In December 2005 the EU Commission finally unveiled its new Thematic Strategy on the prevention and recycling of waste. The Strategy sets out the Commission’s proposed course of action in relation to waste policy over the next three years. Importantly, it contains proposals for the revision of several waste Directives including the Waste Framework Directive. Details of the proposed revision of the Waste Framework Directive will be examined more closely in a subsequent issue of Wastes Management. This article focuses on the overall aims of the Thematic Strategy.
The Waste Thematic Strategy (COM(2005) 666 final) has been in development since 2003 as part of the Commission’s Sixth Environment Action Programme. It has been produced in recognition of the continued increase in waste production across the EU and the fact that, whilst recycling and incineration rates are increasing, the absolute amounts of waste sent to landfill is not decreasing. The Commission states that these “unsustainable trends” are due in part to unsatisfactory implementation of EU waste law. However, it also acknowledges that they are also partly due to certain elements of EU policy and legislation that could be improved.
The new Thematic Strategy aims to contribute towards the long term goal of a “recycling society that seeks to avoid waste and uses waste as a resource”. In order to achieve this, the Strategy proposes a number of actions. First is a renewed emphasis on full implementation of existing legislation. This will include continued enforcement against Member States for inadequate implementation, but the Commission also aims to resolve ambiguities and disputed interpretations of waste law. The Commision will also consider amending legislation where implementation has not brought the expected environmental benefits. These reviews will also examine ways in which “better regulation” (e.g. less prescriptive or market based approaches) can be achieved.
The most important of these reviews will be a revision and consolidation of the Waste Framework Directive. In brief, the proposed Waste Directive (published along with the Thematic Strategy) will amend and consolidate several existing pieces of legislation including the Waste Framework Directive, the Waste Oils Directive and the Hazardous Waste Directive. It also aims to clarify when waste ceases to be waste and the definitions of recovery and disposal, and introduce a definition for recycling. These are all issues that have caused considerable confusion and led to much litigation over the past thirty years. Reform will undoubtedly be welcomed by many.
The Commission also proposes to clarify and extend the scope of the IPPC Directive to add additional waste management activities to the permitting regime. This will include biological recovery treatments and preparation of hazardous wastes for incineration. This review is expected in 2007. Several existing waste Directives require periodic reviews and these will now incorporate concepts set out in the Thematic Strategy. Examples include review of recycling targets under the End of Life Vehicles Directive (due 2006) and the Waste Electrical and Electronic Equipment Directive (due 2008).
Another broad aim of the Thematic Strategy is to introduce further “life-cycle thinking” into waste policy. Traditionally, waste policy focuses on manufacture and end-of life rather than including the use phase. Whilst full life-cycle considerations are becoming more prevalent (for example in the product design requirements of the Energy Using Products Directive) the Commission intends to incorporate the concept further when framing new legislation or other initiatives. As a first step the Commission will produce guidelines in 2006 for applying life-cycle thinking to managing biodegradable waste.
The Commission intends to review current recycling strategy with regard to the need for further measures to promote recycling. In particular, it will consider more material based approaches (as opposed to product based) and whether improvements can be achieved through market-led systems or legislative measures. Common reference standards for recycling are also to be investigated, again with an initial priority for biowaste.
Whilst the Waste Thematic Strategy proposes some important and valuable revisions to EU waste legislation, it would be an overstatement to say that the Strategy proposes fundamental reforms of waste law and policy. Initial responses from industry have been positive, however other commentators complain that the Strategy lacks any real bite. What we are likely to see emerging from the Strategy is a progressive evolution and growth of existing concepts rather than radical change. What the Strategy does provide however is a greater focus for reforms in EU waste law, albeit that in the absence (as yet) of specific targets the ultimate goal of an EU-wide “recycling society” appears rather nebulous.
Written by Paul Sheridan, CMS Cameron McKenna Partner and Andrew Ryan, CMS Cameron McKenna Solicitor.
Published in Waste Management
February 2006
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