The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020

(5A) Article 3 is to be read as if— (a) in paragraph 2, “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— (a) in relation to England and Wales, 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 (“the 2016 Regulations”); (b) in relation to Northern Ireland, where it falls within the scope of the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015[^f00025] (“the 2015 Regulations”). In this paragraph, “extractive waste”— (a) in relation to England and Wales, has the meaning given in regulation 2(1) of the 2016 Regulations; (b) in relation to Northern Ireland, has the meaning given in regulation 2(2) of the 2015 Regulations.

• (v) in paragraph 6, at the end insert—

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

• (vi) after paragraph 6, insert—

(6A) Article 6(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 retained EU law relating to the increase of preparing for re-use and recycling”.

• (vii) omit paragraphs 10(b), 11(d) and 12(a)(i);

• (b) in paragraph (2), in the inserted Article A2—

• (i) in paragraph 1, for “Council Regulation (EU) 2017/997” substitute “Directive (EU) 2018/851”;

• (ii) in paragraph 2, for “exit day” substitute “IP completion day”;

• (iii) for paragraphs 4, 5 and 6, substitute—

(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 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.

• (c) for paragraph (7)(d)(v) substitute—

(v) in section 2.2.1, in the first paragraph— (aa) for “Article 2(b) of the Landfill Directive” substitute “Article 3(2b) of the Waste Framework Directive”; (bb) for “the European waste list” substitute “Commission Decision 2000/532/EC”;

• (12) In regulation 16—

• (a) in paragraph (2), in the inserted Article 1A—

• (i) in paragraph 1, for “Directive (EU) 2015/720” substitute “Directive (EU) 2018/852[^f00026]”;

• (ii) for paragraph 2 substitute—

(2) Article 3 is to be read as if, in paragraph 2, for “Article 3 of Directive 2008/98/EC” there were substituted “Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive”.

• (iii) in paragraph 4—

• (aa) for “2(b)” substitute “2”;

• (bb) for “Council Regulation (EU) 2017/997” substitute “Directive (EU) 2018/851”;

• (iv) for paragraphs 5, 6 and 7 substitute—

(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 this Article— “appropriate agency” means— (a) in relation to England, the Environment Agency; (b) in regulation to Wales, the Natural Resources Body for Wales; (c) in relation to Scotland, the Scottish Environment Protection Agency; “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.

• (b) in paragraph (6)(c), in the inserted paragraph 2, for “exit day” substitute “IP completion day”.

• (13) In regulation 17—

• (a) in paragraph (2)(b), for the inserted paragraph 3(a) substitute—

(a) in so far as it extends to England and Wales— (i) “financial guarantee” means the financial guarantee referred to in Article 14 of Directive 2006/21/EC, as it applies by virtue of paragraph 7(j) of Schedule 20 to the Environmental Permitting (England and Wales) Regulations 2016 (“the 2016 Regulations”); (ii) “rehabilitation” has the meaning given in Article 3(20) of Directive 2006/21/EC, and for the purposes of that definition “waste facility” has the meaning given in paragraph (iv); (iii) “treatment” has the meaning given in Article 3(8) of Directive 2006/21/EC, and for the purposes of that definition “waste” has the meaning given in paragraph (b) of the definition of “waste” in regulation 2(1) of the 2016 Regulations; (iv) “waste facility” has the meaning given to “mining waste facility” in paragraph 2(1) of Schedule 20 to the 2016 Regulations;

• (b) omit paragraph (3).

• (14) In regulation 18(2)—

• (a) in the inserted Article A2, in paragraph 2, for “exit day” substitute “IP completion day”;

• (b) in the inserted Article A3—

• (i) in paragraph 1, for “Council Regulation (EU) 2017/997” substitute “Directive (EU) 2018/851”;

• (ii) in paragraph 2, for “exit day” substitute “IP completion day”;

• (iii) for paragraph 3, 4 and 5 substitute—

(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) 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.

