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

17AMeaning of the “Mining Waste Directive”

1

In reading Article 2 of the Waste Framework Directive in accordance with section 17(4), “the Mining Waste Directive” (as inserted by paragraph (a)(iii) of section 17(4)) means Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries M13, read in accordance with subsections (2) to (5).

2

Article 2 is to be read as if—

a

in paragraph 2(c), the reference to Article 11(3)(j) of Directive 2000/60/ECM14 were a reference to that Article read in accordance with subsection (4);

b

paragraphs 3 and 4 were omitted.

3

Article 3(1) is to be read as if, for “Article 1(a) of 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

For the purposes of subsection (2)(a), Article 11(3)(j) of Directive 2000/60/EC is to be read as if—

a

the first reference to “Member States” were a reference to the Welsh Ministers or the Natural Resources Body for Wales;

b

at the end there were inserted—

and “environmental objectives”, in relation to a river basin district within the meaning of the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 M15 has the same meaning as in those Regulations.

5

In reading the Mining Waste Directive in accordance with subsection (3), the reference in that Directive, to the “Waste Framework Directive” (as inserted by subsection (3)) has the meaning given by section 17(2) of this measure.

3

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 Welsh Ministers, the Natural Resources Body for Wales or local authority which, immediately before F18IP completion day (within the meaning given to that expression in the European Union (Withdrawal Agreement) Act 2020), was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion in respect of Wales.

4

Article 2 is to be read as if—

a

in paragraph 2—

i

in the words before point (a), for “other Community legislation” there were substituted “ retained EU law ”;

ii

in points (b) and (c), for “Regulation (EC) No 1774/2002” there were substituted “ Regulation (EC) No 1069/2009 ”;

iii

in point (d), for the words from “Directive 2006/21/EC” to the end there were substituted “ the Mining Waste Directive (see regulation 2A) ”;

b

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

c

paragraph 4 were omitted.

F85

Article 5 is to be read as if—

a

in paragraph 1, for “Member States shall take appropriate measures to ensure that a”, there were substituted “A”;

b

after paragraph 1 there were inserted—

1A

Any decision as to whether a substance or object is a by-product must be made—

a

in accordance with any regulations setting out detailed criteria on the application of the conditions in paragraph 1 to specific substances or objects; and

b

having regard to any guidance published by the Welsh Ministers or the Natural Resources Body for Wales for the purposes of this Article.

c

paragraphs 2 and 3 were omitted.

6

Article 6 is to be read as if—

a

in paragraph 1, for “Member States shall take appropriate measures to ensure that waste” there were substituted “Waste”;

b

after paragraph 1 there were inserted—

1A

Any decision as to whether a substance or object has ceased to be waste must be made—

a

in accordance with any regulations or retained direct EU legislation (within the meaning given to that expression in the European Union (Withdrawal) Act 2018) setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; and

b

having regard to any guidance published by the Welsh Ministers or the Natural Resources Body for Wales for the purposes of this Article.

c

in paragraph 2—

i

the first sub-paragraph were omitted;

ii

in the second sub-paragraph, for “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;

iii

the third and fourth sub-paragraphs were omitted;

d

paragraph 3 were omitted;

e

in paragraph 4—

i

in the first sub-paragraph—

aa

in the first sentence, for the words from the beginning to “Member State”, there were substituted “Where criteria have not been set out as referred to in paragraph 1A(a), the Natural Resources Body for Wales”;

bb

the second sentence were omitted;

ii

in the second sub-paragraph—

aa

for “Member States” there were substituted “The Natural Resources Body for Wales”;

bb

“by competent authorities” were omitted.

7

Article 7 is to be read as if—

a

before paragraph 1 there were inserted—

A1

In this Article, the “list of waste” means the list contained in the Annex to Commission Decision 2000/532/EC, as that list has effect in Wales.

b

in paragraph 1—

i

the first and second sentences were omitted;

ii

for the third sentence there were substituted “The list of waste shall, except as provided in Commission Decision 2000/532/EC, be binding as regards determination of the waste which is to be considered as hazardous waste or as non-hazardous waste.”;

c

paragraphs 2, 3, 6 and 7 were omitted.

8

Annex 3 is to be read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted.

9

In paragraph (3) “local authority” means a county council or a county borough council.

Meaning of “the Mining Waste Directive” in regulation 22A

1

In regulation 2(4)(a)(iii), “the Mining Waste Directive” means Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries, read in accordance with paragraphs (2) to (4).

2

Article 2 is to be read as if—

a

in paragraph 2(c), the reference to Article 11(3)(j) of Directive 2000/60/EC were a reference to that Article read in accordance with paragraph (4) of this regulation;

b

paragraphs 3 and 4 were omitted.

3

Article 3(1) is to be read as if, for “Article 1(a) of Directive 75/442/EC” there were substituted “ Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive ”.

