The Waste (Circular Economy) (Amendment) Regulations 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement for England and Wales, and partially implement for Scotland and Northern Ireland, 6 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 L 150, 14.6.2018, p. 100), Directive (EU) 2018/851 (OJ No L 150, 14.6.2018, p. 109), Directive (EU) 2018/852 (OJ No L 150, 14.6.2018, p. 141), Commission Delegated Directive (EU) 2020/362 (OJ No L 67, 5.3.2020, p. 116) and Commission Delegated Directive (EU) 2020/363 (OJ L No 67, 5.3.2020, p. 119) (“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 L 365, 31.12.1994, p. 10), Council Directive 1999/31/EC on the landfill of waste (OJ No L 182, 16.7.1999, p. 1), Directive 2000/53/EC of the European Parliament and of the Council on end-of life vehicles (OJ No L 269, 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 L 266, 26.9.2006, p. 1), Directive 2008/98/EC of the European Parliament and of the Council on waste (OJ No L 312, 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 L 197, 24.7.2012, p. 38) (“the relevant Directives”).

Part 2 of these Regulations amends primary legislation to update references to the Waste Framework Directive in the Town and Country Planning Act 1990, the Environmental Protection Act 1990, the Environment Act 1995, the Waste and Emissions Trading Act 2003 and the Marine and Coastal Access Act 2009. It also amends the Waste and Emissions Trading Act 2003 in relation to definitions in Article 3 of the Waste Framework Directive.

Part 3 of these Regulations amends subordinate legislation. Regulation 9 amends the Hazardous Waste (England and Wales) Regulations, as amended, which implement hazardous waste requirements in the Waste Framework Directive in England. Regulation 15 amends the Waste (England and Wales) Regulations 2011, as amended, which partially implement the Waste Framework Directive in England and Wales. Regulation 19 amends the Packaging (Essential Requirements) Regulations 2015, as amended, which partially implement Directive 94/62/EC in the UK.

Regulation 21 amends the Environmental Permitting (England and Wales) Regulations 2016 (“the 2016 Regulations”), as amended, which partially implement the relevant Directives in England and Wales. Paragraphs (2) to (6) amend the 2016 Regulations to implement the amending Directives. Paragraph (7) amends the 2016 Regulations to implement obligations relating to the management of waste from extractive industries in England and Wales in Commission Implementing Decision (EU) 2020/248 laying down technical guidelines for inspections in accordance with Article 17 of Directive 2006/21/EC (OJ L No 51, 25.2.2020, p. 4).

The remaining provisions of Part 3 update references to the relevant Directives in subordinate legislation relating to packaging waste, end-of-life vehicles, waste batteries and accumulators and waste electrical and electronic equipment and also updates references to the Waste Framework Directive in relation to the definition of waste in other subordinate legislation.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.