Green List v's Amber List Exports

As many of you know, I’m in the business of waste exports. But when it comes to combatting criminal activity in this sector, I sometimes wonder if the regulatory system has become somewhat colour blind.

Waste shipment controls basically revolve around a two-tier classification system – green list waste (eg recyclables) and amber list waste (eg RDF, SRF). Red list waste doesn’t apply here as it’s hazardous and you generally can’t export it.

These traffic-light controls not only signal the level of environmental risk attached to the waste, but also how much paperwork and cost is involved in handling it. Under the Waste Shipment Regulation (WSR), green list waste is considered lowest risk and only requires a simple form (Annex VII) to be filled in for export – and that’s it. Job done.

On the flipside, amber list waste, the type of waste we at Andusia deal with, comes with a lot more red tape attached. It needs to be consented following a lengthy application process (typically 2 to 4 months), each movement needs to be pre-notified, and a financial guarantee needs to be in place in case of repatriation – both by regulators in the UK, in the countries it travels through, and in the end destination country.

Every single consent is checked and registered with a large fee paid up front which can amount to ￡20,000 per application. Each movement of waste is then recorded and must be completed and signed for delivery and subsequent recovery.

As you can see, amber list waste is highly regulated, and rightly so – I’m fully supportive of these measures. And here’s a little known fact – an amber list financial guarantee has never been called upon since these exports started from the UK. Indeed, only 8 loads of amber list waste have ever been repatriated out of an estimated 430,000 loads.

On the flipside, green list waste can be imported and exported with hardly any scrutiny applied. There are no regulatory records regarding these shipments, and with only the occasion spot check at the port, you can see how easy it is for criminals to take advantage of the system.

In recent years, there have been a series of high profile cases in the industry where companies have been caught exporting contaminated materials under the guise of green list waste. These reports aren’t few and far between either – just last month, another waste operator in the UK was fined for this illegal activity. Recycler hit with ￡870k fine

Just imagine how many other rogue cases have slipped through the net, because the regulation around green list waste is too light-touch. You could rightly argue that companies who follow the rules diligently when exporting amber list are helping to subsidise potential abuse of the system through the costs they pay. That’s some distorted economics!

Tighter controls on green list waste would go a long way in tackling this problem. If those companies who export this waste also paid their fair share towards better regulation, we’d create a more level playing field for the sector and help ensure that the highest standards are being upheld.

I advocate that ALL waste shipments should go through the notification controls process, irrespective of the type of material or end destination. Surely that would be a good thing?