EUROCHAMBRES and UEAPME s amendment proposals on the revision of the Waste Framework Directive

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Gavin Nelson
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1 EUROCHAMBRES and UEAPME s amendment proposals on the revision of the Waste Framework Directive Directive 2008/98/EC COM (2015) 595 EUROCHAMBRES and UEAPME s proposals Article 3 is amended as follows: (a) the following point 1a is inserted: '1a. "municipal waste" means Article 3 is amended as follows: (a) the following point 1a is inserted: '1a. "municipal waste" means (b) mixed waste and separately collected waste from other sources that is comparable to household waste in nature, composition and quantity. (b) mixed waste and separately collected waste from other sources such as retail trade, small businesses as defined in EU Recommendation 2003/361/EC, office buildings and institutions (such as schools, hospitals, government buildings) if comparable to household waste in nature, composition and quantity. As to the quantity criterion, a monthly threshold of 1,100 litres of mixed waste shall apply. In practice, legislators must guarantee that mixed waste and separately collected waste from other sources than households such as retail trade, small businesses (according to 2003/361/EC), office buildings and institutions (such as schools, hospitals, government buildings) can be considered as municipal waste if it is similar to household waste as far as its nature, composition and quantity is concerned. As to the last criterion (quantity), a more precise threshold of 1,100 litres of mixed waste per months would assure a clear-cut distinction. Article 5 By-products 1. A substance or object, resulting from a production process, the primary aim of which is Article 5 is amended as follows: (a) in paragraph 1, the introductory phrase is replaced by the following: '1. Member States shall ensure that a substance or object resulting from a production process Article 5 is amended as follows: (a) in paragraph 1, the introductory phrase is replaced by the following: '1. Member States shall ensure that a substance or object resulting from a production process the

2 not the production of that item, may be regarded as not being waste referred to in point (1) of Article 3 but as being a by-product only if the following conditions are met: (a) further use of the substance or object is certain; (b) the substance or object can be used directly without any further processing other than normal industrial practice; (c) the substance or object is produced as an integral part of a production process; and (d) further use is lawful, i.e. the substance or object fulfils all relevant product, environmental and health protection requirements for the specific use and will not lead to overall adverse environmental or human health impacts. 2. On the basis of the conditions laid down in paragraph 1, measures may be adopted to determine the criteria to be met for specific substances or objects to be regarded as a byproduct and not as waste referred to in point (1) of Article the primary aim of which is not the production of that substance or object is considered not to be waste, but to be a by-product if the following conditions are met:'; (b) paragraph 2 is replaced by the following: '2. The Commission shall be empowered to adopt delegated acts in accordance with Article 38a in order to establish detailed criteria on the application of the conditions laid down in paragraph 1 to specific substances or objects.'; primary aim of which is not the production of that substance or object is considered not to be waste, but to be a by-product if the following conditions are met:'; (a) further use of the substance or object is certain; (b) the substance or object can be used directly without any further processing other than normal industrial practice; (c) the substance or object is produced as an integral part of a production process; and (d) further use is lawful, i.e. the substance or object fulfils all relevant product, environmental and health protection requirements for the specific use and will not lead to overall adverse environmental or human health impacts. (b) paragraph 2 is replaced by the following: '2. The Commission shall be empowered to adopt delegated acts in accordance with Article 38a in order to establish detailed criteria on the application of the conditions laid down in paragraph 1 to specific substances or objects.'; UEAPME and EUROCHAMBRES welcome the proposal concerning greater harmonisation and simplification of the legal framework on by-products and end-of-waste status. However, instead of empowering the Commission to establish detailed criteria of the conditions of by-products in delegated acts, these criteria should be set in the proposal. A clear definition must ensure a more uniform interpretation of by-products and waste on a European and national level.

3 The following Article 8a is inserted: paragraph 1, third indent: establish a reporting system to gather data on the products placed on the Union market by the producers subject to extended producer responsibility. Once these products become waste, the reporting system shall ensure that data is gathered on the collection and treatment of that waste specifying, where appropriate, the waste material flows; Paragraph 4: Member States shall take the necessary measures to ensure that the financial contributions paid by the producer to comply with its extended producer responsibility obligations: (a) cover the entire cost of waste management for the products it puts on the Union market, including all the following: costs of separate collection, sorting and treatment operations required to meet the waste management targets referred to in paragraph 1, second indent, taking into account the revenues from re-use or sales of secondary raw material from their products; costs of providing adequate information to waste holders in accordance with paragraph 2; The following Article 8a is inserted: Paragraph 1, third indent: establish a reporting system to gather data on the products placed on the Union market by the producers subject to extended producer responsibility. Once these products become waste, the reporting system shall ensure that data is gathered on the collection and treatment of that waste specifying, where appropriate, the waste material flows; Paragraph 4: Member States shall take the necessary measures to ensure that the financial contributions paid by the producer to comply with its extended producer responsibility obligations: (a) cover, in concert with all actors involved in the product life cycle, including consumers, a fair share of waste management for the products it puts on the Union market, comprising the following: costs of separate collection, sorting and treatment operations required to meet the waste management targets referred to in paragraph 1, second indent, taking into account the revenues from re-use or sales of secondary raw material from their products;

