Stakeholder meeting on the functioning of waste markets within the EUmeeting minutes

16th November 2015, 09am-5pm* Rue Philippe Le Bon, 3, 1000 – Brussels (conference room 4/56)

Content

Stakeholder meeting on the functioning of waste markets within the EU.................................................1 List of participants...........................................................................................................2 Agenda..............................................................................................................................3 Presentations and detailed minutes...............................................................................3.1 Welcome by DG Environment (Peter Wessman).....................................................53.2 Introduction (Mike Van Acoleyen ARCADIS)............................................................63.3 Your voice in Europe questionnaire (Rob Williams TRINOMICS)............................83.4 Introductory presentations by stakeholders............................................................123.4.1 ISWA’s view on the major waste market distortions...............................................123.4.2 Eurometaux’ views on obstacles to movements of waste within the EU................183.4.3 EEB’s and ZWE’s views on obstacles to movements of waste within the EU........204 General conclusions......................................................................................................

1 List of participants

Pille Aarma ministry of environment EstoniaAli Akdag CIRFS, European Man-Made Fibres AssociationWerner Annaert FEBEM/FEGE, Federation of Environmental Companies, belgiumPiotr Barczak EEB, European Environmental BureauRichard Barnish DHL courrier serviceValentina Bolognesi Digitaleurope, digital technology industry in EuropeJulien Bouyeron FCD Fédération des entreprises du Commerce et de la Distribution

FranceMartin Brocklehurst ISWA, international solid waste associationAnnick Carpentier Eurometaux, european association of metalsIsabelle Conche Eucopro, European Association for Co-processingChristel Davidson Eurocommerce, association for retail, wholesale and international trade

interestsNadine De Greef FEAD, European Federation of Waste Management and Environmental

ServicesNicolas de la Vega EBA european biogas associationLuigi Della Sala Eurogypsum, Gypsum Industry Europe.

Mark Dempsey HP, HewlettPackardSandrine Devos UEPG, Union Européenne des Producteurs de GranulatsBianca Drogosch VKU, Verband Kommunaler UnternehmenManuela Ernst VKU, Verband Kommunaler UnternehmenRosa Gaspar Ferran Zero Waste Europe, NGO empowering communities to rethink their

relationship with resourcesLorenzo Ferrucci Food Drink Europe, industry federationMaxime Furkel LexMark, creates enterprise software, hardware and servicesMagdalena Garczynska EAA European Aluminium Association, represents the value chain of the

aluminium industry in EuropeMagnus Gislev European Commission DG GROWGunnar Grini Norsk Industri, Confederation representing corporate NorwaySoeren Grumptmann VDMA, Verband Deutscher Maschinen- und Anlagenbau, German

Engineering FederationMarc Guiraud EUCO Light, The European association of collection and recycling

organisations for WEEE lamps and lighting.Carl Hagberg Stena Metall, recycles and processes metals, paper, electronics,

hazardous waste and chemicals.Michael Hale Central Lobby, an independent parliamentary and public affairs

consultancy.Christian Hartmann Cambre Associates, Brussels-based integrated public relations and

public affairs consultancy.Alain Heidelberger Hazardous Waste Europe (HWE), represents hazardous waste

treatment installations in EuropeMichael Heinzlreiter Next Generation Group (NGR), Design and manufacture of extruders,

shredders, etc for the plastics recycling industry.Chris Heron Eurometaux, european association of metalsNicolas Humez Hazardous Waste Europe (HWE), represents hazardous waste

treatment installations in EuropeLuca Ibelli Cefic, European Chemical Industry CouncilAlagonda Elisabeth Jager

Janus Vaten, condiotioning and sale of new and second use drums and IBC

Hendrikus Janus Janus Vaten, condiotioning and sale of new and second use drums and IBC

Svend Erik Jepsen Confederation of Danish Industry (DI) representing corporate Denmark. Mikołaj Józefowicz Independent consultant providing private sector clients with advice on

Extended Producer ResponsibilityLorena Jurado Conseil General de Cambres de Catalunya, Catalonian chamber of

commerceEmmanuel Katrakis EuRIC, Confederation representing the interests of the European

recycling industries.Raziyeh Khodayari Svenskfjarrvarme, Swedish District Heating AssociationFranz Kirchmeyr Kompost & Biogas Österreich, umbrella organization for five Austrian

compost & biogas organisations.Michal Kubicki European Commission, DG GrowTorsten Laksafoss Holbek

Head Of Office MEP Morten Løkkegaard

Stijn Lambert Arcadis BelgiumKristy-Barbara Lange European BioplasticsKrzysztof Laskowski Euroheat & Power, international association representing District

Heating and Cooling and Combined Heat and Power sector in EuropeHélène Lavray Eurelectric, The association of the electricity industry in Europe

Ulrich Leberle Cepi, industry federation for the European pulp, paper and board industries.

