Regulation 5(1)
1. This Schedule lists the activities for which there is liability under regulation 5(1).
2. The operation of installations subject to permit in pursuance of—
(a)Council Directive 96/61/EC concerning integrated pollution prevention and control(1);
(b)Directive 2008/1/EC of the European Parliament and of the Council concerning integrated pollution prevention and control(2) (all activities listed in Annex I to that Directive with the exception of installations or parts of installations used for research, development and testing of new products and processes); or
(c)Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control)(3).
3.—(1) Waste management operations, including the collection, transport, recovery and disposal of waste and hazardous waste, including the supervision of such operations and after-care of disposal sites, subject to permit or registration in pursuance of—
(a)Council Directive 75/439/EEC on the disposal of waste oils(4);
(b)Council Directive 75/442/EEC on waste(5);
(c)Council Directive 91/689/EEC on hazardous waste(6);
(d)Directive 2006/12/EC of the European Parliament and of the Council on waste(7); or
(e)Directive 2008/98/EC of the European Parliament and of the Council on waste(8).
(2) The operation of—
(a)landfill sites under Council Directive 1999/31/EC on the landfill of waste(9); or
(b)incineration plants under—
(i)Directive 2000/76/EC of the European Parliament and of the Council on the incineration of waste(10); or
(ii)Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control).
(3) The activities to which these Regulations apply do not include the spreading of sewage sludge from urban waste water treatment plants, treated to an approved standard, for agricultural purposes.
4. The management of extractive waste under Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries(11).
5.—(1) All discharges into the inland surface water that require prior authorisation in pursuance of—
(a)Council Directive 76/464/EEC on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community(12); or
(b)Directive 2006/11/EC of the European Parliament and of the Council on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community(13).
(2) All discharges of substances into groundwater that required prior authorisation in pursuance of—
(a)Council Directive 80/68/EEC on the protection of groundwater against pollution caused by certain dangerous substances(14);
(b)Directive 2006/118/EC of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration(15).
(3) All discharges or injections of pollutants into surface water or groundwater that require a permit, authorisation or registration under Directive 2000/60/EC.
6. Water abstraction and impoundment of water subject to prior authorisation in pursuance of Directive 2000/60/EC.
7. Manufacture, use, storage, processing, filling, release into the environment and onsite transport of—
(a)dangerous substances as defined in Article 2(2) of Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous substances(16);
(b)hazardous substances as defined in Article 3 of Regulation (EC) No. 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures(17);
(c)dangerous preparations as defined in Article 2(2) of Directive 1999/45/EC of the European Parliament and of the Council concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations(18);
(d)plant protection products (which has the same meaning as in Article 2(1) of Regulation (EC) No. 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market(19); and
(e)biocidal products as defined in Article 2(1)(a) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market(20), or as defined in Article 3(1)(a) of Regulation (EU) No. 528/2012 of the European Parliament and of the Council concerning the making available on the market and use of biocidal products(21).
8. Transport by road, rail, inland waterways, sea or air of dangerous goods or polluting goods as defined in—
(a)Annex A to Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road(22);
(b)the Annex to Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail(23);
(c)Council Directive 93/75/EEC concerning minimum requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting goods(24);
(d)Directive 2002/59/EC of the European Parliament and of the Council establishing a Community vessel traffic monitoring and information system(25); and
(e)Directive 2008/68/EC of the European Parliament and of the Council on the inland transport of dangerous goods(26).
9.—(1) Any contained use, including transport, involving genetically modified organisms (including genetically modified micro-organisms as defined by Council Directive 90/219/EEC on the contained use of genetically modified micro-organisms)(27).
(2) Any deliberate release into the environment, transport and placing on the market of genetically modified organisms as defined by Directive 2001/18/EC of the European Parliament and of the Council on the deliberate release into the environment of genetically modified organisms(28).
10. Transboundary shipment of waste within, into or out of the Community, requiring an authorisation or prohibited under—
(a)Council Regulation (EEC) No. 259/93 on the supervision and control of shipments of waste within, into and out of the European Community(29); or
(b)Regulation (EC) No. 1013/2006 of the European Parliament and of the Council on shipments of waste(30).
11. The operation of storage sites pursuant to Directive 2009/31/EC of the European Parliament and of the Council on the geological storage of carbon dioxide(31).
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