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Decision

2008/350/EC: Commission Decision of 3 April 2008 on the rules of England, Wales, Northern Ireland and Scotland concerning permit exemptions for undertakings and establishments recovering hazardous waste under Article 3 of Council Directive 91/689/EEC (notified under document number C(2008) 1212) (Text with EEA relevance)

CELEX
Directive 91/689/EEC
Date of document
Articles
3
Source
EUR-Lex
Article 1

The rules on permit exemptions concerning the recovery of hazardous wastes laid down in the draft Waste Management Licensing Exemptions (Amendment and Related Provisions) (England and Wales) Regulations 2006, the Waste Electrical and Electronic Equipment (Waste Management Licensing) (Northern Ireland) Regulations 2006 and the Waste Management Licensing Amendment (Scotland) Regulations 2006, notified by the United Kingdom and listed in the Annex to this Decision, comply with Article 3(2) and (4) of Directive 91/689/EEC.

Article 2

This Decision is addressed to the United Kingdom of Great Britain and Northern Ireland.

Schedules & Appendices

ANNEX

ANNEX

Rules notified by the United Kingdom and considered by the Commission compliant with Article 3(2) to (4) of Directive 91/689/EEC in conjunction with Article 11(1) (b) of Directive 2006/12/EC

1.   The waste management exemptions (amendment and related provisions) (England and Wales) Regulations 2006

Provision

Type of waste, including code

Type of activity  ( 1 )

Limit values

Other requirements (not exclusive listing)

Paragraph 17(1)

14 06 01*  ( 2 )

Storage

Maximum quantity stored at one time: 18 tonnes

Maximum duration of storage: 6 months

The storage must be on an impermeable surface, and in sealed leak proof containers.

When stored on the premises, the waste is kept separately.

14 06 02* , 14 06 03* , 20 01 13*

Storage

Maximum quantity stored at one time: 5 cubic metres

Maximum duration of storage: 6 months

20 01 27* (Paints (excluding specialist and industrial paints, wood preservatives, aerosol and spray paints, inks, adhesives and resins) pending re-use as paint).

Storage

Maximum quantity stored at one time: 10 000 litres.

Maximum duration of storage: 6 months

17 02 04* (Wood including telegraph poles and railway sleepers)

Storage

Maximum quantity stored at one time: 100 tonnes

Maximum duration of storage: 1 year

The storage must be on an impermeable surface.

When stored on the premises, the waste is kept separately.

Paragraph 18(1)

13 01 09* to 13 07 01* except 13 03 01* to 13 03 10* and 13 05 01* to 13 05 08*

Storage

Maximum storage capacity of the container: 3 cubic metres, no more than 20 containers on those premises

Maximum duration of storage: 1 year

The waste is stored in secure containers at a distance of not less than 10 metres from any inland or coastal waters or less than 50 metres from any well, borehole or similar work sunk into underground strata for the purpose of any water supply.

When stored on the premises, the waste is kept separately.

20 01 33* (Sorted or unsorted separate collections of batteries, batteries containing hazardous batteries)

Storage

Maximum storage capacity of the container: 400 cubic metres

Maximum duration of storage: 1 year

When stored in secure containers on the premises, the waste is kept separately.

Paragraph 38

Samples of waste (including samples of hazardous waste) which are to be subjected to testing and analysis

Storage

Maximum storage limit: 10 tonnes

Paragraph 39(1)

Medicines included in 18 01 08* and 20 01 31* and hypodermic syringes included in 18 01 03*

Storage at a pharmacy (returned by households and individuals)

Maximum quantity stored at one time: 5 cubic metres

Maximum duration of storage: 6 months

These wastes are stored in secure containers separately.

Paragraph 39(2)

Hypodermic syringes and sharps included in 18 01 03* and 18 02 02*

General healthcare waste (other than hypodermic syringes and sharps) included in 18 01 03* and 18 02 02

Medicines included in 18 01 08* , 18 02 07* and 20 01 31*

Storage at the premises of a medical, nursing or veterinary practice produced in carrying out that practice

Maximum quantity stored at one time: 5 cubic metres.

Maximum duration of storage: 3 months

The waste is stored in secure containers

Paragraph 43(1) and (3)

Waste gas discharge lamps including fluorescent tubes (within code 20 01 21* )

Crushing for the purposes of volume reduction prior to collection

Maximum quantity of lamps processed in any period of 24 hours: 3 tonnes.

