Report from the Commission to the Council and the European Parliament on the implementation of Community waste legislation - Directive 75/442/EEC on waste, Directive 91/689/EEC on hazardous waste, Directive 75/439/EEC on waste oils, Directive 86/278/EEC on sewage sludge and Directive 94/62/EC on packaging and packaging waste - For the period 1998-2000
Date: 2003-06-27
Institutions: European Commission
Subjects: application of EU law, environmental protection, national implementing measure, packaging product, report, sewage sludge, used oil, waste management

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 11.7.2003
COM(2003) 250 final/3

CORRIGENDUM
Annule et remplace le point 3.3 (Autosuffisance en matière
d’élimination des déchets - Article 5- concerne la Finlande)
ainsi que le tableau 3.1 du document COM(2003)250 du 19.5.2003
Concerne toutes les versions.

REPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN
PARLIAMENT

ON THE IMPLEMENTATION OF COMMUNITY WASTE LEGISLATION
Directive 75/442/EEC on waste,
Directive 91/689/EEC on hazardous waste,
Directive 75/439/EEC on waste oils,
Directive 86/278/EEC on sewage sludge and
Directive 94/62/EC on packaging and packaging waste

FOR THE PERIOD 1998-2000

   
TABLE OF CONTENTS

INTRODUCTION ....................................................................................................... 6

DIRECTIVE 75/442/EEC ON WASTE ...................................................................... 9

INTRODUCTION ....................................................................................................... 9

INCORPORATION INTO NATIONAL LAW......................................................... 10

National Law.............................................................................................................. 10

Definition of “waste” and the European Waste Catalogue (Article 1(a)).................. 10

Competent Authorities – Article 6 ............................................................................. 12

IMPLEMENTATION OF THE DIRECTIVE ........................................................... 12

Waste Management Plans – Article 7 ........................................................................ 12

Details on Waste Prevention and Waste Recovery – Article 3.................................. 14

Self-sufficiency in waste disposal – Article 5............................................................ 15

Details on waste generation and treatment - Article 7 (1) ......................................... 19

General rules to provide exemptions from the permit requirement – Article 11 ....... 20

Keeping records – Article 14 ..................................................................................... 21

Annex I....................................................................................................................... 24

DIRECTIVE 91/689/EEC ON HAZARDOUS WASTE........................................... 39

INTRODUCTION ..................................................................................................... 39

INCORPORATION INTO NATIONAL LAW......................................................... 40

National law ............................................................................................................... 40

Definition of “hazardous waste” and the Hazardous Waste List ............................... 40

IMPLEMENTATION OF THE DIRECTIVE ........................................................... 41

National consideration of “hazardous waste” – Article 1(4) ..................................... 41

Hazardous waste generated in households – Article 1(5) .......................................... 42

Records and identification of the discharge of hazardous waste – Article 2(1)......... 43

Mixing of hazardous waste – Article 2(2) –(4).......................................................... 45

General national rules replacing permit requirements for recovery operations –
Article 3(2) ................................................................................................................. 48

Inspections of the producers of hazardous waste – Article 4(1) ................................ 48

Records on Waste – Article 4(2)................................................................................ 50

1.

2.

2.1.

2.2.

2.3.

3.

3.1.

3.2.

3.3.

3.4.

3.5.

3.6.

1.

2.

2.1.

2.2.

3.

3.1.

3.2.

3.3.

3.4.

3.5.

3.6.

3.7.

2

3.8.

3.9.

Measures to ensure proper packaging and labelling of hazardous waste – Article 5 53

Waste management plans and waste statistics – Article 6 ......................................... 55

3.10.

Temporary derogation from this Directive – Article 7 .............................................. 56

3.11.

In addition to the questionnaire – Article 8 (3) .......................................................... 57

1.

2.

2.1.

2.2.

2.3.

3.

3.1.

3.2.

3.3.

3.4.

3.5.

3.6.

3.7.

3.8.

3.9.

1.

2.

3.

3.1.

3.2.

3.3.

DIRECTIVE 75/439/EEC ON THE DISPOSAL OF WASTE OILS ....................... 58

INTRODUCTION ..................................................................................................... 58

INCORPORATION INTO NATIONAL LAW......................................................... 59

National law ............................................................................................................... 59

Provisions regarding the regeneration of waste oils – Article 7 ................................ 60

More stringent national measures - Article 16........................................................... 60

IMPLEMENTATION OF THE DIRECTIVE ........................................................... 61

Waste oils management – Articles 2 and 3 ................................................................ 61

Constraints regarding the regeneration and combustion of waste oils – Article 3..... 62

Public information and promotional campaigns – Article 5 ...................................... 65

Details on undertakings collecting waste oils ............................................................ 67

Allocation of waste oils to any of the types of processing – Article 5(3).................. 68

Details on undertakings which handle (in the questionnaire: “dispose of”) waste oils69

Limit values set for combustion – Article 8............................................................... 71

Quantity limits for keeping records on waste oils – Article 11.................................. 72

Indemnities for undertakings which collect and dispose of waste oils – Article 14 .. 73

Annex II ..................................................................................................................... 75

DIRECTIVE 86/278/EEC ON SEWAGE SLUDGE................................................. 84

INTRODUCTION ..................................................................................................... 84

INCORPORATION INTO NATIONAL LAW......................................................... 85

IMPLEMENTATION OF THE DIRECTIVE ........................................................... 86

Specific conditions when sludge from septic tanks and other similar installations is
used – Article 3(2)...................................................................................................... 86

Concentration limit values for heavy metals in soil, sludge and maximum annual
loads – Article 5 ......................................................................................................... 87

As regards Annex 1B and the maximum quantities of sludge (dry matter) applicable
to soil – Article 5 (2)(a).............................................................................................. 87

3

3.4.

3.5.

3.6.

3.7.

3.8.

3.9.

Less stringent limit values for concentrations of heavy metals permitted on land for
growing crops intended exclusively for animal consumption – Annex IA, footnote 188

Less stringent limit values for concentrations of heavy metals permitted in soils with
a pH higher than 7 – Annex I A, footnote 2............................................................... 88

Less stringent limit values for the annual quantities of heavy metals introduced into
the soils intended for fodder crops – Annex I C, footnote 1 ...................................... 88

Description of the technologies employed for treating sludge – Article 6 ................ 89

As regards the frequency of analysis – Annex II A, paragraph 1: ............................. 90

As regards specific conditions for authorising injection or working into the soil of
untreated sludge – Article 6(a)................................................................................... 91

3.10.

Periods of prohibition of spreading before grazing or harvesting – Article 7 ........... 92

3.11.

Limit values or other measures for soils with a pH below 6 – Article 8.................... 92

3.12.

Soil analyses for other parameters than pH and heavy metals – Annex II B, paragraph
1.................................................................................................................................. 93

3.13.

As regards the minimum frequency of soil analysis – Annex II B, paragraph 2 ....... 94

3.14.

Quantities of sludge produced, sludge used in agriculture and average concentration
of heavy metals in sludge – Article 10....................................................................... 94

3.15.

Exemptions granted to small sewage treatment plants – Article 11 .......................... 95

4.

CONCLUSIONS........................................................................................................ 95

Annex III .................................................................................................................... 97

DIRECTIVE 94/62/EC ON PACKAGING AND PACKAGING WASTE ............ 108

INTRODUCTION ................................................................................................... 108

INCORPORATION INTO NATIONAL LAW....................................................... 109

National law ............................................................................................................. 109

Programmes going beyond the objectives referred to in Article 6(1)(a) and (b) ..... 109

Infringement proceedings......................................................................................... 110

IMPLEMENTATION OF THE DIRECTIVE ......................................................... 110

Prevention of packaging waste................................................................................. 110

Measures to encourage reuse systems...................................................................... 112

Measures to set up return systems............................................................................ 113

Encouragement of the use of recycled material ....................................................... 115

Information campaigns............................................................................................. 116

1.

2.

2.1.

2.2.

2.3.

3.

3.1.

3.2.

3.3.

3.4.

3.5.

4

3.6.

3.7.

3.8.

4.

4.1.

4.2.

National Standards relating to the essential requirements and to the concentration
levels of heavy metals .............................................................................................. 119

Specific chapter on waste management plans.......................................................... 120

Economic instruments.............................................................................................. 120

Quantities of PACKAGING waste, recovery and recycling rates ........................... 121

Introduction.............................................................................................................. 121

Packaging Waste Generation ................................................................................... 121

4.2.1.

Packaging waste generated per capita in Member States......................................... 122

4.2.2.

Packaging waste generated per unit of GDP in Member States............................... 122

4.3.

Overall Recycling and Recovery ............................................................................. 123

4.3.1. Current achievement of minimum requirements for 2001....................................... 123

4.3.2.

Exceeding maximum requirements.......................................................................... 123

4.4.

Material-Specific Recycling..................................................................................... 123

4.4.1. Glass Packaging Recycling...................................................................................... 124

4.4.2.

Paper Packaging Recycling...................................................................................... 124

4.4.3. Metal Packaging Recycling...................................................................................... 124

4.4.4.

Plastic Packaging Recycling .................................................................................... 124

4.5.

Conclusions.............................................................................................................. 124

Annex IV.................................................................................................................. 126

CONCLUSIONS AND PROSPECTS ..................................................................... 138

Waste definition ....................................................................................................... 138

Hierarchy of principles............................................................................................. 139

Waste management planning ................................................................................... 141

Waste statistics......................................................................................................... 141

Record keeping......................................................................................................... 142

Control of waste management.................................................................................. 142

Infringement proceedings......................................................................................... 143

Prospects .................................................................................................................. 145

1.1.

1.2.

1.3.

1.4.

1.5.

1.6.

1.7.

1.8.

5

INTRODUCTION

This  report  intends  to  inform  the  other  Community  Institutions,  Member  States  and  the
interested  public  of  the  implementation  of  waste  legislation  for  the  period  1998  to  2000,  in
particular the implementation of
–  Directive 75/442/EEC1on waste
–  Directive 91/689/EEC2 on hazardous waste (replaced Directive 78/319/EEC)
–  Directive 75/439/EEC3 on the disposal of waste oils
–  Directive 86/278/EEC4 on the protection of the environment, and in particular of the soil,

when sewage sludge is used in agriculture

–  Directive 94/62/EC5 on packaging and packaging waste

It  has  been  drafted  according  to  Article  5  of  Directive  91/692/EEC6  standardising  and
rationalising reports on the implementation of certain Directives relating to the environment.
The  Commission  has  already  published  a  report  on  the  implementation  of  Directives
75/442/EEC, 91/689/EEC, 75/439/EEC and 86/278/EEC for the period 1995 to 19977, as well
as a report for the period 1990-19948.

Under Directive 91/692/EEC Member States are required to submit reports, drawn up on the
basis  of  questionnaires.  Questionnaires  relating  to  Directives  75/439/EEC,  75/442/EEC  and
86/278/EEC  were  adopted  by  Commission  Decision  94/741/EC9  of  24  October  1994.
to  Directives  91/689/EEC  and  94/62/EC  were  adopted  by
Questionnaires  relating 
Commission Decision 97/622/EC10 of 27 May 1997.

Directive 91/692/EEC requires the Commission to publish a consolidated report. The aim of
this Community report is to enable Member States and the Commission to assess the progress
made in implementing the waste management Directives throughout the  Community and, at
the same time, provide the general public with information on the state of the environment.

The  report  is  primarily  based  on  information  received  from  Member  States;  as  such,  its
content  depends  largely  on  the  completeness,  quality  and  precision  of  the  national
contributions.  As  regards  in  particular  the  legal  cases  mentioned  in  the  report,  updated
information has been included which is subsequent to the reporting period 1998-2000.

According  to  Directive  91/692/EEC  Member  States  had  to  submit  their  reports  by  30
September  2001.  The  reports  from  Austria,  Germany,  Denmark,  Spain,  Finland,  France,
Greece,  Ireland,  Italy,  Luxembourg,  Sweden,  the  Netherlands  and  the  UK  were  transmitted
between  November  2001  and  February  2002.  Reports  from  the  3  regions  of  Belgium  were

1

2

3

4

5

6

7

8

9

10

OJ L 194, 25.07.1975, p. 47 as amended by Directive 91/156/EEC (OJ L 78, 18.03.1991, p. 32)
OJ L 377, 31.12.1991, p. 20
OJ L 194, 25.07.1975, p. 31 as amended by Directive 87/101/EEC (OJ L 42, 22.12.1986, p. 43)
OJ L 181, 04.07.1986, p. 6
OJ L 365, 31.12.1994, p. 10
OJ L 377, 23.12.1991, p. 48
COM (99) 752 final of 10.01.2000
COM (97) 23 final of 27.02.1997
OJ L 296, 17.11.1994, p. 42
OJ L 256, 19.9.1997, p. 13

6

                                                
transmitted  between  April  and  September  2002.  Portugal  submitted  its  reports  in  October
2002. Ireland submitted its report under Directive 94/62/EC in January 2003.

Most countries reported also electronically, via EIONET (European Environment Information
and Observation Network).

An  initial  assessment  of  MS  reports  by  the  Commission  revealed  a  number  of  gaps  and/or
inconsistencies,  which  were  pointed  out  to  the  Member  States  concerned.  Some  of  them
provided additional information. For those reports where significant deficiencies remain, the
Commission is considering initiating procedures under Article 226 of the EC Treaty.

The table below presents the correspondence between the NUTS (Nomenclature of territorial
units for  statistics)  levels  and  the  national  administrative  units,  which  are  quoted  in  various
tables throughout this report.

Co-operation  with  the  European  Topic  Centre  on  Waste  and  Material  Flow
(ETC/WMF)

This  is  the  second  time  for  the  waste  sector  that  the  report  has  been  worked  out  in  co-
operation  with  the  ETC/WMF,  which  focused  mainly  on  the  presentation  of  the  waste  data
provided in the questionnaires.

The  ETC/WMF  was  set  up  in  June  1997  by  the  European  Environment  Agency  to  act  as  a
centre  of  expertise  for  use  by  the  Agency  in  support  of  its  mission  and,  specifically,  to
undertake part of the Agency’s Multi-Annual Work Programme. It has established close co-
operation  with  all  Member  States  of  the  Agency.  This  co-operation  is  developed  through
EIONET (European Environmental Information and Observation Network), which deals with
collecting,  processing  and  analysing  environmental  data,  and  in  particular  the  National
Reference Centres for Waste.

7

NUTS 1

NUTS 2

NUTS 3

NUTS 4

NUTS 5

3 Provinces

11 Arrondissements

-

1

-

16 Regierungsbezirke

Groups of development regions

4 Development regions

de 

comunidades

7 Comunidades 

autonomas

+Ceuta y Mellila

-

1 Regional Authority

8 Counties/County

34 DEDs/Wards

1 Amter

38 Kreise

13 Nomoi

17
1

22
4

Provincias (4)
+Ceuta Mellila

Départements
+DOM

Regions

20 Provincie

1

12 COROP regio's

43

15

445

-

-

-

Communes

Kommuner

Gemeinden

51 Eparchies

150 Demoi/Koinotites

Comarras (41)

Municipios

Communes

50
2

96
4

boroughs

103

1 Cantons

40

35

-

-

-

30 Concelhos
minicipion

Comuni

12 Communes

Gemeenten

Gemeinden

305 Freguesias

Régions
+DOM

8
1

1

11 Regioni

1

4 Provincies

Gruppen von Bundesländern

3 Bundesländer

9 Gruppen von Politischen

Continente
+Regioes autonomas

1
2

Cimissaoes de
coordenacao regional
+Regioes autonomas

Bezirken

5

Grupos de Concelhos

2

Régions

Länder

Agrupacion 
autonomas

Z.E.A.T
+DOM

-

Gruppi di regioni

Landsdelen

BE

DK

DE

GR

ES

FR

IE

IT

LU

NL

AT

PT

FI

SE

UK

Manner-Suomi/Ahvenanmaa

2 Suuralueet

6 Maakunnat

19 Seutukunnat

88 Kunnat

Standard regions

11 Groups of counties

35 Counties/Local

authority regions

1 Riksområden

8 Län

24

-

65 Districts

Kommuner

485 Wards/Communities/

11095

Localities

EUR 15

77

206

1031

1074

98433

Table : Correspondence between the NUTS levels and the national administrative units.

The national totals of one level take the superior levels belonging to this level into consideration (e.g. Belgium: 10 provinces and 1 unit, Brussels, which belongs also to Nuts 1.

8

589

276

16176

5921

8077

36664

3445

8100

118

672

2351

4208

455

286

DIRECTIVE 75/442/EEC ON WASTE, AS AMENDED BY
DIRECTIVE 91/156/EEC

1.

INTRODUCTION

Directive  75/442/EEC11  constitutes  the  fundamental  legal  framework  instrument  on
waste management at Community level. After entering into force in 1977 it was amended
by  Directive  91/156/EEC12  in  order  to  incorporate  the  guidelines  set  out  in  the
Community  Strategy  for  Waste  Management  of  1989.  In  1996,  Annex  II  of  Directive
75/442/EEC  containing  the  lists  of  disposal  and  recovery  operations  was  amended  by
way  of  Commission  Decision13.  The  review  of  the  Community  Strategy  for  Waste
Management  of  30  July  199614  confirmed  the  main  elements  of  the  1989  Strategy  and
adapted it to the requirements for the next five years.

The main provisions of Directive 75/442/EEC as amended are in particular:

–  definition of  waste, crystallised  further by the European  Waste Catalogue  (EWC)  as
consolidated  by  Commission  Decision  2000/532/EC  as  amended15,  and  other  waste
management terminology (Article 1)

–  the  hierarchy  of  waste  management  principles:  waste  prevention,  recovery,  safe

disposal (Article 3 and 4)

–  the principle of proximity and self-sufficiency applying to waste for final disposal and

the establishment of an integrated network of disposal installations (Article 5)

–  the  obligation  on  the  part  of  Member  States  to  establish  waste  management  plans,

which are essential to the realisation of this policy (Article 7)

–  permits  for  establishments  and  undertakings  carrying  out  disposal  and  recovery

operations (Article 9 and 10)

–  inspections by competent authorities (Article 13)

–  record keeping requirements (Article 14)

–  the polluter-pays-principle (Article 15)

–  reporting requirements (Article 16)

11

12

13

14

15

OJ L 194, 25.07.1975, p. 47
OJ L 78, 18.03.1991, p. 32
OJ L 135, 06.06.1996, p.32
COM(96) 399 final, 30.07.1996
OJ  L  226,  6.9.2000,  p.3  (Commission  Decision  2000/532/EC  replacing  Decision  94/3/EC
establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and
Council  Decision  94/404/EC  establishing  a  list  of  hazardous  waste  pursuant  to  Article  1(4)  of
Council  Directive  91/689/EEC)  as  amended  by  Commission  Decisions  2001/118/EC  (OJ  L  47,
16.1.2001,  p.1)  and  2001/119/EC  (OJ  L  47,  22.1.2001,  p.32)  as  well  as  Council  Decision
2001/573/EC (OJ L 203, 23.7.2001,p.18).

9

                                                
This report is based on the questionnaire adopted by Commission Decision 94/741/EC16
of 24 October 1994. It covers the period 1998-2000.

In addition to the first part of the questionnaire (INCORPORATION INTO NATIONAL
LAW), comments have been incorporated with regard to the state of implementation of
the  definition  of  waste  and  the  European  Waste  Catalogue.  This  has  been  done  with  a
view  to  following  up  the  evaluation  made  in  the  Commission's  first  report  on
implementation of Community waste legislation for the period 1995-1997.

2.

INCORPORATION INTO NATIONAL LAW

2.1.

National Law

All 15 Member States confirmed that they have provided the Commission with details of
the  current  laws  and  regulations  in  force  to  incorporate  the  Directive  75/442/EEC  on
waste  as  amended  into  national  law.  Lists  of  national  provisions  communicated  by  the
Member  States  concerning  Directives  75/442/EEC  and  91/156/EEC  are  available  for
inspection on the European Union's CELEX Website17.

2.2.

Definition of “waste” and the European Waste Catalogue (Article 1(a))

Under  Directive  75/442/EEC  “waste”  shall  mean  any  substance  or  object  in  the
categories set out in Annex I of the directive which the holder discards or intends or is
required  to  discard  (Article  1(a),  first  subparagraph).  The  Commission  has  taken
measures  to  establish  the  so-called  European  Waste  Catalogue  (EWC),  pursuant  to
Article  1(a).  This  is  now  set  down  in  consolidated  form18  in  Commission  Decision
2000/532/EC, as amended.

The previous implementation report 1995-1997 noted that numerous divergences existed
as  between  Member  States  as  regards  their  transposition  of  the  common  definition  of
"waste"  set  out  in  Article  1(a)  into  national  legislation.  It  is  clear  that  correct
implementation  of  the  waste  definition  is  of  pivotal  importance  to  ensure  that  Member
States  implement  their  waste  management  obligations  correctly  under  Directive
75/442/EEC and related waste legislation19. In particular, this is necessary to ensure that
a  common  scope  of  environmental  protection  applies  on  a  Community-wide  basis  and
that  the  functioning  of  the  internal  market  is  not  undermined.  Since  that  report,  the
transposition  of  the  waste  definition  still  remains  an  issue  with  respect  to  a  number  of
Member States.

In Italy Article 14 of the Decree of 8 July 2002 provides for interpretative criteria to the
term "discard" as laid down in Article 6(1)(a) of the Italian Decree 22/97 (basic statute on
waste) which transposed Directive 75/442/EEC into national law. Specifically, Article 14

16

17

18

19

OJ L 296, 17.11.1994, p. 42
http://www.europa.eu.int/celex
Non-exhaustive list.
In  this  context  it  is  relevant  to  note  that  the  European  Court  of  Justice,  in  its  judgement  on  joint
cases C-418/99 and C-419/99 (ARCO Chemie Nederland and Others), declared, in particular, that
the  question  whether  a  substance  is  in  fact  waste  must  be  determined  in  the  light  of  all  the
circumstances, regard being had to the aim of directive 75/442/EEC and the need to ensure that its
effectiveness is not undermined.

10

                                                
establishes that there is no decision to discard when the substance or object concerned is
either reused in the same or another production or consumption cycle, with or without it
having  been  subject  to  any  pre-treatment  with  any  recovery  operation  involved.  The
Commission  considers  that  this  provision  is  inconsistent  with  the  case  law  of  the
European  Court  of  Justice  and  has  the  potential  to  exclude  certain  materials  from  the
scope of Italian waste legislation that would otherwise fall under the Community waste
definition.

Luxembourg has failed to transpose the EWC, as confirmed by the European Court of
Justice  on  15  January  200220.  Specifically,  it  has  sought  to  incorporate  the  EWC  by
means of ministerial circular binding only on the administration and introduces alongside
the EWC a purely domestic nomenclature of waste differing from the EWC.

Notwithstanding  recent  changes  to  domestic  framework  legislation,  infringement
proceedings  are  also  ongoing  against  Austria  concerning  the  incorrect  transposition  of
the  Community  waste  definition,  in  particular  in  respect  of  the  transposition  of  the
EWC.21  In  addition,  §5  of  the  Austrian  Waste  Management  Act  200222  introduces  a
presumption that certain residual substances found in waste (Altstoffe23) no longer remain
waste when they or their material elements are directly used as substitutes for products
derived from primary raw material extraction. It is settled case law of the European Court
of Justice that the fact that waste may be used as a substitute for products by itself does
not  mean  that  the  waste  may  be  declassified  from  the  waste  definition  under  Directive
75/44/EEC. Instead, the use of waste is to be assessed according to whether this accords
with  the  appropriate  management  of  waste  requirements  as  set  out  in  Directive
75/442/EEC and related waste legislation.

In  December  2001,  the  Commission  decided  to  refer  the  United  Kingdom  to  the
European  Court  of  Justice  concerning  the  incorrect  transposition  of  the  definition  of
waste  (case  C-62/03).  Section  75  of  the  Environment  Protection  Act  199024  only
transposes  the  requirements  of  Directive  75/442/EEC  in  relation  to  "controlled  waste",
which  is  defined  under  the  1990  Act  as  meaning  only  "household,  industrial  and
commercial  waste  or  any  such  waste".  This  is  a  more  limited  definition  that  the  waste
definition set out in Article 1(a) of Directive 75/442/EEC as amended. Similar problems
arise in connection with the transposition legislation applicable to Northern Ireland25 and
Gibraltar.26

(cid:1)  Since the previous implementation report for 1995-1997, it is apparent that a number
of  Member  States  still  do  not  transpose  the  waste  definition  correctly  into  national
law. The transposition deadline elapsed on 1 April 1993.

20

21

22

23

24

25

26

(judgement  available  on  ECJ  website:

Case  C-196/01  Commission  v  Luxembourg 
www.curia.eu.int).
Case pending with the European Court of Justice C-194/01 Commission v Austria.
Namely, the Waste Management Act 2002 (Abfallwirtschaftsgesetz 2002, BGBl I of 16 July 2002,
Nr 102, at p989).
'Altstoffe'  are  defined  in  §2(4)  subparagraph  1  of  the  Waste  Management  Act  2002  as  including
either  waste  substances  which  are  separated  from  other  waste  or  substances  which  are  obtained
through a treatment of waste done in order to subject them to a recovery operation.
Applicable to England, Scotland and Wales.
Waste and Contaminated Land (Northern Ireland) Order 1997.
Public Health Ordinance, as amended by Public Health (Waste) (N°2) Regulations 1995 and Public
Health (Amendment) Ordinance 1997.

11

                                                
2.3.

Competent Authorities – Article 6

According  to  Article  6,  Member  States  have  to  establish  or  designate  the  respective
authorities responsible for the implementation of the Directive.

Table  1  provides  an  overview  of  the  different  structures  of  the  national  waste
administrations.  The  number  of  authorities  in  the  waste  sector  and  their  competencies
differs widely throughout the European Union.

3.

IMPLEMENTATION OF THE DIRECTIVE

3.1.

Waste Management Plans – Article 7

According  to  Article  7  (1)  the  competent  authorities  shall  draw  up  waste  management
plans  which  shall,  in  particular,  relate  to  the  type,  quantity  and  origin  of  waste  to  be
recovered  and  disposed  of,  general  requirements,  any  special  arrangements  for
particular wastes and suitable disposal sites or installations.

Waste  management  plans  are  a  key  element  in  the  Community’s  waste  management
policy as, without appropriate planning, Member States are not in a position to be able to
account for and deal with the waste that arises in their territories. In addition to directive
75/442/EEC,  Article  6  of  Directive  91/689/EEC  on  hazardous  waste  and  Article  14  of
Directive 94/62/EC on  packaging  and  packaging  waste  require  also  waste  management
plans for those wastes.

Table 2 gives an overview of the existing waste management plans. The submitted plans
vary widely in their structure, content and degree of detail. One reason is that these plans
are  worked  out  on  different  national,  regional  and  local  levels,  another  reason  that
Member  States  have  different  levels  of  experience  in  waste  management  planning.
Whilst the state of national waste management planning in certain parts of the European
Union as a whole is still not satisfactory, some notable progress has been made overall
since the last report was made.

