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SCHEDULE 13Provision in relation to waste incineration

Exercise of relevant functions

4.—(1) The regulator must exercise its relevant functions so as to ensure compliance with the following provisions of the Waste Incineration Directive—

(a)Article 4(3) to 4(5);

(b)Article 5;

(c)Article 6, except the last indent of 6(4);

(d)Article 7(1) to 7(4);

(e)Article 8(1) to 8(7);

(f)Article 9;

(g)Article 10;

(h)Article 11, except for 11(1) and 11(13);

(i)Article 12(2), to the extent that it relates to the provision of annual reports by the operator;

(j)Article 13.

(2) But when interpreting the Waste Incineration Directive for the purposes of this paragraph—

(a)in Article 6(4), ignore the words “Member States may lay down rules governing these authorisations” in both places they occur;

(b)in Article 11(1), ignore the words “either” and “or by general binding rules”;

(c)Article 11(2)(c) must be read as if the words “and dioxin-like polychlorinated biphenyls and poly-cyclic aromatic hydrocarbons” appeared after the word “furans”; and

(d)Annex V must be read as if every reference to an exemption which “may” be authorised by the competent authority was to an exemption which “must” be authorised by the competent authority.