EU-Legislation on waste

The relevant legislation can be downloaded from the following table and are summarized below.

New Waste Framework Dir. (EN) (Dir. 2008/98/EC )	Other languages	Directive on packaging and packaging waste (EN) (Directive 94/62/EC )	Other languages
Old Waste Framework Dir. (EN) (2006/12/EC repealed by 12.12.10)	Other languages	Hazardous Waste Dir. (EN) (Dir. 91/689/EC repealed by 12.12.10)	Other languages

Directive 2008/98/EC on waste

The new Waste Framework Directive (2008/98/EC) shall be transposed by MS until 12 December 2010, repealing the old Framework Directive (Directive 2006/12/EC) and incorporating and repealing the Hazardous Waste Directive (Directive 91/689/EEC) and the Waste Oil Directive (Directive 75/439/EEC).

The new Framework Directive contains a number of important novelties and new requirements which will be essential for waste management planning in all Member States. It requires more stringent waste reduction and waste prevention efforts. Member States must ensure that waste is recovered or disposed of without endangering human health and the environment and that the waste amount disposed of is reduced to a minimum by kind of measures and effective tools to minimise waste generation. Further principles of the revised Directive are re-use, recycling and recovery which shall be promoted and adopted whenever suitable in order to safe resources and to reduce the amount of waste.

Amongst other issues, the new WFD provides a further clarification and differentiation of the waste hierarchy, introduces new definitions such as the end-of-waste status and by-products, further specifies the classification of treatment operations (R1) and changes requirements for the preparation of waste management plans. The Directive encourages waste reduction and gives a new dimension to prevention as MS are obliged to draw up and implement waste prevention programmes not later than 2013. The producer responsibility is extended in order to strengthen the re-use, prevention as well as recycling and other recovery of waste. In addition, the Directive sets out more stringent provisions for authorisation and registration as well as new recycling targets which have to be achieved by 2020.

The New Waste Hierarchy expands the three-stage-hierarchy of waste management options to a five-stage-hierarchy. It prioritises prevention over reuse, preparation for re-use and recovery with disposal as the last option. Life-cycle thinking is a new aspect explicitly introduced into the hierarchy.



New Waste Hierarchy        

• Re-use is defined as any operation by that products or product components which are not waste are used again. This may be for the same purpose for which they were conceptualised.

• The “preparing for re-use” includes checking, cleaning or repairing recovery operations of products or product components in order to re-use them without further pre-processing.

• Recycling is any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original or other purposes. Recycling includes composting (reprocessing of organic material). It neither includes Energy Recovery nor the reprocessing into materials to be used as fuels or for backfilling.

• Recovery comprises any operation of which the principal result is waste serving a useful purpose by replacing other materials that would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or “in the wider economy”. This definition allows classification of MSW incinerators as recovery operations if they meet certain efficiency criteria defined by this Directive.

• Disposal means any operation that is not recovery, e.g. deposit into or on to land (e.g. landfill, etc.), permanent storage (e.g. emplacement of containers in a mine, etc.), incineration etc.

The new Definitions for end-of-waste status and by-product aim at clarifying the definition of waste and product and at responding to the needs of a increasing secondary production sector and recovery market.

• Waste: The definition of waste continues to base on the concept of “discarding” and remained unchanged. Waste means any substance or object, which the holder discards or intends or is required to discard. However, the definition of waste has been complemented and clarified by the definitions of end-of-waste status and the status of by-product.

• End-of-Waste (EoW): the new Directive contains specifications and precise criteria, to determine when certain waste ceases to be waste. The “end-of-waste” criteria– including effective recycling or recovery standards –define at which point of treatment a waste can be regarded as (secondary) product again. A by-Products, Is a substance or object directly resulting from a production process of which the primary aim is not the production of that item. It has to be an integral part of the production process. A by-product may be regarded as not being waste if further and environmentally safe use of the substance or object is certain and if it can be used directly without any further processing.

The Classification of thermal waste treatment as either recovery (R1) or as disposal operation is further clarified and specified by introduction of criteria for energy-efficiency and the elaboration of a related calculation method

Waste management planning is the cornerstone of any national, regional or local policy on waste management. The establishment of a plan allows balancing the existing situation, to define the objectives that need to be met in the future, to express appropriate strategies and identify the necessary implementation means. Waste management planning is already an integral part of the current EU waste legislation and will play an important role also in future. The drawing up of waste management plans is required by the Waste Framework Directive, the Hazardous Waste Directive and the Packaging and Packaging Waste Directive.

Waste management planningis further specified and determined in the new WFD. In comparison with previous legislation the new Directive enhances recovery and evaluation of compliance with EU objectives and policies (figure below).



WFD Provision on Waste Management Plans (Art. 28)        

In addition, the new directive clarifies in far more detail than before, the mandatory and voluntary elements to be contained in a waste management plan, and sets a stronger focus on transboundary waste shipment, the need for new collection schemes and location criteria for installation, as illustrated in the figure below.



