Waste Framework Directive

The Waste Framework Directive provides the overarching legislative framework for the collection, transport, recovery and disposal of waste across Europe, including the UK, and was originally passed into law in 2006. 

After passing through the lengthy legislative process, a revised version of the Directive was adopted in November 2008.

While the UK government had until December 12 2010 to bring into force the laws, regulations and administrative provisions necessary to comply with the Directive, it has said it believes the policies needed to meet the requirements of the legislation are already in place.

EU picA two-stage consultation on the exact details of the transposition process was jointly held by Defra and the Welsh Assembly Government during 2009 and 2010, with regulations to formally enshrine the Directive into UK law published in February 2011.

Among the key issues addressed in the Directive are:

Waste hierarchy

At the heart of the revised Waste Framework Directive is the updated waste hierarchy contained in Article 4.

While, in its previous form, the Directive called on the UK to "encourage" waste prevention, in the first instance, and then recovery through reuse, recycling of reclamation, the revised Directive outlines a new hierarchy which should act as a "priority order" in waste prevention, legislation and policy. This means all decisions on waste policy, infrastructure and management will be expected to take the hierarchy into account.

The amended hierarchy is:

  • Prevention;
  • Preparing for reuse;
  • Recycling;
  • Other recovery - including energy recovery;
  • Disposal.

Recycling targets

With the waste hierarchy as its guiding light, the revised Waste Framework Directive then sets out a range of provisions in relation to recycling and reuse - not least of which are a range of tough targets for increasing recycling rates for both household and construction and demolition (C&D) waste.

The targets in the Directive are:

  • to recycle or prepare for reuse 50% of household waste by 2020
  • to reuse, recycle or recover 70% of non-hazardous C&D waste by 2020

Alongside this, the Directive details a requirement to set up separate collection of "at least the following: paper, metal, plastic and glass", from the household waste stream by 2015.

Given the continuing debate in the UK over the relevant merits of commingled and source-separated recycling collections, this has attracted particular interest.

The government has said that, in England, it considers both options will count towards this requirement, as long as material collected commingled is sorted to a high-quality. However, in Wales, the Assembly Government has expressed a policy preference for source-separation of recyclables.

End of waste

There is significant pressure for waste to be freed from regulation when it has reached a certain stage of recovery, allowing it to compete on a more level playing field with virgin materials. In light of this article 6 of the document sets the wheels in motion towards developing end-of-waste criteria for certain materials.

Work is already underway on the first set of materials to be considered under this committee process the Commission uses in this area, with European regulations for when ferrous, aluminium and copper scrap cease to be waste - and are therefore not subject to waste controls – expected in 2011.

Paper and glass have also been identified as materials which will have end-of-waste criteria developed for them.

Other provisions and issues

Among the other issues addressed by the Waste Framework Directive are:

  • Extended producer responsibility - Article 8 of the document grants member states discretionary powers to introduce new producer responsibility measures to increase levels of recycling, reuse and waste prevention. Local authority figures have already advocated an increased role for producers of waste in relation to sorting waste into different fractions for recycling and energy recovery, and also for specific materials such as waste textiles and tyres;
  • Waste prevention plans - Under Article 29, the UK is expected to draw up a waste prevention plan by December 12 2013.
  • The repeal and reenactment of the existing Hazardous Waste Directive, including new provisions relating to some aspects of the management of hazardous waste;
  • The repeal of the Waste Oils Directive, with some provisions of the Directive being reenacted in the revised Waste Framework Directive;
  • Biowaste - under Article 22 of the revised Directive, the UK is expected to take measures to encourage the separate collection of biowaste - such as kitchen, food and garden waste - as well as it being treated in waste that ensures a "high level of environmental protection".  However, the government has said it does not plan to introduce new separate legislation to address this.
  • Energy recovery formula – under a formula, known as ‘R1’, energy-efficient incinerators will be able to be classed as ‘recovery’ rather than ‘disposal’ operations, moving them up the waste hierarchy.                                                       

More information on the revised Waste Framework Directive can be found on Defra's website. 

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