Waste not, want not

Although the Maltese character has always been deemed as frugal, the idea of making it one's business to recover waste was perhaps a novelty. Over the past few weeks, much has been made on the introduction of separate collection and waste recovery schemes in Malta. The debate on the legal framework of the eco-contribution has certainly increased the level of awareness and interest in such schemes.

Yet, such schemes had been on a slow burner long before the enactment of the eco-contribution law. Moreover, certain industries have been successfully operating waste recovery schemes for quite some time.

Separate collection and recovery represents one of the most challenging aspects of waste management. Yet, recovery alone is of little help in the proper and efficient management of waste since, once separately collected, such waste will have to be managed through operations that inevitably have environmental impacts and economic costs. Properly managed schemes should therefore provide effective methods of management of particular fractions which would hence facilitate their recovery in a more environmentally-friendly manner.

Most of the schemes operated throughout Europe are a direct result of the Packaging Waste Directive, which directive has been transposed into local law by virtue of the Packaging Waste Regulations, 2004. Schemes have however been developed towards the collection of end-of-life products. The success or otherwise of such schemes is among the issues currently being analysed by the EU Commission through its communication Towards A Thematic Strategy On The Prevention And Recycling Of Waste, adopted in May 2003.

This communication is a first contribution to the development of a thematic strategy that will cover both waste prevention and recycling. It is the starting point of a consultation process which will continue until the Commission adopts proposals both for the overall framework of the thematic strategy and for the individual measures through which the strategy will be implemented.

Since waste is an end result of an economic activity, one must necessarily look at its recovery within such an economic perspective. And where separate collection and recovery are not profitable under free market conditions but are beneficial from a social point of view, targets have been set for some key complex waste flows i.e. packaging, end-of-life vehicles (ELVs) and waste electrical and electronic equipment (WEEE). Whilst ensuring that a certain percentage of such waste is diverted from the main stream, these targets have also provided the legal certainty and stability necessary to allow the recovery industry to programme investments in the knowledge that there will be a demand for recovery services.

Separate collection systems have and will continue to be widely implemented to achieve the objectives of Community directives on specific waste streams, especially for end-of life products which would otherwise enter the main stream.

One of the characteristics of main stream waste collection is that it is heterogeneous. Obtaining recyclable material from mixed main stream waste is therefore generally difficult from a technical point of view and costly from an economic point of view. However, by ensuring that recyclable materials are collected separately, a supply of relatively homogenous and high quality waste for recycling can be obtained.

In this context, one should not neglect the indirect effect on consumers' behaviour of the implementation of collection schemes since such schemes require the active involvement of citizens in waste management issues. This involvement may be a spur for a more general awareness of the environmental dimension of waste. This in turn could promote changes in consumer behaviour, which may in turn have a considerable reflection in the prevention of waste.

Recovery of waste has necessarily found its place in the local legislative framework and, based on the respective directives, Malta introduced legislation regulating, among others, the recovery of packaging waste, waste oils, PCTs and PCBs and end-of-life vehicles, with the provisions regulating the recovery WEEEs in its final stages of completion.

The much referred to Non-Alcoholic Beverages Regulations, 1998, which will remain law until end 2007 as a result of a transition period granted to Malta, also provide for the effective management of particular packaging waste. These beverage regulations, based on a deposit-return mechanism, guarantee the return of the used bottles for them to be refilled, with an effective recovery rate far higher than the more generic packaging waste regulations.

Other initiatives have in recent years targeted the recovery of waste edible and machinery oils and used batteries. More recently, a scheme which targets the recovery of other waste streams has also been introduced. The next step is for these initiatives to fit in the above-mentioned regulatory framework and provide for the ultimate disposal or recovery of the items being so recovered and the manner through which such items are diverted from the main stream.

The main trust behind this regulatory framework is to oblige the importer or manufacturer to devise or participate in schemes which guarantee the recovery of the same product once the same product is considered as waste by its end user. Such schemes may vary in style and volumes but should invariably enable the consumer to opt for the recovery of the product through the scheme.

Industry ought to understand its role in this framework and the exemption catered for in the Eco-Contribution Act should further drive industry to move in this direction. Industry must transform these obligations into challenges through the introduction of economically viable schemes which will help in no small degree in the management of waste in Malta.

Dr Stafrace is a partner of Abela Stafrace & Associates who act as legal consultants to the Malta Environment and Planning Authority. The views expressed in this article reflect the opinions of the author.

ianst@abelastafrace.com