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Issue 2
3. EU Legislation on Sewage Sludge
4. Packaging and Packaging Waste
5. Disposal of Polychlorinated Biphenyls and Polychlorinated Terphenyls
6. Update on Batteries Legislation 1. Landfill of Waste (return to top of page) Council Directive 99/31/EC - Official Journal L 182, 16.07.1999 - of 26 April 1999 on the landfill of waste is intended to prevent or reduce the adverse effects of the landfill of waste on the environment, in particular on surface water, groundwater, soil, air and human health. It defines the different categories of waste (municipal waste, hazardous waste, non-hazardous waste and inert waste) and applies to all landfills, defined as waste disposal sites for the deposit of waste onto or into land. Landfills are divided into three classes: landfills for hazardous waste; landfills for non-hazardous waste;and landfills for inert waste. In force: on 16 July 1999 Implementation Deadline: 16 July 2001 Objective of the Landfill Directive Main Target Key Provisions of the Landfill Directive 1. The Directive does not apply to:
2. A standard waste acceptance procedure is laid down so as to avoid any risks:
3. The following wastes may not be accepted in a landfill:
4. The Directive set up a system of operating permits for landfill sites. Applications for permits must contain the following information:
5. Member States must ensure that existing landfill sites may not continue to operate unless they comply with the provisions of the Directive as soon as possible. 6. Member States must report to the Commission every three years on the implementation of the Directive. 7. On the basis of these reports the Commission must publish a Community report on the implementation of the Directive. Overall effects of the Landfill Directive
Ancillary Legislation A. Decision 2000/738/EC
- Official Journal L 298, 25.11.2000 B. Proposal for a Decision on acceptance criteria COM(2002)
512 The Landfill Directive will drastically change the way the UK handles waste. The directive was brought into force in the UK on June 15 2002 as the Landfill (England and Wales) Regulations 2002, and since then it has been introduced slowly to give UK industry time to adapt. The first requirement of the regulations was for all landfill operators to submit a conditioning plan by July 16, 2002 which reclassified the site as inert, hazardous or non-hazardous. This is one of the key elements of the directive as previously, UK landfills had been either inert or practised co-disposal of hazardous and non-hazardous material. Now, 'non-hazardous' sites can accept only non-hazardous waste, while 'hazardous' sites can continue co-disposal until 2004, when co-disposal is finally banned. The directive will also ban liquids and certain materials from landfill and tighten site monitoring and engineering standards. It will be supplemented by the new European Waste Catalogue, which has extended the range of materials classified as 'hazardous', and the Waste Acceptance Criteria, which will introduce stringent pre-treatment requirements. Waste management in England and Wales 1998/99
Source: DEFRA 2000b Compared to industrial and commercial waste, which together came to 71 million tonnes 2000/01, the municipal waste stream is relatively small. But as the above table shows, the municipal fraction is trailing behind in terms of recycling and recovery. In addition to this, about 60% of municipal household waste is biodegradable, and therefore a major contributor to the production of the greenhouse gas methane, when landfilled. For these reasons, the Landfill Directive focuses on reducing the impact of municipal waste. UK Implementation targets Because the UK is so dependent on landfill, it has been allowed an extra four years to meet European targets, leading to the following targets based on the weight of biodegradable municipal waste (BMW) landfilled in 1995:
In addition, the government's Waste Strategy 2000, set the following timetable, focusing specifically on recycling and composting:
The Landfill Directive requires substantial changes to the way waste is managed in the UK. As the Landfill Directive requires that, by 2020 at the latest, the amount of biodegradable municipal waste going to landfill be reduced to 35% of the amount of such waste produced in 1995, implementing the changes that will be required to meet them is a major challenge. The UK currently landfill around 23 million tonnes (85%) of municipal waste, and the amount of waste needing to be diverted away from landfill to meet these targets is substantial. This will require a step-change in how the Government deals with municipal waste in the future, and how it increases recycling, composting, and energy recovery. The government hopes that recycling-focused legislation such as the Packaging Waste Directive 94/62/EC to achieve these goals, as will plans announced in 2002's Pre-Budget Report to increase the Landfill Tax by £3 per tonne per year from 2005/06. Then, the government hopes, composting, recycling and incineration will together eventually "crowd out" landfill. Benefits of the Landfill Directive in the UK
