Guidance

Storing and de-packaging recalled products containing asbestos: RPS 367

Published 27 February 2026

Applies to England

© Crown copyright 2026

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This publication is available at https://www.gov.uk/government/publications/storing-and-de-packaging-recalled-products-containing-asbestos-rps-367/storing-and-de-packaging-recalled-products-containing-asbestos-rps-367

This regulatory position statement (RPS) does not change your legal requirement to have an environmental permit where one is required.

However, the Environment Agency will not normally take enforcement action against you if you do not comply with these legal requirements provided that:

  • your activity meets the description set out in this RPS

  • you comply with the conditions set out in this RPS

In addition your activity must not cause (or be likely to cause) pollution of the environment or harm to human health, and must not:

  • cause a risk to water, air, soil, plants or animals

  • cause a nuisance through noise or odours

  • adversely affect the countryside or places of special interest

1. Activity this RPS applies to

This RPS applies to storing and de-packaging recalled goods that are non-hazardous waste but may contain trace amounts of asbestos. This RPS applies to the recalled goods listed on GOV.UK at Product Safety Alerts, Reports and Recalls.

2. Conditions you must comply with

You must:

You must not:

  • remove any asbestos containing sand from its primary packaging

  • store recalled goods for more than 3 months

  • carry out any activity other than storing, sorting and de-packaging

3. Things to note

Storing waste at the site of production (such as a shop, warehouse or distribution centre)​ does not need a permit as it is covered by non-waste framework directive (NWFD) 2​.

​You can usually consolidate recalled products using reverse logistics at a distribution centre under NWFD 3.

You cannot use NWFD 3 and 4 for recalled waste products listed at Product Safety Alerts, Reports and Recalls when they contain asbestos. The conditions of NWFD 3 excludes unbonded asbestos and NWFD 4 cannot be used where any, including traces of, asbestos are present.

4. When you must check back

The Environment Agency will review this RPS by 31 January 2027.

The Environment Agency can withdraw or amend this regulatory position before the review date if they consider it necessary. This includes where the activity that this RPS relates to has not changed.

You will need to check back from time to time, including at and before the review date, to see if this RPS still applies.

This RPS remains in force until it is removed from GOV.UK or is otherwise identified as having been withdrawn.

You can subscribe to email updates about this RPS. These will tell you if the RPS has changed and when it has been withdrawn. Use the ‘Get emails about this page’ feature on the RPS publication page.

5. If you cannot comply with this RPS

If you operate under this RPS but can no longer comply with it, you must:

6. Contact the Environment Agency

If you have any questions about this RPS, email wastetreatment@environment-agency.gov.uk with RPS 367 in the subject.

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