Paragraph 4 Modification of the Asbestos DirectiveI1

Northern Ireland

(1)

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

(2)

When interpreting the Asbestos Directive for the purposes of these Regulations—

(a)

an expression used in the Directive that is defined in these Regulations has the meaning given in these Regulations except for “ waste” which has the meaning given in Article 2(5) of the Asbestos Directive read in accordance with sub-paragraph (3);

(b)

the competent authority is the Department; and

(c)

a reference to Member States is to be read as a reference to the Department.

(3)

Article 2(5) is to be read as if for “Article 1 of Directive 75/442/EEC M1” there were substituted “ Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive ”.

(4)

Article 3(2) is to be read as if for “Article 13 of Directive 84/360/EEC M2” there were substituted ”Article 5 of Directive 2008/1/EC of the European Parliament and of the Council M3”.

(5)

Article 5 is to be read as if, in the first paragraph, in point (a), in the first subparagraph, in the second indent, for “competent authorities of the Member States” there were substituted “ Department ”.

(6)

Article 6 is to be read as if—

(a)

after paragraph 1 there were inserted—

“1A
In paragraph 1, “regular intervals” means, for the purposes of a regulated facility to which Article 4 applies, intervals of not more than 6 months.”; and

(b)

paragraph 3 were omitted.

(7)

Article 8 is to be read as if, in the words before the first indent, the words from “Without” to “Accession,” were omitted.

(8)

The Annex is to be read as if, in Part B—

(a)

in Chapter 1, in paragraph 1, in the second subparagraph—

(i)

in the third sentence, for “controlling authority” there were substituted “ Department ”; and

(ii)

in the fourth sentence, for “a Member State” there were substituted “ the Department ”;

(b)

in Chapter 2—

(i)

in the first paragraph, “subject to the provisions of Article 6(3) of the Directive,” were omitted;

(ii)

in the second paragraph, for the words from “using” to the end there were substituted “ in accordance with Article 7(6) of Directive 2009/148/EC of the European Parliament and of the Council on the protection of workers from the risks related to exposure to asbestos at work M4 ”; and

(iii)

in the third paragraph—

(aa)

in point 1, for “controlling authority” there were substituted “ Department ”; and

(bb)

in point 8, for the words from “conform” to the end there were substituted “ be conducted in accordance with Article 7(6) of Directive 2009/148/EC ”.

Annotations

Textual amendments

F1: Words in Sch. 3 para. 4(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)(a)

Marginal citations

M1: OJ L 194, 25.7.1975, p. 39-41
M2: OJ L 188, 16.7.1984, p. 20-25
M3: OJ L 24, 29.1.2008, p. 8-29
M4: OJ L 330, 16.12.2009, p. 28-36

Commencement

I1: Sch. 3 para. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1