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United Kingdom
United Kingdom
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CASE STUDY
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Directive Wastes meaning
Published by a LexisNexis Energy expert
What does Directive Wastes mean?
In practice, this describes waste that falls within the scope of the EU Waste framework directive 2008/98/EC (WFD)—that is, any substance or object which the holder discards, intends to discard or is required to discard, to which the WFD controls apply. The expression is descriptive; the underlying definition of “waste” is set by the WFD and applied through national legislation.
Key legal features include application of the waste hierarchy, separate collection requirements, duty of care, permitting, waste classification (including hazardous waste), and by-product and end‑of‑waste decisions. “Directive wastes” excludes categories regulated elsewhere (for example, radioactive waste, waste waters, animal by‑products, and emissions to air), so confirming whether material is within WFD scope is critical to compliance, contracts, and permitting.
Jurisdictional position:
- England and Wales, Scotland and Northern Ireland: the WFD is implemented through domestic regulations (including the Waste (England and Wales) Regulations 2011, the Waste (Scotland) Regulations 2012 and the Waste Regulations (Northern Ireland) 2011). Following the UK’s exit from the EU, the Directive no longer applies directly in Great Britain, but its transposed and retained provisions continue to operate.
- Ireland: the WFD applies directly as EU law (as amended), implemented through national measures.
Usage and scope are broadly consistent across these jurisdictions.
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View the related Practice Notes about Directive Wastes
PRACTICE NOTES
Planning and Regulatory Framework for Radioactive Waste in England and Wales: Geological Disposal (NSIPs), Non-geological Routes (TCPA), Policy, Consents, Consultation and Case Law
Scope of this Practice Note This Practice Note sets out the main types of radioactive waste and examines disposal against the EU-defined waste hierarchy. It places contemporary management of radioactive waste within the historical development of the nuclear industry from a planning standpoint. Principal policy documents are reviewed to chart the evolution of government thinking over time. Geological disposal of Higher Activity Waste (HAW) under the Planning Act 2008 (PA 2008) is compared with alternative disposal routes under the Town and Country Planning Act 1990 (TCPA 1990) and the Planning (Wales) Act 2015. Consultation duties, application processes and required consents are identified for both regimes. Notable planning appeals and judicial review cases are highlighted before looking at international approaches to radioactive waste. What is radioactive waste? In the UK, radioactive waste arises—and will arise—from past, current and future programmes for electricity generation from nuclear fission, the reprocessing of nuclear fuel, the development of nuclear weapons, the nuclear submarine fleet and wastes from radioactive materials used for civil...
21 May
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PRACTICE NOTES
Hazardous waste controls in England and Wales: classification and List of Waste, mixing restrictions, consignment procedures, records and returns, and forthcoming EA 2021 digital tracking and carrier/broker permit reforms
Across the UK, hazardous wastes are governed by distinct regimes for England, Wales, Scotland and Northern Ireland. In England and Wales, the Hazardous Waste (England and Wales) Regulations 2005, SI 2005/894 (the ‘Hazardous Waste Regulations’) prescribe the regime. The Environment Act 2021 (EA 2021) created powers to make further regulations to strengthen the hazardous waste regime in England and Wales. The 2005 Regulations were made to give effect to the Hazardous Waste Directive 91/689/EEC and contain provisions on tracking and movement controls. Subject to reg 9, a waste is “hazardous waste” if it is: listed as a hazardous waste in the List of Wastes a specific batch of waste determined (under regulation 8) to be hazardous waste The “List of Wastes” in this context means the list established by Commission Decision 2000/532/EC, which replaced Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste, and Council Decision 94/904/EC establishing a list of hazardous waste pursuant...
21 May
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PRACTICE NOTES
EU Landfill Directive: scope, waste acceptance and prohibitions, permitting and operational rules, monitoring and aftercare; municipal/biodegradable landfill reduction targets; 2018 and 2024 amendments; links to IED and methane measures.
Key information EU Landfill Directive Official title: Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (the Landfill Directive) Entry into force: 16 July 1999 Transposition deadline: 16 July 2001 National implementation: See Eur-Lex information on national transposition measures as provided by Member States Key amendments: Directive 2011/97/EU (5 December 2011) modifying the Landfill Directive on specific criteria for storing metallic mercury deemed waste. In force from 13 December 2011; Member States’ transposition deadline: 15 March 2013. Directive (EU) 2018/850 (30 May 2018) amending the Landfill Directive. In force from 4 July 2018; Member States’ transposition deadline: 5 July 2020. Directive (EU) 2024/1785 of the European Parliament and of the Council (24 April 2024) amending Directive 2010/75/EU and Council Directive 1999/31/EC on the landfill of waste. In force 4 August 2024; Member States’ transposition deadline: 1 July 2026. Subject: Waste, landfill Objectives and purpose ...
29 May
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