United Kingdom
End of life vehicles
The End of Life Vehicles Directive (2000/53/EC) has been partially transposed for England and Wales by the End of Life Vehicles Regulations 2003 (SI 2003 No 2635). The Regulations, which came into force on 3 November 2003, do not cover the producer responsibility regime under the Directive. This will be subject to further consultation in the near future. According to the Directive this should have been implemented by 21 April 2002. The new Regulations introduce a number of requirements designed to improve the recycling and reuse of end of life vehicles. These include setting standards for dismantlers, introducing a Certificate of Destruction to remove a scrapped vehicle from the national register, setting reuse and recovery targets, requiring producers to pay all or a significant part of the costs of take back for vehicles with no value and requiring some components to be marked and designed to aid recycling and make dismantling easier. They also place restrictions on the use of certain heavy metals including lead, mercury, cadmium or hexavalent chromium in new vehicle manufacturer.
(SO, 8 October 2003)
Guidance produced by DEFRA has been issued to clarify Part VII and Schedule V of the End of Life Vehicles Regulations 2003. These relate to the storage and treatment of end of life vehicles and the minimum technical requirements that are applicable. These provisions will apply new standards to current sites, require all operators currently treating vehicle waste to obtain a site licence, as well as set out technical standards. All operators of sites currently exempt from holding a waste management licence will need to obtain a site licence to be able to continue to treat end of life vehicles. They will also be required to comply with new minimum technical requirements if they wish to continue.
(DEFRA, October 2003)
Landfill
The government is proposing to amend the Landfill (England and Wales) Regulations 2002 (SI 2002 No 1559). It intends to make a power of direction available to the Secretary of State to accept and dispose of waste. This power was previously available in respect of landfills under Section 57 of the Environmental Protection Act 1990. The rationale for the move is to aid contingency plans in the event of the re-emergence of foot and mouth disease or another major event requiring large disposal operations. In addition, it is also proposed to require a landfill permit application in the event of an existing non-IPPC landfill applying to increase its capacity or for other changes in operation. Previously operators of such sites could apply for a new waste management licence. The consultation paper also covers minor changes to the PPC Regulations 2000 (SI 2000 No 1973) (see Section 2). All responses must be made to DEFRA by 12 March 2004.
(DEFRA, December 2003)
Following the publication of the Waste and Emissions Trading Act 2003 in November, DEFRA has issued a consultation with draft Regulations. There are currently two sets of draft Regulations. The Landfill Allowances Scheme (Scheme Years and Landfill Targets) Regulations 2004 amend the 2003 Act by making changes to the date applying it to a scheme year and target year. They also set out the amount of biodegradable municipal waste which may be sent to landfills in a target year. The draft Landfill Allowances and Trading Scheme (England) Regulations 2003 set out the permit trading scheme rules. The legislation is aimed at obtaining targets set out in the Landfill Directive for reducing the volume of biodegradable municipal waste sent to landfill. Waste disposal authorities will be issued with a set of allowances for disposal for each year between 2004-2020. Although the scheme is likely to start in July 2004, there is a possibility that it might be delayed until October 2004 meaning that the scheme’s first year will be less than 12 months. For England, where the responsibility for waste management is divided between county disposal authorities and smaller district collection authorities, the former will be responsible for meeting landfill targets. Although current draft regulations assume that brokers will not be required to be authorised by the Financial Services Authority, it is not yet clear whether this is the case. It is also possible that waste disposal authorities will need to be authorised. Other areas in which policy has changed since the publication of the first consultation paper in August 2003, relate to the details that waste disposal authorities will need to enter into electronic registers before trading. The deadline for comments on the draft Regulations is 31 January 2004.
(DEFRA, November 2003)
Recycling
The Household Waste Recycling Act 2003 has been published. It will obligate local authorities to provide every home with a doorstep recycling collection for at least two recyclable materials by 2010. However, in practice, the economics will probably result in the collection of a variety of waste streams. DEFRA is preparing the guidance for local authorities on implementing the Act. This should be available for consultation in early 2004, with local authorities required to report on their progress towards meeting the requirement by the end of October 2004. At present over 40% of households in England and Wales do not get any recyclable materials collected from their doorstep.
