1. EU LEGISLATION ON WASTE 2011- European Commission WORKSHOP ON EU LEGISLATION WASTE © 2010 Microsoft Corporation. All rights reserved. The EU Waste Shipment Regulation EU LEGISLATION ON WASTE

2. 2011- European Commission 2 Outline 1.Introduction: waste management in the EU; facts on waste shipments 2.International and European law on waste shipments 3.Scope, legal basis and structure of Regulation (EC) No 1013/2006 4.The new control system: prohibition, notification or information 5.The system of annexes and waste lists 6.Objections to shipments of waste 7.Other key instruments 8.Export of green-listed waste for recovery 9.Implementation problems and current points of discussion 10. How to get more information

3. EU LEGISLATION ON WASTE 2011- European Commission Introduction: waste management in the EU Almost all waste for disposal is disposed of within the EU. Differing recycling quotas: 50% and more in Central Europe, less than 10% in most new Member States (2005). Waste incineration (with or without energy recovery) in Central Europe and Scandinavia; landfilling dominant in new Member States, UK, Ireland, Greece and Italy. Quadrupling of notified waste streams within EU 1997-2005, mostly for recovery: recycling economy. Multiplication of waste paper, plastics and scrap exports 1998-2008, mostly to Asia. Most used electronic goods + cars from EU probably end up in Africa + Asia. 3

4. EU LEGISLATION ON WASTE 2011- European Commission Waste shipments (1) 4 Shipments of notified waste from EU Member States to other EU and non-EU countries, 1997-2005 (Source: EEA Report Waste without borders in the EU?, 2009)

5. EU LEGISLATION ON WASTE 2011- European Commission Waste shipments (2) 5 Source: EEA Report Waste without borders in the EU, 2009

6. EU LEGISLATION ON WASTE 2011- European Commission Waste shipments (3) 6 Source: EEA Report Waste without borders in the EU, 2009

7. EU LEGISLATION ON WASTE 2011- European Commission International and European law on waste shipments 7 UNEP OECD EU Basel Convention Decision C(2001)107 Final Reg. (EC) 1013/2006 Reg. (EC) 1418/2007

8. EU LEGISLATION ON WASTE 2011- European Commission Structure of Regulation (EC) No. 1013/2006 Title I (Art. 1-2): Scope and definitions Title II (Art. 3-32): Shipments within the EU Title III (Art. 33): Internal shipments in Member States Title IV (Art. 34-40): Exports from EU to third countries Title V (Art. 41-46): Imports into the EU Title VI (Art. 47-48): Transit Title VII (Art. 49-64): Other provisions 8

9. EU LEGISLATION ON WASTE 2011- European Commission Scope and legal basis Scope Shipments between Member States, export from EU, import, transit; not within a Member State! Except waste under special rules: ship-generated waste, on board vehicles, radioactive w., animal by-products etc. (Art. 1(3) WSR) Legal basis EP and Council: Art. 175(1) EC only (= now Art. 192 TFEU). Challenged by Commission: dual basis (Art. 175 and 133 EC). ECJ of 8.9.2009 (C-411/06): action dismissed; aim environmental not commercial, unlike Reg. 304/2003 (cases C-94/03, 178/03). 9

10. EU LEGISLATION ON WASTE 2011- European Commission The new control system: Prohibition, notification or information Basel Ban since 1998: no export of hazardous waste (+ waste for disposal) to non-OECD countries; Art. 36 WSR Notification procedure for shipments of hazardous waste, waste for disposal + certain other wastes in EU/OECD + of green waste to others (where so provided); Art. 3(1), 4, 37, 38 WSR Information requirements for other green waste; Art. 3(2), 18 WSR 10

11. EU LEGISLATION ON WASTE 2011- European Commission Notification procedure (1) 11 Notifier Competent Authority (CA) of dispatch applies for consent + submits notification + movement documents, contract, financial guarantee … assesses sufficiency + forwards documents within 3 days and informs notifier CA of destination CA of transit Original notification copy - if not sufficient, demands completion

12. EU LEGISLATION ON WASTE 2011- European Commission Notification procedure (2) 12 assesses notification + decides within 30 days: - written consent with or without conditions - objections no objection of CA of transit = tacit consent CA CA of destination CA of transit Notifier requests additional info or acknowledges notification within 3 days, informs other CAs CA of dispatch supplies additional info

13. EU LEGISLATION ON WASTE 2011- European Commission Information procedure (Art. 18 WSR) 13 Waste shipment to be accompanied by Annex VII document Contract Person who arranges the shipment signs Recovery facility / consignee CA may inspect +

