The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019

• (a) in the introduction, omit the second and seventh paragraphs;

• (b) in section 1—

• (i) in section 1.1.1, in the final paragraph, for “Member State” substitute “ appropriate authority ”;

• (ii) in section 1.1.2—

• (aa) in point (f), for “the European waste list (Commission Decision 2001/118/EC)” substitute “ Commission Decision 2000/532/EC ”;

• (bb) in point (g), for the words from “Annex III” to the end, substitute “ Annex 3 to the Waste Framework Directive ”;

• (iii) in section 1.2, in the seventh paragraph, for “Member State” substitute “ appropriate authority ”;

• (c) in section 1.3—

• (i) in the fourth paragraph, for “Member States” substitute “ The appropriate authority ”;

• (ii) in the fifth paragraph, in the second sentence—

• (aa) for “Member State” substitute “ appropriate authority ”;

• (bb) for “Article 11(b)” substitute “ Article 11(1)(b) ”;

• (d) in section 2—

• (i) in the words before section 2.1—

• (aa) for the third paragraph substitute—

The Secretary of State must publish information on the annual number of permits issued in relation to England under this provision. The Welsh Ministers must publish information on the annual number of permits issued in relation to Wales under this provision. The first information under the first and second sentences must be published before 1st April 2022. Subsequent information must be published at intervals not exceeding 3 years.

• (bb) in the fourth paragraph, for “Member States” substitute “ The appropriate authority ”;

• (ii) in section 2.1.2.1, for “Member States” substitute “ The appropriate authority ”;

• (iii) in section 2.1.2.2, in the table, in the fifth entry (PAHs), for “Member States” substitute “ The appropriate authority ”;

• (iv) in section 2.2, for “Member States” substitute “ The appropriate authority ”;

• (v) in section 2.2.1, in the first paragraph—

• (aa) for “Article 2(b) of the Landfill Directive” substitute “Article 3(2b) of the Waste Framework Directive”;

• (bb) for “the European waste list” substitute “Commission Decision 2000/532/EC”;

• (vi) in section 2.2.2 and 2.3.1—

• (aa) in the first paragraph, in the second sentence, for “Member States” substitute “ The appropriate authority ”;

• (bb) in the sentence after the table, for “Member States” substitute “ The appropriate authority ”;

• (vii) in section 2.3.2, in the second and third paragraphs, for “Member States” substitute “ The appropriate authority ”;

• (viii) in section 2.4.1—

• (aa) in the first paragraph, in the third sentence, for “Member States” substitute “ The appropriate authority ”;

• (bb) in the sentence after the table, for “Member States” substitute “ The appropriate authority ”;

• (e) in section 3—

• (i) in the second paragraph, for “Member States” substitute “ The appropriate authority ”;

• (ii) in the third paragraph, for “Member States” substitute “ the appropriate authority ”.

• (8) In Appendix A—

• (a) in section 1.1, omit the second paragraph;

• (b) in section 2.2, in the second paragraph, for “Member States” substitute “ The appropriate agency ”;

• (c) in section 4.1, omit the fourth paragraph.

• (9) Omit Appendix B.

Commission Decision 2009/292/EC establishing the conditions for a derogation for plastic crates and plastic pallets in relation to the heavy metal concentration levels established in Directive 94/62/EC on packaging and packaging waste

16

• (1) Commission Decision 2009/292/EC establishing the conditions for a derogation for plastic crates and plastic pallets in relation to the heavy metal concentration levels established in Directive 94/62/EC on packaging and packaging waste is amended as follows.

• (2) After Article 1 insert—

(1) In this Decision, “Directive 94/62/EC” means European Parliament and Council Directive 94/62/EC on packaging and packaging waste, as last amended by Directive (EU) 2018/852 of the European Parliament and of the Council, and read in accordance with paragraphs 2 and 3. (2) Article 3 is to be read as if, in paragraph 2, for “Article 3 of Directive 2008/98/EC” there were substituted “Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive”. (3) Article 11(1) is to be read as if— (a) in the words before the first indent, for “Member States” there were substituted “ The Secretary of State ”; (b) in the first, second and third indents, for “the date referred to in Article 22(i)” there were substituted “ 30th June 1996 ”. (4) In paragraph 2, 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 paragraphs 5 and 6. (5) 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. (6) 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. (7) In this Article— “appropriate agency” means— (a) in relation to England, the Environment Agency; (b) in regulation to Wales, the Natural Resources Body for Wales; (c) in relation to Scotland, the Scottish Environment Protection Agency; “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.

• (3) In Article 4—

• (a) in paragraph 2, for “Member States” substitute “ The Secretary of State ”;

• (b) in paragraph 3, omit “of the Member State concerned”.

• (4) In Article 5—

• (a) in paragraph 1, in the first subparagraph, for “Member States” substitute “ The Secretary of State ”;

• (b) in paragraph 2, in the first sentence, for “Member States” substitute “ the Secretary of State ”;

• (c) in paragraph 3—

• (i) in the first subparagraph, for “Member States” substitute “ The Secretary of State ”;

• (ii) in the second subparagraph—

• (aa) for “the Community” in the first place it occurs substitute “Great Britain”;

• (bb) omit “Community” in the second place it occurs.

