Regulation 9 New Articles 2A, 2B and 2C

After Article 2 insert—

“Article 2A

Appropriate authority

For the purposes of this Regulation, “appropriate authority” means—

(a)

in relation to England, the Secretary of State;

(b)

in relation to Scotland—

(i)

the Scottish Ministers; or

(ii)

where the Scottish Ministers consent, the Secretary of State;

(c)

in relation to Wales—

(i)

the Welsh Ministers; or

(ii)

where the Welsh Ministers consent, the Secretary of State.

Article 2B

Competent authority

For the purposes of this Regulation, “competent authority” means (except in Article 8)—

(a)

in relation to England, the Environment Agency;

(b)

in relation to Scotland, SEPA;

(c)

in relation to Wales, NRW.

Article 2C

References to Directive 2008/98/EC

1.

For the purposes of this Regulation, “Directive 2008/98/EC” means Directive 2008/98/EC^f1 as last amended by Directive (EU) 2018/851^f2 and read in accordance with paragraphs 2 and 3.

2.

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 appropriate authority or the competent authority for the purposes of this Article.”;

(c)

paragraphs 2 and 3 were omitted.

3.

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 appropriate authority or the competent authority 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”;

(bb)

the second sentence were omitted;

(ii)

in the second subparagraph—

(aa)

for “Member States” there were substituted “The appropriate authority”;

(bb)

“by competent authorities” were omitted.”.