http://www.legislation.gov.uk/uksi/2019/188The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019texttext/xmlenEXITING THE EUROPEAN UNIONENVIRONMENTAL PROTECTIONHEALTH AND SAFETY, ENGLAND AND WALESWASTEStatute Law Database2025-09-10Expert Participation2020-12-31 These Regulations make amendments to subordinate legislation in the field of waste, and, in particular, amend legislation in relation to end-of-life vehicles, hazardous waste, controlled waste, waste batteries and accumulators, the management of waste from extractive industries, waste electrical and electronic equipment, and packaging waste, The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019reg. 13(3)The Environment and Rural Affairs (Amendment) (EU Exit) Regulations 2019reg. 4(3)reg. 1 2019 No. 188Exiting The European UnionEnvironmental ProtectionHealth And Safety, England And WalesWasteThe Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019Sift requirements satisfied16th January 2019Made31st January 2019Laid before Parliament7th February 2019Coming into force in accordance with regulation 1(2)The Secretary of State makes these Regulations in exercise of the powers conferred by—in relation to Part 1, the powers mentioned in paragraphs (b) and (c);in relation to Part 2, section 2(2) of the European Communities Act 1972 ;in relation to the remainder of the Regulations, section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 .The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to—batteries and accumulators ;matters relating to the prevention and recovery of waste electrical and electronic equipment ;matters relating to the prevention of waste from vehicles and forms of recovery of end-of-life vehicles and their components ;measures relating to the prevention, reduction and elimination of pollution caused by waste ;measures relating to the prevention, reduction and elimination of pollution caused by waste and the management of packaging and packaging waste .The requirements of paragraph 3(2) of Schedule 7 to the European Union (Withdrawal) Act 2018 (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.PART 1IntroductoryCitation and commencement11These Regulations may be cited as the Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019.2They come into force as follows—aas regards this Part and Part 2, 21 days after the day on which they are laid;bas regards the remainder, on exit day.<Addition ChangeId="key-e46607d9563745d05f455524ee6ba982-1624882998888" CommentaryRef="key-e46607d9563745d05f455524ee6ba982">Extent</Addition>1A1Subject to paragraph (2), the amendments made by Parts 2 and 3 have the same extent as the Regulations being amended.2The amendments made by regulations 18 and 20 do not extend to Northern Ireland.PART 2Amendment of out of date referencesThe End-of-Life Vehicles Regulations 200321The End-of-Life Vehicles Regulations 2003 are amended as follows.2In regulation 2—afor the definition of “authorised treatment facility” substitute—“authorised treatment facility” means any establishment or undertaking carrying out treatment operations which holds—ain England or Wales, an environmental permit authorising those operations granted under regulation 13(1) of the Environmental Permitting (England and Wales) Regulations 2016 ;bin Scotland, a site licence that complies with the relevant provisions of regulation 3 to 6 of the End-of-Life Vehicles (Storage and Treatment) (Scotland) Regulations 2003 or a permit issued under regulation 13 of the Pollution Prevention and Control (Scotland) Regulations 2012 ;cin Northern Ireland—ia site licence that meets the requirements of regulation 26 of, and Schedule 5 to, the Waste Management Licensing Regulations (Northern Ireland) 2003 ;iia permit granted under regulation 10 of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013 ;;bin the definition of “end-of-life vehicle”, as it extends to Northern Ireland, for “Article 1(a)” substitute “ Article 3(1) ”;cin the definition of “recovery”, as it extends to Northern Ireland, for “Annex IIB” substitute “ Annex 2 ”.The End-of-Life Vehicles (Producer Responsibility) Regulations 200531The End-of-Life Vehicles (Producer Responsibility) Regulations 2005 are amended as follows.2In regulation 2—afor the definition of “authorised treatment facility” substitute—“authorised treatment facility” means any establishment or undertaking carrying out treatment operations which holds—ain England or Wales, an environmental permit authorising those operations granted under regulation 13(1) of the Environmental Permitting (England and Wales) Regulations 2016;bin Scotland, a site licence that complies with the relevant provisions of regulations 3 to 6 of the End-of-Life Vehicles (Storage and Treatment) (Scotland) Regulations 2003 or a permit issued under regulation 13 of the Pollution Prevention and Control (Scotland) Regulations 2012;cin Northern Ireland—ia site licence that meets the requirements of regulation 26 of, and Schedule 5 to, the Waste Management Licensing Regulations (Northern Ireland) 2003;iia permit granted under regulation 10 of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;;bin the definition of “end-of-life vehicle”, as it extends to Northern Ireland, for “Article 1(a)” substitute “ Article 3(1) ”;cin the definition of “recovery”, as it extends to Northern Ireland, for “Annex IIB” substitute “ Annex 2 ”.The Producer Responsibility Obligations (Packaging Waste) Regulations 200741The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 are amended as follows.2In regulation 2(1)—ain the definition of “the Packaging Waste Directive”, at the end insert “, as last amended by Directive (EU) 2015/720 ;bin the definition of “the Waste Directive”, as it extends to Scotland, at the end insert “ , as last amended by Council Regulation (EU) 2017/997 ”.3In Schedule 5, in paragraph 1(r)—ain paragraph (i), after “waste”, insert “ , as last amended by Commission Regulation (EU) 2015/2002 ”;bin paragraph (ii), after “apply”, insert “ , as last amended by Commission Regulation (EU) No 733/2014 ”.The Batteries and Accumulators (Placing on the Market) Regulations 200851The Batteries and Accumulators (Placing on the Market) Regulations 2008 are amended as follows.2In regulation 7, in paragraph (3), for the words after “Article”, substitute “ 3(1) of Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Council Regulation (EU) 2017/997/EU ”.The Waste Batteries and Accumulators Regulations 200961The Waste Batteries and Accumulators Regulations 2009 are amended as follows.2In regulation 2—ain paragraph (1)—ifor the definition of “best available techniques” substitute—best available techniques” has the meaning given in Article 2(2), as read with Article 2(3), of Decision 2012/134/EU establishing the best available techniques (BAT) conclusions under Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions for the manufacture of glass ;;iiin the definitions of “disposal” and “waste battery”, as those definitions extend to England and Wales and Scotland, for the words from “Directive 2008/98/EC ” to the end substitute “ the Waste Framework Directive ”;iiiin the definition of “disposal”, as it extends to Northern Ireland, for the words from “Annex IIA” to the end substitute “ Annex 1 to the Waste Framework Directive ”;ivin the definition of “waste battery”, as it extends to Northern Ireland, for “Article 1(1)(a) of Directive 2006/12/EC” substitute “ Article 3(1) of the Waste Framework Directive ”;bafter paragraph (1) insert—1AIn paragraph (1), “the Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Council Regulation (EU) 2017/997/EU..3In regulation 56—ain paragraph (3), for “Council Directive 1999/31/EC on the landfill of waste ” substitute “ the Landfill Directive ”;bafter paragraph (3) insert—4In paragraph (3), “the Landfill Directive” means Council Directive 1999/31/EC on the landfill of waste, as last amended by Council Directive 2011/97/EU ..The Controlled Waste (England and Wales) Regulations 201271The Controlled Waste (England and Wales) Regulations 2012 are amended as follows.2In regulation 2—ain the definition of “Directive waste”, in sub-paragraph (a), for “Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives” substitute “ the Waste Directive ”;bat the end, insert—“Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Council Regulation (EU) 2017/997/EU..The Waste Electrical and Electronic Equipment Regulations 201381The Waste Electrical and Electronic Equipment Regulations 2013 are amended as follows.2In regulation 2—afor the definition of “the Directive”, substitute—“the Directive” means Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE) , as it had effect immediately before 4th July 2018;;bin the definition of “relevant authorisation”, in paragraph (a), for “regulation 11”, substitute “ regulation 13 ”.PART 3Amendments to secondary legislationThe End-of-Life Vehicles Regulations 200391The End-of-Life Vehicles Regulations 2003 are amended as follows.2In regulation 2—ain the definition of “end-of-life vehicle” (as amended by regulation 2(2)(b)), at the end insert “ , as read with Articles 5 and 6 of that Directive ”;bin the definition of “producer”, for “a member State” substitute “ the United Kingdom ”;c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .din the definition of “the Waste Directive”, at the end insert “ , and read in accordance with regulation 2A ”.3After regulation 2, insert—Modification of the Waste Directive2A1For the purposes of these Regulations, the Waste Directive is to be read in accordance with this regulation.2 Article 5 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 appropriate agency for the purposes of this Article.;cparagraphs 2 and 3 were omitted. 3Article 6 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 retained direct EU 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 appropriate agency 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 out as referred to in paragraph 1A(a), the appropriate agency”;bbthe second sentence were omitted;iiin the second subparagraph—aafor “Member States” there were substituted “The appropriate agency”;bb“by competent authorities” were omitted.4In this regulation—“appropriate agency” means—in relation to England, the Environment Agency;in relation to Wales, the Natural Resources Body for Wales;in relation to Scotland, the Scottish Environment Protection Agency;in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;“appropriate authority” means—in relation to England, the Secretary of State;in relation to Wales, the Welsh Ministers;in relation to Scotland, the Scottish Ministers;in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs..4In regulation 3(3), omit “EU or”.5In regulation 4—afor the heading, substitute “ Existing legislation ”;bfor “existing EU legislation and relevant national legislation” substitute “any other relevant legislation”.6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7For regulation 15 substitute—<P1><Pnumber>15</Pnumber><P1para><Text>For the purposes of regulation 14, “<Term>material and component coding standards</Term>” means the nomenclature of the material and component coding standards for end-of-life vehicles set out in Schedule 2.</Text></P1para></P1></P1group></BlockAmendment><AppendText>.</AppendText></P2para></P2><P2 DocumentURI="http://www.legislation.gov.uk/uksi/2019/188/regulation/9/8" IdURI="http://www.legislation.gov.uk/id/uksi/2019/188/regulation/9/8" id="regulation-9-8"><Pnumber>8</Pnumber><P2para><Text>In regulation 18(2), in the words before sub-paragraph (a), for “objectives in Article 7 of the Directive, that is to say” substitute <InlineAmendment>“ following objectives ”</InlineAmendment>.</Text></P2para></P2><P2 DocumentURI="http://www.legislation.gov.uk/uksi/2019/188/regulation/9/9" IdURI="http://www.legislation.gov.uk/id/uksi/2019/188/regulation/9/9" id="regulation-9-9"><Pnumber>9</Pnumber><P2para><Text>In regulation 29, omit the words from “, which sets out” to the end.</Text></P2para></P2><P2 DocumentURI="http://www.legislation.gov.uk/uksi/2019/188/regulation/9/10" IdURI="http://www.legislation.gov.uk/id/uksi/2019/188/regulation/9/10" id="regulation-9-10"><Pnumber><Substitution ChangeId="key-58613188aaf292019aeaf6a02a2a43b0-1624891903523" CommentaryRef="key-58613188aaf292019aeaf6a02a2a43b0">10</Substitution></Pnumber><P2para><Text><Substitution ChangeId="key-58613188aaf292019aeaf6a02a2a43b0-1624891903523" CommentaryRef="key-58613188aaf292019aeaf6a02a2a43b0">In regulation 33—</Substitution></Text><P3 DocumentURI="http://www.legislation.gov.uk/uksi/2019/188/regulation/9/10/a" IdURI="http://www.legislation.gov.uk/id/uksi/2019/188/regulation/9/10/a" id="regulation-9-10-a"><Pnumber><Substitution ChangeId="key-58613188aaf292019aeaf6a02a2a43b0-1624891903523" CommentaryRef="key-58613188aaf292019aeaf6a02a2a43b0">a</Substitution></Pnumber><P3para><Text><Substitution ChangeId="key-58613188aaf292019aeaf6a02a2a43b0-1624891903523" CommentaryRef="key-58613188aaf292019aeaf6a02a2a43b0">in paragraphs (a) and (b), for “another” substitute </Substitution><InlineAmendment><Substitution ChangeId="key-58613188aaf292019aeaf6a02a2a43b0-1624891903523" CommentaryRef="key-58613188aaf292019aeaf6a02a2a43b0">“ an ”</Substitution></InlineAmendment><Substitution ChangeId="key-58613188aaf292019aeaf6a02a2a43b0-1624891903523" CommentaryRef="key-58613188aaf292019aeaf6a02a2a43b0">;</Substitution></Text></P3para></P3><P3 DocumentURI="http://www.legislation.gov.uk/uksi/2019/188/regulation/9/10/b" IdURI="http://www.legislation.gov.uk/id/uksi/2019/188/regulation/9/10/b" id="regulation-9-10-b"><Pnumber><Substitution ChangeId="key-58613188aaf292019aeaf6a02a2a43b0-1624891903523" CommentaryRef="key-58613188aaf292019aeaf6a02a2a43b0">b</Substitution></Pnumber><P3para><Text><Substitution ChangeId="key-58613188aaf292019aeaf6a02a2a43b0-1624891903523" CommentaryRef="key-58613188aaf292019aeaf6a02a2a43b0">for the words after paragraph (b), substitute— </Substitution><InlineAmendment><Substitution ChangeId="key-58613188aaf292019aeaf6a02a2a43b0-1624891903523" CommentaryRef="key-58613188aaf292019aeaf6a02a2a43b0">“ and containing at least the information listed in Schedule 3 has legal effect, and all rights, powers, liabilities, obligations and restrictions arising out of or incidental to such certificates or their issue shall be recognised and available in law, and be enforced, allowed and followed accordingly. ”</Substitution></InlineAmendment><Substitution ChangeId="key-58613188aaf292019aeaf6a02a2a43b0-1624891903523" CommentaryRef="key-58613188aaf292019aeaf6a02a2a43b0">.