The noble Baroness is absolutely right. It is in reference to Article 11(2) of the waste framework directive, which is still referred to in domestic legislation with the modifications that have been made in this instrument. The 50% household waste recycling target is already part of our statute. I understand what she says: she thinks that “implementation” is stronger than “progress”. But because it is already in statute, it is still going to have to deal with whatever references are contained in Article 11(2). There will still be the same requirements of that directive in setting out whether the target has been attained and any other relevant information.
The noble Baroness referred to the environment Bill, which clearly everyone is waiting for. Everyone will be waiting for the new independent body—the office of environmental protection, with its powers to review and take action in relation to the attainment of this target. We will definitely need to attend to those points.
I also have some references, which I have mentioned before. It is understood that with the environment Bill not being on the statute book until sometime in the second Session, while I am not in a position today to talk about the form of that body, the Government have made it absolutely clear that there will be no governance gap. If there were any issues between the day of exit and the day of that office having legal authority, it would be in a position to act on it with full authority. Clearly, the body needs to have a legal entity but, in the meantime, interim arrangements will be announced should there be a governance gap. Obviously we are seeking a deal. I think noble Lords realise that everyone wants a deal, meaning that there would not be a governance gap, but if there is a need to ensure that these matters are attended to, announcements would be made.
Perhaps I should not quibble about the word, but I had better use it again and refer to the “progress” report. We will publish, as we do, yearly statistics setting out the UK and devolved Administrations’ progress towards meeting the 50% recycling target. We need to do it.
I am afraid that I did not realise my noble friend Lady Neville-Rolfe has been here since the beginning of the debate. I am sorry. I would have expected her to say something before. These statutory instruments are absolutely to do with operability. We will need to attend to a range of areas through the resources and waste strategy and the clean growth strategy. As I said, work is going on in the public and private sectors to ensure that we move quickly to a circular economy so that we are less wasteful as human beings.
On efficiencies and transitional provision for EMAS, EMAS Global is the European Commission’s answer to allowing non-member states to enter and place goods on the market in accordance with the management standards set out in EMAS. Those are the arrangements as I understand them.
The noble Baroness, Lady Jones, mentioned the wording “appropriate authority”. This wording has been used more frequently in exit SIs where modifications have been made to EU directives. By their nature, directives often place obligations on a number of different authorities, and we need to maintain that effect. In other EU regulations, decisions are placed
more firmly on a finite set of authorities and bodies. In those cases, EU exit legislation will refer specifically to the authority in question.
On poultry and the connection between extractive waste and animal health, given the reference in Regulation 9, I should say to the noble Baroness, Lady Jones, that the reference to EU poultry legislation relates to modifications to the industrial emissions directive which is further down the page. The connection between the two is that the industrial emissions directive applies to pollution arising from industrial activities. One of those activities, which is described further at 6.6 of Annexe 1 of the industrial emissions directive, is the intensive rearing of poultry and pigs. I hope that explains how that appears on that page.
The noble Baroness, Lady Bakewell, raised hazardous waste. Annexe 3 of the waste framework directive sets out the definition of waste which can be classed as hazardous. The statutory instrument makes provision in law to allow reference to Annexe 3—I am sorry, I will have to set that out more clearly—in delivering what waste can be considered hazardous. I have an awful feeling that my official must have been a doctor in another life—prescriptions for chemists are always interesting. I should declare that I have three godchildren who are doctors.
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As to who and what are the verifiers that will replace the EU bodies, in the case of end of waste, UK-based conformity assessment bodies—CABs—can take on the role of verifier to assess whether producers and suppliers have the appropriate management systems in place. We are confident they have sufficient expertise because the option to verify a management system through a UK-based CAB already exists and is currently used by producers and suppliers. Previously, this could be done through either a UK-based CAB or an accredited EU-based body, referred to in the statutory instrument as “any other environmental verifier”. The SI will remove this second option so that, after exit day, verification will be done only through a UK body.
Three verifiers are accredited by the UK Accreditation Service—UKAS. These independently verify that the environmental management system—EMS—and the environmental statements prepared by organisations applying to be registered with the EU eco-management audit system meet the conditions for being part of the scheme. For example, for an EMS to meet the requirements of the ISO 14001, internal audits will be undertaken, including checks on legal compliance, environmental performance improvements and environmental statements. Arrangements are in place, but I will look at whether any further details would be helpful.
I want to respond on one further issue. We are not weakening our environmental protection. We will maintain, and wish to enhance, our already high environmental standards. The EU withdrawal Act will ensure existing EU environmental law continues to have effect in UK law. We are absolutely clear that this is a technical instrument to ensure that the law is operable. In every case, there is no change to policy or to the environmental standards already in place. We have a lot of work to do on enhancing the environment,
and the reduction of waste and moving to a circular economy is a clear component of that. We want to ensure that this country is in a better state than when we inherited it. It is important we make sure that this operability SI is successful.