sou · H9B324 · 2021-04-15 00:00:00 — •särskilt beakta behovet av och möjligheterna att bedriva tillsyn av verksamheternas avfallshantering, •genom samråd samla in och sammanställa behov och synpunkter på det remitterade förslaget från berörda, •föreslå justeringar av det remitterade förslaget eller föreslå andra lösningar om sådana identifieras, och •lämna nödvändiga författningsförslag. För att säkerställa ett fullgott beslutsunderlag är det av särskild vikt att utredaren grundligt analyserar och redovisar ekonomiska och miljö- mässiga konsekvenser och skapar sig en uppfattning om acceptansen för förslaget genom att samråda med berörda. En konsekvensutred- ning ska göras enligt kommittéförordningen (1998:1474) och för- ordningen (2007:1244) om konsekvensutredning vid regelgivning, men konsekvensutredningen bör därutöver i vissa delar vara mer djup- gående och omfattande än vad som krävs enligt dessa förordningar. Kostnader och konsekvenser för kommunerna i form av ökad administration och tillsyn behöver bedömas. Det är även särskilt viktigt att bedöma kostnader och ökad administration för företag, särskilt mindre företag som kan drabbas hårdare av en utökad administrativ börda från avfallshanteringen. Särskilt ska skillnader i konsekvenser beroende på olika förutsättningar för kommuner och verksamheter i olika delar av landet belysas. Analysen av ekonomiska och miljö- mässiga konsekvenser bör även inkludera effekter på , exempelvis genom utvecklingen av innovativa cirkulära lösningar. Den ökade arbetsbörda och tidsåtgång som kan komma att krävas för en lösning med ett system med överklagbara dispenser ska sär- skilt analyseras. Utredaren ska i enlighet med 14 kap. 3 § regeringsformen beakta proportionalitetsprincipen beträffande eventuella inskränkningar av det kommunala självstyret i sina redogörelser, analyser och förslag. Förslagens förenlighet med ska också redovisas. Kontakter och redovisning av uppdraget Utredaren ska ta kontakt med berörda och samråda om förslagen. Samråden ska syfta till att fördjupa konsekvensanalysen och stärka förutsättningarna för att genomföra de olika förslagen. Utredaren ska inhämta synpunkter från relevanta myndigheter och organisationer. Utredaren ska också hålla sig informerad om och beakta relevant arbete som pågår inom , på myn- digheter och inom EU. Uppdraget ska redovisas . ELLEVEJ 5 ØSTRUP 3670 VEKSØ WWW.PLANMILJOE.DK The Danish Approach to household waste from companies Current legal framework.............................................................................................................. Framework for management of recyclable business waste ........................................................ Inspection and enforcement...................................................................................................... Extended Producer Responsibility ............................................................................................. Construction and Demolition waste .......................................................................................... Climate plan for green waste sector and circular economy, 2020 ............................................ 1.1Who is responsible for collecting and treating business municipal waste in ? Businesses themselves are responsible for ensuring their recyclable waste is managed cor- rectly. They can do this themselves, or pass responsibility on to an authorised third party (see report). Businesses in mixed residential complexes can use the municipal waste services for a fee at market rates, and businesses also have access to civic amenity sites, again for a fee that covers costs. a.What obligations come with this freedom to choose a collector and treatment facility? Businesses must source separate their waste, and be able to document that treatment. 1.2When did the companies themselves receive responsibility for their municipal waste and how has the responsibility changed over the years. Is there any fur- ther change in the pipeline that affects the municipalities' municipal waste? A political agreement was reached to transfer responsibility from municipalities to companies in 2007, and fully implemented in 2010. The framework conditions for waste management are currently undergoing revision. This will make the management of business waste clearer and more streamline, as well as unifying the sorting criteria for different recyclable waste types. 1.3What proportion of the municipal waste comes from activities? Is it possible to specify, for example, food waste and combustible mixed waste? The Danish waste statistics are reported annually by the Danish EPA in Affaldsstatistik 2018 which provides a reasonably detailed breakdown of waste generation and treatment by waste type and source. In 2018, Municipal Solid (MSW) was primarily composed of waste from households () and the service sector1 () with a small amount from industry () and the construction and demolition Industry (), as well as from ‘other’ commercial sources. 2018 includes waste generation and treatment statistics for the service sector, both aggregated at sector level and for subsectors. This indicates that the service sector also generates a signifi- cant volume of waste that is not considered MSW: the sector generates 1.78 million of waste, of which 1.27 million is considered municipal waste. Detailed data is presented on the service sector waste as a whole, but not for the portion that is considered MSW. The service sector recycling rate in 2018 was , up from in 2014. However, an overarching indication of MSW waste types from households and businesses is avail- able. Assuming that the collected waste types are directly sent to either incineration (mixed, non-recyclable waste, street sweepings) or recycling (all others), it is possible to gain an indication 1The service sector here is defined as all activities excluding households, manufacturing, agriculture, construction, and utilities. It includes: retail, sale and repair of vehicles, metal trading, wholesale, transport and freight, hotels and restaurants, communica- tion, culture and finance and private services, public authorities, and education and health. of the quantities of each waste type being sent to recycling. For example, 138,000 of food waste were collected from businesses in 2018 (see table 1). 