Legislation affecting waste

This information sheet describes the main areas of European and national legislation impacting on waste management. It does not address other international and European initiatives which either directly impact on waste or set the context within which waste policies are developed, such as:

The current national controls on waste originate from the Control of Pollution Act 1974 and were greatly tightened with the introduction of the Environmental Protection Act 1990. Legislation originally focused on the disposal of waste, but since the introduction of the EC Framework Directive on waste (see below) control has extended to include the storage, treatment, recycling and transport of waste.

Most UK legislation impacting on waste management is now implemented as a result of European Directives. The European Union's waste legislation comprises three main elements:

There are a significant number of Directives affecting waste management, including some which may not immediately appear relevant such as the Directive on Groundwater or the Habitats Directive. This Information sheet describes the main provisions of some of the key Directives - it does not attempt to cover all Directives relevant to waste management.

Information relating to the following Directives is currently included in this sheet:

Directive

Publication year

Directive number

Horizontal

 

 
  1. Directive on Waste (Waste Framework Directive)

1975

75/442/EEC
  1. Directive on Hazardous Waste

1991

91/689/EEC

Treatment

 

 
  1. Directive on Integrated Pollution Prevention and Control

1996

96/61/EC
  1. Directive on the Landfill of Waste

1999

1999/31/EC
  1. Directive on the Incineration of Waste

2000

2000/76EC

Waste stream

 

 
  1. Directive on Batteries and Accumulators

1991

91/157/EEC
  1. Directive on Packaging and Packaging Waste

1994

94/62/EC
  1. Directive on End of Life Vehicles (ELV)

2000

2000/53/EC
  1. Directive on Waste Electrical & Electronic Equipment (WEEE)

2002

2002/96/EC

 

Brief details are provided of the objectives or requirements of these Directives. Some details are also provided of national legislation or strategies which transpose the Directive requirements into UK law.

It is important to note that new legislation, and amendments to existing legislation, are introduced relatively frequently and the information provided here may not be up to date. It certainly should not be relied upon as an accurate statement of law - rather it provides an indication of the range and nature of the issues covered.

We hope to update this information sheet in the future with information on other Directives, both existing and forthcoming.

Horizontal Legislation top of page

Directive on Waste (75/442/EEC, as amended)

Known as the Waste Framework Directive, the Directive establishes a framework for the management of waste across the European Community. It also defines certain terms, such as 'waste', 'recovery' and 'disposal', to ensure that a uniform approach is taken across the EU. It requires Member States to:

Related UK Legislation

The Waste Framework Directive has been implemented in the UK through the following national legislation:

The legislation requires that anyone who treats, keeps, deposits or disposes of waste needs a waste management licence (unless exempt or excluded), which is issued by the Environment Agency. Waste management licences include conditions relating to operations at the site and the Environment Agency monitors activities to ensure compliance with the licence conditions. A key objective of the licensing system is to ensure that waste is recovered or disposed of without endangering human health and without using processes or methods which harm the environment.

It is also an offence to transport controlled waste unless registered with the Environment Agency. Registered carriers are authorised persons for the purposes of the Duty of Care (see below). Similarly, the holder of a waste management licence is also an authorised person.

1.1.  Duty of Care

The "Duty of Care" was introduced under the Environmental Protection Act. Anyone who imports, produces, carries, keeps, treats or disposes of waste is subject to a duty of care whereby they must take all reasonable and applicable measures:

One of the aims of the Duty of Care is to prevent the practice of waste producers simply handing their waste over to anyone prepared to take it away, without giving consideration to where it is going and whether it will be dealt with properly.

The Duty of Care was amended in February 2003 to allow Waste Collection Authorities, in addition to the Environment Agency, to check whether businesses are completing and retaining their Duty of Care transfer notes correctly. The act was further amended in 2005 to include householders within its remit, meaning that it is the householders responsibility to ensure that any waste passed on goes to a registered carrier.

