Adobe Systems Waste Management Jiri Vodicka, Ph.D. 13. 12. 2023 Structure ̶Introduction ̶ ̶Current Issues ̶ ̶Sources of Law ̶ ̶Waste Framework Directive ̶ ̶Green Deal ̶ Is there a need to regulate? ̶YES! ̶ ̶Consumer behaviour x manufacturers (producers) x products ̶ ̶Local x International level x EU ̶ ̶Dangerous (toxic) x E-waste x other ̶ ̶Where to store it? Electronic Marvels Turn Into Dangerous Trash in East Africa https://www.nytimes.com/2019/05/12/climate/electronic-marvels-turn-into-dangerous-trash-in-east-afr ica.html https://theconversation.com/think-all-your-plastic-is-being-recycled-new-research-shows-it-can-end- up-in-the-ocean-155208 Where Does Plastic Come From? - The $79 Billion Industry https://howmuch.net/articles/plastic-trade-around-the-world Circular Economy - https://www.europarl.europa.eu/thinktank/infographics/circulareconomy/public/index.html Current issues Food Waste: Last Week Tonight with John Oliver (HBO) https://www.youtube.com/watch?v=i8xwLWb0lLY The Great Pacific Garbage Patch Is Not What You Think It Is | The Swim https://www.youtube.com/watch?v=6HBtl4sHTqU Sources of waste Recycling rate in EU Pictures: eea.eu, eurostat.eu Sources of Law - International ̶International customs ̶General widely recognised principles of law ̶Bilateral Agreements ̶ Bilateral Preferential Trade Agreement between Japan & China (2008) ̶ ̶Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (1989) ̶ ̶Convention to Ban the Importation into Forum Island Countries of Hazardous and Radioactive Wastes and to Control the Transboundary Movement and Management of Hazardous Wastes within the South Pacific Region (Waigani Convention) ̶ Sources of Law - EU ̶CJEU case-law ̶ ̶Regulation No. 1013/2006 on shipment of waste ̶Directive 2008/98/EC on waste (FWD) ̶ ̶Directive 1999/31 on the landfill waste ̶Directive 2010/75 Industrial emissions directive ̶ General framework Specific waste management List of legislation: https://www.municipalwasteeurope.eu/summary-current-eu-waste-legislation Sources of Law - EU ̶Directive 2000/53 End-of-life Vehicles directive ̶Directive 2006/66 Batteries directice (new regulation is coming) ̶Directive 2009/125 Ecodesign directive ̶Directive 2012/19 Waste Electrical and Electronic Equipment (WEEE) ̶Directive 2015/720 Plastic Bags directive ̶Directive 2018/852 Packaging and Packaging Waste directive ̶Directive 2019/904 on the reduction of the impact of certain plastic products on the environment (single use plastic) etc.. Specific waste streams EU waste management framework ̶Since 1975 ̶3 governing principles ̶Prevention principle ̶Self-sufficiency ̶High level of protection ̶ ̶Reduce generation of waste ̶ ̶Limit hazardous substances in waste ̶ ̶Waste as a resource ̶ Precautionary principle Prevention principle Polluter pays principle Integrated protection Disposal at source Aims EU waste management framework ̶EU waste policy objectives ̶Improve waste management ̶Stimulate innovation in recycling ̶Limit landfilling ̶ ̶General framework + Specific policies Framework Directive on Waste 2008/98 (FWD) ̶General Directive ̶ ̶Key concepts ̶ ̶Major principles ̶ ̶Allocation of responsibilities ̶ ̶ x specific streams of waste x specific waste management FWD - Waste management hierarchy FWD - waste What is a waste? FWD ̶Waste means any substance or object which the holder discards or intends or is required to discard ̶ ̶Problematic interpretation of „discard“ ̶ ̶ ̶Excavation material as waste or by-product C-238/21 Porr Bau ̶ FWD - Waste or not? ̶Important is perspective of producer (holder) of product/waste ̶Only the holder of the products can prove that he intends not to discard those products (C-113/12) ̶Waste needs to be interpreted widely not restrictively! ̶Criteria based on case law ̶ FWD - Waste or not? ̶By-product needs to fulfill criteria: ̶Further use is certain ̶The substance can be used directly without any further processing other than normal industrial practice ̶Not primary production intention but is an integral part of production process ̶Further use is legal ̶Toxic x non-toxic ̶ FWD - Waste or not? ̶Recovery of waste (end-of-waste criteria): ̶The substance or object is commonly used for specific purposes ̶A market or demand exists for such a substance or object ̶It fulfils the technical requirements for the specific purposes and meets the existing legislation and standards applicable to products ̶Its use will not lead to overall adverse environmental or human health impacts ̶ FWD - Waste or not? ̶EU End-of-waste criteria only for certain materials x ̶Case by case at national level ̶ Glass cullet Copper scrap Scrap metal FWD - Waste recovery & recycling ̶Recycling: any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original or other purposes ̶ ̶Recovery: 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, or waste being prepared to fulfil that function, in the plant or in the wider economy ̶Material recovery Types of waste FWD - Hazardous waste ̶Properties: explosive, corrosive, carcinogenic, and ecotoxic ̶Annex III of FWD + Commission decision 2000/532 (only ⃰ ) ̶ ̶Ban on the mixing of hazardous waste with other waste or substances ̶Traceability from production to final destination ̶Packaging and labelling requirements ̶ ̶Hazardous waste may cease to be waste (recovery) Case C-358/11 Lapin luonnonsuojelupiiri Exceptions for MS FWD - Waste management ̶Treatement of waste ̶Waste producer ̶Licensed person ̶Public x private collector ̶ ̶Responsibility problem ̶Does the producer retain responsibility (for the whole chain) or can the responsibility be shared among actors of chain? ̶Obligation of MS is to make sure that the permit system set up is in fact applied and complied with, in particular by conducting appropriate checks for that purpose and ensuring that operations carried out without a permit are brought to an end and punished. Case C-196/13 Commission v Italy treatment means recovery or disposal operations, including preparation prior to recovery or disposal FWD - Waste management ̶Polluter-pays principle ̶Costs of waste management to be born by original waste producer ̶MS can decide that distributors share the costs ̶ ̶MS can limit incoming/outgoing shipments ̶Environmental grounds Broad discretion by MS General Targets ̶Member States shall take the necessary measures to ensure that by 2035 the amount of municipal waste landfilled is reduced to 10 % or less of the total amount of municipal waste generated (by weight). Landfill directive ̶ ̶Recycling target for municipal waste to 55 % by 2025; 60 % by 2030; 65 % by 2035 FWD ̶ ̶Sustainable Development Goal: to reduce food waste to 50 % by 2030 Landfill Directive ̶„Waste disposal site for the deposit of the waste onto or into land (i.e. underground)“ ̶The worst and extreme end of waste ̶ ̶Types: hazardous – other – inert ̶ ̶3 phases (using, closing & recultivation, after care) ̶closed after final on site inspection carried out by competent authority ̶operator remains responsible for maintenance and control of the site ̶ ̶ ̶ Tato fotka od autora Neznámý autor s licencí CC BY-SA-NC FWD - Extended producer responsibility ̶Duties of producers of products from which the waste came ̶ ̶Obligation to accept returned product ̶ ̶Subsequent management of the waste and financial responsibility for such activities ̶Who bears the cost? Producer/distributor ̶ ̶e.g. packaging waste, end of life vehicles, batteries, electric and electronic equipment ̶ ̶ 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“ ̶ ̶recycling targets for materials contained in packaging waste ̶collection systems - producer responsibility organisations ̶now: separate collection shall be set up for at least the following: paper, metal, plastic and glass (art. 11 WFD) ̶future: mandatory separate collection of bio-waste by 2024, textiles by 2025 ̶obligation to offer re-usable packaging Plans, programmes, policies 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 ̶Annex IV WFD Shipment of waste ̶Regulation No. 1013/2006 ̶Waste (definition WFD) ̶Establishes procedures and control regimes for the shipment of waste ̶Prior consent of the authority of destination ̶Notifications through competent authorities ̶Financial guarantee ̶ ̶Basel Convention ̶Hazardous waste ̶OECD x non-OECD countries (ban) ̶ Commission v Czech Republic C-399/17 https://ec.europa.eu/commission/presscorner/detail/IT/IP_16_2492 Waste and Green Deal ̶Transition to circular economy ̶Sustainable growth ̶Natural resources ̶Creation of jobs ̶ ̶Sustainable and circular textiles ̶Proposal for ecodesign of sustainable products ̶Microplastics reduction ̶Revision of packaging ̶ ̶Right to „repair“ ̶Radio Equipment Directive https://environment.ec.europa.eu/strategy/circular-economy-action-plan_en https://www.europarl.europa.eu/RegData/etudes/BRIE/2022/698869/EPRS_BRI(2022)698869_EN.pdf https://environment.ec.europa.eu/strategy/textiles-strategy_en Circular Economy ̶ https://www.europarl.europa.eu/news/en/headlines/economy/20151201STO05603/circular-economy-definiti on-importance-and-benefits Adobe Systems Jiri.Vodicka@law.muni.cz Thank you for your attention! Adobe Systems Sources ̶Hanak J., Waste management, MU, 2021. ̶Langlet D., Mahmoudi S., EU Environmental Law and Policy, Oxford University Press, 2016. ̶European Commission ̶European Environment Agency