• (5) In Article 6, for “Member States” substitute “ The Secretary of State ”.

• (6) In Article 7—

• (a) the existing text becomes paragraph 1;

• (b) in that paragraph—

• (i) for the words from “Member States” to “Article 17 of Directive 94/62/EC” substitute “ The Secretary of State must publish, in a manner which the Secretary of State considers appropriate, ”;

• (ii) at the end, insert “ in respect of Great Britain”;

• (c) after that paragraph insert—

(2) The first report under paragraph 1 must be published before the end of the period of 3 years beginning with IP completion day. (3) Subsequent information must be published at intervals not exceeding 3 years.

• (7) Omit Articles 8 and 9.

Commission Decision 2009/335/EC on technical guidelines for the establishment of the financial guarantee in accordance with Directive 2006/21/EC of the European Parliament and of the Council concerning the management of waste from extractive industries

17

• (1) Commission Decision 2009/335/EC on technical guidelines for the establishment of the financial guarantee in accordance with Directive 2006/21/EC of the European Parliament and of the Council concerning the management of waste from extractive industries is amended as follows.

• (2) In Article 1—

• (a) in paragraph 1, in the words before point (a)—

• (i) omit “Member States and”;

• (ii) omit “referred to in Article 14 of Directive 2006/21/EC”;

• (b) after paragraph 2 insert—

(3) In paragraph 1— (a) in so far as it extends to England and Wales— (i) “financial guarantee” means the financial guarantee referred to in Article 14 of Directive 2006/21/EC, as it applies by virtue of paragraph 7(j) of Schedule 20 to the Environmental Permitting (England and Wales) Regulations 2016 (“the 2016 Regulations”); (ii) “rehabilitation” has the meaning given in Article 3(20) of Directive 2006/21/EC, and for the purposes of that definition “waste facility” has the meaning given in paragraph (iv); (iii) “treatment” has the meaning given in Article 3(8) of Directive 2006/21/EC, and for the purposes of that definition “waste” has the meaning given in paragraph (b) of the definition of “waste” in regulation 2(1) of the 2016 Regulations; (iv) “waste facility” has the meaning given to “mining waste facility” in paragraph 2(1) of Schedule 20 to the 2016 Regulations; (b) in so far as it extends to Scotland, “financial guarantee”, “rehabilitation”, “treatment” and “waste facility” have the meanings given in regulation 2(1) of the Management of Extractive Waste (Scotland) Regulations 2010; (c) in so far as it extends to Northern Ireland, “financial guarantee”, “rehabilitation”, “treatment” and “waste facility” have the meanings given in regulation 2(2) of the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Omit Article 2.

Commission Decision 2009/337/EC on the definition of the criteria for the classification of waste facilities in accordance with Annex III of Directive 2006/21/EC of the European Parliament and of the Council concerning the management of waste from extractive industries

18

• (1) Commission Decision 2009/337/EC on the definition of the criteria for the classification of waste facilities in accordance with Annex III of Directive 2006/21/EC of the European Parliament and of the Council concerning the management of waste from extractive industries is amended as follows.

• (2) Before Article 1 insert—

(1) In this Decision, “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— (i) a planning authority, or (ii) a National Park authority within the meaning of section 35(1) of the National Parks (Scotland) Act 2000 (as the case may be); (d) in relation to Northern Ireland— (i) a district council established under section 1 of the Local Government Act (Northern Ireland) 1972, or (ii) the Department for Infrastructure (as the case may be). (2) A term which is used in this Decision— (a) as it extends to Scotland and which is defined in regulation 2(1) of the 2010 Scotland Regulations has the meaning given in that regulation; (b) as it extends to Northern Ireland and which is defined in regulation 2(2) of the 2015 NI Regulations has the meaning given in that regulation. (3) In this Decision— (a) “the 2010 Scotland Regulations” means the Management of Extractive Waste (Scotland) Regulations 2010; (b) “the 2015 NI Regulations” means the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015. (1) For the purposes of this Decision, Directive 2006/21/EC of the European Parliament and of the Council concerning the management of waste from extractive industries is to be read in accordance with this Article. (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. (3) 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 ”; (c) in point (4), for the words from “the national law” to the end there were substituted “ national law ”; (d) in point (24), for the words from “the national law” to “takes place” there were substituted “ national law ”. (4) Annex 3 is to be read as if— (a) in the second indent, “under Directive 91/689/EEC” were omitted; (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 ”. (1) In Article A2(3), 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 Article. (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. (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. (5) 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, Wales, Scotland or Northern Ireland (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. (6) Annex 3 is to be read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted. In Articles A2 and A3— (a) “appropriate authority” means— (i) in relation to England, the Secretary of State; (ii) in relation to Wales, the Welsh Ministers; (b) “local authority” means— (i) in England outside Greater London— - — a district council, - — a county council, or - — the Council of the Isles of Scilly; (ii) in Greater London— - — the council of a London borough, - — the Common Council of the City of London, - — the Sub-Treasurer of the Inner Temple, or - — the Under-Treasurer of the Middle Temple; (iii) in Wales— - — a county council, or - — a county borough council.

