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Explanatory Note

(This note is not part of the Regulations)

These Regulations make amendments to various enactments which define waste “recovery” by reference to Directive 2008/98/EC of the European Parliament and of the Council on waste (OJ No L 312, 22.11.08, p 3) (“the Waste Framework Directive”). Annex II to the Waste Framework Directive was amended by Commission Directive (EU) 2015/1127 (OJ No L 184, 11.07.15, p 13), adding a climate correction factor into the energy efficiency formula used to determine whether an incineration facility dedicated to the processing of municipal solid waste is considered a recovery operation (recovery operation “R1” in Annex II).

These Regulations implement Commission Directive (EU) 2015/1127 by updating relevant references to the Waste Framework Directive. The effect of section 20A of the Interpretation Act 1978 (c.30) is that each updated reference to the Waste Framework Directive is to the Waste Framework Directive as last amended by Commission Directive (EU) 2015/1127.

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