COMMENTED by
The List of Wastes (Wales) Regulations 2005 (Note)
The List of Wastes (Wales) Regulations 2005 (Note)

The List of Wastes (Wales) Regulations 2005

STATUTORY INSTRUMENTS

2005 No. 1820 (W.148)

ENVIRONMENTAL PROTECTION, WALES

The List of Wastes (Wales) Regulations 2005

Made 5 July 2005

Coming into force 16 July 2005

The National Assembly for Wales, being designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to measures relating to the prevention, reduction and elimination of pollution caused by waste, in exercise of the powers conferred on it by section 2(2) of that Act, makes the following Regulations:

Title, commencement and application

1. -(1) The title of these Regulations is the List of Wastes (Wales) Regulations 2005 and they come into force on 16 July 2005.

(2) These Regulations apply in relation to Wales.

Interpretation

2. -(1) In these Regulations -

(a) "the Waste Directive" ("y Gyfarwyddeb Gwastraff") means Council Directive 75/442/EEC[3] on waste as amended by-

(i) Council Directives 91/156/EEC[4] and 91/692/EEC[5];

(ii) Commission Decision 96/350/EC[6]; and

(iii) Regulation (EC) No 1882/2003[7];

(b) "Directive 67/548/EEC" ("Cyfarwyddeb 67/548/EEC") (the Dangerous Substances Directive, which is referred to in the Introduction to the List) means Directive 67/548/EEC[8] on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances as last amended by Commission Directive 2004/73/EC[9]; and

(c) "the Hazardous Waste Directive" ("y Gyfarwyddeb Gwastraff Peryglus") means Council Directive 91/689/EEC[10] of 31 December 1991 on hazardous waste, as amended by Council Directive 94/31/EC[11], and a reference to-

(i) an annex of the Hazardous Waste Directive is a reference to that annex as it is for the time being set out in the relevant schedule to the Hazardous Waste Regulations; and

(ii) hazardous properties is a reference to the properties in Annex III as so set out.

(2) In these Regulations-

(a) "the List of Wastes Decision" ("Penderfyniad y Rhestr Wastraffoedd") means Commission Decision 2000/532/EC[12] of 3 May 2000 replacing Decision 94/3/EC[13] establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC[14] establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste, as amended by-

(i) Commission Decision 2001/118/EC[15];

(ii) Commission Decision 2001/119/EC[16]; and

(iii) Council Decision 2001/573/EC[17]);

(b) "the List of Wastes" ("y Rhestr Wastraffoedd") means the List of wastes set out in the Annex to the List of Wastes Decision, being a list drawn up-

(i) in relation to wastes belonging to the categories listed in Annex I (Categories of Waste) of the Waste Framework Directive, by the Commission, acting in accordance with the procedure laid down in Article 18 of that Directive;

(ii) in relation to hazardous waste, in accordance with the procedure laid down in Article 18 of the Waste Framework Directive on the basis of-

(aa) Annex I (Categories or generic types of hazardous waste listed according to their nature or the activity which generated them) to the Hazardous Waste Directive; and

(bb) Annex II (Constituents of the wastes in Annex 1.B. which render them hazardous when they have the properties described in Annex III) to the Hazardous Waste Directive, and a reference to the List of Wastes includes a reference to the Introduction thereto ("the Introduction to the List").

(3) In these Regulations-

(a) "the Hazardous Waste Regulations" ("y Rheoliadau Gwastraff Peryglus") means the Hazardous Waste (Wales) Regulations 2005[18]...

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