PRODUCER RESPONSIBILITY
69. 'Producer responsibility' is the phrase used
to define systems where the manufacturer of a given product is
required (or volunteers) to take responsibility for the handling
(and sometimes final destination) of some or all of the waste
associated with that product. Perhaps the best known example from
previous years was the system of deposits on bottles of fizzy
drinks, a scheme which unfortunately ceased in the 1970s. A similar
system (without deposits) continues to operate for the delivery
of milk. More recent initiatives have resulted in the packaging
regulations, which require a given proportion of packaging materials
to be reclaimed by the manufacturer.
70. Many witnesses argued that greater producer responsibility
would be required to change the waste management system and expressed
disappointment with the provisions made in the Strategy.[116]
For example, the National Association of Waste Disposal Officers
wrote that:
"the producer-responsibility
obligation should be strengthened within the national waste strategy
and highlighted to reflect the need for industry to be the primary
agency responsible for delivering a reduction in the nation's
use of resources."[117]
Witnesses also stressed that producer responsibility
was the main mechanism to ensure that manufacturers end up sharing
the with householders the costs of improving waste management.
Waste Watch commented that:
"the lack of hard hitting
producer responsibility measures means that society at large will
continue to pay the full price of waste disposal, not the producers
of products that ultimately become waste."[118]
71. Few witnesses declared themselves opposed to
producer responsibility measures although many were critical of
the packaging regulations. We have considered the Packaging Regulations
in detail in a previous Report[119]
and we will not go over them in detail here. Perhaps the main
point is that the Packaging Regulations appear to be a good example
of how not to introduce effective producer responsibility
requirements. The Regulations came into force in 1997 and set
targets for recovery and recycling of packaging waste. Obligated
businesses must recover and recycle packaging waste: 50% must
be recovered in 2001, with at least half of that recycled. Many
witnesses noted the apparent failure of the Regulations to reduce
the amount of packaging.[120]
The complexity of the Packaging Regulations means that manufacturers
and specifiers of packaging do not directly experience the costs
which those Regulations impose on the users of packaging. As a
result, it is arguable whether there is any real incentive for
those manufacturers to reduce packaging or to redesign it such
that it is easier to reuse or recycle. Although it seems that
the Packaging Regulations have had only limited success in increasing
the amount of packaging being recycled, they have at least forced
companies to monitor the amount of packaging that they use.[121]
However, this must be considered a poor return for such a complicated
and expensive system. The Packaging Recovery Note (PRN) system
for demonstrating compliance with the packaging waste obligation
is too complicated and has resulted in large sums being distributed
to reprocessors, thereby contributing little to the objectives
of the system.
72. To return to the bottle-deposit system, we heard
from Valpak and Incpen about the decline and subsequent abandonment
of this system in the UK. Mr Turner from Valpak told us that:
"One of the reasons
for the change was the amount of waste in the returnable system.
The losses incurred in returnable systems through fraud, breakage
and the winter - one of the major problems in the winter when
bottles are stored outside is people forget that they fill up
with water and freeze so it is a total loss situation. The whole
thing became extremely expensive."[122]
Quite simply, these reasons sound like excuses -
they are simply problems which could have been (and should have
been) overcome.[123]
Instead, for short-term cost-saving reasons, an essentially effective
scheme was abandoned. We were encouraged that the Minister backed
the re-introduction of such a scheme.[124]
73. In general, it seems that the Government only
uses producer responsibility systems where it is required to do
so to implement an EU Directive. Amongst the Directives which
will require this approach in the near future are the End of Life
Vehicles Directive, the Waste Electrical and Electronic Equipment
Directive and the Batteries Directive. Although Patricia Hewitt,
Minister of State for the Department of Trade and Industry, declared
that producer responsibility has got a "very important role
to play in ensuring that we get much greater recycling and reuse...",[125]
this role is not evident from the Waste Strategy 2000,
nor from the rest of her oral evidence.
74. The emphasis is made clear in the memorandum
from the DTI:
"the DTI's general preference
is to encourage a voluntary approach to producer responsibility
... DTI is closely involved, with other Departments, in the identification,
initiation and development of any new producer responsibility
measures."[126]
75. To date, voluntary initiatives in producer responsibility
have made little impact. Aside from the recycled content of newspaper[127]
and a putative attempt to tackle junk mail, there are no meaningful
examples which have arisen as a result of Government initiative.
