General provisions of the Waste Framework Directive (WFD) 2006/12/EC - and what makes a new directive necessary - WFD 2008/98/EC: Experiences from a EU Member State Andrea Sander (Ministry for Rural Development, Environment and Consumer Protection of the State - Land - of Brandenburg/Germany)

Structure of this presentation WFD 2006/12/EC – main requirements [Dir. 75/439/EEC on waste oils and on Dir. 91/689/EEC on hazardous waste – both to be replaced by Dir. 2008/98/C] Objectives for the revision of WFD 2006/12/EC What is new with the WFD 2008/98/EC? Experiences of a Member State (Land Brandenburg) with the Existing WFD: waste management planning 2

3 The (old) WFD (2006/12/EC) and its main requirements I Waste hierarchy: prevention, recovery of waste and the use of waste as a source of energy – waste recovery or disposal to be done without endangering human health (Art. 3, 4) A.Obligations of the Member States -Establish an integrated and adequate network of disposal installations, taking into account BAT - enabling to become self-sufficient in waste disposal (Art. 5) – principle of “self-sufficiency and proximity” -Waste management planning (Art. 7) B. Obligations of holders of waste and undertakings – and public supervision -Holders of waste have it handled by a private or public waste collector or recovers or disposes himself (Art. 8), Polluter pays principle (Art. 15) -Permitting and Registration: * for disposal operations (Art. 9, Ann. II A) and for recovery operations (Art. 10, Ann. II B), recordkeeping of the waste, e.g. origin, quantity, destination (Art. 14) * for undertakings collecting or transporting waste (Art. 12) -Periodic inspections by competent authorities for establishments carrying out these waste operations (Art. 13)

4 The (old) WFD (2006/12/EC) – IIA: waste management planning (Art. 7) Waste management plans shall relate in particular to: type, quantity and origin of waste to be recovered or disposed of general technical requirements any special arrangements for particular wastes Suitable disposal sites or installations Waste management plans may cover, for example: The natural or legal persons empowered to carry out the waste management The estimated costs of the recovery and disposal operations Appropriate measures to encourage rationalisation of the collection, sorting and treatment of waste Member States shall cooperate as appropriate with the other MS and the Commission to draw up such plans Member States may take the measures necessary to prevent movements of waste which do not comply with their waste management plans

5 The New WFD 2008/98/EC – and its predecessors The new Framework Directive on Waste 2008/98/EC replaces the following Directives: -Dir. 2006/12/EC on Waste (former Dir. 75/442/EEC on Waste) -Dir. 75/439/EEC on Waste Oils -Dir. 91/689/EEC on Hazardous Waste

6 The (old) Directive on Waste Oils (75/439/EC) and its main requirements for the Member States Objective: Protection of the environment against harmful effects caused by the discharge, deposit or treatment of these oils (and environmentally sound recycling of waste oils may contribute to fuel supply) -Collection and environmentally sound disposal of waste oils is required with priority to the processing of waste oils by regeneration, i.e. by refining (otherwise: combustion, destruction, storage or tipping) ->Undertakings which collect waste oils must be subject to registration and supervision, permitting is required for any undertaking which disposes of waste oils -Banned: any discharge into inland surface water, ground water, territorial sea, drainage systems; any deposit and/or discharge of waste oils or processing harmful to the soil or causing air pollution, any uncontrolled discharge of residues resulting from the processing of waste oils//mixing waste oils with PCB or PCT or with toxic and dangerous wastes -Carry out public information and promotional campaigns to ensure that waste oils are properly collected and stored

Directive on hazardous waste – 91/689/EEC ‘hazardous waste’: featuring on a list on the basis of Annex I and II (one or more properties listed in Annex III) Any other waste which is considered to display any of the properties of Annex III (to be notified to the Commission)  Commission Decision 2000/532/EC establishing a common list (replacing a list on hazardous wastes - 94/904/EC - and a list on wastes pursuant to Dir. 75/442/EC - 94/3/EC). ->ensure that hazardous waste is recorded and identified ->establishments and undertakings carrying out disposal (or recovery) operations must obtain a permit -> waste management planning for hazardous wastes – to be published!