1.4 Which types of waste are covered by producer responsibility in ? , cars, tires and WEEE. There is also a mandatory deposit-return scheme on water and beverage containers. is one of only two countries in the EU not to have an EPR scheme for packaging, although this will be in place before the 2024 deadline set by the EUs Packaging and Packaging waste Directive. 1.5What are the environmental consequences of the companies themselves be- ing responsible for their municipal waste (how have treatment methods changed and why)? There is concrete information about the real influence of the switch to open market for recy- clable MSW from businesses on recycling rates. The danish waste data system and reporting mechanisms were also changed around 2010, which means does not have a reliable time series data for recycling. Similarly, there is no way to directly link cause and effect in this case. However, the recycling rate of MSW from businesses has gradually been increasing, and is higher than for households. However, there is also a strong indication that especially SME strug- gle to source separate wastes effectively, and there is inspection or enforcement to help. The new legislation that should be in place by will try to improve this situation by mak- ing it easier for businesses to sort wastes, use municipal systems where appropriate, and enable coordinated information efforts to support businesses in source separation. 1.6What economic consequences are described? For different types of compa- nies? There is information about the overall change in costs associated with waste management for businesses resulting from this change, although one would anticipate that overall costs for companies in urban and semi urban areas would be at least level or lower than the previous mu- nicipal service. collection and transport companies have, however, indicted that they are on average happier with the price levels and services offered by private treatment facilities than with municipal facilities (Deloitte, 2016). What have been the consequences for society (eg other tariffs for households? Effects on crime?) There has been no significant societal consequences of note. However, removing recyclable business waste from municipal services will have reduced munici- pal revenue from sale of recyclable materials. Recyclable business waste is typically cleaner – and therefor more valuable – than recyclable waste collected from households. However, the market for recycled materials is highly volatile and, as such, the impact of excluding business waste from municipal services on the overall costs structure for municipal services is difficult to ascertain. 1.7How do you follow up that the companies live up to environmental and health protection requirements? What does the supervision show? This is an ongoing issue and one that the new legislation – together with concerted effort in con- junction with the National waste management plan – hopes to improve. There is currently inspection or support for businesses in waste management, and there is a widespread under- standing that especially SMEs struggle to put proper source separation in place. –particularly in more remote regions, for example Lolland and Falster – there is an indication that the lack of private collection and treatment options means that SMEs sort minimally and most waste is residual waste delivered to municipal facilities (under either private transport arrange- ments or through the municipal collection system, depending on the business waste regulative in place in the municipality). Companies can select waste service provides based on requirements; any limits placed by space availability for containers are managed at the level of the municipal waste regulations. 1.8 Other legal consequences. None of note. 1.9Advantages and disadvantages of companies handling their own municipal household waste. Including the author's own conclusions and recommenda- tions? •There needs to be some flexibility in the arrangement for collection and treatment, partic- ularly for SMEs in mixed purpose . Having multiple collection companies collect- ing small amounts of waste from SMEs in mixed would greatly increase traffic and total collection costs. •In the absence of robust inspection and tight control of recycled waste and the amount of recyclable waste ending in residual waste, there needs to be provisions for communication and capacity within SMEs to ensure that they are equipped to properly sort their waste. •Remote areas may need to fall under municipal services, as the environmental, business and socio-economic costs of engaging private collection and treatment will likely be pro- hibitively high for no net benefit. •Access to civic amenity sites is a viable alternative for small businesses •From a municipal point of view, investments in existing treatment facilities is a potential point of exposure (where the investment in treatment facilities was calculated based on income from treating household and business waste), and some level of understanding of this needs to be built into a system based on a competitive market for recyclable and non- recyclable municipal waste. •The presence of a EPR scheme for packaging waste could be a strengthening factor in en- suring that collected waste is recycled – as the collection and treatment of recyclable packaging will be subsidised by the packaging producers. This is not currently the case in . Advantaged of the MSW waste from businesses being outside the municipal waste manage- ment structure are difficult to quantify, but one can