Belgian experiences on the management of packaging waste ACR+ EPR Club Lunch Seminar EPR scheme and EU packaging law

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1 Marc Adams, Director (a.i.) Interregional Packaging Commission Belgian experiences on the management of packaging waste ACR+ EPR Club Lunch Seminar EPR scheme and EU packaging law 1

2 Contents 1. Belgium: a federal state 2. Federal legislation 3. Cooperation agreement (of November 4th 2008) 4. Accredited organisations 5. Belgian recycling figures 6. Role of the regulator (IPC) 7. Conclusions 2

3 1. Belgium: a federal state 3 Regions: Flanders (6 mio inhabitants) Wallonia (4 mio) Brussels (1 mio) Regions are competent for waste management 1 uniform collection scheme, but with regional (and local) variations 3

4 1. Belgium: a federal state 3 regions (Flanders, Wallonia, Brussels) 3 communities (Flemish, French, German speaking) 1 federal state exclusive competences 4

5 1. Belgium: a federal state Federal state = competent for: Foreign affairs Defence Social security Income taxes Internal (Belgian) market 5

6 1. Belgium: a federal state Regions & Communities = competent for: Culture Education Economy Environment (waste, water, soil, ) 6

7 1. Belgium: a federal state Packaging situation: European packaging directive 94/62/EC (as revised by directive 2004/12/EC) has 2 major chapters: Recycling and recovery targets for packaging waste Regional competence Essential requirements for the marketing of packaging Federal competence 7

8 2. Federal legislation Federal law concerning product standards of december 21 st 1998 Transposition of essential requirements (packaging directive) Partial transposition of CEN-standards Ecotax on beverage packaging Ecotax on harmful products like plastic carrier bags 8

9 3. Cooperation agreement Inter-regional Law: valid on the entire Belgian territory 1 st version cooperation agreement of May 30 th 1996 Since 2009: 2 nd version cooperation agreement of November 4 th

10 3. Cooperation agreement Responsible company: Belgian producer (= packer/filler) Belgian importer Belgian industrial consumer Belgian producer/importer of (empty) service packaging, i.e. products that are only packed at the point of sale, like carrier bags Double responsibility: Household packaging waste Industrial (i.e. non-household) packaging waste 10

11 3. Cooperation agreement Obligations: To meet the recycling and recovery targets => minimum of 300 kilos annually To report to the authorities To introduce a packaging prevention plan (larger responsible companies) => minimum of 300 tons annually (or 100 tons production in Belgium) 11

12 3. Cooperation agreement Recycling and recovery targets for companies Global targets: 80% overall recycling From 2009 for household packaging waste From 2010 for industrial packaging waste 90% overall recovery for household packaging waste (from 2009) 85% overall recovery for industrial packaging waste (from 2010) 12

13 3. Cooperation agreement Recycling and recovery targets for companies Specific targets per material: 50% recycling for metal 60% recycling for glass 60% recycling for paper/cardboard 60% recycling for beverage cartons 30% (mechanical) recycling for plastics 15% recycling for wood 13

14 3. Cooperation agreement Individual compliance (not frequent) Accredited organisation: Fost Plus for household packaging waste Val-I-Pac for industrial (i.e. non-household) packaging waste 14

15 4. Accredited organisations Status: Private sector initiative Government accreditation Non profit organisation Must cover the totality of Belgium Must prove recycling and recovery Strict government control 15

16 4. Accredited organisations Fost Plus collection system: Intermunicipalities collect household packaging waste for Fost Plus: Paper & cardboard (curbside collection) Coloured & non-coloured glass (bottle banks) PMD/PMC-fraction (curbside collection): P = plastic bottles (PET) & flasks (HDPE) M = metals D/C = drink cartons = tetra pak 16

17 4. Accredited organisations 17

18 4. Accredited organisations Fost Plus pays full cost of: Collection Sorting of PMD/PMC fraction Fost Plus organises recycling of collected & sorted fractions At all stages: public tender procedures 18

19 4. Accredited organisations Green dot: Fost Plus gives his members the right to use the logo The green dot logo has no official status 19

20 4. Accredited organisations Responsible company Product Packaging Packaging waste Fost Plus Household Waste Full cost of selective collection of packaging waste (Inter)municipalities IPC 20

21 4. Accredited organisations Responsible company Product Packaging Packaging waste Fost Plus Household Waste Full cost of selective collection of packaging waste (Inter)municipalities IPC Recyclers 21

