LEGAL AND FINANCIAL SOLUTIONS FOR HOUSEHOLD WASTE MANAGEMENT Jean-Pierre HANNEQUART Directeur Général IBGE / Président ACR+ KIEV,25-26 NOVEMBER 2013

PLAN A/ LEGAL FRAMEWORK  THE BASIC LEGAL OBLIGATIONS FOR WASTE THE WASTE HIERARCHY PRINCIPLE THE WASTE PREVENTION PRINCIPLE THE WASTE RECYCLING/RECOVERY TARGETS B/ ECONOMIC FRAMEWORK GLOBAL VIEW ON ECONOMIC INSTRUMENTS ECONOMICS INSTRUMENTS AT PRODUCT LEVEL ECONOMICS INSTRUMENTS AT WASTE LEVEL THE EXTENDED PRODUCER RESPONSABILITY

A / LEGAL FRAMEWORK Event Title, Date

Waste Framework Directive (2008/98/EC) Waste Streams Waste Treatment Operations Framework Legislation Waste Shipment Regulation (EEC/259/93) Incineration Directive (2000/76/EC) Landfill Directive (1999/71/EC) recycling standards (future, based on WFD) Sewage Sludge (75/439/EEC) Batteries & Accumulators (2006/66/EC) Packaging & Packaging Waste (94/62/EC) PCBs, PCTs (96/59/EC) End-of-Life Vehicles (2000/53/EC) Electrical & Electronic Equipment (2000/96/EC) Mining Waste (2003/319/EC ) Restrictions on the Use of Hazardous Substances in WEEE (2002/95/EC) GLOBAL LEGAL VIEW ON EU WASTE LAW. BASIC LEGAL OBLIGATIONS (1)

Waste management without endangering human health, harming the environment and:  Without risk to water, air, soil, plants or animals  Without causing a nuisance (noise, odours)  Without adversely affecting countryside or places of special interest Prohibition of abandonment, dumping, uncontrolled disposal of waste Permit requirement for waste treatment facilities Traceability of hazardous waste Waste Management Plans by Member States BASIC LEGAL OBLIGATIONS (2)

THE WASTE HIERARCHY PRINCIPLE (1) (Article 4 /Directive 2008/98) The following waste hierarchy shall apply as a priority order (a) prevention; (b) preparing for re-use; (c) recycling (d) other recovery, e.g. energy recovery; and (e) disposal.

PREVENTION PREPARING FOR RE-USE RECYCLING RECOVERY SAFE DISPOSAL WASTE PRODUCT (NON-WASTE ) ORDER OF PRIORITIES = BEST ENVIRONMENTAL OUTCOME ( LIFE CYCLE THINKING) THE WASTE HIERARCHY PRINCIPLE (2)

THE WASTE HIERARCHY PRINCIPLE (3) …priority order…in legislation and policy… (art.4/Directive 2008/98) ==> legally binding hierarchy for treatment investments ==> legally binding hierarchy for waste subventions

THE WASTE HIERARCHY PRINCIPLE (4) …priority order…except… If it’s not “ the best overall environmental outcome” If it’s “ justified by life-cycle thinking” (art.4§2 / Directive 2008/98) LCA is a tool used to evaluate the potential environmental impacts of a product, process or activity throughout its entire life cycle by quantifying the use of resources and environmental emissions LCT can and should be applied to waste management as an essential complement to the waste hierarchy in view of its ability to integrate all the variables that influence the environmental performance

 PREVENTION MUST BE QUANTITATIVE & QUALITATIVE  PREVENTION INCLUDES THE RE-USE OF PRODUCTS Article 3 (12) / DIRECTIVE 2008/98 : “Waste Prevention" means …measures taken before waste is created …including the re-use of products that reduce: a) the quantity of waste b) the adverse impacts of generated waste c) the content of harmful substances in the waste THE WASTE PREVENTION PRINCIPLE (1 )

3 RE-USE LEVELS Prevention (Product) re-use for same purpose Preparing for re-use (Direct) waste re-use after control, cleaning or repairing Recycling Waste re-use after (complex) pre- processing THE WASTE PREVENTION PRINCIPLE (2)

 WASTE PREVENTION IS NOT « MINIMIZATION OF WASTE » THE WASTE PREVENTION PRINCIPLE (3)

