Jakub Hanák Aims of waste legislation LINEAR ECONOMY WASTE WASTE WASTE TECHNICAL & BIOLOGICAL MATERIALS MIXED UP FROM FINITE SOURCES □ proper waste management □ without adverse impacts on environment and human health □ reduce generation of waste □ limit hazardous substances in waste □ improve resource efficiency □ waste as a resource SOC044 Basics of EU Environmental Law - autumn 2017 European Environment Agency 0:03 /2:03 Circular Economy 3 h ttps://www.yo i it i j he. r nm/watr h ?v=_Q m H i 93 n 7 AI https://www.ellenmararthijrfnijndatinn.nrg/ SOC044 Basics of EU Environmental Law - autumn 2017 EU waste legislation: system □ general framework □ Directive 2008/98/EC on waste (WFD) □ Regulation (EC) 1013/2006 on shipments of waste (WSR) □ waste management operations □ Directive 99/31/EC on the landfill of waste □ Directive 2010/75/EU on industrial emissions: for waste incineration □ specific waste streams (e.g.) □ Directive 94/62/EC on packaging and packaging waste □ Directive 2000/53/ECon end-of-life vehicles (ELV) □ Directive 2006/66/EC on batteries and accumulators □ Directive 2012/19/EU on waste electrical and electronic equipment (WEEE) SOC044 Basics of EU Environmental Law - autumn 2017 Future? □ Circular economy package □ December 2015 □ the main elements of proposal are: □ increase of the preparingfor re-use and recycling target for municipal waste to 65 % by 2030 □ gradual limitation of the landfillingof municipal waste toio % by 2030 □ simplification of the legal framework on by-products and end-of-waste status □ + proposals of European Parliament ■ separate collection of textiles by 2020 ■ reduce the amount of food waste to 50 % of the total amount of food waste produced in 2014 SOC044 Basics of EU Environmental Law - autumn 2017 c 2017 timeline of the EU waste law negotiations 'c 19 June - Environmental Council meeting 13 October - Environmental Council meeting 19 December - Environmental Council meeting* 0 en c 1 26 June - negotiations between Council, Parliament and Commission 26 September - negotiations be tween Council. Parliament and Commission 25 October - negotiations between Council, Parliament and Commission A 30 September 16 October ■ http://eeh.org/monitoring-eiJ.-wa.ste-la.w-negotia.tions/ SOC044 Basics of EU Environmental Law - autumn 2017 fl Who is supporting the Circular Economy? Leaders and laggardswe reveal where EU governments stand c Friends of the Earth Europe Recycling V 4^ Support 65% or higtier recycling target for Municipal Solid Waste ^ Corporate responsibility Supports binding minimum requirements '"or extended producer resoonsibil ty at EU level, he jdhg fj cost coverage anc modulated -"ees _ Biowaste Supoorts a mardatory separate col ec: on cf giowift« anic a biowaste recyc ing target Reuse Supoorts soecific targets fo' prepa'ation 'or reuse of Municipal Solid Waste ajj Waste prevention Supoorts waste prevent on targets Packaging Supports 10% oi higher packaging reuse target I Waste generation data OAT OBE Obg OCY Ocz Ode o ©EE ©EL - ES On OFR Ohr O HL. OlE OIT Olt OLU Olv ©MT ONL Opl ... pT Oro OSE ©SI OSK OUK Country position ©Yes - - Yes: but ONo Czech Republic A 65°'= isc/c rq :argst in all member s1a:es would create 530,000 new greer oba by 2C30 a= well 35 €72 billion a /ear r savirgs for busiresiies, according the European Commission. Data uKate: 15.05.2017 3~ a his:c--:a ve« Country position Czech Republic fully supports a 65% recycling target by 2030. Our assessment Czech Republic has intensified recycling overttie last decade, bringing its ambition to the negotiating table in "Brussels. m Waste generation 316 (kg/capita per year) 2 CO ■oi- ecm- so: 10C0 0 Recycling rate 30% SourceEurostat, 2015 SOC044 Basics of EU Environmental Law - autumn 2017 Zero-waste bloggers: the millennials who can fit a year's worth of trash in a jar These bloggers treasure taking a sleek, modem approach to reducing waste in their efforts to save the planet - but they face their fair share of criticism too In pictures-, how to produce nearly zero waste © Kathryn Kellogg, a 'zero-waste' practitioner, with a jar containing the total amount of landfill waste she's generated in the past year. Photograph: Andrew Burton for the Guardian https://www.thegi.i3 rdi3n.rom/environment/70i6/3pr/77/7ero-w3ste-millennial-bloggers-tr3sh-greenhouse-g3s-emissions 8 SOC044 Basics of EU Environmental Law - autumn 2017 Waste management hierarchy 1 Stages Prevention Includes Using less material in design and manufacture. Keeping products for longer; re-use. Using less hazardous material. Preparing for re-use 1 Recycling Other recovery Disposal Checking, cleaning, repairing, refurbishing, repair, whole items or spare parts. Turning waste into a new substance or product including composting if it meets quality protocols. Including anaerobic digestion, incineration with energy recovery, gasification and