Maximum mercury concentration in emissions: 50 μg/cubic metres.

Crushing operation is carried out in equipment designed for the purpose of the volume reduction prior to collection.

The crushing operation is carried out solely for that purpose.

Paragraph 43(2) and (4)

Waste gas discharge lamps including fluorescent tubes within code 20 01 21*

Storage prior to crushing or storage after crushing but prior to collection.

Mercury concentration in emissions ≤ 50 μg/m 3

The storage of the lamps prior to crushing is under weather proof covering in compliance with paragraph 1 of Annex III to Directive 2002/96/EC on Waste Electrical and Electronic Equipment (WEEE).  ( 3 ) The storage after the crushing is in a secure container.

Paragraph 45(1)

Lead acid motor vehicle batteries included in 16 06 01* whether or not forming part of, or contained in, a motor vehicle

Sorting

Maximum limit: 20 tonnes/7 days

The waste is stored at any secure place designed or adapted for the recovery of scrap metal or the dismantling of waste motor vehicles; every part of that place upon which the activity is carried out is surfaced with an impermeable pavement provided with a sealed drainage system and the plant or equipment used in carrying on the activity is maintained in reasonable working order.

Paragraph 45(2)

Lead acid motor vehicle batteries included in 16 06 01* whether or not forming part of, or contained in, a motor vehicle

Storage

40 tonnes/12 months

The waste is stored separately or is kept in separate containers at any secure place.

Any container in which it is stored, is stored on an impermeable pavement which is provided with a sealed drainage system.

In a case where a consignment consisting of more than one kind of waste is delivered to that place it may be stored unseparated at that place pending sorting for a period not exceeding 2 months.

The height of any pile or stack of waste does not exceed 5 metres.

Paragraph 49

16 02 11* , 20 01 23*

Treatment (repair and/or refurbishment) and storage where the activity is carried on of any such WEEE intended to be submitted to repair or refurbishment or both

Storage limits: 80 cubic metres

Treatment limits: 5 tonnes/day

Maximum duration of storage: 12 months

The waste is stored and treated in a manner that will prevent the release of the CFCs, HCFCs or HFCs

16 02 13* , 20 01 35*

Treatment (repair and/or refurbishment) and storage where the activity is carried on of any such WEEE intended to be submitted to repair or refurbishment or both

Storage limit: 80 cubic metres

Treatment limits: 5 tonnes/day

Maximum duration of storage: 12 months

Paragraph 50

16 02 11* , 20 01 23*

Storage

Storage limit: 80 cubic metres.

Maximum duration of storage: 3 months

The storage has to be on an impermeable surface within a secure container or a secure place.

A weatherproof covering shall be used.

This waste should be stored in a manner that will prevent the release of the CFC, HCFC and HFC; the number of units in any stack shall not exceed 2; the overall height of any stack shall not exceed 3,5 metres.

16 02 13* , 20 01 35*

Storage

Storage limit: 80 cubic metres.

Maximum duration of storage: 3 months

The storage has to be on an impermeable surface within a secure container or a secure place.

A weatherproof covering shall be used.

20 01 21*

Storage

Storage limit: 50 cubic metres.

Maximum duration of storage: 3 months

The storage has to be in appropriate leak proof containers at any secure place; a weatherproof covering shall be used.

This kind of waste shall be stored in such a way that the glass is not broken.

2.   The waste management licensing amendment (Scotland) Regulations 2006

Provision

Type of waste, including code

Type of activity

Limit values

Other requirements

Paragraph 3(a) (ii)

13 01 09* to 13 01 13* , 13 02 04* to 13 02 08* , 13 03 06* to 13 03 10* , 13 04 01* to 13 04 03* , 13 07 01* to 13 07 03*

Burning as a fuel

Authorisation granted under part I of the 1990 Act or a permit granted under the 2000 Regulations and compliance with the Waste Incineration (Scotland) Regulations 2003 is required

Paragraph 3(c)

13 01 09* to 13 01 13* , 13 02 04* to 13 02 08* , 13 03 06* to 13 03 10* , 13 04 01* to 13 04 03* , 13 07 01* to 13 07 03*

Storage (at the place where it is produced)