Article 11 (Directive 2008/98) Member States shall take measures, as appropriate, to promote the re-use of products and preparing for re-use activities, notably by encouraging the establishment and support of re-use and repair networks, the use of economic instruments, procurement criteria, quantitative objectives or other measures. Article 29: Member States shall establish… waste prevention programmes no later than 12 December THE WASTE PREVENTION PRINCIPLE (4)

( WASTE PREVENTION PROGRAMMES) Member States shall determine appropriate and specific qualitative or quantitative benchmarks for waste prevention measures in order to monitor and assess the progress of the measures and may determine specific qualitative or quantitative targets and indicators…others than those fixed by “comitology”… (art.29 /directive 2008/98) 3 CONCEPTS ARE REQUIRED  BENCHMARKS = comparisons of performances and methods with the goal of assessing and improving waste prevention  TARGETS = objectives for levels of performance  INDICATORS = instruments for measurement and verification of targets «Benchmarking» is a legal obligation: Member States «shall» build both «qualitative or quantitative» standards Some quantitative targets and indicators could be harmonized: this must be done by a European regulatory procedure THE WASTE PREVENTION PRINCIPLE (5)

Waste Type & Activity Generation (kg/hab./y)Potential waste reduction(kg/hab./y) 1BIO-WASTE22040 Green scaping9010 Smart gardening Act against food waste3010 Home, community & on-site composting PACKAGING15025 Encouraging refillable/returnable bottles3512 Promoting tap water62 Encouraging reusable bags21 Fight against excess packaging PAPER WASTE10015 Reducing unwanted & unaddressed mail154 Encourage dematerialisation through ICT759 Reducing kitchen, tissue and towel paper102 4BULKY WASTE5212 Promote clothes & other textiles waste prevention154 Promote furniture waste prevention204 Promote WEEE prevention174 5NAPPIES & OTHER WASTE788 Swap to reusable nappies and incontinence pads182 Other municipal waste prevention strategies606 TOTAL Which targets ? THE WASTE PREVENTION PRINCIPLE (6)

EU BENCHMARK -10 (of 90) kg Chester-Street District (Scotland) … meadow areas Cuttings from 35 to 1- 3x:year Province of Vlaams Brabant (Belgium) … slow growing grass 40% less mowing, 50% less clipping EX: BIOWASTE PREVENTION VIA GREEN GARDENING THE WASTE PREVENTION PRINCIPLE (7)

EX: ACT AGAINST FOOD WASTAGE (food = 20-30% of total CO2 emissions) EU BENCHMARK -10 (of 30) kg Oporto Region-Lipor (Portugal) … serving the right portion 20-25kg less per restaurant/day Brussels Region (Belgium) … pilot households 15kg less per inh/year Amiat-Torino (Italy) … collection of bread and fruit in schools More than 1kg/pupil THE WASTE PREVENTION PRINCIPLE (8)

EX: COMPOSTING AT SOURCE (individuals, neighbourhood, green areas) MARTELLAGO-LOMBARDY (Italy) … compost bin distribution and tax break 77kg less per inh/year (GAIA) ASTI PROVINCE (Italy) … pro-compost campaign 85kg less per inh/year MILTON KEYNES (UK) …home composting information campaign 100kg less per hhld/year RENNES METROPOLE (France) … community composting 93kg less per hhld/year Zurich (Switzerland) … community composting parks 100kg less per hhld/year EU BENCHMARK -20 (of 100) kg THE WASTE PREVENTION PRINCIPLE (9)

CountryBottled Water Consumption per Person in Leading Countries, 2004 (in liters) Packaging weight kg/pers/year Italy183.66,1 Belgium & Luxembourg148.04,9 France141.64,7 Spain136.74,6 Germany124.94,2 Switzerland99.63,3 Cyprus92.03,1 Czech Republic87.12,9 Austria82.12,7 Portugal80.32,7 EU BENCHMARK -2 (of 6) kg EX: PACKAGING WASTE PREVENTION VIA TAP WATER PROMOTION Brussels Region (Belgium) … water fountains in schools 40% reduction University of Barcelona (Catalunia-Spain) …gotimplora 10% less plastic dispensers used THE WASTE PREVENTION PRINCIPLE (10)

EX: PAPER WASTE PREVENTION VIA THE REDUCTION OF UNWANTED MAIL EU BENCHMARK -4 (of 15) kg DOGLIANY (ITALY) …no junk mail sticker Less than 4 kg/inh/year SANDWELL (SCOTLAND) …mail preference service 1/3 reduction THE WASTE PREVENTION PRINCIPLE (11)

