The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019

Commission Regulation (EU) No 1179/2012 establishing criteria determining when glass cullet ceases to be waste under Directive 2008/98/EC of the European Parliament and of the Council U.K.

11.—(1) Commission Regulation (EU) No 1179/2012 establishing criteria determining when glass cullet ceases to be waste under Directive 2008/98/EC of the European Parliament and of the Council is amended as follows.

(2) In Article 2, in the second paragraph—

(a) after point (1) insert—

“(1A) “competent authority” means—

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

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

(c) in relation to Scotland, the Scottish Environment Protection Agency;

(d) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;”;

(b) in point (4)—

(i) for “Union” in the first place it occurs substitute “ United Kingdom ”;

(ii) for “customs territory of the Union” substitute “ United Kingdom ”.

(3) After Article 2 insert—

“Article 2A U.K. Modification of Directive 2008/98/EC of the European Parliament and of the Council

1.   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 [F1 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 [F2 IP completion day], was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion.

[F3 3.   Article 5 is to be read as if—

(a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

(b) after paragraph 1 there were inserted—

“1A.   Any decision as to whether a substance or object is a by-product must be made—

(a) in accordance with any regulations setting out detailed criteria on the application of the conditions in paragraph 1 to specific substances or objects; and

(b) having regard to any guidance published by the appropriate authority or the competent authority for the purposes of this Article.”;

(c) paragraphs 2 and 3 were omitted.

4.   Article 6 is to be read as if—

(a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

(b) after paragraph 1 there were inserted—

“1A.   Any decision as to whether a substance or object has ceased to be waste must be made—

(a) in accordance with any regulations or retained direct EU legislation setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; and

(b) having regard to any guidance published by the appropriate authority or the competent authority for the purposes of this Article.”;

(c) in paragraph 2—

(i) the first subparagraph were omitted;

(ii) in the second subparagraph, for “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;

(iii) the third and fourth subparagraphs were omitted;

(d) paragraph 3 were omitted;

(e) in paragraph 4—

(i) in the first subparagraph—

(aa) in 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”;

(bb) the second sentence were omitted;

(ii) in the second subparagraph—

(aa) for “Member States” there were substituted “The competent authority”;

(bb) “by competent authorities” were omitted.

5.   Article 7 is to be read as if—

(a) before paragraph 1 there were inserted—

“A1.   In 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).”;

(b) in paragraph 1—

(i) the first and second sentences were omitted;

(ii) for 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.”;

(c) paragraphs 2, 3, 6 and 7 were omitted.]

6.   Annex 3 is to be read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted.

7.   In [F4 this Article]—

(a) “appropriate authority” means—

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

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

(iii) in relation to Scotland, the Scottish Ministers;

(iv) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

(b) “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 Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

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

(4) In Article 5—

(a) in paragraph 4—

(i) in the first sentence, omit the words from “, or an environmental” to “with that Regulation” in the second place it occurs;

(ii) in the third sentence, for the words from “NACE codes” to the end substitute “ UK Standard Industrial Classification (SIC) by Economic Activity, issued under section 9 of the Statistics and Registration Service Act 2007 M1 , as updated from time to time M2 ”;

(iii) in the first and second indents, for “* NACE” substitute “ UKSICEA ”;

(b) in paragraph 5—

(i) in the second subparagraph, omit the words from “; or by” to the end;

(ii) in the third subparagraph, omit the words from “or Regulation (EC)” to the end;

(c) after paragraph 6, insert—

“7.   In paragraph 5, “independent external verifier” means—

(a) a conformity assessment body as defined in Regulation (EC) No 765/2008;

(b) a conformity assessment body as defined in Regulation (EC) No 765/2008 as it has effect in EU law which is accredited by an accreditation body successfully peer evaluated for this activity by the body recognised in Article 14 of that Regulation as it has effect in EU law;

(c) any other environmental verifier as defined in Article 2(20)(b) of Regulation (EC) No 1221/2009 of the European Parliament and of the Council on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) as it has effect in EU law, which is accredited or licensed by an accreditation or licensing body which is subject to peer evaluation according to Article 31 of that Regulation as it has effect in EU law.”.

(5) After Article 5 insert—

“Article 5A U.K. EU exit: transitional provision

1.   Paragraph 3 applies to verification obtained in compliance with Article 5 as it had effect immediately before [F5 IP completion day].

2.   Paragraph 3 also applies where—

(a) before exit day, a producer or supplier of an importer has submitted a management system to a conformity assessment body or an environmental verifier for verification in compliance with Article 5 as it had effect immediately before [F5 IP completion day], and

(b) after [F5 IP completion day], the producer or supplier obtains that verification.

3.   Where this paragraph applies, the verification obtained is deemed to be verification for the purposes of Article 5.”.

(6) Omit Article 6.

(7) After Article 6, omit the words from “This Regulation shall” to “Member States”.

(8) In Annex 2, in the fifth entry in the table, in the second column, omit the words from “or by an environmental verifier” to the end.

Textual Amendments

F1 Words in reg. 11(3) substituted (31.12.2020 immediately before IP completion day) by The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 14(7)(a)(i)

F2 Words in reg. 11(3) substituted (31.12.2020 immediately before IP completion day) by The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 14(7)(a)(ii)

F3 Words in reg. 11(3) substituted (31.12.2020 immediately before IP completion day) by The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 14(7)(a)(iii)

F4 Words in reg. 11(3) substituted (31.12.2020 immediately before IP completion day) by The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 14(7)(a)(iv)

F5 Words in reg. 11(5) substituted (31.12.2020 immediately before IP completion day) by The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 14(7)(b)

Commencement Information

I1 Reg. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

Marginal Citations

M1 2007 c. 18.

M2 A copy of the UK Standard Industrial Classification by Economic activity can be found at: https://www.ons.gov.uk/methodology/classificationsandstandards/ukstandardindustrialclassificationofeconomicactivities.