Status of EPR in Europe

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Status of EPR in Europe Herman Huisman Senior Advisor RWS Environment Conference on Canadian Stewardship October 1st 2015, EPR World Stage The Fairmont Banff Springs, Alberta, Canada

Content EU-Regulation Differences in Implementation Review of EU Policy Proposals for harmonizing EPR implementation Examples of PRO schemes: batteries ELV Car Tyres E-waste Packaging waste 2

Waste prevention and Recycling Strategy Framework Legislation Waste Framework Directive Waste Shipment Regulation Waste Treatment Operations Incineration (Energy Recovery) Landfill Directive Recycling standards (under new WFD) Waste Streams Sewage Sludge Batteries Accumulators Packaging Packaging Waste Mining Waste End-of-Life Vehicles Electrical & Electronic Equipment PCBs, PCTs Hazardous Substances in WEEE 3 3 >> Focus on environment

SOME TARGETS IN EU WASTE LEGISLATION min recovery min recycling collection rate Packaging 2008 60% 55% Cars 2015 95% 85% 100% Electronics 2006 2016 70% 50% min 4 kg per inhabitant per year 85% of WEEE arising Batteries 2011 50% to 75% (efficiency) 2012 25% 2016 45% Tyres 2006 0 landfill of tyres 2006 reduction to 75% of the 1995 level Biowaste diverted from landfills 2009 reduction to 50% of the 1995 level 2016 reduction to 35% of the 1995 level New targets 2015 Separate collection: at least paper/metal/plastic/glass (WFD) 2020 50% recycling household waste 4 >> Focus on environment 4 2020 70% construction and demolition waste re-use/recovery and recycling

Legislation introduced many EPR schemes in EU Product stream Number of EPR schemes in place in EU-28 Quantity of waste generated in the EU-27 (tonnes) WEEE 26 10 000 000 Packaging 25 78 672 423 ELVs 25 7 334 930 Batteries 27 1 720 000 Tyres 20 3 250 000 Graphic paper 11 17 230 000 Oils 10 3 000 000 Medical waste, old, unused medicines 10 240 000 5

6

28 EU member states: many differences in implementation 1 At EU level 3 directives introduce EPR as a policy approach: the ELV Directive, the new WEEE Directive, the Batteries Directive. EPR is widely used in support of implementation of Packaging and Packaging Waste Directive, although the Directive itself does not impose the principle. Also for Car tyres 20 out of 28 MS have adopted EPR In addition article 8 of the Waste Framework Directive sets some principles for the implementation of EPR by Member States In order to strengthen the re-use and the prevention, recycling and other recovery of waste, Member States may take legislative or nonlegislative measures to ensure that (producer of the product) has extended producer responsibility EU waste legislation currently gives a global framework for implementation of EPR. The MS are responsible for implementation and operational aspects in National legislation 7

Phrasing of role Member states and Producers Member States shall ensure that: Appropriate collection schemes are in place At accessible points in the vicinity of citizens Take back any product, not involve any charge and no obligation to buy new May require producers to set up such schemes and may require other operators to participate Member States may use economic instruments to promote the collection of waste batteries and accumulators or to promote the use of batteries and accumulators containing less polluting substances, for instance by adopting differential tax rates Member States shall ensure that producers, or third parties acting on their behalf, finance any net costs arising from the collection, treatment and recycling of all waste portable batteries and accumulators collected 8

Differences in implementation 2 Lack of transparency and availability of reliable data (difficult to distinguish between household and commercial waste, confidentiality, cost coverage, market structure, methods of data collection) Best performing schemes are not always the most expensive, fees paid by producers vary greatly No single EPR model emerges as the best performing and most costeffective (due to differences in population density, geography, waste management infrastructure, value of secondary materials on national markets, Awareness and willingness of citizens to participate, existence of complementary waste policy instruments like payt, landfill taxes and bans Schemes vary from: Simple financial responsibility Financial responsibility through contracts with municipalities Financial responsibility and partial organizational responsibility Financial responsibility and full organizational responsibility 9

10

Competition amongst PRO s 11

12

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Observatrions from a volume perspective A multi-pro model should be set-up carefully so no situation of competition for collected volume that inflates the cost of the total chain without environmental benefits can occur e.g. a clearing house. Avoid cherry picking for valuable or easy-to-recycle appliances, leaving the less valuable or costly fractions for other parties Avoid freerider-behaviour due to clearing mechanisms. Reaching national collection targets is a shared responsibility. A mono-pro model should Strong public surveillance so that the single PRO does not take advantage of its dominant position and (fair) competition is ensured at the operational levels of waste management. 14