EX: OFFICE DEMATERIALISATION Brussels Region (Belgium) … pilot program 18% less paper consumption Rhône Department (France) … new printing policy 20% less Kolding (Denmark) …municipal documents dematerialization More than 1kg/pupil London Boroughs (UK) … education campaign in schools 50% less EU BENCHMARK -9 (of 75) kg THE WASTE PREVENTION PRINCIPLE (12)

PARTICIPATE IN THE EUROPEAN WEEK FOR WASTE REDUCTION Engagements labeled as “EWWR actions” through a registration process based on common criteria across Europe Themes include: Too much waste Better production Better consumption A longer life for products Less waste thrown away Organizers include: Andorra-Vlaanderen (BE), Brussels Gewest (BE), Wallonie (BE), Estonia, France, Ireland, Italië, Portugal, Catalonia (ES), Gipuzkoa (ES), Asturias (ES), lles Balears (ES), Valencia (ES), Navarra (ES), Zweden, Greater London (UK), Belfast (UK), Wales (UK), Scotland (UK) and more! THE WASTE PREVENTION PRINCIPLE (13)

Waste Framework Directive (2008/98/EC) Waste Streams Waste Treatment Operations Framework Legislation Landfill Directive (1999/71/EC) Batteries & Accumulators (2006/66/EC) Packaging & Packaging Waste (94/62/EC) End-of-Life Vehicles (2000/53/EC) Electrical & Electronic Equipment (2000/96/EC )) THE WASTE RECYCLING/RECOVERY TARGETS (1) ART 11 Recycling = any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original or other purposes. It includes the reprocessing of organic material but does not include energy recovery and the reprocessing into materials that are to be used as fuels or for backfilling operations.

(Art. 11/DIRECTIVE 2008/98 « By 2020, the preparing for re-use and recycling of: – 50% by weight of at least paper, metal, plastic and glass from household and possibly other origins as far as these waste streams are similar to waste from households; – 70% by weight of non-hazardous construction & demolition waste (… can include transition periods for Member States which, in 2008, recycled less than 5 % of either categories of waste ”) THE WASTE RECYCLING/RECOVERY TARGETS (2)

Check presentation from EC THE WASTE RECYCLING/RECOVERY TARGETS (3)

DirectiveYearRecovery targets Recycling targetsCollection targets Landfill of biodegradable municipal waste 1999/31/EC2006Reduction to 75% of the amount generated in Reduction to 50% of the amount generated in Reduction to 35% of the amount generated in 1995 THE WASTE RECYCLING/RECOVERY TARGETS (4)

DirectiveYearRecovery targets Recycling targets Collection targets Packaging waste1994/62/EC200860%55% End-of-Life Vehicles2000/53/EC200685% incl. Reuse80% incl. reuse100% % incl. Reuse85% incl. reuse100% Waste Electrical and Electronic Equipment (WEEE) 2002/96/EC – 80% (differs acc. to WEEE categories) 50 – 80% incl. reuse (differs acc. to WEEE categories) Min. 4 kg per inhabitant per year Batteries and accumulators 2006/66/EC % % Batteries and accumulators –75% efficiency (differs acc.to battery type) Tyres1999/31/EC2006Zero landfill of tyres THE WASTE RECYCLING/RECOVERY TARGETS (5)

DIRECTIVE 94/62 amended by 2004/12 on «PACKAGING» 55% - 80% including min.: 60% glass 60% paper 50% metal 22,5% plastic 15% wood THE WASTE RECYCLING/RECOVERY TARGETS (6)

LOOK AT LRAS PERFORMANCES THE WASTE RECYCLING/RECOVERY TARGETS (7)

B / ECONOMIC FRAMEWORK

Raw material taxes Eco-taxes Green certificates EPR fees Deposit refunds Waste collection taxes (PAYT) Landfill taxes Life cycle Incineration taxes Tax rebates GLOBAL VIEW OF ECONOMIC INSTRUMENTS Tax rebates Subsidies Subsidies / Financial aids Alternative currency

- property taxes - waste service fees - user-based fees - …PAYT ECONOMICS INSTRUMENTS AT WASTE LEVEL (1)

Cfr Bjuv-Sweden : WEIGHT-BASE FEE (kg/household/year) Waste Collected 302 kg 245 Residual Waste Recycled Waste cfr. Dresden-Germany:BEFORE AND AFTER « PAYT » Total 318 kg 281 Residual Recyclables Source : EUNOMIA /REICHENBACH Cfr. FLANDERS +/-0.60 EUR per grey waste bags ( ) Separate waste +82 to +155 kg/inh/y Residual waste -22 to -140 kg/inh/y PAYT examples: ECONOMICS INSTRUMENTS AT WASTE LEVEL (2)