Ji un Lee Shin Umicore, non ferrous metals producerMarc Leemans OVAM, public Flemish Waste AgencyMichal Len RREUSE, represents social enterprises active in re-use, repair and

recycling.Andreas Loukatos ETVA, environmental services consultantVagner Maringolo CEMBUREAU, European cement associationNatalia Matting European Commission, DG GROWMarcello Missaglia Missaglia e associati, independent consultingChristian Monreal REMONDIS, recycling, service and water companySarah Mukherjee Veolia, waste management operatorIsabelle PACE Veolia, waste management operatorGuillaume Perron-Piché Eswet, European Suppliers of Waste to Energy TechnologyMatthias Pflüger BDE Federation of the German Waste, Water and Raw Materials

Management IndustryAdrian Platt Befesa, technology solutions for industrial waste managementJoachim Quoden Expra, umbrella organisation for packaging and packaging waste PROsMitra Qurban DP DHL, Deutsche Post DHL courrier serviceUmberto Raiteri ERP, European Recycling Platform, implementing regulations on the

recycling of electrical and electronic waste Rauno Reinberg Republic of Estonia, Ministery of Public AffairsBritt Sahleström AI Swedish Recycling Industries' Association Oliver Santiago Unesid, union of Spanish steel industryHelmut Schmitz Der Grüne Punkt, German PROChristophe Scius Suez Environnement S.A.French-based utility company for water

treatment and waste managementElisa Setien EFCC, European Federation for Construction ChemicalsArjen Sevenster Plastics Europe, Represents the interest of the plastics manufacturing

industry in Western EuropeBaudouin Ska FEBEM/FEGE, Federation of Environmental Companies, belgiumElla Stengler CEWEP, represents Waste-to-Energy Plants across Europe.Jane Stratford Defra, UK Department for Environment, Food & Rural AffairsJane Stratford Defra, UK Department for Environment, Food & Rural AffairsEmilie Stumpf CECED, European committee of domestic equipment manufacturersKatarine Svatikova TrinomicsAndreas Tack WV Stahl, Wirtschaftsvereinigung Stahl , German steel industry

federationMike Van Acoleyen Arcadis BelgiumPatrick Van den Bossche Agoria, Belgian technology industry federationVincent Van Dijck ETIRA, European Toner & Inkjet Remanufacturers AssociationKonstantinos Velis University of LeedsVanya Veras MWE Municipal Waste Europe, European association representing

municipalities responsible for waste managementRonalds Vitins KP Konkurrences Padome, Lithuanian competent authority on

competitionRebecca Walker SEPA, Scottish Environment Protection AgencyPeter Wessman European Commission, DG ENVRob Williams Trinomics

2 Agenda

08h30 Coffee and registration09h00 Welcome by DG Environment (Peter Wessman DG ENV)

- Welcome word- Situating the study

09h15 Introduction (Mike Van Acoleyen ARCADIS)- Presentation of the agenda- Presentation of the state of progress

09h45 Your voice in Europe questionnaire (Rob Williams TRINOMICS)- Presentation of the outcome- questions and answers

10h15 Coffee breakIntroductory presentations by stakeholders

10h30 Martin Brocklehurst, Costas Velis, ISWA- ISWA’s view on the major waste market distortions - questions and answers

11h00 Annick Carpentier, EUROMETAUX- Eurometaux’ views on obstacles to movements of waste within

the EU- questions and answers

11h30 Piotr Barczak, EEB- EEB’s views on obstacles to movements of waste within the EU- questions and answers

12h00 Presentation of the outcome of 3 case studies- Application of the proximity principle (Mike Van Acoleyen,

ARCADIS)- Mixed waste collection in Denmark (Rob Williams,

TRINOMICS)- Polluter pays principle in extended producer responsibility

schemes in France (Stijn Lambert, ARCADIS)12h45 Break for lunch14h00 Presentation of the outcome of 4 case studies

