This Update contains brief details of recent Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in October 2011.
This Update contains brief details of recent Government and EU publications, legislation, cases and other developments in England and Wales relevant to those interested in municipal waste management, which have been published in the past month.
Items are set out by subject, with a link to where the full document can be found on the internet. All links are correct at the date of publication.
If you have been forwarded this update by a colleague and would like to receive it direct please email Claire Booth.
The following topics are covered in this update:
|Judicial Review||Waste Collection|
Waste and Emissions Trading Act 2003 (Amendment) Regulations 2011 (SI 2011/2499): these regulations, which come into force on 21 November 2011, amend the Waste and Emissions Trading Act 2003 and the Landfill Allowances and Trading Scheme (England) Regulations 2004 to reflect a new interpretation of the term ‘municipal waste’. They introduce a new term for the category of waste that continues to be covered by the landfill allowance scheme, ‘local authority collected municipal waste’, in order to distinguish it from the broader term, ‘municipal waste’. The new term is needed to cover the municipal waste collected and dealt with by local authorities for the purposes of landfill allowances schemes to distinguish it from the waste covered by the broader term ’municipal waste’. The change follows European Commission concerns that the UK’s existing approach was focused too narrowly on waste collected by local authorities; that it focused on too small a subset of the totality of waste produced and that the environmental objectives of the Landfill Directive 1999/31 to reduce the negative effects of landfilling were better addressed by a broader interpretation of the definition. The UK has now changed its interpretation to include more commercial waste collected by the private sector. This changed interpretation substantially increases the amount of biodegradable municipal waste (BMW) that is subject to the diversion targets under the Directive, as a much larger proportion of commercial and industrial waste is now included within the definition. Whereas previously “municipal waste” only applied to waste managed by local authorities it will now extend to cover waste managed by private sector waste management companies. (17 October 2011)
European Commission: Commission Staff Working Paper concerning the application of EU public procurement law to relations between contracting authorities ('public-public cooperation') (SEC(2011)1169): this paper aims to provide a broad overview of existing ECJ case law concerning the application of the Public Procurement Directives to various types of situations where contracting authorities together seek to ensure the performance of their public tasks. The court has confirmed that contracts between contracting authorities cannot be automatically presumed to fall outside the application of EU public procurement law; however, the case law also shows that certain forms of cooperation between contracting authorities cannot be regarded as public procurement contracts. The paper consolidates and summarises this case law, and draws some conclusions from it. It highlights the need to distinguish between procurement activities which should benefit from open competition among economic operators as ensured by the EU procurement rules, and other arrangements which contracting authorities may use to ensure the performance of their public tasks and which do not fall within the scope of the EU Public Procurement Directives. (4 October 2011)
WRAP: Business recycling and waste services commitment: WRAP & DEFRA have launched a recycling charter to help boost recycling rates and tackle the issues smaller businesses face in getting access to waste services. The document aims to help local authorities improve the satisfaction of their business customers with how their rubbish and recycling is collected and ultimately boost recycling rates. The voluntary commitment sets out 12 principles of best practice that local authorities can use to tailor services to local businesses such as the need to make recycling easy, provide value for money and continually improve services through feedback. (19 October 2011)
Heavy snow is forecast around the country over the weekend with up to 30 cm expected on higher ground. While this may bring...
The Fish Legal case has finally been concluded, with the Upper Tribunal ruling that the four water companies involved are indeed...