# CE2004078EN.01070501.xml

| 27.3.2004 | EN | Official Journal of the European Union | CE 78/705 |
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27.3.2004

EN

Official Journal of the European Union

CE 78/705

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(2004/C 78 E/0753)

WRITTEN QUESTION E-0790/03

by Christopher Huhne (ELDR) to the Commission

(14 March 2003)

Subject:   Legislation on waste incineration

Subject:

| 1. | Following the judgment of the Court of Justice on 13 February in case C-458/2000, does the Commission intend to bring forward any changes to the existing Community legislation regarding waste incineration in order to clarify the status of incineration as a recovery or disposal operation? |
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1.

Following the judgment of the Court of Justice on 13 February in case C-458/2000, does the Commission intend to bring forward any changes to the existing Community legislation regarding waste incineration in order to clarify the status of incineration as a recovery or disposal operation?

| 2. | Does the Commission consider that there are any contradictions between the Court's judgment in this case and existing EU legislation, such as the 1994 packaging directive, which specifies that energy recovery can be counted towards packaging waste recovery targets? |
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2.

Does the Commission consider that there are any contradictions between the Court's judgment in this case and existing EU legislation, such as the 1994 packaging directive, which specifies that energy recovery can be counted towards packaging waste recovery targets?

| 3. | What are the likely implications of the judgment, in the Commission's opinion, for the processing of municipal waste through incineration and the desirability of incineration as a means of treating waste? |
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3.

What are the likely implications of the judgment, in the Commission's opinion, for the processing of municipal waste through incineration and the desirability of incineration as a means of treating waste?

Answer given by Mrs Wallström on behalf of the Commission

(27 May 2003)

(27 May 2003)

| 1. | The Commission has launched a general study on recovery and disposal operations with a view to clarifying the definitions of recovery and disposal. This study will be submitted to a workshop of experts from Member States and stakeholders mid-2003.
  However, the Commission is of the opinion that changing the definition of energy recovery should be done in the framework of an amendment of Council Directive 75/442/EEC of 15 July 1975 on waste (1), as amended (2). At this stage the Commission is still reflecting on the need for any such proposals. |
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1.

The Commission has launched a general study on recovery and disposal operations with a view to clarifying the definitions of recovery and disposal. This study will be submitted to a workshop of experts from Member States and stakeholders mid-2003.

However, the Commission is of the opinion that changing the definition of energy recovery should be done in the framework of an amendment of Council Directive 75/442/EEC of 15 July 1975 on waste (1), as amended (2). At this stage the Commission is still reflecting on the need for any such proposals.

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| 2. | The European Court of Justice has decided in its judgement in case C-458/00 that the primary objective of incineration in a dedicated municipal waste incinerator is waste disposal. The Court added that this classification as a disposal operation is not changed if, as a secondary effect of the process, energy is generated and used.
  The consequence of the Court Decision is that the definition of the recovery target provided for in Article 6 of the Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging (3) waste should be interpreted as follows: The word recovery is defined in Directive 94/62/EC as any of the applicable operations provided for in Annex IIB to Directive 75/442/EEC. The Court's judgement in case C-458/00 has by applying the concept of the primary objective of the operation excluded dedicated incineration in municipal incinerators from this list of operations.
  Energy recovery defined as ‘the use of combustible packaging waste as a means to generate energy through direct incineration with or without other waste and with recovery of the heat’ is excluded from the concept of recycling as it is defined in Directive 94/62/EC.
  On this basis, to achieve the overall recovery target, Member States have either to increase recycling or to recover energy from the combustible fraction of the packaging waste stream through co-incineration in cement kilns or power plants, which have been recognised by the Court as recovery operations (Law case C-228/00, judgement 13 February 2003). |
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2.

The European Court of Justice has decided in its judgement in case C-458/00 that the primary objective of incineration in a dedicated municipal waste incinerator is waste disposal. The Court added that this classification as a disposal operation is not changed if, as a secondary effect of the process, energy is generated and used.

