Waste management Jakub Hanák Outline SOC044- EU Waste Management- autumn 2019 Aims of waste legislation • proper waste management >=l> without adverse impacts on environment and human health C-297/08 : failing to ensure that, Campania region has sufficient installations enabling it to dispose of its urban waste close to the place where that waste is produced, the Italian Republic has failed to meet its obligation to establish an integrated and adequate network of disposal installations (see 88) SOC044- EU Waste Management- autumn 2019 Aims of waste legislation (2) • reduce generation of waste • improve resource efficiency • limit hazardous substances in waste • waste can be a resource Resources Take ■ Make ■ Consume r -1 Dispose SOC044- EU Waste Management- autumn 2019 S0C044- EU Waste Management- autumn 2019 5 Life without waste 10 zero waste bloggers you should know European Commission The amount of trash created by Kathryn Kellogg in one year SOC044- EU Waste Management- autumn 2019 Waste management hierarchy Prevention Waste Framework Directive: Article 4 SOC044- EU Waste Management- autumn 2019 Waste treatment, EU-28, 2004-2016 (Index 2004 = 100) 130 85 80 2004 2006 2008 Source Eurostat (online data code: env_wastrt) 2010 -Recovery -Total Disposal 2012 2014 2016 eurostatl SOC044- EU Waste Management- autumn 2019 EU waste legislation: system • general framework • Directive 2008/98/ECon waste (WFD) • Regulation (EC) 1013/2006 on shipments of waste (WSR) • waste management operations • Directive 99/31/EC on the landfill of waste • Directive 20io/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/EC on end-of-life vehicles (ELV) • Directive 2006/66/EC on batteries and accumulators • Directive 2012/19/El) on waste electrical and electronic equipment (WEEE) SOC044- EU Waste Management- autumn 2019 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-i/03 Van de Walle) • radioactive waste • excluded to the extent that they are covered by other Community legislation • wastewaters • waste from extractive industries (Directive 2006/21/EC) SOC044- EU Waste Management- autumn 2019 Definition of waste (2) • European List of Waste: Commission Decision 2000/532/EC 20 MUNICIPAL WASTES (HOUSEHOLD WASTE AND SIMILAR COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL WASTES) [Nt [.L'DINC; SIPAKATHIY COl.l.KC'I'KI) I "RAtTIONS 20 01 separately collected fractions (e\cept 15 01) 20 01 01 paper and cardboard 20 0L 02 glass 20 01 OS biodegradable kitchen and canteen waste 20 0L L0 clothes 20 01 11 textiles 20 0L 13* solvents 20 0L L4* acids 20 0L L5* alkalincs 20 01 17* photochcmicals 20 0L L9* pesticides SOC044- EU Waste Management- autumn 2019 11 Waste generation by economic activities and households, EU-28,201G Wholesale of Waste/ water eurostat SOC044- EU Waste Management- autumn 2019 Definition of waste: interpretation (3) • definition-. „any object which the holder discards or intends or is required to discard" • 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-V3/T2; 38,64 - burden of proof) • it is necessary to consider all circumstances^ see 14 SOC044- EU Waste Management- autumn 2019 13 Definition of waste: indications (4) • the object is produced intentionally =^> product! • (-) the object is a production residue • (?) substances which are capable of economic reutilization (recovery) are not excluded • but-significant commercial value (C-24i/i2) • (-) the object holder accepts that it is waste (description of the substance) • (-) the object cannot be used for the original purpose (C-9/00) • (-) the method of production indicates that the object is unwanted • (?) no danger to environment SOC044- EU Waste Management- autumn 2019 Is it waste? SOC044- EU Waste Management- autumn 2019 15 Is it waste? SOC044- EU Waste Management- autumn 2019 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- EU Waste Management- autumn 2019 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- EU Waste Management- autumn 2019 18 Commission Regulation (EU) No 1179/2012 establishing criteria determining when glass cul let ceases to be waste Commission Regulation (EU) No 333/2011 establishing criteria determining when certain types of scrap metal cease to be waste • 'recovery' means any operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function SOC044- EU Waste Management- autumn 2019 Hazardous waste • is mentioned in the List of waste (*) • displays one or more of the properties listed in Annex III of WFD; Regulation (EU) No 1357/2014 • packaging and labelling requirements • traceability from production to final destination • ban on the mixing of hazardous waste with other waste or substances • C-358/11 (Lapin) - products from waste SOC044- EU Waste Management- autumn 2019 Proper waste management • MS shall take the