The Waste (Circular Economy) (Amendment) Regulations (Northern Ireland) 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations transpose the EU Circular Economy Package for Northern Ireland. The EU Circular Economy Package consists of four amending EU Directives in the field of waste, namely Directive (EU) 2018/849 (OJ No L 150, 14.6.2018, p. 93), Directive (EU) 2018/850 (OJ No L150, 14.6.2018, p. 100), Directive (EU) 2018/851 (OJ No L150, 14.6.2018, p. 109), Directive (EU) 2018/852 (OJ No L150, 14.6.2018, p. 141) (“the amending Directives”).

The amending Directives amend 6 EU Directives; European Parliament and Council Directive 94/62/EC on packaging and packaging waste (OJ No L365, 31.12.1994, p. 10), Council Directive 1999/31/EC on the landfill of waste (OJ No L182, 16.7.1999, p. 1) (“the Landfill Directive”), Directive 2000/53/EC of the European Parliament and of the Council on end-of life vehicles (OJ No L269, 21.10.2000, p. 34), Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators (OJ No L266, 26.9.2006, p. 1), Directive 2008/98/EC of the European Parliament and of the Council on waste (OJ No L312, 22.11.2008, p. 3) (“the Waste Framework Directive”) and Directive 2012/19/EC of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE) (OJ No L197, 24.7.2012, p. 38) (“the relevant Directives”).

Part 2 of these Regulations amends primary legislation, the Waste and Contaminated Land (Northern Ireland) Order 1997, to update references to the Waste Framework Directive, and reflect definitions from Article 3 of the Waste Framework Directive. It also replaces Schedule 3 to that Order with a new Schedule, to update the requirements in terms of the content and objectives of waste management plans in order to take account of amendments made to the Waste Framework Directive.

Part 3 of these Regulations amends subordinate legislation. Regulation 4 amends the Waste Management Licensing Regulations (Northern Ireland) 2003, as amended, which deal with applications for waste management licences. Regulation 5 amends the Landfill Regulations (Northern Ireland) 2003, as amended, which partially implement the Landfill Directive in Northern Ireland. Regulation 7 amends the Hazardous Waste Regulations (Northern Ireland) 2005, as amended, which implement hazardous waste requirements in the Waste Framework Directive in Northern Ireland. Regulation 10 amends the Waste Regulations (Northern Ireland) 2011, as amended, which partially implement the Waste Framework Directive in Northern Ireland and regulation 14 contains transitional provision in relation to some of those amendments. Regulation 11 amends the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013, as amended, to update requirements around waste incineration.

The remainder of the Regulations update references to the relevant Directives in the Landfill Allowances Scheme Regulations (Northern Ireland) 2004, the Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007, the Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009, the Marine Licensing (Exempted Activities) Order (Northern Ireland) 2011 and the Controlled Waste and Duty of Care Regulations (Northern Ireland) 2013.

An impact assessment has been produced for this Statutory Rule. Copies can be obtained from Environmental Policy Division, Klondyke Building, Cromac Avenue, Gasworks Business Park, Belfast, BT7 2JA or by emailing [e-mail].