Commingled boost as WFD regulations are laid
8 February 2011
Defra has confirmed that commingled recycling will count towards the "separate" collections of material required by the revised Waste Framework Directive after 2015.
The confirmation came in a letter sent to stakeholders by the department informing them draft regulations for implementing the legislation in England and Wales had been laid before Parliament today (February 8).
Defra acknowledged in November 2010 that there were industry concerns that it had "fudged" the wording of the revised Waste Framework Directive (rWFD) and that some believed "there was no explicit approval in the Directive for commingled collections".
In particular, concerns were raised that allowing commingled to count towards the goal would work against the requirement also made by Article 11(1) of the Directive for the government to encourage "high quality" recycling, and also that it was inconsistent with the Directive's requirement that defined waste materials be kept separately.
Now, in the letter sent today, Defra makes it clear that in England and Wales both commingled and source-separated recycling will be regarded as acceptable under Article 11(1) of the Directive, which expects separate collection of at least paper, glass, metal and plastics by 2015.
The letter, which relates to the draft ‘Waste (England and Wales) Regulations 2011', states: "In line with the stage two consultation proposals, the draft Regulations provide that "co-mingled collection" (i.e. the collection together of waste paper, metal, plastic and glass but separately from the collection of other types of non-recyclable waste) is a valid form of "separate collection" for the purposes of the Regulations transposing the rWFD."
"The wording of the draft Regulations on this point has been amended since the stage two consultation to add clarity," it adds.
Defra's position is likely to differ slightly from the Welsh Assembly Government which, as was alluded to in the July 2010 consultation on transposing the rWFD, stated a preference for kerbside sorted recycling in its 2010 waste strategy (see letsrecycle.com story).
Recycling targets
While the full text of the draft regulations is yet to be made publicly available, the letter also provides detail on how the regulations interpret some other key aspects of the rWFD, and in particular its target for 50% of household waste to be collected for recycling and reuse by 2020.
Defra explains in the letter that the European Commission's rules for defining how the targets will be complied with are set to be considered by the UK and other EU member states this spring, and will require European Parliament scrutiny before coming into force.
But, it confirms that the Commission's current position is that, while household waste - defined as "waste generated by households" that is prepared for reuse will be included in the amount of waste recycled, it will not have to be reported separately.
"The Commission have proposed that the amount of waste prepared for re-use should be included in the amount of recycled waste and there would not be a requirement to report the former separately," the department states in the letter.
This is likely to disappoint third sector and community groups involved in the reuse sector, who have long championed more specific requirements for reuse to encourage reuse above recycling.
Waste hierarchy
The rWFD is underpinned by the new five-step waste hierarchy being implemented as a legal requirement on all waste management and policy decisions, but Defra's letter reveals that, to ensure the "effective implementation" of the hierarchy, the draft regulations allow a six month transition period before this requirement comes into force.
The letter explains that the key ways the hierarchy will be applied in England and Wales are:
- Updating national planning policy to reflect it, requiring councils to regard it in preparing waste development frameworks and regional waste plans;
- Requiring the Environment Agency and councils to include a condition in new and revised waste permits for the holder to minimise waste and treat it according to the hierarchy;
- Amending the ‘duty of care' to add a declaration to waste transfer notes confirming the hierarchy had been taken into account when dealing with waste;
- Requiring councils and businesses, as part of their duty of care, to follow government guidance on applying the hierarchy, including when to deviate from it to achieve a better environmental outcome.
Parliament
Related links
Defra - revised Waste Framework DirectiveThe draft regulations are now subject to debate and approval in both Houses of Parliament before coming into force, and must similarly be debated and approved by the National Assembly for Wales.
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