Fourteen Member States confirmed that they have drawn up waste management plans in
order  to  achieve  the  objectives  of  Article  3,  4  and  5  of  Directive  75/442/EEC,  as
amended. Austria, Denmark, Luxembourg, Spain and Sweden have all drawn up new
waste  management  plans  at  national  level  in  the  period  of  1998-2000.  France  and
Germany state that they have drawn up a large number of regional and local waste plans.
Greece and Ireland drew up their national plans as recently as 2001.

In  1997,  the  Commission  brought  a  raft  of  infringement  actions  under  Article  226  EC
against several Member States27 for having failed to draw up waste plans in accordance
with Article 7 of Directive 75/442/EEC as amended. Since that time, those infringement
actions have been reduced to three as several Member States have adopted waste plans in
accordance  with  Directive  75/442/EEC  as  amended.  In  2002,  the  European  Court  of

27

Namely,  against  Denmark,  Germany,  Greece,  Spain,  France,  Ireland,  Italy,  Luxembourg,  Finland,
Sweden and the UK.

12

                                                
Justice  confirmed  that  France28,  Italy29  and  the  UK30  had  failed  to  implement  waste
plans  as  required  by  Article  7.  The  Commission  decided  to  initiate  a  second  round  of
legal proceedings against Italy, under Article 228 of the EC Treaty, for failing to comply
with  the  Court  ruling.  At  the  time  of  writing,  the  Commission  is  assessing  whether
further  infringement  action  against  France  and  the  United  Kingdom  is  necessary  under
Article 228 of the EC Treaty.

Discussions  with  Member  States  have  revealed  an  interest  in  having  a  European
guideline  for  planning  of  waste  management.  The  European  Topic  Centre  on  Waste  is
finalising guidelines for waste management planning which should prove a useful tool in
order to improve and adjust the level of waste management planning for actual and future
Member States. These guidelines are due to appear in 2003.

Collaboration  between  Member  States  as  referred  to  in  Article  7(2)  has  taken  place
between some Member States. Finland and Sweden have collaborated concerning final
disposal of municipal waste31 and sewage sludge management. Germany reported that a
number  of  its  Länder  consult  with  adjacent  border  regions  of  other  Member  States  on
planning  (Schleswig-Holstein,  Lower  Saxony,  North  Rhine  Westphalia  and  Saarland).
Belgium  reported  that  the  regions  of  Flanders  and  Wallonia  have  consultations  and
contacts with neighbouring Member States  on planning  aspects.  The UK referred to its
previous  submission  for  the  first  report  concerning  collaboration  between  the  UK  and
Ireland concerning the incineration of clinical waste in the UK. Ireland32 did not supply
any details.

A number of Member States reported that they had provided the Commission with details
of  measures  taken  under  Article  7(3)  to  prevent  movements  of  waste  which  are  not  in
accordance  with  their  waste  management  plans:  Austria,  Denmark,  Spain,33  Italy,
Luxembourg,  the  Netherlands,  Finland34,  and  the  UK.  Belgium,  Greece,  France,
Germany,  Portugal  and  Sweden  confirmed  that  they  had  not  adopted  any  such
measures. Belgium stated that the region of Flanders adopted measures on a case by case
basis, according to the waste type and factor of capacity, whilst Wallonia had not adopted
any  general  measures.  Ireland  stated  that  no  such  measures  have  been  considered
necessary.

In the Copenhagen case,35 the ECJ has had occasion to shed light on the interrelationship
between  Article  7(3)  of  Directive  75/442/EEC  as  amended  and  the  rules  on
transboundary shipments of waste destined for recovery enshrined in the Waste Shipment

28

29

30

31

32

33

34

35

judgement  24.01.2002  (available  on  ECJ  website

Case  C-292/99  Commission  v  France,  judgement  02.05.2002  (available  on  ECJ  website
www.curia.int).
Case  C-466/99  Commission  v  Italy, 
www.curia.int).
Case C-35/00 Commission v UK, judgement 24.01.2002 (available on ECJ website www.curia.int)
Together with Norway.
Ireland referred to its  waste  management (planning) regulations of 1997 allowing  for consultation
with relevant local authorities in Northern Ireland.
Spain referred to its Law 10/98 in allowing the possibility of such measures to be taken (at NUTS 2
level).
Finland  referred  to  its  Government  Decision  14/2000  of  1.2.2000  which  amended  its  National
Waste Plan with a view to avoiding overlaps with the Waste Shipment Regulation (EEC) N°259/93.
Case C-209/98 FFAD v Kobenhavens Kommune [2000] ECR I-3743.

13

                                                
Regulation (EEC) N° 259/93, as amended (WSR).36 It confirmed that Article 7(3) must
be interpreted as allowing a Member State to take measures in relation to the shipment of
waste if the shipment is not in accordance with its waste management plan, on condition
that the plan is in conformity with the rules of the EC Treaty and of Directive 75/44237.
In Dusseldorp38, the ECJ confirmed that Article 7 of the WSR does not provide for the
possibility  of  Member  States  adopting  measures,  based  on  purely  economic
considerations,  to  implement  the  principles  of  proximity  and  self-sufficiency  in  the
context of shipments of  waste between Member  States  destined  for  recovery. Since the
late 1990s, the Commission has taken infringement action against a number of Member
States  which  have  taken  steps  to  prevent  or  restrict  exports  of  waste  destined  for
recovery39.

(cid:1)  During  1997-2000  the  Commission  took  legal  action  against  several  Member  States
which failed to ensure that  waste  plans  were  in  place.  By  the  end  of  that  period  the
majority of Member States had drawn up plans. Problems persist with France, UK and
Italy. Member  States have developed  some arrangements  with one  another  on  waste
planning aspects, particularly  for  cross-border  neighbouring  areas.  The  nature  of  the
interrelationship  between 
internal  market
requirements  continues  to  raise  a  number  of  legal  issues  for  clarification  at  judicial
level.

local/national  waste  planning  and 

3.2.

Details on Waste Prevention and Waste Recovery – Article 3

According  to  Article  3  (1)  of  the  Directive  and  the  Community  Waste  Management
Strategy Member States have to take measures to encourage waste prevention (reduction
of waste generation and its harmfulness) and waste recovery (with the preference re-use,
recycling and energy recovery).

Several of Member States simply confirmed that they had provided the Commission with
details  of  measures  intended  to  be  taken  pursuant  to  Article  3(1)  but  did  not  provide
accompanying  further  information:  Belgium,  Denmark,  Germany,  Spain,  France,
Italy,  Luxembourg,  the  Netherlands,  Austria,  Sweden  and  the  UK.  Accordingly,  in
respect of these Member States reference should be made back to the relevant section in
the first report for 1995-1997 for information on Article 3(1) implementation measures.

Greece referred to its legislative rules on packaging40 and its establishment of a National
Organisation for the Alternative Management of Packaging.

Portugal  reported  that  it  had  notified  the  Commission  of  a  number  of  national  waste
planning  documents  which  include  focus  on  the  objectives  of  preventing  or  reducing
waste  volumes  and  the  risks  posed.  It  noted  that  it  had  expanded  considerably  the
numbers of separate collection and recycling centres serving the population, from under
1% in 1995 to 80% by 2000.

36

37

38

39

40

Regulation (EEC) N°259/93 on the supervision and control of shipments of waste within, into and
out of the European Community, as amended (OJ L 30, 6.2.1993, p.1).
At paragraph 95 of judgement.
Case C-203/96 Chemische Afvalstoffen Dusseldorp BV et al. [1998] ECR I-4075.
Cases  currently  pending  before  the  ECJ:  C-113/02  Commission  v  Netherlands,  C-228/00
Commission v Germany and C-458/00 Commission v Luxembourg.
Law 2939/2001.

14

                                                
Finland  reported  a  number  of  measures  that  it  has  adopted.  Notably,  its  waste
legislation41 contains general duties of care concerning waste prevention and reduction of
its quantity and harmfulness. In particular, under Finnish law it is required that producers
use  raw  materials  sparingly  in  production  and  substitute  the  use  of  raw  materials  with
waste to the extent that this is possible. In addition, producers are under a duty of care to
ensure that products are durable, reparable or recoverable as waste, and that the hazards
emanating  from  a  product  in  its  waste  phase  are  minimised.  Competent  authorities  are
required  to  promote  fulfilment  of  these  obligations  and  use  recyclable  products  or
products  manufactured  from  recycled  materials.  Environmental  permits  are  required  in
principle to include an account of proposed measures to reduce waste quantities and the
hazardousness  of  waste  generated42.  Finland  noted  that  its  national  and  regional  waste
plans  include  targets  on  waste  prevention  and  measures  necessary  to  achieve  those
targets. Finally, it referred to related Government Decisions under waste and  chemicals
legislation, such as on ozone-depleting substances, batteries and accumulators, PCBs and
PCTs.

Ireland did not report on the state of its implementation of Article 3(1) and referred back
to its report for period 1995-1997.

(cid:1)  From the information provided by Member States, it remains unclear whether and to
how much waste has been prevented within the European Union over the 1998-2000
period.

3.3.

Self-sufficiency in waste disposal – Article 5

Pursuant to Article 5 (1) Member States have to take measures to establish an integrated
and adequate network of disposal installations in order to enable the Community and the
Member States to become self-sufficient in waste disposal. According to Article 4(3a) i)
of Regulation (EEC) No. 259/93 Member States may ban the shipment of waste destined
for disposal in another Member State.

Austria reported that under the auspices of its waste plans surveys of available treatment
capacities and requirements are carried out at regular intervals for the entire territory. No
details  were  supplied  on  whether  any  collaboration  exists  with  other  Member  States.
Some 0.032m tonnes out of a total of 48.6m tonnes of waste generated in Austria in 1999
were exported for disposal, representing over 99% self-sufficiency.

Belgium reported that  it  had not taken  any measures for the  purposes  of  implementing
Article  5(1).  Co-operation  with  other  Member  States  for  this  purpose  has  taken  place
with  the  Flemish  Region,  this  being  under  the  auspices  of  EU  legislation  on  waste
shipments43.  Apart  from  discussions  between  this  Region  and  the  Netherlands,  no
structures  for  co-operation  exist.  No  specific  information  was  supplied  regarding  the
extent to which Belgium was self-sufficient in waste disposal for the period 1998-2000.

41

42

43

Section  4  of  the  Finnish  Waste  Act  1072/1993.  See  also  Decree  1390/1993  for  other  related
obligations.
Finnish Environmental Protection Act 86/2000 and Decree 169/2000.
Regulation (EEC) N°259/93 on the supervision and control of shipments of waste within, into and
out of the European Community, as amended (OJ L 30, 6.2.1993, p.1).

15

                                                
Denmark reported no change from its position with respect to the first report 1995-1997
in  terms  of  measures  adopted.  As  regards  self-sufficiency,  it  stated  that  total  waste
production  in  Denmark  stood  at  12.2m  tonnes  in  1999.  Of  this  quantity,  some  7.8m
tonnes  was  recycled,  2.93m  tonnes  incinerated,  1.47m  tonnes  disposed  of  and  0.017m
tonnes was subject to special treatment.

Finland confirmed that it had taken measures to fulfil Article 5(1). The  general  targets
and measures to achieve them are defined in legislation44 and have been further specified
in the National Waste Plan adopted in 1998. The plan outlines the targeted infrastructure
of the network of waste management installations in Finland by 2005. Municipal waste
management  is  based  on  regional  co-operation.  Hazardous  wastes  are  disposed  of  or
recovered  in  centralised  plants.  The  responsibility  for  recovery  and  final  disposal  of
the  waste  producers.
industrial,  agricultural  and  construction  waste 
Collaboration exists with Sweden as regards border areas. In terms of the degree of self-
sufficiency in waste disposal, Finland confirmed the following amounts of waste exports
for 1999: 0.0034m tonnes out  of  a  total  of  2.4m  tonnes  of  solid  municipal  waste  (over
99.8%  self-sufficient);  0.000086m  tonnes  out  of  a  total  of  0.678m  tonnes  of  hazardous
waste (some 100% self-sufficiency).

lies  with 

France  affirmed  that  it  had  taken  legislative  measures  for  the  purposes  of  fulfilling
Article  5(1)45.  No  details  were  supplied  on  whether  any  collaboration  exists  with  other
Member States. In terms of self-sufficiency in waste disposal, France reported that each
year some 0.02m tonnes out of a total of 3m tonnes of hazardous waste are exported for
disposal (approximately 99.3% degree of self-sufficiency), while for municipal waste the
degree of self-sufficiency is nearly 100%.

Germany reported taking the following measures in fulfilment of Article 5(1): extensive
plans for waste treatment plants and disposal sites, co-ordinated as between neighbouring
Länder (regional states).  Co-operation agreements  exist  between  Länder  with a view to
making  fuller  use  of  available  treatment  facilities  such  as  waste  disposal  sites,  thermal
treatment  plants  and  underground  disposal  sites46.  The  Brandenburg/Berlin  joint
hazardous waste company was cited as an example. Various Länder are reported to have
programmes  providing  financial  support  in  the  field  of  waste  management.  As  regards
collaboration with other Member States for this purpose, Germany referred to its position
provided for the 1995-1997 report47. As far as the degree of self-sufficiency in terms of
waste disposal is concerned, Germany reported that in 2000 it exported some 1.3m and
0.09m tonnes of hazardous waste for recovery and disposal respectively. It noted that in
2000  some  1.5m  and  0.4m  tonnes  of  hazardous  waste  was  imported  for  recovery  and
disposal  respectively.  Most  Länder  are  reported  by  Germany  to  endeavour  to  be  self-
sufficient in waste management.

44

45

46

47

Waste Act 1072/93, section 6.
Law N° 76-663 of 19 July 1976.
An example of such co-operation between Länder is provided in the recent ECJ judgement Case C-
324/99 DaimlerChrysler AG v Land Baden-Württemberg (LBW) [2001] ECR I-9897, in which LBW
arranged for waste requiring special supervision to be sent to Hamburg for treatment.
It is also clear that Germany is prepared to import quantities of waste from other Member States for
the purposes of underground deposition: see Case C-6/00 Abfall Service AG (ASA) v Bundesminister
für Umwelt, Jugend und Familie, ECJ judgement of 27.2.2002 (not yet reported).

16

                                                
Greece reported that it had not taken any measures to fulfil the obligation in Article 5(1).
Such elements are included in the 2002 update of its waste strategy aiming at integrated
management  on  a  regional  basis.  Without  providing  specific  details,  it  confirmed  that
collaboration for this purpose exists between Greece and other Member States as regards
transfrontier  shipment  of  both  hazardous  and  non-hazardous  waste  for  recovery  or
disposal.  This  is  reported  to  take  the  form  of  collaboration  between  undertakings
operating  in  the  field  of  waste  management,  subject  to  consent  of  the  competent
authorities48. In response to the question on degree of self-sufficiency in waste disposal,
Greece reported that 31.7% of domestic waste is disposed of at so-called 'Waste Hygienic
Landfill Sites', whereas 59,6% is disposed at sites in Greece which do not fulfil all of the
conditions imposed by legislation in force. 8% and 0.7% of such waste is reported to be
recycled and composted respectively.

Ireland  affirmed  that  it  had  taken  Article  5(1)  measures49  and  referred  to  financial
assistance  allocated  under  the  EU  Structural  Funds  for  relevant  infrastructure.
Collaboration  has  been  established  with  the  UK  according  to  which  hazardous  waste
requiring  high  temperature  incineration  may  be  exported  to  the  UK  for  disposal  on  an
indefinite basis. Ireland stated that there is a high degree of self-sufficiency in terms of
disposal of non-hazardous waste and reported that in 1998 some 98000 tonnes out of  a
total of 370328 tonnes of hazardous waste were exported for treatment or disposal.

Italy affirmed  that  it had  taken  Article  5(1)  measures  in  the  form  of  its  regional  waste
plans as notified to the Commission, without  providing  further  details.  No  details  were
supplied on whether any collaboration exists with other Member States. Italy confirmed
that it was close to being totally self-sufficient in terms of waste disposal.

Luxembourg  confirmed  that  the  disposal  of  waste  is  taken  care  of  by  various
installations  at  national  level,  suitable  for  household,  industrial  and  inert  waste.  It
reported  that  formalised  co-operation  with  other  Member  States  is  defined  within  the
framework  of  the  national  waste  plan,  which  identifies  the  priorities  for  waste  flows.
Some 0.05m tonnes of waste were exported for disposal annually to other Member States
over  the  period  1998-2000.  Luxembourg  reported  the  following  amounts  of  waste
exported in 2000: some 0.003m tonnes out of a total of some 0.191m tonnes of municipal
waste (98.4% self-sufficiency); some 0.051m tonnes  out of a total  of 0.061m tonnes  of
hazardous  waste  (16.4%  self-sufficiency).  Luxembourg  reported  100%  self-sufficiency
for  inert  waste  other  than  those  disposed  at  municipal  or  small  private  waste  disposal
sites.

The Netherlands referred to its waste management plans as including measures to ensure
sufficient capacity for the disposal of waste. These include the planning and construction
of waste disposal plants for the incineration on land50 and landfill of hazardous and non-

48

49

50

Presumably, this is a reference to the operation of Regulation (EEC) N°259/93 on the supervision
and control of shipments of waste within, into and out of the European Community, as amended (OJ
L 30, 6.2.1993, p.1).
Relevant provisions are included in sections 22, 26 and 38 of its Waste Management Act of 1996.
In  1998,  the  Netherlands  was  found  to  have  breached  the  Waste  Shipment  Regulation  (EEC)  N°
259/93  in  having  imposed  restrictions  on  exports  of  waste  destined  for  recovery  with  a  view  to
safeguarding  capacity  for  domestic  thermal  treatment  installation(s),  the  ECJ  confirming  that  the
principles  of  self-sufficiency  and  proximity  do  not  apply:  Case  C-203/96  Chemische  Afvalstoffen
Dusseldorp BV [1998] ECR I-4075. See also follow up Case C-113/02 Commission v Netherlands,
pending before the ECJ. A related case is currently pending before the ECJ on whether  municipal

17

                                                
hazardous  wastes.  It  reported  that  the  capacity  for  the  disposal  by  incineration  and
landfill  of  waste  is  currently  sufficient  to  dispose  of  all  waste  produced  in  the
Netherlands for the foreseeable  future.  No  collaboration  with  other  Member  States  was
reported to have been established for the purpose of implementing Article 5(1). In terms
of self-sufficiency for waste disposal, the Netherlands reported that it was virtually self-
sufficient, the quantities of waste either exported or imported for disposal being limited.
It  noted  though  that  special  circumstances  may  arise  occasionally  for  there  to  be
temporary exports for disposal other than to landfill for which there is sufficient capacity.

Portugal confirmed that it had taken a series of measures to implement Article 5(1). As
regards the disposal of solid urban waste, Portugal has a network of intermunicipal and
multimunicipal systems in place. It reported recent measures being instituted in order to
introduce  new  controls  on  the  disposal  of  non-hazardous  industrial  waste51  as  well  as
development of dedicated sites for the disposal and storage of industrial hazardous waste.
Special measures are applied in relation to the disposal of hospital waste types. Certain
special waste streams (such as waste oils, used tyres, sludges, spent batteries) are treated
irrespective  of  their  origin  and  for  the  most  part,  specific  legislation  has  been  adopted
providing  integrated  management  directed  towards  facilitating  recycling.  Portugal
confirmed  that no  collaboration has  taken place  with  other  Member  States  on  fulfilling
Article  5(1).  In  1999,  some  0.031m  tonnes  out  of  a  total  of  12.78m  tonnes  of  waste
generated in Portugal was exported for disposal (representing over 99% self-sufficiency).

Spain reported that it had adopted Article 5(1) measures in its waste plans and affirmed
that  it  had  collaborated  with  other  Member  States  for  the  purpose,  without  providing
details. In terms of self-sufficiency in waste disposal, Spain reported that in 1999 all the
urban  waste  arising  in  Spain  was  managed  in  that  country.  Waste  is  imported  from
Andorra  and  Gibraltar.  Spain  reported  that  in  1999  some  3.29m  tonnes  of  hazardous
waste was generated, of which some 0.03m and 0.02m tonnes was exported for recovery
and disposal respectively. It noted that some 0.08m and 0.03m tonnes of hazardous waste
was imported for recovery and disposal respectively.

Sweden affirmed that it had taken Article 5(1) measures in the form of its regional waste
plans as notified to the Commission, without providing further details. Sweden reported
that  in  general  terms  it  has  a  degree  of  100%  self-sufficiency  in  waste  disposal.
Collaboration exists with Finland in boarder areas where local circumstances so warrant.

The  United  Kingdom  confirmed  that  since  the  last  report  it  has  put  in  place  national
waste  strategies  for  England  and  Wales  (May  2000),  Scotland  (December  1999),
Northern Ireland (March 2000) and also for Gibraltar (March 2000). These strategies are
reported to operate in conjunction with the relevant planning guidance for each area, to
give  integrated  management  strategies  for  all  controlled  waste.  The  UK  Waste
Management  Plan  for  Exports  and  Imports  of  Waste  1996  serves  to  implement  the
principle of national self-sufficiency, prohibiting exports of waste for disposal. Reference
should  be  made  to  the  previous  implementation  report  for  1995-1997  on  collaboration

solid waste incineration constitutes a recovery or disposal operation, which will have a significant
impact on the scope of Member States in being able to block exports of waste destined for MSWI in
other Member States, as the principles of self-sufficiency and proximity apply  in relation to intra-
Community  waste  shipments  destined  for  disposal  (see  Article  4(3)(a)  of  the  Waste  Shipment
Regulation (EEC) N°259/93, op cit): Case C-458/00 Commission v Luxembourg.
Decree-Law 321/99 of 11 August 1999.

51

18

                                                                                                                                                
with other Member States. The United Kingdom estimated that it was 98.4% and 98.5%
self-sufficient for waste disposal for the periods 1998/1999 and 1999/2000 respectively.

(cid:1)  Overall,  most  Member  States  reported  that  they  had  attained  high  degrees  of  self-
sufficiency  in  terms  of  waste  disposal  of  around  99%,  which  essentially  restates  the
position of the previous implementation report for 1995-1997.

3.4.

Details on waste generation and treatment - Article 7 (1)

In  the  questionnaire  Member  States  were  asked  to  provide  data  on  the  generation  and
management of domestic waste, hazardous waste, and other wastes.

As regards domestic/municipal waste (Table 3.152 and Figure 1)  all countries supplied
data  but  in  some  cases  not  for  all  3  years  of  the  reporting  period.  The  data  received
indicate that the percentages of waste recycling differ widely from 8 to 63%. Only five
Member  States  achieved  a  recycling  rate  of  around  40%  or  over  (Austria,  Belgium,
Germany,  Netherlands  and  Sweden)  whereas  five  other  Member  States  only  achieved
recycling rates of around 10% or under (France, Greece, Ireland, Italy and the UK). The
mean recycling rate was some 26%. Incineration, regardless of whether with or without
energy  recovery,  is  shown  to  be  continuing  as  an  important  part  of  domestic  waste
management in ten Member States (17% to 58%), while Greece and Ireland do not apply
incineration at all. The mean rate for incineration (with or without energy recovery) was
23%.  However,  the  most  common  handling  still  remains  disposal  on  landfills  with  the
average  being  45%  amongst  the  Member  States.  Five  Member  States  indicated  high
dependency rates on landfill for domestic waste (above 60%)53. These figures indicate an
overall slight improvement in recycling rates since the 1995-1997 implementation report,
but landfill continues to dominate as the primary means of waste management in respect
of  domestic  waste.  The  approximate  average  weight  of  waste  produced  per  capita
annually during the 1998-2000 period was some 500kg. This indicates an increase in the
production compared to the period 1995-1997  (average 400 kg/person/year) and clearly
falls far short of the objective contained in the Commission's Fifth Environmental Action
Programme for a stabilisation of waste generation to 1985 levels of 300 kg per capita by
2000, and indicates that much greater effort needs to be made at national level to promote
effective waste prevention and reduction measures.

For  hazardous  waste  (Table  3.2  and  Figure  2)  all  countries  supplied  data  but  in  some
cases  not  for  all  3  years  of  the  reporting  period.  The  data  received  indicate  a  wide
variation  in  recycling  rates  (from  5%  (Finland)  to  77%  (Luxembourg))  with  only  four
Member States attaining rates around or higher than 40%. The mean rate of recycling of
hazardous  waste  amongst  the  Member  States  approximated  27%.  Unlike  the  data  on
domestic waste, the mean rate of landfilling is lower (22%) but another 27% in average
was  reported  as  “other  treatment”.  The  average  production  of  hazardous  waste  (90
kg/person/year) is in the same range as in 1995-1997.

“Other  wastes”  constitute  the  biggest  part  of  the  generated  waste  (see  Table  3.3  and
Figures 3 and 4). It is not possible to provide a clear picture on “other wastes” for their

52

53

Some  Member  States  provided  figures  on  municipal  waste  which  may  include,  in  addition  to
domestic waste, commercial, industrial and institutional waste of a similar nature.
Furthermore,  in  Greece  the  largest  proportion  of  "other  treatment"  represents  illegal  dumping  of
waste.

19

                                                
composition  and  handling  throughout  the  European  Union  as  Member  States  included
different fractions or even did not provide any figures.

(cid:1)  The success of waste recycling continues to differ widely between Member States, a
feature noted in the previous implementation report 1995-1997. The average recycling
rate  has  increased  but  a  number  of  Member  States  still  achieve  relatively  small  or
modest  rates  of  recycling  of  domestic  waste.  Despite  a  decreasing  tendency,  a  good
number  continue  to  rely  heavily  on  landfill  as  means  of  disposing  domestic  waste.
Some Member States have a high rate of incineration; but even with energy recovery
(for  which  different  criteria  are  used  at  national  level)  incineration  is  generally  an
inferior  option  to  other  waste  treatment  alternatives  further  up  the  waste  hierarchy,
such as reuse and material recycling. Prospective and recent legislative initiatives on
packaging waste54, end-of-life vehicles55 and electrical and electronic waste56 focus on
especially high recycling rates as well as separate collection of waste at source as the
means.

3.5.

General rules to provide exemptions from the permit requirement – Article
11

Pursuant  to  Article  11  Member  States  may  exempt  establishments  and  undertakings
carrying out their own waste disposal at the place of production or recovery operations
from the permit requirement (Article 9 and 10).

Belgium,  Denmark,  Germany,  Greece,  Spain,  France,  the  Netherlands,  Austria,
Portugal, Finland and Sweden confirmed that they had not adopted any general rules to
provide exemptions from any waste permit requirements.

Ireland,  Italy  and  the  United  Kingdom  confirmed  that  they  had  adopted  such  rules
without providing practical details. Luxembourg confirmed that it had also done so.

(cid:1)  As was the case for the previous implementation report, relatively few Member States
have  implemented  the  possibility  for  exempting  permit  requirements  in  1998-2000.
Disappointingly, no reason or advantages have been provided by those Member States
who  have  done  so.  This  remains  a  very  underdeveloped  area.  Recently,  Italy  has
requested  and  been  granted  the  possibility  to  exempt  undertakings  from  having  to
obtain  permits  in  respect  of  certain  types  of  hazardous  waste  recovery  under  the
auspices of Article 3 of Directive 91/689/EEC57. This is the first example of such an
exemption.