• (3) In Article 1—

• (a) in paragraph 1, in the words before point (a), for “indent of Annex III of Directive 2006/21/EC” substitute “ part of the categorisation legislation ”;

• (b) after paragraph 2 insert—

(3) In paragraph 1, “first part of the categorisation legislation”— (a) as it extends to England and Wales, means the first indent of Annex 3 to Directive 2006/21/EC; (b) as it extends to Scotland, means paragraph (a) of the definition of “Category A waste facility” in regulation 2(1) of the 2010 Scotland Regulations; (c) as it extends to Northern Ireland, means paragraph 1 of Schedule 3 to the 2015 NI Regulations.

• (4) In Article 3(2), omit “under Council Directive 91/689/EEC”.

• (5) In Article 4(1), for “Member States” substitute “ The appropriate agency ”.

• (6) In Article 7—

• (a) in paragraph 1—

• (i) in the words before point (a), for “indent of Annex III of Directive 2006/21/EC” substitute “ part of the categorisation legislation ”;

• (ii) in point (a), omit “in accordance with Directive 91/689/EEC”;

• (b) after paragraph 4 insert—

(5) In paragraph 1, “second part of the categorisation legislation”— (a) as it extends to England and Wales, means the second indent of Annex 3 to Directive 2006/21/EC; (b) as it extends to Scotland, means paragraph (b) of the definition of “Category A waste facility” in regulation 2(1) of the 2010 Scotland Regulations; (c) as it extends to Northern Ireland, means paragraph 2 of Schedule 3 to the 2015 NI Regulations.

• (7) In Article 8—

• (a) in paragraph 1—

• (i) for “Member States” substitute “ The appropriate agency ”;

• (ii) for “indent of Annex III of Directive 2006/21/EC” substitute “ part of the categorisation legislation ”;

• (b) in paragraph 2—

• (i) in the first subparagraph, in point (c) for the words from “Council Directive 67/548/EEC” to the end substitute “ Regulation (EC) No 1272/2008 of the European Parliament and of the Council ”;

• (ii) in the second subparagraph, for “Directives 1999/45/EC or 67/548/EEC” substitute “ Regulation (EC) No 1272/2008 of the European Parliament and of the Council ”;

• (c) in paragraph 3, for “Directive 1999/45/EC or 67/548/EEC” substitute “ Regulation (EC) No 1272/2008 of the European Parliament and of the Council ”;

• (d) in paragraph 4—

• (i) in the first sentence, for “Member States” substitute “ the appropriate agency ”;

• (ii) in the second sentence, for “Directives 1999/45/EC or 67/548/EEC” substitute “ Regulation (EC) No 1272/2008 of the European Parliament and of the Council ”;

• (e) after paragraph 4 insert—

(5) In paragraph 1, “third part of the categorisation legislation”— (a) as it extends to England and Wales, means the third indent of Annex 3 to Directive 2006/21/EC; (b) as it extends to Scotland, means paragraph (c) of the definition of “Category A waste facility” in regulation 2(1) of the 2010 Scotland Regulations; (c) as it extends to Northern Ireland, means paragraph 3 of Schedule 3 to the 2015 NI Regulations.

• (8) Omit Article 11.

Commission Decision 2009/359/EC completing the definition of inert waste in implementation of Article 22(1)(f) of Directive 2006/21/EC of the European Parliament and the Council concerning the management of waste from extractive industries

19

• (1) Commission Decision 2009/359/EC completing the definition of inert waste in implementation of Article 22(1)(f) of Directive 2006/21/EC of the European Parliament and the Council concerning the management of waste from extractive industries is amended as follows.

• (2) In Article 1—

• (a) in paragraph 1, for “Article 3(3) of Directive 2006/21/EC” substitute “ the relevant definition provision ”;

• (b) in paragraph 3, for “Member States” substitute “ appropriate agency ”;

• (c) after paragraph 3 insert—

(4) In paragraph 1, “the relevant definition provision”— (a) as it extends to England and Wales, means Article 3(3) of Directive 2006/21/EC; (b) as it extends to Scotland, means regulation 2(1) of the Management of Extractive Waste (Scotland) Regulations 2010; (c) as it extends to Northern Ireland, means regulation 2(2) of the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015. (5) In paragraph 3, “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— (i) a planning authority, or (ii) a National Park authority within the meaning of section 35(1) of the National Parks (Scotland) Act 2000 (as the case may be); (d) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs. (6) A term which is used in this Article— (a) as it extends to Scotland and which is defined in regulation 2(1) of the Management of Extractive Waste (Scotland) Regulations 2010 has the meaning given by that regulation; (b) as it extends to Northern Ireland and which is defined in regulation 2(2) of the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015 has the meaning given by that regulation.