When questioned further about this, the Minister could offer no
new areas (other than those which will soon be covered by Directives)
in which the Government was working to secure a voluntary agreement
on producer responsibility.[128]
Problems with voluntary schemes of many different types have been
well documented elsewhere: there are questions of enforcement,
usually an absence of sanctions for those failing to play their
part and, as a result, the 'free rider' problem of companies not
playing their part and relying on others within the sector fulfilling
their share.[129]
Ultimately, since producer responsibility attempts to make polluters
pay, it is not difficult to see why voluntary initiatives of this
sort are so scarce. Polluters rarely offer to pay.
76. We did not gain the impression of the DTI acting
as a persuasive arm of Government, pressing sectors of business
to develop producer responsibility initiatives. Similarly, the
CBI appeared to be adopting an essentially defensive approach
to waste management and, unfortunately, this attitude extended
to producer responsibility. Indeed, if the evidence from the Confederation
of British Industry was representative, it is difficult to imagine
that this is a fertile area without much greater effort (and the
threat of legislation) from Government, preferably without the
need for arm-twisting from Europe. The lack of energy and initiative
displayed by DTI in this area is perhaps an indication of a wider
problem: Peter Jones from Biffa Waste Services Ltd told us that
there was a need for DTI to 'buy in' to the need for greater producer
responsibility and accept that this would involve increased costs
for industry. [130]
As an example of what can be done with producer responsibility,
we have put in Appendix 3 details of the Swedish and Belgian schemes
which applied the principle to batteries.
77. Another example of the problems posed by the
Government's current approach to producer responsibility is provided
by cars: although the End of Life Vehicles Directive will ultimately
require manufacturers to take responsibility for cars once they
are no longer used, there appear to be no transitional arrangements.
This is a major problem for local authorities: the number of abandoned
vehicles has risen by some 300% during the last two years as a
result of the collapse of the scrap metals markets.
78. Producer responsibility is one of the strongest
mechanisms to transform waste management but the Government appears
to have a rather sluggish attitude to developing it and applying
it to more product streams. Unless this instrument is used more
extensively and effectively, the costs of transforming waste management
will fall predominantly on the taxpayer in general, rather than
industry and the consumers of specific products. In this area,
the 'strategy' appears to be to implement any relevant EU Directives
whilst paying lip service to developing voluntary initiatives.
The stated reliance on a voluntary approach is unlikely to deliver
improvements in any but the most straightforward product streams.
We await the extension of producer responsibility initiatives
to a much broader range of products within the waste stream, including
cars, batteries, tyres and chewing gum.
Composting
79. Composting is the most effective way of dealing
with garden and other 'green' wastes. Kitchen waste can also be
composted under certain conditions. People often refer to a composting
'hierarchy'[131]
- best is home composting; then community composting, whereby
organic waste is composted locally within and by the community;
then centralised composting, managed by the local authority. Home
is considered the most attractive since it involves no additional
transport and the compost produced can be used in the householder's
garden, thereby returning nutrients and organic matter to the
soil. In this way, home composting can also be considered to be
very much in line with efforts to minimise waste production.
80. The scale of composting is not fully known since
a good deal of it takes place in gardens and is not monitored
or measured. The Composting Association survey of 1999 found that
around 900,000 tonnes were being composted each year outside of
householders' gardens with the vast majority, 800,000 tonnes being
processed at 59 centrally-run sites. The targets of relevance
to composting are the following:
- to recycle or compost at least 25% of household
waste by 2005
- to recycle or compost at least 30% of household
waste by 2010
- to recycle or compost at least 33% of household
waste by 2015
- to recover value from 40% of municipal waste
by 2005
- to recover value from 45% of municipal waste
by 2010
- to recover value from 67% of municipal waste
by 2015
When asked about the practical implications of these
targets, Dr Jane Gilbert of the Composting Association told us
that:
"A rough estimation
by 2003 ... is that in England and Wales we need to see somewhere
in the region of about two million tonnes per annum composted
... But preliminary results from the Association's survey ...