54

55

56

57

COM(2001)729final  Commission  proposal  for  a  Directive  of  the  European  Parliament  and  of  the
Council amending Directive 94/62/EC on packaging and packaging waste.
Directive 2000/53/EC of the European Parliament and  Council  on  end-of-life  vehicles,  OJ  L  269,
21.10.2000, p.34.
COM(2000)347final Commission proposal for a Directive of the European Parliament and Council
on waste electrical and electronic equipment. The proposal was recently adopted on 16-19.12.2002
by Council and European Parliament (not yet published in Official Journal).
(For further details see http://www.europa.eu.int/prelex/apcnet.cfm?CL=en)
Commission  Decision  2002/909/EC  on  Italian  rules  waiving  permitting  requirements  for
undertakings  and  establishments  recovering  hazardous  waste  under  Article  3  of  Directive
91/689/EEC on hazardous waste, OJ L 315, 19.11.2002, p.16.

20

                                                
3.6.

Keeping records – Article 14

Pursuant  to  Article  14  establishments  and  undertakings  carrying  out  recovery  and
disposal  operations  have  to  keep  records  on  waste  and  waste  management.  Producers
might be included in the provisions. They have to make this information available at the
request of the competent authorities.

As  regards  Belgium,  the  Flemish  region  requires  records  to  be  kept  on  the  basis  of
Article 5.2.1.2§4 of Decree Vlarea II58. Section 5.1.5 of Decree Vlarea supplements these
registration  obligations.  Reference  should  be  made  to  the  1995-1997  implementation
report on producer responsibilities under Article 14.

Denmark  referred  to  particular  provisions  on  the  requirement  of  establishments  and
undertakings  engaged  in  waste  recovery  or  disposal  to  keep  records59.  Denmark  also
confirmed  that  certain  companies  are  required  to  keep  records  in  relation  to  waste
production  as  from  2001  for  a  five  year  period,  and  such  information  is  to  be  made
accessible by competent authorities60.

Germany confirmed that its waste legislation stipulates record keeping requirements for
establishments  and  undertakings  carrying  out  recovery  or  disposal  operations61.
Monitoring of waste management is carried out by means of certification and keeping of
records  and  documents.  Reference  should  be  made  to  the  1995-1997  implementation
report for further details.

Greece  reported  that  its  waste  legislation  stipulates  record  keeping  requirements  for
establishments  and  undertakings  carrying  out  recovery  or  disposal  operations  and  for
producers  of  waste62.  Specifically,  they  are  required  to  keep  records  and  make  these
available to the competent authorities when  requested.  Such  entities  are  to forward this
information  to  the  prefect  of  the  area  in  which  the  installation  concerned  is  located  or
where operations are carried out on an annual basis. Each prefect concerned is required to
submit  an  annual  explanatory  report  to  the  Minister  for  the  Environment,  Regional
Planning and Public Works.

Spain also confirmed that its waste legislation stipulates record keeping requirements for
waste disposal and recovery undertakings63, without providing further practical details. It
noted  that  producers  of  hazardous  waste  are  required  to  comply  with  Article  14  under
Spanish legislation64.

58

59

60

61

62

63

64

Flemish regulations on the prevention and management of waste.
Sections 15-17 of the Ministry of the Environment and Energy's Order N°619 of 27 June 2000 on
the Information System for Waste and Recycling (ISAG).
See sections 18, 19, 50 and 53 of the Ministry of the Environment and Energy's Order N°619 of 27
June 2000 on waste.
See  the  Closed  Substance  Cycle  Waste  Management  Act  1994,  Ordinance  on  Certification  of
Recovery  and  Disposal,  Ordinance  on  Specialised  Waste  Management  Companies,  Technical
Guidelines  for  the  Storage,  Chemical,  Physical  and  Biological  Treatment,  Incineration  and
Dumping  of  W  Requiring  Particular  Monitoring  and  the  Technical  Guidelines  for  the  Recovery,
Treatment and Other Forms of Management of Domestic Waste.
Joint Ministerial Decision 69728/824/1996 (Gov. Journal 358/B).
Article 13(3) of Law 10/1998 on waste.
Articles 16-17 of Royal Decree 833/1988.

21

                                                
France  likewise  confirmed  that  its  waste  legislation  stipulates  record  keeping
requirements  for  waste  disposal  and  recovery  undertakings  as  well  as  for  producers65,
without providing further practical details.

Ireland  confirmed  that  there  are  requirements  on  record  keeping,  incorporating
standardised formats. Producers of hazardous waste are obliged66 to keep records of the
generation, treatment, collection and transport of such waste and make them available for
inspection by competent authorities.

Italy reported that its waste legislation contains a number of record keeping and related
certification requirements binding  on  waste  disposal  and  recovery  undertakings  as  well
as  for  producers  of  hazardous  waste  (except  certain  agricultural  undertakings)  and
producers  of  non-hazardous  waste  engaged  in  industrial  and  craft  processes  (with  the
exception  of  certain  small  operators)67.  Record  keeping  is  standardised  and  subject  to
periodic certification procedures with the competent authorities.

Luxembourg restated that the Community provision has been transposed by Article 14
of the Law of 17 June 1994. The establishments, which have to keep records and which
may be exempted are listed in Article 10 and 11 of that law.

The Netherlands reported that it required establishments and undertakings  which treat,
process or dispose of waste to keep records of the nature and composition of the waste
handled. It confirmed that there is no standard form of registration, and as a general rule
such  establishments  and  undertakings  are  allowed  to  keep  the  records  in  a  form  which
suits  them.  Standard  forms  are  used  to  inform  competent  authorities  of  the  receipt  of
waste.  The  Netherlands  confirmed  that  producers  of  waste  are  also  required  to  keep
records of waste handed over. In addition they are also required to provide the transferee
of the waste with regard to the nature and composition of the waste.

Austria  confirmed  that  its  waste  legislation  requires  anyone  who  performs  an  activity
which  generates  waste,  or  who  collects  or  treats  waste  must  maintain  records  for  each
year  and  provide  competent  authorities  with  such  information  upon  request68.  Such
records  are  to  be  held  for  at  least  seven  years.  Austria  confirmed  that  producers  are
subject to record keeping obligations under this national legislation.

Portugal confirmed that its waste legislation stipulates record keeping requirements for
waste disposal and recovery undertakings as well as operators carrying out waste storage
activities69. Specific record keeping duties are allocated to managers of hospital waste70,
collectors  and  regenerators  of  waste  oils71,  undertakings  disposing  or  decontaminating
PCBs72  as  well  for  entities  authorised  to  issue  destruction  or  qualified  dismantling
certificates  for  end-of-life  vehicles73.  Producers  of  waste  are  also  subject  to  record

65

66

67

68

69

70

71

72

73

Article 8 of the "Arrêté du 4 janvier 1985 relatif au contrôle des circuits d'élimination des déchets
générateurs de nuisances".
In accordance with Part VI of the waste management (hazardous waste) regulations of 1998.
Decree Law 22/1997.
Waste Management Act and Waste Control Ordinance 65/1991.
Chapter IV of Decree Law 239/97 of 9.9.1997.
Article 12 of Order 174/97 of 10.3.1997.
Article 3(2) of Decree Law 88/91 of 23.2.1991.
Article 5 of Decree Law 277/99 of 23.7.1999.
Article 3 of Decree Law 292-B/2000 of 15.11.2000.

22

                                                
keeping  obligations  and  to  deliver  registers  of  the  waste  produced  to  competent
authorities74.

In  Finland  waste  recovery  and  disposal  undertakings  requiring  environmental  permits
are subject to record keeping obligations75. Both record records and annual reporting to
competent  authorities  are  recommended  to  be  made  in  standard  format;  forms  are
distributed  to  operators  by  the  competent  authorities.  Producers  of  hazardous  waste
(excluding households) are also obliged to keep records.

Sweden  reported  that  its  environmental  code  contained  record  keeping  requirements,
without  providing  specific  details.  It  noted  that  producers  are  not  subject  to  record
keeping obligations in Sweden.

(cid:1)  Most  Member  States  appear  to  have  implemented  their  record  keeping  obligations
under Article 14. Some indicate that they have developed producer-related obligations
in  addition  to  those  for  producers  of  hazardous  waste.  The  experience  gained  from
remains  an
in 
Member  States 
underdeveloped area.

record  keeping  obligations 

implementing 

74

75

Article 17(1) of Decree Law 239/97.
Section 51 of the Finnish Waste Act.

23

                                                
Annex I

24

N (1)

Austria

Belgium Denmark

Finland

France

Germany

Greece

Ireland

Italy

Lux.-
bourg

Nether-
lands

Portugal

Spain

Sweden

UK

Number of
authorities or
institutions (2)

N0=1
N2=18
N4=100

N1=2
N2=5
N4=308

N1=1
N3=16
N5=276

N1=1
N3=13
N5=448

N0=1
N2=26
N3=100

N0

N1

N0
N2
N4

N0
N2
N4

N1
N2
N4

N1
N2
N4

N2

N1
N3

N3

N3
N5

N3

N1
N3

N3
N5

N3
N5

N3

N2

N2

N5

N3

N0
N2
N3

N0
N2
N3

N2
N3

N2
N3

Waste
management
plans
(Article 7 - 1) (3)
Permits for
disposal
operations
(Article 9 - 1) (3)
Permits for
recovery
operations
(Article 10) (3)
Registrations of
exemptions from
requirements of
Article 9 and 10
(Article 11) (3)
Registrations of
establishments
or undertaken
pursuant to
Article 12 (3)
Comments

N0=2 N0=1

N2=12
N4=550

N2=10
N4=308

N1=11
N2=20
N3=103
N5=8100
N2

N0

N0=1
N1=16
N2=40
N3=441
N1
N2

N2
N3

N2
N3

N2
N3

N0=1
N2=13
N3=54
N5=1033
N0
N2
N3
N5
N0
N3

N0
N3

N2=1
N4=34

N2
N4

N2
N4

N2
N4

N2
N4

N2

N0

N2

N0

N3

N0

N3

N0

N1

N0

N4

N2
N4

N2
N4

N0
N2

N0
N2
N4

N0
N2
N4

N0

N0
N2
N4

N1=1
N2=4
N3=21
N4=289
N1
N4

N2
N3

N2
N3

N0=1
N2=19
N3=54
N5=8077
N0
N2
N3
N5
N2
N3
N5

N2
N3
N5

N2

N0=5
N1=5
N3=202

N0
N1
N3

N0
N1

N0
N1

N0
N1

N0
N1

(4)

(8)

(7)

(5)

(6)

Table 1. Number of competent authorities in each of the NUTS levels designated pursuant to Article 6 and the competence in relation to the directives
(Questionnaire, Paragraph I, Question 2).

25

Notes:

(1) 
(2) 
(3) 
(4) 
(5) 

(6) 

(7) 

(8) 

N is a type of authority and a shortening for NUTS: Nomenclature of territorial units for statistics (Eurostat).
Number of authorities is given in short for example by: N2=5 is equal to 5 authorities/institutions of NUTS-level 2.
The other information in the table is given in the boxes for example by: N3, N5 is equal to incorporation of the articles at authorities/institutions of type NUTS 3 and NUTS 5.
N5: Local waste management planning (siting of bins, routing of refuse collection vehicles etc.)
No  information  on  NUTS  level  N0,  N2:  Competence  for  granting  planning  permission  and  for  approving  environmental  terms,  N3:  Publicising  of  environmental  impact
assessments (EIA); granting of permits; controls.
N0: UK Government, Scottish Executive, Northern Ireland Assembly, National Assembly for Wales, Gov. of Gibraltar. N1: England/Wales (DEFRA+EA), Scotland (SEPA),
Northern Ireland (EHS), Gibraltar (Gov. Gibraltar). N3: Local or District authorities: 121 UAs and WDAs in England, 22 in Wales, 32 in Scotland, 26 in Northern Ireland, 1 in
Gibraltar.
N0: Permits for Disposal and Recovery Operations: issues declaration of no objection to provincial permits. Registration of establishments or undertakings pursuant to (Art.
12): with regard to waste oil. N4: with regard to collection within the municipality.
N2: Registration of Establishments or Undertakings Pursuant to Article 12 is not applicable. Ireland is a NUTS 2 level Region - The Environmental Protection Agency is the
relevant Authority/Institution

26

Country/ Authority

Adoption/
publication

Start of
application
or last
update

End of
application

Domestic
Waste
(yes/no)

Hazardous
Waste
(yes/no)

Others
(specify)

Area covered

Comments

01-jul-01

01-jul-01

30-jun-04

Yes

Yes

Yes

Austria

Extended every three years

Austria
Bundesminister für
Umwelt, Jugend und
Familie
Belgium
OVAM (1)

OVAM (2)

OVAM (3)

OVAM (4)

OVAM (5)

OVAM (6)

OVAM (7)

OVAM (8)

Denmark*
National Waste
Management plan

Flemish
region
Flemish
region

Flemish
region

Flemish
region
Flemish
region

Flemish
region
Flemish
region
Flemish
region

plan 

plan 

Flemish 

(1): 
Environmental
Environmental Plan (MINA Plan 2)
(2):  Management 
for
construction  waste  and  sludge  B
and  S;  construction  waste  and
sludge;
(3):  Management 
for
vegetable,  fruit  and  garden  waste
and green waste. Replaced by (8)
(4): Management plan for domestic
waste 1997-2001
(5):  Management  plan 
separate  collection  of 
waste from small firms.
(6):  Management 
packaging waste
(7):  Plan  for  the  elimination  of
PCB's
(8): 
organico-biological waste

for 
the
industrial

Implementation 

plan 

plan 

for

for

GFT, green

Companies

Packaging

Organic biological

Yes

Denmark

08-jun-97

01-jan-97

31-dec-02

Yes

No

All

23-maj-95

23-maj-95

31-dec-02

No

No

Construction waste

23-maj-95

23-maj-95

14-mar-00

01-jun-97

20-feb-98

31-dec-01

28-jan-00

14-mar-00

31-dec-02

08-jun-99

27-jul-99

31-dec-02

17-mar-00

17-maj-00

31-dec-10

21-jan-00

14-mar-00

31-dec-02

01-jan-01

01-jan-01

2004

Yes

Yes

No

Yes

No

Yes

Yes

No

Yes

No

No

Yes

No

Yes

27

 
 
Finland
1 national plan 1998-2005

07-feb-98

08-jan-98

01-jan-05

Yes

Yes

13 Regional Authorities

01-jan-96

01-jan-96

01-jan-05

Yes

Yes

France
100 regional plans
Germany
42 regional plans
(Bundesländer)
Greece
Ministry of the
Environment
Prefectural plans
Attica Region
Western Macedonia
Region
Ireland
Env. Protection Agency
Regional Authorities
(Counties)
Italy

Luxembourg
National plan

Varies

Varies

Varies

Varies

Varies

Varies

Varies
(1997-2001)
02-jan-00
29-sep-01

02-jan-00

02-jan-00

02-jan-00
02-jan-00

02-jan-00
02-jan-00

02-dec-98

02-jan-00

02-jan-00

05-jul-01
Varies
1999-2001

05-jul-01
Varies
1999-2001

04-jul-06
Varies
2004-2006

Yes

Yes

Yes

Yes
Yes

Yes

No
Yes

Yes

Yes

No

No
Yes

No

Yes
No

covered  by 

the
the  report  for 
See 
period  1995-97  for  further
information  on  wastes  and
areas 
the
National  Waste  Plan  and
it’s 
part
separate 
concerning 
transfrontier
movements of wastes.
See 
the
the  report  for 
period  1995-97  for  further
information  on  wastes  and
areas 
the
covered  by 
Regional Waste Plans.

Varies

Varies

Comm/Indl

Finland
13 REC’s

Regions

Regions

National

Prefecture
Regional

Regional

National
Regional

15-dec-00

15-dec-00

15-dec-05

Yes

Yes

Yes

Luxembourg

28

 
 
 
 
Netherlands
Kingdom (NUTS 2)
Kingdom (NUTS 2+4)

01-jul-97
01-jan-95

01-jul-97
01-jan-99

02-jan-00
02-jan-00

Provinces
Portugal

Spain
Ministry of environment

31 regional plans
Sweden*
National waste strategy
Various regional waste
management plans

UK
DEFRA

Varies

Varies

Varies

01-jan-99
01-jan-99
01-jan-00

01-jan-99
01-jan-99
01-jan-01

01-jan-15
01-jan-05
01-jan-15

01-jan-99
01-jan-99

01-jan-99
01-jan-00

01-jan-16
01-jan-05

01-jan-97

01-jan-97

01-jan-05

07-jan-00
17-feb-95
Varies

01-jan-00
01-jan-95
Varies

31-dec-06
31-dec-05
Varies

03-april-99
Varies

03-april-99
Varies

Varies

01-maj-00

01-maj-00

01-maj-20

Gov. of Gibraltar
Scottish EPA
Northern Ireland assembly

01-mar-00
09-dec-99
01-mar-00

01-mar-00
09-dec-99
01-mar-00

01-mar-05
09-dec-20
01-mar-20

No
Yes

Yes

No
No
No

Yes
Yes

Yes

Yes
No
Yes

Yes

Yes
Yes

Yes
Yes

Yes
No

Yes

Yes
Yes
Yes

Yes
No

No

No

Yes

Yes

Yes
Yes

Yes
Yes

Commercial

National
National

Commercial

Province

In 2002 all waste management
plans, were replaced by the
National Waste Management Plan
(Landelijk Afvalbeheer Plan -
LAP).

Non-haz. industrial waste
Non-haz. hospital waste
Non-haz. industrial waste
Non-hazardous hospital
waste, slaughterhouse
waste and other special
waste streams
No

Packaging
Contaminated soil
Varies

Yes

National
National
National

Madeira
Azores
Mainland
Portugal

Spain
Spain
Regions

Sweden
Regions

All controlled waste
All controlled waste

All controlled waste
All controlled waste

Eng/Wales

Gibraltar
Scotland
N. Ireland

Waste  management  plan  due  for
review 2005.

Table 2. Overview of waste management plans in Member States. For each waste management plan, which has been drawn up, details are provided in
tables in appendix (Questionnaire, Paragraph II, Question 1c)).

29

Notes:
* Information achieved from WasteBase

Domestic
waste

Year

Total
(ton/year)

Recycled
(ton)

Incinerated
with  energy
recovery
(ton)

Incinerated
(ton)

Landfill
(ton)

Other
(ton)

Austria

Belgium

Denmark

Finland

France

Germany

Greece

Ireland

Italy

1999

1999

2000

2000

1999

2000

2000

2000

1999

Luxem
bourg

2000

Netherlands

Portugal

Spain

Sweden

UK

2000

2000

1999

2000

1999

3,096,000

3,221,582

2,964,000

2,600,000

41,100,000

41,898,293

4,447,250

2,364,196

26,074,581

224,889

8,645,000

4,531,169

16,235,966

3,776,100

29,500,000

1,476,000

2,022,067

869,000

750,000

3,300,000

18,452,860

355,780

270,979

2,209,045

37,169

3,860,000

559,707

3,308,686

1,451,100

3,040,000

511,000

0

1,730,000

270,000

9,800,000

10,340,518

0

695,453

0

0

1,400,000

0

0

0

0

0

377,125

125,992

3,645,000

929,635

1,229,345

1,460,000

2,290,000

1,743,718

0

0

0

25,024

0

10,000

1,023,000

504,062

361,000

1,580,000

23,900,000

12,918,382

1,410,387

2,093,217

21,744,693

61,728

1,140,000

2,451,507

10,800,200

865,000

24,050,000

86,000

Comments

**

0

**

4,000

**

0

*
1)

2,700,000

186,533

2,681,083

n.a.

2)

**

*
3)

**
4)

0

*
5)

0

*
6)

0

*

590,320

872,711

*

*
7)

0

**

110,000

**
8)

Table 3.1. Treatment and handling of domestic waste (Questionnaire, Paragraph II, Question 4).

n.a.: no answer

Note:
* Municipal waste including household waste
** Household waste

(1) 
(2) 
(3) 
(4) 
(5) 
(6) 
(7) 
(8) 

The quantity of domestic waste is approximately 40 % of MSW.
Other treatment corresponds to composting
"Other treatment": 31000 t is composting and the rest represents illegal dumping of waste.
Quantity landfilled includes street cleansing waste
The quantity recycled consists of compost and RDF (Refuse Derived Fuel).
Recycled quantities concern only organic waste subject to composting; recycling of other fractions is not carried out in Luxembourg
Total arising 18.376.532 t. Other: selective collection of paper and glass.
All figures are estimated

30

Hazardous
waste

Austria

Belgium

Denmark

Finland

France

Germany

Greece

Ireland

Italy

1998
3,080,000

8,115
0

70,900
79,800

2000
13,648

66,000
69,000

2000
183,300

1999
415,632

220,000
0

2000
391,459

1999
997,000

93,800
153,700

1998
2,690,000

2000
1,203,000

2,030,000
160,000

2000
10,058,000

Year
Total
(tonnes/year)
Recycled (*)
Incinerated
with energy
recovery (*)
Incinerated (*)
Landfill (*)
Other (*)
Recycled (**)
Incinerated
with energy
recovery (**)
Incinerated
(**)
Landfill (**)
Other (**)
Comments
4)
7)
Table 3.2. Treatment and handling of hazardous waste (Questionnaire, Paragraph II, Question 4).

1,060,000
2,540,000
2,860,000
1,196,000
78,000

0
515,000
120,000
78,200
1,300

17,880
31,929
116,613
71,054
8,258

1,350,000
800,000
320,000

35,000
794,000
239,000

3,139
0
295,473

35,000
0
1)

0
13,800
18,800

3,502
822
6)

4,809
0
724

101,473
2,835

74,152
18,695

15,000
48,000

71,000

61,266

2)

3)

5)

0

860,000
130,000

500,000
390,000
1,200,000

Luxem
Bourg

2000
45,222

34,781
0

0
0
10,441

Netherlands

Portugal

Spain

Sweden

UK

1999
6,000,000

2000
1,828,000

2000
260,067

252,000
322,000

27,987
19,415

0
414,000
840,000

19,827
14,137
86,395
4,508
1,813

1999
2,712,323

1,096,152
196,550

33,567
1,332,864
0
30,949
0

1998
792,000

170,000

40,000
186,000
396,000

1,506

22,241

24,745
59,734

0
0
10)

8)

9)

11)

Notes:
*) Within the Member State.
**) Outside the Member State.
(1) 
(2) 
(3) 
(4) 

Other recovery: physico-chemical treatment plants for organic and inorganic waste
Otherwise physico-chemically treated waste
Only from primary sources
The  quantity  of  contaminated  soil  and  stones  is  not  included.(within).The  figures  refer  to  exported  amounts  of  wastes  listed  in  Annexes  III  and  IV  of  Council  Regulation
259/93. All of these wastes are not necessarily considered as hazardous wastes.(outside).
Other treatments are physico-chemical (within)
The total accounts for approximately 97% of the actual
All the other modes of disposal apply chemical, physical and biological processes (within)
Luxembourg: Other mode of treatment = physico-chemical treatment (within)
Other treatment: physico-chemical processing
Estimates for revision of the National Hazardous Waste Plan. Total arising: 3.293.705 (within)
Estimate. Breakdown not available

(5) 
(6) 
(7) 
(8) 
(9) 
(10) 
(11) 

31

Other waste

Year
Total(tonnes/year
)
Recycled
Incinerated with
energy recovery
Incinerated
Landfill
Other
Comments

Austria

Belgium

Denmark

Finland

France

Germany

Greece

Ireland

Italy

Lux.bourg

1999
44,550,000

1999
22,018,500

2000
9,946,000

1999
21,244,000

2000
13,255,000

1998
76,360,965

1998
52,890,000

2000
6,344,000

Nether
Lands
2000
49,117,000

Portugal

Spain

Sweden

UK

2000
11,524,147

29,600,000
4,550,000

11,219,400
0

7,545,000
1,260,000

8,186,000
4,564,000

1,500,000
0

1,314,298
0

21,440,000
930,000

1,900,000
0

41,158,000
3273000

3,926,759
744,313

0
8,000,000
2,400,000

782,200
3,239,400
6,777,500
1)

0
1,128,000
13,000
2)

8,000
4,972,000
3,514,000
3)

0
0
11,755,000
4)

0
2,093,454
3,498,083
5)

320,000
22,000,000
8,200,000
6)

0
4,444,000
0
7)

0
3,531,000
1,155,000
8)

16,839
3,257,577
3,578,659

9)

Table 3.3. Treatment and handling of other waste. It differs from one Member State to another as to which types of waste this category comprises but it
could include solid municipal waste, municipal sewage waste, industrial waste, energy and water supply, mining waste, agricultural waste, construction
waste. (Questionnaire, Paragraph II, Question 4).

Data not received

Note:

The figures present the sum of two reported fractions:
Non- hazardous industrial waste (otherwise conditioned waste): 21,675,000 t (98% of total): recycled 51%, inc. 4%, landfilled 15% and other 30%
Hazardous industrial waste: 343,500 t (2% of total): recycled 51%, inc. 4%, landfilled 15% and other 30%
The figures present the sum of four reported fractions:
Construction and demolition: 3,223,000 t (32% of total): recycled 90%, inc. w. energy rec. 2% and landfilled 8%
Industrial: 2,947,000 t (30% of total): recycled 64%, inc. w. energy rec. 15% and landfilled 21%
Commerce and service: 1,120,000 t (11% of total): recycled 40%, inc. w. energy rec. 46% and landfilled 14%
Waste from energy production: 1,176,000 t (12% of total): recycled 100%
Other waste: 1,480,000 t (15%of total): recycled 77%, inc. w. energy rec. 17% and landfilled 6%
The figures present the sum of three reported fractions:
Construction and demolition: 1200000 t (6% of total): All treated under the category “other”
Industrial: 19123000 t (90% of total): recycled 40%, inc. w. energy rec. 24%, incinerated <1%, landfilled 24% and other 12%

(1) 
(2) 
(3) 
(4) 
(5) 
(6) 
(7) 
(8) 
(9) 
(10) 
(11) 
(12) 
(13)  Waste from energy production: 921000 (4% of total): recycled 61%, inc. w. energy rec. 1%, incinerated <1%, landfilled 34% and other 4%
(14) 

Industrial (manufacturing) waste. The remaining quantity of non-hazardous industrial waste (11755000 tonnes) is disposed of or put to re-use by the producers themselves.
Year not stated.
Total includes only non-hazardous waste arisings (industrial)
Construction and demolition: 2704958 t (3% of total): recycled 43% and landfilled 57%
Industrial: 4876406 (6% of total): treatment method is not specified
Commerce and service: 689234 t (1% of total): recycled 19% and landfilled 81%
Agriculture and forestry: 64578724 (85% of total): treatment method is not specified

(15) 
(16) 
(17) 
(18) 
(19) 

32

(20)  Mining and quarrying: 3511643 (5% of total): recycled <1% and 100%
(21) 
(22) 
(23) 
(24) 

Recovered material and compost is included in the recycled products; (the waste fraction refers to non-hazardous waste from commerce, industry and craft trades).
Demolition waste. Mostly soil from excavation put to landfill.
The figures present the sum of three reported fractions:
Construction and demolition: 19,050,000 t (39% of total): recycled 94%, inc. w. energy rec. 1% and landfilled 5%
Industrial(manufacturing) waste: 20,225,000 t (41% of total): recycled 82%, inc. w. energy rec. 6%, landfilled 6% and other 6% ( Other treatment: discharged after treatment)
Other waste: 9,842,000 t (20% of total): recycled 68%, inc. w. energy rec. 18% and landfilled 14%
Estimated 239,700,000 t/yr total. Breakdown not available

(25) 
(26) 

33

N0: 
National level (NUTS 0)

N1, N2 or N3:
Regional level (NUTS1, 
2 or 3)

N4 or N5:
Local level (NUTS 4 or 
5)

NUTS-levels

Sweden

Austria

France

Netherlands

Ireland

N4 or N5

N0

Denmark

U.K.

