Council Decision of 19 December 2002 establishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of and Annex II to Directive 1999/31/EC (2003/33/EC)

[F1 Article A1 U.K.

1. In this Decision—

(a) “appropriate agency” means—

(i) in relation to England, the Environment Agency;

(ii) in relation to Wales, the Natural Resources Body for Wales;

(iii) in relation to Northern Ireland—

• — for the purposes of this Article, the Department of Agriculture, Environment and Rural Affairs;

• — otherwise, the Department for Infrastructure;

(b) “appropriate authority” means—

(i) in relation to England, the Secretary of State;

(ii) in relation to Wales, the Welsh Ministers;

(iii) in relation to Northern Ireland—

• — for the purposes of this Article, the Department of Agriculture, Environment and Rural Affairs;

• — otherwise, the Department for Infrastructure;

(c) “local authority” means—

(i) in England outside Greater London—

• — a district council,

• — a county council, or

• — the Council of the Isles of Scilly;

(ii) in Greater London—

• — the council of a London borough,

• — the Common Council of the City of London,

• — the Sub-Treasurer of the Inner Temple, or

• — the Under-Treasurer of the Middle Temple;

(iii) in Wales—

• — a county council, or

• — a county borough council;

(iv) in Northern Ireland, a district council established under section 1 of the Local Government Act (Northern Ireland) 1972.

2. In this Decision, “the Landfill Directive” means Council Directive 1999/31/EC on the landfill of waste, as last amended by Directive (EU) 2018/850, and read in accordance with paragraphs 3 to 12.

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 appropriate authority, appropriate agency or local authority which, immediately before IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion in respect of England, Wales or Northern Ireland.

4. Article 1 is to be read as if—

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

(b) in paragraph 2, for “Directive 96/61/EC”, in both places it occurs, there were substituted “ Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions ”.

5. Article 2 is to be read as if—

( a) in point (a)—

(i) “‘waste’,” were omitted; and

(ii) for “Directive 2008/98/EC” there were substituted “the Waste Framework Directive”;

(b) after point (a) there were inserted—

“(aa) “waste” means anything that—

(i) is waste within the meaning of Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive, and

(ii) is not excluded from the scope of that Directive by Article 2(1), (2) or (3) of that Directive;”;

(c) for point (l) there were substituted—

“(l) “operator”—

(i) in relation to England and Wales, has the meaning given in regulation 7 of the Environmental Permitting (England and Wales) Regulations 2016;

(ii) in relation to Northern Ireland, has the meaning given in regulation 2(1) of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;”.

5A. Article 3 is to be read as if—

(a) in paragraph 2, “Without prejudice to existing Community legislation” were omitted;

(b) for paragraph 3 there were substituted—

“3. The management of extractive waste is excluded from the scope of this Directive—

(a) in relation to England and Wales, where it falls within the scope of Schedule 20, or paragraph 8(a) or (b) of Schedule 22, to the Environmental Permitting (England and Wales) Regulations 2016 (“the 2016 Regulations”);

(b) in relation to Northern Ireland, where it falls within the scope of the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015 (“the 2015 Regulations”).

In this paragraph, “extractive waste”—

(a) in relation to England and Wales, has the meaning given in regulation 2(1) of the 2016 Regulations;

(b) in relation to Northern Ireland, has the meaning given in regulation 2(2) of the 2015 Regulations.”.

6. Article 5(3) is to be read as if—

(a) in point (b), for “Annex III to Directive 91/689/EEC” there were substituted “ Annex 3 to the Waste Framework Directive ”;

(b) in point (c), for the words from “(property H9” to the end there were substituted “ in Annex 3 to the Waste Framework Directive ”;

(c) in point (d)—

(i) for “two years from the date laid down in Article 18(1)” there were substituted “ 16th July 2001 ”;

(ii) for “five years from the date laid down in Article 18(1)” there were substituted “ from 16th July 2004 ”.

(d) in point (f)—

(i) after “waste”, in the first place it occurs, there were inserted “paper, metal, plastic and glass”;

(ii) the words from “pursuant” to “Article 22 of that Directive” were omitted;

(iii) for “Article 4 of that Directive” there were substituted “Article 4 of the Waste Framework Directive”;

6A. Article 6(a) is to be read as if—

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

(b) in the second paragraph, for the words from “of Directive 2008/98/EC” to the end, there were substituted “set out in Part 1 of Schedule 1 to the Waste (England and Wales) Regulations 2011, or any objectives in [F2 assimilated] law relating to the increase of preparing for re-use and recycling”.

7. Article 9 is to be read as if, in the words before point (a), the words from “Specifying” to “Directive 96/61/EC,” were omitted.

8. Article 11(1)(b) is to be read as if—

(a) in the first indent—

(i) for “Article 5(3) of Directive 91/689/EEC” there were substituted “ Article 19(2) of the Waste Framework Directive ”;

(ii) for the words from “Council Regulation (EEC) No 259/93” to the end there were substituted “ Regulation (EC) 1013/2006 of the European Parliament and of the Council on shipments of waste ”;

(b) in the third indent, in the second sentence, “and Community” was omitted.

9. Article 13(d) is to be read as if the words from “and without prejudice” to “waste holder” were omitted.

10. Annex 1 is to be read as if—

(a) in point 3.4, for “Directive 80/68/EEC”, there were substituted “ Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy”.

11. Annex 2 is to be read as if—

(a) point 1 were omitted;

(b) in point 2, in the second paragraph, the third sentence were omitted;

(c) in point 4, in the fourth and fifth paragraphs, for “covered by Directive 91/689/EEC” there were substituted “ classified as hazardous waste ”.

12. Annex 3 is to be read as if—

(a) Annex 3 is to be read as if—

(ii) in the table, for “14.00h CET” in both places it occurs there were substituted “1 p.m.”;

(b) in point 3, in the fourth paragraph, in the table, in table footnote (7), the words from “, and will report” to the end were omitted.]

Textual Amendments

F1 Arts. A1-A3 inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 15(2) (as amended by S.I. 2020/1540, regs. 1(3), 14(11)); 2020 c. 1, Sch. 5 para. 1(1)

F2 Word in Art. A1(6A)(b) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 63(2)(a)