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

7th Environment Action Programme Waste Framework Directive (2008/98/EC) Waste Treatment Operations Framework Legislation Waste Shipments (Regulation (EC) No 1013/2006) 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) PCBs, PCTs, POPs (Directive 96/59/EC and Regulation (EC) No 850/2004 ) End-of-Life Vehicles (2000/53/EC) Electrical & Electronic Equipment (2012/19/EU) Mining Waste (2006/21/EC) Specific Waste Streams Restrictions on the Use of Hazardous Substances in WEEE (2011/65/EU)

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

Waste Framework Directive 2008/98/EC Main requierments

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 5

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 6

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

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 8

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 9

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 10

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 11

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. 12

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 13

Implementation

Commission checks the compliance of Member States' transposition: 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 correctly transposed the directive Some MS still being investigated Infringement cases ongoing against: No judgements of the ECJ yet

COM only takes action where failures are obvious 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

Infringement cases Environment Legislation 17

Infringements Waste legislation

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)

Important ECJ rulings Case C- /13 Malagrotta

Compliance promotion activities

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 22