CountryLandfill Tax (€/t) Incineration Tax (€/t) Landfill Ban Banned Materials / Wastes Austria(87)/ Biodegradability and other criteria Finland Biodegradable and compostable waste Germany2001 Biodegradability and other criteria Ireland30 In consideration 2009 Waste that is not pre-treated Italy / 2007 Biodegradability and other criteria Belgium- Flanders / 2000 Unsorted wastes, sorted and non-sorted wastes for recovery, combustible residual fraction from sorting, combustible wastes Belgium- Wallonia 32004Various ECONOMICS INSTRUMENTS AT WASTE LEVEL (3) Source:EUNOMIA

CountryLandfill Tax Incinera- tion Tax Landfill Ban Denmark Combustible waste France ‘Ultimate Waste Flows’ The Netherlands Various, incl household waste Norway40 Pollutant based From mid-2009Biodegradable waste Sweden43 Varies with energy generation Combustible waste Organic waste Czech Republic161997: Paper, 2004: BMW Estonia82008Unsorted waste Slovakia7.9 Slovenia2001 Spain - Catalonia 105None United Kingdom56 Under consideration by devolved administrations

ECONOMICS INSTRUMENTS AT PRODUCT LEVEL (1) ECOTAXES Examples: Danish and Dutch taxes on packaging based on “environmental impacts” Irish tax on plastic bags French VAT reduction on reuse products and activities Some local German taxes on one-way items

MANDATORY DEPOSIT: examples  Scandinavian systems on packaging  German deposit ( ) on all one way containers for beer, water and soft drinks (except ecologically advantageous packaging) ECONOMICS INSTRUMENTS AT PRODUCT LEVEL (2)

EXTENDED PRODUCER RESPONSIBILITY (EPR) = a policy approach in which a producer’s responsibility for a product is extended to the post-consumer stage of a product’s life cycle (OECD) Objectives: Design of environmentally sound products Integration of environmental costs Improved waste management and recycling ECONOMICS INSTRUMENTS AT PRODUCT LEVEL (3)

Various EPR Schemes (Packaging )(Packaging ) Batteries & accumulatorsBatteries & accumulators End-of-Life vehiclesEnd-of-Life vehicles Electric & electronic equipmentElectric & electronic equipment (Packaging )(Packaging ) Batteries & accumulatorsBatteries & accumulators End-of-Life vehiclesEnd-of-Life vehicles Electric & electronic equipmentElectric & electronic equipment PackagingPackaging Batteries & accumulatorsBatteries & accumulators End-of-life vehiclesEnd-of-life vehicles Electric & electronic equipmentElectric & electronic equipment PaperPaper PharmaceuticalsPharmaceuticals TextilesTextiles TyresTyres Waste oilsWaste oils PesticidesPesticides FurnitureFurniture … PackagingPackaging Batteries & accumulatorsBatteries & accumulators End-of-life vehiclesEnd-of-life vehicles Electric & electronic equipmentElectric & electronic equipment PaperPaper PharmaceuticalsPharmaceuticals TextilesTextiles TyresTyres Waste oilsWaste oils PesticidesPesticides FurnitureFurniture … EU Directives Some Member States ECONOMICS INSTRUMENTS AT PRODUCT LEVEL (4)

Packaging Directive ELV Directive BATTERIES Directive WEE Directive Shared responsibility Ec. Operators have to: - put in place collection schemes - reach quantitative reuse-recycling targets Various EU rules on EPR OR Management of returned products OR Financial responsibility for such activities OR Information about “re-usability” or “recyclability” OR Design of products to reduce their environmental impacts WASTE FRAMEWORK DIRECTIVE Producers have to: - Reach collection targets - Finance information campaigns Producers have to: - Reach (ind. or coll. ) collection targets - Consider waste mgt at the conception phase - Finance household WEEE treatment ECONOMICS INSTRUMENTS AT PRODUCT LEVEL (5)

Evolution of total contributions perceived for regulated EPR streams (except tires) in France, between 1992 and 2015 Emballages > 90% Packaging < 50% From 1,4 Bn collected +/- 700 M redistributed to municipalities (Total costs for MSW +/- 7 Bn) ECONOMICS INSTRUMENTS AT PRODUCT LEVEL (6)

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