</Substitution></Text></P3para></P3></P2para></P2><P2 DocumentURI="http://www.legislation.gov.uk/uksi/2019/188/regulation/9/11" IdURI="http://www.legislation.gov.uk/id/uksi/2019/188/regulation/9/11" id="regulation-9-11"><Pnumber>11</Pnumber><P2para><Text>In Schedule 3—</Text><P3 DocumentURI="http://www.legislation.gov.uk/uksi/2019/188/regulation/9/11/a" IdURI="http://www.legislation.gov.uk/id/uksi/2019/188/regulation/9/11/a" id="regulation-9-11-a"><Pnumber>a</Pnumber><P3para><Text>in the heading, omit the words from “issued” to the end;</Text></P3para></P3><P3 DocumentURI="http://www.legislation.gov.uk/uksi/2019/188/regulation/9/11/b" IdURI="http://www.legislation.gov.uk/id/uksi/2019/188/regulation/9/11/b" id="regulation-9-11-b"><Pnumber>b</Pnumber><P3para><Text>in paragraph 2, omit “(in accordance with Article 6(2) of the Directive)”.</Text></P3para></P3></P2para></P2></P1para></P1></P1group><P1group RestrictExtent="E+W+S+N.I." RestrictStartDate="2020-12-31"><Title>The End-of-Life Vehicles (Producer Responsibility) Regulations 2005101The End-of-Life Vehicles (Producer Responsibility) Regulations 2005 are amended as follows.2In regulation 2—ain the definition of “the Directive”, at the end insert “ and as read in accordance with regulation 2A ”;bafter the definition of “the Directive”, insert—“appropriate agency” means—ain relation to England, the Environment Agency,bin relation to Wales, the Natural Resources Body for Wales,cin relation to Scotland, the Scottish Environment Protection Agency,din relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;“appropriate authority” means—ain relation to England, the Secretary of State,bin relation to Wales, the Welsh Ministers,cin relation to Scotland, the Scottish Ministers,din relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;;cin the definition of “end-of-life vehicle” (as amended by regulation 3(2)(b)), at the end insert “ , as read with Articles 5 and 6 of that Directive ”;dafter the definition of “end-of-life vehicle” insert—“local authority” means—ain England outside Greater London—ia district council,iia county council, oriiithe Council of the Isles of Scilly;bin Greater London—ithe council of a London borough,iithe Common Council of the City of London,iiithe Sub-Treasurer of the Inner Temple, orivthe Under-Treasurer of the Middle Temple;cin Wales—ia county council, oriia county borough council;din Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ;ein Northern Ireland, a district council established under section 1 of the Local Government Act (Northern Ireland) 1972 ;.e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .fin the definition of “the Waste Directive”, at the end insert “ , and as read in accordance with regulation 2B ”.3After regulation 2, insert—Modification of the Directive2A1For the purposes of these Regulations, the Directive is to be read in accordance with this regulation.2A 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, appropriate agency 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.3A term used in the Directive which is defined in regulation 2 has the same meaning as in regulation 2.4Article 2 is to be read as if paragraphs 1, 2, 5 and 8 were omitted.5Article 5 is to be read as if—a in paragraph 3—iin the first paragraph, for “Treatment facilities, which have obtained a permit in accordance with Article 6,” there were substituted “Authorised treatment facilities”;iiin the third paragraph, the final sentence were omitted; bin paragraph 4, the fourth paragraph were omitted;cparagraph 5 were omitted.6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Modification of the Waste Directive2B1For the purposes of these Regulations, the Waste Directive is to be read in accordance with this regulation.2A 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, appropriate agency 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.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Article 5 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 appropriate agency for the purposes of this Article.;cparagraphs 2 and 3 were omitted. 5Article 6 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 retained direct EU 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 appropriate agency 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 out as referred to in paragraph 1A(a), the appropriate agency”;bbthe second sentence were omitted;iiin the second subparagraph—aafor “Member States” there were substituted “The appropriate agency”;bb“by competent authorities” were omitted.6Article 7 is to be read as if—abefore paragraph 1 there were inserted—A1In 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).;bin paragraph 1—ithe first and second sentences were omitted;iifor 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.”;cparagraphs 2, 3, 6 and 7 were omitted.7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9Annex 3 is to read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted.<CommentaryRef Ref="key-103557420ec4d57a2b8b12945ba98ae2"/>....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..4In regulation 3(2), for “the appropriate Community or domestic provisions” substitute “any relevant legislation”.5In regulation 4—afor the heading, substitute “ Existing legislation ”;bfor “existing EU legislation and relevant national legislation” substitute “any other relevant legislation”.6In regulation 5—aafter “apply to” insert “ vehicles approved as ”;b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7In regulation 12(1), for “the requirements of Article 6 and Annex I of the Directive” substitute “the requirements set out in Annex 1 to the Directive, and the general requirements referred to in Article 13 of the Waste Directive”.The Hazardous Waste (England and Wales) Regulations 2005111The Hazardous Waste (England and Wales) Regulations 2005 are amended as follows.2In regulation 2(1)—ain sub-paragraph (a), at the end insert “ , and as read in accordance with regulation 2A ”;bin sub-paragraph (b)(i), at the end insert “ , as read with Articles 5 and 6 of that Directive ”.3After regulation 2 insert—Modification of the Waste Directive2A1For the purposes of these Regulations, the Waste Directive is to be read in accordance with this regulation.2A 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 IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion in respect of England.3Article 2 is to be read as if—ain paragraph 2—iin the words before point (a), for “other Community legislation” there were substituted “ retained EU law ”;iiin points (b) and (c), for “Regulation (EC) No 1774/2002” there were substituted “ Regulation (EC) No 1069/2009 ”;iiiin point (d), for the words from “Directive 2006/21/EC ” to the end there substituted “ the Mining Waste Directive ”;bin paragraph 3, the words from “Without prejudice” to “Community legislation,” were omitted;cparagraph 4 were omitted.4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 Article 5 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 for the purposes of this Article.;cparagraphs 2 and 3 were omitted. 6Article 6 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 retained direct EU 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 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 out as referred to in paragraph 1A(a), the Agency”;bbthe second sentence were omitted;iiin the second subparagraph—aafor “Member States” there were substituted “The Agency”;bb“by competent authorities” were omitted.7Article 7 is to be read as if—abefore paragraph 1 there were inserted—A1In 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.;bin paragraph 1—ithe first and second sentences were omitted;iifor 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.”;cparagraphs 2, 3, 6 and 7 were omitted.8Article 19 is to be read as if—ain paragraph 1, for “Community” there was substituted “ national ”;bin paragraph 2, for “a Member State” there were substituted “ England ”.9Annex 3 is to be read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted.10In paragraph (2), “local authority” means—ain England outside Greater London—ia district council,iia county council, oriiithe Council of the Isles of Scilly;bin Greater London—ithe council of a London borough,iithe Common Council of the City of London,iiithe Sub-Treasurer of the Inner Temple, orivthe Under-Treasurer of the Middle Temple.Meaning of the “Mining Waste Directive” <CommentaryRef Ref="key-604d3681ee105e2be9473142b38a2e52"/>...2B1In regulation 2A(3)(a)(iii), “the Mining Waste Directive” 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) and (3).2Article 2 is to be read as if—ain paragraph 2(c), the reference to Article 11(3)(j) of Directive 2000/60/EC were a reference to that Article read in accordance with paragraph (7) of this regulation;bparagraphs 3 and 4 were omitted.3Article 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 Directive, as read with Articles 5 and 6 of that Directive ”.4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7For the purposes of paragraph (2)(a), Article 11(3)(j) of Directive 2000/60/EC is to be read as if—athe reference to “Member States” were a reference to the appropriate authority;bin the words after the final indent, “environmental objectives”—iin relation to the Northumbria River Basin District, means the objectives referred to in the WFD Regulations as applied by regulation 5 of the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003 ;iiin relation to the Solway Tweed River Basin District, has the same meaning as in regulation 2 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 ;iiiin relation to a river basin district within the meaning of the WFD Regulations, has the same meaning as in those Regulations.8In paragraph (7)(b), “the WFD Regulations” means the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 ..4In regulation 5(1)—aafter the definition of “the Agency” insert—“appropriate authority” means the Secretary of State or the Agency;;bafter the definition of “hazardous waste” insert—“Landfill Directive” means Council Directive 1999/31/EC on the landfill of waste, as last amended by Directive (EU) 2018/850, and read as if—in Article 2—in point (a)—“‘waste’,” were omitted; andfor “Directive 2008/98/EC” there were substituted “the Waste Framework Directive”;after point (a) there were inserted—aa‘waste’ has the meaning given by regulation 2(1)(b) of the Hazardous Waste (England and Wales) Regulations 2005;;in Article 3—in paragraph (2), “Without prejudice to existing Community legislation,” were omitted;for paragraph (3) there were substituted—3The management of extractive waste, within the meaning given in regulation 2(1) of the Environmental Permitting Regulations, is excluded from the scope of this Directive where it falls within the scope of Schedule 20, or paragraph 8(a) or (b) of Schedule 22, to those Regulations...5In regulation 8—ain paragraph (2)—iomit the words from “by the Welsh” to “may be,”;iifor “Article 7(2) of the Waste Directive” substitute “ paragraph (3) ”;bafter paragraph (2) insert—3For the purposes of paragraph (2), a specific batch of waste is determined to be hazardous—ain relation to Wales if—iof a type listed in regulations made under section 62A(2) of the 1990 Act;iiit is the subject of a determination by the Welsh Ministers under regulation 8 of the Hazardous Waste (Wales) Regulations 2005;bin relation to Northern Ireland, it is the subject of a determination by the Department of Agriculture, Environment and Rural Affairs under regulation 9 of the Hazardous Waste Regulations (Northern Ireland) 2005;cin relation to Scotland, it is the subject of a determination by the Scottish Ministers, because the Scottish Ministers consider that the waste displays one or more of the hazardous properties listed in Annex III..6In regulation 9—ain paragraph (2)—iomit the words from “by the Welsh” to “may be,”;iifor “Article 7(2) of the Waste Directive” substitute “ paragraph (3) ”;bafter paragraph (2) insert—3For the purposes of paragraph (2), a specific batch of waste is determined to be non-hazardous if it is the subject of a decision—ain relation to Wales, by the Welsh Ministers under regulation 9 of the Hazardous Waste (Wales) Regulations 2005;bin relation to Northern Ireland, by the Department of Agriculture, Environment and Rural Affairs under regulation 10 of the Hazardous Waste Regulations (Northern Ireland) 2005;cin relation to Scotland, by the Scottish Ministers that the Scottish Ministers consider that the waste displays none of the hazardous properties listed in Annex III..7In regulations 47(5B) and 48(6B), for “Council Directive 1999/31/EC on the landfill of waste , as last amended by Directive (EU) 2018/850” substitute “ the Landfill Directive ”.8In regulation 60(1), in the words before sub-paragraph (a), omit from “and” to “Directive”.The Producer Responsibility Obligations (Packaging Waste) Regulations 2007121The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 are amended as follows.2In regulation 2—ain paragraph (1)—iin the definition of “the Packaging Waste Directive”, at the end insert “ , and as read in accordance with regulation 2A ”;iiin the definition of “the Waste Directive”, at the end insert “ , and as read in accordance with regulation 2B ”;bin paragraph (2)—iin the definition of “appropriate authority”, in paragraph (a), for “regulation 4(7)” substitute “regulations 2A, 2B and 4(7)”;iiafter the definition of “financial year” insert—“local authority” means—ain England outside Greater London—ia district council,iia county council, oriiithe Council of the Isles of Scilly;bin Greater London—ithe council of a London borough,iithe Common Council of the City of London,iiithe Sub-Treasurer of the Inner Temple, orivthe Under-Treasurer of the Middle Temple;cin Wales—ia county council, oriia county borough council;din Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;.3After regulation 2, insert—Modifications to the Packaging Waste Directive2A1For the purposes of these Regulations, the Packaging Waste Directive is to be read in accordance with this regulation.2A 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, appropriate agency 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.3 Article 3 is to be read as if—ain paragraph 2, for “Article 3 of Directive 2008/98/EC” there were substituted “Article 3(1) of the Waste Directive, as read with Articles 5 and 6 of that Directive;bin paragraph 2c, for “Directive 2008/98/EC” there were substituted “the Waste Directive”. 