Briefing
EU Legislation in Progress
January 2016
Circular economy package
Four legislative proposals on waste
SUMMARY
Although waste management in the European Union EU has improved considerably
in the past decades, almost a third of municipal waste is still landfilled and less than
half is recycled or composted, with wide variations between Member States. Improving waste management could deliver positive effects for the environment,
climate, human health and the economy. As part of a shift in EU policy towards a
legislative proposals
the European Commission made four
circular economy,
introducing new waste-management targets regarding reuse, recycling and landfilling. The proposals also strengthen provisions on waste prevention and extended producer
reporting obligations and calculation
responsibility, and streamline definitions,
methods for targets.
As the Parliament and Council begin their consideration of the
proposals, stakeholders are divided. Proposals for a Directive of the European Parliament and of the Council
amending Directive 200898EC on waste
amending Directive 199931EC on the landfill of waste
amending Directive 9462EC on packaging and packaging waste
amending Directives 200053EC on end-of-life vehicles, 200666EC on batteries and
accumulators and waste batteries and accumulators, and 201219EU on waste
electrical and electronic equipment
Committee
responsible
Environment, Public Health
and Food Safety ENVI
Rapporteur
Simona Bonafè SD, Italy
Next steps expected
Consideration in ENVI
Committee
COM2015593, COM2015594,
COM2015595, COM2015596
of 02.12.2015
procedure ref. 20150272COD, 20150274COD,
20150275COD, 20150276COD,
Ordinary legislative procedure
EPRS European Parliamentary Research Service
Author Didier Bourguignon
Members Research Service
PE 573.936
EN
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Circular economy package
In this briefing
Introduction
Context
Existing situation
Changes the proposals would bring
Preparation of the proposal
Parliaments starting position
Stakeholders views
Advisory committees
Council
National parliaments
Parliamentary analysis
Legislative process
References
Introduction
In July 2014, the European Commission put forward an initial circular economy package. However, in March 2015 the Commission withdrew the legislative proposal on waste
included in that package, to make way for a more ambitious proposal that will cover
the whole of the circular economy. As part of a new circular economy package,
in December 2015 the Commission
presented an action plan for the circular economy, as well as four legislative proposals
amending the following legal acts
Waste Framework Directive
Landfilling Directive
Packaging Waste Directive
Directives on end-of-life vehicles, on batteries and accumulators and waste batteries
and accumulators, and on waste electrical and electronic equipment WEEE. Some proposals stem from legal obligations to review waste management targets. The
Waste Framework Directive requires the Commission to undertake the following actions
by the end of 2014 review the 2020 targets on reuse and recycling of household waste
and on construction and demolition waste set waste prevention objectives for 2020
and assess a number of measures, including extended producer responsibility schemes. The Landfilling Directive requires the Commission to review targets by July 2014.
The
Packaging Directive requires the Commission to review targets by the end of 2012. mainly
Context
Wide differences exist between
Member States regarding the
treatment of municipal waste,
generated
by
households, which represents
around 10 of the total waste
generated in Europe, measured
by weight. As
in
Figure 1, the share of recycling
and composting among waste
treatment methods
ranges
from 65 in Germany to 3 in
Romania EU average 43 six
Member States
less
than 5 of their municipal
waste, while eight Member
States landfill over 70 of their
landfill
shown
Figure 1 Municipal waste treatment methods and waste per
capita in EU28 2013
100
90
80
70
60
50
40
30
20
10
0
800
700
600
500
400
300
200
100
0
Material recycling
Composting and digestion
Landfill
Incineration
waste per capita in kg
Data source Eurostat env_wasmun, 2016. Members Research Service
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municipal waste EU average 31 the amount of municipal waste per capita and per
year varies from 272 kg in Romania to 747 kg in Denmark EU average 481 kg. Packaging waste in the EU, measured in weight, is made up of paper and cardboard
