6/2/2015R. Ferrigno EU Policy Director1 Energy recovery European Environmental Bureau

6/2/2015R. Ferrigno EU Policy Director2 The European Environmental Bureau (EEB) is a federation of 134 European Environmental Citizens Organizations in 25 Countries European Environmental Bureau

6/2/2015R. Ferrigno EU Policy Director3 Waste Facts Each year in the European Union 1.3 billion tons of waste are generated– some 40 million tons of it hazardous. This amounts to about 3.5 tons of solid waste for every man, woman and child, according to European Environment Agency statistics.

6/2/2015R. Ferrigno EU Policy Director4 Waste Facts Between 1990 and 1995, the amount of waste generated in Europe increased by 10%, according to the OECD. Most of what we throw away (67%) is either burnt in incinerators, or dumped into landfill sites

6/2/2015R. Ferrigno EU Policy Director5 Waste Facts Most waste streams (paper, cardboard, glass, plastic, PVC) will probably increase over the next decade. Implemented EU legislation failed to achieve reduction of waste generation

6/2/2015R. Ferrigno EU Policy Director6 Waste Facts In 1998 for every ton of useful products made in UK, about 10 tons of other resources were consumed or wasted. Waste represents an enormous loss of resources both in the form of material and energy.

6/2/2015R. Ferrigno EU Policy Director7 Lessons on Waste In total, between 60% and 70% of MSW (200 million tons generated) can be considered as biodegradable waste (EEA). Legislation on mandatory separate collection of biodegradable waste for high quality composting still missing.

6/2/2015R. Ferrigno EU Policy Director8 Lessons on Waste Waste remain extremely sensitive political issue (transport, disposal) Poor public information & participation Waste hierarchy not implemented yet Poor implementation record Poor Data & Reporting

6/2/2015R. Ferrigno EU Policy Director9 Need to focus on prevention To unveil real costs of waste management and fully implement producer responsibility To phase-out hazardous substances To eliminate implicit and explicit subsidies to waste as “renewable” Targets and incentives for expanding the use of recyclable and recycled materials in products

6/2/2015R. Ferrigno EU Policy Director10 From process-oriented approach to material-oriented approach Develop IPP framework Increase resource efficiency Promote shift from products to services Targets and incentives for the use of renewable resources

6/2/2015R. Ferrigno EU Policy Director11 Energy recovery Due to the environmentally different hierarchies of waste management, the EU waste strategy distinguishes between: reuse meant as a material reuse without any structural changes in materials recycling meant as a material recycling, only, and with a reference to structural changes in products recovery meant as an energy recovery only

6/2/2015R. Ferrigno EU Policy Director12 Energy recovery: seeking for definition The main inconsistencies in the overall concept of reuse/recycling/recovery apply to energy recovery. It is not clearly defined in waste statistics as a net calorific gain of energy of each combusted waste, but may refer to:

6/2/2015R. Ferrigno EU Policy Director13 Energy recovery: seeking for definition Incineration of waste materials of high calorific values or Total waste quantity incinerated in facilities with energy recovery.

6/2/2015R. Ferrigno EU Policy Director14 Energy recovery: seeking for definition Due to the crucial role of targets for reuse/recycling/recovery ratios, clarification in definition of energy recovery is necessary

6/2/2015R. Ferrigno EU Policy Director15 EU legal definition of energy recovery ‘energy recovery’ shall mean the use of combustible packaging waste as a means to generate energy through direct incineration with or without other waste but with recovery of the heat Directive 94/62/EC on packaging and packaging waste, art.3(8)

6/2/2015R. Ferrigno EU Policy Director16 ECJ ruling on energy recovery The recent ruling of the European Court of Justice delivered on 13 th of February Case C-458/00 Commission of the European Communities v Grand Duchy of Luxembourg - points at incineration with energy recovery in MSWI’s as a disposal operation

6/2/2015R. Ferrigno EU Policy Director17 ECJ ruling on energy recovery According to the ECJ ruling on Case C-228/00, Commission of the European Communities v Federal Republic of Germany, co-incineration with energy recovery in cement kilns is a recovery operation.

6/2/2015R. Ferrigno EU Policy Director18 ECJ rulings on energy recovery In order to be considered use principally as a fuel or other means to generate energy, within the meaning of point R1 of Annex IIB to the WFD, it is both necessary and sufficient that the combustion of waste meet the following three conditions:

6/2/2015R. Ferrigno EU Policy Director19 ECJ rulings on energy recovery The main purpose of the operation concerned must be to enable the waste to be used as a means of generating energy. The conditions in which that operation is to take place must give reason to believe that it is indeed a 'means to generate energy'. The waste must be used principally as a fuel or other means of generating energy.

6/2/2015R. Ferrigno EU Policy Director20 ECJ rulings on energy recovery Commission should clarify the consequences of the ECJ ruling on: The use of MSWIs to meet recovery targets set by the Packaging Directive; Incineration as recovery or disposal operations;

6/2/2015R. Ferrigno EU Policy Director21 Energy recovery and climate change Climate change impacts are only one of a number of environmental impacts that derive from solid waste management options.

6/2/2015R. Ferrigno EU Policy Director22 Energy recovery and climate change Other impacts include health effects from air pollutants such as NOx, SO2, dioxins and fine particles, emissions of ozone-depleting substances, contamination of water bodies, depletion of non-renewable resources, disamenity effects, noise, accidents etc.

6/2/2015R. Ferrigno EU Policy Director23 Energy recovery and climate change These environmental impacts are in addition to the socio-economic aspects of alternative ways of managing waste. All of these factors need to be properly considered in the determination of a balanced policy for sustainable waste management, of which the climate change elements are but one aspect.

6/2/2015R. Ferrigno EU Policy Director24 Energy recovery and climate change “source segregation of MSW followed by recycling (for paper, metals, textiles and plastics) and composting/anaerobic digestion (for putrescible wastes) gives the lowest net flux of greenhouse gases, compared to other options for the treatment of bulk Municipal Waste. The largest contribution to this effect is the avoidance of emissions from landfills as a result of recycling these materials” Waste management options and climate change, AEA Technology 2001

6/2/2015R. Ferrigno EU Policy Director25 Energy recovery and climate change When it comes to municipal or regional waste planning, local factors exert the dominant influence. availability of existing waste management facilities and duration of waste management contracts, necessity to build new facilities markets for recyclables, geographic and socio-economic factors

6/2/2015R. Ferrigno EU Policy Director26 Lessons on Waste Local factors exert the dominant influence: Waste remain extremely sensitive political issue Poor public information & participation Lack of consensus is the rule Information + Participation = Prevention

6/2/2015R. Ferrigno EU Policy Director27 Waste: the way forward You cannot solve the problem by renaming it!!! Italy has changed the waste definition by restricting the scope of the WFD Is the Commission following down this road?