8 Objectives of the WFD revision EU – Strategy: "Taking sustainable use of resources forward: A Thematic Strategy on the prevention and recycling of waste” (2005): Simplification and modernization of existing legislation: integration of several directives, clarification of terms Introduction of life-cycle thinking into waste policy Promotion of more ambitious waste prevention policies Better knowledge and information

9 The new WFD – 2008/98/EC and its structure -Introductory Words (Considerations) -Chapter I: Subject matter, Scope and Definitions (Art. 1-7) -Chapter II: General Requirements (Art. 8-14) -Chapter III: Waste Management (Art ) -Chapter IV: Permits and Registrations (Art ) -Chapter V: Plans and Programmes (Art ) -Chapter VI: Inspections and Records (Art ) -Chapter VII: Final Provisions (Art ) -Annex I: Disposal Operations -Annex II: Recovery Operations -Annex III: Properties of Waste which render it hazardous -Annex IV: Examples of Waste Prevention measures referred to in Art. 29 -Annex V: Correlation Table (Dir. 2006/12/EC, 75/439/EEC and 91/689/EEC)

10 Clarification of the term of Waste I (more definitions and clarification on existing definitions) More definitions (Art. 3): ‘bio-waste’, ‘dealer, ‘broker, ‘separate collection’, ‘prevention’, ‘re-use’, ‘treatment’, ‘preparing for re-use, ‘recycling, ‘best available techniques’ … and clarifications on existing definitions, e.g. -> Exclusion from the scope (Art. 2): ‘land (in situ) including unexcavated contaminated soil and buildings permanently connected with land’ [van de Walle, ECJ, Judgment of 7. Sept – Case C-1/ 03] => WFD does not apply on land in situ!

11 Clarification of the term of Waste II (Criteria for By-products may be defined) By-products (Art. 5) A substance or object, resulting from a production process, the primary aim of which is not the production of that item, may be regarded as not being waste but as being a by-product only if the following conditions are met: (a) further use of the substance or object is certain; (b) the substance or object can be used directly without any further processing other than normal industrial practice; (c) the substance or object is produced as an integral part of a production process; and (d) further use is lawful. -> Measures may be adopted to determine the criteria to be met for specific substances or objects regarded as a by-product and not as waste (regulatory procedure according to Art. 39 (2) and Decision 1999/468/EC!)

12 Clarification of the term of Waste III - (End-of-Waste status, Art. 6) Certain specified waste shall cease to be waste when it has undergone a recovery, including recycling, operation and complies with specific criteria to be developed in accordance with the following conditions: (a)Undergone a recovery process; (b)the substance or object is commonly used for specific purposes; (c) a market or demand exists for such a substance or object; (d)the substance or object fulfils the technical requirements for the specific purposes and meets the existing legislation and standards applicable to products; and (e) the use of the substance or object will not lead to overall adverse environmental or human health impacts. -> The criteria to be adopted shall include limit values for pollutants where necessary and shall take into account any possible adverse environmental effects of the substance or object: End-of-waste specific criteria should be considered, among others, at least for aggregates, paper, glass, metal, tyres and textiles. -> Waste which ceases to be waste shall also cease to be waste for the purpose of the recovery and recycling targets set out in Directives 94/62/EC, 2000/53/EC, 2002/96/EC and -> Criteria to be set on the Community level under the regulatory procedure acc. To 39 (2).

13 The new WFD: Modified Waste Hierarchy (Art. 4) Modified Waste hierarchy: (a) prevention (b) preparing for re-use (c) recycling (d) other recovery, e.g. energy recovery (e) disposal Applying the hierarchy: Best overall environmental outcome (departing from the hierarchy may be justified for specific waste streams by life-cycle thinking on the overall impacts of the generation and management of such waste). transparent process for the development of waste legislation: consultation and involvement of citizens and stakeholders. environmental protection principles of precaution and sustainability, technical feasibility and economic viability, protection of resources and overall environmental, human health, economic and social impacts.

