RVF - The Swedish Association of Waste Management Gunnel Klingberg, RVF 2004 Waste Management Legislation In EU Gunnel Klingberg legal adviser RVF - Swedish Association of Waste Management Prostgatan 2 S Malmö, Sweden phone: fax:

RVF - The Swedish Association of Waste Management Gunnel Klingberg, RVF 2004 Swedish Association of Waste Management 400 members – 280 municipalities, municipal owned companies – 120 private companies Activities – lobbying, experience exchange – education, information – R & D, membership service Office – in Malmö since employees Economy – turnover ~3,2 million € /a

RVF - The Swedish Association of Waste Management Gunnel Klingberg, RVF 2004 European Waste legislation: Directives on waste and hazardous waste landfill, incineration of waste and on the disposal of waste oils packaging and packaging waste and batteries and accumulators containing certain dangerous substances Regulations on: the supervision and control of shipments of waste within, into and out of the EC concerning health rules concerning animal by-products not intended for human consumption waste statistics among many, many other...

RVF - The Swedish Association of Waste Management Gunnel Klingberg, RVF 2004 Definition of WASTE Council Directive 75/442/EEC of 15 July 1975 on waste (”Waste Framework directive”), last amended ….. Article 1: “Waste shall mean any substance or object in the categories set out in Annex I which the holder discards or intends or is required to discard. The Commission, acting in accordance with the procedure laid down in Article 18, will draw up, no later than 1 April 1993, a list of wastes belonging to the categories listed in Annex I. This list will be periodically reviewed and, if necessary, revised by the same procedure.” Last waste list by Commission Decision 2000/532/EC (amended through decision 2001/118/EC )

RVF - The Swedish Association of Waste Management Gunnel Klingberg, RVF 2004 ECJ on the definition of Waste The European Court of Justice has in a number of cases further defined waste. Brief summary: A wide definition; individual assessments in regarding the intention of the waste holder to discard. “To discard” is difficult to define, includes also the intention to discard. Waste includes materials with financial value. Waste includes materials in storage, irrelevant of where. Chemical composition or risk for the environment irrelevant for waste definition. Material immediately or continuously returned to a production or treatment process as an integrated part of the process can be considered outside of the waste definition.

RVF - The Swedish Association of Waste Management Gunnel Klingberg, RVF 2004 European Union Legislation Community law; an independent legal system Takes precedence over national legislation Primary Legislation Secondary Legislation 1.Regulations 2.Directives 3.Decisions 4.Recommendations, Opinions 1.Case-law

RVF - The Swedish Association of Waste Management Gunnel Klingberg, RVF 2004 European Legislative decision-makers The Council of the European Union The European Commission The European Parliament Consultative bodies 1.Economic and Social Committee 2.Committee of the Regions 1.European Court of Justice

RVF - The Swedish Association of Waste Management Gunnel Klingberg, RVF 2004 Directive 75/442/EEC on waste  Council Directive 75/442/EEC on waste of 15 July 1975 (”framework directive”) Definitions of waste, producer, holder, management, disposal, recovery and collection Exempts gases to the atmosphere, radioactive waste, mining waste, animal and agricultural waste, waste waters (special legislation) Objectives for Member States to ensure prevention or reduction of waste production and its harmfulness, clean technologies, recovery, use waste as a source of energy, treatment without risk to environment, competent authorities for waste management plans, permits, periodic inspections, the polluter pays principle etc. Member States shall ensure that the holder of waste has it handled by a public or private waste collector or recovered/disposed of in accordance with the directive.

RVF - The Swedish Association of Waste Management Gunnel Klingberg, RVF 2004 Council Directive 91/689/EEC of 12 December on hazardous waste Defines and identifies hazardous waste through combined waste list (*) or through properties of the waste. Minimum requirements for handling, identification, recording, packaging, storage, transportation etc. Definitions and basic requirements in framework directive applicable Supplemented by other directives regulating specific hazardous wastes. Annex I - Categories or generic types of hazardous waste Annex II - Constituents of wastes in Annex IB Annex III - Properties if wastes which render them hazardous (with test methods)

RVF - The Swedish Association of Waste Management Gunnel Klingberg, RVF 2004 European Waste legislation Directives:  75/442/EEC on waste  75/439/EEC on the disposal of Waste Oils  91/689/EEC on hazardous waste  91/156 on batteries and accumulators containing certain dangerous substances  94/62 on packaging and packaging waste  99/31/EC on landfill of waste  2000/76/EC on incineration of waste  2000/53/EC on End-of- Life Vehicles  2002/96/EC on waste electrical and electronic equipment (WEEE)  96/61/EC concerning Integrated pollution prevention and control (IPPC)

RVF - The Swedish Association of Waste Management Gunnel Klingberg, RVF 2004 Regulations  Regulation (EC) No 2037/2000 on Substances that Deplete the Ozone Layer  Regulation (EEC) No 259/93 on the supervision and control of shipments of waste within, into and out of the European Community  Regulation (EC) No 1774/2002 laying down health rules concerning animal by-products not intended for human consumption  Regulation (EC) No 2150/2002 of the European Parliament and of the Council on waste statistics

RVF - The Swedish Association of Waste Management Gunnel Klingberg, RVF 2004 EU legislation on-line EUR-Lex Complete EU law in all official EU working languages Celex Registration required but offers complete legal research CuriaEuropean Court of Justice jugements OeilThe legislative Observatory of the European Parliament Prelex Database monitoring the decision-makin process between institutions

RVF - The Swedish Association of Waste Management Gunnel Klingberg, RVF 2004 How find the EU laws for waste management The following steps will take make you access the waste management directives and regulations on the European Union web-site. 1. Go to 2. Click on the language that you want to use. English = en 3. Click on Legislation 4. Then click on Directory of Community Legislation in force 5. In the numbered analytical structure, go to number 15. Environment, consumers and health protection 6. Under number Environment, click on Waste management and clean technology Here you can view all regulations and directives covering waste management, either as PDF-files or in html- format.