1 Environmental Services Training Group LOCAL AUTHORITY ENVIRONMENT CONFERENCE 2016 Future Challenges and Opportunities for the Environment Hodson Bay Hotel, Athlone, May 2016.

Future Challenges and Opportunities for the Environment Circular Economy Package Jean Clarke Technical/Scientific Policy Adviser DECLG

Circular Economy – What it is? A Circular Economy is an alternative to a traditional linear model (make, use, dispose) in which we keep resources in use for as long as possible extract the maximum value from them whilst in use, then recover and regenerate products and materials at the end of each service life Source: WRAP

Circular Economy – What it is? Source: Ellen McArthur Foundation

Circular Economy Package Two components  Legislative Proposals on Waste (waste framework directive, packaging directive, landfill directive, WEEE, end-of-life vehicles)  Wider Action Plan complementing these proposals primarily of non legislative actions

The Circular Economy Package Adopted by the Commission on 2 nd December 2015 Action Plan Communication List of Follow Up Initiatives Annex Legislative Proposals Source: EU Commission

5 Main Areas of Action ProductionConsumption Waste Management Secondary raw materials Innovation & Investment Source: EU Commission

Production Objectives  Incentives to the circular design of products  Innovative and resource efficient production processes. Key Actions  Foster reparability, durability, and recyclability in Ecodesign (e.g. TV screens)  Promotion of best practices for waste management and resource efficiency in industrial sectors.  Facilitate industrial symbiosis Source: EU Commission

Consumption Objectives  Reuse and repair of products to avoid waste.  Empower consumers with reliable information on environmental impact of products. Source: EU Commission Key Actions  Develop rules to encourage reuse activities (e.g. waste proposal)  Work on Ecodesign to ensure availability of spare parts  Better enforce guarantees and action on false green claims  Emphasise CE criteria in Green Public Procurement.  Independent testing programme to assess possible planned obsolescence.  Better labelling: EU Eco-label, Environmental Footprint.

Market for secondary raw materials Objectives  Increase the use of secondary raw materials.  Increase the use of recycled nutrients and the reuse of treated wastewater.  Safely manage the risks of chemicals of concern.  Improve knowledge of material stocks and flows. Key Actions  Develop quality standards for secondary raw materials.  Revised EU regulation on fertilizers.  Legislative proposal on minimum requirements for reused water  Analysis on the interface between chemicals, product, and waste legislation.  EU-wide electronic system for cross-border transfers of waste.

Innovation & Investment Objectives  Right environment for innovation and investments.  Source: EU Commission Key Actions  €650 million Horizon 2020 initiative on ‘Industry 2020 in the CE.  Pilot "innovation deals" to address potential regulatory obstacles for innovators.  Targeted outreach of EU funding, as Cohesion Policy Funds and for SMEs.  New platform for financing CE with EIB and national promotional banks.

Circular Economy Package Legislative Proposal

Waste Legislative Proposals – Key Elements  Prevention  Some provisions relocated from Waste Prevention Programmes Article into Prevention Article A limitation on flexibility/ agility of WPPs? MSs to take measures  To encourage re-use of Resource Efficient, Durable, Reparable and recyclable products Feasible for an individual MS within a global economy?  on Food Waste Prevention  No targets – despite SDG of 50% reduction by 2030;  to encourage establishment of re-use systems; and  To establish targets for residual MSW generation.

Reuse, Recycling and Recovery Targets  2025: 60% MSW Prep. for Re-use/Recyc./Re-use;  2030: 65% MSW Prep. for Re-use/Recyc./Re-use  Sorting systems to be established for C & D Waste – Wood, Aggregates, Metal, Glass and Plaster.  Definitions, Calculation Methodology and Targets inextricably linked;  Food waste measurement method to be defined;  “Recognised” Re-use Operators – level of Accreditation?  Define waste generation calculation methodology?

