1. European Commission Unit ENV G4, Sustainable Production and Consumption
The Landfill Directive Council Directive 1999/31/EC on the landfill of waste
Helmut Maurer, 7 December 2006

2. To physical stock: 10 tons
What is the Issue ?
Source
Sink
Extraction:
16 tons
Disposal:
6 tons
Growing technosphere
To physical stock: 10 tons
2 t/cap CO2
3.5 t/cap waste
0.5 t/cap agr waste
Environment
Threats to ecosystem services

3. The Vision: integrating Resources, Products and Waste Policies
Thematic
Strategy on
Sustainable
Use of
Resources
Thematic Strategy on the Prevention
and Recycling of waste EU
6th
ENV
Action
Programme
The EAP sets out a vision in which resource use, product and waste policy are integrated and the EU now has a coherent set of policies addressing resources, product and waste policies in and integrated manner. Taken together these policies have strong links to Sustainable Production and Consumption.
Such links between these three policy areas are made to a varying degree in the circular economy and 3R concepts and to a larger extent in the OECD Sustainable Materials Management (SMM) project.
SMM is largely inspired by the TS resources and waste. Next steps:
1. An inventory of existing international initiatives that relate to SMM. 2. An overview of existing methodologies and of their potential to inform policy makers on the environmental impacts of materials and where they occur in their life cycle
3. A survey of national policies relating to SMM
4. A workshop on SMM to be held in Brussels end 2007.
Integrated Product Policy / Sustainable Production & Consumption
Similar policies: Circular Economy, 3Rs, SMM (OECD)

4. Objective: Decoupling
Economic activity (GDP)
Decoupling resource use from economic growth:
“ more value per kilogram “
Better eco-efficiency:
more value per impact
Resource use (kg, km2, kW…)
The EU aims at an absolute decoupling of environmental impacts from economic activity.
We also acknowledge that with the current growth observed worldwide resource use will increase in the future, mainly as a result of large amounts of materials used for infrastructure development. This will be the case in New Member States and, to a much larger dimension, in China, India, ….
Spreading EU15 consumption patterns globally would quadruple resource use in 50 years. Therefore we must look for SP&C in EU and globally (e.g. eco-design of products, “green” public and private consumption)
Decoupling environmental impact from resource use
“ less impacts per kilogram “
Environmental impact (“indicators”)
2005
2030

5. Waste Treatment Operations Framework Legislation
European Commission Unit ENV G4, Sustainable Production and Consumption
Waste Framework Dir.
(Dir.2006/12/EC, formerly 75/442/EEC)
Under revision
Waste Streams
Waste Treatment Operations
Landfill
99/31/EC
Sewage Sludge
Dir. 86/278/EEC
Batteries and Accumulators
Dir. 91/157/EEC &
93/86/EEC
COM(2003)723
Packaging and Packaging Waste
Dir. 94/62/EC
PCBs
Dir.96/59/EC
End-of-life Vehicles
Dir 2000/53 EC
Hazardous Waste Directive
Dir.91/689/EEC
Waste Shipment Regulation
(Reg. (EEC) 259/93)
Just revised – Reg. (EC) 1013/2006
Framework Legislation
Incineration
89/369 & 429 (MW) 94/67 (HW)
Replaced by 2000/76/EC
Mining Waste
Dir 2006/21/EC
Recycling
EU Standards, …,
as part of Recycling Strategy
Waste oils
Dir 75/439/EEC
Titanium Dioxide
Dir 78/176/EEC
Waste electric and electronic equipment
Dir.2002/95EC
Restriction of Hazardous Substances
repeal with WFD revision
Simplify in 2006
Up-date in 2007
New proposal in co-decision
Helmut Maurer, 7 December 2006

6. Waste Treatment Operations
European Commission Unit ENV G4, Sustainable Production and Consumption
Waste Treatment Operations
INCINERATION
(2000/76/EC)
Covers MW and HW
Covers incineration and co-incineration
Permitting
Emission limit values (air, water)
Management of residues
Recovery of energy
LANDFILL
(1999/31/EC)
Permitting system
Control procedures
Technical requirements
Reduction of landfill of biodegradable waste
Collection of methane and energy recovery
Internalisation of costs
Interdiction of co-disposal
Helmut Maurer, 7 December 2006

7. Council Directive 1999/31/EC on the landfill of waste
European Commission Unit ENV G4, Sustainable Production and Consumption
Council Directive 1999/31/EC on the landfill of waste
Objectives
To prevent or reduce as far as possible negative effects from the landfilling of waste on
the environment
the global environment
human health
Helmut Maurer, 7 December 2006