necessary measures to ensure that waste management is carried out without endangering human health and the environment • hand waste over to persons licensed to handle waste • 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 • new facility: EIA, IPPC, planningand buildingacts SOC044- EU Waste Management- autumn 2019 Landfi 11 i n g of waste • landfi 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)11 • landfill classes • for hazardous - non-hazardous - inert 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 SOC044- EU Waste Management- autumn 2019 22 Targets (e.g.) • by 2016/2020 - biodegradable municipal waste going to 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 preparing for 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- EU Waste Management- autumn 2019 23 Circular economy package: new targets • four directives (2018/849-852), implementation bysluly 2020 • the main elements of the amendments are: • increase of the preparing for re-use and recycling target for municipal waste to 55 % by 2025; 60 % by 2030; 65 % by 2035 • gradual limitation of the landfilling of municipal waste to 10% by 2035 • food waste should be reduced by 30% by 2025; 50% by 2030 SOC044- EU Waste Management- autumn 2019 24 Figure 5-1: Development of recycling rates for municipal waste and packaging waste 80 70 60 * 50 $ 40 00 1 & 30 ■ ■ 20 10 0 A * * I 1-1-1-1-f-1--T TTTTTFliI 2006 2010 2014 2018 2022 2026 2030 2034 municipal waste -packaging waste a Target municipal waste • Target packaging waste Sources: Eurostat 2019d, 2019e SOC044- EU Waste Management- autumn 2019 Chart — Municipal waste landfill rates in Europe by country 100% 90% S0% 70% 60% 50% 40% 30% 20% 10% 0% J? lllllllllllll ■5f -5f jp f $ / f if// f ^ £ # # 1 § & & / .a *■ .A ^ ^ vff „9 .S / * / / # ^ ^ ^ # -S>

Hi ^ SOC044- EU Waste Management- autumn 2019 Economic instruments • Art. 14 WFD - „ In accordance with the polluter-pays principle, the costs of waste management shall he home by the original waste producer or hy the current or previous waste holders." • broad discretion by MS • land filling fee • incineration fee • local fee for handling of household waste • payment for recovery and recycling of packaging waste SOC044- EU Waste Management- autumn 2019 27 Costs of landfill disposal •... whatever the national rules may be governing landfill sites, they must ensure that all the operating costs of such a site is actually borne by the holders of the waste deposited in the landfill for disposal. • C-i7z/o8- Pontina Ambiente SOC044- EU Waste Management- autumn 2019 28 Figure 4.4* Laud filling of municipal waste is encouraged through low landfill taxes Municipal waste landfilling and tax rates. 2D13 100 90 80 70 oO 50 40 30 20 10 0 Maximum landfill tax rate (EUR) I Landfill rate [%) AUT NLD BEL* GBR NOR DMK AUS* IRL SWE FIN FRA POL ITA ESP* EST UN ISR PRT NZL LVA USA* Notes: tax rates refer to Flanders for Belgium, to New South Wales for Australia, to Catalonia for Spain, and to New Jersey, North Carolina, Mississippi and Indiana for (tie United States. Landfill rate: Australia are 2015 data. Ireland are 2012 data. Source: OECD (2017), "Municipal waste", OECD Environment Statistics (database); OECD (2017), "Environmental policy inslruments" OECD Environment Statistics (database). SOC002 International and Czech Environmental Law - autumn 2019 Today's office hours: closed Cestina Student from Abroad Staff from Abroad MU Student MU Staff Partners About us Contact ACADEMIC CALENDAR Home > Student from Abroad > International Student Guide > Waste Collection Fee Waste Collection Fee Masaryk University is not responsible tor this waste collection fee and is not able to provide further information. If you have any queries, please use th e con tact details belo w. WHO PAYS From 1 January 2013, the local fees for Brno municipal waste collection shall he paid by all foreign nationals (EU and non-EU) staying in Bino for more than 3 months (a detailed description is also available at the City of Brno web pages). The aforesaid are obliged to 1) pay the fee for the respective number of months and 2) report this fact to the fee administrator (read on). This is only an informative list of details, the description in full is available at the web pages of the City of Brno. SOC044- EU Waste Management- autumn 2019 PPP: guiding principle 'Pay as you throw' cuts waste and encourages recycling, French report finds By Marine Jobert | Journal de i'environnement | translated by Samuel White 139.3.2016 Recycling habits improve with "pay as you throw" schemes. [KaliAntye/Shutterstock] SOC044- EU Waste Management- autumn 2019 C-335/16 (VG Cistoca d.o.o. v Vladika) • financing an urban waste management and disposal service • the competent national authorities have a wide discretion