EU LEGISLATION ON WASTE
2011- European Commission
WORKSHOP ON EU LEGISLATION
WASTE
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The EU Waste Shipment Regulation
EU LEGISLATION ON WASTE
EU LEGISLATION ON WASTE
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
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.
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EU LEGISLATION ON WASTE
2011- European Commission
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)
EU LEGISLATION ON WASTE
2011- European Commission
Waste shipments (2)
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Source: EEA Report „Waste without borders in the EU“, 2009
EU LEGISLATION ON WASTE
2011- European Commission
Waste shipments (3)
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Source: EEA Report „Waste without borders in the EU“, 2009
EU LEGISLATION ON WASTE
2011- European Commission
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
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
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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).
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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
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EU LEGISLATION ON WASTE
2011- European Commission
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
EU LEGISLATION ON WASTE
2011- European Commission
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
EU LEGISLATION ON WASTE
2011- European Commission
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
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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
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EU LEGISLATION ON WASTE
2011- European Commission
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
EU LEGISLATION ON WASTE
2011- European Commission
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
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)
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EU LEGISLATION ON WASTE
2011- European Commission
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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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.
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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?
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EU LEGISLATION ON WASTE
2011- European Commission
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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