;

• (b) in sub-paragraph (b)(i), at the end insert “ , as read with Articles 5 and 6 of that Directive ”.

• (3) After regulation 2 insert—

(2A) (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 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 in respect of England. (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), for the words from “Directive 2006/21/EC ” to the end there substituted “ the Mining Waste Directive ”; (b) in paragraph 3, the words from “Without prejudice” to “Community legislation,” were omitted; (c) paragraph 4 were omitted. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) 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 for the purposes of this Article. (c) paragraphs 2 and 3 were omitted. (6) 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 retained direct EU 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 for the purposes of this Article. (c) in paragraph 2— (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 Agency”; (bb) the second sentence were omitted; (ii) in the second subparagraph— (aa) for “Member States” there were substituted “The Agency”; (bb) “by competent authorities” were omitted. (7) 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. (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.”; (c) paragraphs 2, 3, 6 and 7 were omitted. (8) Article 19 is to be read as if— (a) in paragraph 1, for “Community” there was substituted “ national ”; (b) in paragraph 2, for “a Member State” there were substituted “ England ”. (9) Annex 3 is to be read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted. (10) In paragraph (2), “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. (2B) (1) In regulation 2A(3)(a)(iii), “the Mining Waste Directive” means Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries, read in accordance with paragraphs (2) and (3). (2) Article 2 is to be read as if— (a) in paragraph 2(c), the reference to Article 11(3)(j) of Directive 2000/60/EC were a reference to that Article read in accordance with paragraph (7) of this regulation; (b) paragraphs 3 and 4 were omitted. (3) Article 3(1) is to be read as if, for “Article 1(a) of Directive 75/442/EEC” there were substituted “ Article 3(1) of the Waste Directive, as read with Articles 5 and 6 of that Directive ”. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) For the purposes of paragraph (2)(a), Article 11(3)(j) of Directive 2000/60/EC is to be read as if— (a) the reference to “Member States” were a reference to the appropriate authority; (b) in the words after the final indent, “environmental objectives”— (i) in relation to the Northumbria River Basin District, means the objectives referred to in the WFD Regulations as applied by regulation 5 of the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003 ; (ii) in relation to the Solway Tweed River Basin District, has the same meaning as in regulation 2 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 ; (iii) in relation to a river basin district within the meaning of the WFD Regulations, has the same meaning as in those Regulations. (8) In paragraph (7)(b), “the WFD Regulations” means the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 .

• (4) In regulation 5(1)—

• (a) after the definition of “the Agency” insert—

“appropriate authority” means the Secretary of State or the Agency;

• (b) after the definition of “hazardous waste” insert—

• “Landfill Directive” means Council Directive 1999/31/EC on the landfill of waste, as last amended by Directive (EU) 2018/850, and read as if—in Article 2—in point (a)—“‘waste’,” were omitted; andfor “Directive 2008/98/EC” there were substituted “the Waste Framework Directive”;after point (a) there were inserted—aa‘waste’ has the meaning given by regulation 2(1)(b) of the Hazardous Waste (England and Wales) Regulations 2005;;in Article 3—in paragraph (2), “Without prejudice to existing Community legislation,” were omitted;for paragraph (3) there were substituted—3The management of extractive waste, within the meaning given in regulation 2(1) of the Environmental Permitting Regulations, 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 those Regulations..

• (5) In regulation 8—

• (a) in paragraph (2)—

• (i) omit the words from “by the Welsh” to “may be,”;

• (ii) for “Article 7(2) of the Waste Directive” substitute “ paragraph (3) ”;

• (b) after paragraph (2) insert—

(3) For the purposes of paragraph (2), a specific batch of waste is determined to be hazardous— (a) in relation to Wales if— (i) of a type listed in regulations made under section 62A(2) of the 1990 Act; (ii) it is the subject of a determination by the Welsh Ministers under regulation 8 of the Hazardous Waste (Wales) Regulations 2005; (b) in relation to Northern Ireland, it is the subject of a determination by the Department of Agriculture, Environment and Rural Affairs under regulation 9 of the Hazardous Waste Regulations (Northern Ireland) 2005; (c) in relation to Scotland, it is the subject of a determination by the Scottish Ministers, because the Scottish Ministers consider that the waste displays one or more of the hazardous properties listed in Annex III.

