LEGISLATION
THE WASTE
FRAMEWORK DIRECTIVE
he Waste Framework Directive grounds. The UK is likely to be adept at clarity to industry on when waste ceases to
T
2006/12/EC (“WDF”) came into doing this due to the work undertaken on be waste. However, even if the by-product
force on 12 December 2008 and the Waste Protocol Projects. is not waste, the owner/holder must be
member states are required to implement The Government needs to provide clear which alternative legislative regime
the new Directive by 12 December 2010. urgent guidance to UK businesses about applies to the relevant materials.
The European Journal states as its purpose the priority sectors and waste streams that
that it: “...establishes the legislative will be considered first. BY-PRODUCTS
framework for the handling of waste in the A new definition of by-products is
Community. It defines key concepts such TARGETS included, which provides that a substance
as waste recovery and disposal and puts By 2020, Member States must recycle or object, resulting from a production
in place the essential requirements for the 50% of their household and similar waste process, will be regarded as a by-product,
management of waste, notably an and 70% of their construction and and not a waste, only if a further use of the
obligation for an establishment or demolition waste. These targets have been substance or object is certain; the substance
undertaking carrying out waste set by weight. In order to achieve this, the or object can be used directly without any
management operations to have a permit WFD requires Member States to put further processing other than normal
or to be registered and an obligation for mechanisms in place by 12 December industrial practice; the substance or object
the Member States to draw up waste 2015 with at least separate collections for is produced as an integral part of a
management plans. It also establishes paper, glass, metal and plastic. production process; or further use is lawful,
major principles such as an obligation to It will be interesting to see how as the substance or object fulfils all relevant
handle waste in a way that does not have organisations respond to targets being by product, environmental and health
a negative impact on the environment or weight. Will this lead to local authorities protection requirements for the specific use
human health, an encouragement to concentrating on recycling heavier items and will not lead to overall adverse
apply the waste hierarchy and, in and moving away from the lighter and environmental or human health impacts.
accordance with the polluter-pays potentially more valuable items, such as
principle, a requirement that the costs of aluminium, to meet their targets? AND MORE...
disposing of waste must be borne by the Furthermore, what affect will the targets The WFD also:
holder of waste by previous holders or by have on commercial and industrial waste? Enables energy efficient incinerators
the producers of the product from which Will smaller businesses find it increasingly to be classed as a recovery operation
the waste came.” difficult to dispose of waste? not a disposal operation.
Certainly it encourages re-use and Separate collections and weight based Requires measures to encourage the
recycling of waste and seeks to reduce the targets are likely to make it easier for local separate collection of bio-waste with
use of landfill as well as the production of authorities and private sector service a view to its composting and
potent greenhouse gases arising from such providers to measure acceptable levels of digestion;
landfill sites. Thankfully the WRD simplifies contamination in loads delivered to waste Extends producer responsibility to
legislation currently in place by repealing management facilities. This can prove support the design and production of
the pre-existing directives. difficult in co-mingled collections given the all goods to take into account efficient
differences in the weight of the various use of resources. This is during their
WASTE HIERARCHY AND PREVENTION waste streams. whole life cycle, including repair, re-
PROGRAMME use, recycling and disposal;
The UK will be required to design and WASTE OR NOT WASTE? Provides new controls for registration
implement waste prevention programmes. Waste will cease to be waste when it of establishments or undertakings that
Such programmes will need to account for has undergone a recovery operation collect or transport waste on a
the five-step hierarchy: (including recycling) and complies with professional basis, which is the Duty
Waste prevention specific criteria to be developed to satisfy of Care regime. Businesses that
(preferred option); the following conditions: the substance or normally or regularly carry waste
Re-use; object is commonly used for specific have to be registered.
Recycling; purposes; a market or demand exists for
Recovery (including energy such a substance or object; the substance CONCLUSION
recovery); and or object fulfils the technical requirements The WFD provides businesses and the
Safe disposal, as a last resort. for the specific purposes and meets the public sector with some indication of how
The waste hierarchy prioritises the best existing legislation and standards the UK will implement the provisions of the
overall environmental option that should be applicable to products; the use of the directive into domestic law. As always, we
incorporated into waste policies. Departure substance or object will not lead to overall must wait for the regulations to be
from the hierarchy will be allowed for adverse environmental or human health published before we can fully understand
specific waste streams if justified on impacts. the resulting effect on waste. Watch this
technical, economic and environmental The WFD will provide eagerly awaited space for news on consultations...
Rhiannon Holtham, Associate rholtham@clarkslegal.com
Martin Salt, Senior Solicitor, msalt@clarkslegal.com
www.forburyenvironmental.com www.clarkslegal.com
SUSTAINABLE FM | MAY 2009
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