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LEGAL AND FINANCIAL SOLUTIONS FOR HOUSEHOLD WASTE MANAGEMENT

LEGAL AND FINANCIAL SOLUTIONS FOR HOUSEHOLD WASTE MANAGEMENT. Jean-Pierre HANNEQUART Directeur Général IBGE / Président ACR+ KIEV,25-26 NOVEMBER 2013. PLAN. A/ LEGAL FRAMEWORK THE BASIC LEGAL OBLIGATIONS FOR WASTE THE WASTE HIERARCHY PRINCIPLE THE WASTE PREVENTION PRINCIPLE

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LEGAL AND FINANCIAL SOLUTIONS FOR HOUSEHOLD WASTE MANAGEMENT

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  1. LEGAL AND FINANCIAL SOLUTIONS FOR HOUSEHOLD WASTE MANAGEMENT Jean-Pierre HANNEQUART Directeur Général IBGE / Président ACR+ KIEV,25-26 NOVEMBER 2013

  2. PLAN A/ LEGAL FRAMEWORK • THE BASIC LEGAL OBLIGATIONS FOR WASTE • THE WASTE HIERARCHY PRINCIPLE • THE WASTE PREVENTION PRINCIPLE • THE WASTE RECYCLING/RECOVERY TARGETS B/ ECONOMIC FRAMEWORK • GLOBAL VIEW ON ECONOMIC INSTRUMENTS • ECONOMICS INSTRUMENTS AT PRODUCT LEVEL • ECONOMICS INSTRUMENTS AT WASTE LEVEL • THE EXTENDED PRODUCER RESPONSABILITY

  3. A / LEGAL FRAMEWORK Event Title, Date

  4. Framework Legislation Waste Shipment Regulation (EEC/259/93) Waste Framework Directive (2008/98/EC) Waste Treatment Operations recycling standards (future, based on WFD) Incineration Directive (2000/76/EC) Landfill Directive (1999/71/EC) Waste Streams Batteries & Accumulators (2006/66/EC) Packaging & Packaging Waste (94/62/EC) End-of-Life Vehicles (2000/53/EC) Electrical & Electronic Equipment (2000/96/EC) Sewage Sludge (75/439/EEC) Mining Waste (2003/319/EC) PCBs, PCTs (96/59/EC) BASIC LEGAL OBLIGATIONS (1) GLOBAL LEGAL VIEW ON EU WASTE LAW . Restrictions on the Use of Hazardous Substances in WEEE (2002/95/EC)

  5. Waste management without endangering human health, harming the environment and: Without risk to water, air, soil, plants or animals Without causing a nuisance (noise, odours) Without adversely affecting countryside or places of special interest Prohibition of abandonment, dumping, uncontrolled disposal of waste Permit requirement for waste treatment facilities Traceability of hazardous waste Waste Management Plans by Member States BASIC LEGAL OBLIGATIONS (2)

  6. THE WASTE HIERARCHY PRINCIPLE (1) (Article 4 /Directive 2008/98) The following waste hierarchy shall apply as a priority order (a) prevention; (b) preparing for re-use; (c) recycling (d) other recovery, e.g. energy recovery; and (e) disposal.

  7. PRODUCT (NON-WASTE) PREVENTION PREPARING FOR RE-USE WASTE RECYCLING RECOVERY SAFE DISPOSAL THE WASTE HIERARCHY PRINCIPLE (2) ORDER OF PRIORITIES = BEST ENVIRONMENTAL OUTCOME ( LIFE CYCLE THINKING)

  8. THE WASTE HIERARCHY PRINCIPLE (3) …priority order…in legislation and policy… (art.4/Directive 2008/98) ==> legally binding hierarchy for treatment investments ==> legally binding hierarchy for waste subventions

  9. THE WASTE HIERARCHY PRINCIPLE (4) …priority order…except… If it’s not “ the best overall environmental outcome” If it’s “ justified by life-cycle thinking” (art.4§2 / Directive 2008/98) LCT can and should be applied to waste management as an essential complement to the waste hierarchy in view of its ability to integrate all the variables that influence the environmental performance LCA is a tool used to evaluate the potential environmental impacts of a product, process or activity throughout its entire life cycle by quantifying the use of resources and environmental emissions

  10. THE WASTE PREVENTION PRINCIPLE (1) Article 3 (12) / DIRECTIVE 2008/98 : “Waste Prevention" means …measures taken before waste is created…including the re-use of products that reduce:  a) the quantity of waste  b) the adverse impacts of generated waste   c) the content of harmful substances in the waste • PREVENTION MUST BE QUANTITATIVE & QUALITATIVE • PREVENTION INCLUDES THE RE-USE OF PRODUCTS

