The International Waste Shipments (Amendment) (EU Exit) Regulations 2019

• Citation: S.I. 2019/590
• Sections: 111

Section 1 Citation

These Regulations may be cited as the International Waste Shipments (Amendment) (EU Exit) Regulations 2019.

Section 2 Commencement

(1) This Part and Part 2 come into force on the day after the day on which these Regulations are made.

(2) Parts 3, 4 and 5 come into force on exit day.

Section 3 Amendments to TSWR 2007

The Transfrontier Shipment of Waste Regulations 2007 are amended in accordance with regulations 4 to 12 (also see Part 3).

Section 4 Amendment to regulation 6

In regulation 6(d), for “the Environment” substitute “Agriculture, Environment and Rural Affairs”.

Section 5 Amendment to regulation 7

In regulation 7(2), for “Department of the Environment” substitute “Department of Agriculture, Environment and Rural Affairs”.

Section 6 Amendment to regulation 14

In regulation 14(c), for “the Environment” substitute “Agriculture, Environment and Rural Affairs”.

Section 7 Amendment to regulation 16

In regulation 16 as it forms part of the law of each of Northern Ireland and Scotland, for “Paragraph 4(1)(b) of Schedule 4 to the Waste Management Licensing Regulations 1994” substitute “Paragraph 6(1)(c) of Schedule 4 to the Waste Management Licensing (Scotland) Regulations 2011 ”.

Section 8 Amendment to regulation 46

In regulation 46(2)(b), for “the Environment” substitute “Agriculture, Environment and Rural Affairs”.

Section 9 Amendment to regulation 49A

In regulation 49A(1)(d), for “the Environment” substitute “Agriculture, Environment and Rural Affairs”.

Section 10 Amendment to regulation 50

In regulation 50(1)(d), for “the Environment” substitute “Agriculture, Environment and Rural Affairs”.

Section 11 Amendment to regulation 59

In regulation 59(6)(c), for “the Environment” substitute “Agriculture, Environment and Rural Affairs”.

Section 12 Amendment to Schedule 3

In Schedule 3, in paragraph 1, for “the Environment” substitute “Agriculture, Environment and Rural Affairs”.

Section 13 Amendments to TSWR 2007

The Transfrontier Shipment of Waste Regulations 2007 are amended in accordance with regulations 14 to 43 .

Section 14 Amendment to regulation 6

In regulation 6, in the words before paragraph (a), omit “for the purposes of the Community Regulation”.

Section 15 Amendment to regulation 7

In regulation 7—

(a) in paragraph (1), omit “for the purposes of the Community Regulation”;

(b) in paragraph (2), at the end insert “under the Community Regulation”.

Section 16 Omission of regulation 8

Omit regulation 8.

Section 17 Omission of regulation 10

Omit regulation 10.

Section 18 Amendment to Part 2 heading

For the heading of Part 2, substitute—

UK Plan for Shipments of Waste

Section 19 Omission of regulation 11

Omit regulation 11 (as it forms part of the law of each of England and Wales, Scotland and Northern Ireland).

Section 20 New regulation 11A

Before regulation 12, insert—

UK Plan for Shipments of Waste: continuation and changes

(11A)

(1) The UK Plan for Shipments of Waste of May 2012 continues to have effect.

(2) The Secretary of State may from time to time amend or replace the UK Plan for Shipments of Waste of May 2012; and that plan, as amended or replaced, is referred to in this Part as “the UK Plan”.

(3) Before amending or replacing the UK Plan, the Secretary of State must be satisfied that the change meets the objectives set out in—

(a) Article 4(2)(b) and (d) and (9)(a) of the Basel Convention ; and

(b) paragraphs 1 to 3 of Schedule 1 to the Waste (England and Wales) Regulations 2011 , reading those paragraphs as if—

(i) the objectives in those paragraphs related to the United Kingdom as a whole;

(ii) in paragraph 2(2), the reference to the appropriate authority were a reference to the Secretary of State.

