End of waste status under EU lex Malta, 3 October 2013 Jorge DIAZ DEL CASTILLO DG Environment European Commission

Source: Global Footprint Network

RAW MATERIALS Minerals-fuels-biomass Improving Resource Efficiency 1.“ Doing more with less ” 2.Decoupling: reducing negative impacts of resource use in a growing economy 3.Managing scarcity and shortages 4.Creating new opportunities for economic growth; ++ innovation; ++ EU’s competitiveness MEDIA Air Soil Water FLOWS Solar Wind Tidal LAND

Eco-efficiency Decoupling resource use from economic growth: “ more value per kilogram “ Better eco-efficiency: more value per impact Decoupling environmental impact from resource use “ less impacts per kilogram “ Economic activity (GDP) Environmental impact

European Legislation on Recycling

The new EU Waste Framework Directive 5-step waste hierarchy Prevention Recycling Recovery Disposal Re-use

From Waste to Product EU Waste Framework Directive: concept of ‘end-of-waste’ Material can cease to be waste, if  has undergone a recovery operation,  is commonly used,  a market or demand exists,  meets technical requirements, legislation and standards  and shows no overall adverse environmental or human health impacts

Work on ‘end-of-waste’ criteria Mandate to the European Commission to consider setting up ‘end-of-waste’ criteria for some material streams Three Regulations adopted:  Iron and steel scrap and aluminium scrap (Council Regulation 333/2011)  Glass cullet (Commission Regulation 1179/2012)  Copper scrap (Commission Regulation 715/2013) (as of 01/01/2014) Further end-of-waste criteria in preparation  Paper and cardboard  Plastics  Biodegradables

Purpose of setting end-of-waste criteria End-of-waste criteria should  support recycling markets  improve the implementation of waste management law  less use of natural resource; less use of energy; and less GHG generation by  harmonising various criteria used by EU Member States  creating legal certainty  reducing administrative burden  setting quality criteria for secondary raw materials

Regulation 333/2011 End-of-waste criteria for iron and steel scrap Product quality  Compliance with general industry specification or customer specification  Foreign materials (steriles < 2%)  Free of visible oil  Free of radioactivity  No hazardous properties (Waste Framework Directive Annex III) Input material/treatment  Waste with hazardous compounds to be de-polluted (cars, WEEE)

Regulation 333/2011 End-of-waste criteria for iron and steel scrap The holder/producer of the metal scrap: 1.has the burden of proof that end-of-waste criteria are met 2.has to apply a Quality Management System (certified by independent verifier) 3.has to issue a Statement of Conformity (to be transmitted to the client) Classifying iron and steel scrap as end-of-waste is an option. If requirements are not fulfilled, metal scrap = waste

Waste Recycling and Trade

Globalisation of material streams and recycling markets Avoid shifting environmental burdens (eco-dumping) from the EU to non-EU countries Waste from the EU can be recycled in non-EU countries provided that the environmental standards are broadly equivalent to the EU Monitoring and control by EU Regulation on Waste Shipment

Effects of end-of-waste criteria on trade End-of-waste material is released from waste legislation  Waste Framework Directive  Waste Shipment Regulation Internal EU trade  Waste Shipment Regulation does not apply Export to non-EU countries  Waste Shipment Regulation does not apply  EU end-of-waste criteria are without prejudice to the classification of scrap metal as waste by non-EU countries  General rule: in case of disagreement between the authorities of dispatch and destination on waste/non-waste the material is to be regarded as waste (Art 28 Waste Shipment Regulation) Import from non-EU countries  Importer is responsible for compliance with end-of-waste criteria  Waste Shipment Regulation does not apply