4

For the purposes of paragraph (2)(a), Article 11(3)(j) of Directive 2000/60/EC is to be read as if—

a

the first reference to “Member States” were a reference to the Welsh Ministers or the Natural Resources Body for Wales;

b

at the end, there were inserted—

and “environmental objectives”, in relation to a river basin district within the meaning of the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 has the same meaning as in those Regulations.

11

For the purposes of regulation 7(10) Directive 1999/31/EC is to be read as if—

a

in Article 2—

i

in point (a), the reference to the definition of ’waste’ were omitted;

ii

after point (a) there were inserted—

aa

‘Waste’ has the meaning given in Article 3(1) of Directive 2008/98/EC (“the Waste Framework Directive”), as read with Articles 5 and 6 of that Directive”;

b

in Article 3—

i

in paragraph (2) for “Without prejudice to existing Community legislation the” there were substituted “The”;

ii

for paragraph (3) there were substituted—

3

The management of extractive waste, within the meaning given in regulation 2(1) of the Environmental Permitting (England and Wales) Regulations 2016, is excluded from the scope of this Directive where it falls within the scope of Schedule 20, or paragraph 8(a) or (b) of Schedule 22, to those Regulations.

Meaning of the Waste Directive2A

1

For the purposes of these Regulations, the Waste Directive is to be read in accordance with this regulation.

2

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 F17IP completion day (within the meaning given to that expression in the European Union (Withdrawal Agreement) Act 2020), was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion in respect of Wales.

3

Article 2 is to be read as if—

a

in paragraph 2—

i

in the words before point (a), for “other Community legislation” there were substituted “ retained EU law ”;

ii

in points (b) and (c), for “Regulation (EC) No 1774/2002” there were substituted “ Regulation (EC) No 1069/2009 ”;

iii

in point (d), for the words from “Directive 2006/21/EC” to the end there substituted “ the Mining Waste Directive ”;

b

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

c

paragraph 4 were omitted.

F194

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F25

Article 5 is to be read as if—

a

in paragraph 1, for “Member States shall take appropriate measures to ensure that a” there were substituted “A”;

b

after paragraph 1 there were inserted—

1A

Any decision as to whether a substance or object is a by-product must be made—

a

in accordance with any regulations setting out detailed criteria on the application of the conditions in paragraph 1 to specific substances or objects; and

b

having regard to any guidance published by the Welsh Ministers or the Natural Resources Body for Wales for the purposes of this Article.

c

paragraphs 2 and 3 were omitted.

6

Article 6 is to be read as if—

a

in paragraph 1, for “Member States shall take appropriate measures to ensure that waste” there were substituted “Waste”;

b

after paragraph 1 there were inserted—

1A

Any decision as to whether a substance or object has ceased to be waste, must be made—

a

in accordance with any regulations or retained direct EU legislation (within the meaning given to that expression in the European Union (Withdrawal) Act 2018) setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; and

b

having regard to any guidance published by the Welsh Ministers or the Natural Resources Body for Wales for the purposes of this Article.

c

in paragraph 2—

i

the first sub-paragraph were omitted;

ii

in the second sub-paragraph for “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;

iii

the third and fourth sub-paragraphs were omitted;

d

paragraph 3 were omitted;

e

in paragraph 4—

i

in the first sub-paragraph—

aa

in the first sentence, for the words from the beginning to “Member State”, there were substituted “Where criteria have not been set out as referred to in paragraph 1A(a), the Natural Resources Body for Wales”;

bb

the second sentence were omitted;

ii

in the second sub-paragraph—

aa

for “Member States” there were substituted “The Natural Resources Body for Wales”;

bb

“by competent authorities” were omitted.

7

Article 7 is to be read as if—

a

before paragraph 1 there were inserted—

A1

In this Article, the “list of waste” means the list contained in the Annex to Commission Decision 2000/532/EC, as that list has effect in Wales.”;

b

in paragraph 1—

i

the first and second sentences were omitted;

ii

for the third sentence, there were substituted “The list of waste shall, except as provided in Commission Decision 2000/532/EC, be binding as regards determination of the wastewhich is to be considered as hazardous waste or non-hazardous waste.”;

c

paragraphs 2, 3, 6 and 7 were omitted.

8

Article 19 is to be read as if—

a

in paragraph 1, for “Community” there was substituted “ national ”;

b

in paragraph 2, for “a Member State” there were substituted “ Wales ”.

9

Annex 3 is to be read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted.

10

In paragraph (2) “local authority” means a county council or a county borough council.

Meaning of the “Mining Waste Directive” F7...2B

1

In regulation 2A(3)(a)(iii), “the Mining Waste Directive” means Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries, read in accordance with paragraphs (2) and (3).