Section 21 Amendments to regulation 12

In regulation 12(1)—

(a) in the words before sub-paragraph (a), for “a waste management plan” substitute “amending or replacing the UK Plan”;

(b) in sub-paragraph (a), for “plan” substitute “proposals”.

Section 22 Amendments to regulation 13

(1) Regulation 13 is amended as follows.

(2) In paragraph (1), for “a waste management plan” substitute “amending or replacing the UK Plan”.

(3) In paragraph (2)—

(a) in the words before sub-paragraph (a), for “a waste management plan” substitute “amending or replacing the UK Plan”;

(b) in sub-paragraph (c), for “adopted the waste management plan” substitute “amended or replaced the UK Plan”.

(4) In paragraph (3)(a), for “waste management plan” substitute “proposals”.

Section 23 Amendment to regulation 14

In regulation 14, in the words before paragraph (a), for “send a copy of the waste management plan” substitute “, on amending or replacing the UK Plan, send a copy of it”.

Section 24 Amendment to regulation 15

In regulation 15—

(a) in the words before paragraph (a), for “waste management plan” substitute “UK Plan”;

(b) in paragraph (a), for “that plan” substitute “the UK Plan”;

(c) in paragraph (b), for “that plan” substitute “the UK Plan”.

Section 25 Amendment to regulation 16

In regulation 16 (as it forms part of the law of each of England and Wales, Scotland and Northern Ireland) for “a waste management plan made under this Part” substitute “the UK Plan”.

Section 26 Amendment to Part 4 heading

In the heading of Part 4, for the words from “within” to the end substitute “between the United Kingdom and EU countries”.

Section 27 Amendments to regulation 19

In regulation 19(1)—

(a) after “originates in” insert “the United Kingdom or”;

(b) for “another member State” substitute “an EU country”;

(c) for “third country” substitute “non-EU country”.

Section 28 Amendments to regulation 20

In regulation 20(1)—

(a) after “originates in” insert “the United Kingdom or”;

(b) for “another member State” substitute “an EU country”;

(c) for “third country” substitute “non-EU country”.

Section 29 Amendment to Part 5 heading

In the heading of Part 5, for the words from “third countries” to the end substitute “non-EU countries”.

Section 30 Amendments to regulation 21

In regulation 21—

(a) in the heading, after “than to” insert “EU or”;

(b) for “third” substitute “non-EU”;

(c) after “circumstances, to” insert “EU or”.

Section 31 Amendment to regulation 23

In regulation 23—

(a) in the heading, after “recovery to” insert “non-EU,”;

(b) after “recovery in a” insert “non-EU”.

Section 32 Amendments to regulation 23A

In regulation 23A—

(a) in the heading, after “or IIIA to” insert “non-EU,”;

(b) in paragraph (2), after “being a” insert “non-EU”;

(c) in paragraph (3), after “any other” insert “non-EU”.

Section 33 Amendments to regulation 23B

In regulation 23B—

(a) in the heading, after “III etc. to” insert “non-EU,”;

(b) in paragraph (1)(a), after “in a” insert “non-EU”.

Section 34 Amendments to regulation 24

In regulation 24—

(a) in the heading, after “recovery to” insert “non-EU”;

(b) in paragraph (1), after “in any” insert “non-EU”.

Section 35 Amendments to regulation 27

In regulation 27—

(a) in the heading, after “from a” insert “non-EU”;

(b) in paragraph (1), after “from a” insert “non-EU”.

Section 36 Amendments to regulation 29

In regulation 29—

(a) in the heading, for “an” insert “a non-EU”;

(b) in paragraph (1), after “through a” insert “non-EU”;

(c) in paragraph (2), after “through, an” insert “EU or”.

Section 37 Amendments to regulation 30

In regulation 30—

(a) in the heading, after “from a” insert “non-EU,”;

(b) in paragraph (1)—

(i) in sub-paragraph (a), after “from a” insert “non-EU”;

(ii) in sub-paragraph (b), after “through a” insert “non-EU”;

(c) in paragraph (2), after “imports from a” insert “non-EU,”.