infer: •An improvement in quality of recyclables collected separately from businesses. By avoid- ing mixing wastes from different sources, contamination with lower quality collected ma- terial is avoided. This is not yet possible to directly measure, but may become more visible in waste statistics when the provisions of the for reporting real recycling rates rather than waste collected for recycling become available. •Potentially lower costs for businesses as collection (and treatment) is open to competition. •No guarantee of recycling rates, and only commercial pressures (in the absence of robust inspection and control) driving final recycling processes. Municipalities have an interest in increasing recycling rates, even if this is not the most commercially sensible course of ac- tion. As noted above, the presence of an ERP scheme for packaging could partially or fully alleviate this problem. •Potential increases in transport emissions from waste management, as route optimisation is unlikely to be as efficient with multiple independent actors. The Danish framework for waste management is currently under revision. is in the pro- cess of launching a revised waste management strategy and adapting associated waste legisla- tion. The new legal framework has been mandated by the need to implement the revised ((EU)/2018/851). The process is in the final phase and anticipated to be in place by 1st January 2021. While this means that it is difficult to assess the coming legislation and strategy, and similarly difficult to assess how businesses, waste management companies and mu- nicipalities will react to the changes, it does, however, provide rich ground for assessment of the existing legislative framework conditions and the practices and results of this framework. 2.1 Current legal framework The legal framework for waste management in is defined in three key pieces of legisla- tion. •Miljøbeskyttelsesloven (LBK nr 1218 af 25/11/2019) The Miljøbeskyttelseslov (environmental protection law) provides the legal basis for the environmental authorities to regulate waste management in , and provides grounds for environmental control of companies, including waste management companies, as well as the overall principles for environmental protection in . •Bekendtgørelse om Affald (nr 224 af 08/03/2019) The Bekendtgørelse om Affald (Executive order on ) provides the overall legal framework for waste management in . It assigns responsibilities and defines collection and treatment procedures, waste classification, waste data and waste reporting. It also implements the waste hierarchy for municipal waste, from most to least desirable outcomes: preparation for reuse, recycling, other recovery and disposal. •Bekendtgørelse om affaldsregulativer, gebyrer og aktører m.v. (nr 1753 af 27/12/2018) Closely related to the Executive order on , the Executive order on waste regulation, fees and actors provides the framework for waste fees and waste reporting, assigning treatment routes, reporting of waste and benchmarking of waste treatment facilities. Together, these three pieces of legislation define how waste is managed in with the lat- ter two implementing the national waste management plan or assigning responsibilities for its im- plementation. A key component is the demand that every municipality has regulations for house- hold waste and for business waste in place. This allows all citizens and businesses to quickly refer- ence their own responsibilities and options. 2.2 Framework for management of recyclable business waste In January 2010, based on a political agreement in 2007 to liberalize the waste market, responsi- bility for the collection and treatment of recyclable waste from businesses was removed from municipalities and placed on the open market. In effect, this means that the responsibility for the proper management of recyclable business wastes lies with the businesses themselves. The busi- nesses must meet the following conditions for their waste management: •Waste producing companies must source separate their waste. (nr 224 af 08/03/2019: § 49.) •Waste producing companies must ensure that a significant share of their source separated waste (paper, cardboard, glass, plastics, metal and wood) is reused, recycled or otherwise materially recovered. (nr 224 af 08/03/2019: § 51.) •Waste producers have the responsibility to either recycle their recyclable waste or pass responsibility for that to: o An authorized recycling or preparing-for-reuse facility o A waste collection company o A company that accepts specific waste types from select activities and uses the material directly in their own production (nr 896 af 29/06/2017: §5, sk.2). o An authorized municipal treatment facility o A municipal recycling centre (civic amenity site) or municipal collection system (see below) o An authorized private take-back system. (nr 1753 af 27/12/2018: §24). •The waste producing company may export their recyclable waste to a facility that can en- sure treatment in accordance with the legal demands in . (nr 1753 af 27/12/2018: §24 st. 2) •The waste producing company must be able, upon request from the or the respective municipal authority, to document that their waste has been han- dled in accordance with the respective laws. (nr 1753 af 27/12/2018: §24 st. 4) So, businesses must source separate their waste and ensure that that recyclable waste is recy- cled. They may pass responsibility for process to an authorised waste actor (typically a waste col- lection or treatment company), and/or export it to treatment facilities outside that also meet the required demands for recycling. Further, they must be able to document that they have met these responsibilities. For municipalities, the following conditions are in place: Municipalities may not undertake collection or treatment of source separated waste from companies – with the exception of wastes from the municipalities’ own institutions and companies. In