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

EU LEGISLATION ON WASTE

2011- European Commission

WORKSHOP ON EU LEGISLATION

WASTE

© 2010 Microsoft Corporation. All rights reserved.

The EU Waste Shipment Regulation



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



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.

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Waste shipments (1)

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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)



Waste shipments (2)

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Source: EEA Report „Waste without borders in the EU“, 2009



Waste shipments (3)

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Source: EEA Report „Waste without borders in the EU“, 2009



International and European law on waste shipments

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UNEP OECD EU

Basel Convention

Decision C(2001)107

Final Reg. (EC)1013/2006

Reg. (EC) 1418/2007



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

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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).

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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

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Notification procedure (1)

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NotifierCompetent 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



Notification procedure (2)

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assesses notification + decides within 30 days:

- written consent with or without conditions

- objections

no objection of CA of transit = tacit consent

CA CA CACA of destination

CA of transit

Notifier

requests additional info or acknowledges notification within 3 days, informs other CAs

CA of dispatch

supplies additional info



Information procedure (Art. 18 WSR)

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Waste shipmentto be accompanied by

Annex VII document

Contract

Person who arranges the

shipmentsigns

Recovery facility / consignee

CA CA CA

may inspect

+



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

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Objections to shipments of waste - Grounds for objection (1)

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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



Grounds for objection (2)

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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



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)

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Exports of green-listed wastes for recoveryTo 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.

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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.

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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?

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How to get more information

Internet links• EU Commission: http://ec.europa.eu/environment/waste/shipments/• FAQ on the EU Waste Shipment Regulation:

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

• Secretariat of the Basel Convention: http://www.basel.int/ • IMPEL-TFS: http://impeltfs.eu/

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Documents

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