Storage limit: 23 000 litres

Maximum duration of storage: 12 months

Paragraph 6(1)

13 01 09* to 13 01 13* , 13 02 04* to 13 02 08* , 13 03 06* to 13 03 10* , 13 04 01* to 13 04 03* , 13 07 01* to 13 07 03*

Burning as a fuel in an engine of an aircraft, hovercraft, mechanically propelled vehicle, railway locomotive, ship or other vessel

The total amount burned of such waste does not exceed 2 500 litre/hour in any one engine

6(2)

13 01 09* to 13 01 13* , 13 02 04* to 13 02 08* , 13 03 06* to 13 03 10* , 13 04 01* to 13 04 03* , 13 07 01* to 13 07 03*

Storage of waste oil intended to be burned according to paragraph 6(1)

23 000 litres

Paragraph 17(1)

Solvents within codes 14 06 02* , 14 06 03* and 20 01 13* , batteries within Code 20 01 33*

Storage

Maximum total quantity: 5 cubic metres

Maximum duration of storage: 12 months

When stored, the waste is kept separately in a secure place on any premises.

Refrigerants and halons within code 14 06 01* (chlorofluorocarbons, HCFC and HFC)

Storage

Maximum total quantity: 18 tonnes

Maximum duration of storage: 12 months

Paragraph 18(2)(a)

Batteries within code 20 01 33*

Storage

The storage capacity of the container(s) used for its storage does not exceed 400 cubic metres in total.

No more than 20 containers are stored on those premises.

Maximum duration of storage: 12 months

Provision is made to prevent oil escaping into the ground or a drain. When stored, the waste is kept separately.

Paragraph 18(2)(b)

13 01 09* to 13 01 13* , 13 02 04* to 13 02 08* , 13 03 06* to 13 03 10* , 13 04 01* to 13 04 03* , 13 07 01* to 13 07 03*

Storage

The storage capacity of any container(s) used for its storage does not exceed 3 cubic metres in total.

No more than 20 containers are stored on those premises.

Maximum duration of storage: 12 months

Provision is made to prevent oil escaping into the ground or a drain.

When stored, the waste is kept separately.

Paragraph 28

18 01 03* , 18 01 06* , 18 01 08* , 18 01 10*

Use of autoclaves to sterilise waste at the place where the waste is produced

Maximum autoclave capacity: 3 cubic metres, maximum waste quantity sterilised at any one place in any one calendar month: 100 tonnes

The autoclaves are accredited by the Medicine and Healthcare Products Regulatory Agency

Paragraph 36(1) and (2)

Waste other than tank washings: 15 02 02* , 16 02 09* to 16 02 13* , 16 02 15* , 16 04 03* , 16 05 04* , 16 06 01* to 16 06 03* , 16 06 06* , 18 01 03* , 18 01 06* , 18 01 08* , 20 01 13* , 20 01 21* , 20 01 23* , 20 01 26* , 20 01 27* , 20 01 29* , 20 01 31* , 20 01 33* , 20 01 35* , 20 01 37*

Storage at waste reception facilities provided within a harbour area, where such storage is incidental to the collection or transport of the waste

Maximum storage capacity at one time: 20 cubic metres/ship

Maximum duration of storage: 7 days

Paragraph 36(1) and (3)

Tank washings: 13 01 09* to 13 01 13* , 13 02 04* to 13 02 08* , 13 03 06* to 13 03 10* , 13 04 01* to 13 04 03* , 13 07 01* to 13 07 03* , 13 08 01* , 13 08 02* , 13 08 99* , 16 07 08* , 16 07 09* , 16 10 01* and 16 10 03*

Storage at waste reception facilities provided within a harbour area, where such storage is incidental to the collection or transport of the waste

The amount of tank washings consisting of dirty ballast does not exceed 30 % of the total deadweight of the ships.

The amount of tank washings consisting of waste mixtures containing oil does not exceed 1 % of the total deadweight of the ships.