40, glass 20, plastic 19, wood 15 and metal 6, according to Eurostat
data. In 2012, 65 of packaging was recycled in the EU-28, although material-specific
recycling rates varied a great deal 84 for paper and cardboard packaging 72 for
glass and metallic packaging 38 for wooden packaging and 36 for plastic packaging. There are wide variations in recycling rates for specific packaging materials across
Member States, as illustrated in Figure 2. Figure 2 Recycling rates in packaging waste by material in EU28, 2012
100
90
80
70
60
50
40
30
20
10
0
100
90
80
70
60
50
40
30
20
10
0
All packaging
Paper and cardboard packaging
Plastic packaging
Wooden packaging
Metallic packaging
Glass packaging
Data source Eurostat env_waspac, 2016. Every year, 8-9 million tonnes of end-of-life vehicles ELV are generated in the
European Union. Eurostat data indicate that across Member States, from 80 to 100
of materials from ELVs collected through regular channels are recovered or recycled. In the 19 Member States for which information is available, waste portable batteries
and accumulators in 2013 amounted to 40 of portable batteries and accumulators
placed on the market, again according to Eurostat data. Batteries and accumulators not
collected separately enter the municipal waste stream and are either landfilled or
incinerated. Electrical and electronic waste, also referred to as waste of electrical and electronic
equipment, or e-waste, is one of the fastest growing waste streams, increasing at 3-
5 per year. In 2012, 9 million tonnes of electrical and
electronic products were put on the EU market, and
3.5 million tonnes of e-waste were collected through
regular channels for treatment of which 2.5 million
tonnes were later recycled or reused. Electrical and
electronic waste which are not collected separately
are either kept by consumers in their homes, collected
outside regular channels or disposed of with mixed
ordinary waste going to landfills or incinerators. Quality of waste statistics
Figures on waste management ought to
be treated with caution, especially as
regards comparison between Member
varying data
States, because of
collection methods, the lack of recent
data, the wide spectrum of waste types,
and the complexity of waste-treatment
streams. However, they can provide a
rough picture of the situation. Members Research Service
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Adverse effects from waste treatment methods can include the following
impacts on the environment in particular biodiversity and ecosystems landfills may
contaminate, depending on the way they are built, soil and water with chemicals
contained in waste littering can have severe consequences for wild animals,
especially through ingestion of microplastics more generally, if waste is not recycled
or recovered, the raw materials extracted and transformed to produce a product are
lost
impacts on the climate, as landfills release methane, a powerful greenhouse gas
impacts on human health, primarily associated with landfilling, due to the release of
air pollutants in the atmosphere and to the possible contamination of freshwater
sources and agricultural soils
impacts on the economy, as valuable materials are lost.1
However, a number of improvements in waste management have been recorded in
recent years
Municipal waste per capita in the EU decreased from 523 kg per person in 2007 to
481 kg per person in 2013, in part as a result of the economic downturn. The share of recycled or composted municipal waste in the EU28 increased from
31 in 2004 to 43 in 2013. According to the European Environment Agency EEA,
trends in the past decade also include a shift away from landfilling and a 56 drop in
net greenhouse-gas emissions from municipal waste management between 2001
and 2010. As regards packaging, the recycling rate for all packaging materials in the EU15
increased from 55.6 in 2004 to 66.4 in 2012.2
What is a circular economy? In a circular economy, products and the materials they contain are valued highly, unlike in the
traditional, linear economic model, based on a take-make-consume-throw away pattern. In
practice, a circular economy implies reducing waste to a minimum as well as re-using, repairing,
refurbishing and recycling existing materials and products. What used to be considered as
waste can be turned into a valuable resource. Moving towards a more circular economy could deliver benefits, among which reduced
pressures on the environment, enhanced security of supply of raw materials, increased
competitiveness, innovation, and growth and jobs.
