The Revision of the Waste The Revision of the Waste Framework DirectiveFramework Directive

Key suggested amendments by Key suggested amendments by the Rapporteurthe Rapporteur

Article 11.1Article 11.1Waste hierarchy: Rapporteur’s TextWaste hierarchy: Rapporteur’s Text

1. The following waste hierarchy shall 1. The following waste hierarchy shall apply as a apply as a general rule general rule in waste in waste prevention and management prevention and management legislation and policy (a) prevention legislation and policy (a) prevention and reduction;and reduction;(b) preparing for re-(b) preparing for re-use;(c) recycling;(d) other recovery, use;(c) recycling;(d) other recovery, e.g. energy recovery; and (e) e.g. energy recovery; and (e) disposal.disposal.

Departures from the HierarchyDepartures from the Hierarchy

2. When applying the waste hierarchy 2. When applying the waste hierarchy referred to in paragraph 1, Member referred to in paragraph 1, Member States shall take measures to States shall take measures to encourage the options that deliver the encourage the options that deliver the best overall environmental outcome. best overall environmental outcome. This may require specific waste This may require specific waste streams departing from the hierarchy streams departing from the hierarchy where this is justified by life-cycle where this is justified by life-cycle thinking on the overall impacts of the thinking on the overall impacts of the generation and management of such generation and management of such waste. waste.

Departures from the Hierarchy:Departures from the Hierarchy:Rapporteur’s TextRapporteur’s Text

They shall ensure that this is a They shall ensure that this is a full and transparent process, full and transparent process, observing national planning observing national planning rules about the consultation and rules about the consultation and involvement of citizens and involvement of citizens and stakeholders.stakeholders.

Departures from the Hierarchy (2)Departures from the Hierarchy (2)

Member States shall take into Member States shall take into account the general environmental account the general environmental protection principles of precaution protection principles of precaution and sustainability, technical and sustainability, technical feasibility and economic viability, feasibility and economic viability, protection of resources as well as the protection of resources as well as the overall environmental, human health, overall environmental, human health, economic and social impacts, in economic and social impacts, in accordance with Articles 1 and 10. accordance with Articles 1 and 10.

New Article 8aNew Article 8aRe-use & recyclingRe-use & recycling

Member States shall take measures to Member States shall take measures to promote the re-use of products, notably promote the re-use of products, notably through the establishment and support of through the establishment and support of accredited re-use and repair networks and accredited re-use and repair networks and by establishing, where necessary, the by establishing, where necessary, the relevant process and product standards.relevant process and product standards.

Member States may take other measures to Member States may take other measures to promote re-use, such as the use of promote re-use, such as the use of economic instruments, procurement economic instruments, procurement criteria, quantitative objectives or criteria, quantitative objectives or prohibitions on the placing on the market of prohibitions on the placing on the market of certain products.certain products.

New Article 8a.2 New Article 8a.2 (slide 1)(slide 1)

Member States shall take the Member States shall take the necessary measures to ensure necessary measures to ensure that the following targets are that the following targets are attained;attained;

(a)(a) by 2020, the preparing for re-by 2020, the preparing for re-use and recycling of household use and recycling of household wastes shall be increased to a wastes shall be increased to a minimum of 50% by weight;minimum of 50% by weight;

New Article 8a.2 New Article 8a.2 (slide 2)(slide 2)

(b) by 2020, the preparing for re-(b) by 2020, the preparing for re-use and recycling of construction use and recycling of construction and demolition waste shall be and demolition waste shall be increased to a minimum of 70% increased to a minimum of 70% by weight.by weight.

New Article 8a.2 New Article 8a.2 (slide 3)(slide 3)

For those countries with less For those countries with less than 5% recycling in either than 5% recycling in either category or no official figures, category or no official figures, according to Eurostat data of according to Eurostat data of 2000-2005, an additional period 2000-2005, an additional period of 5 years may be granted to of 5 years may be granted to reach the targets.reach the targets.

New Article 8a.2 New Article 8a.2 (slide 4)(slide 4)

By 31 December 2015 at the latest, By 31 December 2015 at the latest, the European Parliament and the the European Parliament and the Council shall re-examine the Council shall re-examine the targets referred to in paragraphs targets referred to in paragraphs (a) and (b) and consider setting (a) and (b) and consider setting targets for industrial waste on the targets for industrial waste on the basis of a report of the basis of a report of the Commission, accompanied by a Commission, accompanied by a proposal if appropriate.proposal if appropriate.

Prevention of WastePrevention of WasteNew Article 7a New Article 7a (slide 1)(slide 1)

Member States shall, in Member States shall, in accordance with Articles 1 and accordance with Articles 1 and 11, take all necessary measures 11, take all necessary measures to stabilise their overall waste to stabilise their overall waste production by 2012 as compared production by 2012 as compared to their overall annual waste to their overall annual waste production in 2009.production in 2009.

