Brexit - environment waste questions & answers

All environmental protections that are currently in place, will continue to exist at the end of the transition period and therefore current waste permits and licences will apply and continue to operate in the same way as they do now.

Our commitment to the environment does not change and therefore the NIEA expects industry to continue to meet and comply with the conditions of their authorisations and have business continuity arrangements in place to do so.

The content on this web page is correct as of today's date and is based on the information available at this time. Regular updates will be made so please continue to check back for updates.

Will NI/UK leaving the EU, affect my company’s ability to export/import wastes to and from the EU or GB?

When we leave the EU, the UK will remain party to the Basel Convention and will be a member of the Organisation for Economic Co-operation and Development (OECD).  The regulatory agencies across the UK, including the Northern Ireland Environment Agency (NIEA) will continue to implement the international rules contained in these agreements. The current waste shipment regulations and procedures still apply. As a result of EU Exit and the implementation of the Northern Ireland Protocol, there may be changes to border controls which could have future impacts on the waste supply chain.  Protection of the environment and human health will though remain foremost.

Waste Controls between NI and EU: Movements of waste between NI and EU Countries will continue without interruption as NI will continue to comply with EC Regulation 1013/2006 on Shipments of Waste under the Northern Ireland Protocol so operators can continue to move waste under their present processes without any changes being required.

Controls from NI to GB: There will be no changes to the present controls for the movement of waste materials from NI to GB. This means that going forward the present controls in place for non-hazardous waste and hazardous waste will continue.

Controls from GB to NI: The future controls covering the movements of waste from GB to NI are still to be confirmed. Information will be provided when available.

The UK government has published advice on importing and exporting waste from 1 January 2021 which is available at: Importing and exporting waste from 1 January 2021

Environmental protections that are currently in place, will continue to exist and existing waste permits and licenses will apply in the same way as they do now. Therefore, NIEA expects industry to continue to meet the conditions of their authorisations and have business continuity arrangements in place to do so.

As with impacts due to ongoing COVID 19 issues, NIEA recognises that the end of the Transition period on the 31 December 2020 may also lead to potential compliance difficulties for waste operators in the coming months.  As part of our contingency arrangements Regulatory Position Statements (RPSs) have been prepared and shared between the UK Agencies.  The aim of these is to enable the waste industry to continue to function.  This will be achieved by: ensuring a level playing field across UK waste regulation and continued legally supported protection of the environment.  These RPSs are available on the DAERA website at: https://www.daera-ni.gov.uk/landing-pages/daeras-and-nieas-regulatory-response-covid-19 . Any operator seeking to avail of a temporary change to their authorisation must seek prior written agreement from NIEA.

If you are concerned that you will not be able to comply with your authorisation, specific advice can be obtained by contacting your local waste inspector, or by contacting NIEA on Tel. No. 02890 569353.

Exports may not be able to get out through the ports.  As a result, my company may have problems with the storage of significant volumes of wastes.  What can I do?

NIEA are engaging with the waste sector and are working with them to identify those waste operators and sites, as well as local authorities that may be exposed to greater risk in the event of a disruption to waste exports.  Operators should be undertaking contingency planning, for the possibility that they might not be able to clear their site of waste as quickly as normal. Sites already operating at or close to their storage limits, which are reliant upon waste exports, will be prioritised for visits, to offer advice regarding storage and to ensure compliance. This includes assessing the environmental risks of any waste operation.  This may include odour and amenity issues, where additional waste might be being stored in the run up to and following EU Exit. NIEA Regulatory Officers are also continuing to undertake routine inspection work and in doing so will also provide advice where appropriate on maintaining compliance.  

A waste authorisation will apply in the same way as it does now, when we leave the EU.  Operators are expected to continue to meet their conditions.  This is true whether we leave the EU, with or without a Deal.  Operators will need to establish whether any actions they take to prepare for a No Deal EU Exit, are compatible with the requirements of their authorisation.  If an operator has additional waste on site, or waste is on site for longer than expected pending export, disposal or management, the operator will need to consider the possible environmental impacts, including amenity issues.  Operators must make sure that these are properly controlled and mitigated, and the NIEA Regulator is kept informed.