pyrolysis which produce energy (fuels, heat and power) and materials from waste; some backfilling operations. Landfill and incineration without energy recovery. hrrpv//andrewrmarlnw.files wnrd press rnm/7ni7/ng/wasre-riierarrhy jpg SOC044 Basics of EU Environmental Law - autumn 2017 Figure 2 - Treatment method by waste category in EU28, 2012 Metal Batteries and accumulators Discarded vehicles Paper and cardboard Glass Equipment Textile Animal and vegetable wastes Recyclable waste Plastic Common sludges Rubber Waste containing PCB Chemical and medical wastes Wood All waste streams Mineral and solidified wastes Mixed ordinary waste Landfill / Disposal 0% 20% Incineration without energy recovery i-1-r 40% 60% 80% 100% Incineration with energy recovery Backfilling Recycling Data source: Eurostat fenv wastrt), 2015. SOC044 Basics of EU Environmental Law - autumn 2017 Development of waste treatment SOC044 Basics of EU Environmental Law - autumn 2017 Targets (e.g.) □ by 2016/2020 - biodegradable municipal waste goingto landfills must be reduced to 35 % of the total amount (by weight) of biodegradable municipal waste produced in 1995 (art. 5 Landfill directive) □ by 2020 - the preparingfor re-use and the recycling of waste materials such as at least paper, metal, plastic and glass from households and possibly from other origins as far as these waste streams are similar to waste from households, shall be increased to a minimum of overall 50% by weight (art. 11 WFD) SOC044 Basics of EU Environmental Law - autumn 2017 Figure 1 - Municipal waste treatment methods and waste per capita in the EU-28 (2014) M aterial recyi I i n g Co m pasti ng a nd digestion La ndfil I I nd nerati on HI- waste pe r ta pita (1 n kg | Data source: Eurostat fenv wasmun], 2016. Data for IE, EL and RO relate to 2013. 13 SOC044 Basics of EU Environmental Law - autumn 2017 Food waste What do you think "best before" on a food product actually means? I am going to read out some options, please select the one that best applies. (% - EU) Don't know 1 The food will be safe to eat up to this date, but should not be eaten past this date 24 It depends on the type of food 25 The food can be consumed after this date, but it may no longer be at its best quality 47 What do you think "use by' on a food product actually means? I am going to read out some options, please select the one that best applies. (% - EU) The food will be safe to eat up to this date, but should not be eaten past this date 40 Don't know 1 It depends on the type of food 28 The food can be consumed after this date, but it may no longer be at its best quality 28 htt.ps://dat.a.europa^ SOC044 Basics of EU Environmental Law - autumn 2017 Is it waste? SOC044 Basics of EU Environmental Law - autumn 2017 Is it waste? Vessoso and Zanetti joined cases 206/88 and 207/88 SOC044 Basics of EU Environmental Law - autumn 2017 Definition of waste □ „any object which the holder discards or intends or is required to discard11 □ these types of waste are excluded: □ e.g. gaseous effluents emitted into the atmosphere □ land (in situ) including unexcavated contaminated soil and buildings permanently connected with land (see case C-1/03 Van de Walle) □ radioactive waste □ excluded to the extent that they are covered by other Community legislation □ waste waters □ waste from extractive industries (Directive 2006/21/EC) SOC044 Basics of EU Environmental Law - autumn 2017 Definition of waste (2) □ European List of Waste: Commission Decision 2000/532/EC 2» 20 01 20 OL 01 20 OL 02 20 OL OS 20 OL L0 20 01 11 20 OL L3* 20 OL L4* 20 OL L5* 20 OL L7* 20 OL L9* MUNICIPAL WASTES (HOUSEHOLD WASTE AND SIMILAR COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL WASTES) INCLUDING SEPARATELY COLLECTED FRACTIONS separately collected Fractions fexcept If 01 > paper and cardboard glass biodegradable kitchen and canteen waste clothes textiles solvents acids alfcalines photochcmicals pesticides SOC044 Basics of EU Environmental Law - autumn 2017 Definition of waste: interpretation (3) □ restrictive interpretation is forbidden-high level of protection □ classification as 'waste' is to be inferred primarily from the holder's actions^ only the holder of the products can prove that he intends not to discard those products (C-113/12; 38,64) □ it is necessary to consider all circumstances —> see page 20 SOC044 Basics of EU Environmental Law - autumn 2017 Definition of waste: indications (4) □ the object is a production residue □ produced intentionally ^> product □ substances which are capable of economic reutilization (recovery) are not excluded □ the object holder uses a type of treatment which is commonly used to disposal of waste □ the object holder accepts that it is waste □ composition of the object is not suitable for the use made of it □ the method of production indicates that the object is unwanted □ no danger to environment □ degree of likelihood that the object will be used SOC044 Basics of EU Environmental Law - autumn 2017 Is it waste? SOC044 Basics of EU Environmental Law - autumn 2017 By-products □ substance (object) is result from production process □ but primary aim is not the production of the substance □ conditions: □ the substance is produced as an integral part of a production process □ the substance can be used directly without any further processing other than normal industrial practice □ further use is lawful ■ i.e. the substance fulfils all relevant product, environmental and health protection requirements for the specific use ■ will not lead to overall adverse environmental or human health impact □ further use of the substance is certain SOC044 Basics of EU Environmental Law - autumn 2017 End-of-waste criteria □ waste has undergone a recovery and complies with specific criteria based on these conditions: □ the substance is commonly used for specific purposes □ a market or demand exists for such a substance □ the substance fulfils the technical requirements for the specific purposes and meets the existing legislation and standards applicable to products □ the use of the substance will not lead to overall adverse environmental or human health impacts SOC044 Basics of EU Environmental Law - autumn 2017 End-of-waste criteria (2) Commission Regulation (EU) No 1179/2012 establishing criteria determining when glass cullet ceases to be waste Commission Regulation (EU) No 333/2011 establishing criteria determining when certain types of scrap metal cease to be waste http://www.tradevenvironment.eu/uploads/papers/JEEP_oo9_07_deSadeleer-i.pdf SOC044 Basics of EU Environmental Law-autumn 2017 Hazardous waste □ is mentioned in the List of waste (*) □ displays one or more of the properties listed in Annex II I of WFD; Regulation (EU) No 1357/2014 □ ban on the mixing of hazardous waste with other waste or substances □ packaging and labelling requirements □ traceability from production to final destination □ C-358/11 (Lapin) SOC044 Basics of EU Environmental Law - autumn 2017 Proper waste management □ MS shall take the necessary measures to ensure that waste management is earned out without endangering human health and the environment □ permits for waste treatment facilities □ may be granted for a specified period □ shall contain ■ the types and quantities of waste that may be treated ■ the method to be used for each type of operation ■ technical and any other requirements ■ after-care provisions □ EIA, IPPC SOC044 Basics of EU Environmental Law - autumn 2017 Landfilling of waste □ landf i 11 i ng is the worst waste management option ■ greenhouse gas-loss of resources-soil and water pollution □ landfill: „waste disposal site for the deposit of the waste onto or into land (i.e. underground)" □ landfill classes □ for hazardous-non-hazardous-inert waste proper treatment □ permit is necessary □ technical conditions (requirements) SOC044 Basics of EU Environmental Law - autumn 2017 Landfilling of waste (2) □ the following waste may not be deposit: □ liquid waste, tyres, waste with certain properties (e.g. explosive, flammabl infectious clinical waste □ closing and after-care □ closed after final on site inspection carried out by competent authority □ operator remains responsible for maintenance and control of the site ■ as long as is required by the authority (at least 30 years) ■ adequate financial security SOC044 Basics of EU Environmental Law - autumn 2017 Infringements: Waste: Commission refers Italy to Court over failure to rehabilitate or close down 44 landfills Brussels, 17 May 2017 The European Commission is taking Italy to the Court of Justice of the EU for its failure to rehabilitate or close down 44 landfills, which represent a serious risk for human health and the environment. Despite earlier warnings from the Commission, Italy has failed to take measures to rehabilitate or close down 44 non-compliant landfills, as required by article 14 of the Landfill Directive (Council Directive 1999/31/EC). Like other Member States, Italy was obliged, by 16 July 2009, to either rehabilitate landfills that had been granted a permit or which were already in operation before 16 July 2001 ("existing landfills'1), bringing them to the safety standards set out in this Directive, or to close them. http://europa.eu/ra.pid/press-relea.se_l P-i7-i783_en.htm http://er.eu ropa.eu/environment/legal/law/press_en. htm 29 SOC044 Basics of EU Environmental Law - autumn 2017 WMP&WPP □ Waste management plans □ obligation of MS □ WMPshall coverthe whole territory of the MS □ evaluation at least every sixth year => review □ Waste prevention programmes □ separate document, integral part ofWMP or other environmental policy programme □ description and evaluation of existing prevention measures ■ see Annex IVWFD: examples of waste prevention measures