http://www.legislation.gov.uk/eur/2013/715/article/2ACommission Regulation (EU) No 715/2013 of 25 July 2013 establishing criteria determining when copper scrap ceases to be waste under Directive 2008/98/EC of the European Parliament and of the CouncilCommission Regulation (EU) No 715/2013Commission Regulation (EU) No 715/2013 of 25 July 2013 establishing criteria determining when copper scrap ceases to be waste under Directive 2008/98/EC of the European Parliament and of the CouncilKing's Printer of Acts of Parliamenthttps://webarchive.nationalarchives.gov.uk/eu-exit/https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32013R0715texttext/xmlen2025-04-23Expert Participation2025-02-27 <Emphasis><Addition ChangeId="key-77bd6a1b42815817254c111e7f7a9715-1727350030991" CommentaryRef="key-77bd6a1b42815817254c111e7f7a9715">Modification of </Addition></Emphasis><Addition ChangeId="key-77bd6a1b42815817254c111e7f7a9715-1727350030991" CommentaryRef="key-77bd6a1b42815817254c111e7f7a9715">Directive </Addition><Citation URI="http://www.legislation.gov.uk/id/eudr/2008/98" id="c00071" Class="EuropeanUnionDirective" Year="2008" Number="98"><Addition ChangeId="key-77bd6a1b42815817254c111e7f7a9715-1727350030991" CommentaryRef="key-77bd6a1b42815817254c111e7f7a9715">2008/98/EC</Addition></Citation><Emphasis><Addition ChangeId="key-77bd6a1b42815817254c111e7f7a9715-1727350030991" CommentaryRef="key-77bd6a1b42815817254c111e7f7a9715"> of the European Parliament and of the Council</Addition></Emphasis>Article 2A1.For the purposes of this Regulation, a reference to Directive 2008/98/EC is a reference to Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Directive (EU) 2018/851, and read in accordance with this Article.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 competent authority, appropriate authority 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.3.Article 2 is to be read as if—ain paragraph 2—iin the words before point (a), for “other Community legislation” there were substituted “ assimilated law ”;iiin points (b) and (c), for “Regulation (EC) No 1774/2002” there were substituted “ Regulation (EC) No 1069/2009 ”;iiiin point (d), as it extends to England and Wales, for the words from “Directive 2006/21/EC” to the end there were substituted “ the Mining Waste Directive ”;ivfor point (d), as it extends to Scotland, there were substituted—dextractive waste, which has the same meaning as in regulation 2(1) of the Management of Extractive Waste (Scotland) Regulations 2010.;vfor point (d), as it extends to Northern Ireland, there were substituted—dextractive waste, which has the same meaning as in regulation 2(2) of the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015.;bin paragraph 3, the words from “Without prejudice” to “Community legislation,” were omitted;cparagraph 4 were omitted.4.Article 3(20) is to be read as if for “Article 2(11) of Directive 96/61/EC” there were substituted “ Article 3(10) of the Industrial Emissions Directive ”.5. Article 5 is to be read as if—ain paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;bafter paragraph 1 there were inserted—1AAny decision as to whether a substance or object is a by-product must be made—ain accordance with any regulations setting out detailed criteria on the application of the conditions in paragraph 1 to specific substances or objects; andbhaving regard to any guidance published by the appropriate authority or the competent authority for the purposes of this Article.;cparagraphs 2 and 3 were omitted. 6.Article 6 is to be read as if—ain paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;bafter paragraph 1 there were inserted—1AAny decision as to whether a substance or object has ceased to be waste must be made—ain accordance with any regulations or assimilated direct legislation setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; andbhaving regard to any guidance published by the appropriate authority or the competent authority for the purposes of this Article.;cin paragraph 2—ithe first subparagraph were omitted;iiin the second subparagraph, for “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;iiithe third and fourth subparagraphs were omitted;dparagraph 3 were omitted;ein paragraph 4—iin the first subparagraph—aain 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 competent authority”;bbthe second sentence were omitted;iiin the second subparagraph—aafor “Member States” there were substituted “The competent authority”;bb“by competent authorities” were omitted.7.Article 7 is to be read as if—abefore paragraph 1 there were inserted—A1In 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 England, Wales, Scotland or Northern Ireland (as the case may be).;bin paragraph 1—ithe first and second sentences were omitted;iifor 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.”;cparagraphs 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.Arts. 2A, 2B inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 12(3) (as amended by S.I. 2020/1540, regs. 1(3), 14(8)(a)(b)); 2020 c. 1, Sch. 5 para. 1(1)Word in Art. 2A(3)(a)(i) 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. 101(2)Words in Art. 2A(6)(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. 101(3)