Section 38 Amendments to regulation 32

In regulation 32—

(a) in paragraph (1)(a), for “third” substitute “non-EU”;

(b) in paragraph (2), for “third” substitute “non-EU”.

Section 39 Amendments to regulation 33

In regulation 33—

(a) in the heading, after “recovery:” insert “non-EU,”;

(b) in paragraph (1)(a), after “for, a” insert “non-EU”.

Section 40 Amendments to regulation 34

In regulation 34—

(a) in the heading, after “recovery:” insert “EU”;

(b) in paragraph (1)(a), after “for, a” insert “EU”.

Section 41 Amendments to regulation 35

In regulation 35—

(a) in the heading—

(i) after “between” insert “EU or”;

(ii) after “countries and” insert “non-EU,”;

(b) for paragraph (1) substitute—

(1) This regulation applies to waste destined for recovery that—

(a) originates from a non-EU country to which the OECD Decision does not apply and is destined for an EU country or a country to which the OECD Decision applies; or

(b) originates from an EU country or a country to which the OECD Decision applies and is destined for a non-EU country to which the OECD Decision does not apply.

(c) in paragraph (2)—

(i) after “between” insert “EU or”;

(ii) after “Decision and” insert “non-EU,”.

Section 42 Omission of regulation 60

Omit regulation 60.

Section 43 Omission of Schedule 1

Omit Schedule 1.

Section 44 Amendment to Annex 20 to EEA Agreement

In Annex 20 to the agreement on the European Economic Area signed at Oporto on 2nd May 1992, together with the Protocol adjusting that Agreement signed at Brussels on 17th March 1993, so far as that Annex forms part of domestic law by virtue of section 3(2)(b) of the European (Withdrawal) Act 2018, in Chapter 5, omit points 32c and 32cb.

Section 45 Amendments to EU Waste Shipments Regulation

Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste is amended in accordance with regulations 46 to 109.

Section 46 Amendments to Article 1

(1) Article 1 is amended as follows.

(2) For paragraph 2 substitute—

(2) This Regulation shall apply to shipments of waste—

(a) exported from the United Kingdom to a third country, with or without transit through another third country (see Titles 2 and 4, read together);

(b) imported into the United Kingdom from a third country, with or without transit through another third country (see Titles 2 and 5, read together);

(c) from one third country to another with transit through the United Kingdom (see Titles 2 and 6, read together);

(d) from one place in the United Kingdom to another with transit through a third country (see Articles 31 and 32).

(3) In paragraph 3—

(a) in point (e)—

(i) for the words from “the waste” to “ Directive 2006/12/EC ” substitute “decommissioned explosives, waste waters or mining waste (see paragraph 6)”;

(ii) for “Community legislation” substitute “retained EU law”;

(b) in point (f), for “Community” substitute “United Kingdom”;

(c) in point (g)—

(i) in the first sentence omit “into the Community”;

(ii) for the second sentence substitute—

In such cases, the competent authority of destination and the competent authority of transit in the United Kingdom shall be informed in advance concerning the shipment and its destination;

(d) in point (h), for the words from “Directive” to the end substitute—

—

(i) Directive 2009/31/EC as amended from time to time; or

(ii) Chapter 3 of Part 1 of the Energy Act 2008 and any other legislation which, immediately before exit day, implemented Directive 2009/31/EC ;

(e) in point (i), for the words from “flying” to “under” substitute “falling within”.

(4) In paragraph 4, for “Community”, in both places it occurs, substitute “United Kingdom”.

(5) Omit paragraph 5.

(6) At the end insert—

(6) In paragraph 3(e), ‘decommissioned explosives, waste waters or mining waste’ means the waste referred to in paragraph 1(e) or 2(a) or (d) of Article 2 of Directive 2008/98/EC .