1.2.National Waste Strategies

In addition to legislation, the planning requirements of the waste framework and other directives have led to the production of national waste strategies which are now in place for England, Scotland, Northern Ireland and Wales. The strategies are plans which outline how the UK intends to manage the increasing amount of rubbish produced each year. Waste management strategies cover aspects such as the government's vision, time-related targets, the provision of waste data, the role of key organisations, issues relating to specific waste streams (such as hazardous waste), and key principles applicable to developing a system for sustainable waste management, such as the "waste hierarchy". The national strategies are also plans for dealing with waste diverted from landfill as required by the Landfill Directive and therefore include recycling, composting and recovery targets for different types of waste.

The English strategy includes a target to reduce the landfilling of commercial and industrial waste to 85% of 1998 levels by 2005. It is estimated that 42 million tonnes of industrial and commercial waste was landfilled in 1998/99. The Government expects this figure to be reduced to 36 million tonnes by 2005. In order to reduce the amount of biodegradable waste being sent to landfill the strategy also specifies recycling and composting rate targets for local authorities. These rates were confirmed as statutory targets in March 2001 with the release of central government's publication Guidance on Municipal Waste Management Strategies (Department of the Environment, Transport and the Regions, March 2001). Targets are set for 2003 and 2005 using 1998/99 as a baseline. The targets aim to raise the national recycling rate to 17% by 2003/04, after which each authority has individual targets which will bring the rate up to 25% by 2005/06. 

At the end of 2001, the Prime Minister's Strategy Unit (SU) was tasked with carrying out a review of the English Waste Strategy 2000. The aim of the review was to analyse the scale of the challenge posed by the growing quantities of municipal waste and to devise cost-effective and practical measures for addressing the challenge, with particular consideration to the implications of Article 5 of the landfill directive (which sets the targets for the reduction of biodegradable waste to landfill).

The SU report entitled Waste Not, Want Not, published in November 2002, is not a statement of government policy, but a contribution to the debate. It makes a number of recommendations, the majority of which have been accepted by the Government. The Government published a response to the Strategy Unit's report in May 2003 and states that it has already acted in the following key areas:

In response to the SU report, the government also set up the Waste Implementation Programme (WIP), managed by Defra.  The WIP comprises eight work streams:

  1. Local authority funding
  2. Local authority support
  3. Data
  4. Research
  5. New technologies
  6. Waste minimisation
  7. Recycling (focus on organics)
  8. Waste awareness

The aim of the programme is to divert increasing volumes of biodegradable municipal waste away from landfill and move the treatment of waste up the waste hierarchy (Reduce, Reuse, Recycle) to improve the sustainability of waste management.

2.Directive on Hazardous Waste (91/689/EEC, as amended) top of page

It is particularly important to manage hazardous wastes properly due to the risks they may pose to the environment and human health. The Directive on Hazardous waste is another example of framework legislation and complements the Waste Framework Directive by providing a framework for the control of hazardous waste.

It lists a number of properties of waste which render it hazardous (such as explosive, flammable, carcinogenic, or corrosive). Although the Directive does not substantially augment the requirements of the waste framework directive as regards permitting and registration of waste management facilities, it contains additional requirements concerning the mixing of hazardous waste, record keeping and international shipments of waste.

The Directive requires:

It is worth noting that other Directives also impact on the management of hazardous waste, for example the Waste Framework Directive, the Landfill Directive and the Oils Directive.

Hazardous wastes are listed in the amended European Waste Catalogue (EWC), established by Commission Decision 2000/532/EC which was brought into effect in the UK in 2002. Changes to the EWC have brought many wastes not previously categorised as hazardous within the scope of the wider definitions, including computer monitors, fluorescent tubes, fridges and end of life vehicles that have not been drained of liquid or other hazardous components.

2.1. Hazardous Waste (England and Wales) Regulations 2005 and the List of Wastes (England) Regulations 2005 (replacing the Special Waste Regulations 1996, as amended)

The Hazardous Waste regulations and List of Wastes regulations (both of which include England and Wales versions) came into force on the 16 July 2005. The Regulations set out procedures to be followed when disposing of, carrying and receiving hazardous waste. They require that waste movements are tracked from cradle to grave using "consignment notes" and specifies which materials are to be considered hazardous.

The regulations also require for any producer of hazardous waste (with some exceptions) to register their premises with the Environment Agency, which they can do online here: http://www.environment-agency.gov.uk.