• (3) After Article 1 insert—

(1) For the purposes of Article 1, Directive 2006/21/EC of the European Parliament and the Council concerning the management of waste from extractive industries is to be read in accordance with paragraphs 2 and 3. (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. (3) 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 ”; (c) in point (4), for the words from “the national law” to the end there were substituted “ national law ”; (d) in point (24), for the words from “the national law” to “takes place” there were substituted “ national law ”. (4) In paragraph 2— (a) “appropriate agency” has the meaning given in Article 1(5); (b) “appropriate authority” means— (i) in relation to England, the Secretary of State; (ii) in relation to Wales, the Welsh Ministers; (c) “local authority” means— (i) in England outside Greater London— - — a district council, - — a county council, or - — the Council of the Isles of Scilly; (ii) in Greater London— - — the council of a London borough, - — the Common Council of the City of London, - — the Sub-Treasurer of the Inner Temple, or - — the Under-Treasurer of the Middle Temple; (iii) in Wales— - — a county council, or - — a county borough council. (1) In Article 1A(3), 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 Article. (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. (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. (5) 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, Wales, Scotland or Northern Ireland (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. (6) Annex 3 is to be read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted. (7) In this Article— (a) “appropriate agency” has the meaning given in Article 1(5); (b) “appropriate authority” and “local authority” have the meanings given in Article 1A(4).

• (4) Omit Article 3.

Commission Decision 2009/360/EC completing the technical requirements for waste characterisation laid down by Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries

20

• (1) Commission Decision 2009/360/EC completing the technical requirements for waste characterisation laid down by Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries is amended as follows.

• (2) Before Article 1 insert—

(1) A term which is used in this Decision— (a) as it extends to Scotland and which is defined in regulation 2(1) of the Management of Extractive Waste (Scotland) Regulations 2010 has the meaning given in that regulation; (b) as it extends to Northern Ireland and which is defined in regulation 2(2) of the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015 has the meaning given in that regulation. (2) For the purposes of this Decision, Directive 2006/21/EC of the European Parliament and the Council concerning the management of waste from extractive industries is to be read as if, in Article 3— (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 ”; (c) in point (4), for the words from “the national law” to the end there were substituted “ national law ”; (d) in point (24), for the words from “the national law” to “takes place” there were substituted “ national law ”. (3) In paragraph 2, 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 paragraphs 4 to 8. (4) 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. (5) 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. (6) 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. (7) 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, Wales, Scotland or Northern Ireland (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. (8) Annex 3 is to be read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted. (9) In this Article— (a) “appropriate authority” means— (i) in relation to England, the Secretary of State; (ii) in relation to Wales, the Welsh Ministers; (b) “local authority” means— (i) in England outside Greater London— - — a district council, - — a county council, or - — the Council of the Isles of Scilly; (ii) in Greater London— - — the council of a London borough, - — the Common Council of the City of London, - — the Sub-Treasurer of the Inner Temple, or - — the Under-Treasurer of the Middle Temple; (iii) in Wales— - — a county council, or - — a county borough council. (10) In this Decision, “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— (i) a planning authority, or (ii) a National Park authority within the meaning of section 35(1) of the National Parks (Scotland) Act 2000 (as the case may be); (d) in relation to Northern Ireland— (i) a district council established under section 1 of the Local Government Act (Northern Ireland) 1972, or (ii) the Department for Infrastructure (as the case may be).

• (3) In Article 1(1), for “Member States” substitute “ The appropriate agency ”.

• (4) In Article 2(2), omit “European”.

• (5) Omit Article 3.

Commission Decision 2011/753/EU establishing rules and calculation methods for verifying compliance with the targets set in Article 11(2) of Directive 2008/98/EC of the European Parliament and of the Council

21

• (1) Commission Decision 2011/753/EU establishing rules and calculation methods for verifying compliance with the targets set in Article 11(2) of Directive 2008/98/EC of the European Parliament and of the Council is amended as follows.

• (2) In Article 1, after point (6) insert—

(7) ‘appropriate authority” means— (i) in relation to England, the Secretary of State; (ii) in relation to Wales, the Welsh Ministers; (iii) in relation to Scotland, the Scottish Ministers; (iv) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.

• (3) After Article 1 insert—

(1) In this Decision, “Directive 2008/98/EC” 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 paragraphs 2 to 7. (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. (2A) Article 3 is to be read as if points 2b, 2c, 15a and 17a were omitted. (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. (5) 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, Wales, Scotland or Northern Ireland (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. (6) Article 11(2) is to be read as if— (a) in the words before point (a), for “European” there were substituted “United Kingdom”; (b) points (c) to (e) 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. (8) In this Article— (a) “appropriate agency” means— (i) in relation to England, the Environment Agency; (ii) in relation to Wales, the Natural Resources Body for Wales; (iii) in relation to Scotland, the Scottish Environment Protection Agency; (iv) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs; (b) “local authority” means— (i) in England outside Greater London— - — a district council, - — a county council, or - — the Council of the Isles of Scilly; (ii) in Greater London— - — the council of a London borough, - — the Common Council of the City of London, - — the Sub-Treasurer of the Inner Temple, or - — the Under-Treasurer of the Middle Temple; (iii) in Wales— - — a county council, or - — a county borough council; (iv) in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; (v) in Northern Ireland, a district council established under section 1 of the Local Government Act (Northern Ireland) 1972.

