COMMISSION DECISION
of 3 April 2008
on the rules of England, Wales, Northern Ireland and Scotland concerning permit exemptions for undertakings and establishments recovering hazardous waste under Article 3 of Council Directive 91/689/EEC
(notified under document number C(2008) 1212)
(Only the English text is authentic)
(Text with EEA relevance)
(2008/350/EC)
1. NATIONAL PROVISIONS NOTIFIED
2. ASSESSMENT
3. CONCLUSION
Article 1
Article 2
ANNEX
Rules notified by the United Kingdom and considered by the Commission compliant with Article 3(2) to (4) of Directive 91/689/EEC in conjunction with Article 11(1) (b) of Directive 2006/12/EC
1. The waste management exemptions (amendment and related provisions) (England and Wales) Regulations 2006
Provision |
Type of waste, including code |
Type of activity(1) |
Limit values |
Other requirements (not exclusive listing) |
Paragraph 17(1) |
14 06 01*(2) |
Storage |
Maximum quantity stored at one time: 18 tonnes Maximum duration of storage: 6 months |
The storage must be on an impermeable surface, and in sealed leak proof containers. When stored on the premises, the waste is kept separately. |
14 06 02*, 14 06 03*, 20 01 13* |
Storage |
Maximum quantity stored at one time: 5 cubic metres Maximum duration of storage: 6 months |
||
20 01 27* (Paints (excluding specialist and industrial paints, wood preservatives, aerosol and spray paints, inks, adhesives and resins) pending re-use as paint). |
Storage |
Maximum quantity stored at one time: 10 000 litres. Maximum duration of storage: 6 months |
||
17 02 04* (Wood including telegraph poles and railway sleepers) |
Storage |
Maximum quantity stored at one time: 100 tonnes Maximum duration of storage: 1 year |
The storage must be on an impermeable surface. When stored on the premises, the waste is kept separately. |
|
Paragraph 18(1) |
13 01 09* to 13 07 01* except 13 03 01* to 13 03 10* and 13 05 01* to 13 05 08* |
Storage |
Maximum storage capacity of the container: 3 cubic metres, no more than 20 containers on those premises Maximum duration of storage: 1 year |
The waste is stored in secure containers at a distance of not less than 10 metres from any inland or coastal waters or less than 50 metres from any well, borehole or similar work sunk into underground strata for the purpose of any water supply. When stored on the premises, the waste is kept separately. |
20 01 33* (Sorted or unsorted separate collections of batteries, batteries containing hazardous batteries) |
Storage |
Maximum storage capacity of the container: 400 cubic metres Maximum duration of storage: 1 year |
When stored in secure containers on the premises, the waste is kept separately. |
|
Paragraph 38 |
Samples of waste (including samples of hazardous waste) which are to be subjected to testing and analysis |
Storage |
Maximum storage limit: 10 tonnes |
|
Paragraph 39(1) |
Medicines included in 18 01 08* and 20 01 31* and hypodermic syringes included in 18 01 03* |
Storage at a pharmacy (returned by households and individuals) |
Maximum quantity stored at one time: 5 cubic metres Maximum duration of storage: 6 months |
These wastes are stored in secure containers separately. |
Paragraph 39(2) |
Hypodermic syringes and sharps included in 18 01 03* and 18 02 02* General healthcare waste (other than hypodermic syringes and sharps) included in 18 01 03* and 18 02 02 Medicines included in 18 01 08*, 18 02 07* and 20 01 31* |
Storage at the premises of a medical, nursing or veterinary practice produced in carrying out that practice |
Maximum quantity stored at one time: 5 cubic metres. Maximum duration of storage: 3 months |
The waste is stored in secure containers |
Paragraph 43(1) and (3) |
Waste gas discharge lamps including fluorescent tubes (within code 20 01 21*) |
Crushing for the purposes of volume reduction prior to collection |
Maximum quantity of lamps processed in any period of 24 hours: 3 tonnes. Maximum mercury concentration in emissions: 50 μg/cubic metres. |
