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Jurisdiction: UK
Commencement: 1st October 2020
Amends:
Minor amendments are made to insert reference to the following EU Directive in order to refer to the most recent amendment:
Record keeping
Records of exempt waste operations falling within the description of the following are required to be kept by operators:
Waste collected for re-use and recycling not to be incinerated or landfilled
Schedule 9 is updated to include a new statutory permit condition on ‘Waste separately collected for preparing for re-use and recycling not to be incinerated or landfilled’. This restricts the acceptance for incineration or landfill of waste paper, metal, plastic and glass collected separately in preparation for re-use or recycling. Unless a relevant permit authorises the operator to accept such waste for incineration or landfill, or if incineration or landfilling provides the best possible environmental outcome, the waste must not be accepted.
Duties
Record keeping:
Chronological records of the quantity, nature, origin and where relevant, the destination and treatment of all waste disposed of or recovered are required to be kept by operators of some exempt waste operations including:
These records must be kept for 2 years or 3 years if it involves treatment of hazardous waste. This does not apply if the waste exemption falls within paragraph U10 or U11 and the undertaking is already required to keep records in relation to the operation under the Nitrate Pollution Prevention Regulations 2015 or the Nitrate Pollution Prevention (Wales) Regulations 2013.
Minor amendments are made to insert reference to the following EU Directives in order to refer to the most recent amendment:
Waste collection authorities’ duties
Duties placed on waste collection authorities to ensure that waste paper, metal, plastic or glass are collected separately do not apply where one of the following conditions are met:
Where waste is collected separately to undergo preparation for re-use, recycling or other recovery, it must not be mixed with other wastes or materials, unless one or more of the following conditions are met:
Schedule 1
As a result of the UK establishing waste prevention programmes, further additional measures are included in Part 2 of Schedule 1.
The updated schedule includes:
For more detailed information please see Part 2 of Schedule 1.
Minor amendments are made to insert reference to the following EU Directive in order to refer to the most recent amendment:
As a result of Directive (EU) 2018/852, all packaging containing oxo-degradable plastic is not to be considered as biodegradable.
*oxo-degradable plastic packaging is made from plastic materials that include additives that breaks down the plastic material into micro-fragments.
Packaging designed and produced for commercial use, must have the waste hierarchy applied for the purpose of its re–use, recovery or recycling. The waste hierarchy ranks waste management options from the most preferable to the least preferable for the environment. These options are:
References to Directive 2008/98/EC on waste (the ‘Waste Framework Directive’) are changed to refer to the most recent amendment (Directive (EU) 2018/851 amending Directive 2008/98/EC on waste).
There are no changes in duties for businesses.
References to Directive 2008/98/EC on waste (the ‘Waste Framework Directive’) are changed to refer to the most recent amendment (Directive (EU) 2018/851 amending Directive 2008/98/EC on waste.
The definition of municipal waste* is also updated to mirror the definition found in Article 3 of the Waste Framework Directive. There are no changes in duties for businesses.
*Municipal waste is mixed waste which is collected separately from households or from other sources where the waste is similar to household waste (e.g. paper, cardboard, glass etc.).
References to the following EU Directives are changed to refer to the most recent amendment:
There are no changes in duties for businesses.
Minor amendments are made to replace reference to the following EU Directives in order to refer to the most recent amendment:
Hazardous waste which has been mixed unlawfully is required to be separated.
Where the separation of hazardous waste is not required, the person holding that waste is required to make arrangements for mixed hazardous waste to be treated at a facility authorised by a waste permit to treat the mixed waste.
Mixing of waste oils is prohibited where it would obstruct the regeneration* or other equivalent recycling operation for those oils.
*Regeneration is a recycling operation where base oils can be produced by removing the contaminants and additives contained in waste oils.
Minor amendments are made to replace reference to the following EU Directives in order to refer to the most recent amendment:
The definition of energy recovery is updated to mean the incineration with heat recovery, of combustible packaging either on its own or with other types of wastes.
There are no changes in duties for businesses.
Schedule A1 is updated to insert Directive (EU) 2018/851 amending Directive 2008/98/EC on waste. Directive (EU) 2018/851 replaces reference to Regulation (EU) 2017/997 amending Annex III to Directive 2008/98/EC as regards the hazardous property HP 14 ‘Ecotoxic’.
There are no changes in duties for businesses.
Minor amendments are made to replace reference to the following EU Directives in order to refer to the most recent amendment:
There are no changes in duties for businesses.
Minor amendments are made to replace reference to the following EU Directives in order to refer to the most recent amendment:
There are no changes in duties for businesses.
Minor amendments are made to insert reference to the following EU Directive in order to refer to the most recent amendment:
There are no changes in duties for businesses.
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Jurisdiction: Republic of Ireland
Commencement: 27th August 2020
Amends: Waste Management (Licensing) Regulations 2004
The Waste Management (Licensing) Regulations 2004 regulations provide for the continued operation of the system of licensing by the Environmental Protection Agency of waste recovery and disposal activities under Part V of the Waste Management Act, 1996 . The licensing regulations ensure high environmental standards and that the licensee deals with long-term environmental liabilities. The license deals with emissions to all environmental media and the environmental management of a facility
The aim of these Regulations is to ensure there is a progressive reduction of landfill waste, such as waste that is suitable for recycling or other types of recovery, and to provide measures on the operational and technical requirements on the waste to prevent or reduce the negative effects on the environment.
References to Directive 2008/98/EC on waste (the ‘Waste Framework Directive’) are inserted.
The definition of ‘Landfill Directive’ is changed to mirror the updated definition found in Directive (EU) 2018/850 amending Directive 1999/31/EC on the landfill of waste.
Waste that has been separately collected for re-use and/or recycling cannot be accepted at landfill, except where it is necessary to deliver the best environmental outcome. From 2030 this is extended to all waste which is suitable for recycling (e.g. municipal waste*).
*Municipal waste is mixed waste which is separately collected from households or from other sources where the waste is similar to household waste (e.g. paper, cardboard, glass etc.)
Duties are placed on the Environmental Protection Agency (EPA) and local authorities to take all necessary measures to ensure that:
In order to determine if the above targets have been achieved, the following must be considered when calculating the amount of municipal waste that has been sent to landfill:
Please note: the weight of waste produced during recycling or other recovery operations which is sent to landfill is not to be included in the weight of municipal waste reported as landfilled.
The EPA and local authorities must establish an effective system of quality control and traceability of the municipal waste which is sent to landfill to ensure these Regulations are met.
Where municipal waste is shipped to another European Union (EU) country or exported from the EU for the purpose of landfilling, the volume of waste reported and validated is to be counted towards the amount of landfilled waste.
The EPA is required to report the data for each calendar year to the European Commission (EC). This is to be reported electronically within 18 months from the end of the reporting year. All data must be reported until 1st January 2025. the ‘Waste Framework Directive’) are inserted.
The definition of ‘Landfill Directive’ is changed to mirror the updated definition found in Directive (EU) 2018/850 amending Directive 1999/31/EC on the landfill of waste.
Waste that has been separately collected for re-use and/or recycling cannot be accepted at landfill, except where it is necessary to deliver the best environmental outcome. From 2030 this is extended to all waste which is suitable for recycling (e.g. municipal waste*).
*Municipal waste is mixed waste which is separately collected from households or from other sources where the waste is similar to household waste (e.g. paper, cardboard, glass etc.)
The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.
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