Review of Waste Policy and Legislation 1 On 2 July 2014, the European Commission adopted a legislative proposal and annex to review recycling and other wasterelated targets in the EU Waste Framework Directive 2008/98/EC, the Landfill Directive 1999//31/EC and the Packaging and Packaging Waste Directive 94/62/EC. The aim of the proposal is to help turn Europe into a circular economy, boost recycling, secure access to raw materials and create jobs and economic growth. It does so by setting ambitious targets and adding key provisions on the instruments to achieve and to monitor them. The proposal is presented as part of the circular economy package. The main elements of the proposal include: Recycling and preparing for re-use of municipal waste to be increased to 70 % by 2030; Recycling and preparing for re-use of packaging waste to be increased to 80 % by 2030, with material-specific targets set to gradually increase between 2020 and 2030 (to reach 90 % for paper by 2025 and 60% for plastics, 80% for wood, 90% of ferrous metal, aluminium and glass by the end of 2030); 15

Review of Waste Policy and Legislation 2 Phasing out landfilling by 2025 for recyclable (including plastics, paper, metals, glass and bio-waste) waste in non hazardous waste landfills corresponding to a maximum landfilling rate of 25%; Measures aimed at reducing food waste generation by 30 % by 2025; Introducing an early warning system to anticipate and avoid possible compliance difficulties in Member States; Promoting the dissemination of best practices in all Member States, such as better use of economic instruments (e.g. landfill/incineration taxes, pay-as-you-throw schemes, incentives for municipalities) and improved separate collection; Increasing the cost-effectiveness of Extended Producer Responsibility schemes by defining minimum conditions for their operation; Simplifying reporting obligations and alleviating burdens faced by SMEs; Improving the reliability of key statistics through harmonised and streamlined calculation of targets; Improving the overall coherence of waste legislation by aligning 16 definitions and removing obsolete legal requirements.

The objectives spelled out in the 7th EAP, Resource depletion and green-house gas emissions as well as circular economy. Application of life cycle thinking from production to end of life management Optimizing the use of finite resources in a product based economy Producer responsibility as an instrument to better link waste regime and product regime Achieving a zero waste economy in which products are designed in such a way that they can be repaired, re-used as a whole or in parts, recycled and be reintroduced in the production cycle as new raw materials. Achieving full control over the out-phasing of hazardous chemicals in products and waste Giving full effect to the waste hierarchy that only exceptionally allows final disposal Giving full effect to waste prevention 17

Evolutions of PRO systems Initially: Financing collection, treatment of the product at its end of life by collecting fees and redistributing the corresponding financial amounts Managing the corresponding data Organizing and supervising these activities Two main evolutions have occurred Where the initial fees paid by Producers represented only a partial contribution to solid waste management costs; the operational cost coverage by producers fees has gradually increased, sometimes reaching 100 % Whereas PRO were initially created as entities whose role was merely to aggregate the producers financial contribution, their role has been drifting towards more operational interventions and a broader scope of action (data management, organizing operations. Launching bids, communication campaigns) 18

Guiding principles needed 1. Definitions and objectives should be clarified (ecodesign?) 2. Responsibilities and roles of each actor should be clearly defined along the whole product life cycle 3. Design and implementation of an EPR scheme should at least ensure the coverage of the full net costs related to separate collection and treatment of end-of-life products (what about the responsibility for products in residual waste?, costs for public awareness raising, prevention actions, litter prevention and management? ) 4. A clear and stable framework is necessary in order to ensure fair competition with sufficient surveillance and equal rules for all, supported by enforcement measures (including sanctions) 5. Transparency is required on the performance s and costs of EPR schemes 6. Key definitions and reporting modalities should be harmonized at EU level 7. Member states and obligated Industry should be co-responsible for the monitoring and surveillance of EPR schemes and should ensure that adequate means of enforcement are in place 19

Thank you for listening! 20

Batteries and Accumulators 21

Collection and Recycling efficiency Collection Target: 25% in 2011 and 45% in 2016 Recycling Efficiencies: (a) recycling of 65 % by average weight of lead-acid batteries and accumulators, including recycling of the lead content to the highest degree that is technically feasible while avoiding excessive costs; (b) recycling of 75 % by average weight of nickel-cadmium batteries and accumulators, including recycling of the cadmium content to the highest degree that is technically feasible while avoiding excessive costs; and (c) recycling of 50 % by average weight of other waste batteries and accumulators. 22

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Batteries Collection rates vary from 5% (MT) to 72% (CH) Average fees paid by producers vary from 240 (Fr) to 5400 (Be) per tonne of batteries put on market Or 1.5 2 /cap/yr (CH, BE) to 02 cap/yr (NL) 24

