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

after paragraph (2) insert—

omit the definition of “Directive Waste”;

for the definition of “electrical or electronic equipment” or “EEE” substitute—

for the definition of “end-of-life vehicle” substitute—

after the definition of “recovery” insert—

in the definition of “waste” in paragraph (a) for “Directive” substitute “ Relevant ”;

in the definition of “waste battery or accumulator” for “is waste within the meaning of the Directive” substitute “ which the holder discards or intends or is required to discard; ”; and

in the definition of “waste electrical and electronic equipment or WEEE” for “is waste within the meaning of Article 3(1) of the Directive” substitute “ the holder discards or intends or is required to discard ”.

for paragraph (1) substitute—

omit paragraph (2).

in paragraph (1) omit “(which implements certain provisions of the End-of-Life Vehicles Directive)”; and

in paragraph (2) for “the End-of-Life Vehicles Directive” substitute “ retained EU law ”.

in paragraphs (1)(d), (2)(d) and (3)(b) for “Annex VIII of the WEEE Directive” substitute “ paragraph (6) ”; and

after paragraph (5) add—

in paragraph 1 for the definition “best available techniques” substitute—

in paragraph 1 insert in alphabetical order—

for paragraph 4(4)(b)(i) substitute—

in paragraph 5(3) for paragraphs (b) to (e) substitute—

in paragraph 7 for “Articles 4, 13 and 16 of that Directive” substitute “ waste hierarchy, protection of human health and the environment and principles of self-sufficiency and proximity ”;

in the N.B. for “In accordance with Article 13 of the Directive” substitute “ All ”; and

in column 2 opposite the entry in Column 1 row D11 for “EU legislation” substitute “ retained EU law ”.

for the definition of “disposal” substitute—

for the definition of “European Waste Catalogue” substitute—

after the definition of “battery pack” insert—

in the definition of “consignment note” for “pursuant to Article 19(2) of the Waste Directive” substitute “ within the United Kingdom ”;

for the definition of “recovery” substitute “ “recovery” has the same meaning as in the Waste Management Licensing Regulations (Northern Ireland) 2003; ”; and

for the definition of “waste battery or accumulator” substitute—

in paragraph (4) omit from “fulfilling its duty” to the end; and

in paragraph (6)(a) for “Article 13 of the Waste Framework Directive” substitute “ the Waste Framework Directive conditions ”.

in paragraph (2) omit “as required pursuant to Article 34 of the Waste Directive and”;

in sub-paragraph (b) omit “provided for in Annex II of the Waste Directive”; and

in sub-paragraph (c) omit “under Annex I or Annex II of the Waste Directive”.

in paragraph (1A), omit “in accordance with Article 21 of Directive 2008/50/ECM23”;

in paragraph (5), for from “other plans drawn” to the end substitute “ relevant environmental plans ”; and

after paragraph (8), insert—

after “comprehensive manner” insert “ , including the applicable methodology, ”; and

after “the European Community” insert “ in so far as it has been transposed and it forms part of retained EU law ”.

in paragraph (6) before sub-paragraph (c) omit “and”;

omit paragraph (6)(c);

in paragraph (8)(c) omit from “in accordance” to the end.

in paragraph 1(4)(b) omit “or European Union”;

in paragraph 9(b) omit “between Member States”;

in paragraph 19(2) for “another” substitute “ a ”;

in paragraph 6(2)(g) omit “between Member States”;

in paragraph 9(2) for “another” substitute “ a ”;

in paragraph 14(2)(g)(ii) omit “between Member States”; and

in sub-paragraph (5)(a) omit from “and the Department” to the end; and

omit sub-paragraph (5)(b).

for “Member States” in each place it occurs there were substituted “ the Department ”; and

for “they” in each place it occurs there were substituted “ the Department ”.

in section 1, in the second paragraph, for “Member State” there were substituted “ the Department ”;

in section 3, in the second paragraph for “A Member State” there were substituted “ The Department ”; and

section 5 were omitted.

