Regulation (EU) 2019/1021 of the European Parliament and of the CouncilShow full title

Article 7 U.K. Waste management

1. Producers and holders of waste shall undertake all reasonable efforts to avoid, where feasible, contamination of this waste with substances listed in Annex IV.

2. Notwithstanding [F1 the PCB Regulations], waste consisting of, containing or contaminated by any substance listed in Annex IV to this Regulation shall be disposed of or recovered, without undue delay and in accordance with Part 1 of Annex V to this Regulation, in such a way as to ensure that the POP content is destroyed or irreversibly transformed so that the remaining waste and releases do not exhibit the characteristics of POPs.

In carrying out such a disposal or recovery, any substance listed in Annex IV may be isolated from the waste, provided that this substance is subsequently disposed of in accordance with the first subparagraph.

3. Disposal or recovery operations that may lead to recovery, recycling, reclamation or re-use on their own of the substances listed in Annex IV shall be prohibited.

4. By way of derogation from paragraph 2:

(a) waste containing or contaminated by any substance listed in Annex IV may be otherwise disposed of or recovered in accordance with the relevant [F2 retained EU law], provided that the content of the listed substances in the waste is below the concentration limits specified in Annex IV;

(b) [F3 a competent authority] may, in exceptional cases, allow wastes listed in Part 2 of Annex V containing or contaminated by a substance listed in Annex IV up to concentration limits specified in Part 2 of Annex V to be otherwise dealt with in accordance with a method listed in Part 2 of Annex V, provided that the following conditions are fulfilled:

(i)

the holder concerned has demonstrated to the satisfaction of the competent authority F4 ... that decontamination of the waste in relation to substances listed in Annex IV was not feasible, and that destruction or irreversible transformation of the POP content, performed in accordance with best environmental practice or best available techniques, does not represent the environmentally preferable option and the competent authority has subsequently authorised the alternative operation;

(ii)

the holder concerned has provided information on the POP content of the waste to the competent authority;

(iii)

the operation is in accordance with relevant [F5 retained EU law] and with the conditions laid down in relevant additional measures referred to in paragraph 5;

(iv)

[F6 the competent authority has informed the Secretary of State, the Welsh Ministers and the Scottish Ministers of its authorisation and the reasons for it.]

[F7 5. The appropriate authority may by regulations specify the format of the information to be submitted by the competent authority in accordance with paragraph 4(b)(iv), (v) or (vi) (as the case may be).

6. The appropriate authority may by regulations amend Annex 4 or 5 for the purposes set out in Article 15(2).

Before making regulations under this paragraph, the appropriate authority shall take into consideration any relevant technical developments or international guidelines or decisions and any relevant authorisations granted by the competent authority.

7. The appropriate authority shall take the necessary measures to ensure the control and traceability of waste containing or contaminated by a substance listed in Annex 4 to this Regulation (“relevant waste”); and the appropriate authority may by regulations make such provision as the appropriate authority considers appropriate for that purpose.

8. In paragraph 7, the reference to measures to ensure the control and traceability of relevant waste is a reference to measures—

(a) to ensure that the production, collection, transportation, storage and treatment of relevant waste are carried out under conditions providing protection for the environment and human health;

(b) to ensure the traceability and control of relevant waste from its production to its final destination in accordance with paragraph 10; and

(c) to prohibit the abandonment, dumping or uncontrolled management of relevant waste.

9. In paragraph 8(a), the reference to conditions providing protection for the environment and human health is a reference to ensuring that waste management is carried out without endangering human health, without harming the environment and, in particular—

(a) without risk to water, air, soil, plants or animals;

(b) without causing a nuisance through noise or odours; and

(c) without adversely affecting the countryside or places of special interest.

10. Measures are in accordance with this paragraph if they ensure that establishments and undertakings within the scope of the Permitting Regulations, producers of relevant waste, and the establishments and undertakings which collect or transport relevant waste on a professional basis, or act as dealers and brokers of relevant waste—

(a) keep a chronological record of—

(i) the quantity, nature and origin of that waste and the quantity of products and materials resulting from preparing that waste for re-use, recycling or other recovery operation; and

(ii) where relevant, the destination, frequency of collection, mode of transport and treatment method foreseen in respect of the waste;

(b) make that data available, on request, to the competent authority through any electronic registry established for the reporting of the data or, if no such registry is in operation, in such form and manner as the regulator may specify;

(c) keep the records for at least three years, except in the case of establishments and undertakings transporting relevant waste which shall keep such records for at least 12 months;

(d) where relevant, supply documentary evidence that the activity in question has been carried out at the request of the competent authority or of a previous holder.

11. Regulations under paragraph 7 may create criminal offences.

12. Regulations may provide for an offence under the regulations to be triable—

(a) only summarily; or

(b) either summarily or on indictment.

13. But regulations under paragraph 7 may not create an offence for which an individual who has reached the age of 18 (or, in relation to Scotland, 21) is capable of being sentenced to imprisonment for a term of more than 2 years (ignoring any enactment prohibiting or restricting the imprisonment of individuals who have no previous convictions).

14. No regulations may be made under paragraph 7 on or after 31st October 2023.

15. In this Article—

(a) “broker” means broker as defined in point 8 of Article 3 of Directive 2008/98/EC;

(b) “collection” means collection as defined in point 10 of Article 3 of Directive 2008/98/EC;

(c) “dealer” means dealer as defined in point 7 of Article 3 of Directive 2008/98/EC;

(d) “establishment” has the same meaning as in Article 23(1) of Directive 2008/98/EC;

(e) “treatment” means treatment as defined in point 14 of Article 3 of Directive 2008/98/EC;

(f) “undertaking” has the same meaning as in Article 23(1) of Directive 2008/98/EC;

(g) “waste management” means waste management as defined in point 9 of Article 3 of Directive 2008/98/EC.]

Textual Amendments

F1 Words in Art. 7(2) substituted (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 14(2)

F2 Words in Art. 7(4)(a) substituted (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 14(3)(a)

F3 Words in Art. 7(4)(b) substituted (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 14(3)(b)(i)

F4 Words in Art. 7(4)(b)(i) omitted (31.12.2020) by virtue of The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 14(3)(b)(ii)

F5 Words in Art. 7(4)(b)(iii) substituted (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 14(3)(b)(iii)

F6 Art. 7(4)(b)(iv) substituted (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 14(3)(b)(iv)

F7 Art. 7(5)-(15) substituted for Art. 7(5)(6) (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 14(4)