(SO, 14 October 2003)
Electrical and electronic equipment
The DTI has issued a second consultation paper on the Waste Electrical and Electronic Equipment (WEEE) Directive (2002/96/EC) and on the Restriction of use of Hazardous Substances in EEE (RoHS) Directive (2000/95/EC). The document outlines the preferred approach to implementing the Directives in the UK. Domestic legislation must be in place by 13 August 2004. The WEEE Directive is aimed at minimising the impacts of electrical and electronic equipment on the environment during their use and when becoming discarded as waste. It sets criteria for the collection, treatment, recycling and recovery of such equipment and makes producers responsible for making provisions for dealing with this equipment at the end of its life. The RoHS Directive will ban the marketing of new electrical and electronic equipment containing certain toxic substances such as lead, cadmium, mercury and certain flame retardants from 1 July 2006. The consultation paper is divided into three parts. Part 1 provides an overview and summary of the government’s intentions. Parts 2 and 3 deal respectively with WEEE and RoHS and list specific questions. The consultation package includes an indication of the costs of the proposals for transposing the Directives, the action required from business, details of the specific amenity site infrastructure required, as well as an examination of the position in other European countries. It is envisaged that further consultation will be released, together with draft legislation in late Spring 2004, which will include precise details of implementation. Among the suggestions in the consultation paper is a clearing house which would be funded by manufacturers to provide free collection of WEEE from collection points around the UK for treatment and recovery. There is support from business for this model, which is already being applied in Germany. A method of allocating collected WEEE to producers has yet to be determined however. Responses to the consultation should reach DTI by 1 March 2004.
(DTI, November 2003)
Litter
Comments are being sought by DEFRA on a guidance note containing measures for reducing fast food litter and waste in the local environment. The draft guidance proposes a voluntary code of practice to apply to fast food retailers, i.e. businesses that sell any edible product which can be eaten or drank immediately upon exiting the premises in which it was bought. The voluntary code of practice for the fast food industry is part of the government’s cleaner, greener and safer strategy aimed at reducing litter and improving the cleanliness of streets. The consultation closes on 30 January 2004.
(DEFRA, November 2003)
Composting
The Composting Association has announced that the amount of material being composted in the UK doubled between 1999-2000 and 2001-2002. The increase was reported in a publication containing the results of a survey of the composting industry. The survey, funded jointly by the EA and WRAP, found that of 1.66 million tonnes of material processed last year, 72% was municipal household waste, 8% municipal non-household and 20% commercial waste. The Association has said that although the industry is currently dominated by green waste material, it expects an increase in the use of biodegradable waste such as catering and kitchen waste. The main uses and markets for compost were in horticulture, landscaping and domestic gardening, use in landfill restoration or daily cover and agriculture.
(Composting Association, December 2003)
Nuclear waste
The DTI has issued for consultation a revised policy for decommissioning nuclear facilities. The current policy of decommissioning was set out in the White Paper published in July 1995. The policy is now being updated to take into account developments in commissioning theory since the White Paper was published. The consultation paper sets out the strategies for decommissioning and provides guidance on the issues to be addressed. It also takes account of the proposed formation of the Nuclear Decommissioning Authority and emphasises that the future use of a site will play a major role in determining which decommissioning operations should be consulted on. All comments must be received by 27 February 2004.
(DTI, November 2003)
Anaerobic digestion
DEFRA has issued a consultation paper, which closed on 21 November 2003, seeking views on anaerobic digestion of municipal waste. The exercise was intended to determine the method for allocating the proportions of treated waste that count towards composting and energy recovery. The consultation period was shorter than the usual 12-week period due to a need for the results to be fed into the wider review of Best Value Indicators, which will be subject to further consultation. Anaerobic digestion is biological treatment in the absence of oxygen and can involve a range of different treatments which produce a mixture of methane and compost. As anaerobic digestion is considered to be primarily a process of energy recovery, it does not currently count towards the recycling and composting targets set for local authorities. Views were sought as to whether it should now be counted.
(DEFRA, October 2003)
Sewage sludge
A study funded by the UK Water Industry, DEFRA and the EA has reported on the risks associated with the application of treated sewage sludges to agricultural land. The project was designed to study the effect of sewage treatment on the survival of a range of pathogens and to model the risk of infection from eating food grown on land treated with sewage sludge. It was found that when treated sewage sludge was applied as set out in the Safe Sludge Matrix and the proposed revision to the Regulations, there was a minimal risk from consuming food. Both the Sludge (Use in Agriculture) Regulations 1989 (SI 1989 No 1263) and the Code of Practice are to be revised in early 2004. The Safe Sludge Matrix, drawn up between the UK Water Industry and the British Retail Consortium in 1998, sets out treatment processes and application restrictions. Under the revised regulations, higher standards will be introduced into the Matrix and will set it on a statutory footing.