End of Life Vehicles 25

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ELV s Recycling and re-use rates vary from 64% to 96% Annual fees differ from no fee at all to 45 /vehicle (NL) or even 66 vehicle Wide gap is due to the fact that some PRO actually cover (part of) collection and treatment cost (and some countries don t have a PRO at all (Germany) 27

Car tyres 28

Tyre and Environment Organization Tax system Producer responsibility Free market No system or under discussion 29

Hybrid responsibility Municipality - Residual waste - Bio waste - Bulky waste Producer/Importer - Cars/end of live vehicles - Car tires - Electronic and electric waste - Batteries - Paper and cardboard - Packaging Duty of care: Paid by citizens (municipal waste tax) EPR: Paid by consumers/producersimporters (recycling fee or included in price) 30 30 >> Focus on environment

Responsibilities of EPR organisations (on behalf of PI s) Ø Create a stable collection system Ø Create awareness and environmentally responsible behavior Ø Contribute to design for recycling and ecodesign Ø Prevent illegal trade and export Ø Annual Reporting on collection and recycling performance Environment Ministry EPR regulation and control Batteries WEEE Packaging Car tyres ELV Window Panes 31 31 >> Focus on environment

32 E-Waste

Why EU legislation? WEEE is the fastest growing waste stream in EU-27 Yearly 10 million tonnes is placed on the market (POM) Yearly 9 million tonnes discarded (WEEE generation) Forecast: 12.3 million tonnes of WEEE by 2020 33

Why EU legislation? Legislation tackles three issues of a growing challenge Recover valuable resources by applying modern recycling technologies stop landfilling and incineration Prevent release of hazardous substances (CFCs, heavy metals, flame retardent, PCBs) Stop illegal export to Africa and Asia 34

WEEE Forum 39 producer compliance schemes 2012 1,900,000 T WEEE collected & reported Four ambitions: - Making WEEE 2 a succes - Centre of competence - Develop standards and specifications - Contribute to resource efficiency debate 35

Differing constellations of WEEE-systems are active in Europe. Belgium One PRO France Three PROs competing The Netherlands One dominant PRO and one PRO emerging Italy Fragmented landscape of PROs EPR has been implemented in different shapes andsizes due to differing national circumstances and the guiding (and not binding) nature of the WEEE-directive. 36

E-waste Collection rates vary from 1.2 kg/cap (BG) to 17.2 kg/cap. 37

38 Packaging Waste

From EU regulation into national legislation 1994 Packaging and packaging waste directive 2008 Waste Framework Directive 2006 Packaging decree 1979 Waste management law National waste management plans obligation Responsibility for the collection of packaging waste Producers and Importers Shared responsibility Municipalities and companies Packaging agreements (2008-2012, 2013-2022) Environment ministry Municipalities Producers and importers May 21, 2015 EPR for packaging in the Netherlands 39

Different implementation policies Policy Description Responsible for collection Responsible for reporting / organization Financial contributor Decision on contributio n size Cost for obliged industr y Ministerial system Ministry takes care of all reporting Municipalities Ministry - - none Packaging tax Obliged industry pays a packaging tax Municipalities Ministry Obliged industry Ministry high Public fund Obliged industry pays a packaging tax for Ministry and to finance EPR Municipalities or obliged industry Obliged industry Obliged industry Ministry high Voluntary industry compliance Obliged industry may declare packaging on the market on a voluntary basis Municipalities or obliged industry Obliged industry Obliged industry Obliged industry low Extended Producer Responsibilit y (EPR) 40 ANDI Seminar, 09.04.2014 40 Obliged industry is fully responsible for declaration of packaging on the market and recycling Municipalities or obliged industry Obliged industry Obliged industry Obliged industry moderat e

Policy implementation IS Single EPR system PT IE ES NO DK UK NL BE DE LU FR CH IT SE PL CZ SK AT HU SI HR BA RS ME AL FI EE LV LT MK GR RO BY BG RU UA TR Multiple EPR system Public Fund Ministerial system Packaging tax No system / unknown 41 ANDI Seminar, 09.04.2014 MT CY

Packaging Recycling rates vary from 29% to 84% (DK) Quantities covered by EPR schemes vary from around 75 kg/cap/yr (Fr, BE) to 165 kg/cap/yr (NL) Some systems only cover houisehold waste, other include commercial waste as well Fees paid by producers range from 1.1 /cap/yr (UK) to 19.7 /cap/yr, due to the fact that UK EPR scheme covers only 10% of the cost of the system, while other 100%

Graphic Paper Recycling rates vary from 43% (FR) to 94% (Sweden) Some countries don t collect fee s from producers, others ask 1 /cap/yr