Crushing operation is carried out in equipment designed for the purpose of the volume reduction prior to collection. The crushing operation is carried out solely for that purpose. |
Paragraph 43(2) and (4) |
Waste gas discharge lamps including fluorescent tubes within code 20 01 21* |
Storage prior to crushing or storage after crushing but prior to collection. |
Mercury concentration in emissions ≤ 50 μg/m3 |
The storage of the lamps prior to crushing is under weather proof covering in compliance with paragraph 1 of Annex III to Directive 2002/96/EC on Waste Electrical and Electronic Equipment (WEEE).(3) The storage after the crushing is in a secure container. |
Paragraph 45(1) |
Lead acid motor vehicle batteries included in 16 06 01* whether or not forming part of, or contained in, a motor vehicle |
Sorting |
Maximum limit: 20 tonnes/7 days |
The waste is stored at any secure place designed or adapted for the recovery of scrap metal or the dismantling of waste motor vehicles; every part of that place upon which the activity is carried out is surfaced with an impermeable pavement provided with a sealed drainage system and the plant or equipment used in carrying on the activity is maintained in reasonable working order. |
Paragraph 45(2) |
Lead acid motor vehicle batteries included in 16 06 01* whether or not forming part of, or contained in, a motor vehicle |
Storage |
40 tonnes/12 months |
The waste is stored separately or is kept in separate containers at any secure place. Any container in which it is stored, is stored on an impermeable pavement which is provided with a sealed drainage system. In a case where a consignment consisting of more than one kind of waste is delivered to that place it may be stored unseparated at that place pending sorting for a period not exceeding 2 months. The height of any pile or stack of waste does not exceed 5 metres. |
Paragraph 49 |
16 02 11*, 20 01 23* |
Treatment (repair and/or refurbishment) and storage where the activity is carried on of any such WEEE intended to be submitted to repair or refurbishment or both |
Storage limits: 80 cubic metres Treatment limits: 5 tonnes/day Maximum duration of storage: 12 months |
The waste is stored and treated in a manner that will prevent the release of the CFCs, HCFCs or HFCs |
16 02 13*, 20 01 35* |
Treatment (repair and/or refurbishment) and storage where the activity is carried on of any such WEEE intended to be submitted to repair or refurbishment or both |
Storage limit: 80 cubic metres Treatment limits: 5 tonnes/day Maximum duration of storage: 12 months |
|
|
Paragraph 50 |
16 02 11*, 20 01 23* |
Storage |
Storage limit: 80 cubic metres. Maximum duration of storage: 3 months |
The storage has to be on an impermeable surface within a secure container or a secure place. A weatherproof covering shall be used. This waste should be stored in a manner that will prevent the release of the CFC, HCFC and HFC; the number of units in any stack shall not exceed 2; the overall height of any stack shall not exceed 3,5 metres. |
16 02 13*, 20 01 35* |
Storage |
Storage limit: 80 cubic metres. Maximum duration of storage: 3 months |
The storage has to be on an impermeable surface within a secure container or a secure place. A weatherproof covering shall be used. |
|
20 01 21* |
Storage |
Storage limit: 50 cubic metres. Maximum duration of storage: 3 months |
The storage has to be in appropriate leak proof containers at any secure place; a weatherproof covering shall be used. This kind of waste shall be stored in such a way that the glass is not broken. |
2. The waste management licensing amendment (Scotland) Regulations 2006
Provision |
Type of waste, including code |
Type of activity |
Limit values |
Other requirements |
Paragraph 3(a) (ii) |
13 01 09* to 13 01 13*, 13 02 04* to 13 02 08*, 13 03 06* to 13 03 10*, 13 04 01* to 13 04 03*, 13 07 01* to 13 07 03* |
Burning as a fuel |
|
Authorisation granted under part I of the 1990 Act or a permit granted under the 2000 Regulations and compliance with the Waste Incineration (Scotland) Regulations 2003 is required |
