Update on latest developments in EU waste policies IMPEL Waste and TFS Conference 16-17 October 2019, Bucharest, Romania Waste Management & Secondary Materials, DG Environment, European Commission
• Evaluation Waste shipment regulation (EC) No 1013/2006 • Ongoing Eu waste policy developments – Waste Framework Directive – Plastics and Packaging – WEEE – RoHS – Batteries – ELV – Ship Recycling 2
Evaluation Waste shipment regulation (EC) No 1013/2006 Waste Management & Secondary Materials, DG Environment, European Commission
Key objectives and scope of the WSR Dual objective: • To ensure protection of the environment in relation to shipments of waste and, • To ensure that the EU meets its commitments under multilateral environmental agreements (Basel Convention and OECD Decision C(2001)107 and, thereby, encouraging other countries to also ensure protection of the environment when undertaking shipments of waste Regulation (EC) No 1013/2006 applies to shipments of waste: • Between EU countries within the EU or transiting via non-EU countries; • Imported into the EU from non-EU countries; • Exported from the EU to non-EU countries; • In transit through the EU, on the way from or to non-EU countries. Some wastes are excluded from the scope (EU flagged ships, radioactive waste, animal by products to some extend, and others)
Control procedures There are two control procedures for the shipment of waste, namely: • the general information requirements of Article 18, which is normally applicable to shipments for recovery of wastes, listed in Annex III (‘green’ listed wastes - non-hazardous, such as paper or plastics) or IIIA; and • the procedure of prior written notification and consent for other types of shipments of wastes, including: – shipments of all wastes for disposal ; and – shipments for recovery of wastes listed in Annex IV (‘amber’ listed wastes containing both hazardous and non-hazardous parts) or waste and mixtures of waste not classified under one single entry.
Review 2020 • Review clause art. 60(2a): CION to carry out, by 31 December 2020 a review of this Regulation and submit a report on the results thereof to the EP and to the Council, accompanied, if appropriate, by a legislative proposal. • First step: evaluation roadmap: published in January 2017. • Study to support the evaluation: commissioned to consortium led by Trinomics; initiated in April 2017, finalised in May 2019. • Study included literature review and consultation strategy: 2 workshops, online public consultation from 30 January 2018 until 27 April 2018, targeted surveys and interviews.
Evaluation • Evaluation criteria: – Effectiveness – Efficiency – Relevance – Coherence – Eu added value • Robustness of the findings: challenge with: – Data constraints (differences in reporting, inconsistent data, limited data on costs) – Linking the Regulation with trends in waste shipments – Most recent amendments hard to evaluate
Draft Commission report • Overall findings – conclusions – WSR delivered on its environmental objectives and to implement the EU’s international commitments – implementation and application dissimilar across Member States (inspections, interpretation of provisions, costs related to implementation) – Illegal shipments – Administrative burden ((paper-based) procedures, delays in permitting and linked to enforcement) – Hampered functioning of EU internal market for secondary raw materials in light of the transition to a more circular economy
Review 2020 – inspection plans • Impact assessment process initiated by end 2019 – Unique opportunity for IMPEL and enforcement agencies to put forward their views on what elements in the WSR should be reinforced or amended! • Most recent amendments to the WSR were mainly related to enforcement (art. 50: inspection plans, reversal of burden of proof) Inputs on experiences with these elements and suggestions how to improve are most welcome! • Look out for public consultation (foreseen Spring 2020) – Don’t hesitate to contact us!
