Industry stakeholders have broadly welcomed the government’s consultation on revision to the Waste Regulations 2011.

This follows December’s adjournment of the judicial review brought against Defra and the Welsh Government by members of the Campaign for Real Recycling (CRR). The proposed amendment sees the term ‘co-mingling’ removed from the definition of ‘separate collection’ of paper, metal, plastic or glass recycling in the regulations.

Defra’s new drafting makes the need for separate collection of these materials a requirement for councils if this is ‘technically, economically and environmentally practicable’ and, significantly, the only way to meet ‘appropriate quality standards’ for the recycling industry.

Responding on behalf of the CRR, Mal Williams, Chair, said: “As CRR members have been claimants in the review and as the right amendments have the potential to bring about a large portion of the changes that the CRR wishes to see, we will be keeping a close watch on Defra’s approach to this consultation. We will also be looking hard at the interesting new wording for Regulation 13 which Defra has proposed.

“Securing, maintaining and maximising material value in collection is the best course for local authorities, for reprocessors and for the economy in the UK. The logic and evidence of this is now irrefutable and, happily, it squares wholly with the spirit and wording of the EU Waste Framework Directive. Transposing the regulation should therefore clearly direct collection practice towards separation in order to maximise material value.”

In a briefing on the consultation, the Local Government Association (LGA) has stated that the amended regulation will rely on the statutory guidance from the  European Commission, which is still currently in draft form. The LGA states: “It will be important that the guidance defines the practicality and quality standards as clearly and broadly as possible. Having a gap between the laying of the amended regulation and production of the guidance does pose some risks. The LGA will be urging Defra to create guidance that offers councils that choose to comingle based on evidence of local circumstances protection against unnecessary and costly legal action, should another non-democratically elected organisation choose to challenge their decision.” The proposed changes to the regulations look set to intensify debate over ‘appropriate quality standards’ for the recycling of paper, metal, plastic or glass. The government has also announced plans for further consideration on the issue in the summer, including the proposal to make the Environmental Services Association’s (ESA) materials recovery Facility (MRF) Code of Practice mandatory. According to Ray Georgeson, Chief Executive of the Resource Association, “the industry needs clarity, and quickly” and “high quality recycling and quality standards must be a priority”. Georgeson added: “Effective collaboration of the whole supply chain will be the key to successful establishment of quality standards. We stand ready to constructively contribute to this, and have already had informal discussions with ESA about reprocessor involvement in the revision of the MRF Code of Practice. Moving this to a mandatory basis will be a welcome step, provided that an effective and transparent regulatory regime is devised alongside a consensus based approach to the setting of quality standards, which fully involves UK reprocessors.”Speaking on behalf of the ESA, Mathew Farrow, Director of Policy, also felt swift resolution to the debate is imperative.The consultation can be found on the Defra website at http://www.defra.gov.uk/consult/files/waste-regs-condoc-120222.pdf. The closing date for response is scheduled for Thursday 12 April.