Call for Evidence

Terms of Reference

Various legislative powers that used to be made at a European Union (EU) level have returned to the UK. Many of these powers relate to policy areas that are devolved to the administrations in Northern Ireland, Wales and Scotland. There is therefore a much greater possibility of future policy divergence across the UK in policy areas that were once strongly aligned through membership of the EU. 

The UK Government has worked with its devolved partners to design various “Common Frameworks” (CFs). Where policies do diverge, these CFs provide a mechanism for UK and devolved governments to reach agreements in order to: 

• enable the functioning of the UK internal market, whilst acknowledging policy divergence 
• ensure compliance with international obligations 
• ensure the UK can negotiate, enter into and implement new trade agreements and international treaties 

• enable the management of common resources 
• administer and provide access to justice in cases with a cross-border element 
• safeguard the security of the UK 

Many Common Frameworks have already been published and subjected to parliamentary scrutiny. For background on the scrutiny process so far, see this article by the House of Lords Library and the most recent report by the Common Frameworks Scrutiny (CFS) Committee, a House of Lords Committee responsible for scrutinising Common Frameworks in general. 

On 19 December 2022, the Government published the Resources and Waste provisional Common Framework. This has been agreed by all the devolved administrations and has been laid before the UK Parliament for scrutiny.  

Previously, the EU legislated in the Resources and Waste policy area through a variety of Directives and Regulations, now part of EU Retained Law, as set out on pages 2-3 of the provisional CF. Some examples include the Waste Framework Directive (2008/98/EC); the Landfill Directive (99/31/EC); the WEEE Directive (2011/19/EU); the EU Waste Shipment Regulation (1013/2006/EC); the Single Use Plastic Directive (Directive (EU) 2019/904); the Ecodesign Directive (2009/125/EC); and the Environmental Crime Directive 2008/99/EC. There are other pieces of legislation set out in the provisional CF. 

The Environment, Food and Rural Affairs Committee would like to gather stakeholder opinion on the potential effectiveness of the Resources and Waste provisional Common Framework as well as its impact on the UK internal market and organisations in England. 

We invite submissions answering the following questions, thinking specifically about the impact on organisations that either work solely in England, or in England and one or more of the devolved nations: 

1. Are the processes outlined in the Resources and Waste provisional Common Framework sensible or will they present any practical challenges or unnecessary burdens for stakeholders?                                                   
2. Will the Common Framework strike the right balance between enabling “the functioning of the UK market” while also allowing for policy divergence and enabling the UK to enter into and implement international agreements?                                                                                                                                                 
3. Should the Common Framework set out further policy detail and if so where?                                                   
4. What risks are posed by policy divergence in resources and waste policy and does this provisional Common Framework address these concerns?                                                                                                          
5. Will the Common Framework help the UK move towards a circular economy for its waste and resources?              
6. Are there any other notable observations relating to the content of the framework that may warrant Committee scrutiny, including any proposed changes or additions to the framework? 

The deadline for submissions (that may cover some or all of the above points) is 00.01am on 6 May 2023.