paragraphs 2, 3 and 4 were omitted.

an expression used in the Directive that is defined in these Regulations has the meaning given in these Regulations except for “ waste” which has the meaning given in Article 2(5) of the Asbestos Directive read in accordance with sub-paragraph (3);

the competent authority is the Department; and

a reference to Member States is to be read as a reference to the Department.

after paragraph 1 there were inserted—

paragraph 3 were omitted.

in points (11), (47) and (57), for “competent authority” there were substituted “ Department ”;

in point (34) for a “a competent authority” there were substituted “ the Department ”;

in point (43) for “any competent authority” there were substituted “ the Department ”;

in point (86) for “competent authority” in the first and second place it occurs there were substituted “ the Department ”.

in the first sentence, for “Member States” there were substituted “ The Department ”; and

in the third sentence for “Competent Authority” there were substituted “ Department ”.

in paragraphs 1 and 2 , for “Member States” in each place it occurs there were substituted “ The Department ”; and

in paragraph 3, in the words before point (a), for “competent authority” there were substituted “ Department ”.

in paragraph 3, for “Member States” there were substituted “ the Department ”.

for “Member States” in each place it occurs there were substituted “ The Department ”;

in Article 85(3) and 86(4), for “competent authority” there were substituted “ Department ”.

in the second paragraph, for “competent authority” there were substituted “ Department ”.

in the heading, for “competent authority” there were substituted “ Department ”;

in the first sentence, for “Member States shall ensure that the competent authority keeps” there were substituted “ The Department must keep ”; and

in the third sentence, for “competent authority” there were substituted “ Department ”.

for “Member States” in each place it occurs there were substituted “ The Department ”; and

in Article 92(1)(b), for “competent authority” there were substituted “ Department ”.

for “Member States” in each place it occurs there were substituted “ The Department ”; and

in paragraph (2) for “competent authority” in each place it occurs there were substituted “ Department ”.

in paragraph (1), for “Member States shall ensure that the competent authority is” there were substituted “ The Department be ”; and

in paragraph (2), for “Member States” there were substituted “ The Department ”.

in the first sentence for “Member States” there were substituted “ The Department ”; and

in paragraph (b) for “competent authority” there were substituted “ Department ”.

in Section 1, in the first sentence, for “competent authority” there were substituted “ the Department ”; and

in Table A Part 1, in the final paragraph, for “competent authority” there were substituted “ the Department ”.

in point (b), for “Member States” there were substituted “ the Department ”; and

in points (d), (e) and (g) for “competent authority” where it occurs there were substituted “ the Department ”.

in point (7), for “Article 1(1)(a) of Directive 2006/12/ECM43” there were substituted “ Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive ”; and

in point (9), for “Annex IIA to Directive 2006/12/EC” there were substituted “ Annex 1 to the Waste Framework Directive ”.

an expression used in the Directive that is defined in these Regulations has the meaning given in these Regulations; and

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 F1IP 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.

for paragraph 1 there were substituted—

in paragraph 2, “within the meaning of Article 1(a) of Directive 75/442/EECM44” were omitted;

for paragraphs 8 and 9, there were substituted—

for paragraph 11 there were substituted—

in paragraph 3, in the words before point (a), for “establishment or undertaking” there were substituted “ operator ”.

the competent authority is for all purposes including that of exercising a judgement as to whether there is an overriding need to maintain energy supplies under Articles 30(6) and 37, the Department.

