The Waste (Amendment) Regulations (Northern Ireland) 2016

Amendment to the Waste Management Licensing Regulations (Northern Ireland) 2003

3.—(1) The Waste Management Licensing Regulations (Northern Ireland) 2003(1) are amended in accordance with paragraphs (2) and (3)—

(2) In regulation 1(3) (Citation, commencement and interpretation)—

(a) Insert the following definition in the appropriate alphabetical order—

““Commission Directive (EU) 2015/1127” means Commission Directive (EU) 2015/1127 of 10th July 2015 amending Annex II to Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives;”.

(b) For the definition of “recovery” substitute—

““recovery”—

(a)

in relation to WEEE has the meaning given by Article 30(f) of the WEEE Directive;

(b)

in relation to any other type of waste, means any operation the principal result of which is the waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy. Annex II to the Directive, as amended by Commission Directive (EU) 2015/1127, sets out a non-exhaustive list of recovery operations;”.

(3) In Schedule 3 Part III in the table in column 2 for the description of R1 substitute—

“Use principally as a fuel or other means to generate energy. This includes incineration facilities dedicated to the processing of municipal solid waste only where their energy efficiency is equal to or greater than (i) 0.60 for installations in operation and permitted in accordance with applicable Community legislation before 1st January 2009; or (ii) 0.65for other installations. Energy efficiency is calculated according to the formula contained in Annex II of the Waste Framework Directive as amended by the Commission Directive (EU) 2015/1127.”.

(1)

S.R. 2003 No. 493 as amended