(UK WIR, November 2003)
PFI
The cap of £25 million for PFI credits awarded to waste projects has been increased to £40 million and could be higher in some exceptional cases. References to incineration have been removed and replaced by a greater consideration of the waste hierarchy. Schemes must now demonstrate a clear link to the National Waste Strategy 2000, for which recycling and composting are central.
(DEFRA News Release, 21 November 2003)
Waste funding
The latest round of funding under the Waste Minimisation and Recycling Fund has been announced. Local authorities have been invited to bid for £135 million for projects aimed at improving waste management and increasing recycling. Since the fund was introduced in 2001, 295 projects have been granted funding. The funding was originally announced in August 2003, with DEFRA now issuing guidance for local authorities for the opportunity to bid for up to £1.5 million for any particular project. Up to £5 million will be made available for authorities dealing with large volumes of waste on a programme management basis.
(DEFRA News Release, 20 October 2003)
The 14 successful local authorities under the Partnership category of the Waste Minimisation and Recycling Fund have been revealed. The Partnership category was open to those authorities with waste disposal functions and will grant up to £5 million to each of the successful authorities for expanding their recycling and composting infrastructure over the next two years. This will include setting up new and enhancing existing kerbside collection schemes, household waste sites and recycling facilities.
(DEFRA News Release, 15 December 2003)
Packaging
The government has announced business waste packaging recovery and recycling targets for 2004-2008. The change will be introduced in an amendment to the Producer Responsibility Obligations (Packaging Waste) Regulations 1997 (SI 1997 No 648), which have been laid before Parliament, and follows a consultation paper published in July 2003. Under the amendment, the target will increase from the present 50% overall recovery to 63% for 2004, and this will increase annually until it reaches 70% in 2008. The 19% material specific recycling target will be replaced by individual targets for specific waste streams, i.e. paper, glass, aluminium, steel, plastic and wood. These will also increase progressively each year up to 2008. In addition, under the Packaging Directive (94/62/EC) the UK has to achieve at least 50% overall recycling by 2004 and 55% by 2008. Some energy recovery can still be carried out at present, although this will have to be achieved through operations such as refuse derived fuel (RDF) and co-incineration of energy from waste. Other changes planned in the Regulations involve placing legal responsibility on compliance scheme operators for the recovery and recycling obligation of their members; setting down in statute the PRN and PERN system; and requiring a director of a business to sign off the data form.
(DEFRA News Release, 20 November 2003)
A certification scheme for compostable packaging has been launched by the Composting Association. The scheme will enable UK packaging producers to prove that their products are compostable. In order to achieve certification to the DIN V 54900, BS EN13432 and ASTN D 6400 standards, materials are subjected to exhaustive testing including a chemical test for heavy metals, a test for biodegradation, disintegration under composting conditions and for toxicity to plants. Certification will allow suitable products to be identified by labelling with a compostability mark to provide information to both waste consumers and disposers.
(The Composting Association News, 5 December 2003)
Extractive industries
A consultation paper issued by the ODPM is seeking views on a proposed EU Directive on the management of waste from the extractive industries, which includes mining and quarrying. The proposal, adopted by the Commission in June 2003, is intended to supplement the Waste Framework Directive (75/442/EC) to address the adverse effects on the environment or risks to human health from quarrying and mining wastes. As currently drafted, it would require mine and quarry operators to have a waste management plan, a major accident prevention policy and safety report, and an internal emergency plan for measures to be taken inside a mine or quarry. Operators would also have to hold a permit before mining could begin and disposal facilities would be classified according to dimension and risk. Monitoring of mines after closure would be obligatory and operators would have to guarantee that they could cover the potential costs of the waste facility and post closure requirements in order to obtain a permit. Comments on any of the provisions in the proposed directive are invited before
9 January 2004.
(ODPM, October 2003)
Contaminated land
Views are being invited on using Environmental Risk Assessments (ERAs) to quantifying the risks of significant harm to organisms and their ecosystems. Already a requirement of the Contaminated Land Regime under Part IIA of the EPA and the Habitats Directive, the consultation is being conducted to obtain views on a proposed framework for applying the best available science into a practical procedure for assessing how chemical contaminants in soil pose risks to ecosystems. The EA is currently in the process of carrying out two research and development projects looking at the ERA framework and sees this consultation as an important part of the process. It wants both those who use ERAs and those affected by their outcomes to comment and has guaranteed that it will not disclose any information about individual sites without prior permission. The consultation will run until 31 March 2004.