with regard to determining how prices are calculated • the price charged shall not result in the imposition on certain 'holders' of costs that are manifestly disproportionate to the volume or to the type of waste that they are liable to produce • criteria relating to the type of property that the users occupy, its surface area and use, the productive capacity of the waste 'holders', the volume of the containers provided to the users, and the frequency of collection, in so far as those parameters are liable to have a direct impact on the amount of the costs of waste management and disposal. SOC044- EU Waste Management- autumn 2019 32 Extended producer responsibility (EPR) • duties of producers of products from which the waste came • an acceptance of returned products • subsequent management of the waste and financial responsibility for such 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- EU Waste Management- autumn 2019 Packagingwaste • packagi ng: „all products made of any materials of any nature to be used for the containment, protection, handling, delivery and presentation of goods11 • technical requirements • standards-concentration levels of heavy metals • recycling targets for materials contained in packagingwaste • collection systems - producer responsibility organisations • now: separate collection shall be set up for at least the following: paper, metal, plastic and glass (art. 11WFD) • future: mandatory separate collection of bio-waste by 2024, textiles by 2025 • obligation to offer re-usable packaging SOC044- EU Waste Management- autumn 2019 34 Making bins more convenient boosts recycling and composting rates Date: April 21, 2017 Source: University of British Columbia Summary: Want to recycle or compost more? Try moving the bins closer, new research suggests. The study shov/s that placing bins 1.5 meters away from suite doors drastically boosts recycling and composting rates by 141 per cent. The findings highlight how small changes in convenience can have a big impact on performance. Share: f # in B RELATED TOPICS FULL STORY Earth & Climate > Recycling and Waste > Environmental Issues > Sustainability > Environmental Science Science & Society > Environmental Policies > Ocean Policy > Resource Shortage > World Development Placing bins 1.5 metres away from suite doors boosts recycling and composting rates by 141% Placing bins 1.5 metres away from suite doors drastically boosts recycling and composting rates by 141 per cent. Credit: University of British Columbia SOC044- EU Waste Management- autumn 2019 Plastic carrier bags • directive (EU) 2015/720 of 29 April 2015 • aim: sustained reduction in the consumption of lightweight plastic carrier bags (wall thickness below 50 micron) • annua! consumption level does not exceed 90 lightweight plastic carrier bags per person by 31 December 2019 • or by 31 December 2018, lightweight plastic carrier bags are not provided free of charge at the point of sale of goods SOC044- EU Waste Management- autumn 2019 Experiences 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 SOC044- EU Waste Management- autumn 2019 EU Plastic strategy directive (EU) 2019/904 on the reduction of the impact of certain plastic products on the environment Consumption reduction • re-usable alternatives • payments • 25 % recycled plastics SOC044- EU Waste Management- autumn 2019 WMP&WPP • Waste management plans • obligation of MS • WMP shall cover the whole territory of the MS • evaluation at least every sixth year ^review • targets&measures • Waste prevention programmes • separate document, integral part of WMP or other environmental policy programme • description and evaluation of prevention measures • see Annex IVWFD: examples of waste prevention measures SOC044- EU Waste Management- autumn 2019 39 Summary Waste prevention programmes Market restrictions: SUP By-products Separate collection Recycling rates Extended producer responsibility Deposit refund schemes PA YT schemes Landfi I ling targets Landfillingfee Prevention Preparing for re-use Recycling SOC044- EU Waste Management- autumn 2019 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- EU Waste Management- autumn 2019 41 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 ofnotifier, such shipments would result in national waste having to be disposed; proximity principle • recovery (art. 12) SOC044- EU Waste Management- autumn 2019 42 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 76 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- EU Waste Management- autumn 2019 43 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) • during the shipment-at frontiers-at the destination • shipment within MS • appropriate system for supervision and control of shipment of waste SOC044- EU Waste Management- autumn 2019