• (4) In Article 2—

• (a) in point (1), for “Member States” substitute “ The appropriate authority ”;

• (b) omit point (4);

• (c) in point (5), omit “out of the Union”.

• (5) In Article 3—

• (a) in paragraph 1, in the words before point (a) for “Member States” substitute “ the appropriate authority ”;

• (b) in paragraph 2, for “Member State” substitute “ appropriate authority ”;

• (c) in paragraph 3—

• (i) for “Member States” substitute “ The appropriate authority ”;

• (ii) for “Member State” substitute “ appropriate authority ”;

• (d) in paragraph 4, for “Member States' implementation reports on” substitute “ The progress report under Article 5 in respect of ”;

• (e) omit paragraphs 5 and 6.

• (6) In Article 4—

• (a) in paragraph 1, for “Member States” substitute “ the appropriate authority ”;

• (b) in paragraph 2, for “Member States' implementation reports on” substitute “ The progress report under Article 5 in respect of ”.

• (7) In Article 5—

• (a) for the heading substitute “ Progress report for England ”;

• (b) for paragraph 1 substitute—

(1) The Secretary of State must publish a report (“the progress report”) on whether the targets set in Article 11(2) of Directive 2008/98/EC have been met in respect of England. (1A) The progress report must be published on or before 1st January 2022 in a manner which the Secretary of State considers appropriate.

• (c) in paragraph 2—

• (i) for the words from “Member States” to “reports” substitute “ The progress report must include data ”;

• (ii) for the words from “either each year” to the end substitute “ 2019 and 2020 ”;

• (d) in paragraph 3, for “implementation report covering the year 2020, Member States” substitute “ progress report for 2020, the Secretary of State ”;

• (e) omit paragraph 4.

• (8) Omit Article 6.

• (9) In Annex 1, the third column of the table is amended in accordance with paragraphs (10) to (14).

• (10) In the column heading, for “Member State implementation reports” substitute “ the progress report ”.

• (11) In the first entry—

• (a) for “Member States” in both places it occurs substitute “ The Secretary of State ”;

• (b) in the third sentence, omit the words from “and how” to the end.

• (12) In the second entry—

• (a) in the first paragraph—

• (i) for “Member States” in both places it occurs substitute “ The Secretary of State ”;

• (ii) in the fourth sentence—

• (aa) for “a Member State” substitute “ the Secretary of State ”;

• (bb) for “it” substitute “ the Secretary of State ”;

• (b) omit the second paragraph.

• (13) In the third entry—

• (a) in the first paragraph—

• (i) in the first sentence, for “Member States” substitute “ The Secretary of State ”;

• (ii) in the second sentence, for “They” substitute “ The Secretary of State ”;

• (b) omit the second and third paragraphs.

• (14) Omit the fourth entry.

• (15) In Annex 3, the second column of the table is amended in accordance with paragraphs (16) and (17).

• (16) In the column heading, for “Member State implementation reports” substitute “ the progress report ”.

• (17) In the first entry—

• (a) in point (1), in the second paragraph, for “Member States” substitute “ The Secretary of State ”;

• (b) omit point (2);

• (c) in point (3)—

• (i) in the first sentence, for “Member States” substitute “ The Secretary of State ”;

• (ii) in the second sentence—

• (aa) for “they” substitute “ The Secretary of State ”;

• (bb) omit the words from “and how” to the end;

• (iii) omit the third sentence.

CHAPTER 3 — Consequential amendment and revocations

Amendment of the Environmental Permitting (England and Wales) Regulations 2016

22

• (1) Schedule 10 to the Environmental Permitting (England and Wales) Regulations 2016 is amended as follows.

• (2) In paragraph 7(a), for “member State” substitute “ appropriate authority ”.

Revocations

23

• (1) The retained direct EU legislation listed in the Schedule is revoked.

• (2) In the EEA Agreement, in Annex 20, in Chapter 5—

• (a) omit the adaptation in point 32aa;

• (b) omit points 32da, 32ea, 32ed, 32fb, 32fc and 32fec;

• (c) omit the adaptations in points 32ffa to 32ffc.

SCHEDULE — Revocations

Regulations

1

Commission Regulation (EU) No 1357/2014 replacing Annex III to Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives.

2

Council Regulation (EU) 2017/997 amending Annex III to Directive 2008/98/EC of the European Parliament and of the Council as regards the hazardous property HP 14 ‘Ecotoxic’.

Decisions

3

Commission Decision 76/431/EEC setting up a Committee on Waste Management.

4

Commission Decision 94/741/EC concerning questionnaires for Member States reports on the implementation of certain Directives in the waste sector.

5

Commission Decision 97/129/EC establishing the identification system for packaging materials pursuant to European Parliament and Council Directive 94/62/EC on packaging and packaging waste.

