The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

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

• (c) in point (d)—

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

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

• (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; and;

• (iii) for the words “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, Schedule 3 of the Waste and Contaminated Land (Northern Ireland) Order 1997, 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 assimilated law which transposed Directive 2011/92/EU in respect of Northern Ireland; and

• (ii) the reference to Article 5 of Directive 85/337/EEC were a reference to the assimilated law which transposed Article 5 of Directive 2011/92/EU in respect of Northern Ireland;

• (b) in the second subparagraph, “and Community” was 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; and

• (ii) in point (iv)—

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

• (bb) the third sentence were omitted;

• (b) in point (b), for “Article 7 of Directive 75/442/EEC” there were substituted “ regulation 8 of the Waste Regulations (Northern Ireland) 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 “Council Directive 90/313/EEC of 7 June 1990 on the freedom of access to information on the 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 ”; and

• (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” was 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 16 July 2007 ”;

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

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

• (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 16 July 2000 ”; and

• (ii) in point (ii), for “within three years after the date laid down in Article 18(1)” there were substituted “ by 16 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 from “Directive 80/68/EEC” to “competent authority” there were substituted “ the Water Framework Directive, as transposed by the Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2017 , the Department ”; and

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

• (16) Annex 2 is to be read as if—

• (a) Section 1 were omitted;

• (b) in Section 2, in the second paragraph, the third 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 ”; and

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

• (17) Annex 3 is to be read as if––

• (a) in Section 2, in the second paragraph, in the table, in the first column, for the words “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” in Northern Ireland means a district council within the meaning of section 1 of the Local Government Act (Northern Ireland) 1972 .

Modification of the Medium Combustion Plant Directive

10

• (1) For the purposes of these Regulations and the legislation specified in regulation 5, 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 these Regulations has the meaning given in these Regulations;

• (b) “permit” has the same meaning as in the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;

• (c) the competent authority is the Department;

• (d) “general binding rule” means a standard rule published by the Department; and

• (e) 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 ”; and

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

• (4) Article 3 is to be read as if—

• (a) for point (1) there were substituted—

(1) ‘emission’ has the meaning given in regulation 2(1) of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;

• (b) for point (5) there were substituted—

(5) ‘combustion plant’ has the meaning given in regulation 2(1) of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;

• (c) for point (17) there were substituted—

(17) ‘waste’ has the meaning given in regulation 1(3) of the Waste Management Licensing Regulations (Northern Ireland) 2003;

• (5) Article 5 is to be read as if—

• (a) in paragraphs 1 and 2, for “Member States” there were substituted “ The Department ”; and

• (b) in paragraph 6, for “Member States” there were substituted “ the Department ”.

• (6) Article 6 is to be read as if—

• (a) in paragraph 1—

• (i) in the first subparagraph, the words from “Without” to “applicable,” were omitted; and

• (ii) the second subparagraph were omitted;

• (b) in paragraphs 3 and 8 for “Member States” each time it occurs there were substituted “ The Department ”; and

• (c) in paragraphs 11 and 12 the second subparagraphs were omitted.

• (7) Article 7 is to be read as if—

• (a) in paragraph 1, for “Member States” there were substituted “ The Department ”;

• (b) in paragraph 5(c), for “Article 6(8)” there were substituted “paragraph 8(1) of Schedule 9A to the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013; and

• (c) in paragraph 7—

• (i) for “Member States” there were substituted “ The Department ”; and

• (ii) in the first sentence, for “Article 8” there were substituted “ Article 8(2) and (3) ”.

• (8) Article 8 is to be read as if—

• (a) in paragraphs 1 and 2, for “Member States” there were substituted “ The Department ”; and

• (b) in paragraph 3, in the first subparagraph, for “Member States” there were substituted “ the Department ”.

• (9) Article 9 is to be read as if in the first paragraph, for “Member States” there were substituted “ The Department ”.

• (10) Annex I is to be read as if, in point 7, for “Article 6(8)” there were substituted “paragraph 8(1) of Schedule 9A to the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013.

• (11) In Annex III—

• (a) Part 1 is to be read as if—

• (i) in point 2, for “Article 6(8)” in each place it occurs there were substituted “paragraph 8(1) of Schedule 9A to the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013; and

• (ii) in point 6, for “Member States” there were substituted “ the Department ”.

• (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 9A to the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013 ”.

Modification of the Waste Framework Directive

11

• (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 and the legislation specified in regulation 5—

• (a) a “permit” or exemption from waste management licensing means a waste management licence under Article 6 of the Waste and Contaminated Land (Northern Ireland) Order 1997, a licence or exemption from waste management licensing under the Waste Management Licensing Regulations (Northern Ireland) 2003, a resolution or a licence under Part II of the Food and Environment Protection Act 1985, a licence under Part 4 of the Marine and Coastal Access Act 2009, a consent under Schedule 1 to the Water (Northern Ireland) Order 1999 or a permit under Part 2 of the Pollution, Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;

• (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, or local authority which, immediately before IP completion day, was responsible for Northern Ireland’s compliance with that obligation or able to exercise that discretion so far as it related to Northern Ireland;

• (c) the appropriate authority is the Northern Ireland department which, immediately before IP completion day, was responsible for compliance with that obligation or exercise of that discretion in Northern Ireland; and

• (d) “local authority” in Northern Ireland means a district council within the meaning of section 1 of the Local Government Act (Northern Ireland) 1972.

• (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 ”; and

• (ii) 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, the words “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.

• (7) Article 6 is to be read as if—

• (a) in paragraph 1, the words “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 for the purposes of this Article.