Luxembourg

Netherlands

Denmark

Sweden

N1, N2 or N3

Belgium (Flanders)

Netherlands

Finland

Ireland

Germany

France

Note: NUTS stands for Nomenclature des Unités Territoriales Statistiques (Nomenclature of territorial units for statistics, by Eurostat)

Figure 1. Authority level of the implementation of Waste Management Plans (Article
7(1)).

34

Council Directive 75/442 on waste, Domestic waste
1999-2000

100%

3

80%

33

17

48

60%

40%

20%

0%

12

58

16

22

63

61

10

29

29

7

58

3

24

8

31

25

60

89

83

44

32

8

11

7
1

8

27

56

17

13

13

5

23

42

54

67

39

82

45

21

12

8

20

38

8

10

6

45

2

21

26

Other treatment

Landfill

Incinerated

Incinerated with energy
recovery

Recycled

Austria*

Belgium*

Denmark*

Finland*

France*
Germany**

Greece**

Ireland**

Italy*

Netherlands**
Luxembourg**
Portugal**

Sweden**
Spain*

U.K.*

E.U. average

* Data from 1999    **Data from 2000

Figure 2. Percentage of treatment and disposal types for domestic waste (source: Table 3.1)

35

C ouncil D irective 75/442 on w aste, Hazardous w aste
1998-2000

100%

80%

60%

40%

20%

0%

11

12

52

15

9

5
0

35

59

10

8

44

39

0

20

66

3

6
5

12

14

30

28

75

5

25

11
2

50

8

23

77

35

39

13

16

4

28

8
4
1

0
2

0

49

50

1

7

40

23

5
0

21

46

23

18

14

33

5

8

7

11

7

27

22

10

8

27

Treatm ent outside M em ber
state

O ther treatm ent

Landfill

Incinerated

Incinerated with energy
recovery

R ecycled

20

19

24

28

Austria** 1)

Belgium***

Denmark***

Finland** 2)

Germany*** 3)
France*

Ireland*** 4)
Greece***

Italy*

Luxembourg***

Netherlands***

Portugal***

Spain** 5)

Sweden

U.K.

E.U. average

* D ata from  1998; ** D ata from  1999; ***D ata from  2000

1) From  the exported fraction: R ecycled 68% , Incinerated 1% , Landfilled 31 %
2) From  the exported fraction: R ecycled 100%
3) From  the exported fraction: R ecycled 85% , Incinerated 6% ,Incinerated w ith Energy rec. 5% , Landfilled 1 % , O ther 3%
4)  From  the exported fraction: Recycled 46% , Incinerated 8% ,Incinerated w ith E nergy rec. 41% , Landfilled 1 % , O ther 4%
5)  From  the exported fraction: Recycled 58% ,Incinerated w ith Energy rec. 42%

Figure 3. Percentage of treatment and disposal types for hazardous waste (source: Table 3.2)

36

Council Directive 75/442 on w aste, O ther w aste
1998-2000

5

18

10

66

11

13

76

31

15

4

51

17

23

21

39

100%

80%

60%

40%

20%

0%

16

42

70

89

91

1
2

41

0

11

5
3
2

30

2

7

7

84

28

34

9

20

22

6

43

N ot specified

O ther treatm ent

Landfill

Incinerated

Incinerated with energy
recovery
R ecycled

0

Spain

Sweden

U.K.

E.U. average

Austria**

Beligium**

Denmark***

Finland**

France

Germany

Greece***

Ireland*

Italy*

Luxembourg***

Netherlands***

Portugal***

* Data from  1998       **Data from  1999         ***Data from  2000 

Figure 4. Percentage of treatment and disposal types for other waste (source: Table 3.3)

37

C o u n c il D ir e c tiv e  7 5 /4 4 2 , o n  w a s t e
W a s te  p r o d u c tio n  p e r  p e r s o n  p e r  y e a r  (1 9 9 8 - 2 0 0 0 )

E U  a v e r a g e  *

U .K .* * *

S w e d e n * *

S p a in * *

P o r tu g a l

N e th e r la n d s

L u x e m b o u r g

0 ,5

0 ,5

0 ,4

0 ,4

0 ,5

0 ,5

0 ,5

0 ,0 9

0 ,1 0

0 ,0 9

5 ,9

4 ,0

0 ,0 3
0 ,1 2

1 ,2

0 ,1 0

3 ,1

Ita ly

0 ,5

0 ,0 5

0 ,9

0 ,1 1

Ir e la n d

0 ,6

G r e e c e

0 ,4

0 ,0 4

1 ,3

0 ,1 2

G e r m a n y * *

0 ,5

F r a n c e * *

0 ,7

F in la n d

D e n m a r k

0 ,5

0 ,6

0 ,0 0

0 ,0 5

0 ,2 3

0 ,0 3

B e lg iu m

A u s tr ia

0 ,3

0 ,4

0 ,1 2

1 ,9

2 ,2

4 ,1

5 ,5

1 4 ,7

2 0 ,6

D o m e s tic  w a s te
H a z a r d o u s  w a s te
O th e r w a s te  ty p e s

0 ,0

1 ,0

2 ,0

3 ,0

4 ,0

5 ,0

6 ,0

7 ,0

8 ,0

T o n /p e r s o n /y e a r

T h e  c a lc u la tio n s  a re  b a s e d  o n  p o p u la tio n  f ig u re s  r e p o rte d  b y  U n ite d  N a tio n s , W o rld  U rb a n iz a tio n  P r o s p e c ts : th e  1 9 9 9  R e v is io n . P o p u la tio n  fig u re s  f ro m  1 9 9 9  is  u s e d  o
s in c e  p o p u la tio n  d a ta  f o r 2 0 0 0  w e re  u n a v a ila b le .
*  A v e ra g e  fo r h a z a rd o u s  w a s te  is  e x c l.  S e  a n d  o th e r w a s te  is  e x c l. D e , F r, G r, E s  &  S e .
* *  N o  re p o rte d  d a ta  o n  o th e r w a s te
* * *  D a ta  o n  h a z a rd o u s  w a s te  &  o th e r w a s te  a re  e s tim a te s

Figure 5. W aste production per person per year for all types of waste (source:
Tables 3)

38

DIRECTIVE 91/689/EEC ON HAZARDOUS WASTE

1.

INTRODUCTION

In  addition  to  Directive  75/442/EEC76,  which  constitutes  the  legal  framework  for  all
wastes,  Directive  91/689/EEC77  contains  stricter  management  and  monitoring
instruments for hazardous waste.  Directive 91/689/EEC replaced Directive 78/319/EEC
on toxic and hazardous waste.

The  main  provisions  of  Directive  91/689/EEC  to  ensure  environmentally  sound
management of hazardous waste are:

–  definition  of  hazardous  waste  (Article  1),  further  developed  by  the  list  of  hazardous
waste  established  by  Council  Decision  94/904/EC78,  replaced  by  Commission
Decision 2000/532/EC79 as amended.

–  the prohibition to mix hazardous waste with other hazardous or non-hazardous waste

(Article 2)

–  specific  permit  requirements  for  establishments  and  undertakings  dealing  with

hazardous waste (Article 3)

–  periodic  inspections  and  requirement  to  keep  records  for  the  producer  of  hazardous

waste (Article 4)

–  appropriate  packaging  and  labelling  of  hazardous  waste  during  collection,  transport

and temporary storage (Article 5)

–  waste management plans for hazardous waste (Article 6)

Domestic hazardous waste is excluded from the provisions of this Directive.

The  following  report  is  based  on  a  questionnaire  adopted  by  Commission  Decision
97/622/EC80 of 27 May 1997.

In addition to the first part of the questionnaire (INCORPORATION INTO NATIONAL
LAW)  this  report  contains  an  evaluation  of  the  implementation  of  the  definition  of
hazardous waste and the hazardous waste list for all 15 Member States.

76

77

78

79

80

See report on Directive 75/442/EEC on waste
OJ L 377, 31.12.1991, p. 20
OJ L 356, 31.12.1994, p. 14
OJ L 226, 06.09.2000, p. 3.
OJ L 256, 19.09.1997, p. 13

39

                                                
2.

INCORPORATION INTO NATIONAL LAW

2.1.

National law

All Member States confirmed that they have provided the Commission with details of the
current laws and regulations in force to incorporate Directive 91/689/EEC on hazardous
waste  and  Council  Decision  94/904/EC  establishing  a  list  of  hazardous  waste  into
national legislation.

2.2.

Definition of “hazardous waste” and the Hazardous Waste List

Article 1(4) of Council Directive 91/689/EEC defines hazardous waste by referring to the
List  of  Hazardous  Waste  adopted  by  Council  Decision  94/904/EC  and  replaced  by
Commission Decision 2000/532/EC as amended. Hence, the Commission considers that
the transposition of the Waste List is essential in the implementation by Member States
of  the  hazardous  waste  definition.  It  is  also  considered  necessary  to  have  transposed
Annexes I, II and III to Council Directive 91/689/EEC.

Two  further  aspects  should  be  taken  into  account  when  assessing  the  compliance  of
national legislation with the Community definition of hazardous waste. First, the fact that
Member  States  have  taken  more  stringent  measures,  i.e.  they  have  included  wastes,
which  have  the  properties  of  Annex  III  and  are  therefore  considered  by  them  to  be
hazardous.  The  possibility  of  introducing  new  hazardous  entries  to  the  waste  list  is
foreseen in Article 1(4), second subparagraph of the Directive, provided they are notified
to  the  Commission,  and  is  in  line  with  Article  176  EC  Treaty.  (See  section  3.1  of  this
report.) The second aspect concerns the fact that hazardous household waste is excluded
from the application of the provisions of the Directive. This does not mean, however, that
household waste might not be hazardous. (See section 3.2 of this report.)

The  previous  implementation  report  1995-1997  noted  that  only  four  Member  States,
namely  Finland,81  Greece,82  Luxembourg83  and  Spain,84  had  transposed  correctly  all
the  relevant  elements  of  the  hazardous  waste  definition.  Since  that  report,  the  situation
has improved, but there are still a few Member States that have not fully transposed all
the elements of the hazardous waste definition.

Austria had not transposed the relevant annexes on hazardous waste nor the Hazardous
Waste  List.  Austrian  legislation  provided  that  “dangerous  substances  are  wastes,  the
treatment  of  which  requires  specific  prudence  and  particular  measures  in  view  of  the
public  interest,  and  the  normal  treatment  of  which  requires  supplementary  measures  or
greater  prudence  than  those  required  for  the  treatment  of  domestic  waste”.85  The
Commission  decided  to  refer  Austria  to  the  Court  in  December  2000.  Austria  has  now

81

82

83

84

85

Waste Act 1072/1993. Waste Decree 1390/1993. Ministry of  the  Environment  Decision  867/1996
on the list of most common wastes and of hazardous wastes.
Decision 19396/1546 on Measures and Conditions for the Management of Hazardous Waste, of 18
July 1997.
Law  on  the  Prevention  and  Management  of  Waste,  of  17  June  1994.  Regulation  on  Hazardous
Waste, of 11 December 1996.
Law  10/1998  on  Waste,  of  21  April,  Royal  Decree  952/1997  modifying  Regulation  on  the
implementation  of  Law  20/1986  of  14  May  on  Toxic  and  Hazardous  Waste  (adopted  by  Royal
Decree 833/1988, of July 20).
Article 2.5, Waste Management Law of 6 June 1990.

40

                                                
transposed the relevant annexes on hazardous waste through the Waste Management Act
2002. Also the hazardous waste definition has changed. These issues have therefore been
withdrawn from the proceedings that are currently going on before the Court86.

Belgium,  Denmark87,  France88,  Germany89,  Ireland,  Italy,  the  Netherlands90,
Portugal91 and Sweden92 have transposed into their national legislation all the elements
of  the  hazardous  waste  definition.  However,  for  France  the  transposition  of  the  test
methods is still under scrutiny. In addition, it is important to note that French legislation
departs  from  Community  terminology  (“hazardous  waste”)  by  referring  to  “special
industrial waste”. This is also the case for German legislation, which refers to “wastes for
special supervision”.

The  United  Kingdom’s  legislation  complies  only  partially  with  the  definition  of
hazardous  waste,  as  it  excludes  certain  types  of  waste  covered  by  the  Directive.  The
Commission decided to refer the United Kingdom to the Court in December 2001.

3.

IMPLEMENTATION OF THE DIRECTIVE

3.1.

National consideration of “hazardous waste” – Article 1(4)

According  to  Article  1(4)  second  indent  hazardous  waste  means  in  addition  to  the
hazardous waste list any other waste considered by a Member State to display any of the
properties listed in Annex III such as flammable, corrosive, oxidising, harmful etc. These
cases shall be notified to the Commission.

The Walloon region of Belgium, as well as Austria, Finland, Germany, Luxembourg,
the Netherlands and the UK notified some more wastes as hazardous waste.

The  Brussels  region  of  Belgium,  as  well  as  France,  Greece,  Ireland,  Italy,  Portugal
and Spain did not identify other wastes as hazardous waste.

No information was provided by Denmark and Sweden.

(cid:1)  These  notifications  were  reviewed  by  the  Commission,  assisted  in  this  task  by  the
Committee  established  by  Article  18  of  Directive  75/442/EEC,  in  the  context  of  the
adaptation  of  the  European  list  of  hazardous  waste.  By  Commission  Decision
2000/532/EC93 a single Community list of waste was established, integrating  the list

86

87

88

89

90

91

92

93

Case C-194/01
Statutory Order from the Ministry of the Environment No. 299 of 30 April 1997 on Waste.
Law No. 75-633 on the elimination of waste and the recuperation of materials, of 15 July 1975 (as
amended  by  Law  No.92-646,  of  July  13,  1992).  Decree  No.  97-517  on  the  classification  of
hazardous waste, of 15 May 1997.
Waste  Avoidance,  Recycling  and  Disposal  Act,  of  27  September  1994.  Ordinance  on  the
determination of waste for special supervision, 10 September 1996.
Decree on the classification of hazardous waste and waste oils, of 8 December 1997.
Decree-Law 239/97 of 9 September 1997. Regulation No. 818/97 of 5 September 1997.
Ordinance on Hazardous Waste (SFS 1996:971) of 26 September 1996.
OJ No L 226, 06.09.2000, p. 3.

41

                                                
of  hazardous  waste.  Decision  2000/532/EC  was  further  amended  by  Commission
Decisions 2001/118/EC94 and 2001/119/EC95 and Council Decision 2001/573/EC96

3.2.

Hazardous waste generated in households – Article 1(5)

According  to  Article  1  (5)  hazardous  waste  generated  in  households  is  exempted  from
the  provisions  of  this  Directive.  The  questionnaire  asks  whether  the  Member  State
distinguishes domestic hazardous waste from non-domestic hazardous waste97.

As  regards  Belgium,  the  Brussels  region  provides  for  separate  collection  of  hazardous
household  waste.  In  the  Flemish  region  such  measures  are  included  in  the  Flemish
regulations on the prevention and management of waste (Vlarea).

The Austrian waste management act98 law classifies hazardous waste from households,
as  well  as  from  other  producers  and  comparable  to  private  households,  as  problematic
substances. Local authorities have to collect these wastes separately at least twice a year.

Finland states that hazardous waste from households is exempted from the requirement
of the Finnish waste legislation to keep records on hazardous waste generated. For other
derogations, reference is made to the report for the period 1995-1997. According to that
information  municipalities  shall  organise  the  recovery  and  disposal  of  hazardous  waste
from  households.  The  provisions  on  packaging  and  labelling  only  apply  after  having
delivered the hazardous waste to municipalities.

In all Länder of Germany, domestic hazardous waste is generally collected separately by
public-law  bodies,  using  mobile  or  stationary  collection  systems.  The  legislation
specifies the following: domestic hazardous waste is exempt from the provisions of the
Ordinance on Waste Recovery and Disposal Records; the Ordinance on Environmentally
Compatible Storage of Waste from Human Settlements prohibits the storage of domestic
hazardous  waste  at  domestic  refuse  disposal  facilities;  the  Hazardous  Waste  Technical
Guidelines apply.

In  Ireland  there  is  currently  no  separate  collection  from  households  of  the  hazardous
components  of  domestic  waste.  “Bring”  facilities  provide  for  the  acceptance  of  certain
domestic  hazardous  wastes,  while  some  local  authorities  operate  a  "Chemcar"  system
(specially equipped vehicle) for such waste.

Italy refers to its national legislation defining hazardous waste and establishing a list of
hazardous  waste.  Article  7(4)  of  Decree  No  22/1997  defines  “non-domestic  waste
specified  in  the  list  referred  to  in  Annex  D…”  as  hazardous  waste.  It  also  refers  to
measures  taken  to  comply  with  Decision  2000/532/EC,  as  modified  by  Decision
2001/118/EC,  which  extended  the  list  of  hazardous  waste  and  incorporated  the
classification method.

94

95

96

97

98

OJ L 47, 16.2.2001, p. 1
OJ L 47, 16.2.2001, p. 32
OJ No L 203, 28.07.2001, p. 18.
As the questionnaire does not specifically ask for more detailed information, some of the replies to
this question are not clear in stating what rules apply to hazardous household waste.
Abfallwirtschaftsgesetz - AWG - BGBI. N° 325/1998.

42

                                                
Luxembourg  refers  to  information  provided  in  its  report  for  the  period  1995-1997.
According  to  that  information  hazardous  waste  generated  in  households  are  listed  in
Chapter 20 of annex IV of the Regulation on Hazardous Waste of 11 December 1996. No
further information is given on the rules applicable to this waste.

In  the  Netherlands  domestic  waste  is  not  as  such  regarded  as  hazardous  waste.
However, householders are encouraged to sort their waste, and wastes appearing on the
list of small chemical waste are collected separately. Most of the wastes appearing on the
list of small chemical waste are hazardous waste. Once these wastes have been collected
from households they are managed as hazardous waste.

Portugal  has  adopted  an  action  plan  on  solid  urban  waste  providing  for  removal,
selective  collection  and  relevant  treatment  of  various  wastes  considered  hazardous  or
potentially  hazardous.  The  action  plan  attaches  particular  importance  to  selective
collection  of  batteries,  mercury  discharge  lamps  and  mercury  thermometers.  Specific
measures for mercury have also been approved.

Spain  reported  that  such  measures  have  been  adopted,  without  providing  any  further
details.

In Sweden the Ordinance on Hazardous Waste is not applicable when hazardous waste
forms  part  of  the  domestic  waste.  Each  municipality  has  the  power  to  decide  that
hazardous  waste  from  households  shall  be  collected  separately  from  other  household
waste. Such separately collected fractions are hazardous waste.

The  Walloon  region  of  Belgium,  as  well  as  Denmark,  France,  Greece  and  the  UK
reported  that  no  such  measures  have  been  adopted,  without  providing  any  further
explanations.

(cid:1)  The  number  of  countries  that  have  established  separate  collection  systems  for
hazardous  household  waste  has  increased  since  the  previous  report  for  the  period
1995-1997.

3.3.

Records  and  identification  of  the  discharge  of  hazardous  waste  –  Article
2(1)

According to Article 2 (1) on every site where discharge of hazardous waste takes place
waste has to be recorded and identified.

In  Austria99  records  must  be  kept,  separately  for  each  calendar  year,  of  the  type,
quantity,  origin  and  whereabouts  of  such  wastes.  The  records  must  be  kept  for  at  least
seven  years  from  the  date  of  the  last  entry  and  presented  to  the  authorities  on  request.
The  records  of  hazardous  waste  shall  take  the  form  of  a  continuous  collection  of
identification forms.

As  regards  Belgium  the  Walloon  region  confirms  that  the  necessary  measures  to
implement Article 2(1) are in place. The Flemish region also confirms that such measures
have  been  taken  and  refers  back  to  information  provided  in  the  previous  report  for  the
period  1995-1997.  According  to  that  information  Article  5.2.1.2  of  Vlarem  II  requires

99

Idem, § 12(1)

43

                                                
operators of installations for the treatment of waste to register the intake and treatment of
wastes  and  that  waste  can  only  be  accepted  in  a  landfill  when  origin,  characteristics,
content  and  leaching behaviour  are known.  In  the  Brussels  region  no  such  discharge  is
taking place.

In Denmark undertakings treating hazardous waste shall keep records of the waste type
(waste catalogue code)100.

Finland refers to information provided back in the 1995-1997 report. It points out that,
according to new legislation101, the waste permit has been replaced by the environmental
permit.  In  addition,  the  following  measures  are  taken  to  ensure  that  tipping  sites  of
hazardous wastes be identified and recorded: all producers of hazardous wastes  (except
households)  and  transporters  of  hazardous  wastes  on  a  commercial  basis,  as  well  as
dealers  and  brokers  in  waste,  if  the  waste  is  intended  for  recovery  or  disposal  outside
Finnish territory, shall  keep  record of waste  (Waste Act, Section 51, paragraph 3).  The
Government  decision  on  landfills  (861/1997)  requires  several  measures  to  be  taken  to
ensure that there is sufficient information on the waste deposited on landfill and that the
properties of waste correspond to the information given on waste (e.g. Sections 6 and 7).
The  transport  of  hazardous  waste  is  under  specific  control,  in  accordance  with  the
Government  Decision  on  information  to  be  provided  on  hazardous  waste  and  on  the
packaging  and  labelling  of  hazardous  waste  (659/1996).  The  holder  of  the  hazardous
waste shall  ensure  that  a  specific  identification  form  accompanies  the  waste  during  the
movement and that it is handed over to the waste consignee at the end of the movement.
The consignee shall certify reception of the waste and the amount by signing and dating
the  document.  The  holder  and  the  consignee  of  the  hazardous  waste  shall  retain  the
identification  form  they  have  signed  or  a  copy  thereof  for  three  years  following  the
signing.

In  France  the  prefectoral  order  that  allows  discharge  of  hazardous  waste  lists  both  the
accepted types of waste and their quantities, prescribes control of the waste (procedure of
acceptance beforehand, control at the arrival on site) as well as keeping of an acceptance
and refuse register for the waste.

In  Germany  registration  and  identification  requirements  for  the  storage  of  hazardous
waste are set out in the Ordinance on Waste Recovery and Disposal Records. In addition,
the Waste Technical Guidelines require the operators of waste disposal facilities to keep
a  company  log  book,  which  must  contain  all  relevant  data,  including  the  record  of  the
waste accepted.

Greece  reported  that  a  register  of  industries  producing  hazardous  waste  has  been
compiled.  It  indicates,  inter  alia,  the  waste  production  source,  the  characterisation  of
waste  and  the  quantity  produced,  and  the  method  of  management  and  final  disposal  of
the waste.

Ireland confirmed again that the necessary measures for the implementation of Article 2
(1) are in place102.

100

101

102

Order no 619 of 27th June 2000 on Waste.
Environmental Protection Act 86/2000.
Section 41(2)(ix) of the Waste Management Act, 1996.

44

                                                
In  Italy  national  legislation103  establishes  that  hazardous  waste  may  be  disposed  of  in
landfill only if accompanied by an identification form. On that basis the landfill manager
checks that: (a) on the basis of the characteristics indicated in the identification form, the
waste  may  be  disposed  of  in  landfill;  (b)  the  characteristics  of  the  waste  delivered
correspond to those recorded in the identification form.

Luxembourg  confirms  again  that  Article  2  (1)  was  implemented  by  Article  3  of  the
Regulation on Hazardous Waste of 11 December 1996, without any further details.

In  the  Netherlands  Article  10.32  of  the  Environmental  Management  Act  (Wet
milieubeheer)  lays  down  the  obligation  for  any  party  transferring  hazardous  waste  to
provide  the  party  receiving  that  waste  with  a  description  of  its  nature,  properties  and
composition.  Article  10.33  of  the  Environmental  Management  Act  requires  the  party
receiving waste (including landfill sites) to notify the competent authority when it takes
delivery  of  waste.  These  notifications  must  be  registered.  The  manner  in  which
registration  takes  place  is  specified  in  the  acceptance  and  registration  provisions  of  the
permit.

Portugal  confirms  that  it  has  taken  the  necessary  measures  and  refers  to  provisions  of
national legislation on record keeping for waste. It specifies that the single discharge for
hazardous  industrial  waste  existing  in  Portugal  has  specific  regulations  on  identifying
and recording the waste for disposal.

Spain refers to national provisions104 requiring record-keeping and the presentation of an
annual report on activities.

Sweden  states  again  that  these  requirements  are  dealt  with  in  connection  with  the
procedure of issuing permits for the landfilling activity.

The United Kingdom confirms that relevant measures are in place in England, Scotland
& Wales and Northern Ireland, without providing further details, but not in Gibraltar.

(cid:1)  For this report all Member States have replied to this question and all Member States

state that the requirements of Article 2(1) are met.

3.4.

Mixing of hazardous waste – Article 2(2) –(4)

According to Article 2(2) to (4) establishment and undertaking which dispose of, recover,
collect  or  transport  hazardous  waste  shall  not  mix  different  hazardous  waste  and
hazardous waste with non hazardous waste. Exemptions may only be permitted where the
conditions  laid  down  in  Article  4  of  Directive  75/442/EEC  are  complied  with  and  in
particular  for  the  purpose  of  improving  safety  during  disposal  or  recovery.  Already
mixed  waste  has  to  be  separated  where  technically  and  economically  feasible  and
necessary for safety reasons (human health and environment).

In Austria national legislation105 prohibits, under specific circumstances,  the  mixing  of
waste with other wastes or materials or of waste with waste oils. The joint treatment of

103

104

105

Ministerial Decree No 141 of 11 March 1998
Royal Decree 833/1988
§17(1a) of the Abfallwirtschaftsgesetz

45

                                                
different  wastes  or  of  wastes  and  materials  in  an  establishment  shall  not  be  deemed  to
constitute mixing within the meaning of this provision where such treatment is permitted
for each individual waste. The joint collection of different types of waste or of wastes of
the  same  type  with  different  levels  of  contaminant  content  is  permitted  where  no
chemical  reaction  occurs  between  the  wastes  and  the  joint  use  or  handling  (including
recovery)  thereof  is  permitted  according  to  the  stated  criteria.  With  the  new  Waste
Management  Act  of  2002  the  obligation  to  separate  waste  already  mixed  waste  is
transposed into national legislation.

As  regards  Belgium  all  3  regions  refer  to  legislation  transposing  the  requirements  of
Articles 2(2)-(4).

Denmark  refers,  as  in  the  previous  1995-1997  report,  to  a  letter  of  18/7/96  to  the
Commission,106 without providing any further explanations.

