Textual Amendments
F1Sch. 1A inserted (31.12.2020) by The Environmental Permitting (England and Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/39), reg. 1, Sch. (as amended by S.I. 2019/559, regs. 1(2), 3(3); S.I. 2019/1078, regs. 1, 3; S.I. 2020/1376, regs. 1(4), 4(2); S.I. 2020/1540, regs. 1(3), 10, 13(2)); 2020 c. 1, Sch. 5 para. 1(1)
1.—(1) For the purposes of these Regulations, the Asbestos Directive is to be read in accordance with this paragraph.
(2) When interpreting the Asbestos Directive for the purposes of these Regulations—
(a)an expression used in the Directive that is defined in Part 1 of these Regulations has the meaning given in that Part, except for “waste” which has the meaning given in Article 2(5) of the Asbestos Directive read in accordance with sub-paragraph (3);
(b)the competent authority is the regulator;
(c)a reference to Member States is to be read as a reference to the regulator.
(3) Article 2(5) is to be read as if for “Article 1 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 ”.
(4) Article 3 is to be read as if paragraph 2 were omitted.
(5) Article 5 is to be read as if, in the first paragraph, in point (a), in the first subparagraph, in the second indent, for “competent authorities of the Member States” there were substituted “ regulator ”.
(6) Article 6 is to be read as if—
(a)after paragraph 1 there were inserted—
“1A. In paragraph 1, “regular intervals” means, for the purposes of a regulated facility to which Article 4 applies, intervals of not more than 6 months.”;
(b)paragraph 3 were omitted.
(7) Article 8 is to be read as if, in the words before the first indent, the words from “Without” to “Accession,” were omitted.
(8) The Annex is to be read as if, in Part B—
(a)in Chapter 1, in paragraph 1, in the second subparagraph—
(i)in the third sentence, for “controlling authority” there were substituted “ regulator ”;
(ii)in the fourth sentence, for “a Member State” there were substituted “ the regulator ”;
(b)in Chapter 2—
(i)in the first paragraph, “subject to the provisions of Article 6(3) of the Directive,” were omitted;
(ii)in the second paragraph, for the words from “using” to the end there were substituted “ in accordance with Article 7(6) of Directive 2009/148/EC of the European Parliament and of the Council on the protection of workers from the risks related to exposure to asbestos at work ”;
(iii)in the third paragraph—
(aa)in point 1, for “controlling authority” there were substituted “ regulator ”;
(bb)in point 8, for the words from “conform” to the end there were substituted “ be conducted in accordance with Article 7(6) of Directive 2009/148/EC ”.]