end of waste status under eu lex

End of waste status End of waste status under EU lexunder EU lex

Malta, 3 October 2013

Jorge DIAZ DEL CASTILLODG Environment

European Commission

Source: Global Footprint Network

RAW MATERIALSMinerals-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

competitivenessMEDIA

AirSoil

Water

FLOWSSolarWindTidal

LAND

2005 2030

Eco-efficiency

Decoupling resource use from

economic growth:

“ more value per kilogram “ Better eco-efficiency:Better eco-efficiency:more value per impactmore 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 hierarchyPrevention

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 333/2011End-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:

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

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

http://ec.europa.eu/environment/