Environmental Protection Citation, commencement and application 1 1 These Regulations may be cited as the Hazardous Waste (Miscellaneous Amendments) Regulations 2015 and come into force on 1st July 2015. 2 Regulations 7 to 9 and 11 apply to England only. Amendment of the Environmental Protection Act 1990 2 In section 62A of the Environmental Protection Act 1990 (lists of waste displaying hazardous properties)— a in each of subsections (1)(b) and (2)(b), for “Directive 2008/98/ EC ” , substitute “Directive 2008/98/EC ”; b in subsection (3), for “Commission Decision 2000/532/EC ” , substitute “Commission Decision 2000/532/EC , as amended from time to time”. Amendment of the Hazardous Waste (England and Wales) Regulations 2005 3 1 The Hazardous Waste (England and Wales) Regulations 2005 are amended as follows. 2 For paragraph (1)(a) of regulation 2 (the Waste Directive and the meaning of waste), substitute— a “ the Waste Directive ” means Directive 2008/98/EC of the European Parliament and of the Council on waste; . 3 In paragraph (a) of regulation 3 (Annex III to the Waste Directive), omit “, as that Annex is set out in Schedule 3”. 4 For paragraph (1) of regulation 4 (the List of Wastes), substitute— 1 In these Regulations, “ the List of Wastes ” means the list of wastes established by Commission Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/ EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste, as amended from time to time. . 5 In paragraph (2) of regulation 8 (specific waste to be treated as hazardous), for “Article 3 of the List of Wastes Decision”, substitute “ Article 7(2) of the Waste Directive ” . 6 In paragraph (2) of regulation 9 (specific waste to be treated as non-hazardous), for “Article 3 of the List of Wastes Decision”, substitute “ Article 7(3) of the Waste Directive ” . 7 Omit Schedule 3 (Annex III to the Waste Directive). 8 For Schedule 8 (form of consignee's return to producer or holder), substitute the text at Schedule 1 (new Schedule 8). Amendment of the Batteries and Accumulators (Placing on the Market) Regulations 2008 4 For the definition of “appliance” in paragraph (1) of regulation 2 of the Batteries and Accumulators (Placing on the Market) Regulations 2008 (interpretation), substitute— “ appliance ” means any electrical or electronic equipment, as defined by Directive 2012/19/ EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE) , which is fully or partly powered by batteries or accumulators or is capable of being so; . Amendment of the Cremation (England and Wales) Regulations 2008 5 In regulation 29 of the Cremation (England and Wales) Regulations 2008 (incineration of body parts)— a in paragraph (1), for “listed in code 18 01 02 or 18 01 03 of Schedule 1 to the List of Wastes Regulations”, substitute “ falling within the description of code 18 01 02 or 18 01 03 in the List of Wastes ” ; b in paragraph (2), for the definition of “List of Wastes Regulations”, substitute— “ List of Wastes ” means the list of wastes established by Commission Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste, as amended from time to time; . Amendment of the Waste Batteries and Accumulators Regulations 2009 6 For the definition of “appliance” in paragraph (1) of regulation 2 of the Waste Batteries and Accumulators Regulations 2009 (interpretation), substitute— “ appliance ” means any electrical or electronic equipment, as defined by Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE), which is fully or partly powered by batteries or is capable of being so; . Amendment of the Environmental Permitting (England and Wales) Regulations 2010 7 1 The Environmental Permitting (England and Wales) Regulations 2010 are amended as follows. 2 In regulation 3 (interpretation: Directives)— a 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; ; b for the definition of “the WEEE Directive”, substitute— “ the WEEE Directive ” means Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE). . 3 In Part 1 of Schedule 3 (exempt facilities: descriptions and conditions)— a in paragraph 1 of chapter 1— i in sub-paragraph (1), at the appropriate place insert— “ List of Wastes ” means the list of wastes established by Commission Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste, as amended from time to time; ; ii for sub-paragraph (2), substitute— 2 In this Part, a six digit code used to refer to a waste is a reference to the waste specified by the six digit code in the List of Wastes except insofar as the waste in this Part in relation to such a code does not include some of the types of waste specified by the code in the List ; b in section 2 of chapter 3— i in paragraph 1— aa in sub-paragraph (3)(e), for “dangerous substance”, substitute “ hazardous substance ” ; bb for sub-paragraph (5), substitute— 5 In this paragraph, “ hazardous substance ” means a substance classified as hazardous as a consequence of fulfilling the criteria laid down in Parts 2 to 5 of Annex I to Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures . ; ii in the second column of the row beginning “160504*” in the table at sub-paragraph (2) of paragraph 15, for “dangerous substances”, substitute “ hazardous substances ” ; c in section 2 of chapter 5, in the second column of the row beginning “150202*” in the table at sub-paragraph (2) of paragraph 1, for “dangerous substances”, substitute “ hazardous substances ” . 4 In Schedule 12 (waste electrical and electronic equipment)— a in sub-paragraph (1) of paragraph 2, for “Article 3(b)”, substitute “ Article 3(1)(e) ” ; b in paragraph 3— i in sub-paragraph (1), for “Article 6(1) first paragraph and Article 6(3) and (4)”, substitute “ Articles 8(1) to (3) and 9(3) ” ; ii for sub-paragraph (2), substitute— 2 But when interpreting the WEEE Directive for the purposes of this paragraph, ignore the following words in Article 9(3)— a “or the registration referred to in paragraphs 1 and 2”; and b “and for the achievement of the recovery targets set out in Article 11”. . Amendment of the Waste (England and Wales) Regulations 2011 8 1 The Waste (England and Wales) Regulations 2011 are amended as follows. 2 In paragraph (1) of regulation 3 (interpretation), at the appropriate place insert— “ the List of Wastes ” means the list of wastes established by Commission Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste, as amended from time to time; . 3 In paragraph (2)(a) of regulation 35 (waste information), omit “(England) Regulations 2005 or, as the case may be, the List of Wastes (Wales) Regulations 2005”. 4 For sub-paragraph (3)(b) of paragraph 11 of Schedule 1 (waste prevention programmes and waste management plans), substitute— b naturally occurring material falling within the description of code 17 05 04 in the List of Wastes. . Amendment of the Controlled Waste (England and Wales) Regulations 2012 9 In paragraph 1 of Schedule 1 to the Controlled Waste (England and Wales) Regulations 2012 (household, industrial and commercial waste), for paragraph (c) of the definition of “offensive waste”, substitute— c falls within the description of code 18 01 04, 18 02 03 or 20 01 99 in the list of wastes established by Commission Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste, as amended from time to time; . Revocations 10 The following Regulations are revoked— a the List of Wastes (England) Regulations 2005 ; b the List of Wastes (England) (Amendment) Regulations 2005 . Transitional provisions 11 Schedule 2 (modifications to permits etc. ) has effect. Rory Stewart Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs