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 December 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:
|Biodegradable Waste||Pollution Prevention & Control|
HC Environment, Food & Rural Affairs Committee: The draft National Policy Statement for Hazardous Waste: this report critically examines the draft National Policy Statement (NPS) that will guide decision-making on applications for large scale hazardous waste infrastructure. The Committee concludes that the NPS must be amended to keep costs to a minimum and reduce the risk of flooding. It found that the NPS contains ambiguities which could lead to lengthy and expensive legal argument, and that there is a real risk that if it is not amended it will actually discourage developers from investing in needed infrastructure. As well as providing greater clarity in the policy statement itself, the Committee calls on DEFRA to look for opportunities to reduce bureaucracy and duplication in the planning process. It is also concerned that the NPS does not set out a sufficiently robust approach to the issue of flooding and it recommends that the Environment Agency be given the power to veto applications on ground of flood risk. (14 December 2011)
DBIS: Green Investment Bank moves a step closer: the Business Secretary has given details of the rollout of the Green Investment Bank (GIB). Its first priorities for investment will be offshore wind power generation, commercial and industrial waste processing and recycling, energy from waste generation, non-domestic energy efficiency and support for the Green Deal. To accelerate private sector investment in the green economy, a new team, UK Green Investment (UKGI) will be set up within DBIS to drive investment in the UK’s green infrastructure until the GIB is formally established. He also announced the GIB’s delivery schedule - the project will evolve over three phases:
The formal recruitment process for appointments to the Green Investment Bank board and senior management team will begin in January 2012, with the appointment of the Chair being made in Spring 2012. (12 December 2011)
DBIS: Location of the Green Investment Bank - Self assessment process: this document sets out the criteria that will be taken into account in reaching a decision on the GIB’s location. The key underlying consideration in determining this will be the operational effectiveness of the GIB, ensuring it is capable of delivering its primary objective of increasing the speed and scale of commercial investment in the UK’s green infrastructure. Anyone wishing to provide information about the merits of a location should submit self assessments by 30 January 2012. (12 December 2011)
DBIS: Managed account/s for investments in waste infrastructure in the UK - Call for expressions of interest from fund managers: UK Green Investments (UKGI) is seeking expressions of interest from experienced fund managers to run Government managed accounts of up to £100m to be invested in waste infrastructure projects. The fund will invest in small waste infrastructure projects, waste recycling and waste treatment ahead of the establishment of the Green Investment Bank (GIB). Potential fund managers should target the waste infrastructure sector, and projects with a technical focus on value adding: re-use, recycling, or waste reprocessing facilities; waste-to-energy facilities; waste facilities displacing fossil fuels; and rollout of proven waste technologies across the UK. They should also show how they intend to raise the private sector investment to invest alongside UKGI. The deadline for submission is 4 January 2012. (12 December 2011)
DEFRA: Recovery and recycling targets for packaging waste for 2013-2017: seeks views on proposed new recovery and recycling targets for 2013-17 in the Producer Responsibility Obligations (Packaging Waste) Regulations 2007:
The consultation closes on 10 February 2012. (16 December 2011)
Environment Agency: Consultation on our guidance Pollution Prevention Pays: seeks views on updating the good practice booklet currently known as ‘Pollution Prevention Pays: Getting your site right’ which helps small to medium sized businesses, as well as larger businesses, reduce their risk of causing environmental pollution. The guidance covers background information, action points to follow to improve environmental performance and sources of further help. It has advice on site drainage, deliveries and handling, waste management, trade effluent, groundwater and training and emergencies. The revised guidance has updated legal requirements and good practice action points for business across England and Wales. The consultation closes on 23 March 2012. (19 December 2011)
European Commission: New EU procurement thresholds: announces the new thresholds that apply from 1 January 201. For local authorities, these are:
See also the Cabinet Office’s Procurement Policy Note
10/11: New Threshold Levels for 2012 and changes in the use of
the Accelerated Restricted Procedure.
The formal notice of the amendments is set out in Commission Regulation 1251/2011. (2 December 2011)
European Commission: Proposal for a Directive of
the European Parliament and of the Council on public procurement
(COM (2011) 896): this draft Directive is intended to replace
the Consolidated Procurement Directive 2004/18. It follows on from
the January 2011 Green Paper that sought views on options for
legislative changes to make the award of contracts easier and more
flexible and enable public contracts to be put to better use in
support of other policies, including the need for simpler and more
flexible procedures, strategic use of public procurement to promote
other policy objectives, improving access of SMEs to public
contracts and combating favouritism, corruption and conflicts of
There is an equivalent draft Utilities Procurement Directive (COM (2011) 895) that will replace Directive 2004/17.
Further details of both draft Directives are set out in Memo/11/931 – FAQs on Commission proposals to modernise the European public procurement market. (20 December 2011)
European Commission: Proposal for a Directive of
the European Parliament and of the Council on the award of
concession contracts (COM (2011) 897): this draft Directive
aims to complete the European public procurement regime by
including service concessions. The proposed rules establish a clear
legal framework to ensure the necessary legal certainty for public
authorities when performing their duties, guaranteeing effective
access to the concessions market for all European businesses,
including SMEs, so as to stimulate the development of
public-private partnerships. The Commission proposes the obligatory
publication of concessions in the OJEU, and also proposes
specifying the obligations of the contracting authorities as
regards the choice of selection and award criteria, imposing
certain basic guarantees which should be respected during the award
procedure and extending the benefits of the Remedies Directive
regarding public procurement to any person interested in obtaining
a concession, as well as adopting certain clarifications on, for
example, the concession amendments currently under way. The
provisions will apply only to large concessions in cases with an
evident cross-border interest.
Further details are set out in Memo/11/932 – FAQs on the draft Concessions Contracts Directive. (20 December 2011)