• (15) In regulation 19(3)—

• (a) in the inserted Article 1A, in paragraph 2, for “exit day” substitute “IP completion day”;

• (b) in the inserted Article 1B—

• (i) in paragraph 1, for “Council Regulation (EU) 2017/997” substitute “Directive (EU) 2018/851”;

• (ii) in paragraph 2, for “exit day” substitute “IP completion day”;

• (iii) for paragraphs 3, 4 and 5 substitute—

(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) 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.

• (iv) in paragraph 7, for “paragraph 2” substitute “this Article”.

• (16) In regulation 20(2), in the inserted Article A1—

• (a) in paragraph 3, for “Council Regulation (EU) 2017/997” substitute “Directive (EU) 2018/851”;

• (b) in paragraph 4, for “exit day” substitute “IP completion day”;

• (c) for paragraphs 5, 6 and 7 substitute—

(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) 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.

• (d) in paragraph 9, for “paragraph 4” substitute “this Article”.

• (17) In regulation 21(3), in the inserted Article 1A—

• (a) in paragraph 1, for “Council Regulation (EU) 2017/997” substitute “Directive (EU) 2018/851”;

• (b) in paragraph 2, for “exit day” substitute “IP completion day;

• (c) after paragraph 2 insert—

(2A) Article 3 is to be read as if points 2b, 2c, 15a and 17a were omitted.

• (d) for paragraphs 3 to 6 substitute—

(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) 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. (6) Article 11(2) is to be read as if— (a) in the words before point (a), for “European” there were substituted “United Kingdom”; (b) points (c) to (e) were omitted.

• (e) in paragraph 8, for “paragraph 2” substitute “this Article”.

The Environment and Rural Affairs (Amendment) (EU Exit) Regulations 2019

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• (1) The Environment and Rural Affairs (Amendment) (EU Exit) Regulations 2019[^f00027] are amended as follows.

• (2) In regulation 4(3), for “regulations 13(3) and” substitute “regulation”.

• (3) Omit regulation 5.

PART 5 — Amendment and revocation of retained direct EU legislation

Commission Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste

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• (1) Commission Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste is amended as follows.

• (2) Omit Articles 4, 5 and 6.

• (3) In the Annex, in the “Definitions” section, before point 1 insert—

(A1) ‘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 as if, in Annex 3, in entry HP 9, in the second sentence, “in the Member States” were omitted; (A2) ‘waste’, ‘hazardous waste’ and ‘non-hazardous waste’ have the meanings given in the Waste Framework Directive;

• (4) In the Annex, in the “Assessment and Classification” section—

• (a) for “Directive 2008/98/EC”, in each place that it occurs, substitute “the Waste Framework Directive”;

• (b) in paragraph 2 (classification of waste as hazardous)—

• (i) in the first subparagraph, for the words from “pursuant” to the end, substitute “for the purposes of any legislation relating to hazardous waste”;

• (ii) after that subparagraph, insert—

This is subject to any legislation which provides, or gives a person power to determine, that— (a) waste of a kind which is listed as hazardous waste in the list of wastes is to be treated as non-hazardous waste in particular cases or circumstances (including in the case of a particular batch or consignment of waste); or (b) waste of a kind which is listed as non-hazardous waste in the list of wastes is to be treated as hazardous waste in particular cases or circumstances (including in the case of a particular batch or consignment of waste).

• (iii) in the second subparagraph (commencing “For those wastes”), in the first indent, in the second sentence, omit “in the Member States”.

Commission Implementing Decision (EU) 2020/248 laying down technical guidelines for inspections in accordance with Article 17 of Directive 2006/21/EC of the European Parliament and of the Council

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• (1) Commission Implementing Decision (EU) 2020/248 laying down technical guidelines for inspections in accordance with Article 17 of Directive 2006/21/EC of the European Parliament and of the Council is amended as follows.