Paragraph 3(c) |
13 01 09* to 13 01 13*, 13 02 04* to 13 02 08*, 13 03 06* to 13 03 10*, 13 04 01* to 13 04 03*, 13 07 01* to 13 07 03* |
Storage (at the place where it is produced) |
Storage limit: 23 000 litres Maximum duration of storage: 12 months |
|
Paragraph 6(1) |
13 01 09* to 13 01 13*, 13 02 04* to 13 02 08*, 13 03 06* to 13 03 10*, 13 04 01* to 13 04 03*, 13 07 01* to 13 07 03* |
Burning as a fuel in an engine of an aircraft, hovercraft, mechanically propelled vehicle, railway locomotive, ship or other vessel |
The total amount burned of such waste does not exceed 2 500 litre/hour in any one engine |
|
6(2) |
13 01 09* to 13 01 13*, 13 02 04* to 13 02 08*, 13 03 06* to 13 03 10*, 13 04 01* to 13 04 03*, 13 07 01* to 13 07 03* |
Storage of waste oil intended to be burned according to paragraph 6(1) |
23 000 litres |
|
Paragraph 17(1) |
Solvents within codes 14 06 02*, 14 06 03* and 20 01 13*, batteries within Code 20 01 33* |
Storage |
Maximum total quantity: 5 cubic metres Maximum duration of storage: 12 months |
When stored, the waste is kept separately in a secure place on any premises. |
Refrigerants and halons within code 14 06 01* (chlorofluorocarbons, HCFC and HFC) |
Storage |
Maximum total quantity: 18 tonnes Maximum duration of storage: 12 months |
||
Paragraph 18(2)(a) |
Batteries within code 20 01 33* |
Storage |
The storage capacity of the container(s) used for its storage does not exceed 400 cubic metres in total. No more than 20 containers are stored on those premises. Maximum duration of storage: 12 months |
Provision is made to prevent oil escaping into the ground or a drain. When stored, the waste is kept separately. |
Paragraph 18(2)(b) |
13 01 09* to 13 01 13*, 13 02 04* to 13 02 08*, 13 03 06* to 13 03 10*, 13 04 01* to 13 04 03*, 13 07 01* to 13 07 03* |
Storage |
The storage capacity of any container(s) used for its storage does not exceed 3 cubic metres in total. No more than 20 containers are stored on those premises. Maximum duration of storage: 12 months |
Provision is made to prevent oil escaping into the ground or a drain. When stored, the waste is kept separately. |
Paragraph 28 |
18 01 03*, 18 01 06*, 18 01 08*, 18 01 10* |
Use of autoclaves to sterilise waste at the place where the waste is produced |
Maximum autoclave capacity: 3 cubic metres, maximum waste quantity sterilised at any one place in any one calendar month: 100 tonnes |
The autoclaves are accredited by the Medicine and Healthcare Products Regulatory Agency |
Paragraph 36(1) and (2) |
Waste other than tank washings: 15 02 02*, 16 02 09* to 16 02 13*, 16 02 15*, 16 04 03*, 16 05 04*, 16 06 01* to 16 06 03*, 16 06 06*, 18 01 03*, 18 01 06*, 18 01 08*, 20 01 13*, 20 01 21*, 20 01 23*, 20 01 26*, 20 01 27*, 20 01 29*, 20 01 31*, 20 01 33*, 20 01 35*, 20 01 37* |
Storage at waste reception facilities provided within a harbour area, where such storage is incidental to the collection or transport of the waste |
Maximum storage capacity at one time: 20 cubic metres/ship Maximum duration of storage: 7 days |
|
Paragraph 36(1) and (3) |
Tank washings: 13 01 09* to 13 01 13*, 13 02 04* to 13 02 08*, 13 03 06* to 13 03 10*, 13 04 01* to 13 04 03*, 13 07 01* to 13 07 03*, 13 08 01*, 13 08 02*, 13 08 99*, 16 07 08*, 16 07 09*, 16 10 01* and 16 10 03* |
Storage at waste reception facilities provided within a harbour area, where such storage is incidental to the collection or transport of the waste |
The amount of tank washings consisting of dirty ballast does not exceed 30 % of the total deadweight of the ships. The amount of tank washings consisting of waste mixtures containing oil does not exceed 1 % of the total deadweight of the ships. |
|
Paragraph 38 |
Samples of hazardous waste (including the temporary storage of WEEE pending its recovery) which are being or are to be subjected to testing and analysis |
The storage at any place where they are being or are to be tested or analysed |