4 costs of data gathering and reporting in accordance with paragraph 1, third indent. costs of providing adequate information to waste holders in accordance with paragraph 2; costs of data gathering and reporting in accordance with paragraph 1, third indent. EUROCHAMBRES and UEAPME welcome the Commission s intention to increase transparency with regard to Extended Producer Responsibility (EPR) schemes and to create a level playing field for all manufacturers within the EU. However, the plans to introduce a reporting procedure for all products that are placed on the European market (Article 8a) would result in additional reporting obligations which could hardly be handled by businesses. Moreover, UEAPME and EUROCHAMBRES strictly oppose the proposal that all costs for waste management have to be borne exclusively by businesses under EPR schemes and suggest that all actors involved in the product life cycle, including consumers, should have their share of responsibility. Considering the amounts of costs and red tape linked to EPR, support measures for SMEs at local level would be necessary. Furthermore, it is still doubtful if, in practice, producers from third countries would adhere to the same standards as companies based in the EU. As European standards are difficult to enforce outside of the Union, EU businesses would suffer additional competitive disadvantages. the following subparagraphs are added to Article 26: 'Member States may exempt the competent authorities from keeping a register of establishments or undertakings which collect or transport quantities of non-hazardous waste not exceeding 20 tonnes annually. The Commission may adopt delegated acts in accordance with Article 38a in order to adapt the threshold for quantities of non-hazardous waste.'; the following subparagraphs are added to Article 26: 'Member States may exempt the competent authorities from keeping a register of establishments or undertakings which collect or transport quantities of non-hazardous waste not exceeding 20 tonnes annually. Member States may exempt the competent authorities from keeping a register of establishments or undertakings which collect or transport quantities of hazardous waste not exceeding 2 tonnes annually.

5 The Commission may adopt delegated acts in accordance with Article 38a in order to adapt the threshold for quantities of non-hazardous waste.'; EUROCHAMBRES and UEAPME welcome that the proposal allows member states to exempt competent authorities from keeping a register of establishments which collect or transport quantities of non-hazardous waste not exceeding 20 tonnes annually. A threshold for the transport of hazardous waste should, however, be also regulated in the framework directive and not in a delegated act. The threshold for transporting hazardous waste should be 2 tonnes annually, under which businesses do not have to keep a register. This threshold is currently in place in Germany. Article 35 Record keeping 1. The establishments or undertakings referred to in Article 23(1), the producers of hazardous waste and the establishments and undertakings which collect or transport hazardous waste on a professional basis, or act as dealers and brokers of hazardous waste, shall keep a chronological record of the quantity, nature and origin of the waste, and, where relevant, the destination, frequency of collection, mode of transport and treatment method foreseen in respect of the waste, and shall make that information available, on request, to the competent authorities. paragraph 1 is replaced by the following: 1. The establishments or undertakings referred to in Article 23(1), the producers of hazardous waste and the establishments and undertakings which collect or transport hazardous waste on a professional basis, or act as dealers and brokers of hazardous waste, shall keep a chronological record of the quantity, nature and origin of that waste, and, where relevant, the destination, frequency of collection, mode of transport and treatment method foreseen in respect of the waste. They shall make that data available to the competent authorities through the electronic registry or registries to be established pursuant to paragraph 4.'; paragraph 1 is replaced by the following: 1. The establishments or undertakings referred to in Article 23(1), the producers of hazardous waste and the establishments and undertakings which collect or transport hazardous waste on a professional basis, or act as dealers and brokers of hazardous waste, shall keep a chronological record of the quantity, nature and origin of that waste, and, where relevant, the destination, frequency of collection, mode of transport and treatment method foreseen in respect of the waste. They shall make that data available to the competent authorities through the electronic registry or registries to be established pursuant to paragraph 4.';

6 The following paragraph 6 is added: 6. The aforementioned paragraphs shall not apply to producers of waste and the establishments and undertakings which collect or transport waste on a professional basis, or act as dealers and brokers of waste, if the quantities of waste produced, collected, transported or traded do not exceeding quantities of 2 tons annually. The current regulation of providing data to the competent authority upon request has proven to be adequate and successful in practice. Extending this obligation in order to make all this data available to the competent authorities would increase the burden for SMEs. Similar to the proposed amendments on article 26, a small amount of hazardous waste should be exempt from making the data available to the electronic registry/the competent authorities. The same threshold of two tons would be coherent. The Commission should state why the current data collection is not sufficient.

JULY Signatories:

JULY Signatories: JULY 2016 The following are the proposed amendements to the Commission s proposal on the Waste Framework Directive by Producer Responsibility Organisations (PROs) for packaging, who represent obliged industry