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Council Regulation (EU) No 333/2011Show full title

Council Regulation (EU) No 333/2011 of 31 March 2011 establishing criteria determining when certain types of scrap metal cease to be waste under Directive 2008/98/EC of the European Parliament and of the Council

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[F1Article 2BU.K.Meaning of “the Mining Waste Directive” and “the Industrial Emissions Directive”

1.In Article 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 Article;

(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 Directive 2008/98/EC, as read with Articles 5 and 6 of that Directive ”.

4.In Article 2A(4), “the Industrial Emissions Directive” means Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control), read in accordance with paragraphs 5 and 6.

5.Article 3 is to be read as if—

(a)in point (1)(a), for the words from “Article 1” to the end there were substituted “ Article 4(78) of Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation ”;

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

(c)in point (23), for the words from “point 1” 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 ”;

(d)in point (37), for the words from “of the European” to the end there were substituted “ , read with Articles 5 and 6 of that Directive ”.

6.Annex 1 is to be read as if—

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

(b)in point 5.3—

(i)in point (a), in the words before point (i), for “Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment” there were substituted “ the Urban Waste Water Treatment (England and Wales) Regulations 1994 ”;

(ii)in point (b), in the words before point (i), for “Directive 91/271/EEC” there were substituted “ the Urban Waste Water Treatment (England and Wales) Regulations 1994 ”;

(c)in point 5.4, the reference to Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste were a reference to the Landfill Directive;

(d)in point 6.9, for “Directive 2009/31/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2009/31/EC in respect of England and Wales ”;

(e)in point 6.11, for “Directive 91/271/EEC” there were substituted “ the Urban Waste Water Treatment (England and Wales) Regulations 1994 ”.

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

(b)in the words after the final indent, “environmental objectives”—

(i)in relation to the Northumbria River Basin District, means the environmental objectives referred to in the WFD Regulations as applied by regulation 5 of the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003;

(ii)in relation to the Solway Tweed River Basin District, has the same meaning as in regulation 2 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004;

(iii)in relation to a river basin district within the meaning of the WFD Regulations, has the same meaning as in those Regulations.

8. In paragraph 6(c), “the Landfill Directive” means Council Directive 1999/31/EC on the landfill of waste, as last amended by Directive (EU) 2018/850, and read as if, in Article 2—

(a)in point (a) “‘waste’,” were omitted; and

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

(aa)“waste” means anything that—

(i)is waste within the meaning of Article 3(1) of Directive 2008/98/EC, 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;.

9.In paragraph 7—

(a)in point (a), “the appropriate authority” has the meaning given by Article 2A(9);

(b)in point (b), “the WFD Regulations” means the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017.]

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