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PART 3U.K.Amendments to secondary legislation

The Waste Batteries and Accumulators Regulations 2009U.K.

14.—(1) The Waste Batteries and Accumulators Regulations 2009 are amended as follows.

(2) In regulation 2—

(a)in paragraph (1)—

(i)in the definition of “appliance”, after “defined by” insert “ Article 3(1)(a) of ”;

(ii)in the definition of “disposal”, as it extends to Scotland, for “Article 3” substitute “ Article 3(19) ”;

(iii)in the definition of “producer”, omit the words from “(and distance communication” to the end;

[F1(iv)after 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;”;]

F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3(c)omit paragraph (1A).]

(3) After regulation 2 insert—

“Modifications to the Waste Framework Directive

2A.—(1) For the purposes of these Regulations, the Waste Framework Directive is to be read as follows.

F4(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5(3)  Article 5 is to be read as if—

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

(b)after paragraph 1 there were inserted—

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

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

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

(c)paragraphs 2 and 3 were omitted.

(4) Article 6 is to be read as if—

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

(b)after paragraph 1 there were inserted—

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

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

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

(c)in paragraph 2—

(i)the first subparagraph were omitted;

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

(iii)the third and fourth subparagraphs were omitted;

(d)paragraph 3 were omitted;

(e)in paragraph 4—

(i)in the first subparagraph—

(aa)in the first sentence, for the words from the beginning to “Member State”, there were substituted “Where criteria have not been set out as referred to in paragraph 1A(a), the appropriate agency”;

(bb)the second sentence were omitted;

(ii)in the second subparagraph—

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

(bb)“by competent authorities” were omitted.]

F6(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In [F7paragraphs (2) and (3)]—

“appropriate authority” means—

(a)

in relation to England, the Secretary of State,

(b)

in relation to Wales, the Welsh Ministers,

(c)

in relation to Scotland, the Scottish Ministers,

(d)

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

“appropriate agency” means—

(a)

in relation to England, the Environment Agency,

(b)

in relation to Wales, the Natural Resources Body for Wales,

(c)

in relation to Scotland, the Scottish Environment Protection Agency,

(d)

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

F8...”.

[F9(3A) In regulation 6—

(a)in paragraph (2)(a), for “the essential security interests of EEA states” substitute “essential security interests”;

(b)after paragraph (2) insert—

“(3) In paragraph (2)(a)—

(a)as it applies in England and Wales and Scotland, “essential security interests” means the essential security interests of the United Kingdom;

(b)as it applies in Northern Ireland, “essential security interests” means the essential security interests of the United Kingdom or EEA states.”.]

(4) In 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 ”.

(5) In regulation 13, after paragraph (1) insert—

“(1A) For 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.”.

(6) In 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 ”.

(7) In regulation 23, after paragraph (1) insert—

“(1A) For 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.”.

(8) In regulation 56(4) (as inserted by regulation 6(3)(b)), at the end insert “ , as read in accordance with regulation 56A ”.

(9) After regulation 56 insert—

“Modification of the Landfill Directive

56A.—(1) For the purposes of regulation 56(4), the Landfill Directive is to be read as follows.

[F10(2)  Article 2 is to be read as if—

(a)in point (a)—

(i)“‘waste’,” were omitted; and

(ii)for “Directive 2008/98/EC” there were substituted “the Waste Framework Directive”;

(b)after 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;”;]

(3) Article 3(2) is to be read as if “Without prejudice to existing Community legislation,” were omitted.”.

(10) In 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 ”.

(11) Omit regulation 72(c) (and the “and” immediately preceding it).

(12) In regulation 81, after paragraph (1) insert—

“(1A) For 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.”.

(13) In Schedule 4, in paragraph 10(3)(a)(ii), for “EU legislation” substitute “retained EU law [F11and, in relation to Northern Ireland, EU legislation which has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement]”.

Textual Amendments

Commencement Information

I1Reg. 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)