Mandatory elements "to be contained at least"        

In particular, the WFD has more detailed requirements on WMPs and emphasizes public participation (Art. 31). The new key requirements address waste prevention programs and furthermore (a) recovery facilities and their location, (b) uncontrolled dumpsites, (c) a regular review of national WMPs every 6 years, (d) an appointment of authorities and (e) reference to Strategic Environmental Assessment (SEA).

National waste management plans shall comply with the waste planning requirements as set out in Art. 14 of Directive 94/62/EC and the implementation strategy to reduce the biodegradable waste going to landfills, referred to in Art. 5 of Directive 1999/31/EC.



The new WFD outlines as well additional possibilities which may be incorporated in WMPs as voluntary elements (see figure below). The evaluation of the usefulness and suitability of economic instruments and information about awareness raising campaigns, are the issues that are more detailed and emphasized in the new Directive.



Voluntary elements "that may be contained"        

(for current requirements, see Directive 2006/12/EC)

Waste prevention programmes have to be established by Member States not later than 12.12.2013. This can be done by a combination of several strategies. Especially mentioned is the development of clean technologies, eco-labels, environmental management systems, information, training and awareness raising and incentives, voluntary agreements, public and corporate procurement or promotion of reuse and/or repair. Prevention programmes include appropriate measures to promote high quality recycling by separate collections of waste. A focus is put on paper, metal, plastic and glass and on C&D waste for which deadlines and targets are set. The programmes shall set out objectives, include a description of the existing prevention measures and evaluate the usefulness of measures. In addition Member States shall determine appropriate benchmarks in order to monitor and assess the progress of the measures and may determine specific qualitative or quantitative targets and indicators for the same purpose.

The extended producer responsibility may be established on a national level by taking legislative and non-legislative measures which include e.g. an acceptance of returned products and of the waste which remains after using the products, producer organised waste management and financial responsibility for such activities, encouragement to eco-design and reduction of the environmental impact and waste generation of products etc. However, the application of the extended producer responsibility shall consider inter alia technical feasibility and economic viability.

The new authorisation and registration provisions define that waste treatment installations will need a permit for their activities including at least

• the types and quantity of waste that may be treated;

• for each type of operation permitted, the technical and any other requirements relevant to the site concerned;

• the safety and precautionary measures to be taken;

• the method to be used for each type of operation;

• such monitoring and control operations as may be necessary;

• such closure and after-care provisions as may be necessary.

National competent authorities have to keep a register for: (a) Professional waste collectors, transporters, (b) dealers or brokers; and (c) installations/establishments exempted from permit requirements as set out by Art. 23-26.

The new recycling targets, which have to be achieved by 2020, request all MS to prepare for re-use and recycling a minimum of 50% (by weight) of at least paper, metal, plastic and glass from household and possible other origins. Furthermore, 70% (by weight) of non-hazardous construction and demolition waste shall be re-used and recycled.

Directive 91/689/EEC on hazardous waste

The Directive on hazardous waste singles out specific waste materials as a consequence of their hazardous nature and potential impact upon health and the environment due to:

• Describing categories or generic types of waste (Annex I) which are classified as hazardous
• Listing constitutes of waste (Annex II) which are classified as hazardous
• Describing properties of waste (Annex III) which are classified as hazardous

Beside the Directive sets licensing requirements for handling and treatment of hazardous waste.
Regarding the waste management planning Article 6 of Directive 91/689/EEC on hazardous waste requires, that the competent authority shall

• draw up, either separately or in the framework of their general waste management plans, plans for the management of hazardous waste and
• shall make these plans public.

Directive 91/689/EEC will be repealed with effect from 12 December 2010. Its purpose will be fulfilled by the new Waste Framework Directive 2008/98/EC

 

Directive 94/62/EC on packaging and packaging waste

Obligatory elements of waste management plans also arise from Article 14 of Directive 94/62/EC on packaging and packaging waste. In this context a specific chapter on the management of packaging and packaging waste shall be included into the waste management plan.

• plans for the management of hazardous waste (or the establishment of separate hazardous waste management plans),
• a specific chapter on the management of packaging and packaging waste

Directive 2006/12/EC on waste

The old Waste Framework Directive

• defines waste
• specifies the scope
• introduces the principles of the waste hierarchy, proximity principle and self sufficiency
• sets out a framework for the coordinated management of waste within the community
• sets out the basis for sustainable waste management.

The Waste Framework Directive requires that Member States

• ensure that waste is recovered or disposed of without endangering human health and the environment
• take the necessary measures to prohibit the abandonment, dumping or uncontrolled disposal of waste

Holders of waste must

• ensure the disposal or recovery of their waste themselves in accordance with the provisions of the Directive or
• have it handled by an authorised collection-, disposal- or recovery undertakin.

Article 7 of the Waste Framework Directive includes mandatory and non-binding elements for waste management plans. Mandatory are the information about type, quantity and origin of waste to be recovered or disposed of.

Any establishment or undertaking carrying out waste disposal or recovery operations must have a permit and be inspected at regular intervals by the authorities.

Directive 2006/12/EC will be repealed with effect from 12 December 2010 by the new Waste Framework Directive 2008/98/EC.