• (2) In Article 1—

• (a) the existing text is numbered paragraph 1;

• (b) in paragraph 1, for “waste facilities in accordance with Article 17 of Directive 2006/21/EC” substitute “mining waste facilities”;

• (c) after paragraph 1 insert—

(2) In this Decision— - “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[^f00028], read with the modifications in Article 1A; - “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; - “Category A facility” or “Category A waste facility” means a mining waste facility classified as Category A in accordance with the criteria in Annex 3 to the Mining Waste Directive; - “competent authority” means an authority responsible for carrying out inspections of mining waste facilities under the inspection provisions; - “the inspection provisions” means the provisions of the relevant mining waste legislation which, immediately before IP completion day, implemented Article 17 of the Mining Waste Directive; - “mining waste facility” or “waste facility”— in relation to England and Wales, has the meaning given to “mining waste facility” by paragraph 2(1) of Schedule 20 to the Environmental Permitting (England and Wales) Regulations 2016; in relation to Scotland, has the meaning given to “waste facility” by regulation 2(1) of the Management of Extractive Waste (Scotland) Regulations 2010[^f00029]; in relation to Northern Ireland, has the meaning given to “waste facility” by regulation 2(2) of the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015[^f00030]; - “the relevant mining waste legislation” means— in relation to England and Wales, Schedule 20 to the Environmental Permitting (England and Wales) Regulations 2016; in relation to Scotland, the Management of Extractive Waste (Scotland) Regulations 2010; in relation to Northern Ireland, the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015; - “waste management plan” has the meaning given in the relevant mining waste legislation. (3) Other expressions used in this Decision which are defined in the Mining Waste Directive have the meanings given in that Directive.

• (3) After Article 1 insert—

(1) For the purposes of Article 1(2) and (3), the Mining Waste Directive is to be read with the modifications in paragraphs 2 and 3. (2) 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 (24), the words from “in accordance” to “takes place,” were omitted; (d) point (27) were omitted. (3) 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”. (1) For the purposes of Article 1A, “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 with the modifications in paragraphs 2 to 4. (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) 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 (5) Annex 3 is to be read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted.

• (4) Omit Article 2.

• (5) In Part A of the Annex, in the first paragraph—

• (a) for “waste facilities covered by Article 7 of Directive 2006/21/EC” substitute “mining waste facilities;

• (b) for “Article 17 of that Directive” substitute “the inspection provisions”.

• (6) In Part B of the Annex, in the first paragraph, for “waste facilities covered by Article 7 of Directive 2006/21/EC” substitute “mining waste facilities”.

• (7) In Part C of the Annex—

• (a) in paragraph 1, in the first sub-paragraph—

• (i) in point (a)—

• (aa) for “the entire territory of the Member State” substitute “each part of the United Kingdom”;

• (bb) for “waste facilities covered by Article 7 of Directive 2006/21/EC” substitute “mining waste facilities”;

• (ii) in point (e)—

• (aa) omit “national or Union”;

• (bb) for “facilities covered by Article 7 of Directive 2006/21/EC” substitute “mining waste facilities”;

• (iii) in point (h), for “Article 17 of Directive 2006/21/EC” substitute “the inspection provisions”;

• (b) in paragraph 2.1—

• (i) in point (c), for “waste facility under Article 7 of Directive 2006/21/EC” substitute “mining waste facility”;

• (ii) in point (d)(iv), for “waste facilities covered by Article 7 of Directive 2006/21/EC” substitute “mining waste facilities”;

• (iii) in point (d)(viii)—

• (aa) omit “national or Union”;

• (bb) for “the waste facilities covered by Article 7 of Directive 2006/21/EC” substitute “mining waste facilities”;

• (c) in paragraph 2.2, in point (d), omit “Union”;

• (d) in paragraph 2.3—

• (i) in point (a), omit “according to Article 11(3) or Article 12(6) of Directive 2006/21/EC”

• (ii) in point (b), omit “Union”;

• (e) in paragraph 3.1, in point (f), for “Directive 2003/4/EC of the European Parliament and of the Council” substitute “the Environmental Information Regulations 2004[^f00031] or the Environmental Information (Scotland) Regulations 2004[^f00032]”.