• (6) In regulation 9—

• (a) in paragraph (2)—

• (i) omit the words from “by the Welsh” to “may be,”;

• (ii) for “Article 7(2) of the Waste Directive” substitute “ paragraph (3) ”;

• (b) after paragraph (2) insert—

(3) For the purposes of paragraph (2), a specific batch of waste is determined to be non-hazardous if it is the subject of a decision— (a) in relation to Wales, by the Welsh Ministers under regulation 9 of the Hazardous Waste (Wales) Regulations 2005; (b) in relation to Northern Ireland, by the Department of Agriculture, Environment and Rural Affairs under regulation 10 of the Hazardous Waste Regulations (Northern Ireland) 2005; (c) in relation to Scotland, by the Scottish Ministers that the Scottish Ministers consider that the waste displays none of the hazardous properties listed in Annex III.

• (7) In regulations 47(5B) and 48(6B), for “Council Directive 1999/31/EC on the landfill of waste , as last amended by Directive (EU) 2018/850” substitute “ the Landfill Directive ”.

• (8) In regulation 60(1), in the words before sub-paragraph (a), omit from “and” to “Directive”.

The Producer Responsibility Obligations (Packaging Waste) Regulations 2007

12

• (1) The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 are amended as follows.

• (2) In regulation 2—

• (a) in paragraph (1)—

• (i) in the definition of “the Packaging Waste Directive”, at the end insert “ , and as read in accordance with regulation 2A ”;

• (ii) in the definition of “the Waste Directive”, at the end insert “ , and as read in accordance with regulation 2B ”;

• (b) in paragraph (2)—

• (i) in the definition of “appropriate authority”, in paragraph (a), for “regulation 4(7)” substitute “regulations 2A, 2B and 4(7)”;

• (ii) after the definition of “financial year” insert—

“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; (c) in Wales— (i) a county council, or (ii) a county borough council; (d) in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

• (3) After regulation 2, insert—

(2A) (1) For the purposes of these Regulations, the Packaging 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. (3) Article 3 is to be read as if— (a) in paragraph 2, for “Article 3 of Directive 2008/98/EC” there were substituted “Article 3(1) of the Waste Directive, as read with Articles 5 and 6 of that Directive; (b) in paragraph 2c, for “Directive 2008/98/EC” there were substituted “the Waste Directive”. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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. (3) 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. (c) paragraphs 2 and 3 were omitted. (4) 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 retained direct EU 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. (c) in paragraph 2— (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.

• (4) In regulation 24—

• (a) in paragraph (3)(b)—

• (i) in paragraph (i)—

• (aa) for “European Union” substitute “United Kingdom”;

• (bb) for the words from “the requirements” to the end, substitute “any recovery or recycling operations taking place in each such site take place under conditions that are broadly equivalent to requirements applicable to reprocessing sites in the United Kingdom”;

• (ii) in paragraph (ii)—

• (aa) for “European Union” substitute “United Kingdom”;

• (bb) for “of Article 6(2) of that Directive” substitute “applicable to the shipment of waste from the United Kingdom”;

• (b) omit paragraph (8);

• (c) in paragraph (9)—

• (i) for “European Union” substitute “United Kingdom”;

• (ii) for “the requirements of Article 6(2) of the Packaging Waste Directive” substitute “requirements that are broadly equivalent to requirements applicable to reprocessing sites in the United Kingdom”.

• (4A) In regulation 26(2), for the words from the beginning to “Directive”, substitute “Where the appropriate Agency has granted an accreditation to an exporter, and is no longer satisfied that the requirements in regulation 24(3)(b) or (9), which applied to that grant of accreditation,”.

• (5) After Part 11 insert—

(43) (1) The Secretary of State must publish, in a manner the Secretary of State considers appropriate, a report on the magnitude, characteristics and evolution of the packaging and packaging waste flows (including information on the toxicity or danger of packaging materials and components used for their manufacture). (2) The first report under this regulation must be published before the end of the period of 3 years beginning with the day after that on which IP completion day falls. (3) Subsequent reports must be published at intervals not exceeding 3 years.

The Batteries and Accumulators (Placing on the Market) Regulations 2008

13

• (1) The Batteries and Accumulators (Placing on the Market) Regulations 2008 are amended as follows.