14. EU LEGISLATION ON WASTE 2011- European Commission The system of annexes and waste lists Annexes IA + IB: Notification document, movement document Annex IC: Specific instructions for completing the documents Annex II: Information + documentation related to notification Annex III: Green-listed waste (subject only to info requirements) Annex IIIA: Green waste mixtures (pending Basel decision) Annex IV: Amber-listed waste (subject to notification) Annex V: Basel lists (export prohibition yes or no) + European Waste List Annex VI: Form for pre-consented facilities Annex VII: Information document accompanying green waste shipments Annex VIII: Guidelines on environmentally sound management Annex IX: Additional questionnaire for Member State reports 14

15. EU LEGISLATION ON WASTE 2011- European Commission Objections to shipments of waste - Grounds for objection (1) 15 Shipments for disposal (Art. 11) Principles of proximity, priority for recovery and self-sufficiency National legislation on environmental protection, public order/safety, health protection (related to actions in objecting country) Bad record of notifier/consignee Import ban for hazardous waste under Basel Convention Conflict with international conventions Violation of Directive 2006/12/EC (e.g. waste management plan) Failure to apply best available techniques (IPPC Directive) Violation of binding EU environmental protection standards Mixed municipal waste from private households

16. EU LEGISLATION ON WASTE 2011- European Commission Grounds for objection (2) 16 Shipments for recovery (Art. 12) Violation of Directive 2006/12/EC (e.g. waste management plan) National legislation on environmental protection, public order/safety, health protection (related to actions in objecting country) Lower treatment standards at destination (unless EU legislation etc) Bad record of notifier/consignee Conflict with international conventions Doubtfulness of recovery (ratio of recoverable waste etc.) Failure to apply best available techniques (IPPC Directive) Violation of binding EU environmental protection standards / recycling obligations

17. EU LEGISLATION ON WASTE 2011- European Commission Other key instruments Simplified arrangements: General notification for several shipments (Art. 13) Pre-consented recovery facilities (Art. 14) Border-area agreements (Art. 30) Enforcement tools: Financial guarantee (Art. 6) Take-back obligations (Art. 22-25) Effective, proportionate + dissuasive penalties for infringements (Art. 50.1) Inspections of establishments, spot checks on shipments (Art. 50.2-4) Duties of cooperation + information; correspondents, focal points, designated authorities (Art. 50-57) 17

18. EU LEGISLATION ON WASTE 2011- European Commission Exports of green-listed wastes for recovery To OECD-Decision countries (Art. 38): Information requirements apply mutatis mutandis. Notification procedure for shipments of waste mixtures for interim operations, if subsequent operations take place in non-OECD states To non-OECD Decision countries (Art. 36, 37): Commission has asked non-OECD countries about their import rules. Answers incorporated in Regulation (EC) No 1418/2007 as amended. 4 alternatives: (a) prohibition, (b) prior written notification and consent, (c) no control, (d) other control procedures under national law For (c) and (d) EU information requirements apply mutatis mutandis. 18

19. EU LEGISLATION ON WASTE 2011- European Commission Implementation problems and current points of discussion Illegal or dubious shipments to Africa and Asia, also due to difficult distinction waste/non-waste for electrical goods + vehicles (When does waste begin to be waste?). Very different control standards in the Member States – distortion of competition. Lower standards objections vs. free trade / internal market. Bureaucratic information procedure; confidentiality problem with Annex VII document. Need of a business address for notifiers in the state of dispatch. Responsibility for take-back and costs in certain cases. 19

20. EU LEGISLATION ON WASTE 2011- European Commission Measures to improve implementation Action Plan of the Commission (to be adopted) Better cooperation: IMPEL-TFS, regular high-level meetings Correspondents Guidelines Awareness-raising events Infringement proceedings as last resort Binding criteria for waste shipment inspections? EU implementation agency for waste shipments? 20

21. EU LEGISLATION ON WASTE 2011- European Commission How to get more information Internet links EU Commission: http://ec.europa.eu/environment/waste/shipments/http://ec.europa.eu/environment/waste/shipments/ FAQ on the EU Waste Shipment Regulation: http://ec.europa.eu/environment/waste/shipments/pdf/faq.pdf http://ec.europa.eu/environment/waste/shipments/pdf/faq.pdf Commission reports on implementation of the WSR; feasibility study on EU waste implementation agency: http://ec.europa.eu/environment/waste/shipments/reports.htm http://ec.europa.eu/environment/waste/pdf/report_waste_dec09.pdf http://ec.europa.eu/environment/waste/shipments/reports.htm http://ec.europa.eu/environment/waste/pdf/report_waste_dec09.pdf Secretariat of the Basel Convention: http://www.basel.int/http://www.basel.int/ IMPEL-TFS: http://impeltfs.eu/http://impeltfs.eu/ 21