Lecture 3 - Legislation framework (Ch. 1.4)

Question 1

What is the objectives of the 8th Environment Action Programme?

Answer 1

The proposal for an 8th EAP aims to accelerate the transition to a
climate-neutral, resource-efficient and regenerative economy, which
gives back to the planet more than it takes. It recognizes that human
wellbeing and prosperity depend on the healthy ecosystems within
which we operate.

Question 2

What is the objective with the european green deal?

Answer 2

The European Green Deal will transform the EU into a modern, resource-efficient and competitive economy, ensuring:

• no net emissions of greenhouse gases by 2050
• economic growth decoupled from resource use
• no person and no place left behind

Question 3

What are the sources of European Union law?

Answer 3

1. Primary law -main sources are the Treaties of the European Union (https://europa.eu/european-union/law/treaties_en)
   – Waste and environment are policy areas that fall under the shared competences of the EU and the member states
   – Title XX on Environment in ‘Treaty on the Functioning of the European Union’ (TFEU) (Lisbon Treaty)
2. Secondary law -comprises unilateral acts and agreements (legal instruments based on the Treaties)
   – Unilateral acts: regulations, directives, decisions, opinions, communicationsand recommendations
   – Conventions and agreements: international agreements (e.g.Kyoto Protocol), agreements betweenMemberStates
3. Supplementary law -elements of law not provided for by the Treaties. This category includes Court of Justice case-law, and international law.

Question 4

The EU institutions may adopt five types of acts. Which ones?

Answer 4

• Legally binding acts
– Regulations –in force day one
– Directives –to be implemented in national legislation, minimum requirements
– Decisions –binding upon those to whom they are addressed (states or individuals)

• Non-binding acts
– Recommendations
– Opinions

Question 5

What constitutes the institutional triangle?

Answer 5

• The European Parliament
• The Council of Europe
• The European Commission

Question 6

What are the ordinary legislative procedure?

Answer 6

1. Forward proposal:
   - Commission –> Makes a proposal (e.g. new directive)
2. Forward amendments:
   - Parliament –> 1st reading
3. Forward common position:
   - Council –> common position (or final decision)

Back tot the Commission - or to make a final decision if all agree (never happens!)

4. Revised proposal
   - Commission –> comments on “common position”
5. Amendments
   - Parliament –> 2nd reading
6. Final instrument or proposal
   - Council –> Final decision - or trialogue (conciliation procedure)

Question 7

What are the horizontal legislation on waste?

Answer 7

• Waste Framework Directive
• Regulation on shipments of waste
• Decision on list of wastes

Question 8

What are the 3 vertical legislations on waste?

Answer 8

1. Legislation on waste management operations
   - Incineration Directive
   - Landfill Directive
   - Industrial Emissions Directive
   - Directive on ship-generated waste and cargo residues.
2. Legislationon specific waste streams
   - Directive on EoL vehicles
   - ROHS Directive
   - WEEE Directive
   - Directive on waste batteries
   - Packaging Directive
   - Directive on sewage sludge use in agriculture.
3. Waste reporting and documentation
   - Regulation on waste statistics.

Question 9

Horizontal legislation:

Explain what the Waste Framework Directive is and what the objectives are.

Answer 9

All memberstates of EU adopt the directive.

• establishes a legal framework for the treatment of waste in the EU.
• sets the basic concepts and definitions related to waste management
• Waste, by-products, end-of-waste criteria, different operations, recovery vs disposal
• lays down waste management principles for all other EU legislation related to waste, such as the “polluter pays principle” and the “waste hierarchy”

general requirements on:

• Producer responsibility, prevention
• Re-use and recycling, disposal
• Waste management permissions
• Planning and programs (based on the principles of self-sufficiency and proximity)
• Inspection/control

Question 10

What is the End-of-Waste criteria accodring to the Waste Frame Directive?

Answer 10

(a) the substance or object is commonly used for specific purposes;
(b) a market or demand exists for such a substance or object;
(c) the substance or object fulfils the technical requirements for the specific purposes and meets the existing legislation and standards applicable to products
(d) the use of the substance or object will not lead to overall adverse environmental or human health impacts.

Question 11

What is the definition of recovery according to the Waste Frame Directive?

Answer 11

‘recovery’ means any operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfill a particular function, or waste being prepared to fulfill that function, in the plant or in the wider economy. Annex II of the WFD sets out a non-exhaustive list of recovery operations.

Question 12

What is the definition of disposal according to the Waste Frame Directive?

Answer 12

‘disposal’ means any operation which is not recovery even where the operation has as a secondary consequence the reclamation of substances or energy. Annex I sets out a non-exhaustive list of disposal operations.

Question 13

Energy efficient incineration = recovery, but what limit should the energy efficieny exceeds for being recovery and not disposal?

Answer 13

Recovery, if ’Energy Efficiency’, η> 0.60 (WI plant approved before 2009) or > 0.65 (WI plant approved after 2009)

Question 14

Horizontal legislation:

Explain what Regulation on shipment of waste is and what the objectives are.