Section 47 Amendments to Article 2

(1) Article 2 is amended as follows.

(2) In point 1, for the words from “Article” to the end substitute “Article 3(1) of Directive 2008/98/EC ”.

(3) In point 2, for the words from “Article 1(4)” to the end substitute “Articles 3(2) and 7 of Directive 2008/98/EC ”.

(4) In point 4, for “in Article 1(1)(e) of Directive 2006/12/EC ” substitute “by Article 3(19) of Directive 2008/98/EC ”.

(5) In point 5, for “Annex IIA to Directive to 2006/12/EC ” substitute “Annex 1 to Directive 2008/98/EC ”.

(6) In point 6, for “in Article 1(1)(f) of Directive 2006/12/EC ” substitute “by Article 3(15) of Directive 2008/98/EC ”.

(7) In point 7, for “Annex IIB to Directive 2006/12/EC ” substitute “Annex 2 to Directive 2008/98/EC ”.

(8) In point 7a, omit “of the European Parliament and of the Council”.

(9) In point 9, for “Article 1(1)(b) of Directive 2006/12/EC ” substitute “Article 3(5) of Directive 2008/98/EC ”.

(10) In point 10, for “Article 1(1)(c) of Directive 2006/12/EC ” substitute “Article 3(6) of Directive 2008/98/EC ”.

(11) In point 11, for “Article 1(1)(g) of Directive 2006/12/EC ” substitute “Article 3(10) of Directive 2008/98/EC ”.

(12) In point 12, for “Article 12 of Directive 2006/12/EC ” substitute “Article 3(7) of Directive 2008/98/EC ”.

(13) In point 13, for “Article 12 of Directive 2006/12/EC ” substitute “Article 3(8) of Directive 2008/98/EC ”.

(14) In point 15—

(a) in point (a), in the words before point (i)—

(i) for “a Member State” substitute “the United Kingdom”;

(ii) for “that Member State” substitute “the United Kingdom”;

(b) in point (b), in the words before point (i), for the words from the beginning to “a Member State” substitute “in the case of import of waste into, or transit of waste through, the United Kingdom”.

(15) Omit points 18 to 21.

(16) For point 26 substitute—

(26) ‘overseas countries and territories’ means—

(a) Anguilla,

(b) Bermuda,

(c) British Antarctic Territory,

(d) British Indian Ocean Territory,

(e) Cayman Islands,

(f) Falkland Islands,

(g) Gibraltar,

(h) Montserrat,

(i) Pitcairn, Henderson, Ducie and Oeno Islands,

(j) St Helena, Ascension and Tristan da Cunha,

(k) South Georgia and the South Sandwich Islands,

(l) The Sovereign Base Areas of Akrotiri and Dhekelia,

(m) Turks and Caicos Islands,

(n) British Virgin Islands, and

(o) any overseas country or territory not mentioned above which is listed in Annex 2 to the Treaty on the Functioning of the European Union.

(17) In point 29, after “customs territory of the Community” insert “or into the territory of the EFTA countries”.

(18) In point 30, for “Community”, in both places it occurs, substitute “United Kingdom”.

(19) In point 31, for “Community”, in both places it occurs, substitute “United Kingdom”.

(20) In point 35(e), for “Community” substitute “retained EU law”.

Section 48 New Articles 2A to 2C

After Article 2 insert—

Meaning of “ Directive 2008/98/EC ”

(1) In this Regulation, “ Directive 2008/98/EC ” means (except in the expression “ Directive 2008/98/EC as amended from time to time”) Directive 2008/98/EC as amended by—

(a) Commission Regulation (EU) No 1357/2014 ;

(b) Commission Directive (EU) 2015/1127 ; and

(c) Council Regulation (EU) 2017/997 ,

and read in accordance with paragraphs 2 to 6.

