2018 No. 721 (W. 140)
Environmental Protection, Wales
Waste, Wales

The Hazardous Waste (Miscellaneous Amendments) (Wales) Regulations 2018

Made
Laid before the National Assembly for Wales
Coming into force
The Welsh Ministers are designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to—
(a)
measures relating to the prevention, reduction and elimination of pollution caused by waste and the management of packaging and packaging waste3;
(b)
the prevention, reduction and management of waste4.

The Welsh Ministers make these Regulations in exercise of the powers conferred upon them by section 2(2) of the European Communities Act 1972.

Title, commencement and application1.

(1)

The title of these Regulations is the Hazardous Waste (Miscellaneous Amendments) (Wales) Regulations 2018.

(2)

These Regulations come into force on 5 July 2018.

(3)

These Regulations apply in relation to Wales.

Amendment of the Environmental Protection Act 19902.

In section 62A(2)(b) of the Environmental Protection Act 19905 (lists of waste displaying hazardous properties), after “Directive 2008/98/EC”, insert “, as last amended by Council Regulation (EU) 2017/997”.

Amendment of the Hazardous Waste (Wales) Regulations 20053.

For regulation 2(1)(a) of the Hazardous Waste (Wales) Regulations 20056 (the Waste Directive and the meaning of Waste), substitute—

“(a)

“the Waste Directive” (“y Gyfarwyddeb Wastraff”) means Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives, as last amended by Council Regulation (EU) 2017/997;”.

Amendment of the Producer Responsibility Obligations (Packaging Waste) Regulations 20074.

In regulation 2(1) of the Producer Responsibility Obligations (Packaging Waste) Regulations 20077 (interpretation and notices), in the definition of “the Waste Directive”, at the end, before the semi-colon, insert “, as last amended by Council Regulation (EU) 2017/997”.

Amendment of the Waste (England and Wales) Regulations 20115.

In regulation 3(1) of the Waste (England and Wales) Regulations 20118 (interpretation), in the definition of “the Waste Framework Directive”, at the end, before the semi-colon, insert “, as last amended by Council Regulation (EU) 2017/997”.

Amendment of the Environmental Permitting (England and Wales) Regulations 20166.

In regulation 3 of the Environmental Permitting (England and Wales) Regulations 20169 (interpretation: Directives), in the definition of “the Waste Framework Directive”, at the end, before the semi-colon, insert “, as last amended by Council Regulation (EU) 2017/997”.

Revocations7.

The following regulations are revoked—

(a)

regulation 3(2) of the Hazardous Waste (Miscellaneous Amendments) (Wales) Regulations 201510;

(b)

regulation 3(2) of the Waste (Meaning of Recovery) (Miscellaneous Amendments) (Wales) Regulations 201611.
Lesley Griffiths
Cabinet Secretary for Energy, Planning and Rural Affairs, one of the Welsh Ministers
EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations amend legislation which refers to Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ No L 312, 22.11.2008, p. 3).

The amendments made by these Regulations are necessary in order to implement Council Regulation (EU) 2017/997 of 8 June 2017 amending Annex III to Directive 2008/98/EC of the European Parliament and of the Council as regards the hazardous property HP 14 ‘Ecotoxic’ (OJ No L 150, 14.6.2017, p. 1).

The Welsh Ministers’ Code of Practice on the carrying out of regulatory impact assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.