The Fisheries and Marine Management (Amendment) (Wales) (EU Exit) Regulations 2019

The Marine Licensing (Exempted Activities) (Wales) Order 2011 E+W

3.—(1) The Marine Licensing (Exempted Activities) (Wales) Order 2011 M1 is amended as follows.

(2) After article 3, insert—

“Modification of the Waste Framework Directive

3A— (1) For the purposes of this Order, the Waste Framework Directive is to be 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 appropriate authority or local authority which, immediately before exit day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion in respect of Wales.

(3) Article 2 is to be read as if—

(a) in paragraph 2—

(i) in the words immediately before point (a), for “other Community legislation” there were substituted “ retained EU law ”;

(ii) in points (b) and (c), for “Regulation (EC) No 1774/2002” there were substituted “ Regulation (EC) No 1069/2009 ”;

(iii) in point (d), for the words from “Directive 2006/21/EC M2 ” to the end there were substituted “ the Mining Waste Directive ”;

(b) in paragraph 3, the words from “Without prejudice” to “Community legislation” were omitted;

(c) paragraph 4 were omitted.

(4) Article 5 is to be read as if paragraph 2 were omitted.

(5) Article 6 is to be read as if—

(a) paragraphs 1 to 3 were omitted;

(b) in paragraph 4—

(i) in the first sentence, for the words from “Where criteria” to “paragraphs 1 and 2” there were substituted “ Except where waste ceases to be waste in accordance with Council Regulation (EU) No 333/2011, Commission Regulation (EU) No 1179/2012 or Commission Regulation (EU) No 715/2013 ”;

(ii) the second sentence were omitted.

(6) Article 7 is to be read as if—

(a) in paragraph 1—

(i) the first and second sentences were omitted;

(ii) in the third sentence, for “shall be binding” there were substituted “ shall, subject to paragraph 1A, be binding ”;

(b) after paragraph 1, there were inserted—

“1A.   Paragraph 1 is subject to—

(a) a determination by the Welsh Ministers under regulation 8(1) of the Hazardous Waste (Wales) Regulations 2005 M3 that a specific batch of waste is to be treated as hazardous waste;

(b) a decision made by the Welsh Ministers under [F1 regulation 9(1) of the Hazardous Waste (Wales) Regulations 2005] M4 that a specific batch of waste is to be treated as non-hazardous waste;

(c) the treating of a specific batch of waste as hazardous or, as the case may be, non-hazardous, in accordance with regulation 8(2) or 9(2) of the Hazardous Waste (Wales) Regulations 2005;

(d) regulations (if any) made by the Welsh Ministers under section 62A(2) of the Environmental Protection Act 1990 M5 (lists of waste displaying hazardous properties).”;

(c) paragraphs 2, 3 and 5 were omitted;

(d) after paragraph 6, there were inserted—

“6A.   In this Article, the “list of waste” means the list established by Commission Decision 2000/532/EC.”;

(e) paragraph 7 were omitted.

(7) Article 23 is to be read as if—

(a) a reference to the “competent authority” were a reference to the “appropriate authority”;

(b) in paragraph 5, “or Community” 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.

(9) In reading the Waste Framework Directive in accordance with this article—

(a) “appropriate authority” (“awdurdod priodol”) means the Welsh Ministers or the Natural Resources Body for Wales;

(b) “local authority” (“awdurdod lleol”) means a county council or county borough council in Wales.

Meaning of “Mining Waste Directive”

3B— (1) In reading Article 2 of the Waste Framework Directive in accordance with article 3A, the reference to “the Mining Waste Directive” (as inserted by article 3A(3)(a)(iii)) 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) to (4).

(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 M6 were a reference to that Article read in accordance with paragraph (4) 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 the Waste Framework Directive, as read with Articles 5 and 6 of that Directive ”.

(4) In reading the Mining Waste Directive in accordance with this article, the reference to the “Waste Framework Directive” (as inserted by paragraph (3)) has the meaning given by article 3 of this Order read in accordance with article 3A.

(5) For the purposes of paragraph (2), Article 11(3)(j) of Directive 2000/60/EC is to be read as if—

(a) the references to “Member States” were references to the “Welsh Ministers or the Natural Resources Body for Wales”;

(b) at the end, there were inserted—

“and “environmental objective”, in relation to a river basin district (within the meaning of the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017) M7 , has the same meaning as in those Regulations.””

(3) In article 33(2)—

(a) in sub-paragraph (a), for “(other than Gibraltar) which is not a Member State; and” substitute “ other than the United Kingdom. ”;

(b) omit sub-paragraph (b).

Textual Amendments

F1 Words in reg. 3(2) substituted (31.12.2020 immediately before IP completion day) by The Fisheries and Marine Management (Amendment) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1249), regs. 1(2), 3

Commencement Information

I1 Reg. 3 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)

Marginal Citations

M1 S.I. 2011/559 (W. 81) as amended by S.I. 2013/414 (W. 50), S.I. 2013/755 (W. 90), S.I. 2016/690 (W. 188), S.I. 2017/1012, S.I. 2017/1013, S.I. 2018/724 (W. 141), and by the Wales Act 2017 (c. 4).

M2 OJ No L 102, 11.4.2006, p 15, as amended by Regulation (EC) No 596/2009 of the European Parliament and of the Council (OJ No L 188, 18.7.2009, p 14).

M3 S.I. 2005/1806 (W. 183).

M4 S.I. 2005/894.

M5 1990 c. 43.

M6 OJ No L 327, 22.12.2000, p 1, as last amended by Commission Directive 2014/101/EU (OJ No L 311, 31.10.2014, p 32).

M7 S.I. 2017/407, to which there are amendments not relevant to these Regulations.