Draft Waste and Agriculture (Legislative Functions) Regulations 2022

(Limited Text - Ministerial Extracts only)

Wednesday 9th February 2022 General Committees

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Jo Churchill)]

I beg to move,

That the Committee has considered the draft Waste and Agriculture (Legislative Functions) Regulations 2022.

It is a pleasure to serve under your chairmanship, Mr Bone. This draft statutory instrument was laid before the House on 13 January. It makes small but crucial changes to repatriate powers to the UK and to correct an error in a previous agriculture SI by restoring an accidentally omitted definition of “appropriate authority”. The instrument covers two areas: waste management and agriculture. I will take each in turn.

First, on waste management, the draft instrument will transfer powers, relating to several directives concerning waste, from the European Commission to the Secretary of State. Where appropriate, those powers are also transferred to the devolved Administrations. The powers will give the Secretary of State and, where appropriate, the devolved Administrations the ability to make regulations to set various technical standards, criteria, thresholds and conditions. The instrument will make parts of retained EU law functional again and does not introduce new policy.

All the standards are currently operational, and we do not anticipate the need to alter them in the near future, although there may be a need to amend them looking forward. For instance, without the amendments made by this SI, we would not be able to make regulations to take account of a superior waste treatment method, if one were developed, so our high environmental standards would be weakened.

I will briefly outline the power or powers being transferred from each EU directive. Regulation 5 will transfer the powers to set standards for the sampling of waste going into landfill from the landfill directives. Regulations 6 to 9 will transfer powers from the end-of-life vehicles directive: to update and modify exemptions covering the use of certain heavy metals in vehicles, based on scientific or technical progress; to specify minimum requirements for the certificate of destruction for waste motor vehicles; to modify conditions for storage and treatment of waste motor vehicles in line with scientific or technical progress; and to specify material and component coding standards for vehicles.

Regulations 10 and 11 will transfer powers from the mining waste directive to modify non-essential elements, such as guidelines for inspecting waste facilities and sampling methods, and to update regulations in line with scientific and technical progress. Regulations 12 and 13 will transfer powers from the batteries directive to specify export criteria and to grant exemptions from labelling requirements for batteries and accumulators.

Regulations 14 through to 17 will transfer powers from the waste framework directive: powers to prescribe detailed criteria for what substances may be considered a by-product of a manufacturing process, rather than a waste product, whereupon it can be sold or treated differently; powers to prescribe detailed criteria for when waste may no longer be considered waste, such as if a substance can be put to a more useful purpose elsewhere; and powers to specify the application of the formula for incineration facilities.

Regulations 18 through to 20 will transfer powers from the waste electrical and electronic equipment directive to update the following: selective minimum treatment technologies for waste electrical and electronic equipment, or WEEE; the technical requirements for WEEE treatment and storage operations; the non-exhaustive list of products listed as falling into each of the categories specified in the WEEE directive; and the crossed-out wheel bin symbol being transferred from the waste electrical and electronic equipment directive. The powers could, for example, be used to tighten the treatment requirements of substances in WEEE found to be hazardous to health and the environment.

The powers, apart from those relating to the battery and mining waste directives, apply in England, Wales, Scotland and Northern Ireland. The powers relating to the battery and mining waste directives will apply in England, Wales and Scotland, but not Northern Ireland.

I will now briefly cover the draft instrument’s effect on agriculture-related legislation. The instrument will amend regulation EU 1306/2013 of the European Parliament and of the Council as it relates to the organisation of common market and rural development measures to correct an error. Regulation-making powers from that regulation were previously transferred to the Secretary of State and their counterparts in the devolved Administrations by three EU exit SIs.

However, the effect of the interactions between the three SIs has resulted in said regulation no longer containing a definition of “appropriate authority” in relation to the financing, management and monitoring of the organisation of common markets and rural development measures. This instrument therefore reinserts the definition of “appropriate authority” into article 2 of regulation EU 1306/2013 and revokes the ineffective definition in the previous EU exit SI, the Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020, to correct the deficiency.

No impact assessment has been prepared for this instrument because the instrument only repatriates powers to the UK and corrects an accidental omission in a previous EU exit SI. The impacts will be considered if the regulations are made using the repatriated powers. Safeguards are provided through a requirement in relation to the waste-related powers to consult appropriate authorities and such other persons as the Secretary of State or the devolved authorities consider appropriate before making regulations under these powers.

Any regulations made under the powers would receive parliamentary scrutiny through the negative procedure except for the one agriculture-related power to make regulations in the event of an emergency to make payments to the beneficiaries. This allows the use of the urgent affirmative procedure when it is both necessary and justifiable, to ensure that beneficiaries can be paid. I commend the regulations to the Committee. [Interruption.]

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[Jo Churchill]

I will address the WEEE regulations first. We are currently reviewing those regulations to find ways to drive up collection for reuse and recycling, encouraging better eco design and ensuring that manufacturers and retail, including online marketplaces, take greater responsibility—something we have often spoken about. We will consult on the proposals in the summer and the consultation will also be on behalf of the devolved Administration at that point. As the hon. Member for Newport West knows, my door is always open. I would be happy to speak to others about how we can best work together. Although we all have jurisdiction on waste in our own areas, consistency around what we do benefits not only the industry but individuals.

If the hon. Member for West Dunbartonshire will excuse me, I will write to him rather than hold the Committee up, as his question involved a degree of complexity. We will make sure that we respond, but in short I do not anticipate the problem. I believe that Scotland would like to use the powers resulting from the directive change shortly. It is important that we build consistency and flexibility—that is my short answer, but we will write to the hon. Gentleman to cover it off completely.

I thank the hon. Members for Newport West and for West Dunbartonshire for their helpful contributions. Now that we have left the European Union it is essential that legislation should reflect this new future. I trust that hon. Members accept the need for this instrument and I thank them for saying that they will make no objection.

The instrument makes small, crucial changes to repatriate powers and correct an additional accidental omission in a previous EU exit SI. The instrument will make it possible to swiftly update technical standards, criteria and thresholds in the field of waste management to reflect the latest developments and ensure that high environmental standards are maintained. It will also ensure that our agricultural legislation regarding the organisation of common markets and rural development measures functions as intended.

Once again, I thank hon. Members. I associate myself with the hon. Member for Newport West’s comments about staff, who work diligently behind the scenes and very often do not get thanked. I thank them for their support of the Committee today. I hope that the Committee will join me in supporting the regulations.

Question put and agreed to.