The International Waste Shipments (Amendment) (EU Exit) Regulations 2021

These Regulations may be cited as the International Waste Shipments (Amendment) (EU Exit) Regulations 2021.

These Regulations come into force on the day after the day on which they are made.

The Transfrontier Shipment of Waste Regulations 2007^f1 are amended in accordance with regulations 4 to 8.

Before regulation 9 insert—

“Northern Ireland: Designation of authorities under Articles 54 and 55

8A.

(1)

The Department for Agriculture, Environment and Rural Affairs is the correspondent for the United Kingdom in respect of Northern Ireland for the purposes of Article 54.

(2)

The Secretary of State is responsible for designating places at which waste entering or leaving Northern Ireland is controlled for the purposes of Article 55.”.

In Part 4, for the heading substitute—

“The shipment and transport of waste between the United Kingdom and EU countries and within the United Kingdom”.

In regulation 19(1) for the words from “in the United Kingdom” to the end substitute—

“—

(a)

in the United Kingdom and is destined for an EU country, with or without transport through a third country;

(b)

in an EU country and is destined for the United Kingdom, with or without transport through a third country;

(c)

in the United Kingdom and is destined for the United Kingdom, with transport through a third country;

(d)

in Great Britain and is destined for Northern Ireland, without transport through a third country; and

(e)

in Great Britain and is destined for Great Britain, with transport through Northern Ireland.”.

In regulation 20(1) for the words from “in the United Kingdom” to the end substitute—

“—

(a)

in the United Kingdom and is destined for an EU country, with or without transport through a third country;

(b)

in an EU country and is destined for the United Kingdom, with or without transport through a third country;

(c)

in the United Kingdom and is destined for the United Kingdom, with transport through a third country;

(d)

in Great Britain and is destined for Northern Ireland, without transport through a third country; and

(e)

in Great Britain and is destined for Great Britain, with transport through Northern Ireland.”.

In regulation 34—

Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste^f1 is amended in accordance with regulations 10 to 39.

For Article 2A substitute—

“Article 2A

Meaning of “Directive 2008/98/EC”

1.

In this Regulation, “Directive 2008/98/EC^f1” means (except in the expression “Directive 2008/98/EC as amended from time to time”) Directive 2008/98/EC as last amended by Directive (EU) 2018/851^f2 and read in accordance with paragraphs 2 to 6.

2.

Article 2 of Directive 2008/98/EC is to be read as if—

(a)

in paragraph 2—

(i)

in the words before point (a), for “other Community legislation” there were substituted “retained EU law”;

(ii)

for point (d), in relation to Scotland, there were substituted—

“(d)

extractive waste, which has the same meaning as in regulation 2(1) of the Management of Extractive Waste (Scotland) Regulations 2010^f3.”;

(b)

after paragraph 2 there were inserted—

“2A.

In paragraph 2(d), as it relates to England and Wales, “Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries^f4” means Directive 2006/21/EC read as if—

(a)

in Article 2 of Directive 2006/21/EC—

(i)

in paragraph 2(c), “Article 11(3)(j) of Directive 2000/60/EC^f5” had the meaning given by paragraph 2B;

(ii)

paragraphs 3 and 4 were omitted;

(b)

in Article 3(1) of Directive 2006/21/EC, for “Article 1(a) of Directive 75/442/EC” there were substituted “Article 3(1) of Directive 2008/98/EC”.

2B.

For the purposes of paragraph 2A(a)(i), “Article 11(3)(j) of Directive 2000/60/EC” means Article 11(3)(j) of Directive 2000/60/EC read as if—

(a)

the first reference to “Member States” were a reference to—

(i)

in relation to England, the Secretary of State or the Environment Agency;

(ii)

in relation to Scotland, the Scottish Ministers or the Scottish Environment Protection Agency;

(iii)

in relation to Wales, the Welsh Ministers or the Natural Resources Body for Wales;

(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 Water Environment (Water Framework Directive) (England and Wales) Regulations 2017^f6 as applied by regulation 5 of the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003^f7;

(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^f8;

(iii)

in relation to a river basin district within the meaning of the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017, has the same meaning as in those regulations.”.

3.

Article 5 of Directive 2008/98/EC 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 Secretary of State, in relation to England, the Welsh Ministers, in relation to Wales, or the Scottish Ministers, in relation to Scotland or the competent authority of dispatch (within the meaning of Article 2C(3) of Regulation (EC) No 1013/2006) for the purposes of this Article.”;

(c)

paragraphs 2 and 3 were omitted.

4.

Article 6 of Directive 2008/98/EC 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 Secretary of State, in relation to England, the Welsh Ministers, in relation to Wales, or the Scottish Ministers, in relation to Scotland or the competent authority of dispatch (within the meaning of Article 2C(3) of Regulation (EC) No 1013/2006) 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 as referred to in paragraph 1A(a), the competent authority of dispatch (within the meaning of Article 2C(3) of Regulation (EC) No 1013/2006)”;

(bb)

the second sentence were omitted;

(ii)

in the second subparagraph—

(aa)

for “Member States” there were substituted “The competent authority of dispatch (within the meaning of Article 2C(3) of Regulation (EC) No 1013/2006)”;

(bb)

“by competent authorities” were omitted.

5.

