Official Report: Minutes of Evidence

The Chairperson (Ms Ferguson): I welcome, from the Department of Agriculture, Environment and Rural Affairs, Shane Doris, director of environmental resources policy division, and Keith Carlisle, policy lead. Thank you for coming along this morning, gentlemen. I ask you to brief the Committee when you are ready.

Mr Keith Carlisle (Department of Agriculture, Environment and Rural Affairs): Thank you, Chair, for your introductions. I am grateful to the Committee for allowing us to present our initial assessment. We are here to talk about regulation (EU) 2026/1703, amending regulation (EU) 2024/1157 as regards the prohibition on the export of mixed municipal waste destined for recovery. The initial regulation (EU) 2024/1157 entered into force in May 2024 and, following the democratic scrutiny period under schedule 6B to the Northern Ireland Act 1998, which included engagement with this Committee at the time, the regulation applies fully in Northern Ireland.

Specifically, regulation (EU) 2026/1703 amends point (f) of article 44(2) of regulation (EU) 2024/1157. The amendment introduces an exception for Switzerland to the existing EU ban on exporting mixed municipal waste to third countries for recovery.

Article 44 sets out the general regime for exports of waste. From May 2026, point (f) prohibited the export from the EU of mixed municipal waste destined for recovery in third countries. The amendment — regulation (EU) 2026/1703 — introduces an exception for Switzerland. The article will now read:

That exception will apply from the date the amending regulation comes into force. Without this amendment, transfers of mixed municipal waste from EU border areas to nearby treatment facilities in Switzerland would no longer be authorised. That would end a long-established practice involving facilities in Switzerland where high standards of waste management are maintained. DAERA officials consider that regulation (EU) 2026/1703, and the consequent amendment to point (f) of article 44(2) of regulation (EU) 2024/1157, do not introduce substantive policy change specific to Northern Ireland, and that the regulation is primarily narrow and technical.

As the regulation addresses an issue relating to a long-standing practice between Switzerland and bordering EU member states, it does not appear likely that applying regulation (EU) 2026/1703 would have a significant impact specific to the everyday lives of communities in Northern Ireland in a way that is likely to persist. For the same reason, it does not appear likely that the non-application of the regulation (EU) 2026/1703 would have a significant impact specific to the everyday lives of communities in Northern Ireland in a way that is liable to persist. Currently, Northern Ireland does not export mixed municipal waste to any non-EU countries. However, if the regulation were not applied, such waste shipments could not be sent to Switzerland in the future, if that was something that Northern Ireland wanted to do.

I move now to the origin of the regulation. The motivation for the change appears to have been a question raised by an MEP who highlighted the decades-long cooperation between EU member states and Swiss waste incineration plants, the economic value of the short transport routes by rail, the contribution to Swiss energy generation and district heating supply, and the avoidance of heavy goods vehicle traffic travelling to Germany.

No explanatory memorandum has been prepared by the UK Government, and the European Commission has not prepared an impact statement. Presumably, that reflects the narrow and technical nature of the regulation. There has been no engagement by the Department on this regulation. The Department was only made aware of the regulation when it was published in the Official Journal of the European Union on 10 July 2026. That is considered to reflect the narrow and technical nature of the regulation.

Thank you for your time, Committee. I am happy to take questions.

The Chairperson (Ms Ferguson): Thank you, Keith. Does any member have a question? No? There are no questions. Thank you, Keith and Shane, for coming along and for providing and presenting your paper. We appreciate it.