Revision of Directive 2008/98/EC on waste (Waste Framework Directive) and of Directive 1999/31/EC on landfill of waste A EURELECTRIC position paper January 2017
EURELECTRIC is the voice of the electricity industry in Europe. We speak for more than 3,500 companies in power generation, distribution, and supply. We Stand For: Carbon-neutral electricity by 2050 We have committed to making Europe s electricity cleaner. To deliver, we need to make use of all low-carbon technologies: more renewables, but also clean coal and gas, and nuclear. Efficient electric technologies in transport and buildings, combined with the development of smart grids and a major push in energy efficiency play a key role in reducing fossil fuel consumption and making our electricity more sustainable. Competitive electricity for our customers We support well-functioning, distortion-free energy and carbon markets as the best way to produce electricity and reduce emissions cost-efficiently. Integrated EU-wide electricity and gas markets are also crucial to offer our customers the full benefits of liberalisation: they ensure the best use of generation resources, improve security of supply, allow full EU-wide competition, and increase customer choice. Continent-wide electricity through a coherent European approach Europe s energy and climate challenges can only be solved by European or even global policies, not incoherent national measures. Such policies should complement, not contradict each other: coherent and integrated approaches reduce costs. This will encourage effective investment to ensure a sustainable and reliable electricity supply for Europe s businesses and consumers. EURELECTRIC. Electricity for Europe. Dépôt légal: D/2017/12.105/2
Revision of Directive 2008/98/EC on waste (Waste Framework Directive) and of Directive 1999/31/EC on landfill of waste A EURELECTRIC position paper January 2017 KEY MESSAGES In many EU Member States, there are still no rules concerning by-products or end-of-waste status for specific materials. In addition, competent authorities have chosen different ways to implement a by-product or end-of-waste status at the national level. These range from simple verification (such as "placed on the market"), to additional certificates with additional and different testing schemes, to a simple statement such as for example that coal combustion products (CCPs) remain as waste. However, since CCPs are effectively placed on the market, they are subject to obligations under the REACH Regulation as well as the requirements of relevant European standards. EURELECTRIC welcomes the Commission proposal to revise the Waste Framework Directive, in particular the proposals to revise Article 5 on by-products and Article 6 on end-of-waste status. EURELECTRIC would welcome initiatives by the Commission to define the criteria that will determine the consideration of ashes, slags and desulphurisation gypsum as by-products and end-of-waste in order to establish a harmonised framework for their commercialisation in the EU. A periodic monitoring mechanism for all Member States should be established which would trigger action whenever distortions and obstacles to trade in by-products and secondary raw materials in the internal market are identified. EURELECTRIC would also welcome a more flexible approach to temporary storage under the Landfill Directive as this would facilitate the recovery of material in temporary landfill to be then put on the market, in line with the objectives of circular economy. WG By-Product, Residues & Wastes Contact: Hélène LAVRAY, Advisor Renewables & Environment hlavray@eurelectric.org
Background Each year, more than 100 million tonnes of coal and lignite ash and desulphurisation products are produced by power stations across the European Union, in addition to their primary output product, which is electricity. These solid materials, described collectively as coal combustion products (CCPs), can replace natural non-renewable raw materials in many applications such as cement, concrete, aggregates in building and road industries, in mining and other operations (as a construction or fill material), as mineral fillers and, in the case of FGD gypsum, for the production of plasterboard. CCPs are used as a replacement for naturally occurring non-renewable materials in a variety of applications that offer environmental benefits as they avoid the need to quarry or mine for primary resources, as well as a reduction of CO2 emissions during natural materials processing. CCPs can either be used directly as products, in some applications can be considered as byproducts, or can be recovered from stockpiles and mono-landfill sites, and cease to be waste, in line with the requirements of Directive 2008/98/EC on waste (the Waste Framework Directive ). Since they are effectively placed on the market, they are subject to obligations under the REACH Regulation as well as the requirements of relevant European standards. EURELECTRIC has called for many years for a harmonised implementation of the Waste Framework Directive across the EU. This would ensure more clarity as regards the status of coal combustion products (CCPs) which should benefit from the by-products and end-of-waste status, as appropriate. Such a harmonised approach would avoid legal uncertainties and remove barriers within the internal market. A recent EURELECTRIC publication 1 showed that, in many Member States, there are still no rules on by-product or end-of-waste status for specific materials. In addition, competent authorities have chosen different ways to implement a by-product or end-of-waste status. These range from simple verification (such as "placed on the market"), to additional certificates with additional and different testing schemes, to a simple statement, such as for example that CCPs remain as waste. Across the European Union the exact same product can therefore be subject to different