MARCO MUIA: DIRECT AND TO THE POINT
www.oaktree-environmental.co.uk
Looking for answers from the great brexit beyond
WHAT’S in store for 2019? It feels like no politician actually knows and making any predictions in the face of November’s mind-numbing news would be premature. With a legislative draft and operational changes in store post-Brexit there’s no doubt waste will be produced en-masse, but this time there will be rising uncertainty of recycling and disposal options.
RDF exports
The CIWM report ‘RDF trading in a modern world’ provides analysis of the RDF markets in the UK and Ireland and the destination countries used. Interestingly, RDF exports in England have plateaued in 2016 and 2017, but still total 3.2 million tonnes per year – a considerable fi gure on its own. For the whole of the UK and Ireland the fi gure is 3.9 million tonnes, 66% of all RDF exported from European countries. Rather than review the report, it is worth looking up as it provides an analysis of potential impacts from Brexit, EU and international demand for RDF, quality standards and China’s ‘National Sword’ campaign.
Waste crime
Where there’s muck there’s waste crime and November saw the release of a report commissioned by Defra entitled ‘Independent review into serious and organised crime in the waste sector’. It makes an interesting read and I think my opinion on the report can wait until I’ve a full-page review. However, some of the recommendations will unfairly penalise good operators and won’t guarantee better regulation. There’s no doubt complete reform of our regulatory system is required to tackle illegal waste activity. It’s worth noting the report quotes the Home Offi ce’s defi nition of serious and organised crime as ‘individuals planning, coordinating and committing serious off ences, whether individually, in groups and/or as part of transnational networks’.
The report does not make a distinction between level of criminality involved and the recommendations summarised below. If implemented, there’ll be signifi cant impact on all operators. It does propose imposing stricter duty of care on waste producers and regular discussions with regulatory offi cers, which is something I’ve long been in favour of.
Establishment of the Joint Unit for Waste Crime (JUWC)
Strategic relationships between the Environment Agency (EA) and PCCs should be established. The EA should be equipped with necessary tools and powers, and should be granted full access to relevant police database to pursue and disrupt organised crime. Waste sector legislation should be amended to allow for eff ective prevention. Mandatory electronic tracking of waste, and a national database of registered brokers, should be introduced at the earliest opportunity.
Registration and duty-of-care requirements for carriers, brokers and dealers should be reformed, which includes hazardous waste. Waste producers should be held accountable for the end destination of waste products. Plans for additional 2018- 2022 EA funding should be reviewed to ensure consistency with plans for a JUWC. The government should reform funding for the regulation and policing of the waste sector at the earliest opportunity.
Defra on Brexit regulations amid European Commission notice
Defra is working on regulations that will implement EU waste law post-Brexit but they are also working on the legislative impact; should there be a no-deal Brexit. One of the main concerns is the potential for disruption to waste exports. I’m struggling to understand why this should happen as the UK will remain a signatory to the Basel Convention and
MARCO MUIA
MARCO Muia BSc (Hons) MSc MCIWM is a Director of Oaktree Environmental Limited and a respected industry professional. He specialises in all aspects of waste planning and regulation consultancy. Waste expert Marco also holds the level 4 COTCs for Hazardous Waste Treatment and Transfer, and is available for consultation.
30 SHWM December, 2018
You can contact Marco on: 01606 558833. If you have any questions about this article or want advice, e-mail him via:
marco@oaktree-environmental.co.uk Follow him on Twitter @wastechat
www.skiphiremagazine.co.uk
the OECD decision which underpin waste export rules and apply to non-EU countries as well (those that are party to the agreements). As long as we retain our trans-frontier shipment legislation the controls and balances required to ensure waste is dealt with properly will not change. For example, the waste reaches the notifi ed destination and is processed as notifi ed. On November 8 the European Commission issued a notice to stakeholders, covering the withdrawal of the UK and EU waste law.
The implications relating to the notifi cations seems to be a signifi cant barrier to waste exports, and in this day of electronic communications, it is another layer of bureaucracy. The competent authorities (such as the EA) send a stamped copy of their decisions to consent to the relevant customs offi ces – which includes customs offi ces of exit or entry. The carrier then delivers a movement document copy to relevant Union customs offi ces – which again, includes the customs offi ces of exit or entry. It’s important to note, the relevant Union customs offi ces to send to should receive a stamped copy of the movement document to the competent authority of dispatch, transit and the destination in the Union, which states the waste has either left or entered the Union. In case of an export from the Union, the contract associated with the notifi cation should stipulate obligations for the consignee of waste and the treatment facility. In addition, the notifi cation will have to contain information of the customs offi ces of entry and exit. Another issue requires more column inches. I know the reviews above are brief but with so much happening it’s important to be aware of what’s on the horizon so we can plan forward and hope the impact is not as severe as predicted.
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