Finland refers to information provided in its previous report for 1995-1997 where it was
specified  under  which  conditions  the  mixing  of  hazardous  wastes  with  one  another  or
with  other  wastes  or  substances  is  allowed.  According  to  that  information  mixing  of
hazardous waste is only allowed, when it is necessary for waste recovery or disposal and
when it does not cause safety problems.

France reported again that special industrial waste (listed in the decree of 15 May 1997)
cannot be disposed of together with other waste categories. Special industrial wastes and
hazardous  wastes  are  not  accepted  on  landfills  for  municipal  waste.  Industrial  waste
cannot be burned in an incineration plant for municipal waste. In the case of incineration
of municipal waste together with special industrial waste the stricter requirements apply.

Germany stated that relevant rules are set out in § 5 para. 2, sentence 4, and § 11 para. 2
of the Closed Substance Cycle Waste Management Act (KrW-/AbfG), as well as in the
Waste Oils Regulation, the PCB Waste Regulation and the Solvents Regulation.

Greece indicated that it has no treatment or disposal centres for hazardous waste at the
national  level.  This  information  is  not  sufficient  to  assess  whether  the  mixing  ban  is
correctly transposed into national legislation.

In  Ireland  the  Waste  Management  (Licensing)  Regulations  of  2000  provide  for  the
Environment  Protection  Agency  to  attach  to  any  waste  license  that  it  may  grant  such
conditions that are necessary to give effect to the provision of Articles 2(2)-(4). A similar
requirement  for  local  authorities  is  included  in  the  Waste  Management  (Permit)
Regulations  of  1998.  The  Waste  Management  (Hazardous  Waste)  Regulations  of  1998
allow for appropriate labelling by the producer of  such  waste  during  temporary storage
and prohibit  mixing  of  hazardous  waste  with  one  another  or  with  non-hazardous  waste
unless  explicitly  approved.  Similar  non-mixing  requirements  apply  for  the  transfer  of
hazardous waste.

Italy  refers  to  national  legislation107  which  prohibits  the  mixing  of  the  different
categories  of  hazardous  waste  or  the  mixing  of  hazardous  waste  with  non-hazardous

106

107

That letter confirmed that this Article has been transposed by § 53 of bekendtgørelse no 581 of 24
June 1996.
Article 9(1) of Leg. Dec. 22/1997

46

                                                
waste,  unless  a  regional  authorisation  allows  such  mixing  provided  that  this  does  not
endanger  human  health  and  is  not  harmful  to  the  environment.  Consequently,  mixing
hazardous wastes belonging to the same category among the forty referred to in Annex 1
to Directive 92/689/EEC is permitted, as is the mixing of non-hazardous wastes among
themselves.

Luxembourg  refers  again  to  the  relevant  provisions  of  the  Regulation  on  Hazardous
Waste of 11 December 1996. The mixing of waste was generally prohibited by Article 7
paragraph  4  of  the  Law  on  Prevention  and  Management  of  Waste.  More  detailed
requirements  are  laid  down  in  the  Regulation  on  Hazardous  Waste.  The  mixing  of
hazardous waste for safety reasons requires a permit of the Ministry of the Environment.

The Netherlands states again these requirements are included in Article 2, second, third
and  forth  indent  of  the  Decree  on  separation  and  keeping  separate  hazardous  waste
(Official Journal 1998, 72) sent to the Commission by letter of 15 September 1998.

Portugal  confirms  that  the  necessary  measures  are  in  place,  primarily  through  specific
legislation  on  waste  streams  which  requires  separate  management  of  such  wastes.  The
necessary  measures  to  avoid  mixing  different  categories  of  waste  are  taken  at  the
collection and transport stages. The producer, holder or transporter of hazardous waste is
required  to  treat the  waste separately.  Specific rules are  in force  for  hospital  hazardous
waste.

Spain  states  that  Article  12(2)  of  Law  10/98  on  waste,  as  duly  notified  to  the
Commission, prohibits mixing waste under the circumstances provided for in Article 2(2)
to (4) and, depending on the consequences, classifies mixing as a serious or very serious
infringement (Article 34 of the  Law). Under  Article  4(2)  of  the  same  Law  the  relevant
regional authorities are responsible for supervision, inspection and sanctions.

In Sweden states again that these requirements are included in the Swedish Ordinance on
Hazardous Waste (SFS 1996:971).

UK reported that for England, Scotland & Wales the requirements of articles 2(2) to 2(3)
are  already  reflected  in  existing  regulations,  while  Article  2(4)  is  to  be  reflected  when
revised regulations are implemented in  2002.  The requirements of Articles  2(3)  to  2(4)
are partly met in Northern Ireland and Gibraltar.

(cid:1)  The prohibition of mixing hazardous waste seems to have been correctly transposed in
almost all Member States. However, the derogations often deviate from the conditions
stated in Article 2(3) under which it is permissible to derogate from the ban, which are
that the mixing is in accordance with Article 4 of Directive 75/442/EEC and that it is
done with the purpose of improving the safety of the disposal or recovery.

47

3.5.

General  national  rules  replacing  permit  requirements  for  recovery
operations – Article 3(2)

According to Article 3(2) establishment and undertaking, which recover hazardous waste
may  be  exempted  from  the  permit  requirement  when  the  Member  State  adopts  certain
specific rules and when the protection of human health and the environment is ensured.
These  establishments  and  undertakings  have  to  be  registered  with  the  competent
authorities.

The  UK  has  adopted  rules  to  enable  exemptions.  It  reported  7  extant  exemptions  in
England,  Scotland  &  Wales  which  have  been  provided  under  Article  11  of  Directive
75/442/EEC.  Most  of  the  exemptions  were  made  before  27  June  1995  when  the
hazardous  Waste  Directive  had  to  be  implemented  but  they  were  notified  to  the
Commission  under  Article  11(3)  of  Directive  75/442/EEC.  However,  there  are  still
problems with Northern Ireland.

Italy notified rules to enable exemptions for certain hazardous wastes pursuant to Article
3(2), which were agreed by Commission Decision 2002/909/EC108

3.6.

Inspections of the producers of hazardous waste – Article 4(1)

According to Article 4 (1) periodic inspections are required in addition to establishment
and undertaking for the producer of hazardous waste.

Austria  reported  again  that  waste  producers  who  produce  hazardous  waste  repeatedly
and at least once a year must be registered with the competent authorities. All transfers of
hazardous wastes are recorded in a federal register and such data are regularly checked.
Where  appropriate,  an  on-the-spot  inspection  is  made.  Waste  producers  are  also
monitored by means of spot checks (suspicious notifications, by sector, irregularities).

As regards Belgium, the Walloon region reported again that the producers of hazardous
waste  are  inspected  in  the  context  of  a  general  control  on  the  implementation  of
environmental  legislation  for  classified  establishments,  usually  once  a  year.  In  the
Flemish  and  Brussels  regions  these  establishments  are  inspected  periodically,  the
frequency of these inspections depending on the priority given to the dossier in question.

Denmark  stated  again  that  the  inspections  of  the  producers  of  hazardous  waste  are
carried out as part of the general municipal inspections.

Finland  referred  back  to  the  report  for  the  period  1995-1997.  In  addition,  the
Environmental  Protection  Act  (86/2000)  and  Decree  (169/2000),  which  entered  into
force  on  1  March  2000,  contain  provisions  concerning  inspections.  The  supervisory
authority  (i.e.  regional  environmental  centres  or  local  authority)  has  a  right  to  obtain
necessary information from authorities and operators, to move around on another party's
land,  to  make  inspections  and  tests,  carry  out  measurements  and  take  samples,  to  gain
access to places where activities are engaged in, and to monitor the environmental effects
of  activities.  The  supervisory  authority  must  carry  out  inspections  of  activities,  which
have  been  granted  a  permit  as  often  as  is  necessary  in  order  to  monitor  operations.

108

OJ L 315, 19.11.2002, p. 16

48

                                                
Inspections are  also  mandatory  in  specific  situations  laid  down  by  legislation  and  must
also be carried out in response to requests by an operator, an interested party, or anyone
else, except in cases where an inspection must be considered as manifestly unnecessary.
The authorities shall draw up  a separate plan for inspection work where  this  is deemed
necessary. A record of the inspection shall also be drawn up.

France confirmed again that every delivery of hazardous waste to a disposal installation
is controlled, that special installations are inspected at least once a year and that for waste
generation and waste disposal declarations are required once to three times a year. This
information does not clarify whether periodical inspections are foreseen for producers of
hazardous waste.

In  Germany producers of hazardous waste are subject  to  monitoring  by  the  competent
authority109. The frequency of checks is different in the individual Länder, and depends
on the "problem situation", i.e. the type of facility and the need for monitoring. It ranges
from a maximum of twice a year to a minimum of once every five years.

Greece  reported  that,  depending  on  the  types  of  waste,  the  competent  authorities  that
grant the hazardous waste preliminary  storage permits  carry out periodic inspections of
the  temporary  storage  sites.  The  frequency  of  the  inspections  varies  according  to  the
terms  laid  down  for  the  storage.  This  information  does  not  clarify  whether  periodical
inspections are foreseen for producers of hazardous waste.

Ireland restated that the frequency of inspections is determined by individual competent
authorities having regard to the nature of the facilities and the wastes concerned (Section
15 (1) (b) of the Waste Management Act 1996).

In  Italy  Article  20(1)(c)  of  Legislative  Decree  22/1997  delegates  the  responsibility  for
periodic monitoring  to  the  Provinces  which  may  conclude  appropriate  agreements  with
public bodies with specific experience and pertinent technical skills. As part of the tasks
attributed to them, the Provinces carry out periodic inspections of the undertakings  and
establishments  which  dispose  of  or  recover  waste.  This  information  does  not  clarify
whether periodical inspections are foreseen for producers of hazardous waste.

Luxembourg  refers  back  to  the  1995-1997  report.  According  to  that  information
officials  of  the  police,  the  customs  authorities  and  the  environmental  administration
monitor  infringements  of  the  general  waste  legislation  as  well  as  the  legislation  on
hazardous  waste.  The  controls  are  carried  out  regularly  but  not  in  a  determined
frequency. In addition, Luxembourg reports that an ecological management scheme has
been put in place and companies are regularly controlled for conformity as regards their
waste  management.  Classified  establishments  have  to  draw  up  a  plan  on  waste
prevention and management, controlled by a certified body.

In the Netherlands these inspections are carried out by the Enforcement departments of
the competent authorities (in general the provinces). The periodicity of these inspections
depends  on  various  factors  (nature  and  location  of  the  undertaking,  nature  of  the
hazardous materials, risk level, etc.).  Thus  the  periodicity  varies  between  undertakings.
In general, an effort is made to inspect every undertaking at least once a year.

109

§  40  of  the  Closed  Substance  Cycle  Waste  Management  Act  (KrW-/AbfG).  §  52  of  the  Federal
Immission Control Act (BImSchG)

49

                                                
Portugal confirmed the implementation of this requirement through various departments
of the Ministry of Environment and Regional Planning. Other bodies are also responsible
for inspections, including the police authorities. Inspections are carried out regularly with
no  set  intervals,  although,  on  average,  the  leading  producers  of  hazardous  wastes  are
inspected once a year.

Spain  stated  that  each  regional  authority  is  responsible  for  deciding  the  appropriate
frequency  to  meet  requirements.  In  any  event,  inspections  must  always  be  carried  out
before permits are renewed.

Sweden  restated  that,  according  to  the  Swedish  Environmental  Code  the  authorities
responsible for inspections shall carry out plans for inspections on a yearly basis. These
authorities  shall  also  keep  records  over  the  activities  that  require  inspections  and
regularly evaluate the results from the inspections.

The  UK  affirmed  that  inspections  take  place  on  a  regular  basis,  without  providing  any
details.

(cid:1)  From  the  answers  given  it  cannot  be  concluded  that  all  Member  States  provide

periodical inspections of all generators of hazardous waste.

3.7.

Records on Waste – Article 4(2)

According  to  Article  4(2)  producers  of  hazardous  waste  have  to  keep  records  on  the
details of hazardous waste (in addition to Article 14 of Directive 75/442/EEC). Further,
establishments  and  undertakings,  which  transport  hazardous  waste,  have  to  keep
records.  On  request  they  have  to  make  this  information  available  to  the  competent
authorities.

Belgium  refers  to  the  report  of  1995-1997  for  the  Flemish  Region.  According  to  that
information, Article 23§1 of the Flemish Waste Management Decree requires registration
and identification of hazardous wastes. Article 5.2.1.2 of Vlarem requires that operators
of  waste  treatment  installations  keep  a  register  for  incoming  and  treated  wastes.  This
article also  specifies the  data that is  required  for  the  different  wastes.  Article  17  of  the
Waste Management Decree requires producers of industrial wastes to keep a register of
the  generated  wastes.  According  to  the  new  information  submitted  for  the  Flemish
Region  the  standard  forms  shown  in  the  Ministerial  Order  of  19  November  1990
containing detailed rules concerning the waste report form to be used for the compulsory
annual  report  have  been  replaced  by  the  report  forms  in  Article  5.1.5.2  of  VLAREA.
There seems to be no requirement concerning the transport of hazardous wastes.

For the Walloon Region no new information is submitted. According to the information
submitted  for  the  previous  report  all  producers  or  establishments  collecting,  treating,
recovering  and  disposing  hazardous  waste  have  to  keep  records.  There  seems  to  be  no
requirement concerning the transport of hazardous waste.

No information was received for the Brussels Region.

In Denmark according to Order no 619 of 27th June 2000 on Waste, section 50 and 53,
the enterprises and public and private institutions producing hazardous waste, except for
explosive  waste,  shall  report  such  waste  to  the  local  council.  The  report  shall  include

50

information  on  the  classification  of  the  waste  (waste  catalogue  code),  the  quantity,
packaging,  composition  and  type  of  waste.  Furthermore,  the  enterprises  collecting  and
transporting  hazardous  waste  as  part  of  their  business  shall  maintain  a  register  of  the
amount  and  classification  of  hazardous  waste  transported  (waste  catalogue  code),  the
producer of the waste and the delivery site, cf. the Order on Waste, section 14, subsection
1. The information and documentation for the information shall be held for five years, cf.
the Order on Waste, section 14, subsection 2. According to section 15 to 17 enterprises
treating hazardous waste shall register and report to the Danish Environmental Protection
Agency  with  data  on  the  type,  fraction,  origin,  and  quantity  of  waste,  including
recyclable materials which are recycled, incinerated for energy production or disposed of.
For hazardous waste, the classification of waste should also be reported (waste catalogue
code). The notification and reporting are made according to Appendices 7 - 9 of Order no
619 of 27th June 2000 which is enclosed. Reference is also made to letter/note of 18 July
1996 (SG(96) A/012178).

France reports that there is no standard form.  The  register shall,  when  required  retrace
the  operations  carried  out  in  connection  with  elimination  of  the  waste.  In  the  previous
report France had stated that establishments and undertakings carrying out recovery and
disposal  as  well  as  producers  of  hazardous  waste  have  to  keep  records.  There  doesn’t
seem to be requirements for the transport of hazardous waste.

In Germany the producers of hazardous waste referred to in Article 4(2) are obliged to
introduce and keep a logbook pursuant to § 29 of the Ordinance on Waste Recovery and
Disposal Records. Logbooks have to be kept for three years after the date of the last entry
or the last document. The logbook contains certain completed forms from Annex 1 to the
Ordinance  on  Waste  Recovery  and  Disposal  Records,  the  use  of  which  is  compulsory.
These are: 1. Record of proper waste management forms and collective record of proper
waste management forms: - Cover sheet for records of proper waste management (EN), -
Responsible  declaration  (VE),  -  Declaration analysis  (DA),  -  Declaration  of  acceptance
(AE),  -  Official  confirmation  (BB),  2.  Notification  report  forms:  -  Cover  sheet  for
notification/application  (AA),  -  Responsible  declaration  (VE)  -  (without  declaration
analysis  (DA)),  3.  Exemption  forms:  -  Cover  sheet  for  notification/application  (AA),  -
Declaration of acceptance (AE), - Official confirmation (BB), 4. Record of proper waste
management  forms:  -  Consignment  note,  -  Hand-over  certificate,  5.  Simplified  record
and  collective  simplified  record  forms:  -  Cover  sheet  for  records  of  proper  waste
management (EN), - Responsible declaration (VE), - (without declaration analysis (DA)),
- Declaration of acceptance (AE).

In the previous report Germany had reported that producers and establishments collecting
and  transporting  hazardous  waste  were  obliged  to  implement  “proving  procedures”
(Nachweisverfahren).  The  record  keeping  obligation  seems  to  apply  only  to  producers
who generate more than 2000kg hazardous waste or 2000 tonnes per year. This is not in
line with Article 4(2).

In Spain Articles 16 and 17 of Royal Decree 833/89, as duly notified to the Commission,
impose an obligation to keep records and lay down the content thereof.

In Greece the hazardous waste register which the producers and undertakings referred to
in  Article  4  (2)  are  required  to  keep  includes,  in  addition  to  the  dates  of  production,
delivery and reception, information about quantity,  chemical  composition,  pH,  physical

51

and chemical characteristics, origin and the method of packaging, transport and storage.
The registers are preserved for at least ten years.

Ireland gave no reply to this question. In the previous report Ireland had confirmed the
implementation of Article 4(2) without giving any details.

Italy reported that its waste legislation contains a number of record keeping and related
certification requirements binding  on  waste  disposal  and  recovery  undertakings  as  well
as  for  producers  of  hazardous  waste  (except  certain  agricultural  undertakings)  and
producers  of  non-hazardous  waste  engaged  in  industrial  and  craft  processes  (with  the
exception  of  certain  small  operators)110.  Record  keeping  is  standardised  and  subject  to
periodic certification procedures with the competent authorities.

Luxembourg referred to the information provided for the previous report. According to
that  information  the  obligation  for  establishments  carrying  out  collection,  transport,
recovery and disposal operations for  waste and hazardous waste to keep records is  laid
down in the Law on the Prevention and Management of waste. The same was established
for producers of hazardous waste by Article 4,1 of the Regulation on Hazardous Waste of
11 December 1996. Currently a standard form has not been issued.

In  the  Netherlands  producers  of  hazardous  wastes  must  register  the  nature  and
composition of the hazardous wastes they transfer. They are also required to provide the
party  to  whom  the  waste  is  transferred  with  information  regarding  the  nature  and
composition  of  the  waste.  There  is  no  standard  form  for  the  registration  of  waste  by
waste  producers  or  by  those  to  whom  the  waste  is  transferred.  As  a  general  rule
undertakings can keep the records in a form which suits them. However, standard forms
are  used  by  waste  collectors  and  receivers  to  inform  the  competent  authority  of  the
receipt of waste.

In  Austria  §  12(1)  of  the  Waste  Management  Act  obliges  anyone  who  performs  an
activity which generates wastes or waste oils or who collects or treats wastes (waste oils)
to keep continuous records, separately for each calendar year, of the type, quantity, origin
and  whereabouts  of  such  wastes  (waste  oils),  and  provide  such  information  to  the
authorities on request. The records must be kept for at least seven years from the date of
the  last  entry.  Provisions  for  the  implementation  of  these  obligations  are  set  out  in  the
Waste Control Ordinance111 There is an identification form system for hazardous wastes,
under which the holder of hazardous wastes or waste oils must identify in particular the
type, quantity, origin and whereabouts of hazardous wastes and  waste oils by means of
identification forms made out on a standard form and continuous records based on such
information.

Portugal gave no reply to this question.

Finland  refers  to  the  report  for  the  period  1995-1997.  According  to  that  information
holders of waste permits, producers of hazardous waste (households excluded) as well as
commercial  transporters  of  hazardous  waste  shall  keep  records  of  the  quantity,  type,
quality  and  origin  of  all  wastes  including  the  collection,  storage,  transport,  recovery,
disposal,  delivery  place  and  date  (Waste  Act,  Section  51,  paragraph  3).  Waste  permit

110

111

Decree Law 22/1997.
BGBl No 65/1991

52

                                                
holders  shall  supply  annual  summaries  of  waste  records  on  standard  forms  to  the
supervising  authorities.  When  delivering  hazardous  waste  for  recovery  or  disposal  an
identification form containing  detailed information on the  waste  shall  be  drawn  up  and
retained for three years.

In  addition  Finland  indicates  that  the  waste  permit  was  replaced  by  the  environmental
permit  due  to  the  entry  into  force  of  the  Environmental  Protection  Act  (86/2000)  on  1
March 2000.  The  requirements concerning the use of identification  form set  out by  the
Government  Decision  on  information  to  be  provided  on  hazardous  waste  and  on  the
packing and labelling of hazardous waste (659/1996) shall not apply to hazardous waste
which  has  been  generated  by  households  or  comparable  activities  and  is  delivered  to  a
municipal or other reception facility, nor to transfrontier shipments of hazardous waste,
for  which  separate  provisions  exist  elsewhere  concerning  the  identification  form  and
procedures to be followed. Record-keeping, as well as annual reporting when required by
the permit authorities, is recommended to be made in standard form. These forms have
been  prepared  and  distributed 
the  environmental
administration.

to  economic  operators  by 

Sweden  reports  that  requirements  on  keeping  records  are  included  in  the  Swedish
Ordinance on Hazardous Waste.

In the United Kingdom consignors of hazardous waste and those transporting hazardous
waste are required to keep records by virtue of regulation 15 of the SWR and regulation
14 of the SWR NI. This requirement is to be extended to producers when the regulations
are revised in 2002.

(cid:1)  The United Kingdom has not yet implemented the requirements for hazardous waste
producers. Germany’s record keeping system is not in line with Article 4(2). Belgium,
France,  Italy,  the  Netherlands,  Austria  and  Sweden  gave  no  information  on  the
implementation of the requirements for the transport of hazardous waste. Portugal and
Ireland gave no information on the implementation of Article 4(2).

3.8.

Measures  to  ensure  proper  packaging  and  labelling  of  hazardous  waste  –
Article 5

According to Article 5 (1) hazardous waste has to be properly packaged and labelled in
the  course  of  collection,  transport  and  temporary  storage  in  accordance  with  the
international and Community standards in force.

Austria restated that the corresponding packaging and marking provisions are laid down
and made compulsory by §4 of the Transport of Dangerous Goods Act112.

As  regards  Belgium,  the  Walloon  region  restated  that  establishments  which  carry  out
transport,  collection,  treatment,  recovery  and  disposal  operations  on  hazardous  waste
need  an  authorisation,  which  includes  requirements  on  packaging  and  labelling.  The
Flemish region referred back to information it provided for the 1995-1997 report where
it set out the legal requirements applying on packing and identification of wastes during

112

(GGBG, BGBl. I No 145/1998)

53

                                                
collection,  transport  and  temporary  storage.  The  Brussels  region  referred  to  the  legal
texts applying, without any other detail.

Denmark  reaffirmed  that  Article  5(1)  has  been  implemented  and  referred  again  to  its
relevant letter of 18/7/96 to the Commission, in which Denmark  confirmed that  Article
5(1) had been transposed by § 54 of bekendtgørelse no 581 of 24 June 1996.

Finland  confirmed  the  implementation  of  Article  5(1)  and  referred  back  to  the  1995-
1997 report.

France also confirmed the implementation and provided again only a description of its
legal provisions governing  packaging, labelling  and transport  of hospital and infectious
healthcare waste. No information on other hazardous waste is given.

Germany stated that requirements pursuant to Article 5(1) are set out in the Dangerous
Goods Transport Regulation.

Greece  informed  that  the  collection,  transport  and  preliminary  storage  of  hazardous
waste  are managed  on the basis  of  a permit  granted  by  the  competent  authority  for  the
specific  purpose  and  subject  to  terms,  which  are  determined  according  to  the  type,
quantity  and  physical  and  chemical  characteristics  of  the  waste.  These  should  be  in
compliance with international or Community standards.

In Ireland the requirements of Art. 5(1) are satisfied through relevant provisions of the
Waste  Management  (Hazardous  Waste)  Regulations  and  the  Waste  Management
(Movement of Hazardous Waste) Regulations of 1998113. According to these, packaging
used  for  temporary  storage  or  transfer  of  hazardous  waste  must  be  properly  labelled
under the responsibility of the waste producer or consignor respectively, unless the local
competent authority approves the mixture of such waste.

In Italy Article 15(3) of Legislative Decree 22/1997 requires that, during collection and
transport, hazardous waste be properly packaged and labelled. Ministerial Decrees fix the
details that have to be indicated.

Luxembourg reaffirmed that these provisions have been implemented and referred to the
1995-1997  report.  According  to  that  report  the  provisions  were  implemented  in
Luxembourg by Article 5 of the Regulation on Hazardous Waste of 11 December 1996.

The Netherlands referred again to the provisions contained in the Act on the transport of
dangerous  substances114,  as  well  as  to  other  relevant  legislation.  The  vast  majority  of
hazardous  wastes  are  also  dangerous  substances,  and  as  such  their  collection,  transport
and  temporary  storage  are  regulated  by  the  above-mentioned  legislation.  In  the  case  of
hazardous  wastes  which  are  not  classified  as  dangerous  substances,  transport  rules  are
included  in  the  road  transport  legislation.  A  permit  under  the  Environmental
Management Act is required for the storage of hazardous wastes. The permit lays down
rules relating to safety and also, for example, the prevention of leaks into the ground and
groundwater.

Articles 22 and 5(1)b respectively.

113
114 Wet vervoer gevaarlijke stoffen - Staatsblad 1995, 525

54

                                                
Portugal reported that, in accordance with the provisions of Order 335/97 of 16/5/97, the
transport of wastes must be carried out under environmentally appropriate conditions in
order  to  avoid  dispersal  and  spills.  If  the  waste  to  be  transported  meets  the  criteria  for
classification as hazardous waste, the packaging and labeling procedures must meet the
requirements  laid  down.  Temporary  storage  of  wastes  is  subject  to  prior  authorization
taking  into  account  the  packaging  and  labeling  aspects.  Specific  provisions  apply  for
selected waste streams such as hospital waste, PCBs and waste oils.

Spain confirmed that the necessary measures have been taken through Articles 13 and 14
of Royal Decree 833/89.

Sweden restated  that packaging and labelling should  be  carried  out  in  accordance  with
the rules on Transport of Dangerous Goods.

The  UK  reported  that  it  has  not  taken  the  necessary  measures  yet  and  is  currently
considering the drafting of suitable references.

(cid:1)  As regards the proper packaging and labelling of hazardous waste, France confirmed
the implementation only for hospital and infectious  healthcare waste  and  the United
Kingdom has confirmed that suitable references are being considered.

3.9.

Waste management plans and waste statistics – Article 6

According  to  Article  6  the  competent  authorities  shall  draw  up,  either  separately  or
together  with  the  general  waste  management  plan,  plans  for  the  management  of
hazardous waste.

The data and information on waste management plans on hazardous waste are included
in Table 2 of the report on Directive 75/442/EEC.