  11. 3 RE-USE LEVELS THE WASTE PREVENTION PRINCIPLE (2)

  12. THE WASTE PREVENTION PRINCIPLE (3) • WASTE PREVENTION IS NOT « MINIMIZATION OF WASTE  »

  13. THE WASTE PREVENTION PRINCIPLE (4) Article 11 (Directive 2008/98) Member States shall take measures, as appropriate, to promote the re-use of products and preparing for re-use activities, notably by encouraging the establishment and support of re-use and repair networks, the use of economic instruments, procurement criteria, quantitative objectives or other measures. Article 29: Member States shall establish… waste prevention programmes no later than 12 December 2013.

  14. ( WASTE PREVENTION PROGRAMMES) Member States shall determine appropriate and specific qualitative or quantitative benchmarksfor waste prevention measures in order to monitor and assess the progress of the measures and may determine specific qualitative or quantitative targets and indicators…others than those fixed by “comitology”… (art.29 /directive 2008/98) THE WASTE PREVENTION PRINCIPLE (5) 3 CONCEPTS ARE REQUIRED • BENCHMARKS = comparisons of performances and methods with the goal of assessing and improving waste prevention • TARGETS = objectives for levels of performance • INDICATORS = instruments for measurement and verification of targets «Benchmarking» is a legal obligation: Member States «shall» build both «qualitative or quantitative» standards Some quantitative targets and indicators could be harmonized: this must be done by a European regulatory procedure

  15. THE WASTE PREVENTION PRINCIPLE (6) Which targets ?

  16. THE WASTE PREVENTION PRINCIPLE (7) EX: BIOWASTE PREVENTION VIA GREEN GARDENING EU BENCHMARK -10 (of 90) kg

  17. THE WASTE PREVENTION PRINCIPLE (8) EX: ACT AGAINST FOOD WASTAGE(food = 20-30% of total CO2 emissions) EU BENCHMARK -10 (of 30) kg

  18. THE WASTE PREVENTION PRINCIPLE (9) EX: COMPOSTING AT SOURCE(individuals, neighbourhood, green areas) EU BENCHMARK -20 (of 100) kg

  19. THE WASTE PREVENTION PRINCIPLE (10) EX: PACKAGING WASTE PREVENTION VIA TAP WATER PROMOTION EU BENCHMARK -2 (of 6) kg

  20. THE WASTE PREVENTION PRINCIPLE (11) EX: PAPER WASTE PREVENTION VIA THE REDUCTION OF UNWANTED MAIL EU BENCHMARK -4 (of 15) kg

  21. THE WASTE PREVENTION PRINCIPLE (12) EX: OFFICE DEMATERIALISATION EU BENCHMARK -9 (of 75) kg

  22. THE WASTE PREVENTION PRINCIPLE (13) PARTICIPATE IN THE EUROPEAN WEEK FOR WASTE REDUCTION Engagements labeled as “EWWR actions” through a registration process based on common criteria across Europe Themes include: • Too much waste • Better production • Better consumption • A longer life for products • Less waste thrown away Organizers include: Andorra-Vlaanderen (BE), Brussels Gewest (BE), Wallonie (BE), Estonia, France, Ireland, Italië, Portugal, Catalonia (ES), Gipuzkoa (ES), Asturias (ES), lles Balears (ES), Valencia (ES), Navarra (ES), Zweden, Greater London (UK), Belfast (UK), Wales (UK), Scotland (UK) and more! www.ewwr.eu

  23. Framework Legislation Waste Framework Directive (2008/98/EC) Waste Treatment Operations Landfill Directive (1999/71/EC) Waste Streams Batteries & Accumulators (2006/66/EC) Packaging & Packaging Waste (94/62/EC) End-of-Life Vehicles (2000/53/EC) Electrical & Electronic Equipment (2000/96/EC)) THE WASTE RECYCLING/RECOVERY TARGETS(1) Recycling = any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original or other purposes. It includes the reprocessing of organic material but does not include energy recovery and the reprocessing into materials that are to be used as fuels or for backfilling operations. ART 11

  24. THE WASTE RECYCLING/RECOVERY TARGETS (2) (Art. 11/DIRECTIVE 2008/98 «  By 2020, the preparing for re-use and recycling of: • 50% by weight of at least paper, metal, plastic and glassfromhouseholdand possiblyotherorigins as far as thesewastestreams are similar to wastefromhouseholds; • 70% by weight of non-hazardousconstruction & demolitionwaste (… can include transition periods for Member States which, in 2008, recycled less than 5 % of either categories of waste ”)