8. Council Directive 1999/31/EC on the landfill of waste
European Commission Unit ENV G4, Sustainable Production and Consumption
Council Directive 1999/31/EC on the landfill of waste
Key elements of the Directive
3 classes of landfill: (No co-disposal !)
landfills for hazardous waste
landfills for non-hazardous waste
landfills for inert waste
Obligation to treat waste before landfilling
Helmut Maurer, 7 December 2006

9. Council Directive 1999/31/EC on the landfill of waste
European Commission Unit ENV G4, Sustainable Production and Consumption
Council Directive 1999/31/EC on the landfill of waste
Key elements (continued)
Permit, control and monitoring requirements:
- content of authorisation request
- conditions for authorisation
- financial security
- monitoring of water and gas emissions (operation phase/after-care phase)
Helmut Maurer, 7 December 2006

10. Council Directive 1999/31/EC on the landfill of waste
European Commission Unit ENV G4, Sustainable Production and Consumption
Council Directive 1999/31/EC on the landfill of waste
Key elements (continued)
Ban of certain wastes:
2003 whole tyres, 2006 shredded tyres
liquid waste
explosive, corrosive, oxidising, flammable waste
infectious hospital and veterinary waste
waste not meeting acceptance criteria
Helmut Maurer, 7 December 2006

11. Council Directive 1999/31/EC on the landfill of waste
European Commission Unit ENV G4, Sustainable Production and Consumption
Council Directive 1999/31/EC on the landfill of waste
Key elements (continued)
Reduction targets for the landfilling of biodegradable waste (based on data for 1995):
75 % by 2006
50 % by 2009
35 % by 2016
The 2016 target already reached by AT, BE, DK, DE, NL and SE.
The 2009 target reached by FR, IT and FI are close to it.
The 2006 target has not been reached by ES, PT, IE. UK second worst after Greece.
Helmut Maurer, 7 December 2006

12. Figure 3. Biodegradable municipal waste distance to target, 2002
Implementation of EU Landfill Legislation Art. 5 Strategy on biodegradable waste
Figure 3. Biodegradable municipal waste distance to target, 2002
(Excluding Luxembourg and the Belgium regions Wallonia and Brussels)

13. Implementation of EU Landfill Legislation Art
Implementation of EU Landfill Legislation Art. 5 Strategy on biodegradable waste
Figure 2a. Tonnes of biodegradable municipal waste Landfilled,

14. Implementation of EU Landfill Legislation Art
Implementation of EU Landfill Legislation Art. 5 Strategy on biodegradable waste

15. Council Directive 1999/31/EC on the landfill of waste
European Commission Unit ENV G4, Sustainable Production and Consumption
Council Directive 1999/31/EC on the landfill of waste
Technical Annexes
Annex I: General requirements (location, protection of soil/water)
Annex II: Waste acceptance criteria for landfills (general principles, preliminary criteria)
Annex III: Control and monitoring (water, leachate, gas)
Helmut Maurer, 7 December 2006

16. Council Directive 1999/31/EC on the landfill of waste
European Commission Unit ENV G4, Sustainable Production and Consumption
Council Directive 1999/31/EC on the landfill of waste
Waste acceptance procedure, Art. 11
The principles are set out in Art 11. Detailed rules about standardisation of control, sampling and analysis methods are set out in a separate Council Decision.
There is little transparency about how waste acceptance criteria are applied in different MS.
There is no knowledge about how criteria are applied in the new Member States.
Helmut Maurer, 7 December 2006

17. Council Directive 1999/31/EC on the landfill of waste
European Commission Unit ENV G4, Sustainable Production and Consumption
Council Directive 1999/31/EC on the landfill of waste
Decision on waste acceptance
criteria and procedures (2003/33/EC)
Objective: landfill only waste that is compatible with the protection afforded by each landfill class.
Acceptance procedure: what information to collect, when to test.
Acceptance criteria: limit values and/or lists of waste acceptable at a specific landfill class.
List of test and sampling methods to be used (developed by CEN).
Helmut Maurer, 7 December 2006

18. Council Directive 1999/31/EC on the landfill of waste
European Commission Unit ENV G4, Sustainable Production and Consumption
Council Directive 1999/31/EC on the landfill of waste
Waste acceptance criteria (continued)
Procedure
Basic characterisation (including sampling)
Compliance testing
On-site verification
Criteria for three landfill classes, including underground storage.
Higher limit values may be authorised for some parameters under certain conditions (case by case decision, no additional risk)
This remains a difficult problem.
There are waste streams exceeding the limit values set in the WAC.
Chloride and sulphate residues from incineration
Asbestos mixed with organic residues
Dredging material
Galvanic residues with too high DOC
Shredder residues (cars/electronic equipment)
Saline waste streams
Wet waste from clinical waste incineration
Fluorides from aluminium processing.
A broader discussion has to take place as to how to deal with these difficult waste streams in a way that the WAC can be complied with.
AT will organize a workshop on WAC around June/July 2007
More information on how criteria and procedures for the acceptance of waste ar implemented by Member States is expected from a study to be finalized by the end of 2007.
2005 study from CoR revealed that MS regarded WAC as very complex, costly and sometimes unreasonable when set against the types and levels of waste delivered to most landfill sites. The workshop to be held in AT as well as our study of WAC will hopefully provide some insight.
Helmut Maurer, 7 December 2006