Total Compliance Cost of the Landfill Directive in the UK The costs to waste producers of additional waste treatment arising from the requirements of the Directive are estimated at between £135m and £915m per year (Table 1). The largest contribution to these costs derives from the 57 million tonnes per year of non-special solid waste. Table 1: Assessment of annual additional cost of landfill disposal
Source: DEFRA 2000a In addition, preparation of conditioning plans will place a one-off cost of between £7m and £36m on the landfill industry, which largely will be passed back to waste producers through waste disposal charges. Investment in additional gas utilisation is likely to be of the order of £75 to £100m over 8 years, but would be expected to break even over the project life through the sale of electricity. In addition, disbenefits may also arise as a result of the impact of additional processing, recycling and transport of wastes, and from possible health impacts of workers that undertaken additional sorting. Different options for transposing the Directive will also impact costs. |
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The management of specific waste streams represents an important element of the general EU Waste Management Strategy (COM(96) 399) by helping to reduce the impact of waste on the environment, by ensuring that waste is treated in an environmentally sound manner. Action on a specific waste stream is occasioned by its volume, its hazardousness, its treatment properties and its effects on the ecosystem. So far, biodegradable waste has been regulated in order to reduce its negative consequences on the environment (Landfill Directive 99/31/EC). The Sewage Sludge Directive 86/278/EEC, the Organic Farming Regulation (EEC) No. 2092/91 and the eco-label for soil improvers and growing media (Commission Decision 2001/688/EC) are the EU instruments relevant to this waste stream. Advantages of Biodegradable Waste However, if properly regulated and managed, biodegradable waste may contribute towards effective resource management and sustainable development. In particular, biological treatment has the following advantages:
The quantity of municipal solid waste (MSW) generated
in the Community every year amounts to almost 200 million tonnes (Eurostat.
Environment statistics, Pocketbook, Data 1980–1999. OPOCE. Luxembourg,
2001). Depending on local conditions, food and drink habits, climate,
and degree of industrialisation, between 30% and 40% of MSW consists of
food and garden waste, and another 20% to 30% consists of paper and cardboard
waste. In total, between 60% and 70% of MSW can be considered as biodegradable
waste (European Environment Agency (EEA). Environment in the European
Union at the turn of the century. Environmental assessment report No.
2. 1999).
3. EU Waste legislation on Sewage Sludge The Council Directive 86/278/EEC of 12 June 1986 (Official Journal L 181, 04.07.1986) on the protection of the environment, and in particular of the soil, when sewage is used in agriculture, regulates the use of sewage sludge in agriculture in such a way as to prevent harmful effects on soil, vegetation, animals and man. Introduction Sludge originates from the process of treatment of waste water. Due to the physical-chemical processes involved in the treatment, the sludge tends to concentrate heavy metals and poorly biodegradable trace organic compounds as well as potentially pathogenic organisms (viruses, bacteria etc) present in waste waters. Sludge is, however, rich in nutrients such as nitrogen and phosphorous and contains valuable organic matter that is useful when soils are depleted or subject to erosion. The organic matter and nutrients are the two main elements that make the spreading of this kind of waste on land as a fertiliser or an organic soil improver suitable. Sewage sludge has valuable agronomic properties in agriculture. In using the sludge account must be taken of the nutrient needs of plants, without however impairing the quality of the soil and of surface and ground water. Some heavy metals present in sewage sludge may be toxic to plants and man. Objectives
Relevant legislation and policy in relation to the Swage Sludge Directive A. Directive 91/271/EEC on Urban Waste Water Treatment The progressive implementation of the Urban Waste Water Treatment Directive 91/271/EEC in all Member States is increasing the quantities of sewage sludge requiring disposal. From an annual production of some 5.5 million tonnes of dry matter in 1992, the Community is heading towards nearly 9 million tonnes by the end of 2005. This increase is mainly due to the practical implementation of the Directive as well as the slow but constant rise in the number of households connected to sewers and the increase in the level of treatment (up to tertiary treatment with removal of nutrients in some Member States). The Directive sets the following targets for secondary treatment of waste waters coming from agglomerations. Targets of Urban Waste Treatment Directive
There are more stringent provisions for agglomerations discharging into sensitive areas such as fresh waters or estuaries.
