Defra and the Welsh Assembly Government (WAG) yesterday (July 16) launched the first of two planned consultations on how new provisions required under the legislation should be implemented.
Responses from the consultation, which closes on October 9, are expected to feed into a further consultation exercise next year, on the actual draft regulations Ministers intend to use to transpose the Directive, ahead of a December 12 2010 deadline.
The first consultation asks questions about key issues including:
• How Defra and the WAG should implement the revised waste hierarchy, which includes the step 'preparing for reuse' – in particular to make sure it is considered when producers are deciding how to treat their waste
• Whether any waste streams should be considered under the WFD's suggestion that member states look to introduce producer responsibility for additional materials to those already legislated for at a European level
• Whether England and Wales are taking the correct approach to reaching the target set in the Directive of reaching a 50% household waste recycling rate by 2020, with particular reference to the belief that 'green waste' should count towards the target, and that the Directive does not require 50% rates to be reached for individual materials, but for recycling as a whole – both of which have proved contentious in the past (see letsrecycle.com story)
• How the Defra and WAG should look to promote reuse, as is required in the Directive
• How England and Wales are moving towards the Directive's target of recovering 70% of non-hazardous construction and demolition waste by 2020, and what can be done to guarantee the target is met
• Whether the two countries are doing enough to encourage the provision of separate collection of biodegradable waste, as required by the Directive
• Whether either a national or council-specific approach should be taken to the Directive's requirement for EU member states to draw up waste prevention plans by December 12 2013.
Other articles of the Directive highlighted within the consultation document relate to issues including how self-sufficient the UK is in terms of waste treatment and recovery capacity, changes to the management of waste oils and hazardous waste and what, if any, changes need to be made to waste management plans.
The document also highlights two issues which are not part of the formal consultation, but it is still inviting views on – the end-of-waste criteria that are currently being developed at a European level (see letsrecycle.com story) and the proposed formula to be used to determine whether energy-from-waste processes are 'efficient' and can therefore be classed as 'recovery' under the new waste hierarchy.
The revised Waste Framework Directive was adopted by the European Council of Ministers in October 2008 (see letsrecycle.com story), rubberstamping amendments to the existing Directive which were passed by the European Parliament last June (see letsrecycle.com story).
Outlining the purpose of the exercise, the document explains that: “The revised WFD re-enacts, repeals or revises three existing Directives: (i) the existing WFD; (ii) the Waste Oils Directive; and (iii) the Hazardous Waste Directive. The UK already has in place the necessary laws etc. to comply with these three Directives.
“However, the revised WFD also introduces several new provisions – some of which require Ministers to take policy decisions before deciding on the necessary transposing legislation. These provisions are the subject of this consultation paper – Stage One of the two-stage consultation exercise,” it added.
Both Defra and the WAG have said they will publish a report summarising the consultation responses by January 4 2010, before beginning stage two of the process – the consultation on actual draft regulations.
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