Paragraph 38

Samples of hazardous waste (including the temporary storage of WEEE pending its recovery) which are being or are to be subjected to testing and analysis

The storage at any place where they are being or are to be tested or analysed

Maximum storage limit: 10 tonnes

Paragraph 39(1)

16 02 09* , 16 02 10* , 16 02 11* , 16 02 12* , 16 02 13* , 16 02 15* , 16 06 01* , 16 06 02* , 16 06 03* , 18 01 03* , 18 01 08* , 18 02 02* , 18 02 07* , 20 01 31* , 20 01 33* , 20 01 35*

The storage at a pharmacy or at the premises of a medical, nursing or veterinary practice or any other authorised needle exchange, which have been returned to those places from residential or nursing homes, households or by individuals.

Maximum storage capacity: 10 cubic metres

Maximum amount returned/24 hrs: 5 kg/5 l

Maximum duration of storage: 3 months

Paragraph 39(2)

16 02 09* , 16 02 10* , 16 02 11* , 16 02 12* , 16 02 13* , 16 02 15* , 16 06 01* , 16 06 02* , 16 06 03* , 18 01 03* , 18 01 08* , 18 02 02* , 18 02 07* , 20 01 31* , 20 01 33* , 20 01 35

The storage at the premises of a medical, nursing or veterinary practice of the wastes produced in carrying on that practice

Maximum storage capacity: 10 cubic metres

Maximum duration of storage: 3 months

Paragraph 43(1) and (3)

Waste gas discharge lamps including fluorescent tubes (within code 20 01 21* )

Crushing for the purposes of volume reduction prior to collection

Maximum quantity of lamps processed in any period of 24 hours: 3 tonnes

Maximum mercury concentration in emissions: 50 μg/cubic metres

Crushing operation is carried out in equipment designed for the purpose of the volume reduction prior to collection.

The crushing operation is carried out solely for that purpose.

Paragraph 43(2) and (3)

Waste gas discharge lamps including fluorescent tubes within code 20 01 21*

Storage prior to crushing or storage after crushing but prior to collection

Mercury concentration in emissions ≤ 50 μg/m 3

The storage of the lamps prior to crushing is under weather proof covering in compliance with paragraph 1 of Annex III to Directive 2002/96/EC on Waste Electrical and Electronic Equipment (WEEE)  ( 4 ) . The storage after the crushing is in a secure container.

Paragraph 45(1)

Lead acid motor vehicles batteries (within category 16 06 01* of the European Waste Catalogue) not forming part of, nor contained in, a motor vehicle

Sorting

Maximum capacity: 20 tonnes/7 days.

The place is surfaced with an impermeable pavement provided with a sealed drainage system.

The plant or equipment used in carrying on the activity is maintained in reasonable working order.

Paragraph 45(2)

Lead acid motor vehicles batteries (within category 16 06 01* of the European Waste Catalogue) not forming part of, nor contained in, a motor vehicle

The storage at any place designed or adapted for the recovery of scrap metal or the dismantling of waste motor vehicles

Maximum storage capacity: 40 tonnes

Maximum duration of storage: 12 months

The height of any pile or stack of waste does not exceed 5 metres

The waste is stored in secure containers, where appropriate, on an impermeable pavement provided with a sealed drainage system.

Paragraph 47(2)

16 02 11* and 20 01 23*

Treatment (repair and/or refurbishment) and incidental storage

Storage limit (either awaiting repair or refurbishment or stored following such treatment): 80 cubic metres

Treatment limits: 5 tonnes/day.

Maximum duration of storage: 12 months

The activity is carried on primarily with a view to the reuse of the WEEE for its original purpose, at any secure place.

The waste is stored in such a manner that the environmentally sound reuse or recycling of the waste is not hindered.

Best available treatment, recovery and recycling techniques are used when carrying out the activity.

The waste is stored in a manner that will prevent the release of the CFCs, HCFCs or HFCs.

16 02 13* and 20 01 35*

Treatment (repair and/or refurbishment) and incidental storage

Storage limit (either awaiting repair or refurbishment or stored following such treatment): 80 cubic metres

Treatment limits: 5 tonnes/day.

Maximum duration of storage: 12 months

The activity is carried on primarily with a view to the reuse of the WEEE for its original purpose, at any secure place.

The waste is stored in such a manner that the environmentally sound reuse or recycling of the waste is not hindered.

Best available treatment, recovery and recycling techniques are used when carrying out the activity.

