http://www.legislation.gov.uk/eur/2019/1021/article/2C/2025-05-21Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants (recast) (Text with EEA relevance)Regulation (EU) 2019/1021 of the European Parliament and of the CouncilRegulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants (recast) (Text with EEA relevance)King's Printer of Acts of Parliamenthttps://webarchive.nationalarchives.gov.uk/eu-exit/https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02019R1021-20200907texttext/xmlen2025-12-18Expert Participation2025-05-21 <Addition ChangeId="key-30b4f85b8b86385582f1a7c211feb858-1692702176353" CommentaryRef="key-30b4f85b8b86385582f1a7c211feb858">References to </Addition><Citation URI="http://www.legislation.gov.uk/european/directive/2008/0098" id="c00001" Class="EuropeanUnionDirective" Year="2008" Number="0098"><Addition ChangeId="key-30b4f85b8b86385582f1a7c211feb858-1692702176353" CommentaryRef="key-30b4f85b8b86385582f1a7c211feb858">Directive 2008/98/EC</Addition></Citation>Article 2C1For the purposes of this Regulation, “Directive 2008/98/EC” means Directive 2008/98/EC as last amended by Directive (EU) 2018/851 and read in accordance with paragraphs 2 and 3.2Article 5 of Directive 2008/98/EC 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.3Article 6 of Directive 2008/98/EC 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 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 appropriate authority”;bb“by competent authorities” were omitted.Arts. 2A-2C inserted (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 9Words in Art. 2C(3)(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. 131(2)