[show] that in England and Wales in 1999 only about 580,000 tonnes
of material, municipal waste, was composted in England and Wales.
So we are going to need to see virtually a four-fold increase
by 2003."[132]
81. In 1998 we concluded that "We are convinced
by the evidence we have received that a future national composting
strategy should require the use of source separated waste, to
produce an environmentally beneficial end product."[133]
The evidence we heard during the course of this inquiry strengthened
our belief that this conclusion remains the right one.
82. The alternative to composting of separated organic
materials is composting mixed municipal waste. Inevitably, the
final product which results from such a process will be of a lower
quality than is produced by composting sorted organic material.
The Composting Association wrote of their concern that a lack
of resources will hinder waste separation at source resulting
in 'mixed waste treatment options' which will produce large quantities
of very low-grade product fit only for daily landfill cover. The
potential to use composted mixed municipal waste for agriculture
is probably limited: the National Farmers Union told us of their
concern about contaminants getting into the food chain and the
need for "traceability"[134]
- a requirement which can probably never be fulfilled for mixed
municipal waste. The Composting Association noted that a number
of mixed waste plants abroad failed "because of the poor
quality of the material, and particularly the inability to extract
small glass fragments from them."[135]
83. It seems unlikely that mixed waste composting
will ever produce a compost of a high enough standard to find
acceptable uses. It is also an inefficient use of waste materials.
Source separation remains the key to a better waste management
system: an expansion of composting, like recycling, will be of
greatest merit if it makes use of materials which are separated
out by householders. The use of mixed waste to make a compost-like
material is a poor alternative which must not be allowed to prosper
at the expense of schemes based on source separation and a higher
quality product.
84. Standards for compost are important. They reassure
those planning to use the compost and give them confidence in
a consistent product. Many memoranda suggested that the lack of
an agreed definition of compost and the absence of statutory standards
for compost posed a significant barrier to increased composting.[136]
The Composting Association wrote that these problems:
"have the potential
to seriously undermine the existing confidence built up over the
past decade by operators committed to producing and marketing
good quality composts. Today's society has witnessed a number
of significant food scares and the Association expresses concern
that unless clarification of the terminology and uses of compost
is made, similar difficulties may beset the composting industry."[137]
Given the importance of widely accepted standards
of compost, it is somewhat disheartening to hear that the Department
of the Environment, Transport and the Regions has offered only
"goodwill" in aiding the Composting Association to establish
standards.[138] The
Association has received no Government funding to aid the development
of standards despite the fact that the research, development and
implementation of standards is quite clearly a matter of waste
policy. Furthermore, the standards which have been developed have
no statutory backing.
85. It is interesting to note that standards are
one of the main components of the draft working document on the
treatment of biodegradable waste, which was published by the European
Commission in October 2000. Despite this, an official from the
Department of the Environment, Transport and the Regions told
us of his hope that the Commission would not produce a Composting
Directive since "it is very difficult to see what an EU Directive
would achieve."[139]
It is tempting to point out that such a Directive might at least
force the UK Government to support composting standards to a greater
extent than it has so far managed. We are pleased that the
Composting Association has established a system of standards for
the quality of compost but are baffled and disappointed that the
Department of the Environment, Transport and the Regions did not
actively assist the Association in doing this. We expect the DETR
to take an active role in implementing these standards and ensuring
that they become established. If the standards fail to be accepted,
we recommend that the Government act to make the standards for
compost statutory.
86. There are two specific issues which are of importance
to the promotion of household and community composting, which,
it is worth recalling, are above central composting in the hierarchy.
First, given that home composting is the most attractive form,
it is frustrating that it is to be excluded from contributing
towards local authority targets for composting. The decision was
taken because "there are no reliable ways of measuring either
quantities or standards."[140]
But it is estimated that between 200 and 300 thousand tonnes of
materials is composted by households, a significant quantity even
when compared to the 500 thousand tonnes collected for central
composting.[141]
There are various methods which a local authority could use to
estimate how much home composting is being carried out. For example,
by surveying a sample of households or following up the purchase
of home composters. The exclusion from the targets will mean that
local authorities no longer have any incentive to facilitate and
encourage home composting.[142]
We were at least encouraged that Mr Meacher was able to allay
the fears of the Community Composting Network[143]
by stating that community composting would count towards the targets.