Maximum storage limit: 10 tonnes |
|
Paragraph 39(1) |
16 02 09*, 16 02 10*, 16 02 11*, 16 02 12*, 16 02 13*, 16 02 15*, 16 06 01*, 16 06 02*, 16 06 03*, 18 01 03*, 18 01 08*, 18 02 02*, 18 02 07*, 20 01 31*, 20 01 33*, 20 01 35* |
The storage at a pharmacy or at the premises of a medical, nursing or veterinary practice or any other authorised needle exchange, which have been returned to those places from residential or nursing homes, households or by individuals. |
Maximum storage capacity: 10 cubic metres Maximum amount returned/24 hrs: 5 kg/5 l Maximum duration of storage: 3 months |
|
Paragraph 39(2) |
16 02 09*, 16 02 10*, 16 02 11*, 16 02 12*, 16 02 13*, 16 02 15*, 16 06 01*, 16 06 02*, 16 06 03*, 18 01 03*, 18 01 08*, 18 02 02*, 18 02 07*, 20 01 31*, 20 01 33*, 20 01 35 |
The storage at the premises of a medical, nursing or veterinary practice of the wastes produced in carrying on that practice |
Maximum storage capacity: 10 cubic metres Maximum duration of storage: 3 months |
|
Paragraph 43(1) and (3) |
Waste gas discharge lamps including fluorescent tubes (within code 20 01 21*) |
Crushing for the purposes of volume reduction prior to collection |
Maximum quantity of lamps processed in any period of 24 hours: 3 tonnes Maximum mercury concentration in emissions: 50 μg/cubic metres |
Crushing operation is carried out in equipment designed for the purpose of the volume reduction prior to collection. The crushing operation is carried out solely for that purpose. |
Paragraph 43(2) and (3) |
Waste gas discharge lamps including fluorescent tubes within code 20 01 21* |
Storage prior to crushing or storage after crushing but prior to collection |
Mercury concentration in emissions ≤ 50 μg/m3 |
The storage of the lamps prior to crushing is under weather proof covering in compliance with paragraph 1 of Annex III to Directive 2002/96/EC on Waste Electrical and Electronic Equipment (WEEE)(4). The storage after the crushing is in a secure container. |
Paragraph 45(1) |
Lead acid motor vehicles batteries (within category 16 06 01* of the European Waste Catalogue) not forming part of, nor contained in, a motor vehicle |
Sorting |
Maximum capacity: 20 tonnes/7 days. |
The place is surfaced with an impermeable pavement provided with a sealed drainage system. The plant or equipment used in carrying on the activity is maintained in reasonable working order. |
Paragraph 45(2) |
Lead acid motor vehicles batteries (within category 16 06 01* of the European Waste Catalogue) not forming part of, nor contained in, a motor vehicle |
The storage at any place designed or adapted for the recovery of scrap metal or the dismantling of waste motor vehicles |
Maximum storage capacity: 40 tonnes Maximum duration of storage: 12 months The height of any pile or stack of waste does not exceed 5 metres |
The waste is stored in secure containers, where appropriate, on an impermeable pavement provided with a sealed drainage system. |
Paragraph 47(2) |
16 02 11* and 20 01 23* |
Treatment (repair and/or refurbishment) and incidental storage |
Storage limit (either awaiting repair or refurbishment or stored following such treatment): 80 cubic metres Treatment limits: 5 tonnes/day. Maximum duration of storage: 12 months |
The activity is carried on primarily with a view to the reuse of the WEEE for its original purpose, at any secure place. The waste is stored in such a manner that the environmentally sound reuse or recycling of the waste is not hindered. Best available treatment, recovery and recycling techniques are used when carrying out the activity. The waste is stored in a manner that will prevent the release of the CFCs, HCFCs or HFCs. |
16 02 13* and 20 01 35* |
Treatment (repair and/or refurbishment) and incidental storage |
Storage limit (either awaiting repair or refurbishment or stored following such treatment): 80 cubic metres Treatment limits: 5 tonnes/day. Maximum duration of storage: 12 months |