• (2) In regulation 2(1)—

• (a) in the definition of “appliance”, after “defined by” insert “ Article 3(1)(a) of ”;

• (b) for the definition of “placing on the market” substitute—

• “placing on the market”—except in relation to a person in Northern Ireland, means supplying or making available, whether in return for payment or free of charge, to a third party within the United Kingdom;in relation to a person in Northern Ireland, means supplying or making available, whether in return for payment or free of charge, to a third party within the United Kingdom or the European Economic Area, and includes import into the customs territory of the Union as defined in Article 4 of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, as that Regulation applies in EU law;

• (3) In regulation 3—

• (a) in paragraph (2)(a), for “the essential security interests of EEA states” substitute “essential security interests”;

• (b) after paragraph (2) insert—

(3) In paragraph (2)(a)— (a) as it applies in England and Wales and Scotland, “essential security interests” means the essential security interests of the United Kingdom; (b) as it applies in Northern Ireland, “essential security interests” means the essential security interests of the United Kingdom or EEA states.

• (4) In regulation 7—

• (a) in paragraph (3) (as amended by regulation 5(2)), at the end insert “ , and as read with Articles 5 and 6 of that Directive ”;

• (b) after paragraph (3) insert—

(4) For the purposes of paragraph (3), Directive 2008/98/EC is to be read in accordance with paragraphs (5) and (6). (5) 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. (c) paragraphs 2 and 3 were omitted. (6) 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 retained direct EU 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. (c) in paragraph 2— (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. (7) In paragraphs (5) and (6)— - “appropriate agency” means—in relation to England, the Environment Agency;in relation to Wales, the Natural Resources Body for Wales;in relation to Scotland, the Scottish Environment Protection Agency;in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs; - “appropriate authority” means—in relation to England, the Secretary of State;in relation to Wales, the Welsh Ministers;in relation to Scotland, the Scottish Ministers;in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.

The Waste Batteries and Accumulators Regulations 2009

14

• (1) The Waste Batteries and Accumulators Regulations 2009 are amended as follows.

• (2) In regulation 2—

• (a) in paragraph (1)—

• (i) in the definition of “appliance”, after “defined by” insert “ Article 3(1)(a) of ”;

• (ii) in the definition of “disposal”, as it extends to Scotland, for “Article 3” substitute “ Article 3(19) ”;

• (iii) in the definition of “producer”, omit the words from “(and distance communication” to the end;

• (iv) after the definition of “waste disposal authority” insert—

• “the Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Directive (EU) 2018/851, and as read in accordance with regulation 2A;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) omit paragraph (1A).

• (3) After regulation 2 insert—

(2A) (1) For the purposes of these Regulations, the Waste Framework Directive is to be read as follows. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) 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. (c) paragraphs 2 and 3 were omitted. (4) 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 retained direct EU 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. (c) in paragraph 2— (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. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) In paragraphs (2) and (3)— - “appropriate authority” means— 1. in relation to England, the Secretary of State, 2. in relation to Wales, the Welsh Ministers, 3. in relation to Scotland, the Scottish Ministers, 4. in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs; - “appropriate agency” means— 1. in relation to England, the Environment Agency, 2. in relation to Wales, the Natural Resources Body for Wales, 3. in relation to Scotland, the Scottish Environment Protection Agency, 4. in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs; - ...

• (3A) In regulation 6—

• (a) in paragraph (2)(a), for “the essential security interests of EEA states” substitute “essential security interests”;

• (b) after paragraph (2) insert—

(3) In paragraph (2)(a)— (a) as it applies in England and Wales and Scotland, “essential security interests” means the essential security interests of the United Kingdom; (b) as it applies in Northern Ireland, “essential security interests” means the essential security interests of the United Kingdom or EEA states.

• (4) In regulations 8(2) and 12(1), at the end insert “ excluding any portable batteries and accumulators that have left the United Kingdom before being sold to end users ”.

• (5) In regulation 13, after paragraph (1) insert—

(1A) For the purposes of paragraph (1), the total amount of portable batteries placed on the market for the first time in the United Kingdom does not include any portable batteries and accumulators that have left the United Kingdom before being sold to end users.

• (6) In regulation 16(5), at the end insert “ excluding any portable batteries and accumulators that have left the United Kingdom before being sold to end users ”.

