Regulation 11 Commission Regulation (EU) No 1179/2012 establishing criteria determining when glass cullet ceases to be waste under Directive 2008/98/EC of the European Parliament and of the CouncilI1

Commission Regulation (EU) No 1179/2012 establishing criteria determining when glass cullet ceases to be waste under Directive 2008/98/EC of the European Parliament and of the Council is amended as follows.

In Article 2, in the second paragraph—

After Article 2 insert—

“Article 2A

Modification of Directive 2008/98/EC of the European Parliament and of the Council

1

For the purposes of this Regulation, a reference to Directive 2008/98/EC is a reference to Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by F1Directive (EU) 2018/851, and read in accordance with this Article.

2

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 competent authority, appropriate authority 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.

F33

Article 5 is to be read as if—

(a)

in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

(b)

after paragraph 1 there were inserted—

“1A.

Any decision as to whether a substance or object is a by-product must be made—

(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

(b)

having regard to any guidance published by the appropriate authority or the competent authority for the purposes of this Article.”;

(c)

paragraphs 2 and 3 were omitted.

4.

Article 6 is to be read as if—

(a)

in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

(b)

after paragraph 1 there were inserted—

“1A.

Any decision as to whether a substance or object has ceased to be waste must be made—

(a)

in accordance with any regulations or retained direct EU legislation setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; and

(b)

having regard to any guidance published by the appropriate authority or the competent authority for the purposes of this Article.”;

(c)

in paragraph 2—

(i)

the first subparagraph were omitted;

(ii)

in the second subparagraph, for “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;

(iii)

the third and fourth subparagraphs were omitted;

(d)

paragraph 3 were omitted;

(e)

in paragraph 4—

(i)

in the first subparagraph—

(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 competent authority”;

(bb)

the second sentence were omitted;

(ii)

in the second subparagraph—

(aa)

for “Member States” there were substituted “The competent authority”;

(bb)

“by competent authorities” were omitted.

5.

Article 7 is to be read as if—

(a)

before paragraph 1 there were inserted—

“A1.

In this Article, the “list of waste” means the list contained in the Annex to Commission Decision 2000/532/EC, as that list has effect in England, Wales, Scotland or Northern Ireland (as the case may be).”;

(b)

in paragraph 1—

(i)

the first and second sentences were omitted;

(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.”;

(c)

paragraphs 2, 3, 6 and 7 were omitted.

6

Annex 3 is to be read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted.

7

In F4this Article—

(a)

“appropriate authority” means—

(i)

in relation to England, the Secretary of State;

(ii)

in relation to Wales, the Welsh Ministers;

(iii)

in relation to Scotland, the Scottish Ministers;

(iv)

in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

(b)

“local authority” means—

(i)

in England outside Greater London—

• — a district council,

• — a county council, or

• — the Council of the Isles of Scilly;

(ii)

in Greater London—

• — the council of a London borough,

• — the Common Council of the City of London,

• — the Sub-Treasurer of the Inner Temple, or

• — the Under-Treasurer of the Middle Temple;

(iii)

in Wales—

• — a county council, or

• — a county borough council;

(iv)

in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

(v)

in Northern Ireland, a district council established under section 1 of the Local Government Act (Northern Ireland) 1972.”.

In Article 5—

After Article 5 insert—

“Article 5A

EU exit: transitional provision

1

Paragraph 3 applies to verification obtained in compliance with Article 5 as it had effect immediately before F5IP completion day.

2

Paragraph 3 also applies where—

(a)

before exit day, a producer or supplier of an importer has submitted a management system to a conformity assessment body or an environmental verifier for verification in compliance with Article 5 as it had effect immediately before IP completion day, and

(b)

after IP completion day, the producer or supplier obtains that verification.

3

Where this paragraph applies, the verification obtained is deemed to be verification for the purposes of Article 5.”.

Omit Article 6.

After Article 6, omit the words from “This Regulation shall” to “Member States”.

In Annex 2, in the fifth entry in the table, in the second column, omit the words from “or by an environmental verifier” to the end.