The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019

Commission Decision 2001/171/EC establishing the conditions for a derogation for glass packaging in relation to the heavy metal concentration levels established in Directive 94/62/EC on packaging and packaging waste

14.—(1) Commission Decision 2001/171/EC establishing the conditions for a derogation for glass packaging in relation to the heavy metal concentration levels established in Directive 94/62/EC on packaging and packaging waste is amended as follows.

(2) Before Article 1, insert—

“Article A1

1.   In this Decision, “Directive 94/62/EC” means European Parliament and Council Directive 94/62/EC on packaging and packaging waste(1), as last amended by Directive (EU) 2015/720 of the European Parliament and of the Council(2), and read in accordance with paragraphs 2 to 4.

2.   Article 2 is to be read as if—

(a) in paragraph 1, for “Community” there were substituted “United Kingdom”;

(b) paragraph 2 were omitted.

3.   Article 3 is to be read as if—

(a) in paragraph 1, the fourth subparagraph were omitted;

(b) in paragraph 2, for “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”.

4.   In paragraph 3(b), 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, and read in accordance with paragraphs 5 and 6.

5.   Article 5 is to be read as if paragraph 2 were omitted.

6.   Article 6 is to be read as if—

(a) paragraphs 1 to 3 were omitted;

(b) in paragraph 4—

(i) in the first sentence, for the words from “Where criteria” to “Member States” there were substituted “Except where waste ceases to be waste in accordance with Council Regulation (EU) No 333/2011, Commission Regulation (EU) No 1179/2012 or Commission Regulation (EU) No 715/2013, the appropriate agency”;

(ii) the second sentence were omitted.

7.   In paragraph 6(b)(i), “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.”.

(3) In Article 1, omit the words from “, and aims” to the end.

(4) In Article 3, omit “established in Article 11 of Directive 94/62/EC”.

(5) In Article 5—

(a) in the first paragraph, in the words before the first indent, in the first sentence, omit “in the Member States”;

(b) in the second paragraph—

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

(ii) omit “Community”.

(6) Omit Article 7.

(1)

OJ No L 365, 31.12.1994, p 10.

(2)

OJ No L 115, 6.5.2015, p 11.