- Incineration taxes in The Netherlands (Katarina Svatikova, TRINOMICS)

- Landfill failures in Romania (Mike Van Acoleyen, ARCADIS)- Comingled collection in Poland (Stijn Lambert, ARCADIS)- Divergent application of Article 18 of the Waste Shipment

Regulation (Peter Wessman, DG ENV)15h00 Coffee break15h15 Open forum discussion

on solutions for distortions in the functioning of the waste markets within the EU

- Could a “Waste Schengen area” be a solution for distortions caused by transfrontier shipment provision on intra-EU shipments? What should be the properties of such a solution?

Which waste streams are to be included or excluded?- Where could legislation be amended and improved to ensure the

effective functioning of waste markets within the EU?- How could implementation of existing legislation be improved,

e.g. within Member States; or through Commission guidance where needed?

- What else could be done to ensure the effective functioning of waste markets within the EU?

16h45 Conclusions and wrap up (Peter Wessman, Mike Van Acoleyen)17h00 End

3 Presentations

3.1 Welcome by DG Environment (Peter Wessman)

Situating the study.

3.2 Introduction (Mike Van Acoleyen ARCADIS)

State of progress.

Wrap up conclusions of the first workshop, to be built upon today:

Electronic notification systems for waste shipments would be welcome to lift administrative burden.

The application of the proximity and self-sufficiency principles causes problems. Guidance would be useful to ensure a consistent application of the principles.

Guidance on the use of annex VII information forms for shipment of green listed waste for recycling would be very much appreciated.

The three main policy goals (waste hierarchy, resource efficiency, circular economy) are supported by all.

Simpler procedures are beneficial both for industry and for inspection.

Pre Consented Facilities can be a clue to easier compliance with the provisions in the Waste Shipment Regulation. Existing possibilities in the regulation are not sufficiently used.

Waste is a resource and may be treated as other resources.

The implementation of the Waste Shipment Regulation does not always support or facilitate more recycling.

Consistency in policy can enhance better waste markets. Helpdesk support for smaller competent authorities or for Member States with less administrative capacity is a good idea.

Standards for waste treatment operations are needed.

Transparency, good data, good statistics and traceability are needed.

One should take care of balanced planning of waste treatment infrastructure, avoiding over- or under-capacity.

We should protect opportunities for innovation.

3.3 Your voice in Europe questionnaire (Rob Williams TRINOMICS)

Main results of the survey:

What causes the concerns? Both EU and national/ regional/ local level legislation

Lack of consistency between Member States regarding the Waste Shipment Regulation, Waste Framework Directive, End of Waste criteria;

Implementation issues of the Landfill directive,

overcapacities in incineration,

different taxes across Member States,

The main drivers, impacts, regional differences as well as solutions were discussed. For further information, see the PowerPoint slides.

3.4 Introductory presentations by stakeholders

3.4.1 ISWA’s view on the major waste market distortions

Highlights of the presentation: Current problems

A lot of resources in Europe and worldwide are lost

Lack of markets for secondary raw materials. This needs to be supported by policy. The Least cost option is often export (> 50% plastics are exported (mainly to China))

Legal barriers for reuse

There is a need for a level fiscal playing field. Fiscal frameworks on secondary raw materials: carbon gains are not reflected in market price.

Possible solutions: Main goal: enhancing competition raw materials & secondary materials, in order to use secondary raw materials in EU instead of exporting. Need of an EU market.

Framework for investment

Taxation: shift from labor to commodities

Standards for secondary raw materials (e.g. Organics: no standards in comparison with chemical fertilisers)

Innovation in order to close the loop (legislation alone is not enough)

End of waste criteria definition is a major challenge! It is critical to innovation. Recovered material cannot be sold as waste this way it will not get the real value.

Commodity prices: a level playing field is necessary.

Open secondary commodity trading systems need to be in place. Recyclables operate in a global environment, you cannot address the problems only at the EU level.

Change of fiscality (e.g. in China there is 0% vat on second raw materials)

Reference was made to 6 detailed reports on the ISWA website.