in point (1) for the words from “Article 1” to the end there were substituted “ Article 4 of the Basic Safety Standards Directive ”;

for points (2) to (4) there were substituted—

in point (6), for “Union law” there were substituted “ retained EU law ”;

for points (7) and (8) there were substituted—

in point (10)(b), for “Member State in question” there were substituted “ United Kingdom ”;

in point (12), for “means a document” there were substituted “ except where Article 13(7) applies, means a document annexed to retained direct EU legislation made under Article 13(5) as that Article had effect immediately before F1IP completion day ”;

for point (18) there were substituted—

for paragraph 20 there were substituted—

in point (23), for the words from “point 1 of Article 2” to the end there were substituted “ point 1 of the second subparagraph of Article 2 of Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs M50 ”;

for point (25) there were substituted—

in point (36), for the words from “point 26” to the end there were substituted “ Article 2(26) of Directive 2009/72/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity M51 ”;

for points (37) and (38) there were substituted—

for points (40) and (41) there were substituted—

in paragraph 1, the words from “Without prejudice” to “Union law,” were omitted; and

in paragraph 3, a reference to a numbered Article of Directive 85/337/EECM52 were a reference to the retained EU law which transposed the same numbered Article of Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment M53 in respect of Northern Ireland.

the words from “Without prejudice” to “environmental damage,” were omitted;

for “Member States” there were substituted “ the Department ”.

in paragraph 1, for “specified in Annex I to Directive 2003/87/ECM54” substitute “ a regulated activity within the meaning of regulation 3(1) of the Greenhouse Gas Emissions Trading Scheme Regulations 2012 M55 ”;

in paragraph 2, for “activities listed in Annex I to Directive 2003/87/EC, Member States” substitute “ regulated activities within the meaning of regulation 3(1) of the Greenhouse Gas Emissions Trading Scheme Regulations 2012, the competent authority ”; and

omit paragraph 4.

in the words before point (a), for “Member States” there were substituted “ The Department ”;

in points (d) and (e), for “Directive 2008/98/EC” there were substituted “ the Waste Framework Directive ”.

in paragraph 1, in the words before point (a), for “Member States” there were substituted “ The Department ”;

Articles 13(1) to (6) were omitted; and

in paragraph 7, for the words from “Pending” to “paragraph 5, the” there were substituted “ In the absence of a BAT conclusion, any relevant ”.

in paragraph 1, for “Member States” there were substituted “ The Department ”;

in paragraph 4, the second sentence were omitted; and

in paragraph 7, for “the legislation” there were substituted “ retained EU law ”.

in paragraph 1, for “Member States” there were substituted “ the Department ”; and

in paragraph 3, for “Member States” there were substituted “ The Department ”.

in paragraph 1, the words from “Without prejudice” to “soil protection” were omitted; and

in paragraphs 1 and 2, for “Member States” in each place it occurs there were substituted “ The Department ”;

in paragraph 6, in the second subparagraph, for the words from “Directive 2003/4/EC” to “environmental information” there were substituted “ the Environmental Information Regulations 2004 M60 ”.

in paragraph 1, for “Member States” there were substituted “ The Department ”; and

in paragraph 4, is to be read as if, for “Article 4(1) and (2) of Directive 2003/4/EC” there were substituted “ the exceptions in Part 3 of the Environmental Information Regulations 2004 ”.

in paragraph 5 the second subparagraph were omitted; and

in paragraph 6, the third subparagraph were omitted.

for “Member States” in each place it occurs there were substituted “ the Department ”;

in paragraph 1, the words from “and with prior validation” to the end were omitted; and

in paragraph 2, for “points 3.1 or” there were substituted “ point ”.

a reference to the plan or transitional national plan were a reference to the UK transitional plan prepared by the Secretary of State and submitted to the European Commission on 20 October 2015;

in paragraph 2, in the second subparagraph, the words “, pursuant in particular to the requirements of Directives 2001/80/ECM61 and 2008/1/ECM62,” were omitted; and

in paragraph 3, the second subparagraph were omitted.

paragraph 2 were omitted; and

in paragraph 3, “and paragraph 2” were omitted.

in paragraph 3, in the second subparagraph, for the words from “Article 2(2)” to the end there were substituted “ regulation 2(1) of the Sulphur Content of Liquid Fuels Regulations (Northern Ireland) 2007 M65 ”; and

in paragraph 7, for “Member States” there were substituted “ The Department ”.

in paragraph 1, the second sentence were omitted; and

paragraph 4 were omitted.

