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Transposition of the revised Waste Framework Directive (2008/98/EC): The Waste (England and Wales) Regulations 2011 (S.I. 2011 No. 988)

On 8th February 2011 Defra advised that a draft of the Regulations to transpose the revised Waste Framework Directive (rWFD) (2008/98/EC) in England and Wales had been laid before Parliament and the National Assembly for Wales (NAW). Defra have now writen to confirm that, following debate and approval by Parliament and the NAW, the Waste (England and Wales) Regulations 2011 (S.I. 2011 No. 988) have been made and came into force from 29th March 2011.
 
The Regulations have been published by The Stationery Office and are available at http://www.legislation.gov.uk/uksi/2011/988/contents/made made together with an Explanatory Memorandum (EM) providing information on a range of issues relating to the rWFD and its transposition. Annex 1 to the EM is a Transposition Note which explains how each Article of rWFD 2008/98/EC has been transposed in the Regulations; and Annex 2 to the EM is a post-consultation version of the Impact Assessment.
 

The rWFD re-enacts, revises or repeals three predecessor Directives: (i) the Waste Framework Directive (2006/12/EC); (ii) the Waste Oils Directive (75/439/EEC as amended); and (iii) the Hazardous Waste Directive (91/698/EEC as amended). The legislation necessary to transpose and comply with these three predecessor Directives is in place. In many cases, therefore, the transposition of the rWFD has no immediate implications for businesses etc. operating under the terms of the waste management controls that are already in place (e.g. environmental permits for waste recovery and disposal operations, registered permit exemptions and registered waste carriers).

 
For Defra's letter of 1st April 2011 to stakeholders please CLICK HERE.  It draws readers' attention to a number of provisions in the regulations that do not take effect until dates later than 29th March 2011, namely:
 
  1. Article 12 duties regarding the waste hierarchy, which come into force on 28th September 2011;
  2. Article 13 duties in relation to the separate collection of waste paper, metal, plastic and glass, which apply from 1st January 2015;
  3. Article 14 duties that prohibit the mixing of separately collected waste with other waste, which applies from 1st January 2015;
  4. Article 27 transitional exemptions for lower tier waste carries who have until 31st December 2013 to register as waste carriers;
  5. Article 35 which, up to and including 27th September 2011, allows the omission of certain information (e.g. relating to the waste hierarchy) from the transfer note; and
  6. Paragraph 11 of Schedule 2 which allows the multiple collection procedure and existing hazardous waste consignment note forms to be used up to and including 27th September 2011.
 
Annex 1 of Defra's recent letter sets out supplementary measures applicable in Wales and Annex 2 provides a list of proposed guidance which Defra and other Government Departments propose to make available, after any necessary consultation. 
 
The presentations made during a recent workshop (15th March 2011) on 'Awareness Raising Events concerning the application and enforcement of the "new” Waste Framework Directive 2008/98/EC - United Kingdom 2011' can be viewed and downloaded from http://www.bipro.de/waste-events/wfd/events2011/UK/uk.htm
 
AfOR news article published: 4th April 2011.
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