(2) Article 2 of Directive 2008/98/EC is to be read as if—

(a) in paragraph 2—

(i) in the words before point (a), for “other Community legislation” there were substituted “retained EU law”;

(ii) for point (d), in relation to Scotland, there were substituted—

(d) extractive waste, which has the same meaning as in regulation 2(1) of the Management of Extractive Waste (Scotland) Regulations 2010 .

(iii) for point (d), in relation to Northern Ireland, there were substituted—

(d) extractive waste, which has the same meaning as in regulation 2(2) of the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015 .

(b) after paragraph 2 there were inserted—

2A. In paragraph 2(d), as it relates to England and Wales, “ Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries ” means Directive 2006/21/EC read as if—

(a) in Article 2 of Directive 2006/21/EC —

(i) in paragraph 2(c), “Article 11(3)(j) of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy ” had the meaning given in paragraph 2B;

(ii) paragraphs 3 and 4 were omitted;

(b) in Article 3(1) of Directive 2006/21/EC , for “Article 1(a) of Directive 75/442/EC ” there were substituted “Article 3(1) of Directive 2008/98/EC ”.

2B. For the purposes of paragraph 2A(a)(i), “Article 11(3)(j) of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy” means Article 11(3)(j) of Directive 2000/60/EC read as if—

(a) the reference to “Member States” were a reference to—

(i) in relation to England, the Secretary of State or the Environment Agency;

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

(iii) in relation to Scotland, the Scottish Ministers or the Scottish Environment Protection Agency;

(iv) in relation to Wales, the Welsh Ministers or the Natural Resources Body for Wales;

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

(i) in relation to the Northumbria River Basin District, means the objectives referred to in the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017) as applied by regulation 5 of the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003 ( S.I. 2003/3245 ) ;

(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 Water Environment (Water Framework Directive) (England and Wales) Regulations 2017, has the same meaning as in those regulations.

(3) Article 5 of Directive 2008/98/EC is to be read as if paragraph 2 were omitted.

(4) Article 6 of Directive 2008/98/EC is to be read as if—

(a) paragraphs 1 to 3 were omitted;

(b) in paragraph 4—

(i) in the first sentence, for the words from the beginning to “Member States” there were substituted “Except where Council Regulation (EU) No 333/2011, Commission Regulation (EU) No 1179/2012 or Commission Regulation (EU) No 715/2013 applies, the competent authority of destination and dispatch determined in accordance with regulation 6 of the Transfrontier Shipment of Waste Regulations 2007”;

(ii) the second sentence were omitted.

(5) Article 7 of Directive 2008/98/EC is to be read as if—

(a) in paragraph 1—

(i) the first and second sentences were omitted;

(ii) in the third sentence, for “shall be binding” there were substituted “shall, subject to paragraph 1A, be binding”;

(b) after paragraph 1, there were inserted—

(1A) Paragraph 1 is subject to—

(a) a determination by the Secretary of State under regulation 8(1) of the Hazardous Waste (England and Wales) Regulations 2005 , or by the Welsh Ministers under regulation 8(1) of the Hazardous Waste (Wales) Regulations 2005 , or by the Department of Agriculture, Environment and Rural Affairs under regulation 9(1) of the Hazardous Waste Regulations (Northern Ireland) 2005 , that a specific batch of waste is to be treated as hazardous waste;

(b) a decision made by the Secretary of State under regulation 9(1) of the Hazardous Waste (England and Wales) Regulations 2005, or by the Welsh Ministers under regulation 9(1) of the Hazardous Waste (Wales) Regulations 2005, or by the Department of Agriculture, Environment and Rural Affairs under regulation 10(1) of the Hazardous Waste Regulations (Northern Ireland) 2005, that a specific batch of waste is to be treated as non-hazardous waste;

(c) the treating of a specific batch of waste as hazardous or, as the case may be, non-hazardous, in accordance with regulations 8(2) or 9(2) of the Hazardous Waste (England and Wales) Regulations 2005, regulations 8(2) or 9(2) of the Hazardous Waste (Wales) Regulations 2005 or regulations 9(2) or 10(2) of the Hazardous Waste Regulations (Northern Ireland) 2005;