• (8) In Part D of the Annex—

• (a) in paragraph 1—

• (i) in point (f), for “referred to in Article 5(3)(f) of Directive 2006/21/EC” substitute “contained in the waste management plan for the waste facility”;

• (ii) in point (h), for “set out in Directive 2006/21/EC” substitute “under the relevant mining waste legislation”;

• (b) in paragraph 2—

• (i) in point (l), for “referred to in Article 5(3)(f) of Directive 2006/21/EC” substitute “contained in the waste management plan for the waste facility”;

• (ii) in point (o), for “set out in Directive 2006/21/EC” substitute “under the relevant mining waste legislation”;

• (c) in paragraph 3—

• (i) in the heading, omit “in accordance with Article 12(3) of Directive 2006/21/EC”;

• (ii) in point (b), for “referred to in Article 5(3)(f) of Directive 2006/21/EC” substitute “contained in the waste management plan for the waste facility”;

• (iii) in point (g), for “set out in Directive 2006/21/EC” substitute “under the relevant mining waste legislation”;

• (d) in paragraph 4—

• (i) in point (d), for “referred to in Article 5(3)(f) of Directive 2006/21/EC” substitute “contained in the waste management plan for the waste facility”;

• (ii) in point (e), omit “referred to in Article 5(3)(f) of Directive 2006/21/EC”;

• (iii) in point (j), for “set out in Directive 2006/21/EC” substitute “under the relevant mining waste legislation”.

Revocations

18

The instruments listed in the Schedule are revoked.

SCHEDULE — Revocations

1

Commission Implementing Regulation (EU) 2017/699 establishing a common methodology for the calculation of the weight of electrical and electronic equipment (EEE) placed on the market of each Member State and a common methodology for the calculation of the quantity of waste electrical and electronic equipment (WEEE) generated by weight in each Member State.

2

Commission Implementing Decision (EU) 2018/896 laying down the methodology for the calculation of the annual consumption of lightweight plastic carrier bags and amending Decision 2005/270/EC.

3

Commission Decision (EU) 2018/1702 establishing the EU Ecolabel criteria for lubricants.

4

Commission Implementing Regulation (EU) 2019/290 establishing the format for registration and reporting of producers of electrical and electronic equipment to the register.

5

Commission Decision (EU) 2019/418 amending Decisions (EU) 2017/1214, (EU) 2017/1215, (EU) 2017/1216, (EU) 2017/1217, (EU) 2017/1218 and (EU) 2017/1219.

6

Commission Implementing Decision (EU) 2019/665 amending Decision 2005/270/EC establishing the formats relating to the database system pursuant to European Parliament and Council Directive 94/62/EC on packaging and packaging waste.

7

Commission Implementing Decision (EU) 2019/1004 laying down rules for the calculation, verification and reporting of data on waste in accordance with Directive 2008/98/EC on the European Parliament and of the Council and repealing Commission Implementing Decision C(2012) 2384.

8

Commission Decision (EU) 2019/1134 amending Decision 2009/300/EC and Decision (EU) 2015/2099, as regards the period of validity of the ecological criteria for the award of the EU Ecolabel to certain products, and of the related assessment and verification requirements.

9

Commission Delegated Decision (EU) 2019/1597 supplementing Directive 2008/98/EC of the European Parliament and of the Council as regards a common methodology and minimum quantity requirements for the uniform measurement of levels of food waste.

10

Commission Implementing Decision (EU) 2019/1885 laying down rules for the calculation, verification and reporting of data on landfill of municipal waste in accordance with Council Directive 1999/31/EC and repealing Commission Decision 2000/738/EC.

11

Commission Implementing Decision (EU) 2019/2000 laying down a format for reporting of data on food waste and for submission of the quality check report in accordance with Directive 2008/98/EC of the European Parliament and of the Council.

12

Commission Implementing Decision (EU) 2019/2193 laying down rules for the calculation, verification and reporting of data and establishing data formats for the purposes of Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE).

13

Commission Decision (EU) 2020/503 amending Decision 2014/312/EU in order to extend the derogation of zinc oxide to allow its use as a preservative stabilizer to cover ‘in-can preservation’ and preservation of ‘tinting pastes’.

14

Commission Decision (EU) 2020/519 on the sectoral reference document on best environmental management practices, sector environmental performance indicators and benchmarks of excellence for the waste management sector under Regulation (EC) No 1221/2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS).