• (7) In regulation 23, after paragraph (1) insert—

(1A) For the purposes of paragraph (1), the total amount of portable batteries placed on the market for the first time in the United Kingdom does not include any portable batteries and accumulators that have left the United Kingdom before being sold to end users.

• (8) In regulation 56(4) (as inserted by regulation 6(3)(b)), at the end insert “ , and as read in accordance with regulation 56A ”.

• (9) After regulation 56 insert—

(56A) (1) For the purposes of regulation 56(4), the Landfill Directive is to be read as follows. (2) Article 2 is to be read as if— (a) in point (a)— (i) “‘waste’,” were omitted; and (ii) for “Directive 2008/98/EC” there were substituted “the Waste Framework Directive”; (b) after point (a) there were inserted— (aa) ‘waste’ has the meaning given by Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive; (3) Article 3(2) is to be read as if “Without prejudice to existing Community legislation,” were omitted.

• (10) In regulation 70(3), in the definition of “collection rate”, at the end insert “ excluding any portable batteries and accumulators that have left the United Kingdom before being sold to end-users ”.

• (11) Omit regulation 72(c) (and the “and” immediately preceding it).

• (12) In regulation 81, after paragraph (1) insert—

(1A) For the purposes of paragraph (1), the total amount of portable batteries placed on the market for the first time in the United Kingdom does not include any portable batteries and accumulators that have left the United Kingdom before being sold to end users.

• (13) In Schedule 4, in paragraph 10(3)(a)(ii), for “EU legislation” substitute “retained EU law and, in relation to Northern Ireland, EU legislation which has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement”.

The Major Accident Off-site Emergency Plan (Management of Waste from Extractive Industries) (England and Wales) Regulations 2009

15

• (1) The Major Accident Off-site Emergency Plan (Management of Waste from Extractive Industries) (England and Wales) Regulations 2009 are amended as follows.

• (2) In regulation 2—

• (a) after the definition of “the 2016 Regulations” insert—

“appropriate agency” means— (a) in relation to England, the Environment Agency; (b) in relation to Wales, the Natural Resources Body for Wales; appropriate authority” means— (a) in relation to England, the Secretary of State; (b) in relation to Wales, the Welsh Ministers;

• (b) after the definition of “emergency services” insert—

“EU-derived domestic legislation” has the meaning given in section 2(2) of the European Union (Withdrawal) Act 2018;

• (c) after the definition of “health authority”

“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; (c) in Wales— (i) a county council, or (ii) a county borough council.

• (d) in the definition of “Mining Waste Directive”, at the end insert “ as read in accordance with regulation 2A. ”.