Prevention of WastePrevention of WasteNew Article 7a (New Article 7a (slide 2slide 2))

As a necessary preliminary to the As a necessary preliminary to the measures set out in Article 26, measures set out in Article 26, following the consultation of all following the consultation of all stakeholders, the Commission stakeholders, the Commission shall, if appropriate, submit to the shall, if appropriate, submit to the European Parliament and the European Parliament and the Council proposals for measures Council proposals for measures required in support of the Member required in support of the Member States' prevention activities, to States' prevention activities, to cover:cover:

Prevention of WastePrevention of WasteNew Article 7a (New Article 7a (slide 3slide 3))

(a) by 2009, a list of indicators that will (a) by 2009, a list of indicators that will enable Member States to monitor, assess enable Member States to monitor, assess and report on the progress of their waste and report on the progress of their waste prevention programmes and measures;prevention programmes and measures;

(b) by 2010, the formulation of a product (b) by 2010, the formulation of a product eco-design policy addressing both the eco-design policy addressing both the generation of waste and the presence of generation of waste and the presence of hazardous substances in waste, with a hazardous substances in waste, with a view to promoting technologies focusing view to promoting technologies focusing on durable, re-usable and recyclable on durable, re-usable and recyclable products;products;

Prevention of WastePrevention of WasteNew Article 7a (New Article 7a (slide 4slide 4))

(c) by 2010, the setting of further (c) by 2010, the setting of further qualitative and quantitative waste qualitative and quantitative waste reduction objectives for 2020, reduction objectives for 2020, based on best available practice;based on best available practice;

(d) by 2010, the formulation of an (d) by 2010, the formulation of an action plan for further support action plan for further support measures at European level measures at European level seeking in particular to change seeking in particular to change current consumption patterns.current consumption patterns.

Article 26: Article 26: Waste Prevention ProgrammesWaste Prevention Programmes

3. Member States shall 3. Member States shall determine appropriate determine appropriate specific qualitative or specific qualitative or quantitative quantitative benchmarks benchmarks for waste prevention for waste prevention measures adopted in measures adopted in order to monitor and order to monitor and assess the progress of assess the progress of themeasures and may themeasures and may determine specific determine specific qualitative or qualitative or quantitative targets quantitative targets and indicators, other and indicators, other than those referred to than those referred to in paragraph 4, for the in paragraph 4, for the same purpose.same purpose.

3. Member States shall 3. Member States shall determine appropriate determine appropriate specific qualitative and specific qualitative and quantitative targets,quantitative targets, within such within such programmes based on programmes based on at least the starting at least the starting point target of point target of stabilising waste stabilising waste generation by 2012 and generation by 2012 and further significantly further significantly reducing waste reducing waste generation by 2020generation by 2020,, as as set out in article 7a set out in article 7a (new).(new).

Article 3.14 Council TextArticle 3.14 Council Text

14) "recovery" means 14) "recovery" means anyany operation operation the the principal result of which isprincipal result of which is waste waste serving a useful purpose by replacing serving a useful purpose by replacing other materials which would other materials which would otherwise have been used to fulfil a otherwise have been used to fulfil a particular function, or waste being particular function, or waste being prepared to fulfil that function, in the prepared to fulfil that function, in the plant or in the wider economy. plant or in the wider economy. Annex Annex II sets out a non‑exhaustive list of recovery II sets out a non‑exhaustive list of recovery operations operations

Article 3.14 Rapporteur’s TextArticle 3.14 Rapporteur’s Text (14) recovery means(14) recovery means a waste treatment a waste treatment operationoperation that meets that meets

the following criteria:the following criteria: 1) results in waste substituting for other resources that 1) results in waste substituting for other resources that

would have been used to fulfil that function, in the plant would have been used to fulfil that function, in the plant or in the wider economy, or in it being prepared for such or in the wider economy, or in it being prepared for such use;use;

2) results in waste serving a genuine purpose by that 2) results in waste serving a genuine purpose by that substitution;substitution;

3) meets any efficiency criteria, established in accordance 3) meets any efficiency criteria, established in accordance with Article 35 (1);with Article 35 (1);

4) decreases the overall negative environmental impacts 4) decreases the overall negative environmental impacts by using waste as a substitute for other resources;by using waste as a substitute for other resources;

5) ensures that the products comply with the applicable 5) ensures that the products comply with the applicable Community safety legislation and Community standards;Community safety legislation and Community standards;

6) gives a high priority to the protection of human health 6) gives a high priority to the protection of human health and the environment and minimises the formation, and the environment and minimises the formation, release, and dispersal of hazardous substances in the release, and dispersal of hazardous substances in the process.process.

