Waste exemptions
Produced in partnership with Angus Evers of Shoosmiths

The following Environment practice note produced in partnership with Angus Evers of Shoosmiths provides comprehensive and up to date legal information covering:

  • Waste exemptions
  • Relevant Legislation
  • What are waste exemptions?
  • Non-Waste Framework Directive exemptions
  • Exemptions available for waste operations
  • General conditions and requirements
  • Specific conditions
  • U (use of waste)
  • T (treatment of waste)
  • D (Disposal of waste)
  • More...

Waste exemptions

Coronavirus (COVID-19): The Environment Agency (EA) has published a series of temporary COVID-19 Regulatory Position Statements (RPSs) to minimise risks to the environment and human health, where compliance with certain regulatory requirements is not possible due to COVID-19. COVID-19 RPSs have been issued in several sectors including waste management, water industry and agriculture. If the conditions of the COVID-19 RPS are complied with, then the EA will not normally take enforcement action. For more information on COVID-19 RPSs, see Q&A: What does coronavirus (COVID-19) mean for environmental compliance in areas such as environmental permitting?

Relevant Legislation

EU Waste Framework Directive 2008/98/EC, Art 23 obliges Member States to require any establishment or undertaking intending to carry out waste treatment to obtain a permit from the competent authority.

Following Brexit, the Waste Framework Directive is not within the scope of ‘retained EU law’. Instead, certain ‘EU-derived domestic legislation’ implementing the directive is preserved.

Retained EU law is a legal concept describing EU-derived rights and legislation preserved by the UK following Brexit. It is a defined term under the European Union (Withdrawal) Act 2018 (EU(W)A 2018).

Directives may still be relevant for the purpose of understanding and interpreting certain provisions of retained EU-derived domestic legislation, particularly where they cross-refer to the underlying EU directive and where the cross-references provide details on how to read the underlying directive alongside the implementing legislation,

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