Statutory Instruments
2016 No. 738
Environmental Protection
The Waste (Meaning of Recovery) (Miscellaneous Amendments) Regulations 2016
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 ).
Citation, commencement, extent and application I1
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.
Amendment of the Environmental Protection Act 1990I2
2. In section 33(13) of the Environmental Protection Act 1990( 4 ), for “Annex I or II of 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( Directive 2008/98/EC 5 )”.
Amendment of the Marine and Coastal Access Act 2009I3
3. In section 75(5) of the Marine and Coastal Access Act 2009( 6 ), for “ 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”. Directive 2008/98/EC
Amendment of the End-of-Life Vehicles Regulations 2003I4
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 ” .
Amendment of the End-of-Life Vehicles (Producer Responsibility) Regulations 2005I5
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 ” .
Amendment of the Hazardous Waste (England and Wales) Regulations 2005I6
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; ” .
Amendment of the Producer Responsibility Obligations (Packaging Waste) Regulations 2007I7
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; ” .
Amendment of the Environmental Permitting (England and Wales) Regulations 2010I8
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; ” .
Amendment of the Marine Licensing (Exempted Activities) Order 2011I9
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 ” .
Amendment of the Waste (England and Wales) Regulations 2011I10
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; ” .
Amendment of the Climate Change Agreements (Eligible Facilities) Regulations 2012I11
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; ” .
Amendment of the Waste and Emissions Trading Act 2003 (Amendment etc. ) Regulations 2013 I12
12. In regulation 4(10)(d) of the Waste and Emissions Trading Act 2003 (Amendment etc.) Regulations 2013( 15 ), for “ on waste” substitute “ Directive 2008/98/EC of the European Parliament and of the Council on waste”. Directive 2008/98/EC
Amendment of the Waste Electrical and Electronic Equipment Regulations 2013I13
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
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.