2

Article 2 is to be read as if—

a

in paragraph 2(c), the reference to Article 11(3)(j) of Directive 2000/60/EC were a reference to that Article read in accordance with paragraph (7) of this regulation;

b

paragraphs 3 and 4 were omitted.

3

Article 3(1) is to be read as if, for “Article 1(a) of Directive 75/442/EEC” there were substituted “ Article 3(1) of the Waste Directive, as read with Articles 5 and 6 of that Directive ”.

F154

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F155

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

F156

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

7

For the purposes of paragraph (2)(a), Article 11(3)(j) of Directive 2000/60/EC is to be read as if—

a

the first reference to “Member States” were a reference to the appropriate authority;

b

at the end, there were inserted—

and “environmental objectives”, in relation to a river basin district within the meaning of the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017, has the same meaning as in those Regulations

3

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 Welsh Ministers, the Natural Resources Body for Wales or local authority which, immediately before F5IP completion day (within the meaning given to that expression in the European Union (Withdrawal Agreement) Act 2020), was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion in respect of Wales.

4

Article 2 is to be read as if—

a

in paragraph 2—

i

in the words before point (a), for “other Community legislation” there were substituted “ retained EU law ”;

ii

in points (b) and (c), for “Regulation (EC) No 1774/2002” there were substituted “ Regulation (EC) No 1069/2009 ”;

iii

in point (d), for the words from “Directive 2006/21/EC” to the end there substituted “ the Mining Waste Directive (see regulation 2A) ”;

b

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

c

paragraph 4 were omitted.(5) Article 5 is to be read as if paragraph 2 were omitted.

F145

Article 5 is to be read as if—

a

in paragraph 1, for “Member States shall take appropriate measures to ensure that a” there were substituted “A”;

b

after paragraph 1 there were inserted—

1A

Any decision as to whether a substance or object is a by-product must be made—

a

in accordance with any regulations setting out detailed criteria on the application of the conditions in paragraph 1 to specific substances or objects; and

b

having regard to any guidance published by the Welsh Ministers or the Natural Resources Body for Wales for the purposes of this Article.

c

paragraphs 2 and 3 were omitted.

6

Article 6 is to be read as if—

a

in paragraph 1, for “Member States shall take appropriate measures to ensure that waste” there were substituted “Waste”;

b

after paragraph 1 there were inserted—

1A

Any decision as to whether a substance or object has ceased to be waste must be made—

a

in accordance with any regulations or retained direct EU legislation (within the meaning given to that expression in the European Union (Withdrawal) Act 2018 setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; and

b

having regard to any guidance published by the Welsh Ministers or the Natural resources Body for Wales for the purposes of this Article.

c

in paragraph 2—

i

the first sub-paragraph were omitted;

ii

in the second sub-paragraph, for “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;

iii

the third and fourth sub-paragraphs were omitted;

d

paragraph 3 were omitted;

e

in paragraph 4—

i

in the first sub-paragraph—

aa

in the first sentence, for the words from the beginning to “Member State”, there were substituted “Where criteria have not been set out as referred to in paragraph 1A(a), the Natural Resources Body for Wales”;

bb

the second sentence were omitted;

ii

in the second sub-paragraph—

aa

for “Member States” there were substituted “The Natural Resources Body for Wales”;

bb

“by competent authorities” were omitted.

7

Article 7 is to be read as if—

a

before paragraph 1 there were inserted—

A1

In this Article, the “list of waste” means the list contained in the Annex to Commission Decision 2000/532/EC, as that list has effect in Wales.

b

in paragraph 1—

i

the first and second sentences were omitted;

ii

for the third sentence there were substituted “The list of waste shall, except as provided in Commission Decision 2000/532/EC, be binding as regards determination of the waste which is to be considered as hazardous waste or as non-hazardous waste.”;

c

paragraphs 2, 3, 6 and 7 were omitted.

8

Annex 3 is to be read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted.

Meaning of “the Mining Waste Directive” in regulation 22A

1

In regulation 2(4)(a)(iii), “the Mining Waste Directive” means Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries, read in accordance with subsections (2) to (4).

2

Article 2 is to be read as if—

a

in paragraph 2(c), the reference to Article 11(3)(j) of Directive 2000/60/EC were a reference to that Article read in accordance with subsection (4);

b

paragraphs 3 and 4 were omitted.

3

Article 3(1) is to be read as if, for “Article 1(a) of Directive 75/442/EC” there were substituted “ Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive ”.

4

For the purposes of paragraph (2)(a), Article 11(3)(j) of Directive 2000/60/EC is to be read as if—

a

the first reference to “Member States” were a reference to the Welsh Ministers or the Natural Resources Body for Wales;

b

at the end, there were inserted—

and “environmental objectives”, in relation to a river basin district within the meaning of the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 has the same meaning as in those Regulations.