Article 7 of Directive 2008/98/EC 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 to Directive 2008/98/EC is to be read as if—

(a)

in the entry for HP 9, in the second sentence, “in the Member States” were omitted;

(b)

in the entry for HP 15, in the sentence immediately after Table 9, for “Member States” there were substituted “the competent authority of destination and dispatch determined in accordance with regulation 6 of the Transfrontier Shipment of Waste Regulations 2007”.”.

In Article 12(1), for point (i) substitute—

“(i)

that the waste will be treated—

(i)

in a relevant facility in Great Britain which does not apply best available techniques within the meaning given by Article 3(10) of Directive 2010/75/EU in compliance with the permit of the facility; or

(ii)

in an installation within the meaning given by Article 3(3) of Directive 2010/75/EU as amended from time to time in an EU country or Northern Ireland which does not apply the best available techniques within the meaning given by Article 3(10) of that Directive as amended from time to time in compliance with the permit of the installation;”.

In Article 18(3), for “the United Kingdom” substitute “Great Britain”.

In Title 2, for Chapter 6 substitute—

“CHAPTER 6

The shipment and transport of waste within the United Kingdom

Section 1

The shipment of waste with transit via third countries

Article 31

Waste destined for disposal

Where a shipment of waste takes place within the United Kingdom, except shipments from one place in Northern Ireland into another, with transit via one or more third countries, and the waste is destined for disposal, the competent authority of dispatch shall, in addition to the provisions of Chapters 1 to 5 of this Title, ask the competent authority in the third countries whether it wishes to send its written consent to the planned shipment—

(a)

in the case of Parties to the Basel Convention, within 60 days, unless it has waived this right in accordance with the terms of that Convention; or

(b)

in the case of countries not Parties to the Basel Convention, within a period agreed between the competent authorities.

Article 32

Waste destined for recovery

1.

Where a shipment of waste takes place within the United Kingdom, except shipments from one place in Northern Ireland into another, with transit via one or more non-EU countries to which the OECD Decision does not apply, and the waste is destined for recovery, Article 31 shall apply.

2.

Where a shipment of waste takes place within the United Kingdom, except shipments from one place in Northern Ireland into another, with transit via one or more EU countries, or non-EU countries to which the OECD Decision applies, and the waste is destined for recovery, the consent referred to in Article 9 may be provided tacitly, and if no objection has been lodged or no conditions have been specified, the shipment may start 30 days after the date of transmission of the acknowledgement by the competent authority of destination in accordance with Article 8.

Section 2

The transport of waste without transit via third countries

Article 32A

Waste destined for disposal or recovery in Northern Ireland

1.

Where waste is transported from Great Britain and destined for disposal or recovery in Northern Ireland, without transit via one or more third countries, the provisions of Chapters 1 to 5 of this Title shall apply, subject to the following modifications.

2.

The following definitions in Article 2, in their application to Title 2, are to be read as meaning the following—

Definition	Different meaning
Country of dispatch	Great Britain
Country of destination	Northern Ireland
Country of transit	The third country through which a shipment of waste is planned or takes place
Shipment	The transport of waste destined for recovery or disposal which is planned or takes place from Great Britain to Northern Ireland

3.

Article 2C(1)(b), in its application to Title 2, is to be read as if after “EU country” there were inserted “or Northern Ireland”.

4.

In Articles 9 to 12, each reference to a period of 30 days following the date of transmission of the acknowledgement of the competent authority of destination in accordance with Article 8 is, in relation to a competent authority of transit in a non-EU country, to be read as a reference to a period of 60 days following that date.

Article 32B

Waste with transit via Northern Ireland

1.

Where waste is transported from one place in Great Britain to another, with transit via Northern Ireland, the provisions of Chapters 1 to 5 of this Title shall apply, subject to the following modifications.

2.

The following definitions in Article 2, in their application to Title 2, are to be read as meaning the following—

Definition	Different meaning
Country of dispatch	Great Britain
Country of destination	Great Britain
Country of transit	Northern Ireland
Shipment	The transport of waste destined for recovery or disposal which is planned or takes place from one place in Great Britain to another with transit via Northern Ireland

3.

Article 2C(1)(b), in its application to Title 2, is to be read as if after “EU country” there were inserted “or Northern Ireland”.

4.

In Articles 9 to 12, each reference to a period of 30 days following the date of transmission of the acknowledgement of the competent authority of destination in accordance with Article 8 is, in relation to a competent authority of transit in a non-EU country, to be read as a reference to a period of 60 days following that date.”.

In Article 36(1), for “the United Kingdom” substitute “Great Britain”.

In Article 37(1)(i), for “the United Kingdom” substitute “Great Britain”.

In Article 39, for “the United Kingdom” substitute “Great Britain”.

In Article 40(1) for “the United Kingdom” substitute “Great Britain”.

In Article 45, for “the United Kingdom” substitute “Great Britain”.

In the heading of Title 6, for “THE UNITED KINGDOM” substitute “GREAT BRITAIN”.

For Article 55 substitute—

“Article 55

Designation of frontier crossing points

The Secretary of State may designate places at which waste entering or leaving Great Britain is controlled. If the Secretary of State decides to designate such places, a shipment of waste must not be allowed to use any other places within Great Britain for the purposes of entering or leaving Great Britain.”.

In Article 56(5), for “the United Kingdom” substitute “Great Britain”.

In Annex 2, in Part 1, in paragraph 5, in the definition of “relevant regulations” omit point (b).

(This note is not part of the Regulations)