6

Commission Decision 97/622/EC concerning questionnaires for Member States reports on the implementation of certain Directives in the waste sector.

7

Commission Decision 2000/738/EC concerning a questionnaire for Member States reports on the implementation of Directive 1999/31/EC on the landfill of waste.

8

Commission Decision 2001/753/EC concerning a questionnaire for Member States reports on the implementation of Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles.

9

Commission Decision 2002/151/EC on minimum requirements for the certificate of destruction issued in accordance with Article 5(3) of Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles.

10

Commission Decision 2003/138/EC establishing component and material coding standards for vehicles pursuant to Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles.

11

Commission Decision 2004/249/EC concerning a questionnaire for Member States reports on the implementation of Directive 2002/96/EC of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE).

12

Commission Decision 2005/270/EC establishing the formats relating to the database system pursuant to European Parliament and Council Directive 94/62/EC on packaging and packaging waste.

13

Commission Decision 2005/293/EC laying down detailed rules on the monitoring of the reuse/recovery and reuse/recycling targets set down in Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles.

14

Commission Decision 2005/369/EC laying down rules for monitoring compliance of Member States and establishing data formats for the purposes of Directive 2002/96/EC of the European Parliament and of the Council on waste electrical and electronic equipment.

15

Commission Decision 2007/151/EC amending Decisions 94/741/EC and 97/622/EC as regards the questionnaires for the report on the implementation of Directive 2006/12/EC of the European Parliament and of the Council on waste and on the implementation of Council Directive 91/689/EEC on hazardous waste.

16

Commission Decision 2008/350/EC on the rules of England, Wales, Northern Ireland and Scotland concerning permit exemptions for undertakings and establishments recovering hazardous waste under Article 3 of Council Directive 91/689/EEC.

17

Commission Decision 2008/763/EC establishing, pursuant to Directive 2006/66/EC of the European Parliament and of the Council, a common methodology for the calculation of annual sales of portable batteries and accumulators to end-users.

18

Commission Decision 2009/358/EC on the harmonisation, the regular transmission of the information and the questionnaire referred to in Articles 22(1)(a) and 18 of Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries.

19

Commission Decision 2009/851/EC establishing a questionnaire for Member States reports on the implementation of Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators.

20

Council Decision (EU) 2015/1156 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement (Batteries and Accumulators).

Signed

Thérése Coffey — Parliamentary Under Secretary of State — 2019-03-19

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 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). Paragraph 1A of Schedule 2 was inserted by the Legislative and Regulatory Reform Act 2006, section 28 and was amended by the European Union (Amendment) Act 2008, the Schedule, Part 1 and S.I. 2007/1388. It is prospectively repealed by the European Union (Withdrawal) Act 2018, 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. The function of the former Minister of Agriculture, Fisheries and Food of making regulations under section 2(2) was transferred to the Secretary of State by S.I. 2002/794.

[^f00002]: 2018 c. 16.

[^f00003]: S.I. 1992/2870, to which there are amendments not relevant to these Regulations.

[^f00004]: 1990 c. 43.

[^f00005]: Section 33(13) was inserted in relation to England and Wales by S.I. 2007/3538, and amended by S.I. 2016/738.

[^f00006]: OJ No L 312, 22.11.2008, p 3.

[^f00007]: Section 34(2A) was inserted in relation to Scotland by S.S.I. 2011/226.

[^f00008]: Section 57(8) was substituted in relation to England and Wales by S.I. 2005/3026, and amended by S.I. 2011/988.

[^f00009]: Section 62A was inserted by S.I. 2005/894, and amended by S.I 2011/988, 2015/1360, 2018/721 (W. 140) and 942.

[^f00010]: OJ No L 150, 14.6.2017, p 1.

[^f00011]: Section 75(2) as it extends to England and Wales, was substituted by S.I. 2011/988; section 75(2) as it extends to Scotland was amended by S.S.I. 2018/219. Section 75(12) as it extends to Scotland was substituted by S.S.I 2015/188.

[^f00012]: 2003 c. 33. Section 37, as it extends to England and Wales, was amended by S.I. 2011/988; section 37, as it extends to Scotland, was substituted by S.S.I. 2011/226.

[^f00013]: 1989 c. 14.

[^f00014]: OJ No L 102, 11.4.2006, p 15, as last amended by Regulation (EC) No 596/2009 of the European Parliament and of the Council (OJ No L 188, 18.7.2009, p 14).

[^f00015]: S.S.I. 2010/60.

[^f00016]: S.I. 2005/894; relevant amending instruments are S.I. 2011/988 and 2015/1360.

[^f00017]: S.I. 2005/1806 (W. 138); relevant amending instruments are S.I. 2011/971 (W. 141) and 2015/1417 (W. 141). The functions of the National Assembly for Wales under these Regulations were transferred to the Welsh Ministers by virtue of paragraph 30(1) of Schedule 11 to the Government of Wales Act 2006 (c. 32).

[^f00018]: The functions of the National Assembly for Wales under section 62A(2) were transferred to the Welsh Ministers by virtue of paragraph 30(1) of Schedule 11 to the Government of Wales Act 2006.