Annex II sets out a non‑exhaustive list of recovery operations Annex II sets out a non‑exhaustive list of recovery operations

Article 5.1.2a(new)Article 5.1.2a(new)

The criteria shall take into The criteria shall take into account any risks of account any risks of environmentally harmful use or environmentally harmful use or shipment of the secondary shipment of the secondary material or substance, and shall material or substance, and shall be set at a level that guarantees a be set at a level that guarantees a high level of protection for human high level of protection for human health and the environment.health and the environment.

Article 5.4a (new)Article 5.4a (new)

4a. By..........* the Commission shall, if 4a. By..........* the Commission shall, if appropriate, make proposals for appropriate, make proposals for determining whether at least the determining whether at least the following waste streams fall under the following waste streams fall under the provisions of this Article, and if so provisions of this Article, and if so what specifications should apply to what specifications should apply to them: compost, aggregates, paper, them: compost, aggregates, paper, glass, metal, end of life tyres, and glass, metal, end of life tyres, and waste textiles.waste textiles.

*5 years after the entry into force of *5 years after the entry into force of this Directive.this Directive.

Article 4.2Article 4.2By-products: Rapporteur’s TextBy-products: Rapporteur’s Text

Where there is still any doubt, Where there is still any doubt, additional measures may be additional measures may be adopted to clarify whether a adopted to clarify whether a substance is a by-product or a substance is a by-product or a waste. These measures, waste. These measures, including environmental and including environmental and quality criteriaquality criteria

New Article 14aNew Article 14aTraceability and control of hazardous wasteTraceability and control of hazardous waste

In accordance with the provisions set out in In accordance with the provisions set out in this Directive regarding hazardous waste, this Directive regarding hazardous waste, Member States shall take the necessary action Member States shall take the necessary action to ensure that the collection, production and to ensure that the collection, production and transportation of hazardous waste, as well as transportation of hazardous waste, as well as its storage and treatment, are carried out in its storage and treatment, are carried out in conditions providing optimum protection for conditions providing optimum protection for the environment and human health and safety the environment and human health and safety for operators, industrial sites and individuals, for operators, industrial sites and individuals, including as a minimum taking measures to including as a minimum taking measures to ensure traceability and control from ensure traceability and control from production to final destination of any production to final destination of any hazardous waste and proper risk assessment hazardous waste and proper risk assessment during its management.during its management.

Possible further amendmentsPossible further amendments

Possible move of Hierarchy to earlier Possible move of Hierarchy to earlier in Directive: new Article 3ain Directive: new Article 3a

Stricter recycling definitionStricter recycling definition Household and Household and Similar wasteSimilar waste to be to be

included in recycling targetsincluded in recycling targets Environmental and quality criteria for Environmental and quality criteria for

end-of-waste to be developed by co-end-of-waste to be developed by co-decisiondecision

Recycling Definition, Recycling Definition, Article 3, para 16Article 3, para 16

16) 'recycling' means the 16) 'recycling' means the reprocessing of reprocessing of materials or substances in wastes materials or substances in wastes through a production process whereby through a production process whereby they produce or are incorporated in newthey produce or are incorporated in new products, materials or substances whether for products, materials or substances whether for the original or other purposes. Itthe original or other purposes. It includes includes reprocessing of organic material,reprocessing of organic material, butbut does not include,does not include, inter alia, inter alia, energy recovery, energy recovery, conversion for use as a fuel, processes conversion for use as a fuel, processes involving combustion or use as a source involving combustion or use as a source of energy, including chemical energy, or of energy, including chemical energy, or backfilling operationsbackfilling operations; ;

Recycling targetsRecycling targetsArticle 8a (new)Article 8a (new)

2. In order to comply with the objectives of 2. In order to comply with the objectives of this Directive, and to move towards a this Directive, and to move towards a European recycling society, with a high European recycling society, with a high level of resource efficiency, Member States level of resource efficiency, Member States shall take the necessary measures to shall take the necessary measures to ensure that the following targets are ensure that the following targets are attained:attained:

(a) by 2020, the re-use and recycling of (a) by 2020, the re-use and recycling of household and similar wastes shall be household and similar wastes shall be increased to a minimum of 50% by weight;increased to a minimum of 50% by weight;

(b) by 2020, the re-use and recycling of (b) by 2020, the re-use and recycling of construction and demolition waste shall be construction and demolition waste shall be increased to a minimum of 70% by weight.increased to a minimum of 70% by weight.

End of WasteEnd of WasteArticle 5, para 2 aArticle 5, para 2 a

2.2. By ...By ... the Commission shall, if the Commission shall, if appropriate, on the basis of its appropriate, on the basis of its assessment pursuant to paragraph 1, assessment pursuant to paragraph 1, put forward a legislative proposal put forward a legislative proposal specifying the environmental and specifying the environmental and quality criteria to be met in order for quality criteria to be met in order for specific products, materials or specific products, materials or substance categories of waste to be substance categories of waste to be deemed to have become secondary deemed to have become secondary products, materials or substances.products, materials or substances.

Two years after entry into force Two years after entry into force of this Directive.of this Directive.