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Modifications to the Waste Directive2B1For the purposes of these Regulations, the Waste Directive is to be read in accordance with this regulation.2A 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, appropriate agency 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.3 Article 5 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 appropriate agency for the purposes of this Article.;cparagraphs 2 and 3 were omitted. 4Article 6 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 retained direct EU 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 appropriate agency 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 out as referred to in paragraph 1A(a), the appropriate agency”;bbthe second sentence were omitted;iiin the second subparagraph—aafor “Member States” there were substituted “The appropriate agency”;bb“by competent authorities” were omitted..4In regulation 24—ain paragraph (3)(b)—iin paragraph (i)—aafor “European Union” substitute “United Kingdom”;bbfor the words from “the requirements” to the end, substitute “any recovery or recycling operations taking place in each such site take place under conditions that are broadly equivalent to requirements applicable to reprocessing sites in the United Kingdom”;iiin paragraph (ii)—aafor “European Union” substitute “United Kingdom”;bbfor “of Article 6(2) of that Directive” substitute “applicable to the shipment of waste from the United Kingdom”;bomit paragraph (8);cin paragraph (9)—ifor “European Union” substitute “United Kingdom”;iifor “the requirements of Article 6(2) of the Packaging Waste Directive” substitute “requirements that are broadly equivalent to requirements applicable to reprocessing sites in the United Kingdom”.4AIn regulation 26(2), for the words from the beginning to “Directive”, substitute “Where the appropriate Agency has granted an accreditation to an exporter, and is no longer satisfied that the requirements in regulation 24(3)(b) or (9), which applied to that grant of accreditation,”.5After Part 11 insert—PART XIIReportReport431The Secretary of State must publish, in a manner the Secretary of State considers appropriate, a report on the magnitude, characteristics and evolution of the packaging and packaging waste flows (including information on the toxicity or danger of packaging materials and components used for their manufacture).2The first report under this regulation must be published before the end of the period of 3 years beginning with the day after that on which IP completion day falls.3Subsequent reports must be published at intervals not exceeding 3 years..The Batteries and Accumulators (Placing on the Market) Regulations 2008131The Batteries and Accumulators (Placing on the Market) Regulations 2008 are amended as follows.2In regulation 2(1)—ain the definition of “appliance”, after “defined by” insert “ Article 3(1)(a) of ”;bfor the definition of “placing on the market” substitute—“placing on the market”—except in relation to a person in Northern Ireland, means supplying or making available, whether in return for payment or free of charge, to a third party within the United Kingdom;in relation to a person in Northern Ireland, means supplying or making available, whether in return for payment or free of charge, to a third party within the United Kingdom or the European Economic Area, and includes import into the customs territory of the Union as defined in Article 4 of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, as that Regulation applies in EU law;;3In regulation 3—ain paragraph (2)(a), for “the essential security interests of EEA states” substitute “essential security interests”;bafter paragraph (2) insert—3In paragraph (2)(a)—aas it applies in England and Wales and Scotland, “essential security interests” means the essential security interests of the United Kingdom;bas it applies in Northern Ireland, “essential security interests” means the essential security interests of the United Kingdom or EEA states..4In regulation 7—ain paragraph (3) (as amended by regulation 5(2)), at the end insert “ , and as read with Articles 5 and 6 of that Directive ”;bafter paragraph (3) insert—4For the purposes of paragraph (3), Directive 2008/98/EC is to be read in accordance with paragraphs (5) and (6).5 Article 5 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 appropriate agency for the purposes of this Article.;cparagraphs 2 and 3 were omitted. 6Article 6 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 retained direct EU 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 appropriate agency 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 out as referred to in paragraph 1A(a), the appropriate agency”;bbthe second sentence were omitted;iiin the second subparagraph—aafor “Member States” there were substituted “The appropriate agency”;bb“by competent authorities” were omitted.7In paragraphs (5) and (6)—“appropriate agency” means—in relation to England, the Environment Agency;in relation to Wales, the Natural Resources Body for Wales;in relation to Scotland, the Scottish Environment Protection Agency;in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;“appropriate authority” means—in relation to England, the Secretary of State;in relation to Wales, the Welsh Ministers;in relation to Scotland, the Scottish Ministers;in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs..The Waste Batteries and Accumulators Regulations 2009141The Waste Batteries and Accumulators Regulations 2009 are amended as follows.2In regulation 2—ain paragraph (1)—iin the definition of “appliance”, after “defined by” insert “ Article 3(1)(a) of ”;iiin the definition of “disposal”, as it extends to Scotland, for “Article 3” substitute “ Article 3(19) ”;iiiin the definition of “producer”, omit the words from “(and distance communication” to the end;ivafter the definition of “waste disposal authority” insert—“the Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Directive (EU) 2018/851, and as read in accordance with regulation 2A;;b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .comit paragraph (1A).3After regulation 2 insert—Modifications to the Waste Framework Directive2A1For the purposes of these Regulations, the Waste Framework Directive is to be read as follows.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 Article 5 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 appropriate agency for the purposes of this Article.;cparagraphs 2 and 3 were omitted. 4Article 6 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 retained direct EU 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 appropriate agency 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 out as referred to in paragraph 1A(a), the appropriate agency”;bbthe second sentence were omitted;iiin the second subparagraph—aafor “Member States” there were substituted “The appropriate agency”;bb“by competent authorities” were omitted.5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7In paragraphs (2) and (3)—“appropriate authority” means—in relation to England, the Secretary of State,in relation to Wales, the Welsh Ministers,in relation to Scotland, the Scottish Ministers,in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;“appropriate agency” means—in relation to England, the Environment Agency,in relation to Wales, the Natural Resources Body for Wales,in relation to Scotland, the Scottish Environment Protection Agency,in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;....3AIn regulation 6—ain paragraph (2)(a), for “the essential security interests of EEA states” substitute “essential security interests”;bafter paragraph (2) insert—3In paragraph (2)(a)—aas it applies in England and Wales and Scotland, “essential security interests” means the essential security interests of the United Kingdom;bas it applies in Northern Ireland, “essential security interests” means the essential security interests of the United Kingdom or EEA states..4In regulations 8(2) and 12(1), at the end insert “ excluding any portable batteries and accumulators that have left the United Kingdom before being sold to end users ”.5In regulation 13, after paragraph (1) insert—1AFor the purposes of paragraph (1), the total amount of portable batteries placed on the market for the first time in the United Kingdom does not include any portable batteries and accumulators that have left the United Kingdom before being sold to end users..6In regulation 16(5), at the end insert “ excluding any portable batteries and accumulators that have left the United Kingdom before being sold to end users ”.7In regulation 23, after paragraph (1) insert—1AFor the purposes of paragraph (1), the total amount of portable batteries placed on the market for the first time in the United Kingdom does not include any portable batteries and accumulators that have left the United Kingdom before being sold to end users..8In regulation 56(4) (as inserted by regulation 6(3)(b)), at the end insert “ , and as read in accordance with regulation 56A ”.9After regulation 56 insert—Modification of the Landfill Directive56A1For the purposes of regulation 56(4), the Landfill Directive is to be read as follows.2 Article 2 is to be read as if—ain point (a)—i“‘waste’,” were omitted; andiifor “Directive 2008/98/EC” there were substituted “the Waste Framework Directive”;bafter point (a) there were inserted—aa‘waste’ has the meaning given by Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive;; 3Article 3(2) is to be read as if “Without prejudice to existing Community legislation,” were omitted..10In regulation 70(3), in the definition of “collection rate”, at the end insert “ excluding any portable batteries and accumulators that have left the United Kingdom before being sold to end-users ”.11Omit regulation 72(c) (and the “and” immediately preceding it).12In regulation 81, after paragraph (1) insert—1AFor the purposes of paragraph (1), the total amount of portable batteries placed on the market for the first time in the United Kingdom does not include any portable batteries and accumulators that have left the United Kingdom before being sold to end users..13In Schedule 4, in paragraph 10(3)(a)(ii), for “EU legislation” substitute “retained EU law and, in relation to Northern Ireland, EU legislation which has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement”.The Major Accident Off-site Emergency Plan (Management of Waste from Extractive Industries) (England and Wales) Regulations 2009151The Major Accident Off-site Emergency Plan (Management of Waste from Extractive Industries) (England and Wales) Regulations 2009 are amended as follows.2In regulation 2—aafter the definition of “the 2016 Regulations” insert—“appropriate agency” means—ain relation to England, the Environment Agency;bin relation to Wales, the Natural Resources Body for Wales;appropriate authority” means—ain relation to England, the Secretary of State;bin relation to Wales, the Welsh Ministers;;bafter the definition of “emergency services” insert—“EU-derived domestic legislation” has the meaning given in section 2(2) of the European Union (Withdrawal) Act 2018;;cafter the definition of “health authority”“local authority” means—ain England outside Greater London—ia district council,iia county council, oriiithe Council of the Isles of Scilly;bin Greater London—ithe council of a London borough,iithe Common Council of the City of London,iiithe Sub-Treasurer of the Inner Temple, orivthe Under-Treasurer of the Middle Temple;cin Wales—ia county council, oriia county borough council..din the definition of “Mining Waste Directive”, at the end insert “ as read in accordance with regulation 2A. ”.3After regulation 2 insert—Modifications to the Mining Waste Directive2A1For the purposes of these Regulations, the Mining Waste Directive is to be read in accordance with this regulation.2A 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, appropriate agency 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 respect of England or Wales.3Article 2 is to be read as if—ain paragraph 2(c), the reference to Article 11(3)(j) of Directive 2000/60/EC were a reference to that Article read in accordance with regulation 2B;bparagraphs 3 and 4 were omitted.4Article 3 is to be read as if—ain point (1), 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 ”;bin point (2), for “Article 1(4) of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste ” there were substituted “ Article 3(2) of the Waste Framework Directive ”;cin point (4), for the words from “the national law” to the end there were substituted “ national law ”;din point (17), for “Directive 67/548/EEC or Directive 1999/45/EC ” there were substituted “ Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures ”;ein point (18), for “Article 2(11) of Directive 96/61/EC” there were substituted “ Article 3(10) of the Industrial Emissions Directive ”;fin point (24), for the words from “the national law” to “takes place” there were substituted “ national law ”;gin point (26), for the words from “the national law” to “operates” there were substituted “ national law ”;hin point (27), for “which a Member State designates” there were substituted “ designated ”.5Article 5 is to be read as if—ain paragraph 2(a)(iii) and (b), “at Community level” were omitted;bin paragraph 3(g), for “Directive 2000/60/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy in respect of England and Wales ”;cin paragraph 5, “national or Community” were omitted.6Article 6(2) is to be read as if the words from “Without prejudice” to “92/104/EEC,” were omitted.7Article 7 is to be read as if—ain paragraph 1, in the second subparagraph, “national or Community” were omitted;bin paragraph 2(e), the reference to Directive 85/337/EEC were a reference to the EU-derived domestic legislation which transposed Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment in respect of England and Wales ;cin paragraph 3(b), for “Article 7 of Directive 75/442/EEC” there were substituted “ Article 13 of the Waste Framework Directive ”;din paragraph 4, the third indent were omitted;ein paragraph 5, “and Community” were omitted.8Article 10 is to be read as if paragraph 2 were omitted.9Article 11(2)(a) is to be read as if—a“Community or” were omitted;bfor “Directives 76/464/EEC , 80/68/EEC and 