On 19 April, the European Commission published a Communication entitled ‘Towards a Thematic Strategy for Soil Protection’. It is a first step in the development of a fully-fledged EU policy on soil protection. Soil erosion, soil degradation and the sealing of soil are all growing problems in the EU. The 6th Environmental Action Programme proposes seven thematic strategies for environmental protection. One of these focuses on soil protection. The Commission issued a Communication on a strategy for soil protection. It describes the problems facing soil use in the EU and it stresses the importance of taking action to improve the situation. It highlights legislative actions that will be taken in different areas, which will have beneficial effects on soil quality:
The Communication also asks Member States together with the European Environmental Agency to set up monitoring systems to improve data on soil contamination. The aim is to increase the knowledge of the actual situation, and to enable best practice exchanges. |
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In 1992, the Commission came forward with a Proposal for a Council Directive on Packaging and Packaging Waste. Following prolonged discussions, the EU Directive on Packaging and Packaging Waste was officially adopted by the European Parliament and the Council on 15th December 1994 and was published in Official Journal L365 on 31st December 1994 (Directive 94/62/EC). The Directive lays down measures aimed at preventing the production of packaging waste in the first place but, once the packaging has been manufactured, it aims to increase the fundamental principles of reusing packaging where possible and recycling and other forms of recovering packaging waste. In force: Since December 1994 Implementation in Member States: not later than 30th June 1996 Definition of Packaging and Packaging Waste The Directive defines ‘Packaging’ within the meaning of Directive 94/62/EC as: All products of any materials of any nature to be used for the containment, protection, handling, delivery and presentation of goods, from raw materials to processed goods, from the producer to the user or the consumer. Packaging therefore consists only of:
Objectives of the Directive
Targets No later than 5 years from the date the directive is implemented into national law (by 31st July 2001) Member States should introduce systems for the return and/or collection of used packaging. The directive defined the following targets:
Six months prior the end of the first 5-year phase the Council had to fix targets for the second five-year phase. This process was to be repeated every five years. In addition, no later than 10 years from the date the Directive was implemented (by 31st July 2006) a percentage of packaging waste will be recovered and recycled.
Source: EUROPEN, April 2002 [updated by EurActiv 17 March 2003]
Source: www.defra.gov.uk/environment/waste/topics/packaging/faq.htm On 20 November 2003, Elliot Morley, Minister for Environment and Agri-Environment, announced new Government recovery and recycling targets. The Government intends to increase the business targets for packaging waste from the present 59% recovery and 19% material-specific recycling as follows:
Source: http://www.defra.gov.uk/news/2003/031120a.htm Cost to UK Producers Current estimates of the additional cost of meeting the European Commission's proposed recovery and recycling targets for packaging waste (with a 2006 deadline) are £458 million to £656 million over five years. It is also estimated that an extension of the deadline from 2006 to 2007 would save obligated business in the UK between £28 million and £36 million. An extension to 2008 would save between £68 million and £84 million. In addition, economists estimate that if the targets were to increase beyond those proposed by the European Commission, as has been proposed by the European Parliament, each one percentage point increase would cost UK businesses approximately an additional £53 million. UK Government View The UK strongly supports the structure and scope of the Common Position reached in October 2002. Given the two-year delay in agreeing new targets and the step change in recycling suggested, the UK strongly holds to the Council’s proposal for 2008 deadline. This position is supported by British businesses, the major compliance schemes and the Government’s independent Advisory Committee on Packaging. Significantly higher recycling targets and a timeframe less than 2008 could cause difficulties to the UK. The Government supports the setting of more challenging targets (60% recovery and 