[^f00019]: 1994 c. 39.

[^f00020]: S.R. 2015 No. 85.

[^f00021]: S.R. 2005 No. 300; relevant amending instruments are S.R. 2005 No. 301, S.R 2011 No. 127 and S.R 2015 No. 288.

[^f00022]: 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.

[^f00023]: 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).

[^f00024]: OJ No L 194, 25.7.1975, p 47, repealed by Directive 2006/12/EC of the European Parliament and of the Council (OJ No L 114, 27.4.2006, p 9).

[^f00025]: S.I. 2003/3245, amended by S.I. 2016/139 and 2017/407.

[^f00026]: S.I. 2004/99, amended by S.I. 2016/139; there are other amending instruments but none is relevant.

[^f00027]: S.I. 2017/407.

[^f00028]: OJ No L 266, 26.9.2006, p 1.

[^f00029]: OJ No L 329, 10.12.2013, p 5.

[^f00030]: OJ No L 114, 27.4.2006, p 9, repealed by Directive 2008/98/EC of the European Parliament and of the Council (OJ No L 312, 22.11.2008, p 3).

[^f00031]: OJ No L 37, 13.2.2003, p 24, repealed by Directive 2012/19/EU of the European Parliament and of the Council (OJ No L 197, 24.7.2012, p 38).

[^f00032]: OJ No L 197, 24.7.2012, p 38.

[^f00033]: OJ No L 257, 10.10.1996, p 26, repealed by Directive 2008/1/EC of the European Parliament and of the Council (OJ No L 24, 29.1.2008, p 8).

[^f00034]: OJ L No. 334, 17.12.2010, p 17, as corrected by a corrigendum (OJ No L 158, 19.6.2012, p 25).

[^f00035]: OJ No L 13, 17.1.2014, p 1, as corrected by a corrigendum (OJ No L 72, 17.3.2016, p 69).

[^f00036]: OJ No L 343, 22.12.2009, p 74, as last amended by Commission Implementing Decision 2011/879/EU (OJ No L 343, 23.12.2011, p 105).

[^f00037]: OJ No L 135, 30.5.1991, p 40, as last corrected by a corrigendum (OJ No L 189, 17.7.2015, p 41).

[^f00038]: S.I. 1994/2841, amended by S.I. 2003/1788, 2005/2035, 2010/675, 2011/556, 2013/755 (W. 90) and 2016/1154.

[^f00039]: OJ No L 182, 16.7.1999, p 1.

[^f00040]: OJ No L 140, 5.6.2009, p 114, as last amended by Decision (EU) 2018/853 of the European Parliament and of the Council (OJ No L 150, 14.6.2018, p 155).

[^f00041]: See for example: S.I. 2010/1513, 2221, 2011/1483, 2305, 2453, 2012/461, 2013/2696, 2016/1154, 2017/571.

[^f00042]: OJ No L 328, 10.12.2011, p 49.

[^f00043]: OJ No L 218, 13.8.2008, p 30.

[^f00044]: OJ No L 342, 22.12.2009, p 1, as last amended by Commission Regulation (EU) 2017/1505 (OJ No L 222, 29.8.2017, p 1).

[^f00045]: OJ No L 269, 21.10.2000, p 34.

[^f00046]: OJ No L 299, 16.11.2017, p 24. See for example: generally, S.I. 2003/2635, 2005/263; in relation to England and Wales, S.I. 2016/1154; in relation to Scotland, S.S.I. 2003/593; in relation to Northern Ireland, S.R. 2003 No. 493.

[^f00047]: See for example S.I. 2013/3113 and S.R. 2014 No.202.

[^f00048]: S.I. 2013/3134, to which there are amendments not relevant to these Regulations.

[^f00049]: 2007 c. 18.

[^f00050]: A copy of the UK Standard Industrial Classification by Economic activity can be found at: https://www.ons.gov.uk/methodology/classificationsandstandards/ukstandardindustrialclassificationofeconomicactivities.

[^f00051]: OJ No L 365, 31.12.1994, p 10.

[^f00052]: OJ No L 115, 6.5.2015, p 11.

[^f00053]: S.I. 2016/1154, amended by S.I. S.I. 2017/1012, 2018/110, 428, 575, 721 (W.140).

[^f00054]: S.R. 2013 No.160, to which there are amendments not relevant to these Regulations.

[^f00055]: 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).

[^f00056]: 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).

[^f00057]: 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).

[^f00058]: 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).

[^f00059]: 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).

[^f00060]: 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.

[^f00061]: 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).

[^f00062]: 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).

[^f00063]: 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.

[^f00064]: 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).

[^f00065]: S.I. 2015/1640, amended by S.I. 2018/942. It is prospectively amended by S.I. 2019/188 from exit day (see section 20 of the European Union (Withdrawal) Act 2018).

[^f00066]: S.I. 2015/776.

[^f00067]: S.I. 2010/2880 (W. 238), amended by S.I. 2011/2184 (W. 236), 2012/1916, 2013/898 (W. 102), 2014/2291 (W. 226), 2016/1221 (W. 292).

