The Waste Management Law Executive Regulations

March 3, 2022

Highlights

Legislation: Cabinet Decree no. 722 of 2022 issuing the Executive Regulations of the Waste Management Law no. 202 of 2020 (the “WM ER”)

Issue date: 22 February 2022

Entry into force: 23 February 2022

Grace Period: One year from the date of entry into force

Purpose: The WM ER introduces the implementation mechanism of the Waste Management Law no. 2022 of 2020 (the “WM Law”) covering general provisions, the national strategy for integrated waste management, the relevant entities’ roles and responsibilities, requirements for undertaking integrated waste management activities, categorization of waste, including non-hazardous, municipal, construction, agricultural, industrial, and hazardous waste. The WM ER also includes interim provisions and template forms for license applications, waste registers and guidelines.

 

Relevant Entities and Scope of Application

The WM ER addresses public and private sector entities involved in integrated waste management. The scope of application includes the following entities:

  • The Waste Management Authority (“WMRA”)
  • Waste generators and possessors
  • Waste managers
  • Waste importers/exporters
  • Implementing Entities: being the competent administrative entities (municipalities as well as the New Urban Communities Authority and the Ministry of Environment as the case may be), the public business sector, the public sector, the private sector and NGOs licensed to manage integrated waste management

 

Key Provisions

  • Definitions: the WM ER introduces new definitions distinguishing additional types of waste compared to the WM Law, such as medical waste, animal waste and conditional hazardous waste. It also refers to intermediate treatment facilities and, more importantly, to municipal waste treatment facilities.
  • Implementing Entities and their Competences: The WM ER moves onto covering the role of the competent administrative entities, being (1) to support WMRA by providing all required data and information related to the performance of the integrated waste management system concerning non-hazardous waste; (2) providing the necessary land for the required waste management services (sanitary landfills, intermediate facilities and waste management facilities); (3) undertaking tenders and supervising the implementation of waste management service contracts in relation to municipal waste.
  • General Provisions: In addition to covering in more detail WMRA’s role, the WM ER highlights the obligation of waste producers to safely dispose of waste with specific timelines. The licensing regime is clearer with regards to managing waste. The Extended Producer Responsibility (“EPR”) is referred to under a general provision, but the details of the EPR mechanism that will be implemented are pending a Cabinet Decree.
  • Single-Use Plastic Bags: The WM ER provides significant regulation with regards to single-use plastic bags stating that it is not permissible to sell, trade, store, or distribute for free or dispose of single-use plastic bags except in accordance with the technical specifications issued by the Egyptian Organization for Standardization and Quality. Major retail outlets shall incentivize consumers to use multiuse bags and establish an internal system to collect single-use plastic bags, amongst other requirements.
  • The Appeal Committee: An appeal committee shall be established within WMRA to hear the challenges filed in implementing the WM Law and its ER.
  • Non-Hazardous Waste: The WM ER emphasizes the license requirement for undertaking integrated waste management activities, including obtaining a license from WMRA or obtaining WMRA’s approval regarding waste management industrial facilities licensed by the Industrial Development Authority. Undertaking integrated waste management activities is also subject to WMRA guidelines, which are partly covered in the WM ER. In addition to the above, the WM ER adds specific requirements relating to municipal, agricultural, industrial and construction.
  • Hazardous Waste: The technical committee responsible for determining the list of hazardous waste and material benefits from a broader scope of competencies than the scope included in the WM Law. However, until such a committee is formed, the Hazardous Waste and Materials Lists provided by the relevant ministries shall continue to be used.In addition, hazardous waste generators are obligated to maintain registers and remediate soil. Hazardous waste managers are required to obtain a license according to the WM ER and maintain insurance policies and letters of guarantee.
  • Grace Period: the WM ER provides for a grace period of one year from the date of entry into force of the WM ER (23 February 2022) for relevant entities to comply with the provisions of the WM ER.

STAY UPDATED WITH NEWS SUBSCRIBE TO OUR NEWSFEED


    Top linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram