Consultation on the Separate Collection of Waste Materials for Recycling – A Code of Practice for Wales (Revised)

Date of issue: 30 July 2025

Action required: Responses by 22 October 2025

The purpose of this Wales-only consultation is to seek your views on proposed revisions to the Separate Collection of Waste Materials for Recycling – A Code of Practice for Wales (“the code”).

The revised code will be issued under section 45AB of the Environmental Protection Act 1990 (“EPA”) in relation to the separate collection of waste under section 45AA of the EPA.

Prior to issuing a revised code, the Welsh Ministers must consult such persons as they think appropriate, as per section 45AB(4) of the EPA 1990. This consultation is being carried out in compliance with that duty.

The responses to this consultation will inform the final drafting of revisions to the code and the planned amendments to the Waste Separation Requirements (Wales) Regulations 2023.

Please complete the on-line questionnaire or the questionnaire at the end of the document. Responses can be submitted by email or post to the addresses below by 22 October 2025. 

Large print, Braille and alternative language versions of this document are available on request.

Separate collection of waste materials for recycling: a code of practice for Wales

Increasing recycling by businesses 

Email: 
RecyclingReformsConsultations@gov.wales, or  YmgyngoriadauDiwygiadauAilgylchu@llyw.cymru 

Post: 

Resource Efficiency and Circular Economy Division 
Welsh Government
Crown Buildings 
Cardiff 
CF10 3NQ

Mae’r ddogfen yma hefyd ar gael yn Gymraeg / This document is also available in Welsh.

UK General Data Protection Regulation (UK GDPR)

The Welsh Government will be data controller for Welsh Government consultations and for any personal data you provide as part of your response to the consultation. 

The Welsh Ministers have statutory powers they will rely on to process this personal data which will enable them to make informed decisions about how they exercise their public functions. The lawful basis for processing information in this data collection exercise is our public task; that is, exercising our official authority to undertake the core role and functions of the Welsh Government (Art 6(1)(e)). 

Any response you send us will be seen in full by Welsh Government staff dealing with the issues which this consultation is about or planning future consultations. In the case of joint consultations this may also include other public authorities. Where the Welsh Government undertakes further analysis of consultation responses then this work may be commissioned to be carried out by an accredited third party (e.g. a research organisation or a consultancy company). Any such work will only be undertaken under contract. Welsh Government’s standard terms and conditions for such contracts set out strict requirements for the processing and safekeeping of personal data.

In order to show that the consultation was carried out properly, the Welsh Government intends to publish a summary of the responses to this document. We may also publish responses in full. Normally, the name and address (or part of the address) of the person or organisation who sent the response are published with the response. If you do not want your name or address published, please tell us this in writing when you send your response. We will then redact them before publishing.

You should also be aware of our responsibilities under Freedom of Information legislation and that the Welsh Government may be under a legal obligation to disclose some information.

If your details are published as part of the consultation response then these published reports will be retained indefinitely. Any of your data held otherwise by Welsh Government will be kept for no more than three years.

Your rights

Under the data protection legislation, you have the right:

• to be informed of the personal data held about you and to access it
• to require us to rectify inaccuracies in that data
• to (in certain circumstances) object to or restrict processing
• for (in certain circumstances) your data to be ‘erased’
• to (in certain circumstances) data portability
• to lodge a complaint with the Information Commissioner’s Office (ICO) who is our independent regulator for data protection

For further details about the information the Welsh Government holds and its use, or if you want to exercise your rights under the UK GDPR, please see contact details below:

Data Protection Officer
Welsh Government
Cathays Park
Cardiff
CF10 3NQ

e-mail: dataprotectionofficer@gov.wales

The contact details for the Information Commissioner’s Office are: 

Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF

Tel: 0303 123 1113
Website: https://ico.org.uk/

The purpose of this Wales-only consultation is to seek views on proposed revisions to the Separate Collection of Waste Materials for Recycling – A Code of Practice for Wales (“the code”). The proposed revisions to the code:

