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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...
Scope of Practice Note The Hazardous Waste (England and Wales) (Amendment) Regulations 2016, SI 2016/336, repealed Part 5 of the Hazardous Waste (England and Wales) Regulations 2005, SI 2005/894. This change abolished the obligation for any premises in England that generated hazardous waste, or arranged for its removal, to register with the Environment Agency. The duty for Welsh premises to register with Natural Resources Wales (NRW) was not altered by that revocation; accordingly, this Practice Note still focuses on the Welsh registration regime. The List of Wastes (England) Regulations 2005, SI 2005/895, were revoked by the Hazardous Waste (Miscellaneous Amendments) Regulations 2015, SI 2015/1360, from 1 July 2015, which also amended, in England, the Hazardous Waste (England and Wales) Regulations 2005, SI 2005/894. The List of Wastes (Wales) Regulations 2005 were repealed by the Hazardous Waste (Miscellaneous Amendments) (Wales) Regulations 2015, SI 2015/1417. The catalogue of hazardous waste aligns with the European List of Waste, first set by Commission Decision 2000/532/EC, and is periodically updated in light of...
Waste indicators guidance The EA has issued guidance ‘Check if your material is waste’, which assists in judging whether a material is waste, a ‘by-product’, or attains ‘end of waste’ status. As we move towards a more circular economy, waste indicators have evolved to support resource efficiency and productivity. For more on the circular economy, see Practice Note: Circular Economy and Resource Efficiency. Positive waste indicators Production residues ‘Production residues’ are substances not intentionally generated during extraction, production or manufacturing. They are usually regarded as waste unless they meet the tests for ‘by-products’, which are not treated as waste. See Practice Note: Meaning of waste—products and by-products. In Commission v Italy, three separate enforcement proceedings were brought against Italy for failing to fulfil its obligations under Directive 75/442/EEC (as amended), and were heard by the same court on the same day. Each matter addressed different issues, although the core principles were considered together...