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End of waste status under EU lex. Malta, 3 October 2013 Jorge DIAZ DEL CASTILLO DG Environment European Commission. Source: Global Footprint Network. Improving Resource Efficiency. “ Doing more with less ” Decoupling: reducing negative impacts of resource use in a growing economy
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End of waste statusunder EU lex Malta, 3 October 2013 Jorge DIAZ DEL CASTILLO DG Environment European Commission
Improving Resource Efficiency • “Doing more with less” • Decoupling: reducing negative impacts of resource use in a growing economy • Managing scarcity and shortages • Creating new opportunities for economic growth; ++ innovation; ++ EU’s competitiveness RAW MATERIALS Minerals-fuels-biomass FLOWS Solar Wind Tidal MEDIA Air Soil Water LAND
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 “ Eco-efficiency Economic activity (GDP) Environmental impact 2005 2030
Prevention Re-use Recycling Recovery Disposal The new EU Waste Framework Directive 5-step waste hierarchy
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 333/2011End-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 333/2011End-of-waste criteria for iron and steel scrap The holder/producer of the metal scrap: • has the burden of proof that end-of-waste criteria are met • has to apply a Quality Management System (certified by independent verifier) • 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