1.3.05RVF - The Swedish Association of Waste Management

Gunnel Klingberg, RVF 2004

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: +46 40 35 66 00

fax: +46 40 35 66 26

1.3.05RVF - The Swedish Association of Waste Management

Gunnel Klingberg, RVF 2004

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

1.3.05RVF - The Swedish Association of Waste Management

Gunnel Klingberg, RVF 2004

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...

1.3.05RVF - The Swedish Association of Waste Management

Gunnel Klingberg, RVF 2004

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 )

1.3.05RVF - The Swedish Association of Waste Management

Gunnel Klingberg, RVF 2004

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.

1.3.05RVF - The Swedish Association of Waste Management

Gunnel Klingberg, RVF 2004

European Union Legislation

• Community law; an independent legal system

• Takes precedence over national legislation

• Primary Legislation

• Secondary Legislation

1. Regulations

2. Directives

3. Decisions

4. Recommendations, Opinions

1. Case-law

1.3.05RVF - The Swedish Association of Waste Management

Gunnel Klingberg, RVF 2004

European Legislative decision-makers• The Council of the European Union

• The European Commission

• The European Parliament

• Consultative bodies

1. Economic and Social Committee

2. Committee of the Regions

1. European Court of Justice

1.3.05RVF - The Swedish Association of Waste Management

Gunnel Klingberg, RVF 2004

Directive 75/442/EEC on wasteCouncil 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.

1.3.05RVF - The Swedish Association of Waste Management

Gunnel Klingberg, RVF 2004

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)

1.3.05RVF - The Swedish Association of Waste Management

Gunnel Klingberg, RVF 2004

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)

1.3.05RVF - The Swedish Association of Waste Management

Gunnel Klingberg, RVF 2004

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

1.3.05RVF - The Swedish Association of Waste Management

Gunnel Klingberg, RVF 2004

EU legislation on-line

EUR-Lex Complete EU law in all official EU working languages http:/www.europa.eu.int/eur-lex

Celex Registration required but offers complete legal research

http://www.europa.eu.int/celex

CuriaEuropean Court of Justice jugements http://www.curia.eu.int

Oeil The legislative Observatory of the European Parliamenthttp://www.europarl.eu.int/oeil/

Prelex Database monitoring the decision-makin process between institutions

http://europa.eu.int/prelex/apcnet.cfm?CL=en

1.3.05RVF - The Swedish Association of Waste Management

Gunnel Klingberg, RVF 2004

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.