2000/60/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2000/60/EC in respect of England and Wales ”.10Article 12 is to be read as if—ain paragraph 4, “national or Community” were omitted;bin paragraph 5, for the words from “Community” to “2000/60/EC” there were substituted “ retained EU law, in particular the EU-derived domestic legislation which transposed Directive 2000/60/EC in respect of England and Wales ”.11Article 13 is to be read as if—ain paragraph 1, in the words before point (a)—i“Community” were omitted;iifor “Directive 2000/60/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2000/60/EC in respect of England and Wales ”;bin paragraph 3, for “Directives 76/464/EEC, 80/68/EEC or 2000/60/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2000/60/EC in respect of England and Wales ”;cin paragraph 4, for “Directives 76/464/EEC, 80/68/EEC and 2000/60/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2000/60/EC in respect of England and Wales ”;din paragraph 5, in the second sentence—ifor “Community” there were substituted “ retained EU law ”;iifor “Directive 2000/60/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2000/60/EC in respect of England and Wales ”.12Article 24(4) is to be read as if, in the first paragraph, in the second indent, “Community or” were omitted.13Annex 3 is to be read as if—ain the second indent, for “Directive 91/689/EEC” there were substituted “ the Waste Framework Directive ”;bin the third indent, for “Directives 67/548/EEC or 1999/45/EC” there were substituted “ Regulation (EC) 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures ”.Modifications to the Water Framework Directive2B1For the purposes of regulation 2A(3)(a), Article 11(3)(j) of Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy is to be read as if—athe reference to “Member States” were a reference to the appropriate authority or appropriate agency;bin the words after the final indent, “environmental objectives”—iin relation to the Northumbria River Basin District, means the objectives referred to in the WFD Regulations as applied by regulation 5 of the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003;iiin relation to the Solway Tweed River Basin District, has the same meaning as in regulation 2 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004;iiiin relation to a river basin district within the meaning of the WFD Regulations, has the same meaning as in those Regulations.2In paragraph 1(b), “the WFD Regulations” means the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017.Modifications to the Waste Framework Directive2C1In these Regulations, the “Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Directive (EU) 2018/851, and read in accordance with this regulation.2A 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, appropriate agency 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 respect of England or Wales.3Article 2 is to be read as if—ain paragraph 2—iin the words before point (a), for “other Community legislation” there were substitute “ retained EU law ”;iiin points (b) and (c), for “Regulation (EC) No 1774/2002” there were substituted “ Regulation (EC) No 1069/2009 ”;iiiin point (d), for the words from “Directive 2006/21/EC” to the end there were substituted “ the Mining Waste Directive ”;bin paragraph 3, the words from “Without prejudice” to “Community legislation,” were omitted;cparagraph 4 were omitted.4 Article 5 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 appropriate agency for the purposes of this Article.;cparagraphs 2 and 3 were omitted. 5Article 6 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 retained direct EU 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 appropriate agency 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 out as referred to in paragraph 1A(a), the appropriate agency”;bbthe second sentence were omitted;iiin the second subparagraph—aafor “Member States” there were substituted “The appropriate agency”;bb“by competent authorities” were omitted.6Article 7 is to be read as if—abefore paragraph 1 there were inserted—A1In 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).;bin paragraph 1—ithe first and second sentences were omitted;iifor 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.”;cparagraphs 2, 3, 6 and 7 were omitted.7Annex 3 is to be read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted.Modifications to the Industrial Emissions Directive2D1In regulation 2A(4)(e), the “Industrial Emissions Directive means Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions, read in accordance with paragraphs 2 and 3.2Article 3 is to be read as if—ain point (1)(a), for the words from “Article 1” to the end there were substituted “ Article 4(78) of Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation ”;bin point (10)(b), for “Member State in question” there were substituted “ United Kingdom ”;cin point (23), for the words from “point 1” to the end there were substituted “ point 1 of the second subparagraph of Article 2 of Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs ”;din point (37), for “Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste” there were substituted “ the Waste Framework Directive, as read with Articles 5 and 6 of that Directive ”;ein point (38), for “Directive 2008/98/EC” there were substituted “ the Waste Framework Directive ”.3Annex 1 is to be read as if—ain the words before point 1, the second paragraph were omitted;bin point 5.3—iin point (a), in the words before point (i), for “Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment” there were substituted “ the Urban Waste Water Treatment (England and Wales) Regulations 1994 ”;iiin point (b), in the words before point (i), for “Directive 91/271/EEC” there were substituted “ the Urban Waste Water Treatment (England and Wales) Regulations 1994 ”;cin point 5.4, the reference to Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste were a reference to the Landfill Directive;din point 6.9, for “Directive 2009/31/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2009/31/EC in respect of England and Wales ”;ein point 6.11, for “Directive 91/271/EEC” there were substituted “ the Urban Waste Water Treatment (England and Wales) Regulations 1994 ”.4 In paragraph (3)(c), “the Landfill Directive” means Council Directive 1999/31/EC on the landfill of waste, as last amended by Directive (EU) 2018/850, and read as if, in Article 2—ain point (a)—i“‘waste’,” were omitted; andiifor “Directive 2008/98/EC” there were substituted “the Waste Framework Directive”;bafter point (a) there were inserted—aa“waste” means anything that—iis waste within the meaning of Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive, andiiis not excluded from the scope of that Directive by Article 2(1), (2) or (3) of that Directive;. .4Omit regulation 8(2) and (3).The Waste (England and Wales) Regulations 2011161The Waste (England and Wales) Regulations 2011 are amended as follows.2In regulation 3(1)—aafter the definition of “controlled waste” insert—“EU-derived domestic legislation” has the meaning given by section 2(2) of the European Union (Withdrawal) Act 2018;;bafter the definition of “hazardous waste” insert—“Industrial Emissions Directive” means Directive 2010/75/EC of the European Parliament and of the Council on industrial emissions (integrated pollution prevention control), read in accordance with regulation 3A;“Landfill Directive” means Council Directive 1999/31/EC on the landfill of waste, as last amended by Directive (EU) 2018/850, read in accordance with regulation 3B;“local authority” means—ain England outside Greater London—ia district council,iia county council, oriiithe Council of the Isles of Scilly;bin Greater London—ithe council of a London borough,iithe Common Council of the City of London,iiithe Sub-Treasurer of the Inner Temple, orivthe Under-Treasurer of the Middle Temple;cin Wales—ia county council, oriia county borough council;“Mining Waste Directive” 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 regulation 3C;;cin the definition of “Waste Framework Directive”, at the end insert “ and as read in accordance with regulation 3D ”.3After regulation 3, insert—Modification of the Industrial Emissions Directive3AFor the purposes of these Regulations, the Industrial Emissions Directive is to be read as if—ain Article 3—iin paragraph 1(a), for the words from “Article 1” to the end there were substituted “ Article 4(78) of Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation ”;iiin paragraph 10(b), for “Member State in question” there were substituted “ United Kingdom ”;iiiin paragraph 23, for the words from “point 1” to the end there were substituted “ point 1 of the second subparagraph of Article 2 of Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs ”;ivin paragraph 37, for the words from “Directive 2008/98/EC” to the end there were substituted “ the Waste Framework Directive, read with Articles 5 and 6 of that Directive ”;bin Annex 1—iin the words before point 1, the second paragraph were omitted;iiin point 5.3—aain point (a), in the words before point (i), for “Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment” there were substituted “ the Urban Waste Water Treatment (England and Wales) Regulations 1994 ”;bbin point (b), in the words before point (i), for “Directive 91/271/EEC” there were substituted “ the Urban Waste Water Treatment (England and Wales) Regulations 1994 ”;iiin point 5.4, the reference to Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste were a reference to the Landfill Directive;iiiin point 6.9, for “Directive 2009/31/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2009/31/EC ”;ivin point 6.11, for “Directive 91/271/EEC” there were substituted “ the Urban Waste Water Treatment (England and Wales) Regulations 1994 ”.Modification of the Landfill Directive3B1For the purposes of these Regulations, the Landfill Directive is to be read in accordance with this regulation.2Article 2 is to be read as if—a in point (a)—i“‘waste’,” were omitted; andiifor “Directive 2008/98/EC” there were substituted “the Waste Framework Directive”; aaafter point (a) there were inserted—aa‘waste’ means anything that—iis waste within the meaning of Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive, andiiis not excluded from the scope of that Directive by Article 2(1), (2) or (3) of that Directive;;bfor point (c) there were substituted—c‘hazardous waste’ has the meaning given in Article 3(2) of the Waste Framework Directive..3 Article 3 is to be read as if—ain paragraph 2, “Without prejudice to existing Community legislation” were omitted;bfor paragraph 3 there were substituted—3The management of extractive waste, within the meaning given in regulation 2(1) of the Environmental Permitting (England and Wales) Regulations 2016, is excluded from the scope of this Directive where it falls within the scope of Schedule 20, or paragraph 8(a) or (b) of Schedule 22, to those Regulations.. Modification of the Mining Waste Directive3C1For the purposes of these Regulations, the Mining Waste Directive is to be read in accordance with this regulation.2A 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, 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.3A reference to “competent authority” or “competent authorities” is to be read as a reference to the appropriate body.4Article 2 is to be read as if—ain paragraph 2(c), the reference to Article 11(3)(j) of Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy were a reference to that Article read in accordance with regulation 3E;bparagraphs 3 and 4 were omitted.5Article 3 is to be read as if—ain point (1), 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 ”;bin point (2), for “Article 1(4) of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste” there were substituted “ Article 3(2) of the Waste Framework Directive ”;cin point (4), for the words from “the national law” to the end there were substituted “ national law ”;din point (17), for “Directive 67/548/EEC or Directive 1999/45/EC” there were substituted “ Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures ”;ein point (18), for “Article 2(11) of Directive 96/61/EC” there were substituted “ Article 3(10) of the Industrial Emissions Directive ”;fin point (24), for the words from “the national law” to “takes place” there were substituted “ national law ”;gin point (26), for the words from “the national” to “operates,” there were substituted “ national law ”;hpoint (27) were omitted.6Article 5 is to be read as if—ain paragraphs 2(a)(iii) and (b) “at Community level” were omitted;bin paragraph 3, in the first subparagraph, in point (g), for “Directive 2000/60/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2000/60/EC of the European Parliament and of the Council in respect of England and Wales ”;cin paragraph 5, “or Community” were omitted;dparagraph 6 were omitted.7Article 6(2) is to be read as if the words from “Without” to “92/104/EEC,” were omitted.8Article 7 is to be read as if—ain paragraph 1, in the second subparagraph, in the first sentence, “or Community” were omitted;bin paragraph 2(e), the reference to Directive 85/337/EEC were a reference to the EU-derived domestic legislation which transposed Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment in respect of England and Wales;cin paragraph 3(b), for “Article 7 of Directive 75/442/EEC” there were substituted “ Article 13 of the Waste Framework Directive ”;din paragraph 4, the third indent were omitted;ein paragraph 5, for “and Community” were omitted.9Article 10 is to be read as if paragraph 2 were omitted.10Article 11(2)(a) is to be read as if—a“Community or” were omitted;bfor “Directives 76/464/EEC, 80/68/EEC and 2000/60/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2000/60/EC in respect of England and Wales ”.11Article 12 is to be read as if—ain paragraph 4, “national or Community” were omitted;bin paragraph 5, for the words from “Community” to “2000/60/EC” there were substituted “ retained EU law, in particular the EU-derived domestic legislation which transposed Directive 2000/60/EC in respect of England and Wales ”.12Article 13 is to be read as if—ain paragraph 1, in the words before point (a)—i“Community” were omitted;iifor “Directive 2000/60/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2000/60/EC in respect of England and Wales ”;bin paragraph 3, for “Directives 76/464/EEC, 80/68/EEC or 2000/60/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2000/60/EC in respect of England and Wales ”;cin paragraph 4, for “Directives 76/464/EEC, 80/68/EEC and 2000/60/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2000/60/EC in respect of England and Wales ”;din paragraph 5, in the second sentence—ifor “Community” there were substituted “ retained EU law ”;iifor “Directive 2000/60/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2000/60/EC in respect of England and Wales ”.13Article 24(4) is to be read as if, in the second indent “Community or” were omitted.14Annex 3 is to be read as if—ain the second indent, for “under Directive 91/689/EEC” there were substituted “ the Waste Framework Directive ”;bin the third indent, for “Directives 67/548/EEC or 1999/45/EC” there were substituted “ Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures ”.Modification of the Waste Framework Directive3D1For the purposes of these Regulations, the Waste Framework Directive is to be read in accordance with this regulation.2A 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, 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.3Article 2 is to be read as if—ain paragraph 2—iin the words before point (a), for “other Community legislation” there were substituted “ retained EU law ”;iiin points (b) and (c), for “Regulation (EC) No 1774/2002” there were substituted “ Regulation (EC) No 1069/2009 ”;iiiin point (d), for the words from “Directive 2006/21/EC” to the end, there was substituted “ the Mining Waste Directive ”;bin paragraph 3, the words from “Without prejudice” to “Community legislation,” were omitted;cparagraph 4 were omitted.4Article 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—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 appropriate body for the purposes of this Article.;cparagraphs 2 and 3 were omitted. 