Consultation on revising the requirements regarding evidence of broad equivalence for export reprocessing sites
Producer Responsibility Unit
Defra
Floor 6, Area D
Ergon House
Horseferry Road
London SW1P 2AL
18 March 2008
Dear Consultee,
We are pleased to invite you to participate in a consultation on proposed amendments to the Producer Responsibility Obligations (Packaging Waste) Regulations 2007.
Background
Article 6(2) of Directive 94/62/EC on Packaging and Packaging Waste, as amended, states that packaging waste exported out of the European Community only counts towards recovery and recycling targets if there is sound evidence that the recovery and/or recycling operation took place under conditions broadly equivalent (BE) to those prescribed by relevant Community legislation.
Due to the way in which the UK has transposed the Directive requirements, exporters of waste packaging are finding it increasingly difficult to obtain evidence of BE conditions from overseas reprocessors, despite significant resource input by both the Environment Agency and exporters.
This is proving to be a particular problem for metals recycling, because of the intrinsic value of the material. In the absence of evidence of broadly equivalent conditions, and subsequent accreditation, exporters will continue to ship waste packaging for recycling outside the EU. The qualifying ‘packaging waste’ (waste which could count towards the targets is still being exported and reprocessed under BE conditions) but where it is impossible to obtain the evidence required by the regulators or competent authorities to grant accreditation it cannot be officially counted towards the UK’s packaging recycling targets. These requirements are without prejudice to the requirements of the Waste Shipments Regulation (EC No. 1013/2006, in particular Articles 18 and 49).
This places the achievement of the Packaging Directive’s recycling target for metal at risk, as the UK cannot meet this target without export. In 2006, 50% of the recycling evidence for steel packaging was generated from export; the figure for aluminium was 23%.
This consultation, presented by the Department for Environment, Food and Rural Affairs, Department of the Environment Northern Ireland, the Scottish Government and the Welsh Assembly Government, explores how this situation could be resolved, in order to:
- facilitate the achievement of the recycling targets for 2008 and subsequent years for waste metal packaging by making sure that as much of the material reprocessed in facilities outside the EU which operate under “broadly equivalent” conditions as possible can be counted against the UK target;
- keep the cost of compliance for metals packaging producers to a manageable level;
- safeguard the environmental standards enshrined in Article 6(2) of the Packaging Directive.
The Consultation can be found on the website: www.defra.gov.uk/corporate/consult/metalwaste-reprocess/
Consultation process
This consultation paper is presented by the Department for Environment, Food and Rural Affairs, the Scottish Executive and the Welsh Assembly Government.
We are seeking your views on proposals to revise requirements regarding evidence of broad equivalent conditions for export reprocessing sites, and on the partial Impact Assessment which supports the proposals.
The consultation will start on 18 March 2008 for 6 weeks. Responses should be received no later than 29 April 2008.
All responses should be sent by email to packaging@defra.gsi.gov.uk, or by post to Producer Responsibility Unit, Department for Environment, Food and Rural Affairs, Zone 6/D, Ergon House, Horseferry Road, London.
Respondents in Scotland should also send their response to:
Adam Sinclair
Waste & Pollution Reduction Unit
Environment Directorate
The Scottish Executive
1J-N Victoria Quay
Edinburgh,
EH6 6QQ
Email: waste.team@scotland.gsi.gov.uk
Respondents in Wales should also send their response to:
Owen Venables
Waste Regulation Policy branch
Welsh Assembly Government
Cathays Park
Cardiff,
CF10 3NQ
Email: owen.venables@wales.gsi.gov.uk
Respondents in Northern Ireland should also send their response to:
Wendy Cooke
Planning and Environmental Policy Group
20-24 Donegall Street
Belfast, BT1 2GP
Email: wendy.cooke@doeni.gov.uk
Please make sure that any email responses are clearly marked ‘Broadly Equivalent – Consultation Responses’.
In your response, please explain who you are and, where relevant, whom you represent and give your name and appropriate contact details.
In line with Defra’s policy of openness, at the end of the consultation period copies of the responses we receive may be made publicly available through the Defra Information Resource Centre, Lower Ground Floor, Ergon House, 17 Smith Square, London SW1P 3JR. The information they contain may also be published in a summary of responses.
If you do not consent to this, you must clearly request that your response be treated confidentially. Any confidentiality disclaimer generated by your IT system in email responses will not be treated as such a request. You should also be aware that there are circumstances in which Defra will be required to communicate information to third parties on request, in order to comply with its obligations under the Freedom of Information Act 2000 and the Environmental Information Regulations.
Enquiries and Complaints
The Information Resource Centre will supply copies of consultation responses to personal callers or in response to telephone or email requests (tel: 020 7238 6575, email: defra.library@defra.gsi.gov.uk. Where possible, personal callers should give the library at least 24 hours’ notice of their requirements. An administrative charge will be made to cover photocopying and postage costs.
If you have any queries about this consultation you should contact Ian Atkinson by email ian.atkinson@defra.gsi.gov.uk or telephone on 020 7238 4345.
Complaints relating to this consultation should be sent to Marjorie Addo, Defra’s Consultation Co-ordinator, Area 7C Nobel House, 17 Smith Square, London SW1P 3JR.
This consultation is in line with the Code of practice on consultations. This can be found at www.berr.gov.uk/bre/consultation%20guidance/page44420.html
We look forward to hearing from you.
Yours faithfully
Ian Atkinson
Department for Environment, Food and Rural Affairs
Page published: 18 March 2008