As with impacts due to ongoing COVID 19 issues, NIEA recognises that the end of the Transition period on the 31 December 2020 may also lead to potential compliance difficulties for waste operators in the coming months.  As part of our contingency arrangements Regulatory Position Statements (RPSs) have been prepared and shared between the UK Agencies.  The aim of these is to enable the waste industry to continue to function.  This will be achieved by, ensuring a level playing field across UK waste regulation and continued legally supported protection of the environment.  These RPSs are available on the DAERA website at: https://www.daera-ni.gov.uk/landing-pages/daeras-and-nieas-regulatory-response-covid-19. Any operator seeking to avail of a temporary change to their authorisation must seek prior written agreement from NIEA.

If you are concerned that you will not be able to comply with your authorisation, specific advice can be obtained by contacting your local waste inspector, or by contacting NIEA on Tel. No. 02890 569353..

I may lose a significant portion of my work force at short notice.  As a result, I may not be able to process wastes and my site will become overloaded.  What can I do?

Operators should be undertaking contingency planning for the possibility that they might not be able to maintain their normal staffing levels and therefore unable to clear their site of waste, as quickly as normal.

As with impacts due to ongoing COVID 19 issues, NIEA recognises that the end of the Transition period on 31 December 2020 may also lead to potential compliance difficulties for waste operators in the coming months.  As part of our contingency arrangements Regulatory Position Statements (RPSs) have been prepared and shared between the UK Agencies.  The aim of these RPSs is to enable the waste industry to continue to function.  This will be achieved by, ensuring a level playing field across UK waste regulation and continued legally supported protection of the environment.  These RPSs are available to view on the DAERA website at https://www.daera-ni.gov.uk/landing-pages/daeras-and-nieas-regulatory-response-covid-19Any operator seeking to avail of a temporary change to their authorisation must seek prior written agreement from NIEA.

If you are concerned that you will not be able to comply with your authorisation, specific advice can be obtained by contacting your local waste inspector, or by contacting NIEA on Tel. No. 02890 569353..

I may find it difficult to comply with the current legislation, or my permit conditions.  What do I do?

Our commitment to the environment does not change with EU exit.  Those environmental protections that are currently in place, will continue to exist after EU Exit.  Existing waste permits and licences will apply in the same way when we leave the EU, as they do now.  Therefore, the NIEA expects industry to continue to meet the conditions of their authorisations.  This is true whether we leave the EU with a Deal, or without a Deal. NIEA is monitoring this situation closely and will provide advice appropriate to the situation.  The protection of the environment and human health will remain foremost.  Existing consents issued by UK competent authorities, which authorise the export of waste to EU countries, will remain valid in the event of Deal or No Deal. 

DAERA recognises that, waste businesses may face challenges to their operational activity during this period.  Operators should therefore be undertaking contingency planning, for the possibility that their operation may be impacted by EU Exit and seek to identify measures to mitigate against these. However, it must be emphasised that any actions you take to address these challenges, must take into account the relevant legislative requirements and permit conditions.  Failure to comply with the relevant legislation, or permit conditions, may result in enforcement action being taken against you.  You are therefore encouraged to engage with NIEA, as soon as possible, with regard to any concerns you may have, with regard to your ability to comply with current legislation or meet your permit conditions.

As with impacts due to ongoing COVID 19 issues, NIEA recognises that the end of the Transition period on the 31 December 2020 may also lead to potential compliance difficulties for waste operators in the coming months.  As part of our contingency arrangements Regulatory Position Statements (RPSs) have been prepared and shared between the UK Agencies.  The aim of these is to enable the waste industry to continue to function.  This will be achieved by, ensuring a level playing field across UK waste regulation and continued legally supported protection of the environment.  These RPSs are available to view on the DAERA website at: https://www.daera-ni.gov.uk/landing-pages/daeras-and-nieas-regulatory-response-covid-19Any operator seeking to avail of a temporary change to their authorisation must seek prior written agreement from NIEA.

If you are concerned that you will not be able to comply with your authorisation, specific advice can be obtained by contacting your local waste inspector, or by contacting NIEA on Tel. No. 02890 569353..

What do I do if I suspect waste crime? 

We are committed to the environment and to tackling waste crime.  We will continue to detect, prevent, disrupt and enforce against the highest environmental threat, risk and harm.  Anyone who suspects criminality in the waste industry, should contact the Northern Ireland Environment Agency on 02890 569453, or anonymously via Crimestoppers on 0800 555 111.

What about sites regulated by the Industrial Pollution and Radiochemical Inspectorate?

If your waste contractor is indicating difficulties with disposing of your waste please contact your PPC Site Inspector on Tel. No. 028 9056 9299

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