Section 75A: Modification of the Waste Framework Directive, Environmental Protection Act 1990

For the purposes of this Part, the Waste Framework Directive is to be read in accordance with this section.

A reference to one or more member States in a provision of the Waste Framework Directive 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, waste regulation 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, Wales or Scotland.

Article 2 is to be read as if—

in paragraph 2—

in the words before point (a), for "other Community legislation" there were substituted ;"assimilated law"

in points (b) and (c), for "Regulation (EC) No 1774/2002" there were substituted ;" Regulation (EC) No 1069/2009 "

in point (d), as it extends to England and Wales, for the words from "Directive 2006/21/EC" to the end there were substituted ;" the Mining Waste Directive "

for point (d), as it extends to Scotland, there were substituted—dextractive waste, which has the same meaning as in regulation 2(1) of the Management of Extractive Waste (Scotland) Regulations 2010 (S.S.I. 2010/60).;

in paragraph 3, the words from "Without prejudice" to "Community legislation," were omitted;

paragraph 4 were omitted.

Article 5 is to be read as if—

in paragraph 1, "Member States shall take appropriate measures to ensure that" were omitted;

after 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 waste regulation authority for the purposes of this Article.;

paragraphs 2 and 3 were omitted.

Article 6 is to be read as if—

in paragraph 1, "Member States shall take appropriate measures to ensure that" were omitted;

after 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 assimilated direct 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 waste regulation authority for the purposes of this Article.;

in paragraph 2—

the first subparagraph were omitted;

in the second subparagraph, for "Those detailed criteria" there were substituted "Any detailed criteria set out in guidance as referred to in paragraph 1A";

the third and fourth subparagraphs were omitted;

paragraph 3 were omitted;

in paragraph 4—

in 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 waste regulation authority";bbthe second sentence were omitted;

in the second subparagraph—aafor "Member States" there were substituted "The waste regulation authority";bb"by competent authorities" were omitted.

Article 7 is to be read as if—

before 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 or Scotland (as the case may be).;

in paragraph 1—

the first and second sentences were omitted;

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.";

paragraphs 2, 3, 6 and 7 were omitted.

Annex 3 is to be read as if, in entry HP 9, in the second sentence, "in the Member States" were omitted.

In this section—

"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;
"local authority" means—
(a)in England outside Greater London—
(b)in Greater London—
(c)in Wales—
(d)in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

Section 75A: Modification of the Waste Framework Directive

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