Signed

Rebecca Pow — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 16th December 2020

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations are made in exercise of powers in section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) (“the 2018 Act”) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (b), (d), (f) and (g)) arising from the withdrawal of the United Kingdom from the European Union, and under section 8C(1) of the 2018 Act to make provision to implement the Protocol on Ireland/Northern Ireland in the EU Withdrawal Agreement.

Part 2 provides for a legislative function of the European Commission under Directive 2008/98/EC of the European Parliament and of the Council on waste to be exercisable instead by public authorities in the United Kingdom.

Part 3 amends primary legislation and Part 4 amends subordinate legislation, including previous instruments made under section 8(1) of the 2018 Act. The amendments relate principally to waste and environmental permitting, and in a few cases to other aspects of the environment.

Part 5 amends or revokes retained EU tertiary legislation relating to resources and waste.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

Footnotes

[^f00001]: 2018 c. 16, amended by the European Union (Withdrawal Agreement) Act 2020 (c. 1).

[^f00002]: S.I. 2019/1078. Regulation 1 states that those Regulations come into force immediately before exit day. By virtue of Schedule 5, paragraph 1(1) of the European Union (Withdrawal Agreement) Act 2020 (c. 1) they instead come into force immediately before IP completion day.

[^f00003]: OJ No L 312, 22.11.2008, p. 3.

[^f00004]: OJ No L 150, 14.6.2018, p. 109.

[^f00005]: EUDN 2000/532.

[^f00006]: 2010 asp 10.

[^f00007]: S.I. 1979/1573 (N.I. 12).

[^f00008]: 1954 c. 33 (N.I.). Section 41(6) was amended by S.I. 1999/663.

[^f00009]: 1990 c. 43. Section 62A was inserted by S.I. 2005/894 for England and Wales, and amended by S.I. 2011/988, 2015/1360 and 2019/620.

[^f00010]: S.I. 2005/894, to which relevant amendments were made by S.I. 2011/988.

[^f00011]: S.I. 2011/409, to which relevant amendments were made by S.I. 2016/738, 2018/942 and 2020/904.

[^f00012]: S.I 2019/39, amended by S.I. 2019/559 and 2019/1078.

[^f00013]: S.I. 2016/1154; relevant amending instruments are S.I. 2018/575, 2018/721 and 2020/904. In regulation 2(1), the definition of “waste” is prospectively amended from IP completion day by S.I. 2019/39.

[^f00014]: S.I. 2011/988, to which relevant amendments are made by S.I. 2020/904.

[^f00015]: S.I. 2019/188, amended by S.I. 2019/1078.

[^f00016]: OJ L 182, 16.7.1999, p. 1.

[^f00017]: S.I. 2005/894; relevant amendments were made by S.I. 2011/988.

[^f00018]: OJ L 269, 10.10.2013, p. 1.

[^f00019]: S.I. 2019/458, to which there are amendments not relevant to these Regulations.

[^f00020]: S.I. 2019/559.

[^f00021]: S.I. 2019/620, amended by S.I. 2019/1078.

[^f00022]: 1990 c. 43. Section 75A was inserted by S.I. 2019/620, and amended by S.I. 2020/904.

[^f00023]: 2003 c. 33. Section 37 was amended by S.I. 2011/988 (as it extends to England and Wales), S.S.I. 2011/226 (as it extends to Scotland), S.I. 2019/620 and S.I. 2020/904.

[^f00024]: S.I. 2008/2164, to which relevant amendments were made by S.I. 2015/63 and 2019/188.

[^f00025]: S.R. 2015 No. 85.

[^f00026]: OJ L 150, 14.6.2018, p. 141.

[^f00027]: S.I. 2019/1078.

[^f00028]: OJ L 102, 11.4.2006, p. 15.

[^f00029]: S.S.I. 2010/60, to which there are amendments not relevant to these Regulations.

[^f00030]: S.R. 2015 No. 85, to which there are amendments not relevant to these Regulations.

[^f00031]: S.I. 2004/3391.

[^f00032]: S.S.I. 2004/520, amended by S.S.I. 2013/127.