19. Council Directive 1999/31/EC on the landfill of waste
European Commission Unit ENV G4, Sustainable Production and Consumption
Council Directive 1999/31/EC on the landfill of waste
Existing landfills
Main Problems:
Landfills for non-hazardous waste and inert
waste do often not comply.
No comprehensive data from Member States.
Too many unauthorized landfills (horizontal
cases against some Member States.)
Helmut Maurer, 7 December 2006

20. Council Directive 1999/31/EC on the landfill of waste
European Commission Unit ENV G4, Sustainable Production and Consumption
Council Directive 1999/31/EC on the landfill of waste
FACTS AND FIGURES ON LANDFILLS
Total municipal waste going to landfills (EU-25 average): 49%
(in some countries 90%).
Although waste generation is growing in parallel with GDP, in EU-25 by 19% between 1995 and 2003, waste landfilled goes slightly down.
Number of existing landfills in EU-15:
hazardous waste: 504 (141 comply)
non-hazardous waste: 6286 (1267 comply)
inert waste: (925 comply)
(No figures from UK, Denmark. Czech. Rep. on compliance). Full compliance to be achieved until 16 July 2009.
Trend since implementation: number of permitted landfills declines/ - quantity of wastes, including biodegradable declines/ - landfills improve technically
Helmut Maurer, 7 December 2006

21. Implementation of EU Landfill Legislation Existing landfills
Figure 4a. Landfills for hazardous waste; total and complying with the directive

22. Implementation of EU Landfill Legislation Existing landfills
Landfills for non-hazardous waste; total and complying with the directive

23. Implementation of EU Landfill Legislation Enforcement
Infringement proceedings Art. 226 EC
Letter of formal notice
Reasoned opinion
Infringement proceedings Art. 228 EC
Lump sum or penalty depend on:
Seriousness of infringement (factor x)
Duration (factor x)
Deterrent effect (factor x)
daily penalties of € or a lump sum of 20.Mio € are not uncommon
The Commission does not do any systematic investigations
Awareness through complaints by individuals or NGOs. Another important source of information are petitions.
Most complaints are based on a violation of Art 4 and 8 of the WFD
Important cases:
C-494/01 against Ireland for a general persistent failure to transpose the WFD. The Commission in the follow up of the case visited IE several times.
The Court procedure as well as the Commission‘s follow up had a significant effect on the overall Irish waste policy.
Key cases are:
Kouroupitos and Messomouri where the Court found for a daily penalty of € for operation of an illegal rubbish dump.
Greece acknowledged in another procedure in 2005 that at least 1125 illegal uncontrolled rubbish dumps are still in operation
Figures are even higher for Italy. There are several cases pending against Italy for systematic infringement of the WFD.
Further Art. 228 cases are pending against Spain and against France.

24. Interpretation of Art. 14 Dir. 1999/31/EC
Implementation of EU Landfill Legislation Questions in infringement procedures COM/France C-423/05
Interpretation of Art. 14 Dir. 1999/31/EC
Art. 8 Directive on waste 2006/12/EC
Art. 4 Directive on waste 2006/12/EC
Art. 9 Directive on waste 2006/12/EC
Case COM/France C-423/05
Art. 14 a)b)c) requires that operators of landfill sites have to prepare and to present to the competent authorities a CONDITIONING PLAN until 16 July 2002 for all those landfills that were in operation after 16 July Art 14 does not generally allow to continue landfilling just until 2009 (that had been suggested by France). In case the landfill cannot be adapted to the requirements of the Directive it has to be closed immediately.
2. Art. 8 WFD. Refers to illegal and uncontrolled landfills which have been closed. in case these landfills have a serious environmental impact, in principle the waste has to go to a public or private waste collector having the proper permission for elimination or valorisation of the waste. In case the waste an impact analysis shows that the waste has little environmental impact and the site is properly monitored the waste can on a case by case basis rest where it is. (Intrpretation by the Court in Case Ireland C-494/01(179,180,181,182). As to illegal landfills, holder is who owns the illegal landfills or who runs the illegal landfill.
3. Art. 4 WFD covers also very small uncontrolled landfills (some thousands in France) that receive rubble, green waste or bulky waste (fridges etc.) with little impact on environment. From the existence of great numbers of such landfills the COM concludes that authorities tolerate the illegal practice. All three items can be dangerous, green waste for its methane production, bulky waste can be fridges and rubble can be contaminated soil.
4. Art 9 requires permit for alll landfill operators, notwithstanding the size of the landfill. It cannot be argued that „illegal landfill“ were those not operated by municipalities and that therefore Art. 9 ot the Directive as a whole would not apply. The term „Illegal Landfill“ is critical. „Wild“ landfills, those not run by municipalities are equally concerned. The WFD compells you to regularise wild landfills.

