The paper mills, which have two members – SCA and UPM – with materials recycling facilities, and Novelis are all members of the Campaign for Real Recycling, which today (February 9) said it would seek a Judicial Review over draft regulations laid yesterday which transpose the directive into law in England and Wales.
Other large reprocessors such as glass recycling firm Berrymans are also members of the CRR, alongside recycling companies. The group is well-supported by third sector groups who operate kerbside sort schemes and have long opposed the commingled collection of material.
Yesterday (February 8) Defra revealed that under its proposed implementation of the Waste Framework Directive revisions, both comminged and source-separation will count towards the “separate” collections of at least paper, glass, metals and plastics required under Article 11(1) of the Directive by 2015 (see letsrecycle.com story).
But, the Campaign for Real Recycling claims that by including commingling, the regulations for implementing the Directive in England and Wales that were laid yesterday are not a transposition of it.
And, the campaign said it believed it had a “strong chance of success” in proving that Defra's position was contrary to “both the wording and the spirit” of the Waste Framework Directive.
We will be questioning Defra's evidence base for the inclusion of comingling
Mal Williams, CRR
Mal Williams, the chair of the CRR, said: “Legal advice we have received suggests that we have a very strong chance of success. We will be questioning Defra's evidence base for the inclusion of comingling.
“We will also be pointing at the internal inconsistencies within Regulation 12 of the transposition legislation as currently drafted. For a start, there is no definition for comingled material in the reference documents of the rWFD.”
Mr Williams said that while he could not provide further comment on the proposed legal action, “I can reassure those who want to see value and quality in recycling that we are preparing our case and will be seeking permission for a judicial review to remedy this fudge.”
He also claimed that Defra had known since autumn 2010 that the CRR would pursue legal action if commingled collections were included in the transposition of the Directive.
Friends of the Earth
Support for the CRR came from Friends of the Earth, which is also an advocate of separate collections of recyclable material.
Julian Kirby, resource use campaigner at Friends of the Earth, said: “We agree entirely with the CRR. We think commingling is not separate collection and that it should be sorted at the earliest point which is at the kerbside which avoids rejects of around 10% and guarantees quality which is essential to reprocessors and prevents material being needlessly sent abroad.
“It is disappointing if the government is bowing to the commingling lobby and fudging the issue.”
Commenting on whether Friends of the Earth would take legal action in its own right, Mr Kirby said that the organisation was a member of the CRR and was therefore already tacitly involved.
He added: “We would need to talk to our legal team. I can't say whether or not we will get more directly involved.”
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