requirements for by-products or end-of-waste status, leading to a very narrow market for CCPs as by-product that actually are mainly placed on the wide European market as waste. However, since CCPs are effectively placed on the market, they are subject to REACH obligations and the requirements of relevant European standards. The harmonisation at the European level both for the direct commercialisation of CCPs as byproducts, and for the recovery as end-of-waste in the case of CCPs previously disposed in landfills, would be consistent with the EU s Circular Economy policy objectives and would support its goals. The increase in biomass and waste combustion for heat and power production leads to an increase in biomass ash as well as ash remained after energy recovery of households and industrial waste. Biomass ash could be used as an alternative for raw and construction materials or in or as fertiliser while waste ash could be used as construction materials. As issues are expected, a suitable framework should be envisaged. 1 The implementation of the Waste Framework Directive and CCPs, EURELECTRIC, March 2016; http://www.eurelectric.org/media/269629/eurelectric-wsfd_implementation-final_formatted-2016-2430- 0001-01-e.pdf 1
EURELECTRIC welcomes the Commission s proposals to revise Directive 2008/98/EC on waste and of Directive 1999/31/EC on landfill waste. This is a unique opportunity to raise awareness about problems met by operators in the implementation of the Waste Framework Directive and the Landfill Directive across Europe and to improve the EU regulatory framework in this area. Please find below detailed comments on the respective proposals. Revision of the Waste Framework Directive EURELECTRIC Comments 1. By-products / End-of-waste status EURELECTRIC welcomes the Commission proposals on the revision of Articles 5 and 6. The proposals engage Member States in ensuring by-product status recognition for eligible substances ( Article 5 par. 1 and Article 6 par. 1) and the Commission in establishing criteria regarding the application of the status conditions ( Article 5 par. 2 and Article 6 par. 2). This requirement on Member States should lead to a harmonised consideration across the EU of a substance as a by-product or end-of-waste. In this context the Commission s proposal should be supported. However, a specification is necessary for mitigating the risk that Member States technical regulations (Article 5 par. 3) are neither homogeneous nor recognised in the common market: in par. 3 technical regulations should be set in accordance with the criteria established under Article 5 par. 2. The European Commission should create a common level playing field by defining in particular the originating process and the direct and lawful use for a specific substance (conditions b), c) and d) of par. 1). Member States should however be allowed to define the specific (mainly administrative) rules for validating the conditions status, including the certainty of further use (condition a) of par. 1). EURELECTRIC would welcome initiatives by the Commission to define the criteria that will determine the consideration of ashes, slags and desulphurisation gypsum as by-products and aiming at establishing a harmonised framework for their commercialisation in the EU. Moreover, a clear definition of end-of-waste status for these materials should also be adopted. This would allow the power sector to operate under a harmonised European framework that would avoid excessive administrative burden and obstacles to trade. The legislative framework should also establish a periodic monitoring mechanism for all Member States that would trigger action whenever distortions and obstacles to trade in by-products and secondary raw materials in the internal market are identified. EURELECTRIC would like to draw attention to an EU LIFE+ funded programme EQual: Ensuring quality of waste-derived products to achieve resource efficiency 2. The programme supported businesses to reuse and recycle waste materials into new products while protecting human health and the environment. It provided online tools for waste producers, waste management companies and recycled materials users and regulators, to help them determine if their new products meet regulatory standards. As a result, IsItWaste 3, a by-product and end of waste 2 http://ec.europa.eu/environment/life/project/projects/index.cfm?fuseaction=search.dsppage&n_proj_id= 3981&docType=pdf 3 https://isitwaste.org/equal/en/#/ 2
decision tool, was launched in November 2014 in England. The tool helps businesses decide when a material is no longer waste. The tool has also been introduced in the Netherlands 4. EURELECTRIC supports the establishment of such a platform at EU level. 2. Data Non-hazardous waste data control and registration should be similar across Member States, in order to ensure homogenous information. There should also be a similar legal framework at the European Union level so that legal requirements for similar types of waste are equivalent in different Member States. There are also concerns that the amount and type of data requested will be complicated to manage: - Article 9(2) (Prevention of waste): quantitative indicators on prevention are difficult to obtain as it will be difficult for a plant operator to know in advance what figures will be. Besides, in the case of CCPs they are only by-products as the main output is electricity. - Article 11a ( Rules on the calculation of the attainment of the targets laid down in Article 11): data are difficult to obtain, particularly when waste are exported - Article 37(3) (Reporting): in the case of reporting on the amount of waste used for backfilling operations, separately from the amount of waste prepared for reuse or recycled it is impossible to follow because there is only one code in the Annex: R4. A new code should be created for backfilling operations 3. Other issues a. Biomass from