SOC044 Basics of EU Environmental Law - autumn 2017 Economic instruments □ Art. 14 WFD - „\n accordance with the polluter-pays principle, the costs of waste management shall be borne by the original waste producer or by the current or previous waste holders" □ broad discretion by MS □ landfillingfee □ incineration fee □ local fee for handlingof household waste ■ https://www.interregeurope.eu/news-and-events/new schemes-increase-recycling-rates/ □ payment for recovery and recyclingof packaging waste SOC044 Basics of EU Environmental Law - autumn 2017 Extended producer liability □ duties of producers of products from which the waste came □ an acceptance of returned products □ subsequent management of the waste andfinancial responsibility forsuch activities ■ costs of waste management could be borne partly or wholly by the producer of the product □ e.g. packaging waste, end of life vehicles, batteries, electric and electronic equipment SOC044 Basics of EU Environmental Law - autumn 2017 Packaging waste □ packaging: „all products made of any materials of any nature to be used for the containment, protection, handling, delivery and presentation of goods" □ technical requirements □ standards - concentration levels of heavy metals □ recycling targets for materials contained in packaging waste □ collection systems - producer responsibility organisations □ separate collection shall beset up for at least the following: paper, metal, plastic and glass (art. 11 WFD) □ obligation to offer re-usable packaging SOC044 Basics of EU Environmental Law - autumn 2017 Figure 2 - Recycling rates for packaging waste by material in the EU-28 (2013) ■ All packaging Paper and cardboard packaging A Plastic packaging Wooden packaging X Metallic packaging O Glass packaging Data source: Eurostat (env waspac), 2016. Data for Romania relate to 2012. SOC044 Basics of EU Environmental Law - autumn 2017 England's plastic bag usage drops 85% since 5p charge introduced Number of single-use bags handed out dropped to 500m in first six months since charge, compared with 7bn the previous year © Plastic bag floating underwater at Pulau Bunaken, Indonesia. Around 8m tonnes of plastic flows into the world's oceans each year. Photograph: Paul Kennedy/Getty Images https://www theguarHian rnm/envirnnment/7m6/ii)l/?n/englanH-plastir-hag-i)sage-Hrnps-R5-per-rent-sinre-5p-rhargeH-intrnHi)reH SOC044 Basics of EU Environmental Law - autumn 2017 Plastic carrier bags □ directive (EU) 2015/720 of 29 April 2015 □ CZ: Act n 0.149/2017 Coll. — since 1/1 /2018 □ however: http://www.halkaneu.fom/fommission-reque^ □ aim: sustained reduction in the consumption of lightweight plastic carrier bags (wall thickness below 50 micron) □ annual consumption level does not exceed 90 lightweight plastic carrier bags per person by 31 December 2019 □ or by 31 December20i8, lightweight plastic carrier bags are not provided free of charge at the point of sale of goods SOC044 Basics of EU Environmental Law - autumn 2017 Shipment of waste □ Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal □ Basel Ban: no export of hazardous waste and waste for disposal to non-OECD countries □ information procedure □ waste has to be accompanied by documents signed by exporter and recovery facility □ contract □ notification procedure SOC044 Basics of EU Environmental Law - autumn 2017 Notification procedure □ all waste for disposal □ including mixed municipal waste collected from private households □ waste listed in certain Annexes □ notification through competent authority of dispatch □ prior consent of the authority of destination □ reasoned objection on the following reasons ■ disposal (art. 11) - bad record of notifier, such shipments would result in national waste havingto be disposed; proximity principle ■ recovery (art. 12) SOC044 Basics of EU Environmental Law - autumn 2017 Proximity principle □ C-292/12 (Ragn-Sells AS) □ (63) Accordingly, in the case of waste destined for disposal operations and mixed municipal waste collected from private households and, as applicable, other producers, a Member State may confer on local authorities, on the geographical scale it deems appropriate, powers to manage the waste produced on their territory in order to ensure compliance with its obligations under Article! 6 of Directive 2008/98. Those authorities may, as part of the powers conferred upon them, provide that those types of waste will be treated in the nearest appropriate facility. SOC044 Basics of EU Environmental Law - autumn 2017 Other issues □ enforcement □ penalties □ take-back obligation (art. 22-25) ■ the shipment is illegal or cannot be completed □ financial guarantee □ checks on shipment (art. 50) ■ duringtheshipment-atfrontiers-atthe destination □ shipment within MS □ appropriate system for supervision and control of shipment of waste SOC044 Basics of EU Environmental Law - autumn 2017