(EA, December 2003)
Landfill tax
HM Customs & Excise has confirmed that the Landfill Tax Credit Scheme will be revised to introduce a new biodiversity category. The move was initially announced in the Budget 2003. The revised Landfill Tax Credit Scheme introduces an option of giving tax credits claimed by landfill site operators to biodiversity projects which involve conservation-specific habitats or species at a specific site in the UK. The measure was brought into force by the Landfill Tax (Amendment) (No 2) Regulations 2003 (SI 2003 No 2313).
(HM Customs & Excise News Release, 1 October 2003)
Recovery and disposal
The EA has produced IPPC sector guidance note S5.06 for the Recovery and Disposal of Hazardous and Non-Hazardous Waste. Several key environmental issues are highlighted. These include: the waste hierarchy; waste characterisation sampling and checking; selection of appropriate treatment techniques; intractable wastes such as those banned from landfill; accumulation of waste and suitable disposal routes before acceptance for waste stored in drums; emissions to sewer; and site restoration. The guidance was issued for consultation in October 2001.
(EA, October 2003)
European Union
Batteries
A proposal for a new Batteries Directive has been adopted by the European Commission. The current Directive (91/157/EEC) has a limited scope, applying only to batteries with a certain mercury, cadmium and lead content. It covers only 7% of all portable batteries marketed in the EU, making it difficult to establish national collection and recycling schemes. The new directive is intended to better control the risks posed by batteries in the waste stream by creating a framework for battery collection and recycling. The proposal sets out collection targets per inhabitant for all portable batteries. In addition, nickel cadmium batteries would be subject to a specific collection target of 80% of all such portable batteries generated annually in each Member State. There are also specific recycling targets for other battery types. Producers will have to finance collection, treatment and recycling of all portable batteries. However, users of industrial batteries put on the market before entry into force of the directive, so-called historic waste, may have some financial obligation towards its management. It is envisaged that Member States would have to implement the directive 18 months after its publication, with collection rates applying around 2011.
(COM (2003) 723, 25 November 2003)
State aid
The European Commission has approved the UK’s Waste and Resource Action Programme (WRAP), which was set up to develop markets for recycled goods. The Commission had originally expressed doubts over the UK’s notification of two state aid measures involved, i.e. a grant-funding scheme and a guarantee fund, as they were originally intended for investments aimed directly at reducing pollution caused by the recipient. However, as the measures support waste recycling, a priority objective of the community, and the amount of aid is comparatively small, the Commission concluded that they did not cause an undue restriction of competition or trade between Member States and it approved the WRAP scheme.
(European Commission Press Release, 11 November 2003)
Packaging
Agreement has been reached by the European Parliament and Council on a revision of the Packaging and Packaging Waste Directive (94/62/EC). Discussions on the proposal were completed by the conciliation committee and the agreement must now be confirmed in a third reading by the Council and Parliament. Under the Directive, recycling targets for packaging waste will increase from 25% to 55% by 2008. One of the most contentious issues of the Directive during its passage through the EU legislative system was whether incineration of packaging waste should count as recovery or not. Recent judgments by the European Court of Justice have clarified that incineration of municipal waste in incinerators should be considered a disposal operation if the main purpose is disposal of waste, irrespective of whether or not the energy generated is used for another purpose or not. The agreement reached involved a compromise whereby Member States can continue to count incineration towards recovery targets but this will be reviewed under the EU thematic strategy on waste prevention and recycling currently being prepared. The new directive is likely to enter into force in the first half of 2004 with transposition into national legislation required by the second half of 2005.
(European Commission Press Release, 8 December 2003)
Waste Framework Directive
The European Commission has adopted a proposal for publishing the Waste Framework Directive in a consolidated form. It will include provisions introduced in several amendments. By incorporating all the legislation in one document, the effect of several amendments should be easier to determine.
(COM (2003) 731, 27 November 2003)
Electrical and electronic equipment
The European Commission is conducting a consultation on an amendment to the RoHS Directive (200/95/EC) restricting the use of some hazardous substances in electrical and electronic equipment. Under Article 5 of the Directive, the Commission has to consult producers, recyclers, environmental organisations and various other groups before amending the Annex to the Directive. The amendment relates
to the level of maximum concentration values required to ensure a high level environment protection. Comments must be sent by 9 January 2004.
(European Commission, 5 December 2003)