Although we appreciate the difficulties of counting home composting
towards local authority targets, its exclusion is unacceptable.
If it is not counted, there is no incentive for local authorities
to encourage this, the most desirable form of composting. The
Government, the Local Government Association, the Composting Association
and the Community Composting Network should work together to find
an acceptable proxy for the amount of home composting in the targets
for local authorities.
87. The second matter is the continued delay in reviewing
the exemptions from the waste management licensing system. We
were informed that the current exemptions system effectively makes
community composting an illegal activity. The Community Composting
Network wrote that:
"The existing Exemption
from Waste Management Licensing Regulations for small composting
sites makes it impossible for community composting to sell their
product. CCN received a written assurance from the Minister for
the Environment in January 1999 that the existing exemption would
be revised, followed by an oral assurance ... that the consultation
document on the revised exemption would be published in November
1999. The consultation document remains to be published."[144]
When we confronted the Minister with this matter,
he apologised for the delay and promised to publish the consultation
"in the next few weeks".[145]
Clearly this matter needs prompt resolution and we urge the
Government to publish the consultation document on revised exemptions
from the Waste Management Licensing system. This has now been
promised for more than two years but has yet to appear. These
delays pose problems for many, not least those involved in community
composting.
96 Waste Strategy 2000, Part 1, page 23 Back
97
From the Audit Commission's Local Authority Performance Indicators
for 1999/00 - England (www.audit-commission.gov.uk) Back
98
Q560 Back
99
The matter of funding to local authorities is considered more
comprehensively later in this report (see paragraphs 193-195) Back
100
Beyond the Bin: The Economics of Waste Management options
- A Final Report to Friends of the Earth, UK Waste and Waste Watch
by ECOTEC Research and Consulting Limited (2000). Back
101
Ev p42, p47, p115, p200 (HC 903-II) Back
102
Ev p3 (HC 903-II) Back
103
Ev p72 (HC 903-II) Back
104
Ev p206 (HC 903-II) Back
105
Q681 Back
106
Q20 Back
107
Ev p127 (HC 903-II) Back
108
Ev p96 (HC 903-II) Back
109
Ev p107 (HC 903-II) Back
110
Q685 and Q1050 Back
111
Q1051 Back
112
Waste Strategy 2000, Part 1, Page 26, paragraph 3.2 Back
113
Q682 Back
114
Q7 Back
115
Sustainable Waste Management, Environment, Transport and
Regional Affairs Committee, HC 484-I (1997-98), para graph 100 Back
116
Ev p21, p41, p127, p210 (HC 903-II) Back
117
Ev p127 (HC 903-II) Back
118
Ev p297 (HC 903-II) Back
119
Sustainable Waste Management, Environment, Transport and
Regional Affairs Committee, HC 484-I (1997-98), para graphs 156-176
Back
120
Ev p17, p297 (HC 903-II) Back
121
Q694 Back
122
Q728 Back
123
See also Ev p164 (HC 36-II) Back
124
Q1129 Back
125
Q1019 Back
126
Ev p206 (HC 36-II) Back
127
In April 2000, the Government reached agreement with the Newspaper
Publishers Association on future target levels of recycled content
of newsprint. The newspaper publishers have agreed to commit to
the following targets: 60% recycled content by the end of 2001;
65% recycled content by end of 2003; and 70% recycled content
by end of 2006, subject to review in 2001 and 2003. Back
128
Q1020 Back
129
Q748 Back
130
Q22 Back
131
Ev p25 (HC 903-II) Back
132
Q245 Back
133
Sustainable Waste Management, Environment, Transport and
Regional Affairs Committee, HC 484-I (1997-98), para graph 110 Back
134
Q262. 'Traceability' is knowing precisely what materials have
been used to make the compost. Back
135
Q225 Back
136
Ev p49, p168 (HC 903-II) Back
137
Ev p168 (HC 903-II) Back
138
Q220 Back
139
Q80 Back
140
Q1205 Back
141
Q1205 Back
142
Ev p293 (HC 903-II) Back
143
Q218 and Q1206 Back
144
Ev pp111-112 (HC 903-II) Back
145
Q1262 Back