2020 No. 1179 (W. 265)

Environmental Protection, Wales

The Waste (Wales) (Miscellaneous Amendments) Regulations 2020

Made27 October 2020

Laid before Senedd Cymru28 October 2020

Coming into force19 November 2020

The Welsh Ministers are designated1 for the purposes of section 2(2) of the European Communities Act 19722 (“the ECA 1972”) in relation to measures relating to the prevention, reduction and elimination of pollution caused by waste3 and the prevention, reduction and management of waste4.

The Welsh Ministers, in exercise of the powers conferred by section 2(2) of the ECA 1972, make the following Regulations.

Title and commencement1

1

The title of these Regulations is the Waste (Wales) (Miscellaneous Amendments) Regulations 2020.

2

These Regulations come into force on 19 November 2020.

Amendment of the Waste (Wales) Measure 20102

1

The Waste (Wales) Measure 20105 is amended as follows.

2

In section 9(3), for “Council Directive 2011/97/EU” substitute “Directive (EU) 2018/850”.

3

In section 17(2), for “Council Regulation (EU) 2017/997” substitute “Directive (EU) 2018/851”.

Amendment of the Landfill Allowances Scheme (Wales) Regulations 20043

1

The Landfill Allowances Scheme (Wales) Regulations 20046 are amended as follows.

2

In regulation 2(1), in the definition of “waste facility” for “Council Regulation (EU) 2017/997” substitute “Directive (EU) 2018/851”.

3

In regulation 7(10), for “Council Regulation 2011/97/EU” substitute “Directive (EU) 2018/850”.

Amendment of the Hazardous Waste (Wales) Regulations 20054

1

The Hazardous Waste (Wales) Regulations 20057 are amended as follows.

2

In regulation 2(1)(a), for “Council Regulation (EU) 2017/997” substitute “Directive (EU) 2018/851”.

3

In regulation 5(2), in the definition of “management”, after “recovery” insert “(including sorting)”.

4

For regulation 19(4) substitute—

4
Paragraph (1) applies to the mixing of waste oil only where such mixing would impede regeneration or another recycling operation delivering an equivalent or a better overall outcome than regeneration.
5
In paragraph (4)—
“recycling” means any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original or other purposes, including the reprocessing of organic material but not including energy recovery or reprocessing into materials that are to be used as fuels;
“regeneration” means any recycling operation whereby base oils can be produced by refining waste oils, in particular by removing the contaminants, the oxidation products and the additives contained in such oils.

5

In regulation 20—

a

in paragraph (1)—

i

for “This regulation” substitute “Paragraph (2)”;

ii

in sub-paragraph (b)(i), omit “and economically”;

b

after paragraph (2) insert—

2A
Where separation is not required pursuant to paragraph (2), the holder must make arrangements for mixed hazardous waste to be treated at a facility authorised by a waste permit to treat that waste.

6

In regulation 47(5B)—

a

for “Council Directive 2011/97/EU” substitute “Directive (EU) 2018/850”;

b

at the end insert “or (3)”.

7

In regulation 48(6B)—

a

“for Council Directive 2011/97/EU” substitute “Directive (EU) 2018/850”;

b

at the end insert “or (3)”.

Amendment of the Recycling, Preparation for Re-use and Composting Targets (Monitoring and Penalties) (Wales) Regulations 20115

1

The Recycling, Preparation for Re-use and Composting Targets (Monitoring and Penalties) (Wales) Regulations 20118 are amended as follows.

2

In regulation 2(1), in the definition of “Waste Framework Directive”, for “Council Regulation (EU) 2017/997” substitute “Directive (EU) 2018/851”.

Amendment of the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 20176

1

The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 20179 are amended as follows.

2

In Schedule 1—

a

in paragraph 9, for “Council Regulation (EU) 2017/997” substitute “Directive (EU) 2018/851”;

b

in paragraph 10, for “Council Regulation (EU) 2017/997” substitute “Directive (EU) 2018/851”.

Lesley GriffithsMinister for Environment, Energy and Rural Affairs, one of the Welsh Ministers27 October 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend certain Welsh primary and secondary legislation by bringing up to date references in the legislation to two EU Directives that have been amended as part of the European “Circular Economy Package” (“CEP”), so as to refer to the latest versions of those Directives. The CEP consists of the amendment of a number of EU Directives for the purpose of moving towards a more resource efficient, circular economy. There are additional amendments to the Hazardous Waste (Wales) Regulations 2005 (S.I. 2005/1806 (W. 138)), implementing other EU obligations arising from the Circular Economy Package.

The Directives are Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312 22.11.2008, p. 3) (“the Waste Framework Directive”) and Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182 16.7.1999, p. 1) (“the Landfill Directive”).

The Waste Framework Directive was last amended by Directive (EU) 2018/851 (OJ L 150 14.6.2018, p. 109) and the Landfill Directive, by Directive (EU) 2018/850 (OJ L 150 14.6.2018, p. 100).

These Regulations apply in relation to Wales. In conjunction with UK regulations made by the Secretary of State, they form part of the transposition into domestic law, of the amendments made to the Waste Framework Directive and the Landfill Directive.

Regulation 2 amends the Waste (Wales) Measure 2010 (2010 nawm 8) to bring up to date references to the Landfill Directive and the Waste Framework Directive.

Regulation 3 amends the Landfill Allowances Scheme (Wales) Regulations 2004 (S.I. 2004/1490 (W. 155)), to bring up to date references to the Landfill Directive and the Waste Framework Directive.

Regulation 4 amends the Hazardous Waste (Wales) Regulations 2005 (S.I. 2005/1806 (W. 138)). Amendments to regulations 2, 47 and 48 bring up to date references to the Waste Framework Directive and Landfill Directive. The amendment of regulation 5 gives effect to changes in the definition of “management” of waste. Amendments to regulations 19 and 20 give effect to changes made by the CEP in relation to the mixing of waste oils and the mixing of hazardous waste, respectively.

Regulation 5 amends the Recycling, Preparation for Re-use and Composting Targets (Monitoring and Penalties) (Wales) Regulations 2011 (S.I. 2011/1014(W. 152) ), to bring up to date references to the Waste Framework Directive.

Regulation 6 amends the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567 (W. 136)), to bring up to date references to the Waste Framework Directive.

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.