BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
United Kingdom Statutory Instruments |
||
|
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Waste (Meaning of Recovery) (Miscellaneous Amendments) Regulations 2016 No. 738 URL: http://www.bailii.org/uk/legis/num_reg/2016/uksi_2016738_en_1.html |
||
[New search] [Printable PDF version] [Help]
Statutory Instruments
Environmental Protection
Made
11th July 2016
Laid before Parliament
12th July 2016
Coming into force
3rd August 2016
The Secretary of State makes these Regulations in exercise of the powers conferred by-
(a)in relation to regulations 8 and 10, section 2(2) of the European Communities Act 1972(1) ("the 1972 Act") and section 2 of, and Schedule 1 to, the Pollution Prevention and Control Act 1999(2) ("the 1999 Act"), and
(b)otherwise, section 2(2) of the 1972 Act.
The Secretary of State has in accordance with section 2(4) of the 1999 Act consulted-
(a)the Environment Agency;
(b)such bodies or persons appearing to the Secretary of State to be representative of the interests of local government, industry, agriculture and small businesses as the Secretary of State considers appropriate; and
(c)such other bodies or persons as the Secretary of State considers appropriate.
The Secretary of State is a Minister designated for the purposes of section 2(2) of the 1972 Act in relation to the environment(3).
1.-(1) These Regulations may be cited as the Waste (Meaning of Recovery) (Miscellaneous Amendments) Regulations 2016 and come into force on 3rd August 2016.
(2) Subject to paragraph (3), an amendment made by these Regulations has the same extent and application as the provision amended.
(3) Regulations 8 and 10 do not apply to Wales.
2. In section 33(13) of the Environmental Protection Act 1990(4), for "Annex I or II of Directive 2008/98/EC of the European Parliament and of the Council on waste" substitute "Annex I or II of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste(5)".
3. In section 75(5) of the Marine and Coastal Access Act 2009(6), for "Directive 2008/98/EC of the European Parliament and of the Council of 18 November 2008 on waste" substitute "Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste".
4. In regulation 2 of the End-of-Life Vehicles Regulations 2003(7), for the definition of "the Waste Directive", substitute-
""the Waste Directive" means Directive 2008/98/EC of the European Parliament and of the Council on waste".
5. In regulation 2 of the End-of-Life Vehicles (Producer Responsibility) Regulations 2005(8), for the definition of "the Waste Directive" substitute-
""the Waste Directive" means Directive 2008/98/EC of the European Parliament and of the Council on waste".
6. In regulation 2(1) of the Hazardous Waste (England and Wales) Regulations 2005(9), for sub-paragraph (a) substitute-
"(a)"the Waste Directive" means Directive 2008/98/EC of the European Parliament and of the Council on waste;".
7. In regulation 2(1) of the Producer Responsibility Obligations (Packaging Waste) Regulations 2007(10), for the definition of "the Waste Directive" substitute-
""the Waste Directive" means Directive 2008/98/EC of the European Parliament and of the Council on waste;".
8. In regulation 3 of the Environmental Permitting (England and Wales) Regulations 2010(11), for the definition of "the Waste Framework Directive" substitute-
""the Waste Framework Directive" means Directive 2008/98/EC of the European Parliament and of the Council on waste;".
9. In article 3 of the Marine Licensing (Exempted Activities) Order 2011(12), for the definition of "the Waste Framework Directive" substitute-
""the Waste Framework Directive" means Directive 2008/98/EC of the European Parliament and of the Council on waste".
10. In regulation 3(1) of the Waste (England and Wales) Regulations 2011(13), for the definition of "the Waste Framework Directive" substitute-
""the Waste Framework Directive" means Directive 2008/98/EC of the European Parliament and of the Council on waste;".
11. In regulation 2 of the Climate Change Agreements (Eligible Facilities) Regulations 2012(14), for the definition of "the Waste Framework Directive" substitute-
""the Waste Framework Directive" means Directive 2008/98/EC of the European Parliament and of the Council on waste;".
12. In regulation 4(10)(d) of the Waste and Emissions Trading Act 2003 (Amendment etc.) Regulations 2013(15), for "Directive 2008/98/EC on waste" substitute "Directive 2008/98/EC of the European Parliament and of the Council on waste".
13. In regulation 2 of the Waste Electrical and Electronic Equipment Regulations 2013(16)-
(a)omit the definition of "the Waste Directive"; and
(b)after the definition of "the Directive", insert-
""the Waste Directive" means Directive 2008/98/EC of the European Parliament and of the Council on waste;".
Rory Stewart
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
11th July 2016
(This note is not part of the Regulations)
These Regulations make amendments to various enactments which define waste "recovery" by reference to Directive 2008/98/EC of the European Parliament and of the Council on waste (OJ No L 312, 22.11.08, p 3) ("the Waste Framework Directive"). Annex II to the Waste Framework Directive was amended by Commission Directive (EU) 2015/1127 (OJ No L 184, 11.07.15, p 13), adding a climate correction factor into the energy efficiency formula used to determine whether an incineration facility dedicated to the processing of municipal solid waste is considered a recovery operation (recovery operation "R1" in Annex II).
These Regulations implement Commission Directive (EU) 2015/1127 by updating relevant references to the Waste Framework Directive. The effect of section 20A of the Interpretation Act 1978 (c.30) is that each updated reference to the Waste Framework Directive is to the Waste Framework Directive as last amended by Commission Directive (EU) 2015/1127.
An impact assessment has not been produced for this instrument as no impact on the public, private or voluntary sector is foreseen.
1972 c.68; section 2(2) was amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c.51), and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7).
1999 c.24; section 2 was amended by section 62(13) of the Water Act 2014 (c.21) and by S.I. 2013/755 (W.90). Schedule 1 was amended by section 38 of the Waste and Emissions Trading Act 2003 (c.33), by section 105(1) of the Clean Neighbourhoods and Environment Act 2005 (c.16), and by S.I. 2005/925, 2011/1043, 2012/2788 and 2015/664.
1990 c.43; section 33(13) was inserted by S.I. 2007/3538 and amended by S.I. 2011/988.
OJ No L 312, 22.11.2008, p 3, as last amended by Commission Directive (EU) 2015/1127 (OJ No L 184, 11.07.15, p 13).
2009 c.23; section 75(5) was inserted by S.I. 2011/405.
S.I. 2003/2635, amended by S.I. 2011/988; there are other amending instruments but none is relevant.
S.I. 2005/263, amended by S.I. 2011/988; there are other amending instruments but none is relevant.
S.I. 2005/894; relevant amending instruments are S.I. 2011/988 and 2015/1360.
S.I. 2007/871, amended by S.I. 2011/988; there are other amending instruments but none is relevant.
S.I. 2010/675, amended by S.I. 2015/1360; there are other amending instruments but none is relevant.
S.I. 2011/409, to which there are amendments not relevant to these Regulations.
S.I. 2011/988, to which there are amendments not relevant to these Regulations.
S.I. 2012/2999, to which there are amendments not relevant to these Regulations.
S.I. 2013/3113, to which there are amendments not relevant to these Regulations.
