{
  "url": "https://openlegislation.uk/environmental-protection-amendment-northern-ireland-eu-exit-regulations-2019/schedule-3/paragraph-11",
  "json_url": "https://openlegislation.uk/environmental-protection-amendment-northern-ireland-eu-exit-regulations-2019/schedule-3/paragraph-11.json",
  "legislation": "uksi/2019/289",
  "legislation_title": "The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019",
  "legislation_url": "https://openlegislation.uk/environmental-protection-amendment-northern-ireland-eu-exit-regulations-2019",
  "path": "schedule/3/paragraph/11",
  "kind": "paragraph",
  "number": "11",
  "heading": "Modification of the Waste Framework Directive",
  "text": "(1) For the purposes of these Regulations, the Waste Framework Directive is to be read in accordance with this paragraph.\n(2) When interpreting the Waste Framework Directive for the purposes of these Regulations and the legislation specified in regulation 5—\n(a) a “permit” or exemption from waste management licensing means a waste management licence under Article 6 of the Waste and Contaminated Land (Northern Ireland) Order 1997, a licence or exemption from waste management licensing under the Waste Management Licensing Regulations (Northern Ireland) 2003, a resolution or a licence under Part II of the Food and Environment Protection Act 1985, a licence under Part 4 of the Marine and Coastal Access Act 2009, a consent under Schedule 1 to the Water (Northern Ireland) Order 1999 or a permit under Part 2 of the Pollution, Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;\n(b) 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, or local authority which, immediately before IP completion day, was responsible for Northern Ireland’s compliance with that obligation or able to exercise that discretion so far as it related to Northern Ireland;\n(c) the appropriate authority is the Northern Ireland department which, immediately before IP completion day, was responsible for compliance with that obligation or exercise of that discretion in Northern Ireland; and\n(d) “local authority” in Northern Ireland means a district council within the meaning of section 1 of the Local Government Act (Northern Ireland) 1972.\n(3) Article 2 is to be read as if—\n(a) in paragraph 2—\n(i) in the words before point (a), for “other Community legislation” there were substituted “ assimilated law ”; and\n(ii) in point (d), for the words from “Directive 2006/21/EC ” to the end there were substituted “ the Mining Waste Directive ”;\n(b) in paragraph 3, the words from “Without prejudice” to “Community legislation,” were omitted.\n(4) Article 3(20) is to be read as if for “Article 2(11) of Directive 96/61/EC ” there were substituted “ Article 3(10) of the Industrial Emissions Directive ”.\n(5) Article 4(2) is to be read as if the second subparagraph were omitted.\n(6) Article 5 is to be read as if––\n(a) in paragraph 1, the words “Member States shall take appropriate measures to ensure that” were omitted;\n(b) after paragraph 1 there were inserted—\n“1A. Any decision as to whether a substance or object is a by-product must be made—\n(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\n(b) having regard to any guidance published by the appropriate authority for the purposes of this Article.”;\n(c) paragraphs 2 and 3 were omitted.\n(7) Article 6 is to be read as if—\n(a) in paragraph 1, the words “Member States shall take appropriate measures to ensure that” were omitted;\n(b) after paragraph 1 there were inserted—\n“1A. Any decision as to whether a substance or object has ceased to be waste must be made—\n(a) in 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; and\n(b) having regard to any guidance published by the appropriate authority for the purposes of this Article.”;\n(c) in paragraph 2—\n(i) the first sub-paragraph were omitted;\n(ii) in the second sub-paragraph, for the words “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;\n(iii) the third and fourth sub-paragraphs were omitted;\n(d) paragraph 3 were omitted;\n(e) in paragraph 4––\n(i) in the first sub-paragraph––\n(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 authority”;\n(bb) the second sentence were omitted;\n(ii) in the second sub-paragraph––\n(aa) for “Member States” there were substituted “The appropriate authority”;\n(bb) “by competent authorities” were omitted.\n(8) Article 7 is to be read as if––\n(a) before paragraph 1 there were inserted—\n“A1. In this Article, the “list of waste” means the list contained in the Annex to Commission Decision 2000/532/EC, as that list applies in Northern Ireland.”;\n(b) in paragraph 1—\n(i) the first and second sentences were omitted;\n(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.”;\n(c) paragraphs 2, 3, 6 and 7 were omitted.\n(9) Article 11(5) were omitted.\n(10) Article 16 is to be read as if—\n(a) for paragraph 1 there were substituted—\n“1. The United Kingdom shall take appropriate measures to establish an integrated and adequate network of waste disposal installations and of installations for the recovery of mixed municipal waste collected from private households, including where such collections also covers such waste from other producers.”;\n(b) in paragraph 2—\n(i) for “Community as a whole to become” there were substituted “United Kingdom as a whole to move towards the aim of becoming”; and\n(ii) the words “and to enable Member States to move towards that aim individually,” were omitted.\n(11) In Article 19—\n(a) paragraph 1 is to be read as if, for “a Member State” there were substituted “ the United Kingdom ”; and\n(b) paragraph 2 is to be read as if, for “a Member State” there were substituted “ the United Kingdom ”.\n(11A) Article 35(1) is to be read as if, for the second paragraph, there were substituted—\n“They shall make that data available to the appropriate authority through any electronic registry established for the reporting of such data or, if no such registry is in operation, in such form and manner as the appropriate authority may specify.”\n(12) Annex III is to be read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted.\n(13) Annex 4a is to be read as if, in point 6, “including through Union funds” were omitted.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 3 para. 11(2) substituted (31.12.2020 immediately before IP completion day) by The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 3(5)(h)(i)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Word in Sch. 3 para. 11(3)(a)(i) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 10 para. 33(k)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Sch. 3 para. 11(6)(7) substituted (31.12.2020 immediately before IP completion day) by The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 3(5)(h)(ii)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in Sch. 3 para. 11(7)(b) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 10 para. 33(l)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Sch. 3 para. 11(8) substituted (31.12.2020 immediately before IP completion day) by The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 3(5)(h)(iii)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Sch. 3 para. 11(10) substituted (31.12.2020 immediately before IP completion day) by The Waste and Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/1443), regs. 1(2), 4; 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Sch. 3 para. 11(11A) inserted (31.12.2020 immediately before IP completion day) by The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 3(5)(h)(iv)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Sch. 3 para. 11(13) substituted (31.12.2020 immediately before IP completion day) by The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 3(5)(h)(v)"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "OJ L 102, 11.4.2006 p. 15-34"
    },
    {
      "type": "M",
      "label": "M2",
      "text": "OJ L 257, 10.10.1996 p. 26-40"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 3 para. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2019/289/schedule/3/paragraph/11",
    "retrieved_at": "2026-10-28T22:47:10.249144+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}