[^F1Article A1

1.A term which is used in this Decision—

(a)as it extends to Scotland and which is defined in regulation 2(1) of the Management of Extractive Waste (Scotland) Regulations 2010 has the meaning given in that regulation;

(b)as it extends to Northern Ireland and which is defined in regulation 2(2) of the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015 has the meaning given in that regulation.

2.For the purposes of this Decision, Directive 2006/21/EC of the European Parliament and the Council concerning the management of waste from extractive industries is to be read as if, in Article 3—

(a) in point (1), for “Article 1(a) of Directive 75/442/EEC ” there were substituted “ Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive ” ;

(b) in point (2), for “Article 1(4) of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste” there were substituted “ Article 3(2) of the Waste Framework Directive ” ;

(c) in point (4), for the words from “the national law” to the end there were substituted “ national law ” ;

(d) in point (24), for the words from “the national law” to “takes place” there were substituted “ national law ” .

3. In paragraph 2, the “ Waste Framework Directive ” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Directive (EU) 2018/851 , and read in accordance with paragraphs 4 to 8.

4.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 appropriate authority, appropriate agency or local authority which, immediately before IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion in respect of England or Wales.

5. 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 appropriate agency for the purposes of this Article.

(c)paragraphs 2 and 3 were omitted.

6.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 [^F2 assimilated direct^F2] 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 appropriate agency 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 appropriate agency”;

(bb)the second sentence were omitted;

(ii)in the second subparagraph—

(aa) for “Member States” there were substituted “The appropriate agency”;

(bb) “by competent authorities” were omitted.

7.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.

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

9.In this Article—

(a) “ appropriate authority ” means—

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

(ii)in relation to Wales, the Welsh Ministers;

(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.

10. In this Decision, “ appropriate agency ” means—

(a)in relation to England, the Environment Agency;

(b)in relation to Wales, the Natural Resources Body for Wales;

(c)in relation to Scotland—

(i)a planning authority, or

(ii)a National Park authority within the meaning of section 35(1) of the National Parks (Scotland) Act 2000 (as the case may be);

(d)in relation to Northern Ireland—

(i)a district council established under section 1 of the Local Government Act (Northern Ireland) 1972, or

(ii)the Department for Infrastructure (as the case may be).^F1]

Article 1 Waste characterisation

1.[^F3 The appropriate agency^F3] shall ensure that the waste characterisation to be carried out by operators in the extractive industries complies with this Decision.

2.Waste characterisation shall cover the following categories of information as specified in the Annex:

(a)background information;

(b)geological background of deposit to be exploited;

(c)nature of the waste and its intended handling;

(d)geotechnical behaviour of the waste;

(e)geochemical characteristics and behaviour of the waste.

3. The criteria for defining inert waste laid down in Decision 2009/359/EC shall be taken into account for the purpose of assessing the geochemical behaviour of waste. Where, on the basis of those criteria, waste is considered to be ‘inert’, it shall be only subject to the relevant part of geochemical testing referred to in point 5 of the Annex.

Article 2 Collection and evaluation of information

1.Information and data necessary for the waste characterisation shall be collected in the order set out in paragraphs 2 to 5.

2.^F4Existing investigations and studies, including existing permits, geological surveys, similar sites, lists of inert waste, appropriate certification schemes, ... or national standards for similar material, which satisfy the technical requirements set out in the Annex shall be used.

3.The quality and representativity of all information shall be evaluated and possible missing information shall be identified.

4.Where information necessary for the characterisation of the waste is missing, a sampling plan shall be drawn up in accordance with standard EN 14899 and samples shall be taken in accordance with that sampling plan. Sampling plans shall be based on identified information as necessary, including:

(a)purpose of data collection,

(b)testing programme and sampling requirements,

(c)sampling situations, including sampling from drill-cores, excavation face, conveyor belt, heap, pond, or other relevant situation,

(d)procedures and recommendations for sample numbers, size, mass, description and handling.

The reliability and quality of the sampling results shall be evaluated.

5.The results of the characterisation process shall be evaluated. Where necessary, additional information shall be collected following the same methodology. The final result shall feed into the waste management plan.

^F5Article 3

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ANNEX TECHNICAL REQUIREMENTS FOR WASTE CHARACTERISATION

1. Background information

Review and understanding of the general background and objectives of the extractive operation.

Collection of general information about:

• prospecting, extraction, or processing activity,

• type and description of method of extraction and process applied,

• nature of the intended product.

2. Geological background of deposit to be exploited

Identification of the waste units to be exposed by extraction and processing by providing relevant information on:

• nature of surrounding rocks, their chemistry and mineralogy, including hydrothermal alteration of mineralised rocks and barren rocks,

• nature of deposit, including mineralised rocks or rock-bearing mineralisation,

• mineralisation typology, their chemistry and mineralogy, including physical properties such as density, porosity, particle size distribution, water content, covering worked minerals, gangue minerals, hydrothermal newly-formed minerals,

• size and geometry of deposit,

• weathering and supergene alteration from the chemical and mineralogical point of view.

3. The waste and its intended handling

Description of the nature of all the wastes occurring in each prospecting, extraction and processing operation, including overburden, waste rock and tailings, by providing information on the following elements:

• origin of the waste in the extraction site and the process generating that waste such as prospecting, extraction, milling, concentration,

• quantity of the waste,

• description of the waste transport system,

• description of the chemical substances to be used during treatment,

• classification of the waste according to Commission decision 2000/532/EC(4), including hazardous properties,

• type of intended waste facility, final form of exposure of the waste and method of deposition of the waste into the facility.

4. Geotechnical behaviour of waste

Identification of the suitable parameters for assessing the intrinsic physical characteristics of the waste taking into account the type of waste facility.

Relevant parameters to be considered are: granulometry, plasticity, density and water content, degree of compaction, shear strength and angle of friction, permeability and void ratio, compressibility and consolidation.

5. Geochemical characteristics and behaviour of the waste

Specification of the chemical and mineralogical characteristics of the waste, and of any additives or residuals remaining in the waste.

Prediction of drainage chemistry over time for each type of waste, taking into account its intended handling, in particular:

• evaluation of metals, oxyanion and salt leachability over time by pH dependence leaching test, and/or percolation test and/or time-dependent release and/or other suitable testing,

• for sulphide-containing waste, static or kinetic tests shall be carried out in order to determine acid-rock drainage and metal leaching over time.