The Waste (Circular Economy) (Amendment) Regulations 2020
| Jurisdiction | UK Non-devolved |
| Citation | SI 2020/904 |
| Year | 2020 |
2020 No. 904
Environmental Protection
The Waste (Circular Economy) (Amendment) Regulations 2020
Made 25th August 2020
Laid before Parliament 27th August 2020
Coming into force 1st October 2020
The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 19721.
The Secretary of State is a Minister designated2for the purposes of section 2(2) of the European Communities Act 1972 in relation to the environment.
PART 1
Introductory Provisions
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Waste (Circular Economy) (Amendment) Regulations 2020 and come into force on 1st October 2020.
(2) An amendment made by Part 2 has the same extent as the provision amended, except regulations 4 and 5(3), which have the extent stated in those regulations.
(3) An amendment made by Part 3 has the same extent as the provision amended.
PART 2
Amendments to primary legislation
Town and Country Planning Act 1990
2. In the Town and Country Planning Act 19903, in section 336(1), in the definition of “waste”, in paragraph (a), for “Council Regulation (EU) 2017/997”, substitute “Directive (EU) 2018/8514”.
Environmental Protection Act 1990
3. In the Environmental Protection Act 19905, in section 75(1A), for “Council Regulation (EU) 2017/997”, substitute “Directive (EU) 2018/851”.
4. In the Environment Act 19956, in section 56(1), in paragraph (h) of the definition of “environmental licence” as it extends to England and Wales, for “Council Regulation (EU) 2017/1997”, substitute “Directive (EU) 2018/851”.
Waste and Emissions Trading Act 2003
5.—(1) The Waste and Emissions Trading Act 20037is amended as follows.
(2) For section 21(3), substitute—
“3. In this section “municipal waste” means—
(a) mixed waste and separately collected waste from households, including paper and cardboard, glass, metals, plastics, bio-waste, wood, textiles, packaging, waste electrical and electronic equipment, waste batteries and accumulators, and bulky waste, including mattresses and furniture; and
(b) mixed waste and separately collected waste from other sources, where such waste is similar in nature and composition to waste from households.
3A. But municipal waste does not include waste from production, agriculture, forestry, fishing, septic tanks and sewage network and treatment, including sewage sludge, end-of-life vehicles or waste generated by construction and demolition activities.”.
(3) In section 37—
(a)
(a) as it extends to England and Wales and Northern Ireland—
(i) in the heading, after “waste”, insert “, recovery and disposal”;
(ii) after subsection (1) insert—
“1A. In this Part, “recovery” and “disposal” have the same meanings as in the Waste Directive.”;
(iii) in subsection (2), for “Council Regulation (EU) 2017/997”, substitute “Directive (EU) 2018/851”;
(b)
(b) as it extends to Scotland—
(i) in the heading, after “waste”, insert “, recovery and disposal”;
(ii) after subsection (1) insert—
“1A. In this Part, “recovery” and “disposal” have the same meanings as in the Waste Directive.”;
(iii) in subsection (2), for “Council Regulation (EU) 2017/997”, substitute “Directive (EU) 2018/851”.
Marine and Coastal Access Act 2009
6. In the Marine and Coastal Access Act 20098, in section 75(5), for “Council Regulation (EU) 2017/997”, substitute “Directive (EU) 2018/851”.
PART 3
Amendments to secondary legislation
The End-of-Life Vehicles Regulations 2003
7. In the End-of-Life Vehicles Regulations 20039, in regulation 2—
(a) in the definition of “the Directive”, for “Commission Directive (EU) 2017/2096” substitute “Commission Delegated Directive (EU) 2020/36310”;
(b) in the definition of “the Waste Directive” for “Council Regulation (EU) 2017/997” substitute “Directive (EU) 2018/851”.
The End-of-Life Vehicles (Producer Responsibility) Regulations 2005
8. In the End-of-Life Vehicles (Producer Responsibility) Regulations 200511, in regulation 2—
(a) in the definition of “the Directive”, for “Commission Directive (EU) 2017/2096” substitute “Commission Delegated Directive (EU) 2020/363”;
(b) in the definition of “the Waste Directive”, for “Council Regulation (EU) 2017/997” substitute “Directive (EU) 2018/851”.
