The Waste and Agriculture (Legislative Functions) Regulations 2022

Power to prescribe end-of-waste status criteria

16.—(1) The appropriate authority may, by regulations, make provision prescribing detailed criteria on the uniform application of the end-of-waste conditions to specific types of waste.

(2) In paragraph (1), “the end-of-waste conditions” means the conditions set out in paragraph (3) which must be met if waste which has undergone a recycling or other recovery operation is to be considered to have ceased to be waste.

(3) The conditions are—

(a) the substance or object is to be used for specific purposes,

(b) a market or demand exists for such a substance or object,

(c) the substance or object fulfils the technical requirements for the specific purposes and meets the existing legislation and standards applicable to products, and

(d) the use of the substance or object will not lead to overall adverse environmental or human health impacts.

(4) In exercising the power in paragraph (1), the appropriate authority must—

(a) ensure a high level of protection of the environment and human health and facilitate the prudent and rational utilisation of natural resources, and

(b) include provision in relation to—

(i) permissible waste input material for the recovery operation,

(ii) permissible treatment processes and techniques,

(iii) quality criteria for end-of-waste materials resulting from the recovery operation in line with the applicable product standards, including limit values for pollutants where necessary,

(iv) requirements for management systems to demonstrate compliance with the end-of-waste conditions, including criteria for quality control and self-monitoring, and accreditation, where appropriate, and

(v) a requirement for a statement of conformity.

(5) The provision which may be made under paragraph (1) includes modifying—

(a) Council Regulation (EU) No 333/2011 establishing criteria determining when certain types of scrap metal cease to be waste under Directive 2008/98/EC of the European Parliament and of the Council(1);

(b) Commission Regulation (EU) No 1179/2012 establishing criteria determining when glass cullet ceases to be waste under Directive 2008/98/EC of the European Parliament and of the Council(2);

(c) Commission Regulation (EU) No 715/2013 establishing criteria determining when copper scrap ceases to be waste under Directive 2008/98/EC of the European Parliament and of the Council(3).

(6) Regulations under paragraph (1) may modify any subordinate legislation.

(7) In this regulation, “recovery”, “recycling” and “treatment” have the meanings given by Article 3 of the Waste Framework Directive.

(1)

EUR 333/2011, as amended by S.I. 2019/620, 2020/1540.

(2)

EUR 1179/2012, as amended by S.I. 2019/620, 2020/1540.

(3)

EUR 715/2013, as amended by S.I. 2019/620, 2020/1540.