Belgium repeats the figures for the Flemish Region given in the previous  report. In the
Flemish Region hazardous waste plans have been drawn up since 1 January 1997 in the
framework of the  general waste management plans. Environmental policy plans consist
of:  a)  the  environment  report  which  describes  the  state  of  the  environment  and  makes
forecasts ("MIRA-Thema’s" for 1998 and 1999 and the "MIRA-Scenario’s" for 2000); b)
the five-year environment policy plan ("MINA-plan" for 1997-2001), which contains the
main lines of Flemish environment policy; c) the annual environment programme, which
contains  the  actions  implementing  and  rendering  operational  the  environment  policy
plan. Various actions in this plan concern hazardous waste, such as the disposal plan for
PCB-containing  appliances  and  the  implementation  plan  for  the  separate  collection  of
industrial  waste  from  small  undertakings,  and  d)  sectoral  policy  plans  for  waste.  The
environment  policy  plans  were  also  drawn  up  in  the  framework  of  the  general  waste
management plans as referred to in Article 7 of Directive 75/442/EEC.

Germany  indicates  that  in  12  (of  16)  Länder  there  is  an  independent  hazardous  waste
management plan.

In Spain the national plans are drawn up separately for each type of waste. Some regions
have integrated or general plans.

55

In  Greece  the  management  plans  for  hazardous  waste  have  been  drawn  up  in  the
framework  of  the  waste  management  plans  referred  to  in  Article  7  of  Directive
75/442/EEC  and  are  included  in  Joint  Ministerial  Decision  14312/1302/2000115.  The
design  of  the  management  plans  is  currently  being  completed  with  regard  to  the  pre-
selection  of  suitable  sites  for  the  creation  of  centres  for  the  preliminary  storage,
treatment, utilisation and final disposal of hazardous waste.

Ireland  explains  that  special  waste  plans  prepared  by  local  authorities  under  the  1982
Regulations  were  drawn  up  separately  from  waste  management  plans  made  under
relevant  1979  Regulations.  The  NHWMP  made  by  the  EPA  is  separate  to  the  Waste
Management  Plans  being  made  by  local  authorities  for  the  purposes  of  article  7  of
Directive 75/442/EEC116.

In  Luxembourg  the  plans  were  developed  in  the  framework  of  the  general  national
waste management plan drawn up in accordance with Directive 75/442 as amended.

In the Netherlands the Multiannual Hazardous Waste Plan II (Meerjarenplan gevaarlijke
afvalstoffen II) is a waste management plan within the meaning of Article 7 of Directive
75/442/EEC.  Together  with  the  Ten-Year  Waste  Programme  (for  domestic  and
assimilated  commercial  waste)  it  forms  a  coherent  framework  for  the  planning  and
management of wastes within the meaning of Article 7 of Directive 75/442/EEC.

Austria  has  drawn  up  these  plans  pursuant  to  the  general  Waste  Management  Plan
(Federal Waste Management  Plan  2001).The waste management plans in  Sweden have
been drawn up according to Directive 75/442/EEC.

The  plans  of  the  United  Kingdom  reflect  the  framework  of  the  general  waste
management plans referred to in Article 7 of Directive 75/442/EEC.

(cid:1)  In most Member States hazardous waste is included in the general waste management
plans. The state of transmission is summarised in section 3.1 of the report on Directive
75/442/EEC.

3.10.

Temporary derogation from this Directive – Article 7

According to Article 7, in cases of emergency or grave danger, Member States shall take
all  necessary  steps  including  temporary  derogation  from  this  Directive  to  ensure  that
hazardous waste is dealt with so that it will constitute a threat to the population or the
environment. The Commission has to be informed thereof.

None of the Member States applied Article 7.

115

116

Gov. Journal 723/B/2000, 9-6-2000
Reference is also made to section 22(8) of the Waste Management Act, 1996.

56

                                                
3.11.

In addition to the questionnaire – Article 8 (3)

Article  8(3)  requires  Member  States  to  send  the  Commission  information  for  every
establishment  or  undertaking  which  carries  out  disposal  and/or  recovery  of  hazardous
waste  principally  on  behalf  of  third  parties  and  which  is  likely  to  form  part  of  the
integrated  network  referred  to  in  Article  5  of  Directive  75/442/EEC.  This  information
should  consist  of  name  and  address,  method  used  to  treat  the  waste  and  types  and
quantities  of  waste  which  can  be  treated  and  is  to  be  provided  on  a  yearly  basis  in  a
format laid down in Decision 96/302/EC117. The Commission shall make this information
available on request to the competent authorities in the Member States.

Up  to  May  1999  the  Commission  had  received  information  from  all  Member  States
except  Italy.  Only  Germany  has  provided  a  first  update  of  the  information.  The  other
Member States only provided information once.

Not  all  Member  States  sent  in  the  complete  information  or  in  the  right  format.  The
information from Greece was incomplete and only consisted of the name and address of
the  installations118.  The  information  from  Germany  contained  all  the  required  data.
However the information as regards the waste that can be treated is given in the form of
the  LAGA-codes  and  not  according  to  the  European  Waste  Catalogue.  As  regards  the
United Kingdom the information is complete except for the types of wastes treated in the
installations  in  England.  In  the  French  contribution  the  information  on  treated  waste
types  is  also  missing.  In  the  Irish  and  Portuguese  information  the  waste  types  are  not
mentioned  systematically.  As  regards  Portugal  also  the  information  on  the  treatment
method is lacking for some installations. All the other Member States have provided all
the information in the required format.

The  European  Topic  Centre  on  Waste  and  Material  Flow  has  created  the  Database  on
Waste  Management  Facilities,  which  includes  all  the  information  received  pursuant  to
Article 8 (3) on installations treating hazardous waste.

117

118

OJ No L 116, 11.5.1996, p. 26.
In its judgement of 13 June 2002 (Commission  v. Hellenic Republic, case  C-33/01) the European
Court  of  Justice  declared  that  Greece  had  failed  to  fulfil  its  obligations  under  Article  8(3)  of
Directive 91/869/EEC.

57

                                                
DIRECTIVE 75/439/EEC ON THE DISPOSAL OF WASTE OILS

1.

INTRODUCTION

Directive  75/439/EEC119  on  the  disposal  of  waste  oils,  amended  by  Directive
87/101/EEC120  is  designed  to  create  a  harmonised  system  for  the  collection,  treatment,
storage  and  disposal  of  waste  oils,  such  as  lubricant  oils  for  vehicles  and  engines.  The
Directive  also  aims  to  protect  the  environment  against  the  harmful  effects  of  such
operations. Waste oils are hazardous because they are carcinogenic. Untreated waste oils
that  are  found  in  rivers,  lakes  and  streams  can  threaten  aquatic  life,  while  soil
contamination results from untreated oils being left on the ground.

In particular, the main provisions of Directive 75/439/EEC are:

–  definition  of  waste  oils:  any  mineral-based  lubrication  or  industrial  oils  which  have
become  unfit  for  the  use  for  which  they  were  originally  intended,  and  in  particular
used combustion engine oils and  gearbox oils,  and also  mineral  lubricating oils,  oils
for turbines and hydraulic oils (Article 1);

–  definition of regeneration: any process whereby base oils can be produced by refining
waste  oils,  in  particular  by  removing  the  contaminants,  oxidation  products  and
additives contained therein (Article 1);

–  definition  of  disposal  which,  unlike  the  definition  of  disposal  in  Directive

75/442/EEC, includes both recovery and disposal

–  the obligation to ensure that waste oils are collected and disposed of without causing

any avoidable damage to man and the environment (Article 2)

–  the obligation to give the priority to the regeneration of waste oils upon other disposal
option, when economic, organisational or technical constraint so allow (Article 3);

–  if  the  constraint  mentioned  above  prevent  the  regeneration  of  waste  oils,  the  next

option to consider is their combustion (Article 3);

–  the  prohibition  of  discharges  of  waste  oils  to  surface  water,  groundwater,  drainage

systems or coastal waters or into the soil (Article 4);

–  the prohibition of processing of waste oils that may result in air  pollution  exceeding

prescribed levels (Article 4);

–  the collection of waste oils must be ensured and controlled. Waste oil collectors have

to be registered (Article 5).

–  Undertakings regenerating or incinerating waste oils must have a permit (Article 6)

119

120

OJ L 194, 24.07.1975, p. 31
OJ L 42, 22.12.1986, p. 43

58

                                                
–  Undertakings  regenerating  waste  oils  do  not  cause  avoidable  damage  to  the

environment and are subject to periodic inspections (Article 7);

–  The establishment of emission limit values for the incineration of waste oils (Article

8);

–  The  prohibition  to  use  waste  oils  containing  more  than  50  ppm  of  PCBs

(Polychlorinated biphenyl) as fuel (Article 8)

–  Record  keeping  obligation  for  establishment  producing,  collecting  and  disposing  of

waste oils (Article 11)

–  Obligations  of  periodical  inspections  for  undertakings  regenerating  or  incinerating

waste oils (Article 13)

–  Possibility of granting indemnities to a collection or disposal option (Article 14)

–  reporting requirements (Article 18).

This  report  is  based  on  the  replies  to  the  questionnaire  established  by  Commission
decision 94/741/EC121.

2.

INCORPORATION INTO NATIONAL LAW

This report is a synthesis of the replies to the questionnaire sent by Member States for the
period  1998-2000  on  the  disposal  of  waste  oils.  Although  sometimes  with  long  delays
and gaps, all 15 Member States have answered the questionnaire. This is an improvement
compared to the previous period 1995-1997 for which some Member States did not send
their reply on time for the elaboration of the report and other sources had to be quoted.

2.1.

National law

All Member States have provided the Commission with the laws and regulations in force
concerning the disposal of waste oils.

By December 2002, infringement cases were being pursued concerning Austria, Portugal
and Ireland with regard to incorrect transposition. Actions were brought before the Court
in  the  cases  against  Austria122  and  Portugal123.  Infringement  cases  were  also  being
pursued concerning  Greece,  France,  Sweden,  Denmark,  Belgium,  United  Kingdom  and
Finland with regard to instances of incorrect implementation.

121

122

123

OJ L 296, 17.11.1994, p. 42
C-15/03
C-392/99

59

                                                
2.2.

Provisions regarding the regeneration of waste oils – Article 7

According to Article 7 Member States shall take the necessary measures to ensure that
the  operation  of  the  regeneration  plant  does  not  cause  avoidable  damage  to  the
environment (Article 7 (a)). In addition Member States ensure that base oils derived from
regeneration  do  not  constitute  a  hazardous  waste  and  do  not  contain  PCB/PCT  in
concentration beyond the limits of 50 part per million (ppm) (Article 7 (b)).

Austria and  the  Netherlands stated  that  no  such  measures  were  taken,  as  there  are  no
regeneration plants in their territories. Greece, Portugal and Flanders replied that such
measures had been taken.

Greece specified that undertakings wishing to process waste oils by regeneration submit
an environmental impact assessment (EIA) to the competent authority (Ministry  for  the
Environment,  Regional  Planning  and  Public  Works).  The  Ministry  evaluates  the  EIA
and, if it is complete, draws up the environmental terms and makes a recommendation to
the other competent ministers for the issue of a joint ministerial decision on the matter.
The environmental terms include the conditions and restrictions provided for in Directive
75/439/EEC  (Joint  Ministerial  Decision  98012/2001/96).  Furthermore  hazardous  waste
produced by the  regeneration is managed in accordance with Joint Ministerial Decision
19396/1546/97 (Gov. Journal 604/B/1997).

Portugal  stated  that  the  measures  taken  to  ensure  that  regeneration  units  are  operated
without  causing  damage  to  the  environment  are  laid  down  in  the  law  of  22  December
1986 incorporating into Portugal's national legislation Directive 75/439/EEC, as notified
to  the  Commission,  and  in  Portugal's  other  national  legislation  on  waste  management.
However, there are no units for regeneration of waste oils in Portugal.

The rest of the Member States did not reply to this question.

2.3.

More stringent national measures - Article 16

Pursuant  to  Article  16  Member  States  may  take  more  stringent  measures  than  those
provided in the Directive for the purpose of environmental protection.

Portugal,  France,  Spain,  Ireland,  United  Kingdom  and  Greece  stated  that  they  had
not considered it necessary to adopt more stringent measures than those in the Directive.

As  regards  Belgium,  the  Flemish  Region  did  adopt  more  stringent  measures,  in
particular  through  Article  5.2.3.5.2  of  Vlarem  II  and  Article  4.2.5  of  the  Flemish
Regulation  concerning  waste  prevention  and  management  of  17  December  1997  called
VLAREA. The Walloon Region had already announced in the previous report that more
stringent measures were taken with regard to Article 4 on the prohibitions of discharges.
These measures render more specific and precise the obligations for the management of
waste oils.

The Netherlands has also taken more stringent measures in particular pertaining to the
incineration  of  waste  oils.  Indeed,  according  to  Dutch  legislation  waste  oil  may  not  be
incinerated in a waste incineration plant or centrifugal drum oven. Furthermore there are
limit  values  for  the  halon  and  PCB  content  of  waste  oils  used  as  fuel  or  in  the

60

manufacture of fuel. Indeed, these limit values apply to all fuels. As a result, some waste
oil cannot simply be processed into fuel.

Finland has taken more stringent  measures pertaining to the incineration  of waste  oils.
Indeed  it  is  forbidden  to  incinerate  waste  oils  in  a  boiler  or  other  plant  with  a  fuel
capacity effect of 5 megawatts or less.

Luxembourg does not really address a more stringent measure but rather the application
of  an  existing  obligation  of  the  Directive,  namely  Article  3  and  the  priority  to  the
regeneration of waste oils.

Austria,  Germany,  Sweden  stated  that  more  stringent  measures  had  been  adopted  but
no explanations of their nature were given.

3.

IMPLEMENTATION OF THE DIRECTIVE

3.1.

Waste oils management – Articles 2 and 3

Pursuant  to  Article  2  Member  States  shall  take  the  necessary  measures  to  ensure  that
waste  oils  are  managed  without  causing  any  avoidable  damage  to  man  and  the
environment. According to Article 3 first priority shall be given to regeneration, second
priority to combustion and last priority to safe destruction (treatment) and disposal. (As
regards constraints see question 2)

All  Member  States  replied  that  the  necessary  measures  had  been  taken  to  ensure  that
waste oils were collected and disposed of without causing any avoidable damage to they
environment.

Table  1  lists  the  amount  of  oil  put  on  the  market,  waste  oils  generated,  waste  oils
collected, waste oils incinerated and waste oils tipped as indicated by Member States.

Many  Member  States  have  not  replied  to  the  question  “waste  oil  generated”,  for  these
cases, the Commission has taken the average “conversion factor” of 50%124 to calculate
the amount of waste oil generated from the quantity of fresh oils put on the market. The
collection  rate  has  thus  been  calculated  as  the  amount  of  waste  oil  collected  over  the
amount of waste oil generated.

Processing  exclusively  the  data  provided  by  Member  States  (no  other  sources)  this
exercise reveals that for the year 2000, the collection rates are as follows: Austria 76%,
Belgium 59% (for the year 1999, as no figure provided for 2000), Denmark 89%, Finland
94%,  France  82%,  Germany  84%,  Greece  67%,  Ireland  90%,  Italy  58%,  Luxembourg

124

In literature in can be found that approximately 50% of the oils put on the market will become waste
oils  (the  rest  is  lost  during  the  use,  by  combustion  in  the  engines,  by  spillage  or  left  in  the
containers).  Nevertheless  not  all  applications  of  oils  would  yield  50%  of  waste  oils.  Some
applications  consume  completely  the  oil  while  others  yield  almost  100%  of  waste  oils  (hardly  no
quantity is lost during the  use).  Therefore  this  “conversion  factor”  from  oils  put  on  the  market  to
waste oils of 50% is an average for all oils uses. It has been found that not all Member States have
this conversion factor, as it depends on the practices in Member States, the average age of vehicles
(the older the vehicles the more oils they consume and burn and hence less quantity would become
waste oils).

61

                                                
99%, The Netherlands 92%, Portugal 91% Spain 87%, Sweden 89% and UK 81%. The
EU  average  collection  rate  is  83%,  which  means  that  around  20%  of  waste  oils  are
illegally dumped or illegally incinerated causing harm to the environment.

Figure  1  presents  the  quantities  marketed/generated/collected  per  1000  inhabitants.
Figure 2 provides an overview of the management of waste oils in the European Union.

(cid:1)  The general picture from year 2000 shows that, in average, approximately 66% of the
waste  oils  generated  were  combusted  and  24%  of  waste  oils  generated  were
regenerated.  Taken  together  these  figures  suggest  that  approximately  90%  of  waste
oils  generated  are  recovered,  either  by  regeneration  or  as  fuel125.  This  globally
maintains the picture from year 1997, as presented in the previous 1995-1997 report,
and does not suggest any significant improvement in the management of waste oils in
the EU.

3.2.

Constraints  regarding  the  regeneration  and  combustion  of  waste  oils  –
Article 3

According  to  Article  3  (1)  and  (2)  Member  States  shall  give  the  first  priority  to  the
regeneration  of  waste  oils  and  second  priority  to  the  combustion  of  waste  oils  under
environmentally  acceptable  conditions  where  technical,  economic  and  organisational
constraints  so  allow.  Where  the  constraints  do  not  allow  regeneration  or  combustion,
Member  States  shall  take  the  necessary  measures  to  ensure  the  safe  destruction  or
controlled storage of waste oils (Article 3 (3)).

As  regards  Belgium  the  Flemish  Region  and  the  Brussels  Region  did  not  have  any
constraints with regard to regeneration and combustion.

In  the  Walloon  Region  there  was  no  regeneration  capacity  as  regeneration  was  not
deemed financially viable compared to the production of base oils by the petrochemical
industry  and  as  the  low  quality  of  regenerated  oils  made  their  marketing  difficult.  In
order  to  comply  with  the  obligation  to  give  priority  to  regeneration  a  regeneration
installation was constructed, which will be able to regenerate two thirds of the waste oils
in  the  Walloon  Region.  Further,  a  take-back  obligation  for  producers,  importers  and
distributors  of  waste  oils  including  collection  and  recovery/regeneration  objectives  will
be introduced.  In order  to set  harmonised  objectives in  Belgium and  to  give  priority  to
regeneration  an  agreement  between  the  three  Regions  and  the  persons  responsible  for
putting oils on the market is being negotiated.

In Denmark before May 2001 there were no installations for regenerating waste oil. The
study project mentioned in the previous report showed that there was no economic base
for  it.  As  it  has  not  been  possible  to  regenerate  to  base  oil,  waste  oil  was  burnt  (after
refining)  at  district  heating  plants.  Until  July  2000,  subsidies  were  granted  to  private
collectors of waste oil in the form of compensation for energy and CO2 tax if waste oil
was passed on to district heating plants. Since 1 July 2000, waste oil collection has been
financed by the oil sector.

125

This average percentage is slightly higher than the average collection rate stated above and this is
probably due to the fact that in some cases waste oils generated are incinerated on site without being
collected.

62

                                                
Germany  replied  that  that  there  were  no  constraints  with  regard  to  regeneration  and
combustion of waste oils. Germany explained that priority is given to the regeneration of
waste  oils.  In  order  to  give  security  to  the  companies  that  regenerate  waste  oils  for
investments in modernising their installations, it is planned to subsidise the regeneration
of waste oils.

Spain replied that there were constraints to regeneration, as there are few installations for
the regeneration of waste oils. There are no constraints to the combustion of waste oils.

Greece  replied  that  there  were  no  constraints  to  regeneration  and  combustion.  Greece
explained  that  the  environmental  terms  approvals  referred  to  in  question  I.2  include
terms, which to a great extent protect human health and the environment. The preferred
option  is  for  waste  oils  to  be  collected  and  sent  for  regeneration.  Greece  has  many
approved  waste  oil  regeneration  plants.  The  competent  authorities  impose  terms  and
restrictions on the temporary storage of waste oils, in order to  protect  public health,  on
the  basis  of  Joint  Ministerial  Decision  98012/2001/96  (Gov.  Journal  40/B/96)  laying
down measures and terms for the management of waste oils, Joint Ministerial  Decision
69269/5387/90  on  the  compilation  of  environmental  impact  assessments  (EIA),  Joint
Ministerial  Decision  72751/3054/85  (Gov.  Journal  665/B/85)  on  toxic  and  hazardous
waste and the removal of PCBs and PCTs and Joint Ministerial Decision 19396/1546/97
(Gov. Journal 604/B/97) on the management of hazardous waste.

Ireland  stated  that  there  were  substantive  technical  and  economic  constraints  to  the
regeneration of waste oils and that there were no evident practicable steps which could be
expected to overcome these constraints. In 1998 a Strategy Study Report was prepared to
assist in the preparation of the National Hazardous Waste Management Plan. The report
concluded  that  it  was  not  viable  to  build  a  new  regeneration  facility  as  the  feedstock
threshold would be higher than the total usage of lubricating oils in Ireland. Instead the
report favoured the expansion of existing processing facilities to deal with higher waste
oils inputs and deliver an improved environmental performance. Therefore no measures
are  proposed  for  the  promotion  of  regeneration  of  waste  oils  in  preference  to  its
reprocessing for use as fuel.

In the Netherlands Government policy in the early 1980s was directed towards processing
waste oil in a central processing unit in order to regenerate base oil. This treatment was
never  actually  implemented  because  of  commercial  restrictions.  In  1986  a  plan  was
made, together with the producers of lubricating oil, to construct a central processing unit
for waste oils with the (main) aim of producing high-grade fuels (marine diesel oil). An
undertaking  was  given  a  permit  to  that  end.  Although  a  Government  subsidy  was
approved, the plant was never built.

Some waste oil is now exported for regeneration into base oil. This market is hampered
by the fact that collectors of waste oil turn to (cheaper) markets abroad where waste oil is
used  primarily  as  fuel.  In  1998  the  maximum  permissible  concentration  of  organic
halogens in oil used as fuel or as a raw material for the manufacture of fuel was reduced
from  500 mg/kg  to  50 mg/kg.  As  a  result,  waste  oil  can  no  longer  be  used  for  the
production of fuel.

Where waste  oil  is  processed  in  the  Netherlands,  this  takes  the  form  of  separation  in  a
centrifuge followed by combustion, with the main use being as fuel. The remaining waste

63

oil  is  exported  for  useful  applications,  whether  this  be  regeneration  or  the  main  use  as
fuel.

Portugal explained that there were several  constraints  to the setting  up of  regeneration
units  on  Portuguese  territory.  The  quantity  of  waste  oils  collected,  especially  of  high-
quality oils, is below the normal break-even point of 60 000 to 80 000 tonnes calculated
in the study entitled "Economics of waste oils regeneration" by Coopers & Lybrand, The
Hague, dated 29 January 1997. Furthermore, Regulation (EEC) No 259/93 of 1 February
1993 makes it impossible to prohibit exportation of waste oils for energy recovery; this is
a disincentive for potential investors in  regeneration units  on Portuguese  territory  since
they  have  no  guarantee  that  the  waste  oils  collected  will  be  channelled  to  their  units.
Another constraint is that the base oils market is close to saturation point, which likewise
does not encourage regeneration.

In  Portugal  there  are  no  constraints  with  regard  to  the  combustion  of  waste  oils.
However, in Portugal pre-treatment of waste oils is mandatory before they can be sent for
incineration.  This  treatment  takes  the  following  form:  the  waste  oil  is  filtered  and
dehydrated,  the  metals  are  removed  and  the  oil  is  centrifuged.  Installations  performing
these operations must first obtain the industrial permit provided  for  by  Decree-Law  No
282/93 of 17 August 1993.

Finland  referred  to  its  reply  of  1  June  2001  to  the  letter  of  formal  notice  of  the
Commission  concerning  the  application  of  Article  3.  According  to  this  letter  there  are
economic and organisational constraints to giving priority to the processing of waste oils
by regeneration. These are due to the small amount of waste oils produced, the low price
of regenerated oils and the low demand for regenerated oils.

Sweden replied that it did not regenerate waste oils.

In  the  United  Kingdom  limited  processing  of  waste  oils  took  place  until  2000.  It
required high levels of investment. The main competition for source waste oil came from
firms  that  recover  energy  from  waste  oils.  Additionally,  competition  between  oil
companies  and  the  falling  price  of  virgin  oil  have  combined  to  affect  the  viability  of
regenerating waste oil. There are no constraints with regard to the combustion of waste
oils.  All  collected  waste  oils  are  processed  by  combustion  under  EO  compatible
conditions.

France,  Italy,  Luxembourg  and  Austria  replied  that  there  were  no  constraints  with
regard to regeneration and combustion of waste oils, without giving further explanations.

(cid:1)  Many Member States have still not transposed into national legislation the priority of
regenerating  waste  oils.  In  the  course  of  the  ongoing  infringement  procedures  some
Member States have transposed this obligation.

(cid:1)  Those  Member  States  who  replied  that  there  were  constraints  to  regeneration
attributed  these  mainly  to  economic  aspects  such  as  the  low  amount  of  waste  oils
produced,  the  possibility  of  low  cost  combustion  in  other  Member  States  and  the
saturation  of  the  base  oils  market.  One  Member  State  indicated  that  there  were
constraints as regards the combustion of waste oils due to the setting of pollutant limit
values.

64

3.3.

Public information and promotional campaigns – Article 5

According  to  Article  5(1)  Member  States  shall  carry  out  public  information  and
promotional campaigns to ensure that waste oils are stored appropriately and collected
as far as possible

As far  as  Belgium is concerned, the  Walloon  Region  stated  it  had  not  carried  out  any
specific campaign as regards waste oil in order to make the public sensitive. Awareness
had  been  raised  by  more  general  campaigns  directed  towards  the  general  public  and
giving  information  about  which  dispositions  to  be  taken,  especially  concerning
household  waste  with  a  view  to  protect  the  environment.  The  campaigns  have  been
carried  out  during  "green  weeks"  (general  advice  and  information  about  the  general
handling  of  household  waste),  by  various  publicity  spots,  publication  and  signs  and
information  established  by  the  local  authorities  towards  their  citizens.  The  Flemish
Region has not carried out any informational or promotional campaign.

Austria has produced announcements, lectures, press statements, information leaflets.

Germany stated that public awareness had been raised in particular through Sections 38
and 39 of the Closed Substance Cycle Waste Management Act (Kreislaufwirtschafts- und
Abfallgesetz)  of  27  September  1994.  These  provisions  require  the  statutory  bodies
responsible  for  waste  management  and  private-sector  organisations 
to  provide
information  and  advice  on  the  possibilities  for  avoiding,  recovering  and  disposing  of
waste.  The  competent  authorities  in  each  Land  inform  the  public  of  progress  in  waste
avoidance  and  recovery  and  of  the  arrangements  for  waste  disposal.  Furthermore,  the
environmental  authorities  of  each  Land  and  district  inform  the  public  through  press
releases  and  the  regular  distribution  of  information  leaflets  about  the  environmentally
sound  disposal  of  waste  oil,  the  obligation  for  sellers  to  take  back  used  engine  oil  and
gearbox oil, and waste oil collection points.

Denmark indicated that no such campaigns had been carried out.

Spain indicated that public awareness campaigns had been carried out at national level,
through TV,  radio and press campaigns.  At regional level, campaigns of  the  same  type
had  been  undertaken,  supplemented  by  publications  and  distribution  of  brochures  and
other  documents.  Targeted  campaigns  were  also  organised  with  the  sectors  concerned
and the relevant industrial associations.

