End of Waste Regulation (metals) and the Producer Responsibility Obligations (Packaging Waste) Regulations.
This document provides an overview of the End of Waste regulation and its effect on the implications for UK accreditation of metal recovery/recycling operators under the Producer Responsibility Obligations (Packaging Waste) Regulations.
At the Transport Council on 31st March 2011 the EU End of Waste Criteria Regulation for certain types of scrap metal was adopted. The Regulation entered into force in April following its publication in the Official Journal on the 28th April and will directly apply from 9th October 2011 in all member states. Where the criteria are met, the practical effect of the Regulation will be to set the point at which the specified types of scrap metal cease being waste, which may change the point at which such materials are considered to have been recovered/recycled.
The adoption of this Regulation has direct implications for the UK packaging recovery system. Within the Packaging Regulations there is no definition of the ‘point of issue for a PRN/PERN’. The ability to issue PRNs is linked to the recovery of packaging waste and the Regulations define “recovery” as any applicable operation provided for in Annex II to the Waste Directive. Any business engaged in the recovery of waste packaging can apply to be accredited as a reprocessor, stating which recovery process (and material) they wish to be accredited for.
Based on compliance with the end-of-waste criteria established under the Council Regulation, a new group of businesses may now be able to show that they have recovered the waste metals and so apply to be an accredited reprocessor.
Following the coming into force of the end-of-waste criteria established under the Council Regulation on 9th October 2011, the scrap metal may cease to be waste before it reaches those currently accredited as reprocessors or exporters if it meets the criteria. If that is the case, it is no longer considered packaging waste and PRNs cannot be issued against it by those accredited reprocessors or exporters who receive the material
Existing established reprocessors would still be eligible to be accredited and able to issue PRNs, but only on material they received which had not already had a PRN issued against it.
The Environment Agencies will issue revised guidance for the next accreditation round and it is envisaged that the changes will take effect for the 2012 obligation year.
Due to the scope of the likely changes, we would welcome any comments from interested parties on how the system will function and any operational risks and how to manage them.
Subject to demand, we will also schedule a series of round-table meetings to discuss these issues. If you would like to attend a meeting, please email by 16th May.
A consultation paper seeking views on this will be posted on our web site and circulated to interested parties shortly.
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