14 The new WFD 2008/98/EC: Prevention of Waste ‚ prevention‘: means measures to be taken, before a substance, material or product has become waste, that reduce: (a) the quantity of waste (b) the adverse impacts of the generated waste on the environment and human health (c) the content of harmful substances in materials and products -> extended producer responsibility (Art. 8) -> waste prevention programmes of the Member States (Art. 29, Ann. IV) -> reporting of the European Commission to EP and the Council (Art. 9): *2011 interim report on the evolution of waste generation and the scope of waste prevention, including the formulation of a product eco-design policy - focusing on durable, re-usable and recyclable products // action plan for support measures (change consumption patterns): eco-design policy * 2014 the setting of waste prevention and decoupling objectives for 2020

15 The new WFD 2008/98/EC: Distinction between Waste Recovery and Disposal ‘Recovery’ (Art. 3 No. 15): any operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfill a particular function, in the plant or in the wider economy. Annex II sets out a non-exhaustive list of recovery operations [-> see the energy efficiency criterion R 1 in Ann. II for incineration facilities: processing of municipal solid waste!]. ‘Disposal’ (Art. 3 No. 19): any operation which is not recovery even where the operation has as a secondary consequence the reclamation of substances or energy, Annex I contains a list of non-exhaustive operations = this clarifies the existing distinction (of Ann. IIA and IIB Dir. 2006/12/EC) according to the ECJ ruling (C-228/00; C 458/00) -> improving recovery: separate collection and treatment (Art. 10) -> waste management: to be carried out without harming the environment (Art. 13)// standards for treatment activities may be adopted (Art. 27)

16 The new WFD 2008/98/EC: Re-use and Recycling (Art. 11) ‘Re-use ‘: any operation by which products or components that are not waste are used again for the same purpose for which they were conceived ‘Recycling‘: any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original or other purposes (including reprocessing of organic material, but not energy recovery and the reprocessing into materials that are to be used as fuels (high quality recycling to be preferred: any operation by which products or components that are not waste are used again for the same purpose for which they were conceived) By 2015: Separate Collection shall be set up for paper, metal, plastic and glass By 2020: preparing for re-use and recycling of waste for paper, metal, plastic and glass from households (possibly other waste streams) by at least 50 % by weight By 2020: preparing for re-use, recycling and other material recovery of non- hazardous construction and demolition waste by at least 70 % by weight -> wide definition of recovery - mixed municipal waste from private households considered waste to dispose of (Art. 16 and Art. 3 par. 5 Reg.1013/2006)

17 The new WFD 2008/98/EC - Bio-waste (Art. 22) Member States shall take action to encourage: -separate collection of bio-waste -treatment of bio-waste (high level of environmental protection) -use of environmentally safe materials produced from bio- waste -> Commission is to carry out an assessment with a view to submitting a proposal if appropriate.

18 The new WFD 2008/98/EC - waste management plans (Art. 28) Necessary Information to be given by waste management plans (Art. 28): Analysis of the current waste management situation in the geographical entity concerned, measures to be taken to improve environmentally sound preparing for re-use, recycling, recovery and disposal of waste, evaluation of how the plan will support the implementation of the objectives of the Directive Information on waste generated and development in the future Existing waste collection schemes and major disposal and recovery installations (incl. waste oil arrangements)/ assessment of the need of additional infrastructure (principles of self-sufficiency and proximity for the recovery [new!] and disposal of wastes, Art. 16) Information on the location criteria for site identification and on the capacity of future disposal or major recovery installations Optional Information on: organizational aspects, usefulness of economic instruments, awareness campaigns -> Public participation for the elaboration of waste management plans (Art. 31) -> Evaluation of waste management plans at least every sixth year (Art. 30) [-> Planning requirements Dir. 94/62/EC (packaging), Dir. 1999/31/EC (landfills)]

