Summary

The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 will amend the following legislation:

• Environmental Protection Act 1990;
• Hazardous Waste (England and Wales) Regulations 2005;
• Marine Licensing (Exempted Activities) Order 2011;
• Environmental Permitting (England and Wales) (Amendment) (EU Exit) Regulations 2019;
• Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019;
• Environment (Amendment etc.) (EU Exit) Regulations 2019;
• Environment (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2019;
• Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019;
• Environment and Rural Affairs (Amendment) (EU Exit) Regulations 2019;
• Decision 2000/532/EC establishing a list of wastes; and
• Decision (EU) 2020/248 laying down technical guidelines for inspections in accordance with Article 17 of Directive 2006/21/EC on waste from extractive industries.

The Regulations come into force on the date the post-Brexit transition period ends, which is anticipated to be 23:00 on 31 December 2020.

What will change?

The amendments made will not apply new or modified obligations on organisations in the UK.

After the end of the post-Brexit transition period, changes will be made including the following:

• The UK government will be able to amend the list of waste (European Waste Catalogue) in England. The list may be updated in other parts of the UK by the devolved administrations or by the UK government with these administrations’ consent.
• The legislation will broadly be amended to make it come into force at the end of the post-Brexit transition period. Modifications will also be made to terms and references to reflect that the UK will no longer be an EU Member State.
• Amendments are made to reflect the Post-Brexit Northern Ireland Protocol. This will affect legislation regarding regimes respecting batteries and accumulators, and packaging. For example, the term “appropriate authority” will be inserted into UK-wide legislation, which include a Northern Ireland authority; and

Revocations

EU-derived legislation listed in the Schedule will be revoked. This includes legislation concerning the EU Ecolabel, which the UK will no longer participate in, and EU-wide rules on food, drink and waste electrical and electronic equipment (WEEE).

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