Paragraph 1

Paragraph 17 of Schedule 2 to the EPR 2016 is to be read as if it were modified as follows—

“Record keeping for exempt waste operations

17

(1)

This paragraph applies to every exempt waste operation, subject to sub-paragraph (2).

(2)

This paragraph does not apply in relation to an exempt waste operation where—

(a)

the waste operation falls within a description in paragraph U10 or U11, and

(b)

the establishment or undertaking is required to keep records in relation to the operation and the waste that is subject to that operation under the Nitrate Pollution Prevention Regulations 2015^f1 or the Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021^f2.

(3)

An establishment or undertaking which carries on an exempt waste operation to which this paragraph applies must—

(a)

keep chronological records of—

(i)

the quantity, nature and origin of all waste disposed of or recovered in the course of that operation,

(ii)

the quantity of products and materials resulting from preparing for re-use, recycling or other recovery operations in the course of that operation, and

(iii)

where relevant, the destination, frequency of collection, mode of transport and treatment method of all waste disposed of or recovered in the course of that operation,

(b)

where the waste operation falls within a description in paragraph T3, T7 or T17 and is carried on by waste mobile plant, keep records of the places where the operation is carried on, and

(c)

keep such other information in relation to the exempt waste operation as may be required by the exemption conditions applicable to that operation.

(4)

An establishment or undertaking must—

(a)

retain the records and information mentioned in sub-paragraph (3) for the duration of the valid registration period, and thereafter for one year beginning with the day that the valid registration period expires, and

(b)

during the whole of the period described in paragraph (a), make the records and information available to the exemption registration authority on request, by electronic means unless, in the particular circumstances, the exemption registration authority agrees otherwise.

(5)

For the purposes of sub-paragraphs (2)(a) and (3)(b), any reference to a waste operation falling within a description in a paragraph of Schedule 3 is, where appropriate, to be construed as a reference to the corresponding operation in relation to which exemption conditions apply.

(6)

In sub-paragraph (6), “corresponding operation in relation to which exemption conditions apply” means an operation described in Schedule 3 in relation to which the Agency has published deemed exemption conditions in accordance with Part 5 of the Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2026.”.