Explanatory Memorandum to COM(2014)397 - Amendment of Directives 2008/98/EC, 94/62/EC, 1999/31/EC, 2000/53/EC, 2006/66/EC, and 2012/19/EU on waste - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2014)397 - Amendment of Directives 2008/98/EC, 94/62/EC, 1999/31/EC, 2000/53/EC, 2006/66/EC, and 2012/19/EU on waste. |
|---|---|
| source | COM(2014)397  |
| date | 02-07-2014 |
The Union’s economy currently loses a significant amount of potential secondary raw materials which are found in waste streams. In 2011, total waste production in the EU amounted to approximately 2.5 billion tons. By way of example, only a limited share (40%) of the municipal waste generated in the Union was recycled, with the rest being landfilled (37%) or incinerated (23%) of which around 500 million tons could have been otherwise recycled or reused. The Union thus misses out on significant opportunities to improve resource efficiency and create a more circular economy leading to economic growth and jobs which in turn would reduce greenhouse gas emissions and its dependency on imported raw materials.
The Union also faces an implementation gap amongst its Member States. In 2011, while six Member States landfilled less than 3% of their municipal waste, 18 lost resources by landfilling over 50%, with some exceeding 90% of landfilling. This shows large divergences in terms of waste management performances which need to be redressed as a matter of urgency.
Recent trends suggest that further progress on resource efficiency is possible and that it can bring major economic and social benefits. Turning waste into a resource is an essential part of increasing resource efficiency and closing the loop in a circular economy.
European legislation and particularly the setting of legally binding targets has been a key driver to improve waste management practices, stimulate innovation in recycling, limit the use of landfilling, and create incentives to change consumer behaviour. Taking waste policy further can bring significant benefits coming from sustainable growth and job creation at relatively low cost, while contributing to a better environment.
This proposal responds to the legal obligation to review the waste management targets of three Directives: Directive 2008/98/EC on waste[1], Directive 1999/31/EC on the landfill of waste i, and Directive 94/62/EC on packaging and packaging waste[3]. In doing so, it addresses the above-mentioned situation in line with the objectives of the Resource Efficiency Roadmap i and the 7th Environment Action Programme[5], including full implementation of the waste hierarchy[6] in all Member States, decline in absolute and per capita waste generation and the development of a comprehensive strategy to combat unnecessary food waste, ensuring high quality recycling and the use of recycled waste as a major, reliable source of raw material for the Union, limiting energy recovery to non-recyclable materials, and limiting landfilling to non-recoverable waste. It also contributes to the implementation of the EU Raw Materials Initiative[7].
In addition, the proposal includes elements of simplification of the reporting requirements included in Directives 94/62/EC on packaging and packaging waste, 2000/53/EC on end-of-life vehicles[8], and 2006/66/EC on batteries and accumulators and waste batteries and accumulators[9].
Contents
- RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS
- LEGAL ELEMENTS OF THE PROPOSAL
- BUDGETARY IMPLICATION
- 1.1 General Context
- 1.2 Grounds for and objectives of the proposal
- 2.1 Studies
- 2.2 Internal consultation
- 2.3 External consultation
- 2.4 Impact assessment
- 3.1 Summary of the proposed action
- 3.2 Legal basis and right to act
- 3.3 Subsidiarity and proportionality principle
- 3.4 Explanatory documents
- 3.5 Delegated and implementing powers of the Commission
Three main studies carried out over the last two years underpinned the impact assessment and the legal proposal[10] by assessing the technological, socio-economic and cost-benefit related to the implementation and further development of EU waste legislation.
An Impact Assessment Steering Group was created on 16 April 2012. The following DG’s were invited to participate in 5 meetings of the Impact Assessment Steering Group: SG, ECFIN, ENTR, CLIMA, JRC, and ESTAT. The Impact Assessment Steering Group followed the preparation of the Impact Assessment.