in paragraph 2, for “European Waste List established by” there were substituted “ List in ”; and

in paragraph 4(a), for “Directive 2008/98/EC” there were substituted “ the Waste Framework Directive ”.

paragraph 4 were omitted.

in the words before point 1, the second paragraph were omitted;

in point 5.4, the words from “, as defined” to “of waste” were omitted; and

in point 6.11, for “Directive 91/271/EEC” there were substituted “ the Urban Waste Water Treatment Regulations (Northern Ireland) 2007 ”.

in point 1(b), after “consultation between” there were inserted “ the United Kingdom and ”;

in point 5, for “Member States” there were substituted “ Department ”.

in Part 5, in entry 1 of the table, in the second column, after “defined in” there were inserted “ the third entry of Table 1 in ”;

in Part 6, in point 2.1(c), after “furans” there were inserted “ and dioxin-like polychlorinated biphenyls and polycyclic aromatic hydrocarbons ”, but only in the case of particular plants where the regulator can demonstrate that emissions of those additional substances are, or are likely to be, significant; and

an expression used in the Directive that is defined in these Regulations has the meaning given in these Regulations;

“landfill permit” or “permit” has the same meaning as in the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013 M69;

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 F1IP 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; and

the competent authority is the Department.

in paragraph 1, the words from “With a view” to “thereof,” were omitted;

in paragraph 2, for “Directive 96/61/ECM72”, in both places it occurs, there were substituted “ the Industrial Emissions Directive ”.

in point (a)—

after point (a) there were inserted—

for point (l) there were substituted—

in point (b), for “Annex III to Directive 91/689/ECM73” there were substituted “ Annex III to the Waste Framework Directive ”;

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

in the first paragraph, in the second sentence, for “may” there were substituted “does”;

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 retained EU law relating to the increase of preparing for re-use and recycling;”.

in the second subparagraph, “and Community” was omitted.

in point (b), for “Article 7 of Directive 75/442/EEC” there were substituted “ regulation 8 of the Waste Regulations (Northern Ireland) 2011 ”.

in point (d), “without prejudice to the provisions of Regulation (EEC) No 259/93,” were omitted.

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 ”;

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

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

in Section 2, for the final sentence there were substituted “ The above provisions do not apply to inert landfills. ”;

in Section 3.3, omit the second paragraph;

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 M78, the Department ”; and

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 1 were omitted;

in Section 2, in the second paragraph, the third sentence were omitted;

in Section 4, in the fourth and fifth paragraphs, for “covered by Directive 91/689/EEC” there were substituted “ classified as hazardous waste ”; and

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.”;

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.

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;

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

the competent authority is the Department;

“general binding rule” means a standard rule published by the Department; and

a reference to Directive 2010/75/EU is to be read as if it were a reference to the Industrial Emissions Directive.

in paragraph 3(b), for “Directive 97/68/EC of the European Parliament and of the Council M80” 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 M81 ”; and

in paragraph 4, the second sentence were omitted.

for point (1) there were substituted—

for point (5) there were substituted—

for point (17) there were substituted—

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

in paragraph 6, for “Member States” there were substituted “ the Department ”.

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

in paragraphs 11 and 12 the second subparagraphs were omitted.

in paragraph 1, for “Member States” there were substituted “ The Department ”;

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

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

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

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 ”.

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;

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;

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

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

in paragraph 3, the words from “Without prejudice” to “Community legislation,” were omitted.

in paragraph 1, the words “Member States shall take appropriate measures to ensure that” were omitted;

after paragraph 1 there were inserted—

paragraphs 2 and 3 were omitted.

in paragraph 1, the words “Member States shall take appropriate measures to ensure that” were omitted;

after paragraph 1 there were inserted—

paragraph 3 were omitted;

before paragraph 1 there were inserted—

paragraphs 2, 3, 6 and 7 were omitted.

for paragraph 1 there were substituted—

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

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

paragraph 2 were omitted;

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

paragraph 5 were omitted.

after paragraph 1 there were inserted—

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