• reflect planned amendments to the Waste Separation Requirements (Wales) Regulations 2023 to implement the previously consulted upon commitment to bring in a requirement for non-domestic premises to present small waste electrical and electronic equipment (“sWEEE”) for separate collection by April 2026. Currently, only unsold sWEEE must be separated. As this policy has already been consulted upon and committed to, it is outside the scope of this consultation. Views are therefore only sought on the changes necessary to the code to reflect this new requirement. The revisions to the code have been made in anticipation of the proposed amending regulations being approved by the Senedd
• include minor updates within the original policy scope to improve clarity and consistency following feedback since implementation of the Workplace Recycling Regulations in April 2024

The responses to this consultation will inform the final drafting of revisions to the code and the planned amendments to the Waste Separation Requirements (Wales) Regulations 2023.

The “Workplace Recycling Regulations” is the collective name given to the three regulations that brought into effect a series of reforms to the separation, collection and disposal of waste from non-domestic properties. The relevant regulations are listed below and came into force on 6 April 2024:

• The Waste Separation Requirements (Wales) Regulations 2023
• The Prohibition on the Incineration, or the Deposit in Landfill, of Specified Waste (Wales) Regulations 2023
• The Prohibition on Disposal of Food Waste to Sewer (Civil Sanctions) (Wales) Order 2023

A summary of the separation requirements under the Waste Separation Requirements (Wales) Regulations 2023 (the subject of the code) is provided below:       

• occupiers of non-domestic premises (including businesses, charities and public sector bodies) must present specified recyclable materials for collection separately from each other and from residual waste
• those that collect the materials to collect them by means of separate collection and to keep them separate       

Currently, the minimum specified recyclable materials for separate presentation are:       

• glass
• plastics and metals, cartons and other fibre-plastic composite packaging of a similar composition 
• paper and card
• food waste (for premises producing more than 5kg per week) 
• unsold small waste electrical and electronic equipment, and
• unsold textiles       

The public consultation for the Workplace Recycling Regulations, held in 2019, originally proposed that non-domestic premises should be required to present small waste electrical and electronic equipment (“sWEEE”) separately for collection and onwards recycling. However, a follow up consultation held between November 2022 and February 2023 consulted on a revised proposal to phase in the separation and collection requirements for sWEEE up to two years after the original coming into force date (i.e. by April 2026). Following this consultation, the Minister for Climate Change at the time confirmed in a Written Ministerial Statement that the Welsh Ministers would proceed with this proposal. Currently only unsold sWEEE must be separated.

Therefore, the Welsh Ministers intend to amend, through new regulations, the Waste Separation Requirements (Wales) Regulations 2023 to deliver this already consulted upon commitment.

Subject to the proposed amending regulations being approved by the Senedd, from 6 April 2026, the minimum specified recyclable materials for separate presentation will be:       

• glass
• plastics and metals, cartons and other fibre-plastic composite packaging of a similar composition 
• paper and card
• food waste (for premises producing more than 5kg per week) 
• small waste electrical and electronic equipment, and
• unsold textiles     

The previous consultations referred to are provided below for reference:

• Separate collection of waste materials for recycling: a code of practice for Wales
• Increasing recycling by businesses 

A draft revised code accompanies this consultation document. 

Planned change to the code to capture sWEEE 

The code has been updated throughout to reflect planned amendments to the Waste Separation Requirements (Wales) Regulations 2023 so that from 6 April 2026 non-domestic premises will be required to present sWEEE separately for collection and onwards recycling. Currently only unsold sWEEE must be separated.  

The proposed revised description of this waste stream within the Waste Separation Requirements (Wales) Regulations 2023 and the code is:

• small waste electrical and electronic equipment

Accordingly, references in the code to ‘unsold’ sWEEE have been removed. This description will encompass unsold sWEEE. 

