The Environmental Permitting (England and Wales) Regulations 2016

[F1Modification of the End-of-Life Vehicles DirectiveE+W

This section has no associated Explanatory Memorandum

4.—(1) For the purposes of these Regulations, the End-of-Life Vehicles Directive is to be read in accordance with this paragraph.

(2) When interpreting the End-of-Life Vehicles 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;

(b)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 so far as it related to England or Wales.

(3) Article 2 is to be read as if—

(a)for paragraph 1 there were substituted—

“1.  ‘vehicle’ means any motor vehicle;

1A.  ‘waste’ means waste within the meaning of Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive;”;

(b)in paragraph 2, “within the meaning of Article 1(a) of Directive 75/442/EEC” were omitted;

(c)paragraphs 8, 9 and 11 were omitted.

(4) Article 4(2) is to be read as if points (b) and (c) were omitted.

(5) Article 6 is to be read as if—

(a) in paragraph 1, for “Directive 2008/98/EC of the European Parliament and of the Council” there were substituted “the Waste Framework Directive”;

(b)in paragraph 3, in the words before point (a), for “establishment or undertaking” there were substituted “ operator ”.

(6)  In Annex 2, in the table, in table foot note (2a), for the words from “Directive 2006/95/EC ” to the end there were substituted “the second subparagraph of Article 1 of Directive 2014/35/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits ,and for these purposes Annex 2 to Directive 2014/35/EU is to be read as if for “Member States participate” there were substituted “ United Kingdom participates ””.

(7) In sub-paragraph (2)(b), “local authority” means—

(a)in England outside Greater London—

(i)a district council,

(ii)a county council, or

(iii)the Council of the Isles of Scilly;

(b)in Greater London—

(i)the council of a London borough,

(ii)the Common Council of the City of London,

(iii)the Sub-Treasurer of the Inner Temple, or

(iv)the Under-Treasurer of the Middle Temple;

(c)in Wales—

(i)a county council, or

(ii)a county borough council.]

Textual Amendments