6Article 6 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 retained direct EU 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 appropriate body 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 out as referred to in paragraph 1A(a), the appropriate body”;bbthe second sentence were omitted;iiin the second subparagraph—aafor “Member States” there were substituted “The appropriate body”;bb“by competent authorities” were omitted.7Article 7 is to be read as if—abefore paragraph 1 there were inserted—A1In 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).;bin paragraph 1—ithe first and second sentences were omitted;iifor 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.”;cparagraphs 2, 3, 6 and 7 were omitted.8Article 16 is to be read as if—ain paragraph 1, in the first subparagraph—ithe words from “, in cooperation with” to “advisable,” were omitted;ii“, taking into account best available techniques” were omitted;bin paragraph 2—i for “Community as a whole to become” there were substituted “ United Kingdom as a whole to move towards becoming ”; iifor the words from “and to enable” to “individually” were omitted.9Article 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.. 11Annex 3 is to be read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted.12Annex 4 is to be read as if—ain paragraph 3, “at Community level” were omitted;bin paragraph 6, for “this Directive and Directive 96/61/EC” there were substituted “ the Environmental Permitting (England and Wales) Regulations 2016 ”;cin paragraph 7, for “Directive 96/61/EC”, there were substituted “ the Environmental Permitting (England and Wales) Regulations 2016 ”;din paragraph 10, “EMAS and” were omitted. 13Annex 4a is to be read as if, in point 6, “including through Union funds” were omitted. Modification of Directive <Citation URI="http://www.legislation.gov.uk/id/eudr/2000/60" id="c00145" Class="EuropeanUnionDirective" Year="2000" Number="60">2000/60/EC</Citation> of the European Parliament and of the Council3E1For the purposes of regulation 3C(4)(a), Article 11(3)(j) of Directive 2000/60/EC of the European Parliament and of the Council is to be read as if—athe reference to “Member States” were a reference to the appropriate authority or appropriate body;bin the words after the sixth indent, “environmental objectives”—iin relation to the Northumbria River Basin District, means the objectives referred to in the WFD Regulations as applied by regulation 5 of the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003;iiin relation to the Solway Tweed River Basin District, has the same meaning as in regulation 2 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004;iiiin relation to a river basin district within the meaning of the WFD Regulations, has the same meaning as in those Regulations.2In paragraph (1)(b), “the WFD Regulations” means the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017..4In regulation 18(b), omit the words from “, ignoring” to the end.5In regulation 20—ain paragraph (1)(a), for “Council Directive 1999/31/EC on the landfill of waste as last amended by Directive (EU) 2018/850” substitute “ the Landfill Directive ”;bin paragraph (2), in the words before sub-paragraph (a), for the words from “Directive 2006/21/EC” to “industries” substitute “ Mining Waste Directive ”;cin paragraph (3)—iin the definition of “landfill”, for “Directive 1999/31/EC as last amended by Directive (EU) 2018/850” substitute “ the Landfill Directive ”;iiin the definition of “mining waste facility” for “Directive 2006/21/EC” substitute “ the Mining Waste Directive ”.6In Schedule 1—zain Part 1, in paragraph 4—iin sub-paragraph (1), omit “, taking into account best available techniques”;iiin sub-paragraph (2)—aafor “European Union as a whole to become” substitute “ United Kingdom as a whole to move towards becoming ”;bbomit “and to enable the United Kingdom to move towards that aim”;a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .bin Part 3, in paragraph 12(b), omit the words from “, taking into account” to the end.The Controlled Waste (England and Wales) Regulations 2012171The Controlled Waste (England and Wales) Regulations 2012 are amended as follows.2In regulation 2—aafter the definition of “the Act”, insert—“appropriate agency” means—ain relation to England, the Environment Agency;bin relation to Wales, the Natural Resources Body for Wales;“appropriate authority” means—ain relation to England, the Secretary of State;bin relation to Wales, the Welsh Ministers;;aain the definition of “Directive waste”, in paragraph (a), after “Waste Directive” insert “as read with Articles 5 and 6 of that Directive”;bafter the definition of “Directive waste” insert—“local authority” means—ain England outside Greater London—ia district council,iia county council, oriiithe Council of the Isles of Scilly;bin Greater London—ithe council of a London borough,iithe Common Council of the City of London,iiithe Sub-Treasurer of the Inner Temple, orivthe Under-Treasurer of the Middle Temple;cin Wales—ia county council, oriia county borough council;“Mining Waste Directive” means Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries, as read in accordance with regulation 2B;;cin the definition of “Waste Directive” (as inserted by regulation 7(2)(b)), at the end insert “ as read in accordance with regulation 2A ”.3After regulation 2, insert—Modification of the Waste Directive2A1For the purposes of these Regulations, the Waste Directive is to be read in accordance with this regulation.2A reference to one or more member States 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, appropriate agency 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 respect of England or Wales.3Article 2 is to be read as if—ain paragraph 2—iin the words before point (a), for “other Community legislation” there were substituted “ retained EU law ”;iiin points (b) and (c), for “Regulation (EC) No 1774/2002” there were substituted “ Regulation (EC) No 1069/2009 ”;iiiin point (d), for the words from “Directive 2006/21/EC” to the end there were substituted “ the Mining Waste Directive ”;ivin paragraph 3, the words from “Without prejudice” to “Community legislation,” were omitted;vparagraph 4 were omitted.4 Article 5 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 appropriate agency for the purposes of this Article.;cparagraphs 2 and 3 were omitted. 5Article 6 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 retained direct EU 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 appropriate agency 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 out as referred to in paragraph 1A(a), the appropriate agency”;bbthe second sentence were omitted;iiin the second subparagraph—aafor “Member States” there were substituted “The appropriate agency”;bb“by competent authorities” were omitted.6Article 7 is to be read as if—abefore paragraph 1 there were inserted—A1In 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).;bin paragraph 1—ithe first and second sentences were omitted;iifor 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.”;cparagraphs 2, 3, 6 and 7 were omitted.7Annex 3 is to be read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted.Modification of the Mining Waste Directive2B1For the purposes of these Regulations, the Mining Waste Directive is to be read as follows.2A reference to one or more member States 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, appropriate agency 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 respect of England or Wales.3Article 2 is to be read as if—ain paragraph 2(c), the reference to Article 11(3)(j) of Directive 2000/60/EC were a reference to that Article read in accordance with regulation 2C;bparagraphs 3 and 4 were omitted.4Article 3(1) is to be read as if, for “Article 1(a) of Directive 75/442/EC” there were substituted “ Article 3(1) of the Waste Directive, as read with Articles 5 and 6 of that Directive ”.Modifications to the Water Framework Directive2C1For the purposes of regulation 2B(3)(a), Article 11(3)(j) of Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy is to be read as if—athe reference to “Member States” were a reference to the appropriate authority or appropriate agency;bin the words after the final indent, “environmental objectives”—iin relation to the Northumbria River Basin District, means the environmental objectives referred to in the WFD Regulations as applied by regulation 5 of the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003;iiin relation to the Solway Tweed River Basin District, has the same meaning as in regulation 2 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004;iiiin relation to a river basin district within the meaning of the WFD Regulations, has the same meaning as in those regulations.2In paragraph (1)(b), “the WFD Regulations” means the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017..The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012181The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 are amended as follows.2In regulation 2—aOmit the definition of “CE marking”;bafter the definition of “conformity assessment” insert—“designated standard” has the meaning given in regulation 2A;;c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .domit the definition of “harmonised standard”;e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .f. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .gfor the definition of “technical documentation” substitute—“technical documentation” means the documentation referred to in paragraph 2 of Part 4 of Schedule 1;hafter the definition of “technical documentation” insert—“UK marking” means a marking by which a manufacturer indicates that a product complies with the applicable requirements set out in these Regulations and which takes the form published in accordance with Article 30(1) of RAMS;.3After regulation 2, insert—Interpretation: designated standard2A1In these Regulations a “designated standard” means a technical specification which is—aadopted by a recognised standardisation body, for repeated or continuous application, with which compliance is not compulsory; andbdesignated and published by the Secretary of State in accordance with paragraphs (3) to (5).2In this regulation, a “technical specification” means a document that prescribes technical requirements to be fulfilled by a product, process, service or system and which lays down one or more of the following—athe characteristics required of a product, including—ilevels of quality, performance, interoperability, environmental protection, health, safety or dimensions, andiithe requirements applicable to the product as regards the name under which the product is sold, terminology, symbols, testing and test methods, packaging, marking or labelling and conformity assessment procedures; andbproduction methods and processes relating to the product, where these have an effect on the characteristics of the product.3Before designating the reference to a technical specification adopted by the British Standards Institution, the Secretary of State must have regard to whether the technical specification is consistent with technical specifications adopted by the other recognised standardisation bodies.4The Secretary of State must publish a reference to a designated technical specification in a manner which the Secretary of State considers appropriate to draw the standard to the attention of any person who may have an interest in the standard.5The Secretary of State may withdraw the designation of a technical specification, and as soon as reasonably practicable after doing so must publish notice of that withdrawal in a manner which the Secretary of State considers appropriate to draw that withdrawal to the attention of any person who may have an interest in it.6In paragraph (2), a reference to a “product” is a reference to any materials, components and EEE to which these Regulations apply.7In this regulation, a “recognised standardisation body” means any one of the following organisations—athe European Committee for Standardisation (CEN);bthe European Committee for Electrotechnical Standardisation (Cenelec);cthe European Telecommunications Standards Institute (ETSI);dthe British Standards Institution (BSI).Modifications to the Directive2B1For the purposes of these Regulations, except regulation 34A, the Directive is to be read in accordance with this regulation.2A term which is used in the Directive and which is defined in Part 1 of these Regulations is to be read as having the meaning given by Part 1.3Article 3 is to be read as if points (1), (2), (5), (11), (12), (21), (22), (24) and (27) were omitted.4Article 4 is to