However, it would also face challenges,
among which finance, key economic enablers, skills, consumer behaviour and business models,
and multi-level governance. legislation,
introducing an approach based on product
Existing situation
The 2005 Thematic strategy on waste sets out the general policy framework
life cycles,
modernising
preventing waste generation and promoting recycling. The 2011 Roadmap to a
resource-efficient Europe deals, inter alia, with waste management and aims to
manage waste as a resource by 2020. The Seventh Environment Action Programme,
Living well, within the limits of our planet also addresses waste management in its
priority objective aiming to turn the Union into a resource-efficient, green and
competitive low-carbon economy. Waste Framework Directive
The 2008 Waste Framework Directive sets the overarching legislative framework. It
defines the main concepts linked to waste management, including the polluter pays
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principle ensuring that the costs of preventing, controlling and cleaning up pollution
are reflected in the cost of goods, the waste hierarchy a priority order set among
waste prevention and management options, pictured in Figure 3 and the end-of-waste
status i.e. when waste ceases to be waste after recovery. The Directive sets binding
targets to be achieved by 2020 preparing for reuse and recycling of 50 of certain
waste materials from households and similar
sources, and preparing for reuse, recycling and
other recovery of 70 of construction and
demolition waste. It also requires Member States
to set up separate collection of waste where
appropriate, and to draw up waste management
plans and waste prevention programmes. Figure 3 Waste hierarchy
PREPARING FOR RE-USE
PREVENTION
RECYCLING
ENERGY
RECOVERY
Progress towards the target to recycle 50 of
household waste by 2020 has been uneven. A 2013
report by the EEA indicates that, while five
Member States have already achieved the target
and another six will achieve it if they continue to
improve their recycling rate at the current pace,
the majority of Member States would need to make an extraordinary effort in order to
achieve the target of 50 recycling by 2020.3 The overall increase in the recycling rate
appears to be mainly driven by materials such as glass, papercardboard, metals, plastic
and textiles. In contrast, increases in bio-waste recycling are much more modest. Source European Commission. DISPOSAL
Extended producer responsibility EPR
Extended producer responsibility schemes imply that producers take over the financial andor
organisational responsibility for collecting or taking back used goods, as well as sorting and
treatment for their recycling. They provide an incentive for producers to take into account
environmental considerations from the design phase to the end-of-life of their products, and
support the implementation of the waste hierarchy. The Waste Framework Directive sets principles regarding the implementation of EPR schemes in
Member States. Three stream-specific directives
end-of-life vehicles, batteries and
accumulators, waste electrical and electronic goods introduce EPR as a policy approach. It is
also used for packaging and other waste streams at varying levels in Member States. According
to the Commission and stakeholders, EPR schemes are the main driver for reaching the targets
set in the Packaging Directive, although in the absence of requirements, their effectiveness
varies a great deal. Although EPR is in theory an individual obligation, in practice producers often exert this
responsibility collectively through producer responsibility organisations PROs. A report
published in 2014 by the European Commission looks at differences in performance between
PROs across Member States and six waste streams.
It concludes that, in most cases, the best
performing schemes are not the most expensive ones, and that no single EPR model emerges as
the best performing and the most cost-effective. Landfilling Directive
The 1999 Directive on the landfill of waste bans landfilling of untreated waste4 and sets
targets. Compared to 1995, the base year, the share of biodegradable municipal waste
going to landfills may not be greater than 75 in 2006, 50 in 2009 and 35 in 2016,
with derogations granted to 16 Member States.5
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The reduction of biodegradable waste going to landfill mandated in the Landfilling
Directive is progressing, albeit at varying speeds. The above-mentioned EEA report
indicates that, while almost all of the 12 Member States without derogation are on
track to meet the 2016 targets, just seven of the 16 Member States with derogations
are estimated to have achieved the 2010 target. The report cites significant increases in
the generation of municipal waste as an important factor explaining slow progress in
some countries, since reduction targets are set compared to the total amount of
municipal waste generated in 1995. In addition, illegal landfills remain a problem in
some Member States.6
Packaging Waste Directive
The 1994 Directive on packaging and packaging waste aims to protect the environment
and to safeguard the functioning of the internal market. It requires Member States to
take measures to prevent packaging waste and to develop packaging reuse systems. The original 1994 Directive, and the amended version from 2004, set targets with
regard to recovery and recycling of packaging waste.
