The Waste Framework Directive (WFD) Amendment 2008/98/EC: what is new? Andrea Sander (Ministry for Rural Development, Environment and Consumer Protection of the State (“Land”) - of Brandenburg/Germany)

Structure of this presentation Objectives for the revision of WFD 2006/12/EC What is new with the WFD 2008/98/EC amendments? Some experiences of a German State (Land Brandenburg) with the existing WFD 2

3 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

4 The New WFD 2008/98/EC – and its predecessors The new Framework Directive on Waste 2008/98/EC replaces the following Directives (12 Dec. 2010): -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

5 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)

6 The amended WFD 2008/98/EC: Modified Waste Hierarchy (Art. 4) Modified Waste hierarchy: Prevention recovery: - preparing for re-use - recycling - other recovery, e.g. energy recovery disposal Applying the hierarchy (best overall environmental outcome): transparent process for the development of waste legislation environmental protection principles of precaution and sustainability, technical feasibility and economic viability, protection of resources and overall environmental, human health, economic and social impacts

7 The amended WFD (2008/98/EC): Obligations of the holders of waste, undertakings and public supervision - Extended producer responsibility (Art. 8) -Holders of waste: recovery (re-use and recycling) and disposal in an environmentally sound way (Art. 10, 11, 12) -> High quality recycling (Art. 11): *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 -Permitting of waste treatment (Art ), specification: types and quantities of waste, technical requirements, etc. new: monitoring, closure and after-care provisions -Registration requirements for: establishments collecting or transporting waste, dealers, brokers (Art. 26) -> Periodic inspections by competent authorities for establishments carrying out these waste operations (Art. 34)

8 The amended WFD (2008/98/EC): Information on technical requirements for permits Information on technical requirements for permits: -Minimum standards for treatment activities may be set on the basis of the WFD 2008/98/EC (Art. 27) -Directive on the landfill of waste – 1999/31/EC (Art. 9, Annexes) -Best available techniques according to the Reference Documents of the Sevilla process (Directive on Integrated Pollution and Prevention Control – 2008/1/EC)

9 The amended WFD 2008/98/EC: Obligations of the MS: principle of proximity and self-sufficiency (Art. 16) Obligations of the Member States: Integrated and adequate network of disposal installations and of installations for the recovery of mixed municipal waste collected from private households (including where such collection also covers such waste from other producers) -> taking into account best available techniques (BAT) - enabling to become self-sufficient in waste disposal in one of the nearest appropriate installations (Art. 16)

10 The amended 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 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 Information on the location criteria for site identification and on the capacity of future disposal or major recovery installations (mixed municipal waste) 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)

11 The amended WFD 2008/98/EC - waste prevention programmes and reporting of the Commission Waste prevention programmes of the Member States (Art. 29, Ann. IV): -Measures that can affect the framework conditions related to the generation of waste (planning measures, economic instruments promoting efficient use of resources, -Measures that can affect the design and production and distribution phase -Measures that can affect the consumption and use phase 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

12 Requirements on particular wastes (waste oils, hazardous waste and bio-wastes) Waste Oils (Art. 21): Collection and environmentally sound disposal of waste oils is still required (Dir. 75/438/EEC) Hazardous Waste (Art. 17 – 20): Ban on the mixing of hazardous waste and labeling requirements for hazardous wastes (Dir. 91/689/EEC) Bio-Waste (Art. 22): Member States are encouraged to undertake separate collection (composting and digesting of bio-waste), environmentally high level treatment of bio-waste, use of environmentally safe materials produced from bio-waste. Assessment of the European Commission with a view to submitting a proposal.

13 Specifications on the term of Waste I: Exclusion from the scope (contaminated soil), by-products and end-of-waste Status Exclusion from the scope: ‘land (in situ) including unexcavated contaminated soil and buildings permanently connected with land’ (Art. 2) By-products: 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!) if certain conditions are met (Art. 5) End-of-Waste status : Criteria can be set on the Community level for waste that ceases to be waste after undergoing a recovery process and complying with certain conditions (Art. 6)

14 Amended WFD and reporting requirements of the Member States Information on waste management plans and on waste prevention programmes (Art. 31), format to be adopted Information on the transposition of the main provisions (Art. 40 par. 2) Sectoral reports of the Member States in an electronic form every three years (Art. 37 par. 1)

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 15

Experiences with the implementation of the Waste Framework Directive: strong public waste authorities needed 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) -Responsible for the collection, recovery and recycling of non-hazardous waste (part. mixed household waste) Authority for hazardous wastes (“Sonderabfallgesellschaft Brandenburg/Berlin”): monitoring and control of hazardous waste streams 16

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 17

Experiences with the WFD: Waste management planning is crucial (State of Brandenburg) Communal level: waste balances of the previous year (every year) and -communal waste management concepts for the upcoming 10 years, every 5 years to be updated State wide level (Land Brandenburg): -waste management plans – on hazardous and non-hazardous wastes for the upcoming 10 years – and have to be revised every 5 years 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 18

Information on Waste needed for different reasons -Waste management planning (Art. 28 new WFD) -Regulation – EC - No 2150/2002 of 25 November 2002 on waste statistics -Regulation (EC) No 166/2006 concerning the establishment of a European Pollutant Release and Transfer Register

Information systems in the State of Brandenburg -ASYS (German-wide electronic waste information system): data collection on hazardous waste - permits, waste installations and disposal sites etc.) -AIS-I (“Anlageninformationssystem Immissionsschutz”: voluntary internal electronic information system on all industrial installations of a few States, like Brandenburg, Hessen, Mecklenburg-Vorpommern, Niedersachsen, Sachsen, Schleswig-Holstein, Thüringen)

21 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