be read as if—ain paragraph 1, for “Member States” there was substituted “ the Secretary of State ”;bin paragraph 2, the second sentence were omitted.5Annex 3 is to be read as if, in entry 41 of the table, in the second column, for the words “classes SH:1” to the end, substitute “category NRSh' of Article 4(1), point 3 of Regulation (EU) 2016/1628 of the European Parliament and of the Council on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile ”.6Annex 4 is to be read as if—ain points 21 and 30, “EU” were omitted;bin point 33, for the words from “Directive 93/42/EEC” to “defibrillators” there were substituted “mobile medical devices (other than portable emergency defibrillators) that are classified as belonging to Class IIa or IIb for the purposes of the Medical Devices Regulations 2002 ”..4In regulation 8—afor the words “existing EU legislation or legislation giving effect to EU legislation”, substitute “ retained EU law ”;bin sub-paragraph (c), for the words “EU waste management legislation”, substitute “ retained EU law on waste management ”.5In regulation 9—ain paragraph (1), for “CE” substitute “ UK ”;bin paragraph (2), for “harmonised standards” substitute “ a designated standard ”.6In regulation 10(2)(c)—aomit “EU”;bfor “CE” substitute “ UK ”.7In regulation 12—ain paragraph (1), in the words after sub-paragraph (b), for the words from “Module A” to the end, substitute “ Part 4 of Schedule 1 ”;bin paragraph (2), for “EU legislation or legislation giving effect to EU legislation” substitute “ retained EU law ”.8In regulation 13—ain the heading—iomit “EU”;iifor “CE” substitute “ UK ”;bin sub-paragraph (a), for “an EU” substitute “ a ”;cin sub-paragraph (b), for “CE” substitute “ UK ”.9In regulation 14—aomit “EU” in each place it occurs;bin paragraph (2), for “Annex VI to the Directive” substitute “ Schedule 1A ”;comit paragraph (4);din paragraph (5)—ifor “An” substitute “ A ”;iiafter “English”, insert “ or any other language agreed by the market surveillance authority ”.10In regulation 15, omit “EU” in both places it occurs (including the heading).11In regulation 16, for “CE” in each place it occurs (including the heading) substitute “ UK ”.12In regulation 17(2)(b)—afor “harmonised standards” substitute “ designated standards ”;bomit “EU”.13In regulation 18(3), for “EU legislation or legislation giving effect to EU legislation” substitute “ retained EU law ”.14In regulation 20(b), omit the words from “and the competent” to “available”.15In regulation 22—ain paragraph (1), for “EU” substitute “ United Kingdom ”;bin paragraph (2)(a), omit “EU”.16In regulation 23(b)(ii), for “CE” in both places it occurs substitute “ UK ”.17In regulation 24(3), for “EU legislation or legislation giving effect to EU legislation” substitute “ retained EU law ”.18In regulation 26(2)(b), omit the words from “and the competent” to “available”.19In regulation 27(1)(a), omit “EU”.20In regulation 29(1)—ain sub-paragraph (a), for “CE” substitute “ UK ”;bin sub-paragraph (b), for the words from “Member State” to the end substitute “ United Kingdom ”.21In regulation 30(2)(b), omit the words from “and the competent” to “available”.22In regulation 34, for “CE” in each place it occurs (including the heading) substitute “ UK ”.23After regulation 34, insert—Obligations which are met by complying with obligations in the Directive34A1This regulation makes provision for obligations on manufacturers, importers and distributors in these Regulations for placing, or making available, EEE on the market to be met by complying with obligations in the Directive for placing, or making available, EEE on the market.2In this regulation—aany reference to an Article or an Annex is a reference to an Article or an Annex of the Directive;b“CE marking” has the meaning given to it in Article 3(15);c“harmonised standard” has the meaning given to it in Article 3(13).3Paragraph (4) applies where, before placing EEE on the market, the manufacturer—aensures the EEE has been designed and manufactured in accordance with the requirements set out in Articles 4 and 7;bensures that the conformity assessment procedure that applies to the EEE in accordance with Article 7(b) has been carried out;caffixes a CE marking, in accordance with Articles 7(c) and 15(1) and (2);ddraws up an EU declaration of conformity, in accordance with Article 13; andeensures that the EU declaration of conformity is prepared in or translated into English.4Where this paragraph applies—athe requirements of regulations 12(1), 13 and 14(1), (2), (5) and (6) are satisfied in respect of that EEE;bregulations 12(1), 13, 14(1), (2), (5) and (6) apply to that EEE subject to the modifications in paragraph (9).5Paragraph (6) applies where, before placing EEE on the market, the importer ensures that—athe conformity assessment procedure that applies to that EEE in accordance with Article 7(b) has been carried out;bthe manufacturer has drawn up the technical documentation referred to in Article 7(b); andcthe EEE bears the CE marking and inscriptions referred to in Article 13.6Where this paragraph applies—athe requirements of regulation 23(b) are satisfied in respect of that EEE;bregulation 23(b) applies to that EEE subject to the modifications in paragraph (9).7Paragraph (8) applies where, before making EEE available on the market, a distributor ensures that the EEE bears the CE marking and inscriptions referred to Article 13.8Where this paragraph applies—athe requirements of regulation 29(1)(a) are satisfied in respect of that EEE;bregulation 29(1)(a) applies to that EEE subject to the modifications in paragraph (9).9The modifications referred to in paragraphs (4)(b), (6)(b) and (8)(b) are that—aany reference to “declaration of conformity” is to be read as a reference to the EU declaration of conformity;bany reference to “UK marking” is to be read as a reference to the CE marking;cany reference to “designated standard” is to be read as a reference to a harmonised standard;dany reference to an “internal control procedure” is to be read as a reference to Module A of Annex 2 to Decision 768/2008/EC of the European Parliament and of the Council on a common framework for the marketing of products as it has effect in EU law, as amended from time to time;eany reference to “technical documentation” is a reference to the technical documentation referred to in Article 7(b)..24In regulation 37—ain paragraph (1)(b), omit “EU”;bin paragraphs (5) and (6), for “CE” in each place it occurs substitute “ UK ”.25In Schedule 1—ain the shoulder reference, at the end insert “ and regulation 12(1) ”;bin Part 2, in paragraph 12, for “member States” substitute “ the United Kingdom ”;cafter Part 3, insert—PART 4Internal Production Control Procedure<P1><Pnumber>25</Pnumber><P1para><Text>The internal production control procedure is a conformity assessment procedure whereby a manufacturer must ensure EEE is manufactured in compliance with the technical documentation and with the applicable requirements of these Regulations.</Text></P1para></P1></P1group><P1group><Title/><P1><Pnumber>26</Pnumber><P1para><Text>The technical documentation must—</Text><P3><Pnumber>a</Pnumber><P3para><Text>make it possible to assess the EEE's conformity with the applicable requirements of these Regulations, and must include an adequate analysis and assessment of the risks;</Text></P3para></P3><P3><Pnumber>b</Pnumber><P3para><Text>specify the applicable requirements and cover, as far as relevant for the assessment, the design, manufacture and operation of the EEE;</Text></P3para></P3><P3><Pnumber>c</Pnumber><P3para><Text>contain, where applicable, at least the following elements—</Text><P4><Pnumber>i</Pnumber><P4para><Text>a general description of the EEE;</Text></P4para></P4><P4><Pnumber>ii</Pnumber><P4para><Text>conceptual design and manufacturing drawings and schemes of components, sub-assemblies;</Text></P4para></P4><P4><Pnumber>iii</Pnumber><P4para><Text>descriptions and explanations necessary for the understanding of those drawings and schemes, and the operation of the EEE;</Text></P4para></P4><P4><Pnumber>iv</Pnumber><P4para><Text>a list of the designated standards applied in full or in part (where applicable specifying the parts which have been applied);</Text></P4para></P4><P4><Pnumber>v</Pnumber><P4para><Text>where designated standards have not been applied, descriptions of the solutions adopted to meet the essential requirements, including a list of other relevant technical specifications applied;</Text></P4para></P4><P4><Pnumber><CommentaryRef Ref="key-ab38a15ef9252821bcbf2050894e4b9d"/>vi</Pnumber><P4para><Text>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .</Text></P4para></P4><P4><Pnumber>vii</Pnumber><P4para><Text>results of design calculations made, examinations carried out and</Text></P4para></P4><P4><Pnumber>viii</Pnumber><P4para><Text>test reports.</Text></P4para></P4></P3para></P3></P1para></P1></P1group></Part></BlockAmendment><AppendText>.</AppendText></P3para></P3></P2para></P2><P2 DocumentURI="http://www.legislation.gov.uk/uksi/2019/188/regulation/18/26" IdURI="http://www.legislation.gov.uk/id/uksi/2019/188/regulation/18/26" id="regulation-18-26"><Pnumber>26</Pnumber><P2para><Text>After Schedule 1, insert—</Text><BlockAmendment TargetClass="unknown" TargetSubClass="unknown" Context="main" Format="default"><Schedule><Number>SCHEDULE 1A</Number><TitleBlock><Title>Declaration of conformity Regulation 14(2)1Declaration of conformity (unique identification of the EEE):2Name and address of the manufacturer or, where applicable, authorised representative:3This declaration of conformity is issued under the sole responsibility of the manufacturer (or installer):4Object of the declaration (identification of EEE allowing traceability: it may include a photograph, where appropriate):5The object of the declaration described above is in conformity with relevant statutory requirements:6Where applicable, references to the relevant designated standards used or references to the technical specifications in relation to which conformity is declared:7Additional information:Signed for and on behalf of:place and date of issue:name, function) (signature:.27In Schedule 2, omit paragraph 2(4)(a)(ii).The Waste Electrical and Electronic Equipment Regulations 2013191The Waste Electrical and Electronic Equipment Regulations 2013 are amended as follows.2In regulation 2—ain the definition of “the Directive” (as substituted by regulation 8(2)), at the end insert “ , as read in accordance with regulation 2A ”;bin the definition of “the Waste Directive”, at the end insert “ and as read in accordance with regulation 2B ”;cin the definition of “active implantable medical device”, for the words from “point (c)” to “devices”, substitute “ regulation 2(1) of the Medical Devices Regulations 2002 ”;din the definition of “in vitro diagnostic medical device”, for the words from “within the meaning of” to the end, substitute “ within the meaning of regulation 2(1) of the Medical Devices Regulations 2002, which is EEE ”;ein the definition of “making available on the market”, for “a Member State” substitute “ the United Kingdom ”;fin the definition of “medical device”, for the words from “within the meaning of” to the end, substitute “ within the meaning of regulation 2(1) of the Medical Devices Regulations 2002, which is WEEE ”;gomit the definition of “Member State”;gabefore the definition of “Natural Resources Body for Wales” insert—“national authority” means—in relation to England, the Secretary of State;in relation to Wales, the Welsh Ministers;in relation to Scotland, the Scottish Ministers;in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;;hin the definition of “placing on the market”, omit “within the territory of a Member State”;iin the definition of “producer”—iin the words before sub-paragraph (a), omit the words from “in accordance” to “consumer rights”;iiin sub-paragraphs (a) and (b)—aafor “a Member State” substitute “ the United Kingdom ”;bbfor “territory of that Member State” substitute “ United Kingdom ”;iiifor sub-paragraphs (c) and (d) substitute—cis established in the United Kingdom and places on the market, on a professional basis, EEE from a country other than the United Kingdom; ordsells EEE by means of distance communication directly to private households or to users other than private households in the United Kingdom and is established in a country other than the United Kingdom.;jin the definition of “waste electrical and electronic equipment”, after “Waste Directive” insert “, as read with Articles 5 and 6 of that Directive,”.3After regulation 2, insert—Modification of the Directive2A1For the purposes of these Regulations, the Directive is to be read in accordance with this regulation.2A reference to one or more member States or the competent authorities in a provision imposing an obligation or conferring a discretion on a member State, member States or competent authority is to be read as a reference to the national authority or appropriate authority which, immediately before IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion.3A reference to a term in the Directive which is defined in regulation 2 to these Regulations is to be read as if it had the meaning given in regulation 2.4Article 3 is to be read as if paragraphs 1(e), (f) and (l) and (2) were omitted.5Article 5(2)(e) is to be read as if “and Union” were omitted.6Article 8 is to be read as if—aparagraph 4 were omitted;bin paragraph 5, the second to fifth subparagraphs were omitted.7Article 9 is to be read as if—ain paragraphs 1 and 2, for “Directive 2008/98/EC” there were substituted “ the Waste Directive ”;bin paragraph 3, for the words “Article 11” there were substituted “paragraphs 23 and 24 of Schedule 11 to the Waste Electrical and Electronic Equipment Regulations 2013;cafter paragraph 3, there were inserted—<P1><Pnumber>4</Pnumber><P1para><Text>In paragraph 3, “permit”—</Text><P3><Pnumber>a</Pnumber><P3para><Text>in relation to England and Wales, means an environmental permit issued under regulation 13(1) of the Environmental Permitting Regulations 2016;</Text></P3para></P3><P3><Pnumber>b</Pnumber><P3para><Text>in relation to Northern Ireland, means—</Text><P4><Pnumber>i</Pnumber><P4para><Text>a waste management licence granted under Article 6 of the Waste and Contaminated Land (Northern Ireland) Order 1997 <CommentaryRef Ref="c23760461"/>, or</Text></P4para></P4><P4><Pnumber>ii</Pnumber><P4para><Text>a permit granted under regulation 10 of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013 <CommentaryRef Ref="c23760471"/>;</Text></P4para></P4></P3para></P3><P3><Pnumber>c</Pnumber><P3para><Text>in relation to Scotland, means a site licence issued under section 35 of the Environmental Protection Act 1990 <CommentaryRef Ref="c23760481"/> or a permit issued under regulation 13 of the Pollution Prevention and Control (Scotland) Regulations 2012.