Biffa Waste Services Ltd. (Biffa) is a provider of waste management services ranging from waste collection to recycling and disposal to the public and commercial sector. Under its recycling activities, Biffa sells certain wastes that can be recycled into new products. This applies to its paper waste operations, a lot of which is exported to other countries for recycling. One destination for the company’s paper waste is China, where two mills have been receiving paper waste from Biffa since 2010 and 2011. In 2015 alone, Biffa exported 110,000 tonnes of waste to these brokers. Waste shipments were subject to regular inspections in England as well as in China. Back then, according to Chinese law for imported paper waste, the waste’s weight had to consist of at least 98.5% paper waste. This number has risen to 99.5% in the meantime.
In May 2015, two shipments said to contain paper waste were inspected at the port of Felixstowe. The containers contained 175 tonnes of waste material. Before transporting the waste, Biffa collects it from a variety of sites and conducts an automated and manual sorting and separation process, at the end of which waste is packaged into bales. Upon opening the containers, it became apparent that some bales included a variety of contaminants, such as “soiled nappies and incontinence pads, sanitary towels, sealed bags containing faeces, items of underwear, other items of clothing, plastic bags, a recycling bag issued by a local authority, plastic bottles, food packaging, electric cable, pieces of wood, metal items, hot water bottles and hi-vis jackets.” It was observed that some bales carried a blue “passed” label, mainly those visible in the first row when opening the container.
In 2019, Biffa was sentenced to criminal fines totalling £350,000. Furthermore, the company was obliged to pay £240,000 in prosecution costs, £9,912 in confiscation order and £120 in statutory surcharge.
United Kingdom of Great Britain and Northern Ireland
ChinaWood Green Crown Court
Biffa was found guilty with respect to the charges of illegal transportation of waste as laid out in the case summary.
Wales Court of Appeal (Criminal Division)
The appeal involved around the question of the “true meaning and effect” of Article 36(1) of Regulation (EC) No 1013/2006. The jury also had to rule on whether the consignments indeed were Y46 household waste.
The jury found the conviction safe and the appeal was dismissed accordingly. More information can be obtained from the below attachment.
Wales Court of Appeal (Criminal Division)
The appeal was two-folded and evolved around the question of whether the judge rightfully excluded certain evidence and rightfully acceded “to the respondent's application that evidence be admitted of the appellant's bad character in order to correct an apparent false impression under s101(1)(f) of CJA 2003.”
The jury found the conviction safe and the appeal was dismissed accordingly. More information can be obtained from the below attachment.