EU waste policy: ongoing developments Waste Management & Secondary Materials, DG Environment, European Commission
The 2018 Revision of EU Waste Legislation Gradual progress to 65% recycling and 10% • landfilling of municipal waste by 2035 70% recycling of packaging waste by 2030 • + interim & material-specific targets New calculation rules : only input to recycling • + traceability + broadly equivalent conditions in 3 rd countries Rules on Extended Producer Responsibility • & economic instruments New provisions on waste prevention • New provisions on hazardous waste , including • mandatory electronic registries Future-oriented agenda : reviews on waste • oils (2022), food waste (2023), and broader industrial & commercial waste streams (2024)
Discussions on control of plastic waste at Basel CoP14 • Initial proposal by Norway, supported by the EU: putting hazardous plastic waste, as well as plastic waste difficult to recycle, under the control mechanisms of the Basel Convention (via inclusion of different categories of plastic waste into the relevant Annexes of the Convention) • Broad support from Asian and African regions, opposition from US (but not a Party) • Discussions on the types of plastic wastes to be covered by the control mechanisms, especially on mixtures of plastic waste, as well as on the difficulty to implement the new measures
Outcome: a new regime for controlling global trade in plastic wastes • The CoP decided by consensus to subject large categories of plastic waste to the control mechanisms of the Basel Convention (prior informed consent) • Plastic wastes excluded from these obligations are those destined for recycling and which are, due to their composition, easy to recycle. • New amendments enter into force on January 1st 2021 • Establishment of a Plastic Waste Partnership • Update old technical guidelines on plastic wastes
Next Steps • For trade with non-OECD countries: EU rules will lead to a ban on export of plastic waste subject to the control mechanisms of the Basel Convention – while import into the EU remains permitted • OECD legally-binding Decision regulates transboundary movements of waste within the OECD • Changes to Annexes of the Basel Convention are normally automatically incorporated into the OECD Decision, but this time the US objected to such inclusion • As a result, OECD members are currently discussing which regime should apply within the OECD in relation trade in plastic wastes between OECD countries. • Task team: 1st meeting 19-20 Sept in Paris; next meeting in December; WPRPW to conclude in February 2020
OECD Context • 13 non- EU OECD countries • Turkey experienced a 700% percentage increase in EU plastic waste imports between 2016 and 2018 • EU export to OECD countries represent 20% of total export outside the EU (2018) and is expected to increase further • Inputs/information from your side very welcome, also related to shifts in export destinations in general!
Directive on Single Use Plastic Directive EU 2019/904 on the reduction of the impact of certain plastic products on the environment Commission Implementing work: 2 sets of Guidelines: What is to be considered a single use plastic product (art. 12): definitions, criteria of product categories (July 2020) Guidelines on EPR: criteria on costs of litter clean up (art. 8) 2 standards : - (1) tethered caps and lids, art. 6(plastic bottles); (2) circularity of fishing gear, art. 8(9) 9 Implementing acts: 4 by July 2020 (marking, separate collection target calculation and reporting, reporting of fishing gear and waste collected) 2 by January 2021 (measuring consumption reduction, reporting consumption reduction) 3 by January 2022 (measuring and reporting on recycled content, reporting of post consumption waste tobacco products) 16
Packaging and Packaging Waste Directive (PPWD) (94/62/EC) Essential requirements review • By 31 December 2020, the Commission shall “ examine the feasibility of reinforcing the ER with a view to, inter alia, improving design for reuse and promoting high quality recycling, as well as strengthening their enforcement ”. • 2014 (Waste Stream Directives) Fitness Check Conclusions on this matter: – ER are formulated in a very general manner => poor enforcement => have failed to unfold their full potential – ER do not adequately address prevention and integrate eco-design principles • Next steps: – December 2019: Final report of ongoing study. – In 2020: impact assessment study regarding options for ER reinforcement. IA preparation will involve open public consultation. – Commission to submit a report to EP & Council and, if appropriate, legislative proposal. 17
WEEE • Study on the Quality Standards for the Treatment of WEEE currently underway: part of Commission’s preparatory work to consider a possible implementing act on minimum quality standards for the treatment of WEEE – 6 seminars to be organised: Greece (11/7) Germany (25/7) The Netherlands with input from Belgium as well (09/9) Spain (19/9) Sweden (26/9) Czech Republic (04/10) • Recent IMPEL reports related to WEEE were shared with the WEEE national experts, who were invited to make use of them and inform of any follow-up actions.
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