End-of-Waste Hans Saveyn

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1 End-of-Waste Hans Saveyn Joint Research Centre (JRC) The European Commission s in-house science service Institute for Prospective Technological Studies (IPTS) Serving society Stimulating innovation Supporting legislation 7 June 2012

2 Example: Compost EoW? Waste

3 End-of-waste Contents (1) Reminder of EoW basics Rationale, objectives, formulation of EoW mechanism in Art 6 of the WFD (2) Current status Implementation at DGEnv & IPTS, Transposition of the WFD in MS (3) Example: Biodegradable waste Criteria, examples of problems and barriers (4) FAQ From MS, from Industry

4 Part 1) EoW basics Origin of EoW Situation before the new Waste Framework Directive of 2008: An old WFD directive (from 1975) in a modern, globalised recycling market WF D Different criteria applied across the EU, grey zones and case-by-case decisions undermining legal certainty

5 Part 1) EoW basics Rationale of EoW Support the recycling markets in the EU by Creating a level playing field for all actors (Industry, administration), increasing legal certainty

6 Part 1) EoW basics Formulation of EoW in practice EoW mechanism in Art 6 of the WFD 2008/98/EC. It defines: - principles and conditions - who does what, and how EoW concept in a nutshell: Waste status if and only if regulatory controls under waste legislation are needed to protect the environment and human health otherwise end-ofwaste status to facilitate recycling and recovery

7 Part 1) EoW basics Formulation in practice: Art 6 Principles and conditions: Streams shall undergo a recovery operation, and comply with 4 conditions: Who does what, and how: Comitology "(a) the substance or object is commonly used for specific purposes; (b) a market or demand exists for such a substance or object; (c) the substance or object fulfils the technical requirements for the specific purposes and meets the existing legislation and standards applicable to products; and (d) the use of the substance or object will not lead to overall adverse environmental or human health impacts.

8 Part 1) EoW basics Comitology (with scrutiny from Council and Parliament) DGEnv DGEnv Council JRC-IPTS Parliament EC Regulation

9 Part 2) Current Status Rolling plan

10 Part 2) Current Status Transposition to national law WFD and framework: yes The affected authorities are defined by each MS EoW criteria: No transposition! Adaptation time: 6 months (EoW will be Regulations, not Directives)

11 Part 3) Example: Biodegradable waste Part (3) Example : Biodegradable waste subject to biological treatment = Compost and digestate

12 Part 3) Example: Biodegradable waste The principle The waste ceases to be waste when a useful and safe product is placed on the market The conditions (a) commonly used (c) (b) meets techn. a market or requirements, demand exists legislation and standards (d) no overall adverse environmental or human health impacts A set of specific criteria on input materials quality control procedures product quality processes and techniques Provision of information

13 Part 3) Example: Biodegradable waste Hard criteria: Quality Parameter (1) Minimum organic matter content: (2) minimum stability (3) no content of pathogens (4) limited content of viable weeds and plant propagules (5) limited content of macroscopic impurities (6) limited content of heavy metals and persistent organic compounds: Zn Cu Ni Cd Pb Hg Cr No requirement to measure organic pollutants Value 15% on dry matter weight For compost: 15 mmol O 2 /kg organic matter/hr For digestate: 1500 mg organic acids (total) per litre digestate No Salmonella sp. in 50 g sample 1000 CFU/g fresh mass for E. Coli 2 viable weed seeds per litre of compost/digestate 0.5% on dry matter weight for (sum of) glass, metal and plastics > 2mm mg/kg (dry weight) Draft proposal!

14 Part 3) Example: Biodegradable waste Soft criteria input materials (compost/digestate types and origins, positive list approach, exclusion of certain input materials) processes and techniques (e.g. time temperature profile) the provision of information: (recognised purpose, instructions on safe use and traceability) quality assurance procedures (quality management system, etc.) application of end-of-waste criteria (under which conditions EoW criteria apply or not)

15 Part 3) Example: Biodegradable waste Other materials: Aluminium, ferrous metals, copper, glass, paper, plastics

16 Part 3) Example: Biodegradable waste Other materials: Aluminium, ferrous metals, copper, glass, paper, plastics Aluminium and ferrous metals: EoW criteria have been set in Council Regulation (EU) No 333/2011 of 31 March 2011 Copper, glass, paper: vote on legislative proposal for EoW criteria on 9 July 2012 (TAC meeting Brussels) Plastics: IPTS proposal expected 3Q 2012

17 Part 3) Example: Biodegradable waste Biodegradable waste: Examples of problems and barriers MBT and sludge compost: concern for organic contamination and physical impurities Exclusion? EoW should be technology neutral => JRC organised compost & digestate sampling and analysis campaign Manure: NL legislation has special provisions Sampling: external (as in UK) or independent? REACH: compost exempt, digestate not completely

18 Part 4) FAQ From Industry: Shall I call something EoW? Part 4) FAQ From MS: Can I reject an EoW import? EU registered material with Certificate of conformity no EU non-registered materials, EU registered materials w/o CoC yes Can I call a new material EoW? Notification to EC. If no objection yes (AT waste fuels)

19 Part 4) FAQ Part 4) FAQ Expected practical impact on waste logistics and waste sorting Difficult to predict! Depends on material (low distance transport of compost; harmonisation effect more important worldwide market for metal scrap) Regulation 333/2011 provides for a monitoring program for scrap metal Some of the questions to answer: How many companies applied for the end-of-waste status and in which countries? Did the implementation of end-of-waste allow entering new markets? Did the quality of scrap on the market improve thanks to the implementation of quality management for end-of-waste scrap producers? How do MS ensure effective controls of the end-of-waste Regulation? Have any environmental/human health incidents been reported related to end-of-waste scrap that would not have been caused with waste scrap?

20 contact Reports published so far (IPTS) and update of activity Generic address for inquiries on the End of Waste project at IPTS

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