Experiences of a Member State (Land Brandenburg): Determining factors in Germany Germany is a Federal Republic (82 million inhabitants): - Waste legislation established mainly on the Federal Level - Implementation of waste legislation mainly on the State level (16 Länder) -Total amount of waste (2005): 331 million tons (hazardous wastes in all of the following fractions): 55 % Construction and demolition waste 15,8 % Mining wastes 14,5 % Production and industrial wastes 14 % Municipal wastes 19

20 The legislative context: Transposition of the WFD into German (Federal and State) Law Federal Law (“Kreislaufwirtschafts- und Abfallgesetz”) and Ordinances/By-Laws: Obligations of the holders of waste/operators of plants (waste hierarchy)/technical standards for the (recovery and) disposal of waste Assignments of the communal authorities: recovery and disposal of private household wastes Assignments of the waste authorities: * (state) waste management planning * supervision of private subjects dealing with waste (including permitting for waste installations and landfills) State Law (“Brandenburgisches Abfallgesetz“): Detailed requirements on the obligations of the communal waste authorities regarding municipal solid waste; local statutes regarding private household waste to be let to municipal authorities and its costs State and communal waste management planning Obligation to make hazardous waste available to a public-private legal entity (Sonderabfallgesellschaft Brandenburg/Berlin mbH), responsible for monitoring hazardous waste disposal Provisions regarding the supervisory work of the waste authorities

The German/Brandenburg legislation on waste management planning Minimum contents of waste management plans: -The targets to prevent and recover waste -Identification of the establishments needed regarding sufficient domestic waste disposal capacities -Waste disposal plants permitted -Appropriate areas for waste disposal plants It may cover: -The public authorities in charge of the waste disposal - To which disposal plant the holder of waste has to deliver his waste. -> These measures serve to a waste management control in view of thorough waste management planning -> Requirements regarding SEA (Strategic environmental assessment acc. to Dir. 2001/42/EC) -> Public involvement in the process -> Brandenburg: Cooperation with Berlin 21

Waste management planning in the State of Brandenburg In Germany, waste management plans – and most implementation of waste legislation is executed on the level of the “Länder” State of Brandenburg (1990): - 2, 5 million inhabitants (in the centre of Brandenburg: the State of Berlin - 3,4 million inhabitants) km² - 17 communal waste authorities 22

The organizational structure: waste authorities in the State of Brandenburg Ministry for Environment: -State-wide waste management planning -Supervision of the waste authorities in the State State Environment body (Landesumweltamt Brandenburg): -Licensing procedures for landfills and waste facilities -Scientific and technical authority with advisory functions to the Ministry and the communal waste authorities Communal Waste authorities: -Lower waste authorities (supervisory assignments) -Responsibility for the collection, recovery and recycling of waste -> Communal waste concepts and balances Authority for hazardous wastes (“Sonderabfallgesellschaft Brandenburg/Berlin”): monitoring and control of hazardous waste streams 23

Different Responsibilities in Germany regarding waste recovery and disposal Municipal solid waste -> communal waste authorities Production/Industry waste -> disposal by the communal authorities -> recovery by communal or private enterprises Hazardous Wastes -> Recovery by private enterprises, -> disposal by private enterprises (in some states, disposal of hazardous waste is monitored, e.g. Brandenburg) 24

The process of waste management planning (State of Brandenburg) 1.Collection of data (communal waste balances of the previous years and communal waste management concepts for the upcoming years, waste register and information collected by inspection, statistical data of the States of Berlin and Brandenburg) 2.First Draft of the waste management plan 3.Hearings of the Brandenburg ministry with the public waste authorities of the State of Brandenburg 4.Qualification of the draft waste management plan 5.Further involvement of the affected private actors, companies neighbouring states (Berlin!) 6.Public involvement: publishing of the draft waste management plan (via internet) 7.Final decision 8.Publication of the waste management plan in the official gazettes, homepage of the ministry of environment 25