Proposed amendments to the annexes of the code 

Annexes 1 to 6 of the code provide lists of the sub-fractions that should and should not be placed within the six specified recyclable waste streams; paper and card; cartons, metal, and plastic; glass; food; sWEEE and unsold textiles. 

The sub-fractions listed in these annexes are expected to evolve and change over time based on expert stakeholder feedback, the introduction of new packaging materials, improvements to recycling technologies and to accommodate interoperability with other legislative mechanisms. 

Within the cartons, metals and plastics recyclable waste stream, feedback from stakeholders has identified that expanded polypropylene is not currently easily or routinely separated from other sub-fractions within this waste stream and therefore this material is not currently commonly recycled or recycled at scale.

We are therefore proposing an amendment to Annex 2 of the code to remove expanded polypropylene as a material that should be placed in the cartons, metal and plastic recyclable waste stream. Removing expanded polypropylene from Annex 2 would also require an amendment to the Waste Separation Requirements (Wales) Regulations 2023.

In addition, stakeholders have sought clarity on whether or not blister packaging commonly used for pharmaceuticals and other tablets should be placed in the cartons, metal and plastic recyclable waste stream.  As blister packaging is not commonly recycled, and instead requires specialist re-processing, we are proposing to add ‘blister packaging commonly used for pharmaceuticals and other tablets consisting of pre-formed plastic cavities or pockets usually sealed with a lid seal made of aluminium foil or plastic film’ as a sub-fraction that should not be placed in the cartons, metal and plastic recyclable waste stream. 

Planned updates to the code to provide additional clarity regarding recyclable waste items that may be considered as hazardous waste under the Hazardous Waste Regulations (Wales) 2005

Waste categorised as hazardous under regulation 6 of the Hazardous Waste (Wales) Regulations 2005 or containing residues of, or contaminated by, waste or substances categorised as hazardous under regulation 6 of those regulations should not be presented for collection in any of the recyclable waste streams and should instead be handled in accordance with the Hazardous Waste (Wales) Regulations 2005. This is made clear in paragraphs 4.18 and 6.8 in the current version of the code.

We have updated these sections of the code to highlight that Natural Resources Wales is the regulator of the hazardous waste regime in Wales, as well as including a link to separate guidance which may help readers of the code to identify whether their waste is, or contains, hazardous waste and what to do if they have assessed their waste and are unsure if it is classified as hazardous waste. 

Examples of mixed-use workplaces

In section 5, the code provides guidance on the considerations that a workplace can explore to identify whether they are obligated to comply with the separation requirements. It is made clear that examples of non-domestic properties are for illustrative purposes only. 

Following stakeholder feedback, we have proposed removing the two examples of potential mixed-use premises at paragraph 5.5 as these were not considered necessary nor the best examples in this context. Given the wider list of ways to help someone determine if they are obligated to follow the separation requirements, we do not consider any examples are required.

Hospitals are no longer exempt from the separation requirements

Hospitals were given a two-year exemption to the separation requirements in the Waste Separation Requirements (Wales) Regulations 2023, which will automatically expire at the end of 5 April 2026. Therefore, from 6 April 2026, hospitals will have to comply with the separation requirements. The code has been updated to reflect this.

This exemption for hospitals is not a new policy and is outside the scope of this consultation. The consultation only seeks views on whether the code makes it clear that this exemption will no longer apply from 6 April 2026. 

These questions should be read in conjunction with the “Proposed amendments to the code for consultation” section above

Question 1: Please specify which sector you are representing:

i) A business
ii) A third sector organisation
iii) A public sector organisation
iv) Local Authority waste collection service
v) A waste management company (e.g., private waste collector, waste handler, or re-processor, operators of incineration and co-incineration facilities, operator of landfill facilities)
vi) None of the above (please specify)

Small waste electrical and electronic equipment (sWEEE)

The code has been updated to reflect the planned amendment to the Waste Separation Requirements (Wales) Regulations 2023 to capture sWEEE from 6 April 2026. 

