The Waste and Agriculture (Legislative Functions) Regulations 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies arising (in particular under section 8(2)(b) and (f)) from the withdrawal of the United Kingdom from the European Union.

The Regulations provide for legislative functions of the European Commission under various waste Directives to be exercisable instead by a public authority in the United Kingdom, and correct an error in existing provision for legislative functions relating to agriculture.

In Part 2—

• Chapter 2 contains a function from the Landfill Directive (Council Directive 1999/31/EC on the landfill of waste);

• Chapter 3 contains functions from the End-of-Life Vehicles Directive (Directive 2000/53/EC of the European Parliament and of the Council on end-of life vehicles);

• Chapter 4 contains functions from the Mining Waste Directive (Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries);

• Chapter 5 contains functions from the Batteries Directive (Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators);

• Chapter 6 contains functions from the Waste Framework Directive (Directive 2008/98/EC of the European Parliament and of the Council on waste);

• Chapter 7 contains functions from the WEEE Directive (Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE)).

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Part 3 contains procedural provisions and other supplementary matters relating to the regulation-making powers in Part 2.

Part 4 amends Regulation (EU) No 1306/2013 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy, insofar as it relates to common organisation of the markets and rural development measures (EUR 2013/1306) to insert the definition of “appropriate authority” and revokes an earlier amendment.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.