Finland already indicated in the previous report that some public awareness campaigns
had  been  undertaken  in  collaboration  with  Ekokem  Oy  Ab  (national  hazardous  waste
treatment facility).

France stated that the ADEME (the French Environment Protection Agency) carried out
permanent actions to inform waste collectors and professionals in the automobile sector.
A  toll  free  number  has  been  set  up  to  reply  to  information  request  from  the  citizens  “
numéro  vert  (0800  38  39  40)”,  in  particular  to  provide  information  on  the  collection
points  for  waste  oils.  The  web  site  of  ADEME  www.ademe.fr    includes  a  section  of
information on waste oils. 30.000 units of a brochure on hazardous household waste were
published  in  2000.  Upon  the  request  of  professional  waste  oil  collectors  the  ADEME
undertook a communication campaign which started in 2001 and is due to finish in 2003.
The aim of this campaign was to improve the collection of waste and the quality of the

65

waste  oils  collected.  The  campaign  targeted  the  general  public,  the  professional  of  the
automobile repair sector, the construction sector. The campaign was custom made for the
different targeted groups. For households, a “serveur vocal interactif”, was set up which
would  provide  information  on  the  different  collection  points.  For  retailers  and  gas
stations and waste collection facilities, panels were distributed to indicate the collection
containers  for  waste  oils.  For  garages,  awareness  was  raise  through  specialised
magazines and training.

Greece, as already stated in the previous report of 1995-1997, indicates that the technical
specifications  for  the  management  of  waste  oils,  and  also  public  information  and
awareness  programmes  concerning  the  correct  method  of  management,  are  currently
being drawn up.

Ireland indicated  that  a Green Garage Guide was  produced  by  the  Society  of  the  Irish
Motor  Industry  in  October  1999,  but  no  action  undertaken  by  the  authorities  was
mentioned.

Italy  submitted  a  summary  of  communication  activities  carried  out  by 
the
Consorzio  Obbligatorio  degli  Oli  Usati  (mandatory  consortium  for  waste  oils)  in  the
period  1998-2000.  These  activities  included  a  systematic  and  detailed  environmental
education campaign - among other things - with the patronage of  the Ministries for the
Environment and for Public Education. The project, called "CircOLIamo Scuola", aimed
at the world of education, namely students, teachers and families. The Consorzio's work
in  2000  was  characterised  by  the  progressive  extension  of  the  target  audience  from
schools  to  the  more  general  target  of  young  people.  Indeed,  for  about  six  months,  in
agreement  also  with  the  Ministry  for  Public  Works  and  the  National  Agency  for
Environmental  Protection,  a  travelling  educational  campaign,  "CircOLIamo  Giovani"
circulated among discotheques and schools to spread the values of the environment and
road  safety.  Furthermore  a  targeted  method  was  used,  namely  the  instrument  of
telepromotions, which were inserted in specially selected television programmes in order
to reach the  targets  identified,  namely  families,  motor  enthusiasts,  sports  enthusiasts  or
the very young. The success of this initiative was gauged through the extraordinary rise
in telephone calls made to the Consorzio's "green number". During the year 2000, finally,
the Consorzio gradually stepped up its activities of awareness-raising in the strategic "do-
it-yourself"  sector,  both  by  radio  campaigns  aimed  at  drivers  and  through  initiatives
targeted at critical sectors, including the sailing sector in particular.

Luxembourg already stated that various operations have been set in motion as part of the
“Superdreckskäscht”  campaign  initiated  by  the  Ministry  of  the  Environment:  publicity
spots and campaigns on the radio, in newspapers and the cinema along with participation
in trade fairs. The campaign for citizen is called “Superdreckskäscht fir Biirger” and for
the commercial sector “Superdreckskäscht fir Betriiber”.

Portugal indicated the national information and public awareness campaign on the use of
waste oils was based on a brochure entitled "Waste oils - collection and reuse" published
in  1988  by  the  Directorate-General  for  Energy  and  the  Directorate-General  for
Environmental  Quality  (the  Waste  Institute  took  over  the  responsibilities  of  the
Directorate-General  for  Environmental  Quality  for  waste  following  publication  of
Decree-Law  No  236/97  of  3  September  1997).  The  information  in  this  brochure  was
updated  in  1992.  The  information  and  public  awareness  campaign  started  with  a  pilot
project in the Alentejo region and was subsequently extended to the entire country, using

66

the following teaching aids: a brochure entitled "Waste oils - collection and reuse", a film
entitled  "Don't  throw  away  your  waste  oils",  a  poster  stating  "Don't  throw  away  your
waste oils". In addition to the above mentioned activities, training and awareness-raising
schemes have been organised, notably in the form of a helpdesk (via telephone, e-mail or
post)  to  clarify  questions  from  various  sectors  of  society  (industry,  students,  private
individuals)  on  the  widest  variety  of  issues  relating  to  waste,  including  the  waste  oils
stream;  participation  in  the  many  activities  organised  in  Portugal  on  waste  (training
courses,  seminars,  conferences  and  other  events);  participation,  in  response  to  requests
from the widest variety of media, to raise awareness of waste issues and, in particular, of
waste oils, amongst the general public.

Sweden  carried  out  initiatives  to  improve  the  collection  of  hazardous  waste  in  various
municipalities and a national campaign was conducted in May 2000 to collect hazardous
waste from households, waste oil, car batteries, paint residues, etc.

United  Kingdom  described  the  Oil  Care  Campaign,  which  is  part  of  an  initiative  to
reduce  oil  pollution.  The  campaign  aims  to  raise  awareness  of  the  problems  of  oil
pollution and how it can be prevented through careful handling and storage, and through
increased recovery and recycling. The campaign promotes the following initiatives. The
Oil  Bank  Helpline  (toll  free)  assists  the  public  to  find  the  location  of  their  nearest  oil
recycling bank. The line is currently offering advice to about 150 callers each month and
is  advertised  through  leaflets,  by  advertisements  in  car  maintenance  manuals  for
domestic use, and on the majority of cans of oil. The Emergency Hotline (toll free), helps
the public to report pollution incidents. The Oil Care Code is a simple guide for domestic
and commercial users to prevent oil pollution.

(cid:1)  Most  Member  States,  except  Denmark,  Greece  and  Belgium  (Flemish  Region)  have

carried out public information and promotional campaigns.

3.4.

Details on undertakings collecting waste oils

In  Question  4,  Member  States  were  asked  to  submit  details  on  undertakings  collecting
waste oils.

The Netherlands replied that the collection of waste oil in quantities/packaging of more
than 200 litres requires a permit from the Minister. Six permits have been issued for the
collection of “large quantities” using vacuum trucks. Permit holders are monitored by the
national government. A further 22 collectors of small quantities of hazardous waste have
also obtained permits for the collection of waste oil in packaging of less than 200 litres.

Denmark  claimed  that  waste  oil  is  collected  through  registered  private  companies  or
under  municipal  collection  schemes  and  that  they  did  not  have  information  on  the
number of registered private collectors.

Finland  replied  that  all  undertakings  which  collect  wastes  and  hazardous  wastes  on
commercial  basis  shall  be  registered  to  the  waste  data  register,  in  accordance  with
Section 49 of  the Waste  Act (1072/1993)  and Sections 13  and  14  of  the  Waste  Decree
(1390/1993).  The  figures  presented  in  the  table  are  estimated  on  the  basis  of  the
information included in the waste data register by the regional environment centres.

67

Greece indicated that there were no authorised waste oil collection companies in Greece.
The  oil  is  collected  by  sole  proprietorships,  which  have  been  granted  permits  for  that
purpose by the competent authorities of the prefectures.

Table 2 summarises the replies from Member States.

(cid:1)  The structure of waste oil management as regards the level and number of competent
authorities  responsible  for  issuing  permits  as  well  as  the  number  of  undertakings
varies widely between Member States.

3.5.

Allocation of waste oils to any of the types of processing – Article 5(3)

According to Article 5 (3) Member States may decide to allocate the waste oils to any of
the types of processing (regeneration and combustion).

Austria, Belgium, Denmark, Italy, Portugal, Sweden, UK replied that waste oils had
not been allocated to any particular processing pursuant to Article 5.

Finland has already stated in its previous 1995-1997 report that in addition to the Finnish
Council of State Decision 101/1997 (setting down the hierarchy of regeneration, energy
recovery and safe disposal for waste oils), the Ekokem Oy Ab (national hazardous waste
treatment  facility) recommends  that  waste  oils should be  allocated  into  a)  black  engine
oils, b) lubricating oils like hydraulic oils and gear oils, which do not contain PCBs,  c)
lubricating  oils  containing  water,  d)  vegetable  oils  and  e)  other  oils  wastes  e.g.  PCB
containing oils, fuel wastes and bilge oils. For waste oils listed in a) to d) first priority is
given  to  regeneration  and  second  to  energy  recovery.  Waste  oils  listed  in  e)  should  be
disposed  of  safely.  In  practice,  business  establishments  send  once  a  year  annual
summaries  of  bookkeeping  to  the  supervising  authority.  The  obligation  to  do  so  is
normally  based  in  the  permits.  Inspections  of  the  waste  oil  management  facilities  are
planned at least once every three years.

France stated that  any allocation of waste oils was in compliance with Article 3 of the
Directive, whether it concerns regeneration or combustion.

Germany recalled that waste oils had not been allocated to any recovery option pursuant
to  Article  5.  However,  the  existing  legislative  provision  (Waste  Oils  Regulation)  is
currently being amended to make the priority given in Germany to processing waste oil
to  regenerate  base  oil  and  process-related  co-products  compulsory.  The  monitoring  of
processing  plants  in  accordance  with  the  Federal  Immission  Protection  Act  (Bundes-
Immissionsschutzgesetz) and the provisions adopted for its implementation ensures that
the  processing  does  not  cause  any  avoidable  harmful  effects  for  man  and  the
environment.

Greece explained that the treatment / regeneration of waste oils in Greece is carried out
mainly by the sulphuric acid method, mostly at small, old, plants. There is also one large
plant  at  which  regeneration  is  carried  out  by  the  catalytic  hydrogenation  method.  In
addition, waste oils are treated following options other than regeneration. The waste oil
regeneration plants must have been granted a permit specifically for the purpose by the
competent services (of the Ministry for the Environment, Regional Planning and Public
Works  /  Ministry  of  Development).  The  permits  provide  for  regular  and  impromptu
checks  at  the  plants  to  verify  compliance  with  the  terms  laid  down.  The  checks  are

68

carried out by the competent local (prefectural) authorities and by the ministries, which
share competence.

Luxembourg  replied  that  the  different  provisions  had  been  established  by  waste
legislation  adopted  in  1994,  which  also  applies  to  waste  oils.  Waste  recovery  is  given
precedence over waste disposal. Material recovery is given precedence over energy recovery.
As Luxembourg does not have any regeneration plant, nor an energy recovery plant for
waste  oils,  all  waste  oils  are  exported.  Their  destination  is  controlled  through  the
notification mechanisms of Regulation 259/93 on the shipments of waste.

Spain indicated that waste oils have been allocated to regeneration, recycling and energy
recovery.  The  checks  are  laid  down  in  the  Order  of  28  February  1989  governing  the
management of waste oils and the Order of 13 June 1990 amending it.

Ireland and the Netherlands did not provide any details on this question.

(cid:1)  Most Member States have not allocated the treatment of waste oils to regeneration or
combustion,  but  some  Member  States  have  general  provisions  giving  preference  to
recycling or regeneration.

3.6.

Details  on  undertakings  which  handle  (in  the  questionnaire:  “dispose  of”)
waste oils

According  to  Article  6  undertakings  which  handle  (regenerate,  burn,  dispose  of)  waste
oils must obtain a permit. In question 6 Member States were asked to submit details on
undertakings, which handle waste oils only, and those, which handle waste oils and other
wastes.

The information is contained in Tables 3.1 and 3.2.

Member States  were  also  asked  to  indicate  how  the  competent  authority  satisfied  itself
that all appropriate environmental and health protection measures have been taken.

Austria replied that this was ensured by means of licensing pursuant to various laws, and
repeated inspections under the Waste Management Act (Abfallwirtschaftsgesetz) and the
Trade, Commerce and Industry Regulation Act (Gewerbeordnung).

Belgium,  as  concerns  the  Flemish  Region,  informed  that  this  is  ensured  through  the
application  for  an  environmental  permit.  The  competent  authority  is  able  to  check
whether all appropriate measures have been taken to protect health and environment.  If
necessary,  inspections  are  carried  out  on  the  spot,  as  well  as  the  imposition  of
environmental  conditions  in  the  permit  from  Vlarem  II.  Furthermore  environmental
inspections  are  carried  out  by  the  department  of  the  Environment,  Nature-,  Land-  and
Water Management Division (AMINAL).

Denmark just pointed out that this is guaranteed through conditions for and verification
of compliance.

Finland replied that undertakings which regenerate waste oils or use them as fuel shall
have an environmental permit for their operation in accordance with the Environmental
Protection Act (86/2000) and Decree (169/2000). The principles of permit consideration
and preconditions for granting a permit as well as requirements for necessary regulations

69

to be included in the permits are laid down in Chapter 7 of the Environmental Protection
Act. These include, inter alia, the requirement that the permit regulations concerning the
prevention  and limitation of emissions  shall  be  based  on  the  best  available  technology.
The above-mentioned legislation entered into force on 1 March 2000.

France replied as a general comments to the Tables that at the end of 2000, the number
of undertakings authorised to treat waste oils in the continental territory was 36, of which
29  use the waste  oils  as  fuel  in  cement kilns,  etc,  one  proceeds  to  regenerate  the  black
waste  oils  and  six  regenerate  clear  waste  oils.  Furthermore  the  companies  storing  or
treating  waste  oils  are  subject  to  an  authorisation  and  a  certification  by  different
competent  authorities.  A  regulatory  framework  ensures  the  compliance  of  these
installations  with  their obligations.  Moreover  periodic  inspections  are  carried  out.  If  an
undertaking  is  found  to  be  on  breach  of  the  conditions  of  its  permits,  the  later  can  be
repealed.

Germany  indicated  that  plants  in  which  waste  oil  is  regenerated  or  used  as  fuel  are
subject to a licensing procedure pursuant to §10, in conjunction with §5, of the Federal
Immission  Protection  Act  (Bundes-Immissionsschutzgesetz  -  BImschG).  The  licensing
procedure includes an examination, based on the state of the art, of the measures taken to
avoid  harmful  effects  on  man,  animals,  plants,  soil,  water,  air,  and  cultural  and  other
objects.  The  existence  of  plans  to  prevent,  recover  and  dispose  of  waste  are  also
examined. When operational  the  plant  must  comply  with the limit  values set  out in the
Technical  Guidelines  for  the  Prevention  of  Air  Pollution  (Technische  Anleitung  zur
Reinhaltung  der  Luft)  or  the  17th  Ordinance  for  the  implementation  of  the  Federal
Immission  Protection  Act  (17.  BImSchV).  There  is  constant  monitoring  by  the
environmental authorities of the Land.

Greece  indicated  that  waste  oil  regeneration  plants  must  have  been  granted  a  permit
specifically  for  the  purpose  by  the  competent  services  (of  the  Ministry  for  the
Environment,  Regional  Planning  and  Public  Works  /  Ministry  of  Development).  The
permits provide for regular and impromptu checks at the plants to verify compliance with
the  terms  laid  down.  The  checks  are  carried  out  by  the  competent  local  (prefectoral)
authorities.

Italy  pointed  out  that  this  was  ensured  by  Ministerial  Decree  392/96  and  Ministerial
Decree 124/2000.

Luxembourg replied that the Waste Law of 1994, the Regulation of 30 November 1989
pertaining  to  waste  oils  and  the  Law  of  10  June  1999  establish  the  obligation  for  any
installation  managing  waste  oils  to  have  a  permit.  All  technical  and  organisational
requirements are set in the context of these permits.

Portugal  informed  that  the  appropriate  controls  have  been  introduced,  in  particular  a
licensing system for various activities, mainly for combustion, under Order 240/92 of 25
March 1992. Furthermore, waste oil transport, disposal and recovery operations may not
be carried out without a permit from the Waste Institute (Article 4(2) of Decree-Law No
88/91).  Some  record  keeping  obligation  have  been  introduced,  as  well  as  regular
inspections by staff from the Ministry for the Environment and Regional Planning among
other  licensing  bodies  and  police  authorities.  In  addition  under  Articles  4  and  5  on  the

70

general obligation concerning safety and risk prevention, an industrial licence is required
for pre-treatment of waste oils for combustion.

Spain conveyed that as the competent authority, the regional authorities (NUTS level 2)
take the measures laid down in Article 8 of the Order of 28 February 1989 governing the
management of waste oils, as notified to the Commission.

Sweden replied that location and conditions relating to requisite precautionary measures
are  decided  in  the  permit  dossiers.  Self-regulation,  reporting  obligation,  environmental
reports  and  inspection  by  the  authorities  are  intended  to  ensure  that  the  activities  are
conducted with due regard to health and the environment.

The United Kingdom explained that all plants for combustion of waste oil are prescribed
under Part I of the Environment Protection Act 1990 and can only be carried out after an
application for authorisation has been made and determined. All authorities must contain
conditions to secure and appropriate level of control. For the larger combustion processes
this is by specification of the  reclaimed fuel oil,  typical values attached as  annex  A.  In
Northern Ireland the appropriate legislation is the Industrial Pollution and Control Order
(NI) 1997.

Ireland indicated that undertakings in question are subject to waste licensing by the EPA
under  Part  V  of  the  Waste  management  Act,  1996.  There  is  a  stringent  licensing
procedure  in  accordance  with  section  40  of  the  1996  Act  and  the  Waste  Management
Regulations,  197  as  amended  in  1998  and  replaced  by  the  Waste  management
Regulations 2000.

(cid:1)  As for the undertakings collecting waste oils, the structure of waste oil management as
regards  the  level  and  number  of  competent  authorities  as  well  as  the  number  of
undertakings  varies  widely  among  Member  States.  All  Member  States,  except
Denmark,  reported  that  they  have  established  permitting  systems  for  installations
managing waste oils.

3.7.

Limit values set for combustion – Article 8

According  to  Article  8  (1)  Member  States  shall  ensure  that  the  emission  values  for
combustion plants with a thermal input of more than 3 MW (Annex) are being observed.
Member  States  may  at  any  time  set  more  stringent  limit  values  or  set  limit  values  for
other substances and parameters.

Table 4.1 presents the emission limit values on various substances set by each Member
State.126

126

It  is  worth  noting  that  the  emission  limit  values  of  the  Annex  to  Directive  75/439/EEC  for  the
incineration  of  waste  oils  will  be  repealed  by  Directive  2000/76/EC  on  the  incineration  of  waste.
When the latter enters into force (2003 for new installations and 2005 for existing installations) it
will regulate the incineration and co-incineration of waste oils too. In practice this will mean that the
emission limit values for the incineration of waste oils will be much more stringent. This will limit
the  use  of  waste  oils  as  fuel  to  fewer  installations  that  can  comply  with  the  requirements  and
operating conditions laid down in Directive 2000/76/EC.

71

                                                
Belgium, as regards the Flemish Region submitted limit values for installations with a
thermal  capacity  between  2  and  3  MW  and  other  limit  values  for  installations  with  a
thermal capacity of less than 2 MW. For installations with a thermal capacity of less than
2 MW the limit value is the sum of the pollutants Cd, Ni, Cr, Cu, V, Pb 10 mg/Nm3.

France stated that emission limit values for the incineration or co-incineration of waste
oils were established  in  a  Decree  of  1996,  which  transposes Directive 94/67/EC on  the
incineration of hazardous waste. Furthermore, the PCB and chlorine content are checked
in every waste oil load to ensure that it does not exceed 50 ppm and 0.6% respectively.

Greece  pointed  out  that  the  information  available  to  the  Ministry  for  the  Environment
shows that there are no waste oil combustion plants in Greece with a thermal input of less
than 3 MW.

Germany explained that the limit values given in reply to question 7(a) are laid down in
the  17th  Ordinance  for  the  implementation  of  the  Federal  Immission  Protection  Act
(Ordinance  on  Incineration  Plants  for  Waste  and  Similar  Combustible  Substances  -
Verordnung  über  Verbrennungsanlage  für  Abfälle  und  ähnliche  brennbare  Stoffe  -  17.
BImSchV)  .  These limit values  also  apply to  plants with a thermal input of less than  3
MW (Article 8(1)(b)).

Sweden replied that the limit values of the Directive  are  incorporated  in the Waste  Oil
Regulation. The permit decisions often refer to these limit values as being the applicable
limits.  The  authorities  have  the  option  of  setting  both  more  stringent  limit  values  and
additional parameters where necessary in individual cases.

Denmark, Luxembourg, Portugal, Spain, Sweden, UK did not give further comments
on this question other than the tables.

Ireland did not reply to this question.

(cid:1)  Belgium, Denmark, Finland, Germany, Greece, Italy, Portugal, Spain, Sweden and the
UK have reported their limit values and they are all in range with or below the limit
values  set  in  the  Council  Directive.  Austria,  Belgium,  Denmark,  Germany,  Portugal
and  Finland  also  set  limit  values  for  combustion  plants  with  a  thermal  input  of  less
than 3 MW.

3.8.

Quantity limits for keeping records on waste oils – Article 11

According  to  Article  11  each  Member  State  has  to  specify  the  quantity  of  waste  oils
(which  must  be  below  500  litres  per  year)  which  oblige  any  establishment  (producing,
collecting  and/or  disposing  of  waste  oil)  to  keep  records.  These  records  have  to  be
conveyed on request to the competent authorities.

Austria,  Belgium  (Flemish  Region),  Denmark,  Finland,  France,  Sweden  seem  to
convey  that  there  is  no  minimal  quantity  established,  thus  the  triggering  amount  is  0
litres, which means that for ANY quantity produced, collected or treated, records have to
be kept.

Germany  has  set  a  limit  of  100  litres  above  which  the  record  keeping  obligations  are
triggered.

72

Greece has not replied to the question.

Ireland informs that a limit of quantity of 500 litres has been established for producers
of waste oils; however for collectors and undertaking s treating waste oils that quantity is
to be established by the permitting authority and was not available to them.

Luxembourg refers to the previous report, according to which a minimum quantity is set
in the hazardous waste legislation (no details provided).

Spain has established a threshold of 500 litres for producers of waste oils and no limit for
collectors and undertakings treating waste oils.

Italy, Portugal and the United Kingdom did not reply to this question.

(cid:1)  In  many  reporting  Member  States  it  appears  that  records  have  to  be  kept  for  any
quantity produced, collected or treated. Other Member States apply the thresholds set
out in the Directive or lower ones.

3.9.

Indemnities  for  undertakings  which  collect  and  dispose  of  waste  oils  –
Article 14

According to Article 14 as a reciprocal concession for the obligation imposed on them by
Member  States,  indemnities  may  be  granted  to  collection  and/or  disposal  undertakings
for the service rendered.

Finland reported that indemnities may be granted to collection or disposal undertakings.
They are estimated at about 1,5-2,5 million euros per year and are paid on account of real
costs,  excluding  e.g.  sales  revenues  of  pretreated  oil.  Due  to  high  oil  price  and
exceptionally  high  sales  revenues  of  pretreated  oil,  the  indemnities  paid  in  2000  were
only  0,9  million  euros.  Pursuant  to  the  Waste  Oil  Charge  Act  894/1986  producers  and
importers of lubricating oils are obliged to pay the waste oil charge. The waste oil charge
shall  also  be  paid on  transformer and  circuit  breaker oils,  cutting,  cleansing  and  mould
release oils and hydraulic oils. Funds accruing from the waste oil charge may be used for
covering  expenses  arising  from  waste  oil  and  its  collection,  transport,  storage  and
treatment.  They  may  also  be  used  to  cover  the  expense  of  on-land  oil  pollution  and
combating  thereof.  Detailed  provisions  on  the  use  of  funds  are  laid  down  in  the
Government  Decision  1191/1997.  The  indemnities  are  granted  by  the  Ministry  of  the
Environment.

France allows for indemnities to collection undertakings. It specified that, in accordance
with  the  "polluter  pays"  principle,  the  manufacturers,  importers,  etc.  of  oils  were
subjected,  from  1979  to  1998  included,  to  special  charges.  Since  1  January  1999,
manufacturers, importers, etc. of lubricants, oils and lubricating preparations, whose use
generates  waste  oils,  have  been  subjected  to  the  general  tax  on  the  polluting  activities.
ADEME127 receives funding, which enables it in particular  to  remunerate  the  approved
collectors  for  black  oils.  This  is  done  on  the  basis  of  regular  economic  audits  of  the
activity of the companies collecting and treating waste oils. The average indemnities per

127

Agence de l'Environnement et de la Maitrise de l'Energie

73

                                                
ton  of  waste  oil  collected  were  as  follows  (including  taxes):  1998  :  475,66  FF;  1999  :
538,45 FF; 2000 : 508,67 FF.

In Greece the development law provide for incentives, but  collection and  recycling  are
regulated  by  the  market  and  there  is  no  need  for  indemnities.  Indemnities  are  granted
only in cases that fall within the scope of the law relating to incentives.

Spain  reported  that  indemnities  of  up  to  7  pesetas  per  litre  are  granted  for  collection,
transportation,  storage,  analysis  and/or  pretreatment.  This  is  funded  from  the  general
state budget by means of an annual call for proposals. This call for proposals covers all
management  activities.  The  orders  on  the  management  of  waste  oils  earmarked  the
following amounts: 1000 million pesetas in 1998, 1300 million pesetas in 1999 and 1430
million pesetas in 2000. Indemnities of up to 15 pesetas per litre are granted for disposal
undertakings.

The other Member States indicated that no indemnities are granted to undertakings that
collect or dispose of waste oils.

Germany  specified  that  no  subsidies  have  been  paid  up  to  now  to  undertakings  which
dispose  of  waste  oil.  At  the  same  time  as  amending  the  Waste  Oils  Regulation  it  is
intended to adopt Support Guidelines providing for the payment during the period up to
2007 of subsidies to undertakings which regenerate base oil from waste oil covering their
losses in the previous year, with a limit of DM 50 per tonne of regenerated waste oil. The
support  would  be  digressive  according  to  the  quantities  of  oil  regenerated  in  a  given
plant. The full amount of DM 50 would be paid for a maximum of 3 000 tonnes per plant
in  2001,  and  in  subsequent  years  this  amount  would  be  reduced  by  DM  5  each  year.
Germany also indicated that the Support Guidelines were notified to the Commission and
approved by the Commission as State aid.

The Netherlands replied that no indemnities were granted, but that a maximum charge
for the collection of waste oil is set on a monthly basis. This maximum price is calculated
on the basis of the processing costs and the revenue generated by the resulting products.
The  maximum  price  applies  to  collection  and  processing.  Separation  of  the  prices  for
collection  and  processing  is  not  possible,  as  the  collectors  also  perform  part  of  the
processing.

(cid:1)  Indemnities, in one form or another, apply in only 3 Member States (Finland, France,

Spain). Some financial incentives may also be granted in Greece.

