WRITTEN QUESTION P-1999/96 by Karin Riis-Jørgensen (ELDR) to the Commission (12 July 1996)

Subject: Definition of secondary raw materials and waste

The definition of waste is contained in Directive 91/156/EEC ((OJ L 78, 26.3.1991, p. 32. )), but the definition of secondary raw materials is completely missing. The present definition of waste has proven useless, mainly because it is too broad (includes 50% of the raw material for all the world's steelworks, metal smelters and papermills).

Will the Commission say what it intends to do to correct and clarify the waste definition and when it intends to act?

Would the Commission be prepared to amend Directive 91/156 and include a definition of secondary raw materials?

The free movement of non-hazardous raw materials is vital for the world's industry. Could the Commission confirm that the proximity and self-sufficiency principles do not apply to secondary raw materials, which is the main feedstock for steelworks, metal smelters and papermills all over the world?

Directive 91/156 imposes different rules on the establishments which carry out the operations which may lead to recovery (recycling), contrary to those which carry out disposal operations. Could the Commission confirm that this distinction is actually enforced accordingly in all Member States?

Answer given by Mrs Bjerregaard on behalf of the Commission (9 September 1996)

The notion of 'secondary raw materials', although mentioned in Article 3.1(b)(i) of Directive 75/442/EEC, as amended by Directive 91/156/EEC, is not defined by this Directive.

Since the adoption of Directive 91/156/EEC there have been discussions on whether or not there is a need to clarify and possibly amend the definition of waste as laid down in Article 1(a) of that Directive. Discussions on the definition of waste were held with Member States in the context of the technical adaptation committee for waste legislation. In particular, a specific ad hoc sub group of this committee, set up on proposal of the Commission, held three meetings dedicated to this subject.

However delegations to this committee took the view on 25 January 1995, that activity at Community level should be halted to await results of discussions on this matter in other fora, because no substantial progress had been achieved. On the basis of the eventual results of other fora, it could then be considered whether or not to re-open the debate at Community level.

A decision in this respect has not been taken in view of the fact that the discussions in other fora, in particular the Organization for European economic cooperation (OECD), have not yet been finalized. Therefore, the Commission does not consider it opportune at this stage to give an indication as to whether or not it would be prepared to amend Directive 75/442/EEC, as amended by Directive 91/156/EEC, with a view to include a definition of 'secondary raw materials', since it is of the opinion that as long as the discussions with Member States on this issue have not been finalized it does not dispose of all the necessary elements to take a balanced decision on the necessity of such an amendment.

As regards transboundary shipments of waste, under the regime of Council Regulation (EEC) No 259/93 on the supervision and control of shipments of waste, within, into and out of the Community ((OJ L 30, 6.2.1993. )) the principles of proximity and self-sufficiency only apply to waste which is shipped for final disposal. However, this Regulation also set up a notification and control regime for waste which is shipped for recovery.

In this context, shipments of categories of waste listed in Annex II of this Regulation (the so-called 'green list') destined for recovery operations are in principle exempt from the control procedures. The majority of the waste materials which may be used as secondary raw materials in recovery installations, such as scrap metals, glass and paper, feature in this Annex II. When such materials are shipped for recovery between Member States or member countries of the OECD, no notification or prior authorization is required. However, when such waste is shipped to non-OECD countries, the application of control procedures may be required pursuant to Article 17 of Council Regulation (EEC) No 259/93.

The Commission confirms that in accordance with Article 11.1(b) of Directive 75/442/EEC as amended by Directive 91/156/EEC, Member States may under certain conditions exempt installations which carry out the recovery of waste from the permit requirement generally applying to disposal operations. Member States which make use of this possibility have to inform the Commission.

According to the information available to the Commission, this distinction is not enforced in all the Member States. The majority of the Member States have taken over this provision in the transposition of Directive 75/442/EEC into national legislation, each having laid down their own specific conditions under which this exemption may be granted. However, a number of Member States (e.g. Belgium, Germany, Portugal) have not foreseen this optional provision in their legislation.