  25. Check presentation from EC THE WASTE RECYCLING/RECOVERY TARGETS(3)

  26. THE WASTE RECYCLING/RECOVERY TARGETS(4)

  27. THE WASTE RECYCLING/RECOVERY TARGETS (5)

  28. THE WASTE RECYCLING/RECOVERY TARGETS (6)  DIRECTIVE 94/62 amended by 2004/12 on «PACKAGING» 55% - 80% including min.: • 60% glass • 60% paper • 50% metal • 22,5% plastic • 15% wood

  29. THE WASTE RECYCLING/RECOVERY TARGETS (7) LOOK AT LRAS PERFORMANCES

  30. B / ECONOMIC FRAMEWORK

  31. GLOBAL VIEW OF ECONOMIC INSTRUMENTS Subsidies / Financial aids Tax rebates Eco-taxes Alternative currency Green certificates EPR fees Deposit refunds Raw material taxes Life cycle Waste collection taxes (PAYT) Incineration taxes Landfill taxes Tax rebates Subsidies

  32. ECONOMICS INSTRUMENTS AT WASTE LEVEL (1) • property taxes • waste service fees • user-based fees • …PAYT

  33. cfr. Dresden-Germany:BEFORE AND AFTER « PAYT » 2007 2008 Total 318 kg 281 Residual 228 148 Recyclables 90 133 PAYT examples: ECONOMICS INSTRUMENTS AT WASTE LEVEL (2) • Cfr Bjuv-Sweden : WEIGHT-BASE FEE (kg/household/year) 1999 2000 WasteCollected 302 kg 245 ResidualWaste 246 136 RecycledWaste 56 109 • Cfr . FLANDERS +/-0.60 EUR per grey waste bags (1993-1996) Separate waste +82 to +155 kg/inh/y Residual waste -22 to -140 kg/inh/y Source : EUNOMIA /REICHENBACH

  34. ECONOMICS INSTRUMENTS AT WASTE LEVEL (3) Source:EUNOMIA

  35. ECONOMICS INSTRUMENTS AT PRODUCT LEVEL (1) ECOTAXES Examples: • Danish and Dutch taxes on packaging based on “environmental impacts” • Irish tax on plastic bags • French VAT reduction on reuse products and activities • Some local German taxes on one-way items

  36. ECONOMICS INSTRUMENTS AT PRODUCT LEVEL (2) MANDATORY DEPOSIT: examples • Scandinavian systems on packaging • German deposit (2005-2006) on all one way containers for beer, water and soft drinks (except ecologically advantageous packaging)

  37. ECONOMICS INSTRUMENTS AT PRODUCT LEVEL (3) • EXTENDED PRODUCER RESPONSIBILITY (EPR) • = a policy approach in which a producer’s responsibility for a product is extended to the post-consumer stage of a product’s life cycle (OECD) • Objectives: • Design of environmentally sound products • Integration of environmental costs • Improved waste management and recycling

  38. ECONOMICS INSTRUMENTS AT PRODUCT LEVEL (4) Some Member States • Packaging • Batteries & accumulators • End-of-life vehicles • Electric & electronic equipment • Paper • Pharmaceuticals • Textiles • Tyres • Waste oils • Pesticides • Furniture • … EU Directives • (Packaging ) • Batteries & accumulators • End-of-Life vehicles • Electric & electronic equipment Various EPR Schemes

  39. ECONOMICS INSTRUMENTS AT PRODUCT LEVEL (5) Producers have to: - Reach (ind. or coll. ) collection targets - Considerwastemgt at the conception phase - Finance household WEEE treatment Various EU rules onEPR WEE Directive Producers have to: - Reach collection targets - Finance information campaigns BATTERIES Directive • Ec. Operators have to: • - put in place collection schemes • reach quantitative reuse-recyclingtargets ELV Directive Packaging Directive Shared responsibility • OR Management of returned products • OR Financial responsibility for such activities • OR Information about “re-usability” or “recyclability” • OR Design of products to reduce their environmental impacts WASTE FRAMEWORK DIRECTIVE

  40. ECONOMICS INSTRUMENTS AT PRODUCT LEVEL (6) Evolution of total contributions perceived for regulated EPR streams (except tires) in France, between 1992 and 2015 Packaging < 50% From 1,4 Bncollected +/- 700 M redistributed to municipalities (Total costs for MSW +/- 7 Bn) Emballages > 90%

  41. jphannequart@environnement.irisnet.be Gulledelle 100 1200 Brussels 32.2.775.76.02

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