Answer 14

The regulation is implementing the Basel Convention which is based on 5 main principles:

1. Every State is free to prohibit import of waste, but then must notify the other contracting States-reflecting the international law principles of sovereignty and obligation to collaborate.
2. Hazardous waste should be disposed of in the State where the waste is generated as far as it is compatible with environmentally sound and efficient management -also named as the principle of rectifying environmental damage at source.
3. Cross border shipment of waste is subject to a Prior Informative Consent, meaning that before waste can be transported cross border, the authorities of the importing State, the exporting State and any transit State must be notified and given a permit -also named as the PIC-principle.
4. All contracting States are obliged to prohibit any export or import of waste to or from none-contracting States.
5. Cross border shipment of waste can only be accepted if it is ensured that the treatment of the waste in the importing State is environmental sound and safe.
   Within EU, the regulation also covers non-hazardous waste and waste for recycling as well as disposal (but following different regimes)

Question 15

Vertical legislation:

What is the objective of the Directive 2000/76/EC on the incinerationof waste (WID)?

Answer 15

The EU imposes strict operating conditions and technical requirementson waste incineration plants and waste co-incineration plants to prevent or reduce air, water and soil pollutioncaused by the incineration or co-incineration of waste.
Operational conditions:
- minimum temperature for the combustion gases in the afterburning chamber
–> 850 ᵒC –Municipal waste
–> 1100 ᵒC –certain types of hazardous waste

• 2 s residence time at the above temperature
  Incomplete burnout causes air emissions of CO and total organic carbon (TOC) in bottom ash to exceed limits
• 3 % is the EU limit for TOC in the bottom ash

Question 16

Vertical legislation:

What is the objective of the Directive 1999/31/EC on the landfill of waste?

Answer 16

• defines the different categories of waste (municipal waste, hazardous waste, non-hazardous waste and inert waste)
• Landfills are divided into three classes:
  
  • -> hazardous waste landfills
  • -> landfills for non-hazardous waste
  • -> landfills for inert waste.
• Obligation to reduce biodegradable waste to landfills to:
• 75% by 2006,
• 50% by 2009,
• 35% by 2016,
• and to treat it before disposal.

Question 17

Vertical legislation:

What is the objective of the Directive 2010/75/EU on Industrial Emissions (IED)?

Answer 17

• The IED is the successor of the IPPC Directive (Integrated Pollution Prevention and Control Directive)
• concerns the minimization of pollution from industrial activities
• industrial installations are required to obtain an integrated permit from the authorities in the EU countries and meet certain basic obligations –> Best Available Techniques (BAT) reference documents, the so-called BREFs

Question 18

Explain the terms:

1) EPR (Extended Producer Responsibility)
2) EPR Scheme
3) PRO (Producer Responsibility Organization)
4) Fee

Answer 18

1) EPR: an environmental policy approach in which a producer’s responsibility for a product is extended to the post-consumer stage of a product’s life cycle
2) EPR scheme: system or scheme set up by one or several producers to implement the EPR principle. Synonyms: compliance scheme
3) PRO: i.e.a collective entity set up by producers or through legislation, which becomes responsible for meeting the recovery and recycling obligations of the individual producers
4) Fee: Price paid by a producer to have its products dealt with through a PRO

Question 19

What are the overall objectives of EPR and Polluter Pays Principle?

Answer 19

Its’ overall objectives cover:
• Integration of environmental costs
• Improved waste management according to the waste hierarchy
• Reduction of the burden on municipalities
• Incentive for producers to take into account environmental considerations along the products’ life, from the design phase to their end-of-life

Question 20

PROs (Producer Responsibility Organizations) potentially exert three main functions which can be executed in different ways. Mention these.

Answer 20

• financing the collection and treatment of the targeted solid waste;
• organizing and supervising these activities;
• managing the corresponding data.

Question 21

Mention some of the targets that the EU waste legislations tries to reach:

Answer 21

• A common EU target for recycling 65% of municipal waste by 2035;
• A common EU target for recycling 70% of packaging waste by 2035;
• A binding landfill target to reduce landfill to maximum of 10% of all waste by 2030;
• A ban on landfilling of separately collected waste;
• Promotion of economic instruments to discourage landfilling ;
• Simplified and improved definitions and harmonised calculation methods for recycling rates throughout the EU;
• Concrete measures to promote re-use and stimulate industrial symbiosis -turning one industry’s by-product into another industry’s raw material;
• Economic incentives for producers to put greener products on the market and support recovery and recycling schemes (eg for packaging, batteries, electric and electronic equipments, vehicles).

Question 22

What are the European Strategy for Plastics in a Circular Economy?

Answer 22

• Actions to improve product design
• Actions to boost recycled content
• Actions to improve separate collection of plastic waste
• Actions to reduce single-use plastics
• Actions to tackle sea-based sources of marine litter
• Actions to monitor and curb marine litter more effectively
• Actions on compostable and biodegradable plastics
• Actions to curb microplastics pollution