55% recycling) but these must be realistic and achievable. In fact, in order to meet higher targets, additional infrastructure to collect household packaging waste will have to be put in place. In addition to the lead times necessary to achieve this, it is important to allow time for the new infrastructure to come on stream and enable the collection of significantly more quantities of packaging from the Household waste stream, which is ultimately an essential step to meeting higher targets. The shorter the deadline, the higher the costs to industry would be to achieve the agreed results. The UK Government has had difficulty in identifying any significant benefits that would accrue from earlier deadlines. Implementation in the UK The Packaging Directive has been transposed into UK law
through the 1999 Producer Responsibility Obligations (Packaging Waste)
Regulations
1997 on which DEFRA had the lead and through the 2003 Packaging (Essential
Requirements) Regulations
1998, on which DTI had the lead. The UK and France are the only two
Member States to actively enforce the Essential Packaging Requirements
in domestic law. Companies usually fulfil their obligation by buying Packaging Waste Recovery Notes (PRNs). PRNs are issued by reprocesses/recyclers accredited by the Environment Agency. PRNs have a market value which accords to the amount of demand for the notes that relate to the amount in supply, the UK targets for that year, and the amount companies or compliance schemes have already bought. PRN prices are at an all time low due to excess supply. Nevertheless, they are expected to rise substantially over the next 5 years. PERNS are also issued for the export of packaging waste to approved reprocessors overseas. History of the Directive The Community first introduced measures on the management of packaging waste in the early 1980s. Directive 85/339/EEC of 27 June 1985 covered the packaging of liquid beverage containers but it was too vague to bring about the effective harmonization of national policies and was repealed by Directive 94/62/EC on 31st December 1994. Only some EU Member States introduced measures on packaging and packaging waste management with a view to reducing their environmental impacts. Serious Internal Market problems arose when cheap secondary materials from countries with recycling schemes, which provided funding for collection and recycling, appeared on the markets of other Member States where no such schemes were in place. Collection and recycling activities that relied on cost recovery through the sale of secondary raw material were threatened by collapse. For this reason, economic operators and Member States approached the Commission to introduce comprehensive legislation on packaging. Revision of 94/62/EC Directive The 94/62/EC Directive is currently being revised. On 7 December 2001 the Commission presented a proposal for an amendment to the directive. The new proposal (COM (2001)729 final) details more ambitious targets for recovery and recycling to be met by 30 June 2006:
The vote (2 July 2003) failed to obtain the 314 votes necessary to pass amendments bringing forward the new deadline and targets for recycling and recovery of packaging waste in the EU. This confirmed the deadline and targets as those set out in the Common Position as 60% recovery and 55% recycling of packaging waste by 31 December 2008. The Commission intends to publish shortly a proposal for a second phase of the review. This will take into account wider issues such as prevention of waste packaging, reuse of packaging and the introduction of a specific reference to producer responsibility as well as any changes to the essential requirements in Annex II of the Directive. The second phase of the revision could take between 1 and 3 years. Ancillary EU legislation on packaging and packaging waste
5. Disposal of Polychlorinated biphenyls and polychlorinated terphenyls (PCB’s/PCT’s) Polychlorinated Biphenyls (PCBs) are among a group of man-made chemicals that are known as Persistent Organic Pollutants (POPs). PCBs were commercially produced world-wide on a large scale from the 1930s to 1980s. Given their extraordinary chemical stability and heat resistance, they were extensively employed as components in electrical and hydraulic equipment and lubricants. They have been used in two types of applications:
In the 1970s, owing to severe concerns pertaining
to their human toxicity, suspected carcinogenicity, and environmental
persistence, several countries limited the use of PCBs. Finally in 1985,
the use and marketing of PCBs in the European Community were very heavily
restricted.