Communal Waste management concepts – municipal solid waste (State of Brandenburg) Communal Waste concepts: (-> based on the yearly waste balances: on type, quantity, origin and destination of waste in the previous year) Once every 5 years Description on type, quantity, origin and destination of the wastes Development of waste streams (estimations) Objectives and instruments in view of the prevention, recovery and disposal of wastes Time frames and economical evaluations Capacities for waste disposal for the following 10 years have to be proven 26

The structure of the Waste management Plan 2000/2006 (State of Brandenburg – municipal solid waste) - Objectives of Waste management planning: sufficient capacity of waste disposal facilities – under consideration of the waste hierarchy -The data basis and the process of waste management planning -Description of the current waste management situation (type, amount of waste generation and destination of different waste streams (recovery: biogenic wastes, packaging and similar wastes, construction wastes, energetically treatable wastes), organization of waste disposal, impact of new legal framework conditions, treatment of waste, landfills, energy recovery) and expected developments (10 year time frame) -> Present amount of waste – total (2006): tons of waste -> Expected amount of waste – total (2016): tons of waste -Capacities: Disposal sites: municipal solid waste landfills, landfills of enterprises, mechanical biological treatment facilities; recovery facilities - under consideration of the disposal of the wastes from Berlin ->Sufficient Capacity for waste recycling and disposal: 9 (and after 2009: 5) remaining landfills (by 1990: 2000 landfill sites in the State of Brandenburg – undergone treatment and closure) – and several hundred waste treatment faciliti es 27

Waste management plan (State of Brandenburg – municipal solid waste): the annual waste generation per capita 28

29 Waste management plan (State of Brandenburg - municipal solid waste, 2000/2007): Waste designated for landfills

Development of landfill sites in the State of Brandenburg Up to 1990:Waste disposal in approx disposal sites :Reduction to 55 landfills : Clean up of the old landfills and reduction to approx. 40 landfills Since 1999:simple mechanical-biological treatment of wastes Since 2005:Five sealed landfills for municipal solid waste, for deposit of treated waste only Treatment of the municipal solid waste in 9 facilities Since 1990:State-wide programm for the clean-up, after-care and recultivation of all closed landfills

31 Experiences with waste management planning (State of Brandenburg - municipal solid waste /2006) Reasons for waste reduction: ->amount of construction and demolition waste strongly relies on the economic situation ->considerably high costs (= high technical standards) for waste disposal and recovery foster waste prevention and recycling ->costs for communal waste disposal reflect waste reductions Good experiences with communal public waste authorities: Separate collection enables “high quality” waste recovery No direct economic pressure on public waste authorities Information campaigns by local authorities -> State-wide recommendations on waste prevention/recovery/disposal – for certain important branches

Waste management planning – Experiences of the State of Brandenburg: - hazardous waste (1999/2006) Similar experiences with waste management planning for hazardous wastes exist, but there are differences: -> the organization of the hazardous waste authority in Brandenburg (public- private partnership: Brandenburg/Berlin/generators and waste operators) has proven to be very valuable in view of the monitoring and controlling of hazardous wastes streams -> The amount of municipal solid waste remains mainly unchanged at a certain level whereas the amount of hazardous waste varies considerably due to the economic situation (more than 50 % mineral construction wastes: transport, mining and decontamination wastes) - rising during the last years -> A few generate considerable amounts of hazardous wastes: consulting service for enterprises advisable! -> Status quo (2003): tons of hazardous wastes/Forecast: tons (2014)

(Hazardous) Waste management plan Brandenburg: contaminated mineral construction waste (1996 – 2003)

(Hazardous) Waste Management Plan (Brandenburg): forecast 2014

35 Main References – Framework Directives on Waste (Old) Directive 2006/12/EC on waste: lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:114:0009:00 21:EN:PDF (New) Directive 2008/98/EC on waste: lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:312:0003:00 30:en:PDF lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:312:0003:00 30:en:PDF