Article 2B Meaning of “the Mining Waste Directive” and “the Industrial Emissions Directive”F1

In Article 2A(3)(a)(iii), “the Mining Waste Directive” means Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries, read in accordance with paragraphs 2 and 3.

Article 2 is to be read as if—

(a)

in paragraph 2(c), the reference to Article 11(3)(j) of Directive 2000/60/EC were a reference to that Article read in accordance with paragraph 7 of this Article;

(b)

paragraphs 3 and 4 were omitted.

Article 3(1) is to be read as if, for “Article 1(a) of Directive 75/442/EEC” there were substituted “ Article 3(1) of Directive 2008/98/EC, as read with Articles 5 and 6 of that Directive ”.

In Article 2A(4), “the Industrial Emissions Directive” means Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control), read in accordance with paragraphs 5 and 6.

Article 3 is to be read as if—

(a)

in point (1)(a), for the words from “Article 1” to the end there were substituted “ Article 4(78) of Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation ”;

(b)

in point (10)(b), for “Member State in question” there were substituted “ United Kingdom ”;

(c)

in point (23), for the words from “point 1” to the end there were substituted “ point 1 of the second subparagraph of Article 2 of Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs ”;

(d)

in point (37), for the words from “of the European” to the end there were substituted “ , read with Articles 5 and 6 of that Directive ”.

Annex 1 is to be read as if—

(a)

in the words before point 1, the second paragraph were omitted;

(b)

in point 5.3—

(i)

in point (a), in the words before point (i), for “Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment” there were substituted “ the Urban Waste Water Treatment (England and Wales) Regulations 1994 ”;

(ii)

in point (b), in the words before point (i), for “Directive 91/271/EEC” there were substituted “ the Urban Waste Water Treatment (England and Wales) Regulations 1994 ”;

(c)

in point 5.4, the reference to Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste were a reference to the Landfill Directive;

(d)

in point 6.9, for “Directive 2009/31/EC” there were substituted “ the EU-derived domestic legislation which transposed Directive 2009/31/EC in respect of England and Wales ”;

(e)

in point 6.11, for “Directive 91/271/EEC” there were substituted “ the Urban Waste Water Treatment (England and Wales) Regulations 1994 ”.

(7.)

For the purposes of paragraph 2(a), Article 11(3)(j) of Directive 2000/60/EC is to be read as if—

(a)

the reference to “Member States” were a reference to the appropriate authority or the competent authority;

(b)

in the words after the final indent, “environmental objectives”—

(i)

in relation to the Northumbria River Basin District, means the environmental objectives referred to in the WFD Regulations as applied by regulation 5 of the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003;

(ii)

in relation to the Solway Tweed River Basin District, has the same meaning as in regulation 2 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004;

(iii)

in relation to a river basin district within the meaning of the WFD Regulations, has the same meaning as in those Regulations.

In paragraph 6(c), “the Landfill Directive” means Council Directive 1999/31/EC on the landfill of waste, as last amended by Directive (EU) 2018/850, and read as if, in Article 2—

(a)

in point (a) “‘waste’,” were omitted; and

(b)

after point (a) there were inserted—

“(aa)
“waste” means anything that—
(i)
is waste within the meaning of Article 3(1) of Directive 2008/98/EC, as read with Articles 5 and 6 of that Directive, and
(ii)
is not excluded from the scope of that Directive by Article 2(1), (2) or (3) of that Directive;”.

In paragraph 7—

(a)

in point (a), “the appropriate authority” has the meaning given by Article 2A(9);

(b)

in point (b), “the WFD Regulations” means the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017.

Annotations

Textual amendments

F1: Arts. 2A, 2B inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 9(3) (as amended by S.I. 2020/1540, regs. 1(3), 14(5)(a)(b)); 2020 c. 1, Sch. 5 para. 1(1)