These regulations do not apply to household waste, with the exception of asbestos removed from domestic properties.

Treatment top of page

3.Directive Concerning Integrated Pollution Prevention and Control (IPPC) (96/61/EC)

The IPPC Directive introduces a new integrated permitting regime for major industrial and waste sites covering air, water and land pollution. It targets industrial sectors considered to have a high potential to cause pollution and aims to provide a high level of protection for the environment as a whole and extends traditional approaches to environmental protection by including energy use, waste minimisation, vibration and noise.

Sectors of industry regulated by IPPC include energy, metal production and processing, minerals, chemicals production and waste management.

The Directive applies to the following waste facilities:

For other installations the Directive includes the following requirements relating to waste:

3.1.Pollution Prevention and Control Act 1999 and Pollution Prevention and Control (England and Wales) Regulations 2000 as amended

The IPPC Directive is transposed into UK law through the Pollution Prevention and Control Act 1999, and the Pollution Prevention and Control (England and Wales) Regulations 2000 as amended.

To gain a permit, operators will have to show that they have systematically developed plans to apply the "Best Available Techniques" (BAT) and meet certain other requirements, taking account of relevant local factors. For example, there is specific guidance on BAT for waste minimisation which includes:

All IPPC installations are required to apply for a permit to operate and there is a phased timetable, beginning in 2001 and ending in 2007, depending on the industry sector.

4.Directive on the Landfill of Waste (1999/31/EC)

The Landfill Directive contains far-reaching legislation that impacts both on the management of waste and on specific waste streams. The Landfill Directive aims to improve standards of landfilling across Europe, by setting specific requirements for the design, operation and aftercare of landfills, and for the types of waste that can be accepted at landfill sites.

The Directive:

The Directive classifies landfills as hazardous, non hazardous, or inert waste and prevents the co-disposal of hazardous and non-hazardous waste after July 2004. It also requires that waste must be pre-treated before being landfilled and that landfill gas must be collected, treated and used to produce energy. This means that if the gas cannot be used it must be flared.

The Directive applies to all sites that were accepting waste on 16th July 2001. Larger landfill sites taking wastes other than inert wastes are also subject to the Integrated Pollution Prevention and Control Directive.

4.1. Landfill (England and Wales) Regulations 2002

The requirements of the Landfill Directive are implemented through the Landfill (England and Wales) Regulations 2002. The Landfill Regulations also implement the European Waste Catalogue, which categorises waste into 20 main groups and approximately 900 codes. These codes will have to be used to describe waste on transfer notes produced in accordance with the Duty of Care. The implementation of the Landfill Directive's requirements for diversion of BMW required primary legislation and have been implemented through the Waste and Emissions Trading (WET) Act 2003.

5. Directive on Waste Incineration (2000/76/EC) top of page

The Waste Incineration Directive aims to prevent, or limit as far as practicable, negative effects on the environment form incineration, in particular pollution of air, soil, surface water and groundwater, and the resulting risks to human health.

The Directive:

All new plant must meet the requirements from 28th December 2002 and existing plant from 28th December 2005. The Directive is being implemented through the Pollution Prevention and Control regime.

The Directive will eventually cover some 2,600 incinerators, around 70% of which are waste oil burners in vehicle service garages. It is worth noting that the legislation is not concerned with the place that incineration has in waste management strategies, but with ensuring that incinerators are regulated to a high standard.

Waste stream

6. Directive on Batteries and Accumulators (91/157/EEC, as amended)

The Directive concerns batteries and accumulators containing certain dangerous substances. From January 1993, the original Directive:

Later amendments tightened up the standards from January 2000.

Batteries of the button type or those composed of elements of the button type are excluded from the scope of the Directive.

The Commission is currently drafting proposals to replace the 1991 Batteries Directive - consultation with stakeholders commenced in July 2003. Following an initial agreement in 2004, and two readings during 2005, the current targets are now: collection rates of 25% within 6 years, and 45% within ten years, of sales volume of portable batteries. The recycling target is set at 50%. Batteries containing nickel cadmium will be phased out; however this does not include those used in power tools, medical equipment and alarm systems. The battery producers will also be responsible for funding battery information campaigns and the collection and recycling of batteries. The amendments can be viewed here.

