1. Implementation of the Waste Framework Directive
Jean Monnet Seminar, University of Genoa
27 March 2015
Anna Karamat, Unit A.2 Waste Management and Recycling
DG Environment, European Commission

2. 7th Environment Action Programme
Waste Framework Directive
(2008/98/EC)
Waste Treatment Operations
Framework Legislation
Waste Shipments (Regulation (EC) No 1013/2006)
Industrial Emissions Directive
(2010/75/EU)
Landfill Directive
(1999/31/EC)
recycling standards
(future, based on WFD)
Sewage Sludge
(86/278/EEC)
Batteries & Accumulators
(2006/66/EC)
Packaging & Packaging Waste
(94/62/EC)
PCBs, PCTs, POPs (Directive 96/59/EC and Regulation (EC) No 850/2004 )
End-of-Life Vehicles (2000/53/EC)
Electrical & Electronic Equipment (2012/19/EU)
Mining Waste (2006/21/EC)
Specific Waste Streams
Restrictions on the Use of Hazardous Substances in WEEE (2011/65/EU)

3. Key 2020 waste –related objectives of the 7th EAP
Full implementation of EU waste legislation based on waste hierarchy (prevention/re-use/recycling/energy recovery/disposal)
Waste generated per capita and absolute waste generation in decline
Energy recovery limited to non-recyclable materials
Phasing out landfilling (limited to non-recyclable and non-recoverable) waste
More systematic use of market-based instruments including Extended Producer Responsibility (EPR)
Strategy to combat food waste and increase composting/biomethanisation

4. Waste Framework Directive 2008/98/EC Main requierments

5. Objectives – Art 1 To protect the environment and human health
To prevent or reduce the adverse impacts of the generation and management of waste
To reduce overall impacts of resource use and improve the efficiency of such use 5

6. Definitions – Art 3 Waste, hazardous waste, waste oils, bio-waste
Waste management, treatment, prevention, re-use, preparing for re-use, recycling, recovery, collection, separate collection, regeneration of waste oils, disposal
Waste producer, holder, dealer, broker
Best available techniques 6

7. Waste Hierarchy – Art 4 Prevention PRODUCT (NON-WASTE) Preparing for
re-use
Recycling
Recovery
Safe disposal
WASTE
PRODUCT (NON-WASTE) 7

8. Waste or not?
By-products (Art 5 and Commission Communication on waste and by-products, see:
End-of-waste (EOW) status (Art 6)
EOW criteria laid down in legislation for iron and steel scrap, aluminium, copper, glass
Pending: plastics, bio-waste?
EOW criteria developed by the Commission (scientific input from the JRC) in close cooperation with Member States and stakeholders 8

9. Prevention of waste
Member States to establish waste prevention programmes by end 2013 (Art 29):
set out prevention objectives,
determine qualitative and quantitative benchmarks or targets for waste prevention,
describe prevention measures, such as:
economic instruments for sustainable resource use
promotion of eco-design for products
campaigns to change consumer behaviour 9

10. Targets – Art 11(2) To be achieved by 2020:
a minimum of overall 50% by weight of preparation for re-use, recycling of materials such as at least paper, metal, plastic, glass from households and possibly from other origins as far as these waste streams are similar to waste from households
a minimum of 70% by weight of preparation for re-use, recycling and other material recovery (i.e. backfilling) of non-hazardous construction & demolition waste
Commission review of the targets - ongoing 10

11. Separate collection Waste Framework Directive:
separate collection at least of paper, metal, plastic, glass by 2015 (Art 11(1)
bio-waste (optional, to be mandatory)
Other waste legislation:
batteries and accumulators
waste from electrical and electronic equipment
packaging waste
waste containing PCB/PCT 11

12. Disposal – Arts 12, 13
Least preferred option – better uses for resources always prevail
If necessary, can be done, provided it does not harm the environment and human health:
no risk to water, air, soil, plants, animals,
no nuisance through odours or noise,
no adverse effects on the countryside or places of special interest. 12

13. Other important provisions
Principles of self-sufficiency and proximity
Control of hazardous waste (ban on mixing, labelling and traceability)
Management of waste oils
Permits and registration of entities dealing with waste
Waste Management Plans
Inspections and record keeping
Reporting to the Commission 13

14. Implementation

15. Commission checks the compliance of Member States' transposition:
Transposition by MS
Member States had to transpose the Directive by Dec all MS have done so
Commission checks the compliance of Member States' transposition:
Most MS correctly transposed the directive
Some MS still being investigated
Infringement cases ongoing against:
No judgements of the ECJ yet

16. COM only takes action where failures are obvious
Application in MS
MS competence
COM only takes action where failures are obvious
MS must report on the implementation of the Directive and the achievement of the targets of the Directive
COM is assisting MS

17. Infringement cases
Environment Legislation 17

18. Infringements
Waste legislation

19. Important ECJ rulings
Clarification of the waste definition, scope of WFD, distinction between recovery and disposal:
Failure of MS to correctly waste legislation:
Mainly illegal landfills (C- Italy, C- Greece, C- France)

20. Important ECJ rulings
Case C- /13 Malagrotta

21. Compliance promotion activities

22. Thank you for your attention !
Additional sources of information:
DG ENV “waste” website:
Waste Review:
Resource Efficiency:
Study on Economic Instruments:
Eurostat Databases:
EEA: 22