Despite EU end of waste criteria having been set for ferrous metal, glass cullet and scrap copper, it seems unlikely that criteria for other materials will come into force in the near future, with Quality Protocols instead filling the void in the UK.
This view on end of waste was the general sentiment at the End of Waste conference in London last week (January 30). Organised by letsrecycle.com, the event heard from speakers including environmental lawyer Fiona Ross, Environment Agency regulator Roger Hoare and the EQual Programmes Diana Bradford.
The core reason for doubt of the future development of end of waste at a European level emerged at the conference as being the victory by Europes paper mills in getting the end of waste for paper kicked out by MEPs. Their vote, last autumn, was hugely controversial and was strongly opposed by the European Recovered Paper Association. Some recyclers felt that the mills had used their strength unfairly and that MEPs had not been aware of all the arguments in favour of end of waste status for paper.
Speakers at the conference also discussed the current status of end of waste criteria for glass, paper, organics and plastics (see letsrecycle.com story).
Lawyer Ms Ross who as an associate at Pinsent Masons makes applications for end of waste certification on behalf of clients presented an overview of the process and legal testing for achieving end of waste status, emphasising the importance of providing evidence in applications wherever possible.
She highlighted the crucial case between waste oil recycler OSS Group Ltd and the Environment Agency with Defra, which found that a material becomes a non-waste where it has been marketed into a distinct marketable product, which can be used in exactly the same way as an ordinary non waste material, and with no worse effects.
However, she explained that where no Quality Protocol or EU end of waste criteria are set, a bespoke application should be sent to the Environment Agency, and that there is a risk of regulatory enforcement if businesses simply adopt the position that the material is not waste without going through the end of waste process.
Asked whether Quality Protocols were likely to have an increasingly important part in future, with the development and ratification of further EU end of waste criteria for other recyclable materials looking less likely, she responded: Where we are really pushed into a situation we (the UK) would have to go it alone.
Environment Agency
Speaking after Ms Ross, environment and business manager at the Environment Agency, Roger Hoare, who agreed on the importance of strong evidence in applications: The test looks relatively simple but it is about the evidencing.
I think the work we have done over the past seven years has really put us (the UK) on the front foot in terms of end of waste. I think it supports UK business and gives UK products competitive promise.”
Roger Hoare, environment and business manager at the Environment Agency
He also addressed the perceived complexity and time-consuming nature of applying for end of waste status, commenting: There are times when I wonder whether end of waste is worth the hassle, but I genuinely believe it is.
Mr Hoare also claimed that the UK was leading the way on end of waste by developing Quality Protocols, which were attracting interest from countries around the world.
He said: I think the work we have done over the past seven years has really put us (the UK) on the front foot in terms of end of waste. I think it supports UK business and gives UK products competitive promise.”
Mr Hoare added that 10 Quality Protocols had been completed so far, which would be moving up to 12 in the near future but that they cost a lot of money to produce.
He said: At the moment there are no plans to create any more Quality Protocols than are currently being considered, but that doesnt mean that there wont be more in future.
However, David Hulse public affairs advisor at metal recycler S. Norton expressed frustration at the difficulty of achieving end of waste for scrap iron and aluminium, as well as the tough standards set out in Environment Agency guidance on the criteria.
Mr Hoare said: I can only apologise, my understanding is that the guidance is only setting out what end of waste is trying to achieve so if there is misunderstanding there then we need to discuss this with you.
EQual
Diana Bradford senior team leader at the EQual Programme explained the online self-assessment tool for aggregates and compost Quality Protocols, which is due for launch in spring 2014.
Part funded by the EUs LIFE+ programme, EQual (Ensuring Quality of waste-derived products to achieve resource efficiency) is led by the EA and runs from September 2011 to March 2015. It was set up in order to highlight the benefits and encourage the use of products made from waste to waste producers, waste management companies, end users and regulators.
Speaking at the conference, Ms Bradford said that the self-assessment tool would help give confidence to customers in waste-derived products.
Ms Bradford then also gave an overview of the Definition of Waste webtool designed to assess whether a waste derived material is a by-product, achieves end of waste criteria or remains a waste. She said the tool would be undergoing trialling and evaluation throughout 2014.
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