</Text></P3para></P3></P1para></P1></P1group></BlockAmendment><AppendText>.</AppendText></P3para></P3></P2para></P2><P2><Pnumber>8</Pnumber><P2para><Text>Article 11 is to be read as if paragraphs 3 and 6 were omitted.</Text></P2para></P2><P2><Pnumber>9</Pnumber><P2para><Text>Annex 7 is to be read as if, in paragraph 1—</Text><P3><Pnumber>a</Pnumber><P3para><Text>in the first subparagraph—</Text><P4><Pnumber>i</Pnumber><P4para><Text>in the first indent, for the words from “Council Directive <Citation URI="http://www.legislation.gov.uk/id/eudr/1996/59" id="c00162" Class="EuropeanUnionDirective" Year="1996" Number="59">96/59/EC</Citation> <CommentaryRef Ref="c23760491"/>”to the end there were substituted <InlineAmendment>“ the relevant PCB legislation ”</InlineAmendment>;</Text></P4para></P4><P4><Pnumber>ii</Pnumber><P4para><Text>in the thirteenth indent, for the words from “Commission Directive <Citation URI="http://www.legislation.gov.uk/id/eudr/1997/69" id="c00163" Class="EuropeanUnionDirective" Year="1997" Number="69">97/69/EC</Citation> <CommentaryRef Ref="c23760501"/>” to the end there were substituted <InlineAmendment>“ Regulation <Citation URI="http://www.legislation.gov.uk/id/eur/2008/1272" id="c00164" Class="EuropeanUnionRegulation" Year="2008" Number="1272">(EC) No 1272/2008</Citation> of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures ”</InlineAmendment>;</Text></P4para></P4><P4><Pnumber>iii</Pnumber><P4para><Text>in the fourteenth indent, for the words from “Article 3” to the end there were substituted <InlineAmendment>“ Annex 7 to the Basic Safety Standards Directive ”</InlineAmendment>;</Text></P4para></P4></P3para></P3><P3><Pnumber>b</Pnumber><P3para><Text>in the second subparagraph, for “Directive <Citation URI="http://www.legislation.gov.uk/id/eudr/2008/98" id="c00165" Class="EuropeanUnionDirective" Year="2008" Number="98">2008/98/EC</Citation>” there were substituted <InlineAmendment>“ the Waste Directive ”</InlineAmendment>.</Text></P3para></P3></P2para></P2><P2><Pnumber>10</Pnumber><P2para><Text>Annex 8 is to be read as if, in paragraph 1, in the words before the first indent, the words from “(without prejudice” to “landfill of waste)” were omitted.</Text></P2para></P2><P2><Pnumber>11</Pnumber><P2para><Text>In paragraph (8)(a)(i), the “<Term>relevant PCB legislation</Term>” means—</Text><P3><Pnumber>a</Pnumber><P3para><Text>in relation to England and Wales, the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000 <CommentaryRef Ref="c23760511"/>;</Text></P3para></P3><P3><Pnumber>b</Pnumber><P3para><Text>in relation to Scotland, the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (Scotland) Regulations 2000 <CommentaryRef Ref="c23760521"/>;</Text></P3para></P3><P3><Pnumber>c</Pnumber><P3para><Text>in relation to Northern Ireland, the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) Regulations (Northern Ireland) 2000 <CommentaryRef Ref="c23760531"/>.</Text></P3para></P3></P2para></P2></P1para></P1></P1group><P1group><Title>Modification of the Waste Directive2B1For the purposes of these Regulations, the Waste Directive is to be read in accordance with this regulation.2A reference to one or more member States or a competent authority in a provision imposing an obligation or conferring a discretion on a member State, member States or competent authority is to be read as a reference to the national authority or appropriate authority which, immediately before IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion.3Article 3(20) is to be read as if for “Article 2(11) of Directive 96/61/EC” there were substituted “ Article 3(10) of the Industrial Emissions Directive ”.4 Article 5 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 relevant guidance published by the national authority or the appropriate authority.;cparagraphs 2 and 3 were omitted. 5 Article 6 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 retained direct EU legislation setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; andbhaving regard to any relevant guidance published by the national authority or the appropriate authority.;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 out as referred to in paragraph 1A(a), the appropriate 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. 6 Article 7 is to be read as if—abefore paragraph 1 there were inserted—A1In 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).;bin paragraph 1—ithe first and second sentences were omitted;iifor 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.”;cparagraphs 2, 3, 6 and 7 were omitted. 7Article 23 is to be read as if in paragraph 5, “or Community” were omitted.7AArticle 25 is to be read as if paragraph 3 were omitted. 8Annex 3 is to read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted.Meaning of “the Basic Safety Standards Directive” and “the Industrial Emissions Directive”2C1In regulation 2A(8)(a)(iii) and this regulation, “the Basic Safety Standards Directive” means Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, read in accordance with paragraphs (2) to (4).2A reference to one or more member States or a competent authority in a provision imposing an obligation or conferring a discretion on a member State, member States or competent authority is to be read as a reference to the national authority or appropriate authority which, immediately before IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion.3Article 4(79) is to be read as if “under the legislative and regulatory framework of the Member State” there were substituted “in the United Kingdom”.4Annex 7 is to be read as if, in section 2—ain points (c) and (d), “Community” were omitted;bin point (e), in the second sentence, for “Article 75” there were substituted “ regulation 7 of the Ionising Radiation (Basic Safety Standards) (Miscellaneous Provisions) Regulations 2018 ”.5In regulation 2B(3), “the Industrial Emissions Directive” means Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control), read in accordance with paragraphs (6) and (7).6Article 3 is to be read as if—ain point (1)(a), for the words from “Article 1” to the end there were substituted “ Article 4(78) of the Basic Safety Standards Directive ”;bin point (10)(b), for “Member State in question” there were substituted “ United Kingdom ”;cin point (23), for the words from “point 1” to the end there were substituted “ point 1 of the second subparagraph of Article 2 of Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs ”;din point (37), for the words from “of the European” to the end there were substituted “ , read with Articles 5 and 6 of that Directive ”.7Annex 1 is to be read as if—ain the words before point 1, the second paragraph were omitted;bin point 5.3—iin point (a), in the words before point (i), for “Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment” there were substituted “ the urban waste water treatment legislation ”;iiin point (b), in the words before point (i), for “Directive 91/271/EEC” there were substituted “ the urban waste water treatment legislation ”;cin point 5.4, the reference to Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste were a reference to the Landfill Directive;din point 6.9, for “Directive 2009/31/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2009/31/EC ”;ein point 6.11, for “Directive 91/271/EEC” there were substituted “ the urban waste water treatment legislation ”.8In paragraph (7)(b) and (e), “the urban waste water treatment legislation” means—ain England and Wales, the Urban Waste Water Treatment (England and Wales) Regulations 1994;bin Scotland, the Urban Waste Water Treatment (Scotland) Regulations 1994;cin Northern Ireland, the Urban Waste Water Treatment Regulations (Northern Ireland) 2007.9 In paragraph (7)(c), “the Landfill Directive” means Council Directive 1999/31/EC on the landfill of waste, as last amended by Directive (EU) 2018/850, and read as if, in Article 2—ain point (a) “‘waste’,” were omitted; andbafter point (a) there were inserted—aa“waste” means anything that—iis waste within the meaning of Article 3(1) of Directive 2008/98/EC, as read with Articles 5 and 6 of that Directive, andiiis not excluded from the scope of that Directive by Article 2(1), (2) or (3) of that Directive;. .4In regulation 7—ain paragraph (a), for “Member States” substitute “ the United Kingdom ”;bin paragraph (b), for “this Directive” substitute “ these Regulations ”.5In regulation 10—afor the heading substitute “Retained EU law etc”;bfor “existing EU legislation” substitute “retained EU law and, in relation to Northern Ireland, EU legislation which has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement,”.6Omit regulation 13.7In regulation 14(1A), for “Member State” substitute “ country ”.8In regulation 44(a), for “requirement on each Member State under Article 5(1) of the Directive” substitute “ need ”.9In regulation 71, in paragraph (1)—aafter sub-paragraph (a), omit “or”;bomit sub-paragraph (b).10In regulation 74(2)(a), for the words “the framework”, substitute “ accordance with Article 1(1) ”.11In Schedule 8—ain paragraph 7, omit “European or”;bin paragraphs 26 and 31—iin sub-paragraph (c), for “a Member State” substitute “ the United Kingdom ”;iiin sub-paragraph (d), for “another destination within or outside the Union” substitute “ a destination outside the United Kingdom ”.12In Schedule 9—ain paragraph 1—iin the words before sub-paragraph (a), for “Member States shall require the holder to” substitute “ the holder must ”;iiin sub-paragraph (c), at the end insert “ , as read with Articles 5 and 6 of that Directive ”;bin paragraph 3—ifor “, Member States” substitute “ the appropriate authority ”;iiin sub-paragraph (d)(i), for the words from “Annex II” to “Annex III” substitute “ Schedule 2 or Schedule 4, as appropriate, and category set out in Schedule 1 or Schedule 2 ”;cin paragraph 5, for “Member State authorities” substitute “ the appropriate authority ”.The Packaging (Essential Requirements) Regulations 2015201The Packaging (Essential Requirements) Regulations 2015 are amended as follows.2In regulation 2—ain paragraph (1)—iomit the definitions of “the Directive” and “the Commission”;iiin the definition of “essential requirements”, omit “in Annex II of the Directive and which are”;iiiin the definition of “packaging waste”, after “Directive” insert “ , as read with Articles 5 and 6 of that Directive, ”;ivin the definition of “responsible person”, for “European Union” substitute “ United Kingdom ”;vin the definition of “the Waste Directive, at the end insert “ , and as read in accordance with regulation 2A ”;bomit paragraph (2).3After regulation 2 insert—Modification of the Waste Directive2A1For the purposes of these Regulations, the Waste Directive is to be read in accordance with this regulation.2 Article 5 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 appropriate agency for the purposes of this Article.;cparagraphs 2 and 3 were omitted. 3Article 6 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 retained direct EU 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 appropriate agency 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 out as referred to in paragraph 1A(a), the appropriate agency”;bbthe second sentence were omitted;iiin the second subparagraph—aafor “Member States” there were substituted “The appropriate agency”;bb“by competent authorities” were omitted.4In this regulation—“appropriate agency” means—in relation to England, the Environment Agency;in relation to Wales, the Natural Resources Body for Wales;in relation to Scotland, the Scottish Environment Protection Agency;“appropriate authority” means—in relation to England, the Secretary of State;in relation to Wales, the Welsh Ministers;in relation to Scotland, the Scottish Ministers..4In regulation 3(4), omit the words from “referred to in” to the end.5In regulation 4—ain paragraph (1), for “EU market” substitute “market of Great Britain”;bfor paragraphs (3) and (4), substitute—3Packaging complies with the essential requirements if it—asatisfies a harmonised standard; orbwhere there are no harmonised standards, satisfies a recognised quality standard.4In paragraph (3)—“harmonised standard” means a harmonising standard produced by the Comité Européen de Normalisation (CEN) , which—relates to packaging and packaging waste; andis published in (and not withdrawn from) the Official Journal of the European Union;“recognised quality standard” means a standard produced by a member State—that relates to packaging and packaging waste; andthe reference number to which is published in (and not withdrawn from) the Official Journal of the European Union..6In regulation 5(1), for “EU market” substitute “market of Great Britain”.7Omit regulation 12(2).8In Schedule 1—ain the heading, omit “(Annex II to the Directive)”;bin paragraph 3(1), for “the European Union” substitute “ retained EU law ”.9In Schedule 2, in paragraph 2—afor “European Union” in both places it occurs substitute “ United Kingdom ”;bin sub-paragraph (2), in the words after paragraph (b), for “EU” substitute “ United Kingdom ”.10In Schedule 3, in paragraph 2(1), for “EU” substitute “ United Kingdom ”.Thérèse Coffey Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs

(This note is not part of the Regulations)

These Regulations make amendments to subordinate legislation in the field of waste, and, in particular, amend legislation in relation to end-of-life vehicles, hazardous waste, controlled waste, waste batteries and accumulators, the management of waste from extractive industries, waste electrical and electronic equipment, and packaging waste,

Part 2 of these Regulations updates out of date references.

Part 3 of these Regulations is made in exercise of the powers in section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures to operate effectively and other deficiencies (in particular under section 8(2)(a), (b), (d) and (g)) arising from the withdrawal of the United Kingdom from the European Union.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.

