The Waste (England and Wales) Regulations 2011

[F1 Modification of the Waste Framework Directive U.K.

3D.— (1) For the purposes of these Regulations, the Waste Framework Directive is to be read in accordance with this regulation.

(2) A reference to one or more member States in a provision imposing an obligation or providing a discretion on a member State or member States is to be read as a reference to the appropriate authority, appropriate body 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 in England or Wales.

(3) Article 2 is to be read as if—

(a) in paragraph 2—

(i) in the words 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” to the end, there was 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 3 is to be read as if, in point (2), 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—

(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 appropriate body for the purposes of this Article.”;

(c) paragraphs 2 and 3 were omitted.

(6) 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 appropriate body 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 appropriate body”;

(bb) the second sentence were omitted;

(ii) in the second subparagraph—

(aa) for “Member States” there were substituted “The appropriate body”;

(bb) “by competent authorities” were omitted.

(7) 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 or in Wales (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.

(8) Article 16 is to be read as if—

(a) in paragraph 1, in the first subparagraph—

(i) the words from “, in cooperation with” to “advisable,” were omitted;

(ii) “, taking into account best available techniques” were omitted;

(b) in paragraph 2—

( i) for “Community as a whole to become” there were substituted “ United Kingdom as a whole to move towards becoming ”;

(ii) for the words from “and to enable” to “individually” were omitted.

(9) Article 23(1) and (3) is to be read as if for “competent authority” there were substituted “ appropriate body ”.

(10)  Article 35(1) is to be read as if, for the second paragraph, there were substituted—

“They shall make that data available to the appropriate body through any electronic registry established for the reporting of such data or, if no such registry is in operation, in such form and manner as the appropriate body may specify.”.

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

(12) Annex 4 is to be read as if—

(a) in paragraph 3, “at Community level” were omitted;

(b) in paragraph 6, for “this Directive and Directive 96/61/EC” there were substituted “ the Environmental Permitting (England and Wales) Regulations 2016 ”;

(c) in paragraph 7, for “Directive 96/61/EC”, there were substituted “ the Environmental Permitting (England and Wales) Regulations 2016 ”;

(d) in paragraph 10, “EMAS and” were omitted.

(13) Annex 4a is to be read as if, in point 6, “including through Union funds” were omitted.]

Textual Amendments

F1 Regs. 3A-3E inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 16(3) (as amended by S.I. 2019/1078, regs. 1, 4(4)(a) and S.I. 2020/1540, regs. 1(2)(3), 11(2)(10)(b)-(d)); 2020 c. 1, Sch. 5 para. 1(1)