situations where, due to a fall in the amounts of recyclable waste from households, free capacity becomes available, municipalities may offer this free treatment capacity at market rates on the open market. (nr 1753 af 27/12/2018 §8 st.3) •Municipalities must provide companies access to at least one municipal recycling centre for delivery of waste that is similar in character to household waste. Municipalities must charge a fee for this service. (nr 1753 af 27/12/2018 §10 st.1) •BUT – Municipalities may provide waste management (both residual waste and recyclable waste) for businesses with premises in mixed-use (and only in mixed-use build- ings, for recyclable waste), in line with the services provided to the residential units. Busi- ness do not have to use this service. (nr 1753 af 27/12/2018 §12 st.1 & 2) This means although in principal recyclable business waste should not intersect with municipal services, in practice, there are several exceptions which means that recyclable business waste still often managed within municipal services. These exceptions are a primarily in place to: •Ensure that the existing municipal capacity for waste treatment is not underutilised, providing a sound financial framework for the lifetime of the municipal treatment facilities. •Minimising the disruption from waste collection services in dense urban areas, and minimising the space used for waste collection containers in the same. A 2016 study of the implementation of the liberalisation of the waste market indicates that many within the waste industry see the lingering influence of municipal treatment capacity on the in- dustry, with unsubstantiated claims of cross-subsidisation of the municipal service pressing the market price (Deloitte, 2016). Approximately of the waste collected by municipal collection systems is from small busi- nesses in mixed commercial/residential complexes, although this is a rough estimate and varies significantly from municipality to municipality – in large urban centres it is as much as . To enable and facilitate control of the waste market and ensure that the actors working with waste – collectors, transporters, treatment facilities and traders – are publicly identified and au- thorized, has established a waste register. private actor wishing to work with waste materials must register themselves on the . This system is implemented in the Bekendtgørelse om og om godkendelse som indsamlingsvirksomhed, which out- lines the approval processes, fees, control and inspection processes associated details. The waste register is a public document, available on the Danish EPA internet site, which allows private ac- tors identify authorised waste management companies. 2.3 Inspection and enforcement The responsibility for waste management lies with the waste generating businesses, and munici- palities are responsible for inspection and enforcement of the legislation2. Enforcement/inspec- tion can be based on: •Normal environmental protection inspection financed by the company under inspection (chapter 5 in Miljøbeskyttelsesloven) •Waste management inspection financed by municipal tax (chapter 6 in Miljøbeskyttelsesloven) There is currently confusion and lack of clarity in municipalities and companies about which type of inspection is being carried out, often distinction between the two, and very often no for- mal program of inspection (Deloitte, 2016). Inspection is widely considered to be an under- funded/under-prioritised area of the waste management framework, particularly as financing for Chapter 6 inspection comes out of the overall municipal budget. 2.4 Extended Producer Responsibility Extended Producer Responsibility schemes have been introduced for some products as de- manded by EU directives on WEEE, , and ELVs. These schemes have minimal influence on the management of municipal waste from businesses. An EPR scheme for packaging is currently under development by the relevant authorities in and will be in place by the , 2024 deadline set in the directive3. An EPR scheme for beverage packaging covering the majority of plastic, glass and metal bottles and cans put on the market, is implemented as a deposit return system4. The current system has been in place since 2002, with regular updates to prices and scope, and is enabled by ’s 2(LBK nr 1218 af 25/11/2019 kap 5 & 6). 3Packaging and Packaging ((EU) 2018/852). Environmental protection legislation (LBK nr 1218 af 25/11/2019) and detailed in (nr 357 af 29/03/2019). The practical implications of this as that, as for households, a portion of the high- quality and high-value recyclable materials from businesses never appear in municipal waste streams. 2.5 Construction and Demolition waste In addition to the above, there are specific rules for companies that produce construction and demolition waste (CDW). •Companies that produce CDW must always remove hazardous wastes, PCB-containing wastes and thermal isolating windows glass from their CDW stream (nr 224 af 08/03/2019: § 50.) •Companies that produce over 1 tonne of CDW from an individual site must source sepa- rate the following waste fractions: stone; unglazed bricks and tiles; mixed materials of stone, tile, brick and cement; iron and metal; plaster; wool; soil, asphalt; mixtures of concrete and asphalt (nr 224 af 08/03/2019: § 50, stk.2). •Alternatively, these businesses can deliver their waste to an authorized C&D waste sorting facility (nr 224 af 08/03/2019: § 50, stk.6). The Danish government will soon release a new National waste management plan and associated legislation in response to the revised from 2018. The process has been delayed twice already, but the revisions to Affaldsbekendtgørelen should be in force by 2021. The primary changes with relevance for the management of recyclable waste from businesses in- clude: •Unified collection of fractions across household and businesses. o The same ten fractions must be collected: •Plastic waste (hard and soft)