• (3) After regulation 2 insert—

(2A) (1) For the purposes of these Regulations, the Mining 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 in respect of England or Wales. (3) Article 2 is to be read as if— (a) in paragraph 2(c), the reference to Article 11(3)(j) of Directive 2000/60/EC were a reference to that Article read in accordance with regulation 2B; (b) paragraphs 3 and 4 were omitted. (4) Article 3 is to be read as if— (a) in point (1), for “Article 1(a) 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 ”; (b) in point (2), for “Article 1(4) of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste ” there were substituted “ Article 3(2) of the Waste Framework Directive ”; (c) in point (4), for the words from “the national law” to the end there were substituted “ national law ”; (d) 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 ”; (e) in point (18), for “Article 2(11) of Directive 96/61/EC” there were substituted “ Article 3(10) of the Industrial Emissions Directive ”; (f) in point (24), for the words from “the national law” to “takes place” there were substituted “ national law ”; (g) in point (26), for the words from “the national law” to “operates” there were substituted “ national law ”; (h) in point (27), for “which a Member State designates” there were substituted “ designated ”. (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 establishing a framework for Community action in the field of water policy in respect of England and Wales ”; (c) in paragraph 5, “national or Community” were omitted. (6) Article 6(2) is to be read as if 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), the reference to Directive 85/337/EEC were a reference to the EU-derived domestic legislation which transposed 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 ; (c) in paragraph 3(b), for “Article 7 of Directive 75/442/EEC” there were substituted “ Article 13 of the Waste Framework Directive ”; (d) in paragraph 4, the third indent were omitted; (e) in paragraph 5, “and Community” were omitted. (8) Article 10 is to be read as if paragraph 2 were omitted. (9) 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 in respect of England and Wales ”. (10) Article 12 is to be read as if— (a) in paragraph 4, “national or Community” were omitted; (b) in paragraph 5, for the words from “Community” to “2000/60/EC” there were substituted “ retained EU law, in particular the EU-derived domestic legislation which transposed Directive 2000/60/EC in respect of England and Wales ”. (11) 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 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 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 in respect of England and Wales ”; (d) in paragraph 5, in the second sentence— (i) for “Community” there were substituted “ retained EU law ”; (ii) for “Directive 2000/60/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2000/60/EC in respect of England and Wales ”. (12) Article 24(4) is to be read as if, in the first paragraph, in the second indent, “Community or” were omitted. (13) 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) 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures ”. (2B) (1) For the purposes of regulation 2A(3)(a), Article 11(3)(j) of Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy is to be read as if— (a) the reference to “Member States” were a reference to the appropriate authority or appropriate agency; (b) in the words after the final indent, “environmental objectives”— (i) in relation to the Northumbria River Basin District, means the objectives referred to in the WFD Regulations as applied by regulation 5 of the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003; (ii) in relation to the Solway Tweed River Basin District, has the same meaning as in regulation 2 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004; (iii) in relation to a river basin district within the meaning of the WFD Regulations, has the same meaning as in those Regulations. (2) In paragraph 1(b), “the WFD Regulations” means the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017. (2C) (1) In these Regulations, the “Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Directive (EU) 2018/851, and 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 in respect of England or Wales. (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 substitute “ 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), 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; (c) paragraph 4 were omitted. (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. (c) paragraphs 2 and 3 were omitted. (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 retained direct EU 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. (c) in paragraph 2— (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 or in Wales (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.”; (c) paragraphs 2, 3, 6 and 7 were omitted. (7) Annex 3 is to be read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted. (2D) (1) In regulation 2A(4)(e), the “Industrial Emissions Directive means Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions, read in accordance with paragraphs 2 and 3. (2) Article 3 is to be read as if— (a) in point (1)(a), for the words from “Article 1” to the end there were substituted “ Article 4(78) of Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation ”; (b) in point (10)(b), for “Member State in question” there were substituted “ United Kingdom ”; (c) in point (23), for the words from “point 1” 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 ”; (d) in point (37), for “Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste” there were substituted “ the Waste Framework Directive, as read with Articles 5 and 6 of that Directive ”; (e) in point (38), for “Directive 2008/98/EC” there were substituted “ the Waste Framework Directive ”. (3) 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 ”; (c) in point 5.4, the reference to Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste were a reference to the Landfill Directive; (d) in point 6.9, for “Directive 2009/31/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2009/31/EC in respect of 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 ”. (4) In paragraph (3)(c), “the Landfill Directive” means Council Directive 1999/31/EC on the landfill of waste, as last amended by Directive (EU) 2018/850, and read as if, in Article 2— (a) in point (a)— (i) “‘waste’,” were omitted; and (ii) for “Directive 2008/98/EC” there were substituted “the Waste Framework Directive”; (b) after point (a) there were inserted— (aa) “waste” means anything that— (i) is waste within the meaning of Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive, and (ii) is not excluded from the scope of that Directive by Article 2(1), (2) or (3) of that Directive;

• (4) Omit regulation 8(2) and (3).

The Waste (England and Wales) Regulations 2011

16

• (1) The Waste (England and Wales) Regulations 2011 are amended as follows.

• (2) In regulation 3(1)—

• (a) after the definition of “controlled waste” insert—

“EU-derived domestic legislation” has the meaning given by section 2(2) of the European Union (Withdrawal) Act 2018;

• (b) after the definition of “hazardous waste” insert—

“Industrial Emissions Directive” means Directive 2010/75/EC of the European Parliament and of the Council on industrial emissions (integrated pollution prevention control), read in accordance with regulation 3A; “Landfill Directive” means Council Directive 1999/31/EC on the landfill of waste, as last amended by Directive (EU) 2018/850, read in accordance with regulation 3B; “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; (c) in Wales— (i) a county council, or (ii) a county borough council; “Mining Waste Directive” means Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries, read in accordance with regulation 3C;

• (c) in the definition of “Waste Framework Directive”, at the end insert “ and as read in accordance with regulation 3D ”.

• (3) After regulation 3, insert—