Paragraph 12 Modification of the WEEE DirectiveI1

Northern Ireland

(1)

For the purposes of these Regulations F1and the legislation specified in regulation 5, the WEEE Directive is to be read in accordance with this paragraph.

(2)

Any 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 F2IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion so far as it related to Northern Ireland.

(3)

Article 2 is to be read as if—

(a)

paragraph 2 were omitted;

(b)

in paragraph 3(a), for “Member States” there was substituted “ the United Kingdom ”; and

(c)

paragraph 5 were omitted.

(4)

Article 3 is to be read as if—

(a)

in paragraph 1—

(i)

after point (a) there were inserted—

“(aa)
‘waste’ means waste within the meaning of Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive;
(ab)
‘hazardous waste’ has the meaning given by regulation 2(1) of the Hazardous Waste Regulations (Northern Ireland) 2005;”;

(ii)

in point (e), “within the meaning of Article 3(1) of Directive 2008/98/EC” were omitted;

(iii)

in point (f)—

(aa)

in the words before point (i), for the words from “distance communication” to the end, there were substituted “ by means of distance communication ”;

(bb)

points (i) and (ii) are to be read as if for “a Member State” and for “the territory of that Member State” there were substituted “ the United Kingdom ”;

(cc)

for point (iii) there were substituted—

“(iii)
is established in the United Kingdom and places on the market, on a professional basis, EEE from another country;”;

(dd)

the first subparagraph of point (iv) is to be read as if for “a Member State” there were substituted “ the United Kingdom ”;

(ee)

the first subparagraph of point (iv) is to be read as if for “Member State or in a third” were omitted;

(iv)

in point (j), for “a Member State” there was substituted “ the United Kingdom ”;

(v)

in point (k), for “territory of a Member State” there was substituted “ United Kingdom ”;

(vi)

for points (m) to (o) there were substituted—

“(m)
‘medical device’ means a medical device within the meaning of regulation 2(1) of the Medical Devices Regulations 2002 M1 which is EEE;
(n)
‘in vitro diagnostic medical device’ means an in vitro diagnostic medical device within the meaning of regulation 2(1) of the Medical Devices Regulations 2002 which is EEE;
(o)
‘active implantable medical device’ means an active implantable medical device within the meaning of regulation 2(1) of the Medical Devices Regulations 2002 which is EEE.”;

(b)

after paragraph 1 there were inserted—

“1A
In paragraph 1(f), “means of distance communication” has the meaning given by regulation 3(1) of the Consumer Protection (Distance Selling) Regulations 2000 M2.”;

(c)

in paragraph 2—

(i)

“ ‘hazardous waste’,” were omitted; and

(ii)

for “Directive 2008/98/EC” there were substituted “ the Waste Framework Directive ”.

(5)

Article 8(5) is to be read as if the second, third, fourth and fifth subparagraphs were omitted.

(6)

Article 9 is to be read as if—

(a)

in paragraph 3, the following were omitted—

(i)

“or the registration referred to in paragraphs 1 and 2”; and

(ii)

the words from “and for the” to the end;

(7)

Annex 7 is to be read as if, in paragraph 1—

(a)

in the first subparagraph—

(i)

in the first indent, for the words from “Council Directive 96/59/EC M3” to the end there were substituted “ the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) Regulations (Northern Ireland) 2000 M4 ”;

(ii)

in the thirteenth indent, for the words from “Commission Directive 97/69/EC M5” to the end there were substituted “ Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures M6 ”; and

(iii)

in the fourteenth indent, for the words from “Article 3” to the end there were substituted “ Annex 7 to the Basic Safety Standards Directive ”;

(b)

in the second subparagraph, for “Directive 2008/98/EC” there were substituted “ the Waste Framework Directive ”.

(8)

Annex 8 is to be read as if, in paragraph 1, in the words before the first indent, the words from “(without prejudice” to “landfill of waste)” were omitted.

(9)

In sub-paragraph (2), “local authority” in Northern Ireland means a district council within the meaning of section 1 of the Local Government Act (Northern Ireland) 1972.

(10)

In sub-paragraph (4)(a)(iii)(aa), “by means of distance communication” has the meaning given by regulation 3(1) of the Consumer Protection (Distance Selling) Regulations 2000.”

Annotations

Textual amendments

F1: Words in Sch. 3 para. 12(1) 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)(i)
F2: Words in Regulations 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(2)

Marginal citations

M1: S.I. 2002/618
M2: S.I. 2000/2334, to which there are amendments not relevant to these Regulations.
M3: OJ L 243, 24.9.1996, p. 31-35
M4: S.R. 2000 No. 232 as relevantly amended by S.R. 2011 No. 127
M5: OJ L 343, 13.12.1997, p. 19-24
M6: OJ L 353, 31.12.2008, p. 1-1355

Commencement

I1: Sch. 3 para. 12 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1