The proposed description of this waste stream within the Waste Separation Requirements (Wales) 2023 and the code is:

• small waste electrical and electronic equipment

Accordingly, references in the code to ‘unsold’ sWEEE have been removed. 

Question 2: Are you satisfied that it is sufficiently clear within the code that sWEEE from non-domestic premises is now subject to the separation requirements? 

i) Very satisfied
ii) Somewhat satisfied
iii) Neither satisfied nor dissatisfied
iv) Not satisfied 

Recyclable waste items that may be considered hazardous under the Hazardous Waste Regulations (Wales) 2005

We have updated sections 4.18 and 6.8 of the code to highlight that Natural Resources Wales is the regulator of the hazardous waste regime in Wales, as well as including a link to separate guidance which may help readers of the code to identify whether their waste is, or contains, hazardous waste and what to do if they have assessed their waste and are unsure if it is classified as hazardous waste. 

Question 3. Are you satisfied that the updates made to paragraphs 4.18 and 6.8 of the code are sufficiently clear?

i) Very satisfied
ii) Somewhat satisfied
iii) Neither satisfied nor dissatisfied
iv) Not satisfied

Examples of mixed-use workplaces

Following stakeholder feedback, we have proposed removing the two examples of potential mixed-use properties at paragraph 5.5 as these were not considered necessary nor the best examples in this context. Given the wider list of ways to help someone determine if they are obligated to follow the separation requirements, we do not consider any examples are required.

Question 4. Do you agree with the proposal to remove the two specific examples of mixed-use workplaces at paragraph 5.5?

1. Yes
2. No
3. No opinion

Hospitals are no longer exempt from the separation requirements

Hospitals were given a two-year exemption to the separation requirements in the Waste Separation Requirements (Wales) Regulations 2023, which will automatically expire at the end of 5 April 2026. Therefore, from 6 April 2026, hospitals will have to comply with the separation requirements. The code has been updated to reflect this.

Question 5. Are you satisfied that the expiration of the exemption for hospitals is clearly explained within the code? 

i) Very satisfied
ii) Somewhat satisfied
iii) Neither satisfied nor dissatisfied
iv) Not satisfied

Amendments to the list of waste sub-fractions

Question 6: Do you agree with the addition of blister packaging (as described above) to the list of sub-fractions that should not be placed in the cartons, metal and plastic recyclable waste stream found at Annex 2? 

i) Yes
ii) No
iii) No opinion

Question 7: Are you satisfied that the description of “blister packaging used within the code of packaging items commonly used for pharmaceuticals and other tablets consisting of pre-formed plastic cavities or pockets usually sealed with a lid seal made of aluminium foil or plastic film” is sufficiently clear?  

i) Very satisfied
ii) Somewhat satisfied
iii) Neither satisfied nor dissatisfied
iv) Not satisfied

Question 8: Do you agree with the removal of expanded polypropylene from the list of sub-fractions that should be placed in the cartons, metal and plastic recyclable waste stream found at Annex 2? 

i) Yes
ii) No
iii) No opinion

Question 9: What, in your opinion, would be the likely effects of the proposed updates to the code on the Welsh language?  We are particularly interested in any likely effects on opportunities to use the Welsh language and on not treating the Welsh language less favourably than English. 

Do you think that there are opportunities to promote any positive effects?

Do you think that there are opportunities to mitigate any adverse effects?  

 Question 10: In your opinion, could the proposed updates to the code be formulated or changed so as to:

• have positive effects or more positive effects on using the Welsh language and on not treating the Welsh language less favourably than English; or
• mitigate any negative effects on using the Welsh language and on not treating the Welsh language less favourably than English?

Question 11: We have asked a number of specific questions. If you have any related issues which we have not specifically addressed, please use this space to report them.

The responses to this consultation will inform the final drafting of revisions to the code and the planned amendments to the Waste Separation Requirements (Wales) Regulations 2023. A summary of responses will be published on our website.