The activity is carried on primarily with a view to the reuse of the WEEE for its original purpose, at any secure place. The waste is stored in such a manner that the environmentally sound reuse or recycling of the waste is not hindered. Best available treatment, recovery and recycling techniques are used when carrying out the activity. |
|
Paragraph 48(2) |
16 02 11*, 20 01 23* |
Storage |
Storage limit: 80 cubic metres Maximum duration of storage: 3 months. Overall height of any stack shall not exceed 2 units or 3,5 m, whichever is the lower |
The waste is stored in a manner that will prevent the release of the CFC, HCFC and HFC on an impermeable surface within a secure store. The waste is stored in such a manner that the environmentally sound reuse or recycling of the waste is not hindered. The weatherproof covering of stored WEEE is required. |
16 02 13* and 20 01 35* |
Storage |
Storage limit: 80 cubic metres Maximum duration of storage: 3 months |
The WEEE is stored on an impermeable surface within a secure store. The weatherproof covering of stored WEEE is required. The waste is stored in such a manner that the environmentally sound reuse or recycling of the waste is not hindered. |
|
20 01 21* |
Storage |
Maximum quantity: 50 cubic metres Maximum duration: 3 months |
The waste is stored at any secure place in such a way that the glass is not broken. The waste is stored in such a manner that the environmentally sound reuse or recycling of the waste is not hindered |
3. Proposed exemptions for operations involving WEEE to be added to schedule 2 of the waste management licensing regulations (Northern Ireland) 2003
Provision |
Type of waste, including code |
Type of activity(5) |
Limit values |
Other requirements (not exclusive listing) |
Paragraph 49 |
16 02 11*, 20 01 23* |
Treatment (repair and/or refurbishment), but not including the degassing and capture of ozone depleting substances, and storage where the activity is carried on of any such WEEE intended to be submitted to repair or refurbishment or both |
Storage limits: 80 cubic metres Treatment limits: 5 tonnes/day Maximum duration of storage: 12 months |
The waste is stored and treated in a manner that will prevent the release of the CFCs, HCFCs or HFCs |
16 02 13*, 20 01 35* |
Treatment (repair and/or refurbishment), but not including the degassing and capture of ozone depleting substances, and storage where the activity is carried on of any such WEEE intended to be submitted to repair or refurbishment or both |
Storage limit: 80 cubic metres Treatment limits: 5 tonnes/day Maximum duration of storage: 12 months |
|
|
Paragraph 50 |
16 02 11*, 20 01 23* |
Storage |
Storage limit: 80 cubic metres Maximum duration of storage: 3 months |
The storage has to be on an impermeable surface. A weatherproof covering shall be used. This waste should be stored in a manner that will prevent the release of the CFC, HCFC and HFC; the number of units in any stack shall not exceed 2; the overall height of any stack shall not exceed 3,5 metres. |
16 02 13*, 20 01 35* |
Storage |
Storage limit: 80 cubic metres. Maximum duration of storage: 3 months |
The storage has to be on an impermeable surface. A weatherproof covering shall be used. |
|
20 01 21* |
Storage |
Storage limit: 50 cubic metres. Maximum duration of storage: 3 months |
The storage has to be in appropriate secure containers. A weatherproof covering shall be used. This kind of waste shall be stored in such a way that the glass is not broken. |
|
Paragraph 51 |
20 01 21* |
Crushing for the purpose of volume reduction prior to collection |
Total quantity of lamps processed in any period of 24 hours: Maximal 3 tonnes Mercury concentration in emissions ≤ 50 μg/m3 |
Crushing operation is carried out in equipment designed for the purpose of the volume reduction prior to collection. The crushing operation is carried out solely for that purpose The lamps are stored under waterproof covering. After crushing the lamps are stored in a secure container. |