Applying EU Waste Framework rules EPA 1990 s. 75A
EPA 1990 s. 75A modifies the Waste Framework Directive in Great Britain, substituting domestic authorities and guidance for EU references and Member States.
For the purposes of this Part, the Waste Framework Directive is to be read in accordance with this section. A reference to one or more member States in a provision of the Waste Framework Directive imposing an obligation or conferring a discretion on a member State or member States is to be read as a reference to the appropriate authority, waste regulation authority or local authority which, immediately before IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion in respect of England, Wales or Scotland. Article 2 is to be read as if— in paragraph 2— in the words before point (a), for “other Community legislation” there were substituted “ assimilated law” ; in points (b) and (c), for “Regulation (EC) No 1774/2002 ” there were substituted “ Regulation (EC) No 1069/2009 ” ; in point (d), as it extends to England and Wales, for the words from “Directive 2006/21/EC ” to the end there were substituted “ the Mining Waste Directive ” ; for point (d), as it extends to Scotland, there were substituted— extractive waste, which has the same meaning as in regulation 2(1) of the Management of Extractive Waste (Scotland) Regulations 2010 (S.S.I. 2010/60). ; in paragraph 3, the words from “Without prejudice” to “Community legislation,” were omitted; paragraph 4 were omitted. Article 5 is to be read as if— in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted; after paragraph 1 there were inserted— 1A Any decision as to whether a substance or object is a by-product must be made— in accordance with any regulations setting out detailed criteria on the application of the conditions in paragraph 1 to specific substances or objects; and having regard to any guidance published by the appropriate authority or the waste regulation authority for the purposes of this Article. ; paragraphs 2 and 3 were omitted. Article 6 is to be read as if— in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted; after paragraph 1 there were inserted— 1A Any decision as to whether a substance or object has ceased to be waste must be made— in accordance with any regulations or assimilated direct legislation setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; and having regard to any guidance published by the appropriate authority or the waste regulation authority for the purposes of this Article. ; in paragraph 2— the first subparagraph were omitted; in the second subparagraph, for “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”; the third and fourth subparagraphs were omitted; paragraph 3 were omitted; in paragraph 4— in the first subparagraph— in the first sentence, for the words from the beginning to “Member State”, there were substituted “Where criteria have not been set out as referred to in paragraph 1A(a), the waste regulation authority”; the second sentence were omitted; in the second subparagraph— for “Member States” there were substituted “The waste regulation authority”; “by competent authorities” were omitted. Article 7 is to be read as if— before paragraph 1 there were inserted— A1 In this Article, the “list of waste” means the list contained in the Annex to Commission Decision 2000/532/EC , as that list has effect in England, Wales or Scotland (as the case may be). ; in paragraph 1— the first and second sentences were omitted; for the third sentence there were substituted “The list of waste shall, except as provided in Commission Decision 2000/532/EC , be binding as regards determination of the waste which is to be considered as hazardous waste or as non-hazardous waste.”; paragraphs 2, 3, 6 and 7 were omitted. Annex 3 is to be read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted. In this section— “ appropriate authority ” means— in relation to England, the Secretary of State; in relation to Wales, the Welsh Ministers; in relation to Scotland, the Scottish Ministers; “ local authority ” means— in England outside Greater London— a district council, a county council, or the Council of the Isles of Scilly; in Greater London— the council of a London borough, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple, or the Under-Treasurer of the Middle Temple; in Wales— a county council, or a county borough council; in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This provision adapts the Waste Framework Directive to function within domestic legislation across England, Wales, and Scotland. References in the directive to European Union member States are converted to refer to the relevant domestic authority—such as the Secretary of State in England, Welsh Ministers in Wales, or Scottish Ministers in Scotland—or to local waste regulation authorities.
It alters specific directive articles, including Articles 2, 5, 6, and 7. Decisions on whether a substance is a by-product rather than waste under Article 5, or has achieved end-of-waste status under Article 6, must be made following domestic regulations, assimilated direct legislation, and published official guidance.
Article 7 is modified so that the list of waste in Commission Decision 2000/532/EC remains binding for deciding whether waste is hazardous or non-hazardous within England, Wales, and Scotland.
When it applies
- A timber mill owner checks published guidance to see if untreated wood offcuts qualify as a non-waste by-product under Article 5.
- A recycling plant operator relies on guidance from the waste regulation authority to determine if processed aggregates meet end-of-waste criteria under Article 6.
- An industrial site manager classifies site waste as hazardous or non-hazardous using the list in Commission Decision 2000/532/EC.
- A waste operator identifies whether the Secretary of State, Welsh Ministers, or Scottish Ministers hold authority over directive duties in their jurisdiction.
What this section does not say
- Defining standard statutory categories of household, commercial, or industrial waste, which is covered under epa1990s.75.
- Enforcing civil liability for damage caused by unlawful waste deposits, which is addressed in epa1990s.73.
- Regulating radioactive waste exemptions, which is governed by epa1990s.78.
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This page reproduces the text of EPA 1990 s. 75A in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.