James Phillips and Sam Sandilands, experts in waste law, talk us through recent legal developments and explain how they will affect those in the waste sector
Clarification for WEEE schemes
Operators of all Waste Electrical and Electronic Equipment (WEEE) schemes have been sent clarification from the government and the Environment Agency (EA) as to how they expect scheme operators to collaborate to meet their obligations under the WEEE Regulations 2006.
The letter to all WEEE scheme operators came after the conclusion of the REPIC compliance scheme case in July in which REPIC brought judicial review proceedings against the Department for Business, Enterprise and Regulatory Reform for failing to properly transpose the WEEE Directive (2002/96) into English law. REPIC claimed that, as a result of the alleged failings in transposition, rival WEEE collection schemes were able to over-collect WEEE, resulting in REPIC having to pay ‘ransom’ money to other schemes in return for evidence notes to prove it had met its obligations under the WEEE Regulations.
The letter details what the EA and government expect in operational plans when schemes intend
to collect WEEE on behalf of other schemes and
details to what extent scheme operators can rely on trading in evidence notes to prove that they have met their obligations.
Consultation on implementing the revised Waste Framework Directive
Defra and the Welsh Assembly Government (WAG) have conducted a consultation seeking views on the first stage of a two-stage transposition of the revised EU Waste Framework Directive (2008/98/EC) into English and Welsh law. The revised directive introduces several new provisions, some of which require ministers to take policy decisions before deciding on the necessary transposing legislation.
The consultation requested views on, among other things: the waste hierarchy; extended producer responsibility; reuse and recycling; household waste recycling targets; the recovery target for non-hazardous construction and demolition waste; hazardous waste; waste oils; biowaste; the recovery/ disposal distinction; and end-of-waste status. The consultation closed in October. EU Member States are required to transpose the provisions of the directive into national law by 12 December 2010.
Landfill Tax Regulations amended
The Landfill Tax (Amendment) Regulations 2009 came into effect on 1 September 2009. They amend the Landfill Tax Regulations 1996 to remove provisions relating to designated temporary disposal or ‘tax-free’ areas that are redundant following the 2008 Court of Appeal judgement in Commissioners for HMRC v Waste Recycling Group Limited, on the basis that tax would not in any event be due on material placed in those areas.
European Biowaste Directive
The European Commission (EC) has drawn up proposals for a Biowaste Directive that will have the effect of encouraging waste prevention, separate collection of biodegradable waste and quality criteria for compost and digestate. It is hoped that the proposed directive will help to resolve the problem of 139 million tonnes of biowaste, such as kitchen, garden and food waste, being sent to landfill each year.
It is intended that the directive would deal with alternatives to landfill including composting and anaerobic digestion and would also supplement the provisions in the Waste Framework Directive by widening the definition of biodegradable wastes that could be diverted from landfill.
The EC is expected to carry out a consultation on the proposed directive this autumn and an impact assessment with the intention that the directive will come into force in 2010.
Renewable energy strategy published
The government’s renewable energy strategy was published on 15 July and details the support to be provided to operators/ authorities producing energy from waste. The strategy outlines how the Department for Energy and Climate Change (DECC) intends to achieve the European target of producing 15 per cent of all energy from renewable sources by 2020.
To achieve this target, DECC wants to see an increase in the use of biomass waste in energy production through energy from waste with combined heat and power plants and anaerobic digestion plants. DECC has outlined a number of measures to assist local government and businesses investigating the possibility of using these technologies.
Get our weekly digest
resource.co article ai
How will the government and DMOs address the challenges of including glass in DRS while ensuring a level playing field across the UK?
There's no easy solution to include glass in the DRS while maintaining a level playing field. Potential approaches include a phased introduction of glass, potentially with higher deposits to reflect its logistical challenges. The government and DMOs could incentivise innovation in glass packaging design and subsidise dedicated return points for glass-handling. Exemptions for smaller businesses unable to handle glass might also be necessary. Any successful solution will likely blend several approaches. It must address the differing priorities of devolved administrations, balance environmental benefits with logistical and cost implications, and be supported by robust consumer education campaigns emphasizing the importance of glass recycling.