Targets set in 2004, to be met by
2008 except for Member States with a derogation,7 relate to the overall recovery and
recycling rates 60 and 55-80, respectively and to minimum recycling rates for
specific materials glass 60, paper and board 60, metals 50, plastics 22.5,
and wood 15. The Directive was modified in 2015 to introduce requirements on
lightweight plastic carrier bags. In its 2014 report on the fitness check of five waste stream directives, the European
Commission concludes that targets have generally been met, with a large number of
Member States over-achieving on targets, and only a few Member States lagging
behind, although there are some uncertainties about the quality of data provided by
Member States. The report highlights, however, that the market share of reusable
household packaging is decreasing and identifies potential conflicts between packaging
reuse schemes and recycling schemes. Directives on end-of-life vehicles, batteries and accumulators, and WEEE
The 2000 Directive on end-of-life vehicles aims to ensure appropriate management of
end-of-life vehicles ELVs in the EU. It encourages manufacturers and importers to limit
the use of hazardous substances and to develop the integration of recycled materials. The Directive sets targets for recovery and recycling to be met by 2006 and 2015. In its
2014 fitness check report, the European Commission indicates that although Member
States are on track to meet the 2015 targets,8 the collection and treatment by illegal
operators and the illegal shipment of ELVs remain major implementation challenges. The 2006 Directive on batteries and accumulators aims to improve the waste
management and environmental performance of batteries and accumulators, as well as
to ensure the functioning of the single market by establishing rules for their collection,
recycling, treatment and disposal. It also sets limit values for certain hazardous
substances in particular mercury and cadmium in batteries and accumulators. The
Directive provides for the creation of extended producer responsibility schemes and
sets recycling and collection targets to be met by 2010, 2012 and 2016. In its 2014
fitness check report, the European Commission provided an overview of the
implementation of collection rate targets in Member States and indicated that four
Member States did not comply with the Directive. The Directive on waste electrical and electronic equipment WEEE Directive, updated in
2012, sets incremental targets on several aspects minimum rates for separate
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reuse.9 Official data on the
collection, recovery and recyclingpreparing
implementation of the updated Directive are not yet available.
However, the European
Commission recently launched court proceedings against Poland, Slovenia and Germany
for failure to transpose the WEEE Directive. for
Changes the proposals would bring
The proposal amending the Waste Framework Directive sets targets regarding the
share of municipal waste prepared for reuse and recycling to be met by 2025 and 2030
see figure 4. Seven Member States which recycled less than 20 of their municipal
waste in 201310 are granted five additional years to reach the targets.
The proposal
requires the Commission to examine, by the end of 2024, whether a more ambitious
target for 2030 can be set. The proposal also defines general requirements for extended producer responsibility
schemes. It requires in particular financial contributions paid by producers to EPR
schemes to be modulated based on the costs necessary to treat their products at the
end of their life. In addition, the proposal requires Member States to use economic instruments to
implement the waste hierarchy, to take measures to prevent waste generation and to
ensure the separate collection of bio-waste where appropriate. The proposal amending the Landfilling Directive introduces a landfilling ban for
separately collected waste and limits the share of municipal waste landfilled to 10 by
2030. To ensure consistency with the targets set in the Waste Framework Directive, the
proposal grants the seven Member States mentioned above five additional years to
reach the target. The proposal requires the Commission to examine, by the end of 2024,
whether a more ambitious target can be set. The proposal amending the Packaging Waste Directive sets targets for the share of
packaging waste prepared for reuse and recycling to be met by 2025 and 2030, with
specific targets for various packaging materials see Table 1 for details. Although no
2030 target is proposed for plastic packaging, the Commission may propose one at a
later stage, based on a review of progress towards the target, the evolution of the
plastic packaging market and the development of recycling technologies. Table 1 Proposed waste management targets
2025
2030
Share of municipal waste prepared for reuse and recycling
Share of municipal waste landfilled
Share of all packaging waste prepared for reuse and recycling
Share of plastic packaging waste prepared for reuse and recycling
Share of wood packaging waste prepared for reuse and recycling