3.4.2 Eurometaux’ views on obstacles to movements of waste within the EU

Highlights of the presentation:

Challenges and proposed solutions to accessing secondary raw materials for metals recovery: Non-harmonised status of waste and by-products across Member States

Diverging classification of waste

Use of national codes and lack of appropriate code

Burdensome waste shipment procedures

Interaction with other legislation

Proximity principle

Insufficient control and monitoring of illegal shipments of valuable materials embedded in waste/by-products/end-of-life products

3.4.3 EEB’s and ZWE’s views on obstacles to movements of waste within the EU

Highlights of the presentation: Current problems

There are currently two markets in competition: waste for recycling and waste for incineration/ landfilling

Should waste be treated as a resource or a failure?

Lack of collection schemes

different qualities of secondary raw materials: lack of quality standards

strong completion on raw material plastics due to low priced oil.

Overcapacities in incineration

Possible solutionsMain goal: to reach a level playing field primary raw materials and secondary raw materials

The obligation to sort waste in the MS

Compulsary collection of biowaste

The use of economic instruments

EC could urge Member States to progressively augment landfill gate fees:

Regular update of BREFS, setting standards at BAT level

Avoid overcapacity of incineration

Ensure the same treatment standard between the receiving and sending country

4 General conclusions

Based on the questions and answers of the different presentations and on the open forum discussion on solutions for distortions in the functioning of the waste markets within the EU.

1. The Member State's implementation of the Waste Shipment Regulation and the Waste

Framework Directive is too divergent. This results in obstacles to legitimate and

environmentally desirable waste movements and prevents a level playing field for waste

management industry. Many participants pointed out that the main problem is not the

provisions in existing EU waste legislation themselves, but failures by Member States to

properly implement them. Focus should be on implementing existing waste legislation in a

uniform way and not on changing this legislation.

2. The most frequently mentioned implementation issues were the waste definition,

classification of waste as hazardous or green-listed, the classification as recovery or

disposal, the waste hierarchy and specific provisions in the Waste Shipment Regulation

(the role of transit countries, pre-consented facilities, too long time-delays for dealing with

notifications, often supplementary requests for information from authorities, the issue of

who is responsible for attaching the Annex VII-document is not uniformly applied) the

provision on more stringent classification when Member States disagree. Proposed

solutions included more guidance and clarification from the Commission; closer

cooperation between Member States and Commission; a clearing house or help-desk to

support common interpretation of the Waste Shipment Regulation and Waste Framework

Directive, as well as electronic data exchange on waste shipments.

3. The enforcement of the Waste Shipment Regulation and the Waste Framework Directive

is very uneven between Member States; several participants asked for a stronger role for

IMPEL, e.g. with some mandatory requirements for Member States to participate in

IMPEL; a few participants advocated the establishment of an EU waste agency.

4. Additional harmonisation of waste legislation is needed on certain, specific issues.

Mentioned was in particular Extended Producer Responsibility. Several participants stated

that landfilling should be banned or further measures should be taken to reduce landfilling,

and that separate collection needs to be improved on which issue several participants

urged the Commission to put more pressure on Member States. A fast-track procedure for

dealing with Waste Shipment Regulation notifications should be developed.

5. End-of-waste criteria, Art 6(2) of the Waste Framework Directive, should be adopted for

certain waste streams. Mentioned were waste tyres. A single decision on end-of-waste

cases, with applicability over the whole of the Union would be appreciated.

6. Criteria should be adopted for certain waste to be considered as by-products, Art 5(2)

Waste Framework Directive.

7. Certification of waste facilities within the EU should be implemented to ensure high quality

waste treatment.

8. Transparency on waste related data and how waste management is funded by the EU

should be improved.

9. Knowledge gaps should be filled; the gathering of data and the quality of the statistics

should be improved at EU level. An electronic data exchange on waste shipments would

help.

10. Information and research should be compiled and presented regularly on waste flows,

facilities and prices.

11. Links with other policy areas need to be examined, especially energy and climate related

aspects as well as product design.

12. Issues relating to over- and under capacity for waste incineration could be solved by EU-

wide management of capacities. Over-capacity can attract waste from other Member

States to the detriment of their local recycling market and under-capacity combined with

the proximity principle can lead to more landfill.

13. The assessments prior to adopting legislative proposals should be improved, policy

measures must be carefully assessed (mentioned was the adoption of the WEEE

Directive, where statistical data and collection rates was not correctly assessed before

adopting latest amendments).

14. Competition issues relating to local monopolies and exclusive rights should be addressed.