22 4. Accredited organisations Val-I-Pac system: Val-I-Pac doesn t organise collection or recycling of industrial packaging waste Val-I-Pac gathers data on collection and recycling from private waste collectors collectors have to give proof of recycling Val-I-Pac gives financial incentives to industrial consumers aimed at increasing selective collection 22

23 4. Accredited organisations Responsible company Product Packaging Packaging waste Financial incentive for sorting of packaging waste Val-I-Pac IPC Industrial consumer Waste Waste collectors Recyclers 23

24 5. Belgian recycling figures 2010 Fost Plus recycling figures: Paper/cardboard 100% (116,4%) Glass 100% (111,7%) Plastics 37,9% Metals 100% (102,1%) Drink cartons 80,4% Others 0,8% Total recycling 83,2% Total recovery 94,5% 24

25 5. Belgian recycling figures 2011 Fost Plus recycling figures (provisional): Paper/cardboard 100% (114,6%) Glass 100% (114,7%) Plastics 37,5% Metals 100% (102,1%) Drink cartons 79,0% Others 0,8% Total recycling 82,7% 25

26 5. Belgian recycling figures 2010 Val-I-Pac recycling figures: Plastics 55,7 % Paper/cardboard 96,1 % Metals 85,1 % Wood 64,6 % Others 10,7 % Total 81,6 % 26

27 5. Belgian recycling figures 2011 Val-I-Pac recycling figures (provisional): Plastics 55 % Paper/cardboard 97 % Metals 83 % Wood 63 % Total 81,2 % 27

28 5. Belgian recycling figures Global belgian recycling in 2009 (including individuel compliance, freeriders and new reusable packaging): 79,1% Global belgian recycling in 2010: 79,8% 28

29 5. Belgian recycling figures Source: European Commission, DG ENV, study on Use of economic instruments and waste management performances, April 2012

30 6. Role of the regulator (IPC) To responsabilize industry (the responsible companies) AND to defend the interest of the public, for instance: To approve the collection scheme proposed by the accredited organisation, but also enlarge it, when necessary To make sure everybody gets a correct and just payment (for instance, in the not household sector, smaller companies) To make sure that the data are 100% correct! To control and to sanction the remaining free-riders! This is important for the functioning of the system 30

31 6. Role of the regulator (IPC) Not the role of the regulator = to control all members of the accredited organisations Members declarations are controled by the accredited organisations principle of selfcontrol IPC prefers to control the control procedures on its efficiency to do this, a sample of members declarations must be checked 31

32 6. Role of the regulator (IPC) Also for the recycling figures, the regulator imposes its control procedures on the accredited organisations, BUT it shares the end responsability for the correctness of the figures: - In the accreditation text of Val-I-Pac a complex procedure is imposed, which included a programme for controls on recycling (after trading) in the Far East - The IPC does its own double-check 32

33 33

34 34

35 7. Conclusions These is a need for a stable legal framework it takes time to create an efficiently functioning system Communication to the public is very important contradictions have to be avoided at all cost it s very useful to have just 1 collection scheme (with several variations) on the entire Belgian territory Controllability is paramount! The gov. administration must be able to verify all the data and to certify that the recycling/recovery targets were really met 35

36 7. Conclusions on competition Competition needs to be guaranteed, but not necessarily on the organisational level! A monopoly on the organisational level isn t harmful as long as all risk of monopoly abuse is avoided; this isn t very difficult to do When there is competition between accredited organisations: a level playing field needs to be created! Without a level playing field, there is no fair/honest competition 36

37 7. Conclusions on competition Belgium has a fully functional competition (on the operational level) AND the scale advantages of an organisational monopoly In Belgium accredited organisations have to be non for profit This is the best guarantee that there won t be an abuse of monopoly This also guarantees prices are as low as they possibly can be There are no profit margins to fill! 37

38 7. Conclusions Important to develop and support selective collection at the source and act agains incivilities (littering, incorrect sorting, ) In Belgium the (inter)municipalities are obliged by law to organise the selective collection (Inter)municipalities play a major role in the fight against incivilities Important to collect (selectively at the source) for recycling only! This means making choices! Easily recyclable materials should be collected for recycling! Others: not! 38

39 7. Conclusions Economic instruments can be very helpful, when used properly (landfill-bans, taxation on waste incineration, pay-as-you-throw) they can also be very harmful, when used incorrectly: Green certificates for the incineration of wood have had (in Belgium) a clear negative effect on wood recycling Unbalanced eco-taxes can create unwanted market distortions and uncontrollable parallel imports 39

40 Thank you for your attention! To contact us: IVCIE, Avenue des Arts 10-11, 1210 Brussels Tel: 02/ Fax: 02/

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