[^f00068]: 2000 asp 10.

Editorial notes

[^c23655871]: 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). Paragraph 1A of Schedule 2 was inserted by the Legislative and Regulatory Reform Act 2006, section 28 and was amended by the European Union (Amendment) Act 2008, the Schedule, Part 1 and S.I. 2007/1388. It is prospectively repealed by the European Union (Withdrawal) Act 2018, 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. The function of the former Minister of Agriculture, Fisheries and Food of making regulations under section 2(2) was transferred to the Secretary of State by S.I. 2002/794.

[^c23655881]: 2018 c. 16.

[^c23655891]: S.I. 1992/2870, to which there are amendments not relevant to these Regulations.

[^c23655901]: 1990 c. 43.

[^c23655911]: Section 33(13) was inserted in relation to England and Wales by S.I. 2007/3538, and amended by S.I. 2016/738.

[^c23655921]: OJ No L 312, 22.11.2008, p 3.

[^c23655931]: Section 34(2A) was inserted in relation to Scotland by S.S.I. 2011/226.

[^c23655941]: Section 57(8) was substituted in relation to England and Wales by S.I. 2005/3026, and amended by S.I. 2011/988.

[^c23655951]: Section 62A was inserted by S.I. 2005/894, and amended by S.I 2011/988, 2015/1360, 2018/721 (W. 140) and 942.

[^c23655961]: OJ No L 150, 14.6.2017, p 1.

[^c23655971]: Section 75(2) as it extends to England and Wales, was substituted by S.I. 2011/988; section 75(2) as it extends to Scotland was amended by S.S.I. 2018/219. Section 75(12) as it extends to Scotland was substituted by S.S.I 2015/188.

[^c23655981]: 2003 c. 33. Section 37, as it extends to England and Wales, was amended by S.I. 2011/988; section 37, as it extends to Scotland, was substituted by S.S.I. 2011/226.

[^c23655991]: 1989 c. 14.

[^c23656001]: OJ No L 102, 11.4.2006, p 15, as last amended by Regulation (EC) No 596/2009 of the European Parliament and of the Council (OJ No L 188, 18.7.2009, p 14).

[^c23656011]: S.S.I. 2010/60.

[^c23656051]: 1994 c. 39.

[^c23656061]: S.R. 2015 No. 85.

[^c23656081]: 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.

[^c23656091]: 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).

[^c23656101]: OJ No L 194, 25.7.1975, p 47, repealed by Directive 2006/12/EC of the European Parliament and of the Council (OJ No L 114, 27.4.2006, p 9).

[^c23656111]: S.I. 2003/3245, amended by S.I. 2016/139 and 2017/407.

[^c23656121]: S.I. 2004/99, amended by S.I. 2016/139; there are other amending instruments but none is relevant.

[^c23656131]: S.I. 2017/407.

[^c23656191]: OJ No L 257, 10.10.1996, p 26, repealed by Directive 2008/1/EC of the European Parliament and of the Council (OJ No L 24, 29.1.2008, p 8).

[^c23656201]: OJ L No. 334, 17.12.2010, p 17, as corrected by a corrigendum (OJ No L 158, 19.6.2012, p 25).

[^c23656211]: OJ No L 13, 17.1.2014, p 1, as corrected by a corrigendum (OJ No L 72, 17.3.2016, p 69).

[^c23656221]: OJ No L 343, 22.12.2009, p 74, as last amended by Commission Implementing Decision 2011/879/EU (OJ No L 343, 23.12.2011, p 105).

[^c23656231]: OJ No L 135, 30.5.1991, p 40, as last corrected by a corrigendum (OJ No L 189, 17.7.2015, p 41).

[^c23656241]: S.I. 1994/2841, amended by S.I. 2003/1788, 2005/2035, 2010/675, 2011/556, 2013/755 (W. 90) and 2016/1154.

[^c23656251]: OJ No L 182, 16.7.1999, p 1.

[^c23656261]: OJ No L 140, 5.6.2009, p 114, as last amended by Decision (EU) 2018/853 of the European Parliament and of the Council (OJ No L 150, 14.6.2018, p 155).

[^c23656271]: See for example: S.I. 2010/1513, 2221, 2011/1483, 2305, 2453, 2012/461, 2013/2696, 2016/1154, 2017/571.

[^c23656291]: OJ No L 218, 13.8.2008, p 30.

[^c23656301]: OJ No L 342, 22.12.2009, p 1, as last amended by Commission Regulation (EU) 2017/1505 (OJ No L 222, 29.8.2017, p 1).

[^c23656311]: OJ No L 269, 21.10.2000, p 34.

[^c23656321]: OJ No L 299, 16.11.2017, p 24. See for example: generally, S.I. 2003/2635, 2005/263; in relation to England and Wales, S.I. 2016/1154; in relation to Scotland, S.S.I. 2003/593; in relation to Northern Ireland, S.R. 2003 No. 493.

[^c23656331]: See for example S.I. 2013/3113 and S.R. 2014 No.202.