Share of ferrous metal packaging waste prepared for reuse and recycling
Share of aluminium packaging waste prepared for reuse and recycling
Share of glass packaging waste prepared for reuse and recycling
60
65
55
60
75
75
75
Share of paper and cardboard packaging waste prepared for reuse and recycling
75
Data source European Commission, 2015. 65
10
75
75
85
85
85
85
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Other changes are put forward in several of the proposals
aligning definitions and introducing an early warning system for monitoring progress
towards the targets Waste Framework Directive, Landfilling Directive, Packaging
Waste Directive
clarifying methods used to calculate progress towards targets Waste Framework
Directive, Packaging Waste Directive
simplifying and streamlining Member States obligations as regards reporting
improving the quality and reliability of statistics aligning provisions to Articles 90
and 291 TFEU on delegated and implementing acts all four proposals. The proposals are expected to deliver economic and environmental benefits. According
to the Commission, the four legislative proposals put forward would create over
170 000 direct jobs in the EU by 2035 avoid greenhouse gases emissions over
600 million tonnes of CO2 equivalent between 2015 and 2035
increase the
competitiveness of the EU waste management, recycling and manufacturing sectors
reduce the dependency of the EU on raw material
imports and reduce the
administrative burden. In addition, the proposals would reduce the impacts on
environment and human health described earlier. The proposals would also generate costs, which would most likely fall on public
authorities, businesses and ultimately consumers. A 2015 Ellen MacArthur Foundation
report calculates, extrapolating from UK government estimates, that the cost of
creating a fully efficient reuse and recycling system in the EU could be about
108 billion. The Commission indicates however that the proposals will not have an
impact on the European Union budget. Preparation of the proposal
The current proposal is largely based on preparatory work for the 2014 proposals. Studies were carried out on climate benefits from better waste management, waste
management and generation modelling, and extended producer responsibility. The
European Commission consulted key stakeholders and the wider public in 2013 in the
context of an external consultation. The Commission carried out an impact assessment with the support of a preliminary
assessment of options. In July 2014, the Commission published, on the basis of an
external study, an ex-post evaluation of five waste stream Directives11 in the context of
the regulatory fitness and performance programme REFIT. In order to prepare the 2015 proposals, the European Commission consulted Member
States and stakeholders in the course of 2015.
Zero Waste Europe
highlighted that the proposals fail to address waste prevention and reuse, although
some improvements have been introduced as regards methodologies, definitions and
requirements for EPR schemes. Advisory committees
The European Economic and Social Committee is expected to adopt an opinion on the
new circular economy package in April 2016. In its opinion of 10 December 2014 on the
initial circular economy package, the European Economic and Social Committee
welcomed the initiative while calling on the Commission to focus more specifically on
impacts on employment. Members Research Service
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The Committee of the Regions is expected to adopt its opinion on the legislative
proposals on waste in June 2016. In its opinion of 12 February 2015 on the initial
circular economy package, the Committee of the Regions called for ambitious waste
management targets underpinned by a general resource efficiency target. It also
advocated mandatory targets for waste prevention. Council
At a Council meeting of Environment Ministers on 16 December 2015, Member States
generally welcomed the new circular economy package as an improvement on the
initial one, although two expressed concern that the targets have such a high level of
ambition. The Competitiveness Council is scheduled to hold an exchange of views on
the package on 29 February 2016, and the Environment Council is expected to hold a
policy debate on the proposals on 4 March 2016. National parliaments
The deadline for national parliaments to submit comments on the proposals is
2 February 2016. Parliamentary advice
The European Parliamentary Research Service published appraisals of the initial
Commission impact assessment in October 2014 and on a specific impact assessment on
food waste in November 2014. A briefing on the supplementary impact-assessment
information is due to be published soon. Parliamentary services produced several publications on waste policy
an implementation appraisal on EU waste policy highlights, inter alia, large variations
between Member States in meeting waste policy targets
a briefing on waste management describes EU waste policy, including challenges
linked to toxic substances, downcycling and weaker norms outside the EU