(d) regulations (if any) made by the Secretary of State under section 62A(1) of the Environmental Protection Act 1990 or by the Welsh Ministers under section 62A(2) of that Act (lists of waste displaying hazardous properties);

(e) a determination by the Scottish Ministers that a specific batch or type of waste—

(i) is to be treated as hazardous waste because the Scottish Ministers consider that the waste displays one or more of the hazardous properties listed in Annex 3;

(ii) is to be treated as non-hazardous waste because the Scottish Ministers consider that the waste displays none of the hazardous properties listed in Annex 3.

(c) paragraphs 2, 3 and 5 were omitted;

(d) after paragraph 6, there were inserted—

(6A) In this Article, the “list of waste” means the list established by Commission Decision 2000/532/EC .

(e) paragraph 7 were omitted.

(6) Annex 3 to Directive 2008/98/EC is to be read as if—

(a) in the entry for HP 9, in the second sentence, “in the Member States” were omitted;

(b) in the entry for HP 15, in the sentence immediately after Table 9, for “Member States” there were substituted “the competent authority of destination and dispatch determined in accordance with regulation 6 of the Transfrontier Shipment of Waste Regulations 2007 ”.

References to EU country, non-EU country, EFTA country and third country

In this Regulation—

(a) a reference to an EU country is a reference to a country which is a member State on exit day;

(b) a reference to a non-EU country is a reference to a country other than the United Kingdom which is not a member State on exit day;

(c) a reference to an EFTA country is a reference to a non-EU country which is a party to the EEA agreement on exit day;

(d) a reference to a third country is a reference to a country other than the United Kingdom.

References to competent authority

(1) In this Regulation, a reference to the ‘competent authority’—

(a) in relation to the United Kingdom, is to be read in accordance with paragraphs 3 and 4;

(b) in relation to an EU country, is a reference to the body designated by that country in accordance with Article 53 of Regulation (EC) No. 1013/2006 as it has effect in EU law as amended from time to time; or

(c) in relation to a non-EU country that is a Party to the Basel Convention, is a reference to the body designated by that country as the competent authority in accordance with Article 5 of the Convention; or

(d) in relation to any country not referred to in points (a) to (c), is a reference to the body that has been designated as the competent authority by the country or region concerned or, in the absence of such designation, the regulatory authority for the country or region, as appropriate, which has jurisdiction over shipments of waste for recovery or disposal or transit (as the case may be).

(2) In this Regulation—

(a) ‘competent authority of dispatch’ means the competent authority for the area from which the shipment is planned to be initiated or is initiated;

(b) ‘competent authority of destination’ means the competent authority for the area to which the shipment is planned or takes place, or in which waste is loaded prior to recovery or disposal in an area not under the national jurisdiction of any country;

(c) ‘competent authority of transit’ means the competent authority for any country, other than that of the competent authority of dispatch or destination, through which the shipment is planned or takes place.

(3) The competent authority of dispatch, or the competent authority of destination, in the United Kingdom is—

(a) where the area concerned is in England or the English area, the Environment Agency;

(b) where the area concerned is in Wales or the Welsh area, the Natural Resources Body for Wales;

(c) where the area concerned is in Scotland or the Scottish area, the Scottish Environment Protection Agency;

(d) where the area concerned is in Northern Ireland or the Northern Irish area, the Department of Agriculture, Environment and Rural Affairs,

and “English area”, “Welsh area”, “Scottish area” and “Northern Irish area” have the meanings given by regulation 4(1) of the Transfrontier Shipment of Waste Regulations 2007.

(4) The competent authority of transit in the United Kingdom is the Environment Agency.

Section 49 Amendment to Title 2 heading

In the Title 2 heading omit “WITHIN THE COMMUNITY”.

Section 50 Amendment to Article 3

In Article 3(3), for “91/689/EEC” substitute “2008/98/EC ”.