An indicative list of issues to be tackled was developed by the Commission and the first interviews with key stakeholders started in February 2013. An online public consultation was launched in June 2013, closing in September 2013 in line with the minimum standards for consultation.
670 responses were submitted, reflecting high public concern about the waste management situation in the EU and high expectations for EU action in this area.
An impact assessment report and an executive summary are published together with the present proposal. The impact assessment evaluates the main environmental, social and economic impacts of various policy options to improve the waste management records in the EU. Various levels of ambition are assessed and compared to a 'baseline scenario' in order to identify the most appropriate instruments and targets while minimizing costs and maximizing benefits.
The Commission’s Impact Assessment Board delivered a positive opinion on the impact assessment on 8 April 2014, while making a number of recommendations to fine-tune the report. The Board requested to further clarify the problem definition and the need for new mid-term targets, strengthen the arguments in favour of a landfill ban from a subsidiarity and proportionality point of view and of uniform targets for all Member States, and explain in more detail how the varying performances of Member States are taken into account in the proposal.
Further consideration of the policy options set out in the impact assessment has led to the conclusion that the combination of Options 2 and 3.7 will bring the following benefits:
– Administrative burden reduction in particular for small establishments or undertakings, simplification and better implementation including by keeping targets ‘fit for purpose’;
– Job creation – more than 180.000 direct jobs could be created by 2030, most of them impossible to delocalize outside the EU;
– GHG emission reduction – around 443 millions of tons of GHG could be avoided between 2014 and 2030;
– Positive effects on the competitiveness of the EU waste management and recycling sectors as well as on the EU the manufacturing sector (better EPR, reduced risks associated with raw material access);
– Reinjection into the EU economy of secondary raw materials which in turn will reduce the dependency of the EU on raw materials imports
The main amendments of the proposal are:
– Alignment of definitions and removal of obsolete legal requirements;
– Simplification and streamlining of reporting obligations;
– Introduction of an Early Warning System for monitoring compliance with the recycling targets;
– Introduction of minimum operating conditions for Extended Producer Responsibility;
– Increase of the preparing for re-use and recycling target for municipal waste to 70% by 2030;
– Increase of the packaging waste re-use and recycling targets;
– Restrict the landfilling of non-residual municipal waste by 2030;
– Alignment to Articles 290 and 291 TFEU on delegated and implementing acts.
The above would set the necessary legal framework for Member States’ policies and legislation to develop in the field of waste prevention and recycling.
This Directive amends six Directives addressing the management of different wastes. Four of these Directives (Directive 2008/98/EC, Directive 1999/31/EC, Directive 2000/53/EC and Directive 2012/19/EU) were adopted on the basis of Article 192(1) TFUE, whilst Directive 2006/66/EC was adopted on the basis of both Article 192 i and Article 114 TFUE and Directive 94/62/EC on the basis of Article 114 TFUE. Therefore, this Directive is based on Article 192(1) TFUE and on Article 114 TFUE in relation to Article 2.
Article 11 i of Directive 2008/98/EC sets down a 50% target for preparing for re-use and recycling of household and similar waste and a 70% target for preparing for re-use, recycling and other material recovery of non-hazardous construction and demolition waste by 2020. Pursuant to Article 11 i, by 31 December 2014 at the latest, the Commission shall examine those targets with a view to, if necessary, reinforcing them and considering the setting of targets for other waste streams, taking into account the relevant environmental, economic and social impacts of setting the targets. According to Article 9(c), the Commission should set, by the end of 2014, waste prevention and decoupling objectives for 2020, based on best available practices including, if necessary, a revision of the indicators referred to in Article 29 i. Finally, pursuant to Article 37 i, in the first report that intervenes by 12 December 2014, the Commission shall assess a number of measures including producer responsibility schemes for specific waste streams, targets, indicators and measures related to recycling, as well as material and energy recovery operations that may contribute to fulfilling the objectives set in Articles 1 and 4 more effectively.
