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Paragraph 7 Modification of the End-of-Life Vehicles DirectiveI1

Northern Ireland

(1)

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

(2)

When interpreting the End-of-Life Vehicles 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; and

(b)

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)

for paragraph 1 there were substituted—

“1

“vehicle” means any motor vehicle;

1A

“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;”;

(b)

in paragraph 2, “within the meaning of Article 1(a) of Directive 75/442/EEC M1” were omitted;

(c)

for paragraphs 8 and 9, there were substituted—

“8

‘recovery’ has the meaning given in regulation 1(3) of the Waste Management Licensing Regulations (Northern Ireland) 2003 M2; and

9

‘disposal’ has the meaning given in regulation 1(3) of the Waste Management Licensing Regulations (Northern Ireland) 2003;”;

(d)

for paragraph 11 there were substituted—

“11

‘hazardous substance’ has the meaning given regulation 2(1) of the Hazardous Waste Regulations (Northern Ireland) 2005; M3”.

(4)

Article 4(2) is to be read as if points (b) and (c) were omitted.

(5)

Article 6 is to be read as if—

(a)

in paragraph 1—

F3(i)

for “Directive 2008/98/EC of the European Parliament and of the Council” there were substituted “the Waste Framework Directive”;

(ii)

“, without prejudice to national regulations on health and environment” were omitted;

(b)

in paragraph 3, in the words before point (a), for “establishment or undertaking” there were substituted “ operator ”.

(6)

Annex II is to be read as if, in the table, in table footnote (2a), for the words from “Directive 2006/95/EC M4” to the end there were substituted “ the second subparagraph of Article 1 of Directive 2014/35/EU M5 of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits ”.

(7)

In sub-paragraph (2)(b), “local authority” in Northern Ireland means a district council within the meaning of section 1 of the Local Government Act (Northern Ireland) 1972 M6.

Annotations

Textual amendments

F1

Words in Sch. 3 para. 7(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)(d)(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)

F3

Sch. 3 para. 7(5)(a)(i) 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)(d)(ii)

Marginal citations

M1

OJ L 194, 25.7.1975, p. 39-41

M2

S.R. 2003 No. 493 as relevantly amended by S.R. 2003 No. 496, S.R. 2005 No. 300, S.R. 2006 No. 280, S.R. 2006 No. 489, S.R. 2006 No. 519, S.R. 2008 No. 18, S.R. 2009 No. 76, S.R. 2009 No. 159, S.R. 2010 No. 411, S.R. 2011 No. 124, S.R. 2011 No. 127, S.R. 2011 No. 403, S.R. 2013 No. 241, S.R. 2014 No. 137, S.R. 2014 No. 307, S.R. 2014. No. 252, S.R. 2015 No. 14, S.R. 2015 No. 288, S.R. 2016 No. 95 and S.R. 2016 No. 96

M3

S.R. 2005 No. 300 as relevantly amended by S.R. 2011 No. 127, S.R. 2015 No. 288 and S.R. 2016 No. 95

M4

OJ L 374, 27.12.2006, p. 10-19

M5

OJ L 96, 29.3.2014, p. 357-374

M6

1972 c.9 (N.I.)

Commencement

I1

Sch. 3 para. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1