• (c) in paragraph 2—

• (i) the first sub-paragraph were omitted;

• (ii) in the second sub-paragraph, for the words “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;

• (iii) the third and fourth sub-paragraphs were omitted;

• (d) paragraph 3 were omitted;

• (e) in paragraph 4––

• (i) in the first sub-paragraph––

• (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 authority”;

• (bb) the second sentence were omitted;

• (ii) in the second sub-paragraph––

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

• (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 applies in Northern Ireland.

• (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.

• (9) Article 11(5) were omitted.

• (10) Article 16 is to be read as if—

• (a) for paragraph 1 there were substituted—

(1) The United Kingdom shall take appropriate measures to establish an integrated and adequate network of waste disposal installations and of installations for the recovery of mixed municipal waste collected from private households, including where such collections also covers such waste from other producers.

• (b) in paragraph 2—

• (i) for “Community as a whole to become” there were substituted “United Kingdom as a whole to move towards the aim of becoming”; and

• (ii) the words “and to enable Member States to move towards that aim individually,” were omitted.

• (11) In Article 19—

• (a) paragraph 1 is to be read as if, for “a Member State” there were substituted “ the United Kingdom ”; and

• (b) paragraph 2 is to be read as if, for “a Member State” there were substituted “ the United Kingdom ”.

• (11A) Article 35(1) is to be read as if, for the second paragraph, there were substituted—

They shall make that data available to the appropriate authority through any electronic registry established for the reporting of such data or, if no such registry is in operation, in such form and manner as the appropriate authority may specify.

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

• (13) Annex 4a is to be read as if, in point 6, “including through Union funds” were omitted.

Modification of the WEEE Directive

12

• (1) For the purposes of these Regulations and the legislation specified in regulation 5, the WEEE Directive is to be read in accordance with this paragraph.

• (2) Any 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 Northern Ireland.

• (3) Article 2 is to be read as if—

• (a) paragraph 2 were omitted;

• (b) in paragraph 3(a), for “Member States” there was substituted “ the United Kingdom ”; and

• (c) paragraph 5 were omitted.

• (4) Article 3 is to be read as if—

• (a) in paragraph 1—

• (i) after point (a) there were inserted—

(aa) ‘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; (ab) ‘hazardous waste’ has the meaning given by regulation 2(1) of the Hazardous Waste Regulations (Northern Ireland) 2005;

• (ii) in point (e), “within the meaning of Article 3(1) of Directive 2008/98/EC” were omitted;

• (iii) in point (f)—

• (aa) in the words before point (i), for the words from “distance communication” to the end, there were substituted “ by means of distance communication ”;

• (bb) points (i) and (ii) are to be read as if for “a Member State” and for “the territory of that Member State” there were substituted “ the United Kingdom ”;

• (cc) for point (iii) there were substituted—

(iii) is established in the United Kingdom and places on the market, on a professional basis, EEE from another country;

• (dd) the first subparagraph of point (iv) is to be read as if for “a Member State” there were substituted “ the United Kingdom ”;

• (ee) the first subparagraph of point (iv) is to be read as if for “Member State or in a third” were omitted;

• (iv) in point (j), for “a Member State” there was substituted “ the United Kingdom ”;

• (v) in point (k), for “territory of a Member State” there was substituted “ United Kingdom ”;

• (vi) for points (m) to (o) there were substituted—

(m) ‘medical device’ means a medical device within the meaning of regulation 2(1) of the Medical Devices Regulations 2002 which is EEE; (n) ‘in vitro diagnostic medical device’ means an in vitro diagnostic medical device within the meaning of regulation 2(1) of the Medical Devices Regulations 2002 which is EEE; (o) ‘active implantable medical device’ means an active implantable medical device within the meaning of regulation 2(1) of the Medical Devices Regulations 2002 which is EEE.

• (b) after paragraph 1 there were inserted—

(1A) In paragraph 1(f), “means of distance communication” has the meaning given by regulation 3(1) of the Consumer Protection (Distance Selling) Regulations 2000 .

• (c) in paragraph 2—

• (i) “ ‘hazardous waste’,” were omitted; and

• (ii) for “Directive 2008/98/EC” there were substituted “ the Waste Framework Directive ”.

• (5) Article 8(5) is to be read as if the second, third, fourth and fifth subparagraphs were omitted.

• (6) Article 9 is to be read as if—

• (a) in paragraph 3, the following were omitted—

• (i) “or the registration referred to in paragraphs 1 and 2”; and

• (ii) the words from “and for the” to the end;

• (7) Annex 7 is to be read as if, in paragraph 1—

• (a) in the first subparagraph—

• (i) in the first indent, for the words from “Council Directive 96/59/EC ” to the end there were substituted “ the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) Regulations (Northern Ireland) 2000 ”;

• (ii) in the thirteenth indent, for the words from “Commission Directive 97/69/EC ” to the end 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 ”; and

• (iii) in the fourteenth indent, for the words from “Article 3” to the end there were substituted “ Annex 7 to the Basic Safety Standards Directive ”;

• (b) in the second subparagraph, for “Directive 2008/98/EC” there were substituted “ the Waste Framework Directive ”.

• (8) Annex 8 is to be read as if, in paragraph 1, in the words before the first indent, the words from “(without prejudice” to “landfill of waste)” were omitted.

• (9) In sub-paragraph (2), “local authority” in Northern Ireland means a district council within the meaning of section 1 of the Local Government Act (Northern Ireland) 1972.

• (10) In sub-paragraph (4)(a)(iii)(aa), “by means of distance communication” has the meaning given by regulation 3(1) of the Consumer Protection (Distance Selling) Regulations 2000.”

Signed

Thérèse Coffey — Parliamentary Under Secretary of State — 2019-02-15

Explanatory note

(This note is not part of the Regulation)

Footnotes

Editorial notes