7. Packaging and Packaging Waste Directive (94/62/EC) top of page

The Packaging and Packaging Waste Directive aims to harmonise measures concerning the management of packaging and packaging waste and in particular, obligates the UK to meet targets for the recovery and recycling of packaging waste. The Directive covers all packaging placed on the Community market. Targets are set as a percentage of packaging flowing into the waste stream.

The Directive:

Targets were originally introduced by the UK Government in 1997, to be met by 2001. More recent targets have been agreed by the European Union, to be met by the 31st December 2008. The overall recovery target is set at 60%, with a recycling target of between 55% and 80%. Material specific targets for each packaging material have also been set: 60% for glass, 60% for paper, 50% for metals, 22.5% for plastics and 15% for wood.

7.1. The Producer Responsibility Obligations (Packaging Waste) Regulations 1997, as amended and The Packaging (Essential Requirements) Regulations 1998

The Directive is transposed into UK law in the Producer Responsibility Obligations (Packaging Waste) Regulations 1997 (as amended) and the Packaging (Essential Requirements) Regulations 1998.

The Producer Responsibility Regulations obligate business with an annual turnover over £2m handling more than 50 tonnes of packaging per year to:

The Essential Requirements Regulations specify requirements for packaging placed on the market which include:

The latest recycling and recovery targets as set in November 2005 are (%):


2006 2007 2008 2009 2010
Paper 66.5 67 67.5 68 68.5
Glass 65 69.5 73.5 74 74.5
Aluminium 29 31 32.5 33 35.5
Steel 56 57.5 58.5 59 59.5
Plastic 23 24 24.5 25 25.5
Wood 19.5 20 20.5 21 21.5
Overall recovery 66 67 68 69 70
Minimum amount of recovery to be achieved through recycling 92% 92% 92% 92% 92%

8. End of Life Vehicles (ELV) Directive (2000/53/EC) top of page

The purpose of the End of Life Vehicles (ELV) Directive is to prevent waste from end of life vehicles and promote the collection, reuse and recycling of their components. It sets recycling targets and will require producers, dismantlers and shredders to establish collection systems for ELVs.

The Directive:

8.1. End of Life Vehicle (ELV) Regulations 2003

The End of Life Vehicle (ELV) Regulations 2003 came into effect on 3rd November 2003. The Regulations introduce the licensing of authorised ELV treatment sites and outline how authorised handlers should dismantle, recycle and dispose of vehicle materials. There are still two articles of the directive yet to be transposed; 5 and 7 which relate to producer responsibility. These articles include:

9.Waste Electrical and Electronic Equipment (WEEE) Directive (2002/96/EC) top of page

The Waste Electrical and Electronic Equipment (WEEE) Directive was published on 13th February 2003 and will have significant implications for importers, producers and retailers of electrical and electronic equipment. It aims to reduce the amount of electrical waste, increase recovery and recycling, and improve the environmental performance of all operators involved in the lifecycle of electrical and electronic equipment. Examples of equipment that will be covered by the Directive are household appliances, IT and telecommunications equipment, audiovisual equipment (TV, video, hi-fi), lighting, electrical and electronic tools, toys, leisure and sports equipment.

The Directive requires:

Householders must be encouraged to separate WEEE but there is no mandatory requirement. The Directive does not require Local Authorities to take on any additional burdens such as separation of household WEEE or kerbside collection provision for WEEE.

The deadline for transposition into UK law is 13th August 2004, however, he producer responsibility aspects will not be introduced until July 2006. 

10.Directive on the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (2002/95/EC)

Parallel to the WEEE Directive, the Directive on the Restriction of Hazardous Substances in Electrical and Electronic Equipment was also published on 13th February 2003. The Directive aims to restrict the use of hazardous substances in electrical and electronic equipment in order to contribute to the environmentally sound recovery and disposal of such wastes.

