The List of Wastes (Wales) Regulations 2005

Interpretation

2.—(1) In these Regulations —

(a) “the Waste Directive” (“y Gyfarwyddeb Gwastraff”) means Council Directive 75/442/EEC(1) on waste as amended by—

(i) Council Directives 91/156/EEC(2) and 91/692/EEC(3);

(ii) Commission Decision 96/350/EC(4); and

(iii) Regulation (EC) No 1882/2003(5);

(b) “Directive 67/548/EEC” (“Cyfarwyddeb 67/548/EEC”) (the Dangerous Substances Directive, which is referred to in the Introduction to the List) means Directive 67/548/EEC(6) on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances as last amended by Commission Directive 2004/73/EC(7); and

(c) “the Hazardous Waste Directive” (“y Gyfarwyddeb Gwastraff Peryglus”) means Council Directive 91/689/EEC(8) of 31 December 1991 on hazardous waste, as amended by Council Directive 94/31/EC(9), and a reference to—

(i) an annex of the Hazardous Waste Directive is a reference to that annex as it is for the time being set out in the relevant schedule to the Hazardous Waste Regulations; and

(ii) hazardous properties is a reference to the properties in Annex III as so set out.

(2) In these Regulations—

(a) “the List of Wastes Decision” (“Penderfyniad y Rhestr Wastraffoedd”) means Commission Decision 2000/532/EC(10) of 3 May 2000 replacing Decision 94/3/EC(11) establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC(12) establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste, as amended by—

(i) Commission Decision 2001/118/EC(13);

(ii) Commission Decision 2001/119/EC(14); and

(iii) Council Decision 2001/573/EC(15));

(b) “the List of Wastes” (“y Rhestr Wastraffoedd”) means the List of wastes set out in the Annex to the List of Wastes Decision, being a list drawn up—

(i) in relation to wastes belonging to the categories listed in Annex I (Categories of Waste) of the Waste Framework Directive, by the Commission, acting in accordance with the procedure laid down in Article 18 of that Directive;

(ii) in relation to hazardous waste, in accordance with the procedure laid down in Article 18 of the Waste Framework Directive on the basis of—

(aa) Annex I (Categories or generic types of hazardous waste listed according to their nature or the activity which generated them) to the Hazardous Waste Directive; and

(bb) Annex II (Constituents of the wastes in Annex 1.B. which render them hazardous when they have the properties described in Annex III) to the Hazardous Waste Directive,

and a reference to the List of Wastes includes a reference to the Introduction thereto (“the Introduction to the List”).

(3) In these Regulations—

(a) “the Hazardous Waste Regulations” (“y Rheoliadau Gwastraff Peryglus”) means the Hazardous Waste (Wales) Regulations 2005(16);

(b) “hazardous waste” (“gwastraff peryglus”) has the meaning given by regulation 6 of the Hazardous Waste Regulations;

(c) “waste” (“gwastraff”) has the meaning given by regulation 2(1)(b) of the Hazardous Waste Regulations; and

(d) “dangerous substance” (“sylwedd peryglus”) means, notwithstanding paragraph 5 of the Introduction to the List, a substance which for the time being is a dangerous substance within the meaning of regulation 2 of the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002(17).

(1)

OJ No L 194, 25.7.1975, p.39.

(2)

OJ No. L 78, 26.3.1991, p.32.

(3)

OJ No. L 377, 31.12.1991, p.48.

(4)

OJ No. L 135, 6.6.1996, p.32.

(5)

OJ No. L 284, 31.10.2003, p.1.

(6)

OJ No. L196, 16.8.1967, p. 1.

(7)

OJ No. L152, 30.4.2004, p.1.

(8)

OJ No. L 377, 31.12.1991, p.20.

(9)

OJ No. L 168, 2.7.1994, p.28.

(10)

OJ No. L 226, 6.9.2000, p.3.

(11)

OJ No. L 5, 7.1.1994, p.15.

(12)

OJ No. L 356, 31.12.11994, p.14.

(13)

OJ No. L 47, 16.2.2001, p.1.

(14)

OJ No. L 47, 16.2.2001, p.32.

(15)

(10) OJ No. L 203, 28.7.2001, p.18.

(16)

S.I. 2005/1806 (W.138).

(17)

S.I. 2002/1689 as amended by S.I. 2004/3386.