The EU Directive on the Disposal of Polychlorinated biphenyls and polychlorinated terphenyls (PCB’s/PCT’s) was officially adopted by the European Parliament and the Council on 16th September 1996 and was published in Official Journal L243 on 24th September 1996 (Directive 96/59/EC) The Directive aims to approximate the laws of the Member States on the controlled disposal of PCBs, the decontamination or disposal of equipment containing PCBs and/or the disposal of used PCBs in order to eliminate them completely. In force: Since September 1996 Implementation in Member States: not later than 16 March 1998 Definition of Polychlorinated biphenyls and polychlorinated
terphenyls The Directive defines ‘PCB’s’ within the meaning of Directive 96/59/EC as: Objectives of the Directive
Targets Directive 96/59/EC on the disposal of PCBs and PCTs aims to completely dispose of PCBs and equipment containing PCBs as soon as possible, and for big equipment before the end of 2010. This Directive sets the requirements for an environmentally sound disposal of PCBs. Member States must create an inventory of big equipment containing PCBs, adopt a plan for disposal of inventoried equipment, and draw up outlines for collection and disposal of non inventoried equipment (small electrical equipment very often present in household appliances manufactured before the ban on marketing of PCBs). The Commission has also adopted a Community Strategy on PCBs aimed at reducing their release into the environment and introduction in to food chains. UK Position It was estimated that in 1999 a maximum of 8,000 tonnes of PCBs remain in the UK for disposal. This estimate has been made by deducting the amount of known disposals and exports from the amount of PCBs known to have been produced or imported. The actual figure may well be less. The most likely sources of PCB wastes are items of electrical equipment (transformers and capacitors), which may be bulky items to handle. It is estimated that a significant proportion of UK PCBs is held in some 1,800 transformers and 450,000 capacitors. The UK Government intends to deal with identifiable PCBs and related substances by applying a set of bans:
On 4th May 2000 the Environmental Protection (Disposal
of Polychlorinated Biphenyls and other Dangerous Substances) (England
and Wales) Regulations 2000 came into force in England and Wales.
It stated that no person shall, after 31 December 2000, hold:
History of the Directive In 1990, at the Third International North Sea Conference, the UK and other North Sea states agreed to phase out and destroy identifiable Polychlorinated Biphenyls (PCBs) by the end of 1999. Following this, the Paris Commission, which is responsible for measures to tackle land based sources of pollution of the North East Atlantic, agreed a Decision on PCBs in 1992. This confirmed the end of 1999 as the date for phase-out by North Sea countries and set a target date of 2010 for those non-North Sea countries which were party to the Paris Convention. 6. Update on Batteries Legislation On 25 November 2003, the European Commission adopted a Proposal for a new Battery Directive (COM(2003) 723 final). Directive 91/157/EEC had limited scope as it only covered certain batteries – only 7% of all portable batteries placed on the EU market annually. It did not set collection targets and failed to adequately control the risks posed by batteries in the waste stream. Therefore, many batteries still ended up in the waste stream – in 2002, 45% of portable batteries sold in the CU went to landfill or incineration. The new Directive applies to all batteries and accumulators placed on the market. It establishes a closed-loop system so member states have to avoid final disposal and achieve high levels of collection and recycling.
Collection:
Targets:
Recycling: Under closed loop in principle all batteries collected separately should be recycled so target are 100% but allow a maximum of 10% to be exempt (batteries not in a condition to be recycled) Resource savings generated through recycling: Financing: In line with the producer responsibility principle, the producers should finance the collection and treatment requirements. Member states keep a national register of all battery producers and importers and each producer must guarantee that management of spent batteries will be financed. Targets become legally binding 4 years after the date of transposition (the days of entry into the Official Journal plus 18months). There are 6 EU countries already running collection schemes and 4 have already met the target of 160grams. Belgium already collects 230g – the UK collects only 2g. Producers dispute the draft legislation, wanting a target of 110g (not 160g). They also dispute the 55% recycling rate for portable batteries as industry says this will fail because it can’t be measured that accurately. DEFRA (2000a) The Implementation of Council Directive 1999/31/EC on the Landfill of Waste, DEFRA, London. DEFRA (2000b) Waste Strategy 2000 for England and Wales, DEFRA, London.
Web sites: www.letsrecycle.com |
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