The Directive requires producers to ensure that products they place on the European market from 1st July 2006 do not contain hazardous substances such as lead, mercury, cadmium, hexavalent chromium and certain brominated flame retardants (polybrominated biphenyls (PBB) and poybrominated diphenyl ethers (PBDE)) even if manufactured, imported or already warehoused before that date.

There are exceptions for a small number of processes where restricted substances can continue to be used. These cover cases where elimination or substitution of the substances is technically or scientifically impracticable or would have other undesirable impacts. Maximum concentrations are also being agreed at European level (which will allow minimum levels to exist in products).

Useful contacts top of page

The European Union
 www.europa-eu.int
The European Commission, originator of much environmental legislation. Website provides information on all areas of work of the EU.

The European Commission (Representation in the UK)
8 Storey's Gate, London SW1P 3AT
t 020 7973 1992 f 020 7973 1900/1910
www.cec.org.uk/
Voice of the Commission in the UK, providing information on EU policies and programmes.

European Parliament United Kingdom Office
2 Queen Anne's Gate, London SW1H 9AA
t 020 7227 4300 f 020 7227 4302
eplondon@europarl.eu.int
www.europarl.org.uk/
Provides information about the roles and activities of the Parliament and the European Union more generally.

Department for Environment, Food and Rural Affairs (Defra)
Waste Policy Division, Zone 7/D11, Ashdown House, 123 Victoria Street, London SW1E 6DE
t 020 7890 3000 Publications. t 0870 1226 236
www.defra.gov.uk/
Responsible for government policy and legislation on all waste management matters including recycling.

Department of Trade and Industry
Environment Directorate, Bay 25 Red Zone, 151 Buckingham Palace Road,
London SW1W 9SS
t 020 7215 1036
www.dti.gov.uk/
Deals with EC directives with a recycling element (both existing and proposed), including the batteries, packaging and other "priority" waste streams such as electrical and electronic equipment, end-of-life vehicles and used tyres.

Her Majesty's Stationary Office
Enquiries, HMSO, St.Clements House, 2-16 Colegate, Norwich, NR3 1BQ
www.ukstate.com/portal.asp
Publishes official documents, regulations and guidance on legislation. Website includes full texts of Public General Acts.

Environment Agency for England and Wales
Rio House, Waterside Drive, Aztec West, Almondsbury, Bristol BS12 4UD
t 01454 624 411
www.environment-agency.gov.uk/
Non-departmental public body aiming to protect and improve the environment. Contact for guidance and further information on waste management licensing and the UK packaging regulations.

Scottish Environmental Protection Agency (SEPA)
Erskine Court, Castle Business Park, Stirling FK9 4TR
t 01786 457700 f 01786 446 885
info@sepa.org.uk
www.sepa.org.uk/
Scotland's equivalent to the Environment Agency.

Northern Ireland Environment and Heritage Service
Calvert House, 23 Castle Place, Belfast BT1 1FY
t 01232 546 560
ehs@nics.gov.uk
www.ehsni.gov.uk/default.asp
Northern Ireland's equivalent to the Environment Agency.

Foundation for International Environmental Law & Development (FIELD)
SOAS, University of London, 46-47 Russell Square, London WC1B 4JP
t 020 7637 7950 f 020 7637 7951
www.field.org.uk/
Teaching, research and legal assistance on international environmental law and sustainable development.

EUR-Lex (European Union Law homepage)
 www.asser.nl/EEL/index.htm
Full texts of treaties and Community legislation in force, in addition to the Official Journal of the European Communities.

European Environmental Law Homepage
 www.asser.nl/EEL/index.htm
Full text cases, legislation and other materials related to European Environmental Law. Edited by T.M.C.Asser Institute in The Netherlands, FIELD, and the METRO Institute (Maastricht University).

   

 

Sheet updated: Ocotober 05

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Due to changes in funding, we are no longer able to offer a telephone or email public information service. Should you have further questions on waste and recycling, please contact one of these groups:

Householders and students should call the Recycle Now helpline on 0845 331 31 31 for further waste based information, and where to find your local recycling facilities.

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For industry based questions, please use the WRAP technical helpline on 0808 100 2040 for advice on markets and recycling company development, or visit www.letsrecycle.com for listings of recyclers and reprocessors.

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