a briefing on waste streams describes in detail the state of material-related streams
including metals, glass, paper, plastics, bio-waste and product-related streams
including packaging, electronic waste, batteries, end-of-life vehicles
a briefing on waste to energy underlines the challenges and the opportunities linked
to waste incineration, in particular in relation with recycling
a briefing on food waste puts this issue in a global perspective and describes
initiatives to address it at EU, national and local level
and more specifically on the shift towards a circular economy
a comparison of the 2014 and 2015 circular economy packages
a briefing on the new circular economy package analyses the circular economy action
plan presented in December 2015 as well as the opportunities and challenges related
to a shift towards a circular economy
a study on resource-efficiency
indicators summarises the presentations and
discussions at a workshop on this topic held in April 2015
a study on the recovery of rare earths from electronic waste highlights opportunities
for high-tech SMEs in this field. Legislative process
On 21 December 2015, the European Parliament Committee for Environment, Public
Health and Food Safety ENVI held an exchange of views with Environment
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Commissioner Karmenu Vella on the circular economy package. The ENVI Committee is
expected to consider the proposals in the coming months. References
Resource efficiency. Circular economy package Waste Landfill of waste Packaging and
packaging waste End-of-life vehicles, batteries and accumulators and waste batteries and
accumulators, waste electrical and electronic equipment, European Parliament, Legislative
Observatory OEIL. Circular economy in Europe Developing the knowledge base European Environment Agency,
January 2016. Closing the loop new circular economy package, European Parliamentary Research Service,
January 2016. Understanding waste streams treatment of specific waste, European Parliamentary Research
Service, July 2015. Understanding waste management policy challenges and opportunities,
Parliamentary Research Service, June 2015. Resource Efficiency Indicators, European Parliament Policy Department A, June 2015. Growth Within a circular economy vision for a competitive Europe, Ellen MacArthur
Foundation, June 2015. European
Implementation Appraisal briefing on Resource efficiency and waste, European Parliamentary
Research Service, September 2014. Well-being and the environment Building a resource-efficient and circular economy in Europe,
European Environment Agency, June 2014. Endnotes
1
2
A 2015 Ellen MacArthur Foundation report estimates that by 2030, a shift towards a circular economy could
reduce net resource spending in the EU by 600 billion annually, bringing total benefits estimated at 1.8 trillion
per year once multiplier effects are accounted for. EU28 data is only available as of 2012. 3 Nine Member States would need to increase their recycling rate yearly by 2-4 percentage points until 2020, a rate
that only three Member States achieved between 2001 and 2010. A further seven Member States would need to
achieve an unprecedented increase of more than four percentage points annually up to 2020.
4
5
6
7
Examples of treatment include sorting of waste. Twelve Member States Bulgaria, Cyprus, Czech Republic, Estonia, Greece, Latvia, Lithuania, Malta, Poland,
Romania, Slovakia, the United Kingdom have been given a four-year derogation, meaning that they must meet
their targets by 2010, 2013 and 2020. A further four Member States have been given specific derogations Ireland
has to meet the 2006 and 2009 targets by 2010 and 2013 Portugal has to meet the 2009 and 2016 targets by
2013 and 2020 Slovenia has to meet the 2016 target by 2020 Croatia must meet the targets by 2013, 2016 and
2020. The Court of Justice fined Italy in December 2014 for failure to bring 218 landfills into conformity with EU waste
legislation. In 2015, the Commission launched court proceedings against Greece and Spain over illegal landfills. Sixteen Member States have derogations to meet the 2008 targets.
For more details, see an overview of targets
and derogations by Eurostat. 8 However, the Commission initiated court proceedings against Poland in 2014 for failings in its ELV legislation and
against Romania in 2015 for failure to transpose the Directive on ELVs. 9 Minimum rates for the separate collection of WEEE are to be met by the end of 2015, between 2016 and 2018
and as of 2019, with derogations granted to 10 Member States. Recovery targets as well as recyclingpreparing
for reuse targets for individual product categories are to be met by August 2015, and between August 2015 and
August 2018. Recovery and recycling targets as of August 2018 have also been set. 10 Croatia, Estonia, Greece, Latvia, Malta, Romania and Slovakia. 11
Including the Directive on packaging and packaging waste, the Directive on end-of-life vehicles, and the Directive
on batteries and accumulators. Members Research Service
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