Article 5 i of Directive 1999/31/EC sets down three targets for the diversion of biodegradable municipal waste from landfills and bans the landfilling of certain waste streams. The last target for the diversion of biodegradable municipal waste from landfills has to be met by the Member States by 16 July 2016. Pursuant to Article 5 i, it shall be re-examined by 16 July 2014 with a view to confirming or amending it in order to ensure a high level of environmental protection and in light of the practical experience gained by Member States in the pursuance of the two previous targets.
Article 6(1) of Directive 94/62/EC sets down targets for the recovery and recycling of packaging waste which, pursuant to Article 6(5), shall be fixed every five years based on the practical experience gained in Member States and the findings of scientific research and evaluation techniques such as life-cycle assessments and cost-benefit analysis.
The proposal is in conformity with the subsidiarity and proportionality principle set out in Article 5 of the Treaty on the European Union. It is limited to amending the abovementioned Directives by providing a framework establishing shared objectives, while leaving Member States free to decide about precise implementation methods.
The Commission considers that explanatory documents are necessary in order to improve the quality of information on the transposition of the Directive for the following reasons.
Waste legislation is often transposed in a highly decentralised manner in the Member States, including on the regional or local level and in multiple legal acts, depending on the administrative structure of a Member State. As a result, in transposing the amended Directives Member States may have to amend a wide variety of legislative acts at national, regional and local levels.
This Directive amends six different waste Directives and affects an important number of legally binding obligations, including a comprehensive amendment of the targets contained in the Waste Framework Directive, the Landfill Directive, and the Packaging Directive and a simplification of the WEEE, ELV and Batteries Directives. This is a complex review of waste legislation that will potentially affect a number of pieces of national legislation.
The revised targets for waste management contained in the amended Directives are inter-connected, and as such should be carefully transposed into national legislation and later on incorporated into the national waste management systems.
The provisions of the amended Directives will affect a wide range of private and public stakeholders in the Member States and will have an important impact on planned investments and future infrastructures in the waste management systems. The complete and correct transposition of the amended Directives is essential to guarantee that their objectives (i.e. protecting human health and the environment, increased resource efficiency, and ensuring the functioning of the internal market and avoiding obstacles to trade and restriction of competition within the EU) are achieved.
The above factors are likely to increase the risks of incorrect transposition and implementation of the Directive, and complicate the Commission’s task of monitoring the application of EU law. Clear information with respect to the transposition of the revised waste Directives is instrumental in ensuring the conformity of national legislation with their provisions.
The requirement to provide explanatory documents may create an additional administrative burden on some Member States. However, explanatory documents are necessary to allow effective verification of complete and correct transposition, which is essential for the reasons mentioned above, and there are no less burdensome measures to allow efficient verification. Moreover, the explanatory documents can contribute significantly to reducing the administrative burden of compliance monitoring by the Commission; without them, considerable resources and numerous contacts with national authorities would be required to track the methods of transposition in all Member States. Hence, the possible additional administrative burden of providing explanatory documents is proportionate to the aim pursued, namely to ensure effective transposition and fully achieve the objectives of the revised Directives.
In view of the above it is appropriate to ask Member States to accompany the notification of their transposition measures with one or more documents explaining the relationship between the provisions of this Directive amending the waste legislation and the corresponding parts of national transposition instruments.
Paragraphs 2, 3, 5, 7, 8, 13, 14, 16, 18, 20, 21 of Article 1, paragraphs 2, 5, 6, 8, 9 of Article 2, paragraphs 6 and 7 of Article 3, the amendment proposed in Article 4, and paragraph 1 of Article 6 of this Proposal identify the delegated and implementing powers of the Commission in Directives 2008/98/EC, 94/62/EC and 1999/31/EC, respectively, and establish the corresponding procedures for adoption of these acts.
The proposal will not have an impact on the European Union budget and is therefore not accompanied by the financial statement provided for under Article 31 of the Financial Regulation (Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No1605/2002).