Packaging Waste - Targets  Definitions in Packaging Directive and Landfill To be Aligned with WFD Definitions.  Packaging Waste Prep. for Re-use/Recycling/Re-use  65% Target for Packaging Waste Preparation for Re-use/ Recycling/Re-use by 2025;  55% Target for Plastic Packaging Waste Preparation for Re- use/ Recycling/Re-use by 2025;  75% Target for Aluminium Packaging Waste Preparation for Re-use/ Recycling/Re-use by 2025;  75% Target for Packaging Waste Preparation for Re-use/ Recycling/Re-use by 2030;  85% Target for both Ferrous Metal/ Aluminium Packaging Waste Prep. for Re-use/ Recycling/Re-use by 2030; and  Definitions, Calculation Methodology and Targets linked.

Key Issues - Definitions  Municipal waste – scope of definition what is and is not included  Biowaste –too broad as currently stands  Preparing for Reuse  Backfilling – trying to provide more clarity by introducing a definition

Waste Legislative Proposals – Key Elements  Calculation Methodology  Basis - Weight entering Final Recycling Process;  or Based on Weight directed to Final Recycling Process provided “losses” do not exceed 10%;  May include “re-use” in calculation - what “recognised” re-use operations to include?;  For packaging re-use – cap on amount that can be taken into account ?; and  MSs must establish “an effective system of Quality Control and Traceability” for verification of MSW and Packaging Recycling;

Waste Legislative Proposals – Key Elements  By-products and End-of-Waste  MSs shall – rather than may – ensure that substances and objects meeting the relevant specified criteria be classified as by-products or end-of-waste;  Still have to fulfill criteria!  Overhaul and attempt to stremline By- Product/EoW Procedures and Criteria? Implications of Court of Justice Jurisprudence or existing EU EoW Regulations ?

Waste Legislative Proposals – Key Elements  New Article 8a on Minimum EPR Scheme Requirements  Highly prescriptive and onerous;  For all new EPR Schemes once Revisions enter into force;  For all EPR Schemes 42 months after entry into force  “Gold Plated” EPR Schemes only?;  Clearly define Roles/ Responsibilities of all EPR Partners;  Define measurable waste management targets in line with waste hierarchy and Directive obligations;  EPR Organisation Governance Rules;  Producer Financial Contribution to fully cover the entire cost of waste management & information obligations.  Adequate Monitoring/ Enforcement by MSs to ensure all Producers discharge their obligations.

Waste Legislative Proposals – Key Elements  Early Warning Report  Commission to Review MS Performance 3-years before Targets due to take effect;  Recommendations to be given by Commission to those MSs deemed at risk of missing Targets;  Some MSs concerned that “recommendations” amount to “directions” in view of potential Court of Justice referrals.  Bio-waste  Separate Collection of Bio-waste linked to Both TEEP and Target Achievement;  Implications of Target Linkage for Anaerobic Digestion – retain Article 2(6) of Decision 753/2011; and  Bio-waste definition Scope establishes overall obligations.

Waste Legislative Proposals – Key Elements  Waste Management Plans  Litter to be included within Scope;  Need to Revise WMPs in line with Revisions to WFD?  Record Keeping  Member States to set up Electronic Registry for Hazardous Waste;  Electronic Registry may include other Waste streams.  Reporting  3-Yearly MS Directive Implementation Reports to be abolished;  MSs to Submit Annual Reports on Implementation of each Directive.

Waste Legislative Proposals – Key Elements15  Diversion of MSW from Landfill Under Landfill Directive  Amount of MSW allowed to be landfilled to be limited to 10% of MSW generated by 2030;  Need for measurement method to be defined?

EU Negotiation Schedule  Dutch Presidency c. 10 Working Party meetings on legislative proporal and 3 on Action Plan;  June Council–Presidency Report on Waste Package;  Food Waste to be discussed In Agriculture Council;  Adoption by Co-decision with European Parliament;  Conclusions on CE Action Plan in June Council;  Slovakian Presidency: July to December 2016;  Maltese Presidency: January to June 2017; and  UK Presidency: July to December 2017;  Main outcome for Dutch Presidency – Council Conclusions on the Action Plan

Follow Up / Comments Any comments/ suggestions on Waste Legislative Package to