1972 c. 68. Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1)(a) and the European Union (Amendment) Act 2008 (c. 7), the Schedule, Part 1. It is prospectively repealed by the European Union (Withdrawal) Act 2018 (c. 16), section 1 from exit day (see section 20 of that Act). Under section 57(1) of the Scotland Act 1998 (c. 46), despite the transfer to Scottish Ministers of functions in relation to implementing obligations under EU law in relation to devolved matters, the Secretary of State retains power to exercise such functions as regards Scotland. Under paragraph 5 of Schedule 3 to the Government of Wales Act 2006 (c. 32), despite the transfer to the Welsh Ministers of functions in relation to implementing obligations under EU law in relation to devolved matters, the Secretary of State retains power to exercise such functions as regards Wales.2018 c. 16.S.I. 2007/3471, to which there are amendments not relevant to these Regulations.S.I. 2004/706, to which there are amendments not relevant to these Regulations.S.I. 2001/3495, to which there are amendments not relevant to these Regulations.S.I. 1992/2870, to which there are amendments not relevant to these Regulations.S.I. 1996/266, to which there are amendments not relevant to these Regulations.S.I. 2003/2635, amended by S.I. 2005/263, 2007/3538, 2010/1094, 2011/988, 1043, 2016/738, 2018/235 and 942, and by S.S.I. 2011/226.S.I. 2016/1154, to which there are amendments not relevant to these Regulations.S.S.I. 2003/593, to which there are amendments not relevant to these Regulations.S.S.I. 2012/360, amended by S.S.I. 2014/267, 2015/438 and 2017/446; there are other amending instruments but none are relevant.S.R. 2003 No. 493, amended by S.R. 2011 No. 127; there are other amending instruments but none is relevant.S.R. 2013 No. 160, amended by S.R. 2014 No. 304; there are other amending instruments but none is relevant.S.I. 2005/263, amended by S.I. 2010/1095, 2011/988, 1043, 2013/755 (W. 90), 2016/738, 2018/235 and 942, and by S.S.I 2011/226.S.I. 2007/871; relevant amending instruments are S.I. 2008/1941, 2010/2849, 2011/1043, 2016/738, 2018/575, 721.OJ No L 115, 6.5.2015, p. 11.OJ No L 150, 14.6.2017, p. 1.OJ No L 294, 11.11.2015, p.1.OJ No L 197, 4.7.2014, p. 10.S.I. 2008/2164: relevant amending instruments are S.I. 2011/988, 2011/1043, 2015/1360 and S.S.S.I 2011/226.OJ No L 150, 14.6.2017, p.1.S.I. 2009/890; relevant amending instruments are S.I. 2011/988, 1043, 2013/3134 and 2015/1360 and S.S.I. 2011/226.OJ No L 70, 8.3.2012, p 1.OJ No L 312, 22.11.08, p.3.OJ No L 182, 16.7.1999, p 1.OJ No L 328, 10.12.2011, p 49.S.I. 2012/811, amended by S.I. 2012/2320: there are other amending instruments but none are relevant.S.I. 2013/3113; relevant amending instruments are S.I. 2015/1968, 2016/738, 2018/942.OJ No L 197, 24.7.2012, p. 38.1994 c. 39.1972. c. 9 (N.I.); section 1 was amended by the Local Government (Boundaries) Act (Northern Ireland) 2008 (c. 7) (N.I.), section 3(1) and S.I. 1985/454.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).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).S.I. 2003/3245, amended by S.I. 2016/139 and 2017/407.S.I. 2004/99, amended by S.I. 2016/139; there are other amending instruments but none is relevant.S.I. 2017/407, to which there are amendments not relevant to these Regulations.S.I. 2009/1927, amended by S.I. 2016/1154; there are other amending instruments but none is relevant.OJ No L 377, 31.12.1991, p 20, repealed by Directive 2008/98/EC of the European Parliament and of the Council (OJ No L 312, 22.11.2008, p 3).OJ No 196, 16.8.1967, p 1 (Special Edition Series I Volume 1967 p 234), repealed by Regulation (EC) No 1272/2008 of the European Parliament and of the Council (OJ No L 353, 31.12.2008, p 1).OJ No L 200, 30.7.1999, p 1, repealed by Regulation (EC) No 1272/2008 of the European Parliament and of the Council (OJ No L 353, 31.12.2008, p 1).See for example the Coastal Protection Act 1949 (c.74), the Salmon and Freshwater Fisheries Act 1975 (c.51), the Food and Environment Protection Act 1985 (c.48), the Environmental Protection Act 1990 (c.43), the Water Industry Act 1991 (c.56), the Water Resources Act 1991 (c.57), the Land Drainage Act 1991 (c.59), the Environment Act 1995 (c.25), the Water Act 2003 (c.37), the Marine and Coastal Access Act 2009 (c.23), and S.I. 1986/1510, 1989/1263, 1994/2941, 2001/2954, 2003/3245, 2004/99, 2007/1518, 2009/995 (W 81), 3104, 2010/639, 740, 1493 (W 136), 2011/735, 2015/483, 668, 810, 2016/614, 2017/407, 2018/151OJ No L 175, 5.7.1985, p 40, repealed by Directive 2011/92/EU of the European Parliament and of the Council (OJ No L 26, 28.1.2012, p 1).OJ No L 26, 28.1.2012, p 1, as amended by Directive 2014/52/EU of the European Parliament and of the Council (OJ No L 124, 25.4.2014, p 1).See for example S.I. 2012/698, 2014/557, 615, 2015/398, 446, 660, 810, 1937 (W 291), 2017/280 (W 74), 407, 565 (W 134), 567 (W 136), 571, 572, 580, 582, 583, 585, 588, 592, 593, 1070, 2018/695, 798, 834.OJ No L 129, 18.5.1976, p 23, repealed by Directive 2006/11/EC of the European Parliament and of the Council (OJ No L 64, 4.3.2006, p 52).OJ No L 20, 26.1.1980, p 43, repealed by Directive 2000/60/EC of the European Parliament and of the Council (OJ No L 327, 22.12.2000, p 1).S.I. 2011/988; relevant amending instruments are S.I. 2016/728, 691 (W.189), 2018/575, 721 (W.140).S.I. 2016/1154, to which there are amendments not relevant to these Regulations.S.I. 2012/3032, amended by S.I. 2018/942; there are other amending instruments but none is relevant.OJ No L, 252, 16.9.2016, p. 53.S.I 2002/618, amended by S.I. 2003/1697 and 2007/400: there are other amending instruments but none is relevant.OJ No L 218, 13.8.2008, p.82.S.I. 2002/618, amended by S.I. 2008/2936: there are other amending instruments but none is relevant.S.I. 1997/2778 (N.I. 19).S.R. 2013 No. 160, amended by S.R. 2014 No. 304; there are other amending instruments but none is relevant.Section 35 was amended by paragraph 66(2) of Schedule 22 to the Environment Act 1995 (c.25), by paragraph 3(20 of Part 1 of Schedule 3 to the Regulatory Reform (Scotland) Act 2014 (asp 3) and by S.S.I. 2000/323 and 2011/226.OJ No L 243, 24.9.1996, p 31, 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).OJ No L 343, 13.12.1997, p 19, repealed by Regulation (EC) No 1272/2008 of the European Parliament and of the Council (OJ No L 353, 31.12.2008, p 1).S.I. 2000/1043, amended by S.I. 2000/3359, 2005/894, 1806 (W 138), 2010/1159, 1820 (W 177), 2011/988, 2013/755 (W 90).S.S.I 2000/95, to which there are amendments not relevant to these Regulations.S.R. 2000 No. 232, to which there are amendments not relevant to these Regulations.S.I. 2018/482.S.I. 2015/1640, amended by S.I. 2018/942.www.cenorm.be.Reg. 17 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)Words in reg. 13(4)(b) 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), 11(7)(c)Reg. 12 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)Reg. 14 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)Words in reg. 17(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), 11(11)(c)Reg. 20(5)(a) 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), 11(13)(b)Reg. 9(5)(b) 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), 11(3)(b)Reg. 18(2)(f) omitted (31.12.2020 immediately before IP completion day) by virtue of The Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1647), regs. 1(2), 16(2)Words in reg. 10(3) omitted (31.12.2020 immediately before IP completion day) by virtue of The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 11(4)(c)Words in reg. 9(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), 11(3)(a)Words in reg. 14(3) omitted (31.12.2020 immediately before IP completion day) by virtue of The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 11(8)(b)(i)Words in reg. 16(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), 11(10)(b)(ii)Reg. 10(2)(e) omitted (1.9.2020) by virtue of The Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818), reg. 1(b), Sch. 6 para. 36(3)(a) (with Sch. 4 paras. 16, 17)Words in reg. 16(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), 11(10)(b)(i)Reg. 19(2)(ga) inserted (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), 11(12)(a)(i)Words in reg. 11(4)(b) 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), 11(5)(c)Words in reg. 10(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), 11(4)(a)(ii)Words in reg. 19(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), 11(12)(c)(i)Words in reg. 11(3) omitted (31.12.2020 immediately before IP completion day) by virtue of The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 11(5)(a)(ii)Words in reg. 15(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), 11(9)(c)Reg. 2 in force at 28.2.2019, see reg. 1(2)(a)Reg. 8 in force at 28.2.2019, see reg. 1(2)(a)Words in reg. 10(3) omitted (31.12.2020 immediately before IP completion day) by virtue of The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 11(4)(b)(ii)Reg. 18(2)(c) omitted (31.12.2020 immediately before IP completion day) by virtue of The Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1647), regs. 1(2), 16(2)Reg. 16(6)(za) inserted (31.12.2020 immediately before IP completion day) by The Environment and Rural Affairs (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1078), regs. 1, 4(4)(b); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 12(3) omitted (31.12.2020 immediately before IP completion day) by virtue of The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 11(6)(b)(iv)Reg. 4 in force at 28.2.2019, see reg. 1(2)(a)Reg. 13 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)Words in reg. 10(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), 11(4)(a)(i)Reg. 10(4) 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), 11(4)(d)Words in reg. 12(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), 11(6)(b)(ii)Words in reg. 14(9) 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), 11(8)(d)Words in reg. 11(7) inserted (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), 11(5)(d)Words in reg. 10(3) omitted (31.12.2020 immediately before IP completion day) by virtue of The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 11(4)(a)(iii)Words in reg. 19(3) inserted (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), 11(12)(c)(iii)Reg. 9(10) substituted (31.12.2020 immediately before IP completion day) by The Environment and Rural Affairs (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1078), regs. 1, 4(2); 2020 c. 1, Sch. 5 para. 1(1)Reg. 13(2)(b) 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), 11(7)(a)Words in reg. 11(3) omitted (31.12.2020 immediately before IP completion day) by virtue of The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 11(5)(b)(i)Words in reg. 16(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), 11(10)(d)(ii)Word in reg. 19(5)(a) inserted (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), 11(12)(e)(i)Words in reg. 15(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), 11(9)(b)(i)Words in reg. 15(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), 11(9)(a)Reg. 10(5)(b) 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), 11(4)(e)Reg. 20(6) 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), 11(13)(c)Words in reg. 12(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), 11(6)(b)(i)Words in reg. 15(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), 11(9)(b)(iii)Reg. 20 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)Reg. 1 in force at 28.2.2019, see reg. 1(2)(a)Reg. 19 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)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), 11(5)(a)(i)Reg. 14(2)(c) 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), 11(8)(a)(ii)Reg. 12(2)(b)(i) 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), 11(6)(a)Words in reg. 19(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), 11(12)(d)(i)Words in reg. 16(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), 11(10)(c)Reg. 16(6)(a) omitted (31.12.2020 immediately before IP completion day) by virtue of The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 11(10)(f)Reg. 7 in force at 28.2.2019, see reg. 1(2)(a)Reg. 18 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)Words in reg. 17(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), 11(11)(b)(ii)Words in reg. 10(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), 11(4)(b)(iii)Reg. 18(2)(e) omitted (31.12.2020 immediately before IP completion day) by virtue of The Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1647), regs. 1(2), 16(2)Reg. 9 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)Reg. 14(3A) inserted (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), 11(8)(c)Words in reg. 12(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), 11(6)(b)(iii)Reg. 6 in force at 28.2.2019, see reg. 1(2)(a)Words in reg. 16(3) inserted (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), 11(10)(d)(iv)Words in reg. 16(5)(a) inserted (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), 11(10)(e)Words in reg. 19(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), 11(12)(b)Words in reg. 17(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), 11(11)(b)(i)Reg. 10(7) inserted (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), 11(4)(f)Reg. 5 in force at 28.2.2019, see reg. 1(2)(a)Words in reg. 16(3) inserted (31.12.2020 immediately before IP completion day) by The Environment and Rural Affairs (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1078), regs. 1, 4(4)(a); 2020 c. 1, Sch. 5 para. 1(1)Reg. 14(2)(b) omitted (31.12.2020 immediately before IP completion day) by virtue of The Environment and Rural Affairs (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1078), regs. 1, 4(3); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 11(3) omitted (31.12.2020 immediately before IP completion day) by virtue of The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 11(5)(b)(ii)Words in reg. 10(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), 11(4)(b)(i)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), 11(5)(a)(iii)Words in reg. 18(25)(c) omitted (31.12.2020 immediately before IP completion day) by virtue of The Environment and Rural Affairs (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1078), regs. 1, 4(5); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 20(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), 11(13)(a)Words in reg. 16(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), 11(10)(d)(iii)Reg. 19(2)(j) inserted (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), 11(12)(a)(ii)Words in reg. 14(13) inserted (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), 11(8)(e)Reg. 10 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)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)Words in reg. 12(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), 11(6)(f)Words in reg. 10(3) omitted (31.12.2020 immediately before IP completion day) by virtue of The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 11(4)(b)(iv)Words in reg. 15(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), 11(9)(b)(ii)Reg. 13(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), 11(7)(b)Reg. 10(6)(b) omitted (1.9.2020) by virtue of The Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818), reg. 1(b), Sch. 6 para. 36(3)(b) (with Sch. 4 paras. 16, 17)Words in reg. 14(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), 11(8)(b)(ii)Reg. 12(4) 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), 11(6)(d)Words in reg. 19(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), 11(12)(d)(ii)Reg. 3 in force at 28.2.2019, see reg. 1(2)(a)Words in reg. 16(5)(c)(i) inserted (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), 11(10)(e)Words in reg. 16(2)(b) 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), 11(10)(a)Reg. 16 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)Reg. 12(4A) inserted (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), 11(6)(e)Words in reg. 16(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), 11(10)(d)(i)Reg. 1A inserted (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), 11(2)Reg. 9(2)(c) omitted (1.9.2020) by virtue of The Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818), reg. 1(b), Sch. 6 para. 36(2)(a) (with Sch. 4 paras. 16, 17)Words in reg. 19(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), 11(12)(c)(ii)Reg. 14(2)(a)(iv) inserted (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), 11(8)(a)(i)Reg. 15 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)Words in reg. 14(3) omitted (31.12.2020 immediately before IP completion day) by virtue of The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 11(8)(b)(iii)Words in reg. 14(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), 11(8)(b)(iv)(aa)Words in reg. 19(5)(b) inserted (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), 11(12)(e)(ii)Reg. 17(2)(aa) inserted (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), 11(11)(a)Words in reg. 12(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), 11(6)(c)(i)Words in reg. 12(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), 11(6)(c)(ii)Reg. 9(6) omitted (1.9.2020) by virtue of The Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818), reg. 1(b), Sch. 6 para. 36(2)(b) (with Sch. 4 paras. 16, 17)Words in reg. 14(3) omitted (31.12.2020 immediately before IP completion day) by virtue of The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 11(8)(b)(iv)(bb)