Waste framework directive

Directive 2008/98/EC of 19 November 2008 on waste ( Waste Framework Directive) is a directive of the European Community, and sets the legal framework for waste legislation in Member States. It entered into force on 12 December 2008 and should have been transposed by Member States by 12 December 2010. The old Waste Framework Directive 2006/12/EC, Directives 75/439/EEC ( on waste oils ) and 91/689/EEC ( Hazardous Waste ) shall be repealed with effect from 12 December 2010.

The Directive aims to " be the harmful impacts of the generation and management of waste avoided or reduced, reducing overall impacts of resource use and improving the efficiency of resource use " ( Article 1).

The revised Waste Framework Directive was necessary, among other things, to clarify the definition of key terms such as waste, recycling and disposal, and to strengthen measures for waste recycling ( recital 8). The inclusion of provisions for the disposal of waste oils and hazardous waste in the Directive is intended to simplify and unify the European waste law contribute (recitals 43 and 44). Do not fall under the scope of Directive gaseous discharges, radioactive waste, decommissioned explosives, feces, sewage, animal by-products ( unless they are for the incineration, landfilling or use in a biogas or composting plant requires), in the body of animals that do not come by being slaughtered and waste of mineral resources ( Article 2), which are regulated by other legislation.

The Waste Framework Directive, a new, five-level hierarchy for the handling of waste is determined that prescribe the Member States a priority order for their Nationally Determined measures. The order (Article 4 ):

  • Avoidance
  • Preparing for re-
  • Recycling
  • Other recovery, eg energy recovery
  • Elimination.

The Waste Framework Directive concepts such as waste, hazardous waste, organic waste, prevention, reuse, treatment, recovery, preparation for reuse, recycling and disposal are legally defined. The new "preparing for re-use", for example, includes the cleaning and repair of waste; Recycling ( = recycling, including reprocessing of organic material ) is now more significant than energy recovery (previously both were considered to be equivalent ). Redefined the distinction between waste and by-products and end -of-waste - both are very important in practice, since by-products and products that are no longer considered waste, not the requirements for waste ( transport and so on ) are subject. " By-products " fall in production to, without whose main objective is aimed to be used with normal industrial practice after processing and have the existing product requirements and environmental and health protection requirements ( Article 5). An " end of waste " is reached when, after a recovery operation there is a of usable product for which there is a market and the existing requirements for the product to comply (Article 6, thereby establishing the case-law to date in practice already relevant European Court of Justice included in the directive text).

Waste prevention

Member States may adopt measures to transfer a greater responsibility for the prevention, recycling or other recovery of waste the manufacturers of products ( Article 8). This includes, for example, the return of the products and the recycling of waste, the development of multi-use or long-lived products, the development of easily recyclable products. By the end of 2011, the European Commission must present a report on the development of waste prevention and product eco-design policy, the procedure with both the generation of waste. By the end of 2014, it must provide targets for up to 2020 targets for waste prevention. Member States have until 12 December 2013 to create waste prevention programs, in which they set waste prevention objectives (Article 29). Examples of waste prevention measures are listed in Annex IV of the Directive (eg promoting the development of less wasteful products, promotion of eco-design, promotion of recognized environmental management systems).

Reuse and recycling

Member States must take measures to reuse of products, and to promote high quality recycling. Re-use can be promoted for example by repairing nets, economic instruments or quantitative targets, recycling through separate collection of waste. By 2015, the separate collection of paper, metal, plastics and glass must be introduced in all Member States until the end of 2020 they have ( for example, 50 percent for paper, metal, plastics, glass, and 70 percent of construction and demolition waste) achieve certain recycling rates ( Article 11). The separate collection of bio-waste for the purpose of composting and anaerobic digestion should be encouraged by Member States (Article 22). Recovery operations in Annex II to the Directive lists ( eg recycling, regeneration of acids and bases, use as fuel - the energy efficiency of the combustion system decides whether the combustion 'energy recovery' or waste disposal is, see footnote to Annex II - new oil refining or other reuses of oil).

Waste disposal

Waste that can not be recycled, material, energy or otherwise utilized, must be eliminated, that the requirements are met to the health and environmental protection (Article 12, 13). Removal proceedings are listed in Annex 1 of the Directive, such as landfill disposal, incineration on land, Permanent storage ( eg emplacement of containers in a mine ).

Waste management

Is responsible for the waste recovery or disposal of waste producers / owners who can have it carried out by a (private or public) companies (or must ); unless the responsibility has been defined differently by the Member States in certain cases ( Article 15). The costs shall be borne in accordance with the polluter pays principle is always the producer or holder ( Article 14). Member States must make arrangements to ensure that commercially collected waste will be delivered only in waste treatment facilities that comply with the requirements of health and environmental protection (Article 15). Special measures are required for a hazardous waste management (monitoring, prohibition of mixing, labeling, and Article 17-19); Used oil must also be collected separately ( Article 21). Plants and companies that recycle or dispose of waste must be registered and need in most cases a permit (Article 25, 26). The equipment must be periodically inspected by the competent authorities ( Article 34).

Other relevant EU directives on waste legislation

The Waste Framework Directive is complemented by a number of other policies that, among other things:

  • Of the Council of 26 April 1999 on the landfill of waste 1999/31/EC
  • Directive 94/62/EC on packaging and packaging waste
  • Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators
  • Directive 2000/53/EC on end-
  • Directive 2002/96/EC on waste electrical and electronic equipment
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