Waste Management Legislation In EU

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Waste Management Legislation In EU

• Gunnel Klingberg
• legal adviser
• RVF - Swedish Association of Waste Management
• Prostgatan 2
• S - 211 25 Malmö, Sweden
• www.rvf.se
• phone [phone]
• fax [phone]

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Swedish Association of Waste Management

• 400 members 280 municipalities, municipal
  owned companies 120 private companies
• Activities lobbying, experience exchange
  education, information R D, membership
  service
• Office in Malmö since 1947 - 16 employees
• Economy turnover 3,2 million /a

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European Waste legislation

• Directives on
• waste and hazardous waste
• landfill, incineration of waste and on the
  disposal of waste oils
• packaging and packaging waste and batteries and
  accumulators containing certain dangerous
  substances
• Regulations on
• the supervision and control of shipments of waste
  within, into and out of the EC
• concerning health rules concerning animal
  by-products not intended for human consumption
• waste statistics
• among many, many other...

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Definition of WASTE

• Council Directive 75/442/EEC of 15 July 1975 on
  waste(Waste Framework directive), last amended
  ..
• Article 1 Waste shall mean any substance or
  object in the categories set out in Annex I which
  the holder discards or intends or is required to
  discard.The Commission, acting in accordance
  with the procedure laid down in Article 18, will
  draw up, no later than 1 April 1993, a list of
  wastes belonging to the categories listed in
  Annex I. This list will be periodically reviewed
  and, if necessary, revised by the same
  procedure.
• Last waste list by Commission Decision
  2000/532/EC (amended through decision 2001/118/EC
  )

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ECJ on the definition of Waste

• The European Court of Justice has in a number of
  cases further defined waste. Brief summary
• A wide definition individual assessments in
  regarding the intention of the waste holder to
  discard.
• To discard is difficult to define, includes
  also the intention to discard.
• Waste includes materials with financial value.
• Waste includes materials in storage, irrelevant
  of where.
• Chemical composition or risk for the environment
  irrelevant for waste definition.
• Material immediately or continuously returned
  to a production or treatment process as an
  integrated part of the process can be
  considered outside of the waste definition.

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European Union Legislation

• Community law an independent legal system
• Takes precedence over national legislation
• Primary Legislation
• Secondary Legislation
• Regulations
• Directives
• Decisions
• Recommendations, Opinions
• Case-law

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European Legislative decision-makers

• The Council of the European Union
• The European Commission
• The European Parliament
• Consultative bodies
• Economic and Social Committee
• Committee of the Regions
• European Court of Justice

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Directive 75/442/EEC on waste

• Council Directive 75/442/EEC on waste of 15 July
  1975 (framework directive)
• Definitions of waste, producer, holder,
  management, disposal, recovery and collection
• Exempts gases to the atmosphere, radioactive
  waste, mining waste, animal and agricultural
  waste, waste waters (special legislation)
• Objectives for Member States to ensure prevention
  or reduction of waste production and its
  harmfulness, clean technologies, recovery, use
  waste as a source of energy, treatment without
  risk to environment, competent authorities for
  waste management plans, permits, periodic
  inspections, the polluter pays principle etc.
• Member States shall ensure that the holder of
  waste has it handled by a public or private waste
  collector or recovered/disposed of in accordance
  with the directive.

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Council Directive 91/689/EEC of 12 December on
hazardous waste

• Defines and identifies hazardous waste through
  combined waste list () or through properties of
  the waste.
• Minimum requirements for handling,
  identification, recording, packaging, storage,
  transportation etc.
• Definitions and basic requirements in framework
  directive applicable
• Supplemented by other directives regulating
  specific hazardous wastes.
• Annex I - Categories or generic types of
  hazardous wasteAnnex II - Constituents of wastes
  in Annex IBAnnex III - Properties if wastes
  which render them hazardous (with
  test methods)

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European Waste legislation

• Directives
• 75/442/EEC on waste
• 75/439/EEC on the disposal of Waste Oils
• 91/689/EEC on hazardous waste
• 91/156 on batteries and accumulators containing
  certain dangerous substances
• 94/62 on packaging and packaging waste
• 99/31/EC on landfill of waste
• 2000/76/EC on incineration of waste
• 2000/53/EC on End-of- Life Vehicles
• 2002/96/EC on waste electrical and electronic
  equipment (WEEE)
• 96/61/EC concerning Integrated pollution
  prevention and control (IPPC)

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• Regulations
• Regulation (EC) No 2037/2000 on Substances that
  Deplete the Ozone Layer
• Regulation (EEC) No 259/93 on the supervision and
  control of shipments of waste within, into and
  out of the European Community
• Regulation (EC) No 1774/2002 laying down health
  rules concerning animal by-products not intended
  for human consumption
• Regulation (EC) No 2150/2002 of the European
  Parliament and of the Council on waste statistics

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EU legislation on-line

• EUR-Lex Complete EU law in all official EU
  working languages http/www.europa.eu.int/eur-le
  x
• Celex Registration required but offers complete
  legal research http//www.europa.eu.int/celex
• Curia European Court of Justice jugements
  http//www.curia.eu.int
• Oeil The legislative Observatory of the European
  Parliament http//www.europarl.eu.int/oeil/
• Prelex Database monitoring the decision-makin
  process between institutions http//europa.eu.i
  nt/prelex/apcnet.cfm?CLen

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How find the EU laws for waste management

• The following steps will take make you access the
  wastemanagement directives and regulations on
  the European Union web-site.
• 1. Go to http//europa.eu.int/eur-lex
• 2. Click on the language that you want to use.
  English en
• 3. Click on Legislation
• 4. Then click on Directory of Community
  Legislation in force
• 5. In the numbered analytical structure, go to
  number 15. Environment, consumers and health
  protection
• 6. Under number 15.10 Environment, click on
  15.10.30.30 Waste management and clean technology
  Here you can view all regulations and directives
  covering waste management, either as PDF-files or
  in html-format.