25. Implementation of EU Landfill Legislation Questions in infringement procedures C- 494/01 Ireland
Failure to comply with Art. 4,5,6,8,9,10,12,13,14 Directive 2006/12/EC on waste
Failure to comply with Art. 10 EC by unsatisfactorily responding to a request for information
Facts examined:
Dumping of construction and demolition waste in wetlandsunauthorised operations, storing waste in lagoons, landspreading of wasteunauthorized waste storageoperation of landfills without permit tolerating running landfills by private operators without permittolerating the dumping of waste in a green area, no punishment, no ceasing of operation dumping of waste in special protection areas within the meaning of Dir. 92/43tolerating landfilling in disused quarries without permit unauthorized tipping of waste in wetlands.
Art. 10 EC  reversal of the burden of proof. (Concerning co-operation between COM and MS)
It is uncumbent on the Commission to proove that MS has not fulfilled its obligations. However, Art. 10 EC requires that MS facilitate the achievement of the Commission’s tasks. Since COM has no investigation powers it has to rely on MS information. It follows that the national authorities have to conduct the necessary on the spot investigations in a spirit of genuine co-operation. That means: Where the COM relies on detailed complaints or on evidence for repeated and persistent practise contrary to the Directive it is incumbent on the MS to challenge in detail and substance the information and the consequences flowing thereof.
“Member States have to cooperate in good faith with the inquiries of the Commission pursuant to Art. 226 EC. And to provide the Commission with all the relevant information. Requested for that purpose.”
Art. 9 and 10 (Permit) All waste operations have to take place under a permit since No operation may take place as long as there is no lince. License has to issued in advance. Consequence:  operation must not take place during licensing procedure.
Penalties for unlicensed operation must be deterrent (Imprisonment/very high fines).  Keep in mind the effectiveness rule.  a permit is not a merely formal act. It must still serve the purpose to ensure that disposal operations are in line with Art. 4.!!
Art. 12 (authorisation of professional waste collectors) correct transposition requires that possession of permit is compulsory.
Art. 5 adequate network of disposal operations network needs to operate according to BAT, not involving excessive costs dispose at the nearest available installations.
Art. 4 (no risk to….)
Art. 4 leaves the MS some discretion to take “the necessary measures”. A MS abuses his discretion where it generally and persistently fails to fulfil the requirements of Art. 4. and where that situation leads to a significant deterioration of the environment for a lengthy period.
Art. 8 (holder’s obligation to hand waste over to private or public waste collectors or to recover or dispose in accordance with the Directive himself)  sequestration of illegal tip and prosecuting the operator is not enough. Action following Art. 8 has to follow to regulate the situation.
Art. 13, 14 (operators must be inspected and keep records of quantity, nature, origin of waste etc….)
Logically, where no permit had been issued, no proper inspection can be carried out, since inspection parameters have not been defined in advance.

26. IE: C-494/01persistent failure to transpose
Implementation of EU Landfill Legislation Questions in infringement procedures references to some relevant case law.
IE: C-494/01persistent failure to transpose
UK: C-62/03 on failure to transpose WFD
IT: C-270/03 and subsequent Art 228 letter for wrongly exempting waste collectors. C-135/05 of 26 April 2007
IT: preliminary ruling –Niselli C-456/02 on waste definition
4 Art. 228 cases C-383/02, C-516/03,C-375/02,C-447/03 mostly on breach of Art. 4 and 8 WFD
EL: C-387/97 Kouroupitos landfill (leading case) 228 procedure
C-112/06 on the same substance
C-502/03 for > 1000 illegal sites
ES: C-157/04 La Gomera
C-446/01
FR: C-172/04; C-423/05 of 29 March 2007 for unauthorized landfills
DE: C-6/03 relevant for interpreting of Art. 5 LD

27. Landfill Awareness Raising events 2007 Conclusions
Insufficient implementation of Directive and Decision
Polluter pays principle not observed
No pre-treatment
Predominance of landfilling
High numbers of uncontrolled dumps
Low coverage through collection systems
No separation at source
Low administrative capacity
Too little investment
Profound lack of public awareness