The Hazardous Waste (England and Wales) Regulations 2005
9.—(1) The Hazardous Waste (England and Wales) Regulations 200512are 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)
(a) in paragraph (1)—
(i) for “This regulation” substitute “Paragraph (2)”;
(ii) in sub-paragraph (b)(i), omit “and economically”;
(b)
(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)
(a) after “landfill of waste” insert “, as last amended by Directive (EU) 2018/85013”;
(b)
(b) at the end insert “or (3)”.
(7) In regulation 48(6B)—
(a)
(a) after “landfill of waste” insert “, as last amended by Directive (EU) 2018/850”;
(b)
(b) at the end insert “or (3)”.
The Producer Responsibility Obligations (Packaging Waste) Regulations 2007
10. In regulation 2 of the Producer Responsibility Obligations (Packaging Waste) Regulations 200714—
(a) in paragraph (1)—
(i) in the definition of “the Packaging Waste Directive”, for “Directive (EU) 2015/720” substitute “Directive (EU) 2018/85215”;
(ii) in the definition of “the Waste Directive”, for “Council Regulation (EU) 2017/997” substitute “Directive (EU) 2018/851”;
(b) in paragraph (2)—
(i) in the definition of “disposal”, for “Article 3(10) of the Packaging Waste Directive” substitute “Article 3(19) of the Waste Directive”;
(ii) for the definition of “energy recovery” substitute—
““energy recovery” means the use of combustible packaging waste as a means to generate energy through direct incineration with or without other waste but with recovery of the heat;”;
(iii) omit the definition of “organic recycling”;
(iv) in the definition of “recycling”, for “Article 3(7) of the Packaging Waste Directive” substitute “Article 3(17) of the Waste Directive”;
(v) in the definition of “reuse”, for “Article 3(5) of the Packaging Waste Directive” substitute “Article 3(13) of the Waste Directive”.
The Marine Works (Environmental Impact Assessment) Regulations 2007
11. In Schedule A1 to the Marine Works (Environmental Impact Assessment) Regulations 200716, in paragraph 15, for “Council Regulation (EU) 2017/997” substitute “Directive (EU) 2018/851”.
The Batteries and Accumulators (Placing on the Market) Regulations 2008
12.—(1) The Batteries and Accumulators (Placing on the Market) Regulations 200817are amended as follows.
(2) In regulation 2(1), in the definition of “appliance”, after “(WEEE)” insert “, as last amended by Directive (EU) 2018/84918”.
(3) In regulation 7(3), for “Council Regulation (EU) 2017/997/EU” substitute “Directive (EU) 2018/851”.
(4) In regulation 26(2), for “ Directive 2013/56/EU” substitute “Directive (EU) 2018/849”.
The Waste Batteries and Accumulators Regulations 2009
13.—(1) The Waste Batteries and Accumulators Regulations 200919are amended as follows.
(2) In regulation 2—
(a)
(a) in paragraph (1), in the definition of “appliance”, after “(WEEE)” insert “as last amended by Directive (EU) 2018/849”;
(b)
(b) in paragraph (1A), for “Council Regulation (EU) 2017/997/EU” substitute “Directive (EU) 2018/851”.
(3) In regulation 56(4), for “Council Directive 2011/97/EU” substitute “Directive (EU) 2018/850”.
The Marine Licensing (Exempted Activities) Order 2011
14. In article 3 of the Marine Licensing (Exempted Activities) Order 201120, in the definition of “the Waste Framework Directive”, for “Council Regulation (EU) 2017/997” substitute “Directive (EU) 2018/851”.
The Waste (England and Wales) Regulations 2011
15.—(1) The Waste (England and Wales) Regulations 201121are amended as follows.
(2) In regulation 3(1)—
(a)
(a) in the definition of “Waste Framework Directive”, for “Council Regulation (EU) 2017/997” substitute...
To continue reading
Request your trial