Implementation of the Waste Framework Directive

1. Implementation of the Waste Framework Directive Jean Monnet Seminar, University of Genoa 27 March 2015 Anna Karamat, Unit A.2 Waste Management and Recycling DG Environment, European Commission

2. 7th Environment Action Programme Framework Legislation Waste Framework Directive (2008/98/EC) Waste Shipments (Regulation (EC) No 1013/2006) Waste Treatment Operations Industrial Emissions Directive (2010/75/EU) Landfill Directive (1999/31/EC) recycling standards (future, based on WFD) Sewage Sludge (86/278/EEC) Batteries & Accumulators (2006/66/EC) Packaging & Packaging Waste (94/62/EC) Mining Waste (2006/21/EC) End-of-Life Vehicles (2000/53/EC) Electrical & Electronic Equipment (2012/19/EU) PCBs, PCTs, POPs (Directive 96/59/EC and Regulation (EC) No 850/2004 ) Specific Waste Streams Restrictions on the Use of Hazardous Substances in WEEE (2011/65/EU)

3. Key 2020 waste –related objectives of the 7th EAP • Full implementation of EU waste legislation based on waste hierarchy (prevention/re-use/recycling/energy recovery/disposal) • Waste generated per capita and absolute waste generation in decline • Energy recovery limited to non-recyclable materials • Phasing out landfilling (limited to non-recyclable and non-recoverable) waste • More systematic use of market-based instruments including Extended Producer Responsibility (EPR) • Strategy to combat food waste and increase composting/biomethanisation

4. Waste Framework Directive2008/98/ECMain requierments

5. Objectives – Art 1 • To protect the environment and human health • To prevent or reduce the adverse impacts of the generation and management of waste • To reduce overall impacts of resource use and improve the efficiency of such use

6. Definitions – Art 3 • Waste, hazardous waste, waste oils, bio-waste • Waste management, treatment, prevention, re-use, preparing for re-use, recycling, recovery, collection, separate collection, regeneration of waste oils, disposal • Waste producer, holder, dealer, broker • Best available techniques

7. Prevention PRODUCT (NON-WASTE) Preparing for re-use WASTE Recycling Recovery Safedisposal Waste Hierarchy – Art 4

8. Waste or not? • By-products (Art 5 and Commission Communication on waste and by-products, see: http://ec.europa.eu/environment/waste/framework/by_products.htm) • End-of-waste (EOW) status (Art 6) • EOW criteria laid down in legislation for iron and steel scrap, aluminium, copper, glass • Pending: plastics, bio-waste? • EOW criteria developed by the Commission (scientific input from the JRC) in close cooperation with Member States and stakeholders

9. Prevention of waste • Member States to establish waste prevention programmes by end 2013 (Art 29): • set out prevention objectives, • determine qualitative and quantitative benchmarks or targets for waste prevention, • describe prevention measures, such as: • economic instruments for sustainable resource use • promotion of eco-design for products • campaigns to change consumer behaviour

10. Targets – Art 11(2) • To be achieved by 2020: • a minimum of overall 50% by weight of preparation for re-use, recycling of materials such as at least paper, metal, plastic, glass from households and possibly from other origins as far as these waste streams are similar to waste from households • a minimum of 70% by weight of preparation for re-use, recycling and other material recovery (i.e. backfilling) of non-hazardous construction & demolition waste • Commission review of the targets - ongoing

11. Separate collection • Waste Framework Directive: • separate collection at least of paper, metal, plastic, glass by 2015 (Art 11(1) • bio-waste (optional, to be mandatory) • Other waste legislation: • batteries and accumulators • waste from electrical and electronic equipment • packaging waste • waste containing PCB/PCT

12. Disposal – Arts 12, 13 • Least preferred option – better uses for resources always prevail • If necessary, can be done, provided it does not harm the environment and human health: • no risk to water, air, soil, plants, animals, • no nuisance through odours or noise, • no adverse effects on the countryside or places of special interest.

13. Other important provisions • Principles of self-sufficiency and proximity • Control of hazardous waste (ban on mixing, labelling and traceability) • Management of waste oils • Permits and registration of entities dealing with waste • Waste Management Plans • Inspections and record keeping • Reporting to the Commission

14. Implementation

15. Transposition by MS Member States had to transpose the Directive by Dec 2010- all MS have done so Commission checks the compliance of Member States' transposition: Most MS correctlytransposed the directive Some MS stillbeinginvestigated Infringement cases ongoingagainst: No judgements of the ECJ yet

16. Application in MS • MS competence • COM only takes action where failures are obvious • MS must report on the implementation of the Directive and the achievement of the targets of the Directive • COM is assisting MS

17. Infringement cases • Environment Legislation

18. Infringements • Waste legislation

19. Important ECJ rulings • Clarification of the waste definition, scope of WFD, distinction between recovery and disposal: • http://ec.europa.eu/environment/waste/framework/pdf/guidance_doc.pdf • Failure of MS to correctly waste legislation: • Mainly illegal landfills (C- Italy, C- Greece, C- France)

20. Important ECJ rulings • Case C- /13 Malagrotta

21. Compliance promotion activities

22. Thank you for your attention ! Additional sources of information: DG ENV “waste” website: http://ec.europa.eu/environment//waste/index.htm Waste Review: http://ec.europa.eu/environment/waste/target_review.htm Resource Efficiency: http://ec.europa.eu/resource-efficient-europe/index_en.htm Study on Economic Instruments: http://ec.europa.eu/environment/waste/use.htm Eurostat Databases: http://epp.eurostat.ec.europa.eu/portal/page/portal/waste/introduction EEA: http://www.eea.europa.eu/themes/waste