| The
ECJ made the following decision “ It follows that article
12 of the directive imposes an obligation of registration on
establishments or undertakings which, in the course of their
activities, normally and regularly transport waste, whether
that waste is produced by them or by others. Further more ,
there is no provision in the Directive for any exceptions to
that obligation, based on the type of quantity of waste.”
The implications
in the UK are that any organisation/business who transport waste,
their own or other peoples, on a regular basis may still be
deemed as transporting waste on a professional basis under article
12.
This in
effect could mean any mobile servicing units and vans collecting
“waste on their return journey from a customer or any
vehicle regularly moving waste material from one site to another
would require a Waste Carriers Licence.
The government
is currently looking at all possible ways in which the burdens
on those brought into the new regime can be reduced. And is
currently consulting industry on this. (see link below)
http://www.defra.gov.uk/corporate/consult/waste-controls/waste-carriers.pdf
Therefore
within the current government consultation a proposal has been
put into place for a tiered registration regime which takes
account of the associated risks. And one of the simplest ways
proposed to administer this is through a variable charging scheme
and may be based on the number of vehicles , frequency of waste
carriage or whether it is the companies own waste or other peoples
waste.
Tyres
With the waste carrier licence consultation (See link below)
is a discussion on producer responsibility or whether to take
the industry forums Used Tyre Working Groups preferred option
which proposes that tyre collectors and disposal companies should
be subjected to enhanced reporting requirements to kerb fly
tipping rather than using the producer responsibility route.
This is believed to provide the government with greater information
to see if the industry is meeting its de-facto 100% recovery
rate (100% recovery rate brought in due to landfill ban)
Further proposals include
Increasing penalties for providing incorrect information of
Waste carriers application, fraudulent claims.
Install a range of penalties that can be used by enforcing authorities
which offer a level which is effective and proportionate to
the crime.
Further
Information is available at:
http://www.defra.gov.uk/corporate/consult/waste-controls/index.htm
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