Paragraph 48(2)

16 02 11* , 20 01 23*

Storage

Storage limit: 80 cubic metres

Maximum duration of storage: 3 months. Overall height of any stack shall not exceed 2 units or 3,5 m, whichever is the lower

The waste is stored in a manner that will prevent the release of the CFC, HCFC and HFC on an impermeable surface within a secure store.

The waste is stored in such a manner that the environmentally sound reuse or recycling of the waste is not hindered.

The weatherproof covering of stored WEEE is required.

16 02 13* and 20 01 35*

Storage

Storage limit: 80 cubic metres

Maximum duration of storage: 3 months

The WEEE is stored on an impermeable surface within a secure store. The weatherproof covering of stored WEEE is required.

The waste is stored in such a manner that the environmentally sound reuse or recycling of the waste is not hindered.

20 01 21*

Storage

Maximum quantity: 50 cubic metres

Maximum duration: 3 months

The waste is stored at any secure place in such a way that the glass is not broken.

The waste is stored in such a manner that the environmentally sound reuse or recycling of the waste is not hindered

3.   Proposed exemptions for operations involving WEEE to be added to schedule 2 of the waste management licensing regulations (Northern Ireland) 2003

Provision

Type of waste, including code

Type of activity  ( 5 )

Limit values

Other requirements (not exclusive listing)

Paragraph 49

16 02 11* , 20 01 23*

Treatment (repair and/or refurbishment), but not including the degassing and capture of ozone depleting substances, and storage where the activity is carried on of any such WEEE intended to be submitted to repair or refurbishment or both

Storage limits: 80 cubic metres

Treatment limits: 5 tonnes/day

Maximum duration of storage: 12 months

The waste is stored and treated in a manner that will prevent the release of the CFCs, HCFCs or HFCs

16 02 13* , 20 01 35*

Treatment (repair and/or refurbishment), but not including the degassing and capture of ozone depleting substances, and storage where the activity is carried on of any such WEEE intended to be submitted to repair or refurbishment or both

Storage limit: 80 cubic metres

Treatment limits: 5 tonnes/day

Maximum duration of storage: 12 months

Paragraph 50

16 02 11* , 20 01 23*

Storage

Storage limit: 80 cubic metres

Maximum duration of storage: 3 months

The storage has to be on an impermeable surface.

A weatherproof covering shall be used.

This waste should be stored in a manner that will prevent the release of the CFC, HCFC and HFC; the number of units in any stack shall not exceed 2; the overall height of any stack shall not exceed 3,5 metres.

16 02 13* , 20 01 35*

Storage

Storage limit: 80 cubic metres.

Maximum duration of storage: 3 months

The storage has to be on an impermeable surface.

A weatherproof covering shall be used.

20 01 21*

Storage

Storage limit: 50 cubic metres.

Maximum duration of storage: 3 months

The storage has to be in appropriate secure containers.

A weatherproof covering shall be used.

This kind of waste shall be stored in such a way that the glass is not broken.

Paragraph 51

20 01 21*

Crushing for the purpose of volume reduction prior to collection

Total quantity of lamps processed in any period of 24 hours: Maximal 3 tonnes Mercury concentration in emissions ≤ 50 μg/m 3

Crushing operation is carried out in equipment designed for the purpose of the volume reduction prior to collection.

The crushing operation is carried out solely for that purpose

The lamps are stored under waterproof covering.

After crushing the lamps are stored in a secure container.

( 1 )   The activities listed in this Annex are carried out for the purpose of recovery.

( 2 )   The six digit codes with the asterisk used in this Annex refer to the nomenclature laid down in the Commission Decision 2000/532/EC.

( 3 )

OJ L 37, 13.2.2003, p. 24 .

( 4 )

OJ L 37, 13.2.2003, p. 24 .

( 5 )   The activities listed in this Annex are carried out for the purpose of recovery.

3 articles

Cite this act

2008/350/EC: Commission Decision of 3 April 2008 on the rules of England, Wales, Northern Ireland and Scotland concerning permit exemptions for undertakings and establishments recovering hazardous waste under Article 3 of Council Directive 91/689/EEC (notified under document number C(2008) 1212) (Text with EEA relevance) (EUR-Lex). Retrieved via LawPlayer, https://lawplayer.com/eu/act/32008D0350

© European Union, https://eur-lex.europa.eu, 1998-2026. Reuse authorised under Commission Decision 2011/833/EU, provided the source is acknowledged.

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