to read the full report - Ecolateral by Peter Jones

Evaluation of Opportunities for Converting Indigenous UK Wastes to Wastes and Energy
AEA/ED45551/Issue 1
Appendix 2
Waste Legislation
Waste management strategies
The European Union has become the major source of environmental legislation and guidance in
relation to the management of waste. A number of European Directives which aim to increase levels
of recycling and recovery, and thus reduce the amount of waste which is landfilled, have been
introduced:
• Framework Directive on Waste (75/442/EEC)
• Landfill Directive (1999/31/EC)
• Directive on Packaging and Packaging Waste (94/62/EEC)
• Waste Electrical and Electronic Equipment Directive (2002/96/EC)
• End of Life Vehicles Directive (2000/53/EC)
• Ozone Depleting Substances (Regulation 2037/2000)
• Directive on Batteries (2006/66/EC)
• Waste Incineration Directive (2000/76/EC)
Although most waste legislation in the UK has been introduced to meet the requirements set by
European Directives, the UK Government has also introduced additional legislation, some of which,
such as the Landfill Tax Regulations 1996, is specifically aimed at encouraging recycling.
Landfill Directive
The European Commission Landfill Directive of 1999 (1999/31/EC) was passed into English and
Welsh law in 2002, and Scottish law in 2003. This aims to prevent, or minimise, the negative effects
on both the environment and human health caused by landfilling of wastes. The Directive requires the
amount of biodegradable municipal solid waste (MSW) sent to landfill in the UK to be reduced:
• to 75% of 1995 levels by 2010,
• to 50% of 1995 levels by 2013, and
• to 35% of 1995 levels by 2020.
The Government has implemented the requirements for land filling of biodegradable waste through the
Waste and Emissions Trading Act 2003. This sets Waste Disposal Authorities annual allowances
limiting how much biodegradable municipal waste (BMW) can be landfilled in any particular year, with
effect from April 2005. The Government will fine Authorities that do not achieve their annual targets,
but will allow Authorities to buy allowances from other Waste Disposal Authorities if they expect to
landfill more than their allocations and sell their surplus if they expect to landfill less than their
allowance.
The Landfill Directive also sets a requirement that only waste that has been subject to treatment can
be landfilled. This requirement applied to landfilling of hazardous waste from July 2004, and was
extended to all wastes (such as commercial and industrial wastes) destined for landfill (with some
exceptions) from 30 October 2007. A number of European countries have introduced 315 legislation
which bans the landfilling of wastes with biological activity and intrinsic energy above set de-minimis
limits. These restrictions apply to all wastes irrespective of their origin, and compliance is impossible
without some form of treatment - mechanical, biological or thermal. However, the guidance 316 for the
UK indicates that provided some source separation of recyclable material has occurred, the waste can
be landfilled without requiring any further treatment. The Government intends to consult on whether
the introduction of further restrictions on the landfilling of biodegradable wastes or recyclable materials
would make an effective contribution to meeting the objectives (reducing greenhouse gas emissions
315 Delivering Key Waste Management Infrastructure : Lessons Learned from Europe. Final Report by SLR to CIWM, November 2005
316 Treatment of non-hazardous waste for landfill. Environment Agency, February 2007.