The consequence of the Court Decision is that the definition of the recovery target provided for in Article 6 of the Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging (3) waste should be interpreted as follows: The word recovery is defined in Directive 94/62/EC as any of the applicable operations provided for in Annex IIB to Directive 75/442/EEC. The Court's judgement in case C-458/00 has by applying the concept of the primary objective of the operation excluded dedicated incineration in municipal incinerators from this list of operations.

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Energy recovery defined as ‘the use of combustible packaging waste as a means to generate energy through direct incineration with or without other waste and with recovery of the heat’ is excluded from the concept of recycling as it is defined in Directive 94/62/EC.

On this basis, to achieve the overall recovery target, Member States have either to increase recycling or to recover energy from the combustible fraction of the packaging waste stream through co-incineration in cement kilns or power plants, which have been recognised by the Court as recovery operations (Law case C-228/00, judgement 13 February 2003).

| 3. | The waste management hierarchy contained in Council Resolution of 27 February 1997 (4) on a Community strategy for waste management gives the first priority to prevention and the second priority to recovery with a preference for reuse and material recovery insofar as they are the best environmental option. Disposal of waste is the last priority.
  For the time being, the Commission is still evaluating the consequences that the Court judgement could have on the decision of the competent authorities concerning the waste treatment technologies. Indeed, these decisions are influenced by ‘inter alia’ environmental legislation, including Community provisions such as obligations to divert large amounts of biodegradable waste from landfills and obligations to recycle large amounts of certain waste streams (packaging, end-of-life vehicles, waste electronic and electric equipment). In this context, one of the options for authorities maximising recovery of waste would be to opt for more composting or recycling, but also where appropriate for more energy recovery through co-incineration of waste in substitution of primary fuels in industrial installations (power plants, cement kilns).
  Additionally, irrespective of the classification of dedicated incineration as a recovery operation or a disposal operation, Directive 2000/76/EC of the Parliament and of the Council of 4 December 2000 on the incineration of waste (5) includes provisions requiring that energy is recovered as far as practicable. Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (6) also includes such a provision for recovering energy from landfill gas. Furthermore, the Best Available Techniques Reference document (BREF) for waste incineration currently under development in the framework of Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (7) will include a chapter on using the energy released by the waste. |
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3.

The waste management hierarchy contained in Council Resolution of 27 February 1997 (4) on a Community strategy for waste management gives the first priority to prevention and the second priority to recovery with a preference for reuse and material recovery insofar as they are the best environmental option. Disposal of waste is the last priority.

4

For the time being, the Commission is still evaluating the consequences that the Court judgement could have on the decision of the competent authorities concerning the waste treatment technologies. Indeed, these decisions are influenced by ‘inter alia’ environmental legislation, including Community provisions such as obligations to divert large amounts of biodegradable waste from landfills and obligations to recycle large amounts of certain waste streams (packaging, end-of-life vehicles, waste electronic and electric equipment). In this context, one of the options for authorities maximising recovery of waste would be to opt for more composting or recycling, but also where appropriate for more energy recovery through co-incineration of waste in substitution of primary fuels in industrial installations (power plants, cement kilns).

Additionally, irrespective of the classification of dedicated incineration as a recovery operation or a disposal operation, Directive 2000/76/EC of the Parliament and of the Council of 4 December 2000 on the incineration of waste (5) includes provisions requiring that energy is recovered as far as practicable. Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (6) also includes such a provision for recovering energy from landfill gas. Furthermore, the Best Available Techniques Reference document (BREF) for waste incineration currently under development in the framework of Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (7) will include a chapter on using the energy released by the waste.

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(1)  OJ L 194, 25.7.1975.

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(2)  OJ L 78, 26.3.1991.

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(3)  OJ L 365, 31.12.1994.

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(4)  OJ C 76, 11.3.1997.

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(5)  OJ L 332, 28.12.2000.

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(6)  OJ L 182, 16.7.1999.

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(7)  OJ L 257, 10.10.1996.

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