Meaning of “the Mining Waste Directive” and “the Industrial Emissions Directive”
Article 2B
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.
Arts. 2A, 2B inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 9(3) (as amended by S.I. 2020/1540, regs. 1(3), 14(5)(a)(b)); 2020 c. 1, Sch. 5 para. 1(1)