Exiting The European Union PART 1 Introduction Citation and commencement 1 1 These Regulations may be cited as the Management of Extractive Waste (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019. 2 These Regulations come into force on 30 October 2019, apart from Part 3 which comes into force on exit day. PART 2 Amendments to Out of Date References in Subordinate Legislation Amendment of the Management of Extractive Waste (Scotland) Regulations 2010 2 The Management of Extractive Waste (Scotland) Regulations 2010 are amended in accordance with regulations 3 to 6. 3 In regulation 2(1) (interpretation)— a in the definition of “Category A waste facility”— i for “Directive 96/82/EC ” to “dangerous substances” substitute “ Directive 2012/18/EU ” , and ii for paragraph (c) substitute— c which contains substances or mixtures classified as hazardous under Regulation (EC) No 1272/2008 above a certain threshold; , b for the definition of “dangerous substance” substitute— “ dangerous substance ” means a substance or mixture which is hazardous within the meaning of Regulation (EC) No 1272/2008 , c omit the definition of “Directive 67/548/EEC ”, d omit the definition of “Directive 76/464/EEC ”, e omit the definition of “Directive 80/68/EEC ”, f omit the definition of “Directive 1999/45/EC ” g after the definition of “Directive 2008/98/EC ”, insert— “ Directive 2012/18/EU ” means Directive 2012/18/EU of the European Parliament and of the Council on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC ; , and h after the definition of “receiving body of water” insert— “ Regulation (EC) No 1272/2008 ” means Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC , and amending Regulation (EC) No 1907/2006 ; . 4 In regulation 22(1)(c) (construction and management: duties of operator), for “Directives 76/464/EEC , 80/68/EEC and 2000/60/EC ” substitute “ Directive 2000/60/EC ” . 5 In regulation 23 (prevention of water status deterioration, air and soil pollution)— a in paragraph (2) for “Directives 76/464/EEC , 80/68/EEC and 2000/60/EC ” substitute “ Directive 2000/60/EC ” , and b in paragraph (3) for “Directives 76/464/EEC , 80/68/EEC and 2000/60/EC ” substitute “ Directive 2000/60/EC ” . 6 In regulation 27 (after-closure procedures: duties of operator) for “Directives 76/464/EEC , 80/68/EEC and 2000/60/EC ” substitute “ Directive 2000/60/EC ” . PART 3 Other Amendments to Subordinate Legislation (EU Exit) Amendment of the Management of Extractive Waste (Scotland) Regulations 2010 7 The Management of Extractive Waste (Scotland) Regulations 2010 are amended in accordance with regulations 8 to 18. 8 1 In regulation 2 (interpretation)— 2 in paragraph (1)— a before the definition of “the 1997 Act”, insert— “ the 1996 Regulations ” means the Special Waste Regulations 1996 , , b for the definition of “best available techniques” substitute— “best available techniques” is as defined in Article 2(2) as read with Article 2(3) of Decision 2012/134/EU establishing the best available techniques (BAT) conclusions under Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions for the manufacture of glass , , c in the definition of “Directive 2000/60/EC ”, at the end insert “ , as it had effect immediately before IP completion day ” , d in the definition of “Directive 2008/98/EC ”, at the end insert “ , as it had effect immediately before IP completion day ” , e in the definition of “Directive 2012/18/EU”, at the end insert “ , as it had effect immediately before IP completion day ” , f after the definition of “Directive 2012/18/EU”, insert— “European Waste Catalogue” is as defined in regulation 1(4) of the 1996 Regulations; g in the definition of “Regulation (EC) No 1272/2008 ”, at the end insert “ , as it had effect immediately before IP completion day ” , and h in the definition of “unpolluted soil”, before “EU” insert “ retained ” . 3 In paragraph (2)— a omit “and in Directive 2006/21/EC on the management of waste from extractive industries”, b for “that Directive” substitute “ Directive 2006/21/EC on the management of waste from extractive industries as it had effect immediately before IP completion day ” . 9 In regulation 5(3)(b) (transitional provisions), for “or EU legislation” substitute “ legislation or retained direct EU legislation ” . 10 In regulation 11(1)(j) (waste management plan) for “Directive 2000/60/EC ” substitute “ the Water Environment and Water Services (Scotland) Act 2003 and the Water Environment (River Basin Management Planning: Further Provision) (Scotland) Regulations 2013 ” . 11 In regulation 12 (consultations before consideration of applications)— a in paragraph (2) for “or EU legislation” substitute “ legislation or retained direct EU legislation ” , b in paragraph (3) for “another” substitute “ a ” , and c in paragraph (4) for “another” substitute “ a ” . 12 In regulation 13 (decision by planning authority)— a in paragraph (1) for “or EU legislation” substitute “ legislation or retained direct EU legislation ” , and b in paragraph (5) for “or EU legislation” substitute “ legislation or retained direct EU legislation ” . 13 In regulation 14(b) (mandatory conditions: general) for “and EU legislation” substitute “ legislation or retained direct EU legislation ” . 14 In regulation 21 (co-operation with other member states)— a in the heading omit “other”, and b in paragraph (1) for “another” substitute “ a ” . 15 In regulation 22(1)(c) (construction and management: duties of operator) omit “EU or”. 16 In regulation 23 (prevention of water status deterioration, air and soil pollution) for paragraph (4)(b) substitute— b compliance with retained direct EU legislation. . 17 In schedule 1 (waste management plan: objectives) for “at Community level” in each place where it appears substitute “ in retained direct EU legislation ” . 18 In schedule 2 (waste characterisation) for paragraph (b) substitute— b a description of the waste using— i the classification of waste according to the European Waste Catalogue with particular regard to its hazardous characteristics; ii a reference to the notice published or provided by the Scottish Ministers in relation to a determination made by them under regulation 2ZA, 2ZB or 2ZC of the 1996 Regulations; iii evidence that in relation to Wales, England or Northern Ireland the waste is for the time being subject to a determination, made in a manner prescribed in regulation 2ZB(3) of the 1996 Regulations, that it is hazardous; iv evidence that in relation to Wales, England or Northern Ireland the waste is for the time being subject to a determination, made in a manner prescribed in section 2ZC(4) of the 1996 Regulations, that it is non-hazardous; . KEVIN STEWART Authorised to sign by the Scottish Ministers St Andrew's House, Edinburgh