PART 3 Amendments to secondary legislation

15 The Major Accident Off-site Emergency Plan (Management of Waste from Extractive Industries) (England and Wales) Regulations 2009
1 The Major Accident Off-site Emergency Plan (Management of Waste from Extractive Industries) (England and Wales) Regulations 2009 are amended as follows.
S.I. 2009/1927, amended by S.I. 2016/1154; there are other amending instruments but none is relevant.
2 In regulation 2—
(a) after the definition of “the 2016 Regulations” insert—

““appropriate agency” means—
(a) in relation to England, the Environment Agency;
(b) in relation to Wales, the Natural Resources Body for Wales;
appropriate authority” means—
(a) in relation to England, the Secretary of State;
(b) in relation to Wales, the Welsh Ministers;”

;
(b) after 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;”

;
(c) after the definition of “health authority”

““local authority” means—
(a) in England outside Greater London—
(i) a district council,
(ii) a county council, or
(iii) the Council of the Isles of Scilly;
(b) in Greater London—
(i) the council of a London borough,
(ii) the Common Council of the City of London,
(iii) the Sub-Treasurer of the Inner Temple, or
(iv) the Under-Treasurer of the Middle Temple;
(c) in Wales—
(i) a county council, or
(ii) a county borough council.”

.
(d) in the definition of “Mining Waste Directive”, at the end insert “ as read in accordance with regulation 2A. ”.
3 After regulation 2 insert—

“2A Modifications to the Mining Waste Directive
1 For the purposes of these Regulations, the Mining Waste Directive is to be read in accordance with this regulation.
2 A reference to one or more member States in a provision imposing an obligation or 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.
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)
3 Article 2 is to be read as if—
(a) in paragraph 2(c), the reference to Article 11(3)(j) of Directive 2000/60/EC were a reference to that Article read in accordance with regulation 2B;
(b) paragraphs 3 and 4 were omitted.
4 Article 3 is to be read as if—
(a) in 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 ”;
(b) in 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 ”;
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).
(c) in point (4), for the words from “the national law” to the end there were substituted “ national law ”;
(d) in 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 ”;
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).
(e) in point (18), for “Article 2(11) of Directive 96/61/EC” there were substituted “ Article 3(10) of the Industrial Emissions Directive ”;
(f) in point (24), for the words from “the national law” to “takes place” there were substituted “ national law ”;
(g) in point (26), for the words from “the national law” to “operates” there were substituted “ national law ”;
(h) in point (27), for “which a Member State designates” there were substituted “ designated ”.
5 Article 5 is to be read as if—
(a) in paragraph 2(a)(iii) and (b), “at Community level” were omitted;
(b) in 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 ”;
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, 2018/151
(c) in paragraph 5, “national or Community” were omitted.
6 Article 6(2) is to be read as if the words from “Without prejudice” to “92/104/EEC,” were omitted.
7 Article 7 is to be read as if—
(a) in paragraph 1, in the second subparagraph, “national or Community” were omitted;
(b) in 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 ;
OJ 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.
(c) in paragraph 3(b), for “Article 7 of Directive 75/442/EEC” there were substituted “ Article 13 of the Waste Framework Directive ”;
(d) in paragraph 4, the third indent were omitted;
(e) in paragraph 5, “and Community” were omitted.
8 Article 10 is to be read as if paragraph 2 were omitted.
9 Article 11(2)(a) is to be read as if—
(a) “Community or” were omitted;
(b) 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 ”.
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).
10 Article 12 is to be read as if—
(a) in paragraph 4, “national or Community” were omitted;
(b) in 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 ”.
11 Article 13 is to be read as if—
(a) in paragraph 1, in the words before point (a)—
(i) “Community” were omitted;
(ii) for “Directive 2000/60/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2000/60/EC in respect of England and Wales ”;
(b) in 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 ”;
(c) in 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 ”;
(d) in paragraph 5, in the second sentence—
(i) for “Community” there were substituted “ retained EU law ”;
(ii) for “Directive 2000/60/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2000/60/EC in respect of England and Wales ”.
12 Article 24(4) is to be read as if, in the first paragraph, in the second indent, “Community or” were omitted.
13 Annex 3 is to be read as if—
(a) in the second indent, for “Directive 91/689/EEC” there were substituted “ the Waste Framework Directive ”;
(b) in 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 ”.

2B Modifications to the Water Framework Directive
1 For 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—
(a) the reference to “Member States” were a reference to the appropriate authority or appropriate agency;
(b) in the words after the final indent, “environmental objectives”—
(i) in 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;
(ii) in 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;
(iii) in relation to a river basin district within the meaning of the WFD Regulations, has the same meaning as in those Regulations.
2 In paragraph 1(b), “the WFD Regulations” means the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017.

2C Modifications to the Waste Framework Directive
1 In 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.
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)
2 A reference to one or more member States in a provision imposing an obligation or conferring a discretion on a member State or member States is to be read as a reference to the appropriate authority, 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.
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)
3 Article 2 is to be read as if—
(a) in paragraph 2—
(i) in the words before point (a), for “other Community legislation” there were substitute “ retained EU law ”;
(ii) in points (b) and (c), for “Regulation (EC) No 1774/2002” there were substituted “ Regulation (EC) No 1069/2009 ”;
(iii) in point (d), for the words from “Directive 2006/21/EC” to the end there were substituted “ the Mining Waste Directive ”;
(b) in paragraph 3, the words from “Without prejudice” to “Community legislation,” were omitted;
(c) paragraph 4 were omitted.
4 Article 5 is to be read as if—
(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.
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)
5 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.
6 Article 7 is to be read as if—
(a) before paragraph 1 there were inserted—

“A1 In this Article, the “list of waste” means the list contained in the Annex to Commission Decision 2000/532/EC, as that list has effect in England or in Wales (as the case may be).”

;
(b) in paragraph 1—
(i) the first and second sentences were omitted;
(ii) for the third sentence there were substituted “The list of waste shall, except as provided in Commission Decision 2000/532/EC, be binding as regards determination of the waste which is to be considered as hazardous waste or as non-hazardous waste.”;
(c) paragraphs 2, 3, 6 and 7 were omitted.
7 Annex 3 is to be read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted.

2D Modifications to the Industrial Emissions Directive
1 In 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.
2 Article 3 is to be read as if—
(a) in 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 ”;
(b) in point (10)(b), for “Member State in question” there were substituted “ United Kingdom ”;
(c) in 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 ”;
(d) in 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 ”;
(e) in point (38), for “Directive 2008/98/EC” there were substituted “ the Waste Framework Directive ”.
3 Annex 1 is to be read as if—
(a) in the words before point 1, the second paragraph were omitted;
(b) in point 5.3—
(i) in 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 ”;
(ii) in 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 ”;
(c) in 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;
(d) in 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 ”;
(e) in 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—
(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” means anything that—
(i) is waste within the meaning of Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive, and
(ii) is not excluded from the scope of that Directive by Article 2(1), (2) or (3) of that Directive;”

.
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)”

.
4 Omit regulation 8(2) and (3).
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)