maintenance of public spaces A clear recognition of wood biomass from the maintenance of public spaces not being considered waste could enhance the simplification and reduce the administrative burden on municipalities and recipients while assuring the same level of environmental protection. Wood biomass from public green maintenance (e.g. pruning of medium -tall trees) is classified as municipal waste while it should be instead excluded from the scope of the Waste Framework Directive in the same way as wood biomass produced in the forestry and agricultural sectors. Alternatively, the status of by-product should at least be guaranteed (if necessary helped by quality standards, a tool promoted by the package itself) in order to avoid the administrative and economic burdens of waste management. This would lead to significant benefits to both the municipalities generating the biomass (they currently pay authori sed platforms) and the recipients utilising it (they could optimise the supply chain in terms of distances and costs). The use of these non-contaminated materials in replacing primary forestry or harvested wood biomass would have significant and direct environmental benefits in terms of natural resource efficiency. Such a measure would not in any way undermine the principle of an efficient cascading use of biomass and any future EU measures on sustainability of bioenergy. 4 http://rwsenvironment.eu/subjects/from-waste-resources/waste-tool/ 3
Art. 2(1)( f) of Directive 2008/98/EC should be modified by including wood residues from maintenance of public spaces (comparable in nature, composition and quantity to agricultural or forestry biomass) among the natural non-hazardous material used for the production of energy. The definitions of municipal waste and bio-waste in Article 3 should be amended accordingly. As a second choice, a clear definition of production process should be introduced in Article 3 and this should also include maintenance activities. b. Material excavated within minor infrastructure maintenance activities A clear recognition of material excavated within minor infrastructure maintenance activities not being considered waste when re-used on site would enhance simplification and reduce the administrative burden of its management while assuring the same level of environmental protection. The material excavated during maintenance activities of small entities in the distribution grid (typically less than 100 mc) is not clearly excluded from the wastes field of application as it is for similar naturally occurring material excavated in the course of construction activities, when it is used on the site from which it was excavated. The treatment of this material as waste entails administrative and economic burdens for operators as well as environmental impacts for using naturally occurring non-renewable material coming from other sites to fill up the excavation. Given the small volumes of materials involved and the utilisation of non-polluting agents or methodologies during the excavation process the environmental impact of such material is negligible. The simplification would also determine CO 2 saving in terms of avoided waste transportation from the site to the waste treatment plant. Analytical characterisation of the material to assess its possible contamination should be required only in case of publicly ascertained pre-existing contamination of the site (e.g. nationally or regionally recognised sites). This is to avoid excessive costs and characterisation timing, the latter not being consistent with an efficient management and closing of small maintenance activity and the negligible contamination risks. Article 2(1)(c) of Directive 2008/98/EC should be modified by including material from maintenance activities (comparable in nature, composition and quantity to material from construction activities) re-used for the purposes maintenance on site, where the uncontamination of the material is intrinsic in the excavation process and the site conditions without need of further analytical characterisation. As a second choice, a clear definition of production process should be introduced in Article 3 and include also maintenance activities. c. Backfilling Article 3(17b): an additional R-code would be useful for backfilling. Backfilling means any recovery operation where suitable waste is used for reclamation purposes in excavated areas or for engineering purposes in landscaping or construction instead of other non-waste materials which would otherwise have been used for that purpose) to definitely clarify that it is a recovery operation. Some materials (e.g. Coal Combustion Products or ash from waste-to-energy) can have the status of by-product for specific usage such as soil stabilisation). 4
Landfill Directive Temporary storage Article 2(g) of Directive 1999/31/EC should be modified to increase the time limit in temporary storage. The Directive includes under the landfill definition ( ) a permanent site (i.e. more than one year) which is used for temporary storage of waste ( ) and excludes from landfill ( ) storage of waste prior to recovery or treatment for a period less than three years as a general rule ( ). This is particularly important for certain streams of non-hazardous waste for which the storage limitation is an obstacle to future recovery of non-hazardous waste which can be used as alternative materials in civil engineering (constru ction, roads ). This limitation runs against the objectives of circular economy. When there are real possibilities of recovery (provided that while security and environmental requirements as met, depending on the substance concerned) storage should be allowed for at least a certain period, significantly longer than 3 years. The actual time limitation for authorised waste storage would depend on authority assessment and specific permit requirements. 5
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