74

Annex II

75

Council Directive 75/439 on waste oils

1998-2000

Tonne/year

Year
Total oil marketed/sold
where available
Total waste oils generated,
of which:
Quantity collected
Quantity regenerated
Quantity combusted
Quantity tipped (including
permanent storage)
Comment

Austria

1999
97,300

1998
100,500

Belgium

Denmark

2000
103,100

1998
110,223

1999
120,870

2000
107,116

1998
72,530

1999
68,835

2000
64,276

1998
94,000

Finland

1999
92,000

2000
89,000

43,975

44,100

43,000

56,912

35,523

37,700
154
40,300
0

37,700
66
39,000
0

32,600
308
39,600
0

56,912
500
56,886
0

1)

2)

35,523
500
35,523
0

3)

n.a.

n.a.
n.a.
n.a.
n.a.

0

0

0

47,000

46,000

44,500

0
0
21,703
0

34646
0
15,307
0

4)

28689
0
17,344
0

41,800
2,600
39,200
0

37,900
3,200
34,700
0

41,700
2,900
38,800
0

Table 1. Treatment and handling of oil (tonne/year), (Questionnaire, Paragraph II, Question 1 c), continues.

The table presents a picture of the yearly amount of waste oils generated and of the amounts collected. Furthermore, the table shows how much of the collected amount
of waste oils is respectively regenerated, combusted and tipped.

Notes:

1) 
2) 
3) 
4) 

556.5 t were exported for thermal recovery.
For thermal recovery: 724.9 t exported.
The quantities given are extrapolated values based on the data reported annually by Flemish firms to OVAM. Quantity regenerated is an estimate
No information on total and collected quantities of waste oils

76

Council Directive 75/439 on waste oils

1998-2000

Tonne/year

Year
Total oil marketed/sold
where available
Total waste oils generated,
of which:
Quantity collected

France

Germany

1998
732,655

1999
717,920

2000
711,000

1998
1,146,800

1999
1,159,900

2000
1,122,300

1998
75,590

Greece

1999
70,006

2000
78,865

1998
31,102

Ireland

1999
32,408

2000
35,317

383,000

367,500

361,500

0

0

0

60,000

60,000

60,000

15,551

16,204

17,658

305,000

302,000

295,000

482,000

473,000

471,000

39,578

37,872

40,428

15,017

11,485

15,925

Quantity regenerated

100,110

93,705

91,386

279,000

260,000

280,000

13,105

12,8901

14,479

0

0

0

Quantity combusted

201,933

208,416

195,071

203,000

213,000

191,000

15,890

15,309

17,372

12,829

11,331

13,717

Quantity tipped (including
permanent storage)
Comment

302,043

302,121

286,457

5)

0

6)

0

7)

0

8)

0

9)

0

10)

0

11)

0

0

12)

0

Table 1 (continued). Treatment and handling of oil (tonne/year), (Questionnaire, Paragraph II, Question 1 c) , continues.

The table presents a picture of the yearly amount of waste oils generated and of the amounts collected. Furthermore, the table shows how much of the collected amount
of waste oils is respectively regenerated, combusted and tipped.

Notes:
(1) 
(2) 
(3) 
(4) 
(5) 
(6) 
(7) 
(8) 

The quantity marketed is an estimate
No statistics were collected on the total quantity of waste oil produced. A total of 806 200 tonnes was theoretically collectable.
No statistics were collected on the total quantity of waste oil produced. A total of 754 800 tonnes was theoretically collectable.
The quantities of waste oil were estimated on the basis of statistics on sales of lubricant and products of waste oil recovery.
Quantity re-used after purification without regeneration: 8451. Quantity disposed of without control: 2132
Quantity re-used after purification without regeneration: 7367. Quantity disposed of without control: 2306
Quantity re-used after purification without regeneration: 6072. Quantity disposed of without control: 2235
Estimated total waste oils generated is equal to 50% of quantity marketed

77

Council Directive 75/439 on waste oils

1998-2000

Tonne/year

Year
Total oil marketed/sold
where available
Total waste oils generated,
of which:
Quantity collected

Italy

Luxembourg

Netherlands

1998
639,000

1999
635,000

2000
648,000

1998
0

1999
0

2000
0

1998
139,000

1999
136,000

2000
133,000

1998
118,057

Portugal

1999
115,937

2000
114,836

0

0

0

4,600

4,791

4,594

96,000

93,000

91,000

0

0

0

184,825

188,972

187,228

4,600

4,791

4,564

87,000

86,000

84,000

53,713

55,807

52,403

Quantity regenerated

162,820

159,816

166,773

4,600

4,791

4,564

13,000

27,000

25,000

0

0

0

Quantity combusted

12,022

19,064

21,799

Quantity tipped (including
permanent storage)
Comment

0

13)

0

14)

0

15)

0

0

0

0

0

0

16)

64,000

59,000

59,000

53,713

55,807

52,403

0

0

0

0

0

0

Table 1 (continued). Treatment and handling of oil (tonne/year), (Questionnaire, Paragraph II, Question 1 c), continues.

The table presents a picture of the yearly amount of waste oils generated and of the amounts collected. Furthermore, the table shows how much of the collected amount
of waste oils is respectively regenerated, combusted and tipped.

Notes:

(1) 
(2) 
(3) 
(4) 

Combusted: including 1235 t/y
Combusted: including 1128 t/y
Combusted: incl 821 "incinerated"
Total quantity of marketed oils not available

78

Council Directive 75/439 on waste oils

1998-2000

Tonne/year

Year
Total oil marketed/sold
where available
Total waste oils generated,
of which:
Quantity collected

Spain

Sweden

UK

1998
434,600

1999
448,300

2000
439,300

1998
175,000

1999
175,000

2000
180,000

1998
812,738

1999
789,747

2000
803,644

173,800

179,300

175,700

87,500

87,500

90,000

447,006

434,361

442,004

173,490

192,020

191,533

80,000

80,000

80,000

384,149

379,354

358,639

Quantity regenerated

34,698

27,232

30,463

0

27

0

4,000

4,000

0

Quantity combusted

138,793

165,188

158,070

65,000

65,000

65,000

380,149

375,354

358,639

Quantity tipped (including
permanent storage)
Comment

0

0

0

0

0

0

62,857

55,007

83,365

17)

18)

19)

20)

Table 1 (continued). Treatment and handling of oil (tonne/year), (Questionnaire, Paragraph II, Question 1 c).

The table presents a picture of the yearly amount of waste oils generated and of the amounts collected. Furthermore, the table shows how much of the collected amount
of waste oils is respectively regenerated, combusted and tipped.

Notes:

(1) 
(2) 
(3) 
(4) 

The regeneration figure includes 3 470 tonnes of recycled oil.
The regeneration figure includes 2 884 tonnes of recycled oil.
The regeneration figure includes 2 973 tonnes of recycled oil.
Quantity of waste arising and of processed waste estimated. Quantity delivered based on product statistics. Reported as quantity of waste oil, not as quantity of oil.

79

Directive 75/439 - waste oil per 1000 inhabitants
2000

Total oil marketed/sold

Total waste oils generated

Quantity collected

b
a
h
n

i

0
0
0
1

/
r
a
e
y
n
o
t

/

25

20

15

10

5

0

Sweden (Cr=89%)
Luxembourg (Cr=99%)
Ireland (Cr=90%)
Portugal (Cr=91%)*
Netherlands (Cr=92%)
Greece (Cr=67%)
Finland (Cr=94%)
France (Cr=82%)
Spain (Cr=87%)**
Italy (Cr=58%)*
Germany (Cr=84%)*
Denmark (Cr=89%)*
Austria (Cr=76%)
U.K. (Cr=81%)
Belgium (Cr=59%)

Cr = Collection rate
* Total waste oils generated = 50% of Total oil marketed/sold
** Spain reported more waste oils collected than generated - in this figure total waste oils generated = 50% of Total oil marketed/sold
Data for Belgium are from 1999

Figure 1. Quantities of oils marketed and waste oils generated and collected in 2000 per 1000 inhabitants.

80

 
Directive 75/439 - Treatment of Waste Oils - 2000
% of total generated waste oils

29

41

50

78

25

54

87

12

89

34

59

46

46

7

6

16

22

27

1

8

5

19

65

72

66

99

100

83

16

1

81

28

24

13

100%

80%

60%

40%

20%

0%

92

1

7

Austria

Belgium

Denmark

Finland

Germany(***)
France (*)

Greece

Ireland

Italy (***)
Luxembourg

Netherlands

Portugal (***)

Spain(**)

Sweden

U.K.

EU average

(*) % of sum of the three treatment categories. The reported figures exceed the amount of total generated waste oils
(**) % of collected waste oils. The amount of collected waste oils exceeds the amount of total generated waste oils. 
(***) % of collected waste oils.
Data for Belgium are from 1999

Figure 2. Percentages of waste oils management.

81

Quantity tipped 

Quantity
combusted

Quantity
regenerated

Treatment not
specified

Yes

10

1998-2000
Member
State
Number of
authorities

Permitting
system
established
(yes/no)
Waste oils
only -Total
No of
undertakings
registered/
permitted;
Waste oils
and other
waste Total
No of
undertakings
registered/pe
rmitted;
Comments

Council Directive 75/439 on waste oils

Austria

Belgium Denmark

Finland

France

Germany Greece

Ireland

Italy

N1=9

N5=276

N3=13

N3=100

N4=4

N1=2

Luxem-
bourg
N0=1

Nether
lands
N0=1
N2=12

Portugal

Spain

Sweden

UK

N1=6
N2=7

N2=19

N3=21

N1=4

No

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

N1=15
N2=14
N3=158
Yes

-

-

3

29

-

44

23

N1=676
N2=472
N3=1904
Total=30
52

3

-

-

1

N0=4

-

66

70

-

70

21

N0=2
N2=22

N1=4
N2=30

13

73,056

1)

2)

estimated

3)

4)

5)

6)

7)

8)

Table 2. Undertakings collecting waste oil (Questionnaire, Paragraph II, Question 4)

This  table  shows  how  many  undertakings  that  each  Member  State  has  registered/permitted  to  collect  waste  oils,  whether  an  actual  permitting  system  has  been
established and the level and number of authorities responsible for the registration/permission.

Data not received

Notes:
N is a shortening for NUTS. N1:4 for example, means that the authority NUTS level 1 gives 4 permits or undertaking registers.
(1) 

NUTS 2/121/780 undertakings

82

(2) 
(3) 
(4) 
(5) 
(6) 
(7) 

(8) 

Waste oil is collected through registered private companies or under municipal collection schemes. We have no information on the number of registered private collectors.
Separate statistics were not collected on the number of registered and licensed undertakings which only collect waste oil.
NUTS level is not stated. Total number of undertakings registered/permitted is estimated.
N1: The collection of waste oil in quantities/packaging of more than 200 litres requires a permit from the Minister
The waste collection sector is constantly changing.
Permit required for transport, interim storage (R13, D15) and processing of hazardous waste. Inspection is carried out by the county administration or municipality, 21 + 298
authorities.
Average per year. England & Wales only

83

DIRECTIVE 86/278/EEC ON SEWAGE SLUDGE

1.

INTRODUCTION

Directive  86/278/EEC128  on the  protection  of  the  environment,  and  in  particular  of  the
soil,  when  sewage  sludge  is  used  in  agriculture  regulates  sewage  sludge  use  in  such  a
way as to prevent harmful  effects on soil,  vegetation,  animals  and  man.  It  also  aims  at
encouraging a sound reuse of sludge in agriculture.

In particular, the main provisions of Directive 86/278/EEC are:

–  definitions  of  ‘sludge’  (sewage  sludge,  septic  tank  sludge  and  other  sludges),
‘treatment’  (biological,  chemical  or  heat  treatment,  long-term  storage  or  any  other
appropriate  process  so  as  significantly  to  reduce  its  fermentability  and  the  health
hazards resulting from its use) and ‘use’ (spreading of sludge on the soil or any other
application of sludge on and in the soil) (Article 2);

–  values  for  concentrations  of  heavy  metals  in  soil  and  sludge  and  maximum  annual

quantities of heavy metals that can be introduced into the soil (Article 4);

–  heavy metal concentrations in soils may not be exceeded (Article 5);

–  sludge has to be treated (Article 6);

–  sludge  may  not  be  applied  to  certain  cultures  and  after  a  certain  period  has  elapsed

(Article 7);

–  the use of sludge has to take into account crop needs (Article 8);

–  methods for the sampling and analysis of soil and sludge (Article 9);

–  the  obligation  for  Member  States  to  keep  up-to-date  records  on  sludge  production,
quantities used in agriculture, location of parcels and other information (Article 10);

–  reporting requirements (Article 17).

Article  17  of  the  Directive  stipulates  that  Member  States  have  to  draw  up  every  four
years,  and  for  the  first  time  five  years  after  the  notification  of  the  Directive,  a
consolidated report on the use of sludge in agriculture.

The Directive having been notified on 17 June 1986, Member States had to draw up their
first report, covering the years 1987-1990, by 17 June 1991. Six Member States, namely
Belgium,  Denmark,  Germany,  Spain,  France  and  the  United  Kingdom,  submitted  their
reports in 1991/92. The Commission did  not consider it  worthwhile publishing  such an
incomplete and highly disparate information with no uniform format.

128

OJ L 181, 4.7.86, p. 6.

84

                                                
A second report pursuant to Article 17 of the Directive 86/278/EEC, covering the  years
1991-1994, should have been submitted by 17 June 1995. Five Member  States,  namely
Belgium,  Spain,  France,  Portugal  and  the  United  Kingdom,  submitted  reports.  The
Commission published a consolidated report129 on 27 February 1997.

Article 5 of Council Directive 91/692/EEC130 standardising and rationalising reports on
the implementation of certain Directives relating to the environment has modified Article
17  of  Directive  86/278/EEC.  Member  States  are  now  asked  to  draw  up  a  report  every
three years, and the first report shall cover the period 1995-1997. Commission Decision
94/741/EC  of  24  October  1994,  pursuant  to  Article  6  of  Directive  91/692/EEC,  has
established  the  format  of  a  questionnaire  to  be  followed  by  Member  States  when
reporting to the Commission. The same format is followed in this consolidated report.

A third report pursuant to Article 17 of the Directive 86/278/EEC as amended, covering
the  years  1995-1997,  was  published  by  the  Commission  on  10  January  2000131.  It
contained  information  about  eleven  Member  States,  as  Greece,  Italy,  the  Netherlands
and Spain did not send their reports on time.

The present report covers the period 1998-2000. Although sometimes with long delays,
all 15 Member States have answered the questionnaire. The Commission is pleased that,
for the first time since the adoption of Directive 86/278/EEC and the enlargement of the
EU  to  include  Austria,  Finland  and  Sweden,  it  can  publish  a  report  about  the
implementation of the Directive covering the whole EU.

2.

INCORPORATION INTO NATIONAL LAW

The previous consolidated report, relative to the period 1995-1997, did not mention any
outstanding  cases  of  incomplete  or  incorrect  transposition  of  the  Directive  by  Member
States.  However,  it  indicated  that  the  assessment  of  compliance  of  the  transposing
measures  for  the  three  new  Member  States  (Austria,  Finland  and  Sweden)  had  not  yet
been completed. This work has now come to an end and has brought the Commission to
open an infringement procedure against Austria for incomplete/incorrect transposition of
the Directive in a number of Länder.

The  non-communication  or  incomplete  communication  of  data  relative  to  the  period
1995-1997  from  Ireland,  Italy,  Portugal  and  Sweden  as  well  as  some  problems  of
incorrect transposition in Ireland and Sweden led the Commission to open infringement
procedures against these Member States. The cases against Ireland, Portugal and Sweden
could be settled to the satisfaction of the Commission, as the Member States concerned
sent supplementary information and/or amended their legislation.

The Commission also opened an infringement procedure against Belgium concerning the
incorrect  transposition  of  the  concentration  limits  in  soil  for  mercury  and  zinc  in
Flanders. In 2001, Belgium notified an amendment of its Decree establishing the Flemish
Regulations for waste prevention and management (VLAREA) originally adopted on 17
December  1997.  With  this  Decree,  adopted  on  9  February  2001,  the  permissible

129

130

131

COM (97) 23 final.
OJ L 377, 31.12.91, p.48.
COM(1999) 752 final.

85

                                                
concentrations of metals in the standard soil has been amended and brought in line with
the Directive. The Commission has therefore withdrawn its application to the European
Court of Justice against Belgium.

By  December  2002,  infringement  cases  were  being  pursued  concerning  Italy  (non-
compliance with Articles 10 and 17 of the Directive) and Austria (incomplete or incorrect
transposition in Carinthia, Salzburg, Styria, Upper Austria and Voralberg). An action was
brought before the Court in the Italian case132.

3.

3.1.

IMPLEMENTATION OF THE DIRECTIVE

Specific  conditions  when  sludge  from  septic  tanks  and  other  similar
installations is used – Article 3(2)

According  to  Article  3(2)  residual  sludge  from  septic  tanks  and  other  similar
installations may be used in agriculture subject to any conditions that the Member States
concerned may deem necessary for the protection of human health and the environment.

In  Austria  conditions  vary  according  to  the  different  Länder.  The  spreading  of  septic
tank  sludge  is  not  allowed  in  Carinthia,  Tyrol  and  Vienna.  It  is  subject  to  detailed
provisions in Lower Austria, Upper Austria, Voralberg and Styria.

In Belgium the Wallonia Region requires that the use in agriculture of septic tank sludge
match  crop  needs.  There  is  a  limit  of  400  kg  of  nitrogen  per  hectare  per  year  and  a
specific  provision  according  to  which  only  one  third  of  the  total  available  surface  of  a
given farmer can be treated with septic tank sludge. No more than 20 000 litres of septic
sludge  can  be  spread  per  hectare  per  year.  The  Flemish  Region  has  not  given  any
information on this point.

In  Finland,  Italy,  Luxembourg,  the  Netherlands,  Portugal,  Spain,  Sweden  and  the
United Kingdom septic tank sludge is subject to the same provisions as sewage sludge.

In  Denmark  and  Germany  septic  tank  sludge  has  to  be  delivered  to  a  waste  water
treatment plant for further processing and cannot be used as such in agriculture.

In Greece septic tank sludge is currently not used for agricultural purposes.

In  France  septic  tank  sludge  has  to  be  worked  into  the  soil  immediately  after  being
spread on land or sanitised beforehand.

In Ireland septic tank sludge may be used on grassland provided that the grassland is not
grazed  in  the  following  six  months.  In  any  event,  it  has  to  be  injected  or  otherwise
worked into land.

132

C-248/02.

86

                                                
3.2.

Concentration  limit  values  for  heavy  metals  in  soil,  sludge  and  maximum
annual loads – Article 5

Member States must prohibit the use of sludge where the concentration of heavy metals
in the soil exceeds the limit values in Annex I A (Article 5(1)). In addition Member States
have to lay down maximum quantities of sludge and limit values for heavy metals in the
sludge  in  accordance  with  Annex  I  B  (Article  5(2a)).  They  have  also  to  ensure
observance of the limit values given in Annex I C for the quantities of metals introduced
into the soil per unit of area and unit of time (Article 5(2)(b)).

Tables 1 to 3 present the concentration limit values set by Member States in accordance
with Annexes I A, I B and I C of the Directive.

In  Finland  the  concentration  in  sludge  and  the  annual  load  of  copper  and  zinc  can  be
doubled  if  there  is  a  need  to  supplement  these  elements  to  the  soil.  In  any  event,  the
maximum soil concentrations cannot be exceeded.

In Italy there is no limit for chromium in soils. Before spreading sludge it is necessary to
carry  out  a  quick  oxidising  test  (Bartlett  and  James)  to  assess  whether  the  soil  has
oxidising  capacity  from  Cr(III)  to  Cr(VI).  If  the  result  is  an  oxidising  capacity  higher
than 1µM, sludge cannot be spread on that soil.

In the Netherlands the soil limits are a function of humus and lutum content of the soil
itself (see Table 1).

In Sweden the maximum annual load is calculated over a seven-year period.

3.3.

As regards Annex 1B and  the  maximum  quantities  of  sludge  (dry  matter)
applicable to soil – Article 5 (2)(a)

In  Austria  the  maximum  quantities  applicable  vary  in  the  different  Länder:  in  Lower
Austria  it  is  2.5  t/ha/y;  in  Upper  Austria  10  t/ha  on  a  three-year  period;  in  Styria  1.25
t/ha/y  to  grassland  and  2.5  t/ha/y  on  arable  land  (these  amount  can  be  doubled  if  no
sewage sludge was applied during the previous year); in Voralberg the limit is based on
P2O5 (no more than 160 kg every second year).

In  Belgium  the  Wallonia  Region  determines  the  maximum  quantities  according  to  a
formula  which  weighs  the  actual  heavy  metal  concentration  in  sludge  against  the
permissible values. On a three-year period the maximum allowable quantity is 6 tonnes
per hectare on grassland and 12 tonnes per hectare on arable land. In the Flemish Region
application of sewage sludge is limited to 4 tonnes every two years for arable land and 2
tonnes every two years for grazing land.

In Denmark 7 tonnes of sludge may be applied per hectare per year.

In Germany up to 5 tonnes per hectare in a three-year period may be used.

In Italy the maximum quantity is 15 tonnes per hectare every three years.

In Ireland 2 tonnes per hectare per year may be applied to agricultural land.

In Luxembourg 3 tonnes per hectare per year may be used in agriculture.

87

In the Netherlands liquid sewage sludge can be used at a maximum dosage of 2 tonnes
of dry matter per hectare per year on arable or maize land. For grassland the dosage is 1
ton  dry  matter  per  year.  In  case  of  solid  sludge,  double  quantities  apply  for  spreading
once every two years.

In Portugal 6 tonnes per hectare per year is in principle the maximum allowed quantity
of sludge that may be used in agriculture although lower heavy metal permit to increase
this amount.

Greece,  Finland,  France,  Spain,  Sweden  and  the  United  Kingdom  have  opted  for
Article 5(2)(b), i.e. for fixing maximum annual load on a ten year average (seven years in
Sweden).

3.4.

Less stringent limit values for concentrations of heavy metals permitted on
land  for  growing  crops  intended  exclusively  for  animal  consumption  –
Annex IA, footnote 1

Austria did not submit any information on this point.

Less stringent values are not permitted in Belgium, in Denmark, in Greece, in Finland,
in France, in Germany, in Italy, in Ireland, in Luxembourg, the Netherlands, Spain
and in Sweden.

In Portugal the limits for soils with a pH higher then 7 in which commercial crops are
grown for animal consumption are those provided for in Table 1 of this report.

The  United  Kingdom  reports  10  sites  where  the  normal  limits  for  all  metals  may  be
exceeded in accordance with Annex I A, footnote 1. It is generally land adjoining waste
water treatment plants which was once used as a sewage farm. The total surface area of
this sites (estimated) is 2 516 hectares.

3.5.

Less stringent limit values for concentrations of heavy metals permitted in
soils with a pH higher than 7 – Annex I A, footnote 2

Austria did not submit any information on this point.

Less stringent values are not permitted in Belgium, Denmark, Greece, France, Finland,
Germany, Ireland, Luxembourg, the Netherlands and Sweden.

In Portugal, Spain and the United Kingdom the limits for soils with a pH higher then 7
are those provided for in Table 1 of this report (only for soils on which commercial crops
are grown for animal consumption in Portugal).

3.6.

Less  stringent  limit  values  for  the  annual  quantities  of  heavy  metals
introduced into the soils intended for fodder crops – Annex I C, footnote 1

Austria did not submit any information on this point.

Less stringent values are not permitted in Belgium, Denmark, Greece, Finland, France,
Germany,  Italy,  Ireland,  Luxembourg,  the  Netherlands,  Portugal,  Spain  and
Sweden.

88

The  United  Kingdom  reports  10  sites  where  the  normal  limits  for  all  metals  may  be
exceeded in accordance with Annex I C, footnote 1. It is generally land adjoining waste
water treatment plants which was once used as a sewage farm. The total surface area of
this sites (estimated) is 2 516 hectares.

3.7.

Description of the technologies employed for treating sludge – Article 6

According  to  Article  6  (without  prejudice  to  Article  7)  sludge  shall  be  treated  before
being used in agriculture. Member  States may nevertheless authorise, under conditions
to be laid down by them, the use of untreated sludge if it is injected or worked into the
soil.

In  Austria  the  treatments  applied  are  simultaneous  stabilisation,  separate  anaerobic
stabilisation  and  aerobic  stabilisation  (not  heated),  mesophilic  anaerobic  and  aerobic
stabilisation, thermophilic aerobic stabilisation, liming composting and drying.

In  the  Wallonia  Region  of  Belgium  sludge  is  digested,  aerobically  stabilised,
mechanically  dried,  thermally  dried  or  conditioned  with  lime  or  polyelectrolites.  In  the
Flemish  Region  the  following  technologies  are  employed:  aerobic  stabilisation,
mesophilic  anaerobic  stabilisation,  cold  fermentation,  thermal  drying,  and  lime
stabilisation.

In  Denmark  the  following  technologies  are  employed  for  treating  sludge:  stabilisation
(anaerobic  stabilisation  by  fermentation  in  heated  digester  or  treatment  in  a  bioreactor;
aerobic  stabilisation  by  sludge  aeration  and  composting  under  conditions  where  the
temperature  is  not  controlled;  chemical  treatment  by  addition  of  lime),  controlled
composting  (composting  with  daily  measurement  of  temperature  so  that  all  material  is
subject  to  a  temperature  of  55°C  as  a  minimum  for  two  weeks),  and  controlled
sanitisation (treatment in reactor which ensures a temperature of 70°C as a minimum for
one hour).

In Greece only small quantities of sludge have been used in agriculture so far. Research
programmes  concerning  the  treatment  of  sludge  and  its  use  in  agriculture  are  being
conducted  in  various  areas  of  the  country.  Methods  for  sludge  treatments  are  being
examined in these research programmes.

In  Finland  sludge  undergoes  anaerobic  digestion,  is  stabilised  by  aeration  or  lime
conditioning, or it is composted.

In France sludge is subject to prolonged aeration, aerobic or anaerobic stabilisation, lime
conditioning, composting, or thermal drying.

In  Germany  different  technologies  are  applied  such  as  anaerobic  digestion,  aerobic
stabilisation, lime conditioning, etc. Normally a combination of these techniques is used
for sludge treatment.

In  Italy  the  most  common  treatments  are  aerobic  digestion  (including  composting),
anaerobic  digestion,  mechanical  dewatering,  thermal  drying,  chemical  treatment  with
alkali.  Aerobic  digestion  is  normally  carried  out  on  small  sized  plants  up  to  50,000
population  equivalent  (p.e.),  while  anaerobic  digestion  is  for  plants  bigger  than  50,000
p.e.

89

In  Ireland  sludge  is  either  dewatered  on  filter  tables  and  stored  for  6  months,  or
undergoes anaerobic digestion.

In  Luxembourg  sludge  is  digested  and  then  conditioned  with  lime  or  iron  salts.
Mechanical devices are used for dewatering. Polyelectrolites are added to sludge which is
not conditioned with lime in order to facilitate dewatering.

In  the  Netherlands  sewage  sludge  must  be  treated  by  biological,  chemical  or  thermal
means, by long-term storage or any other suitable methods which has killed off most of
the pathogenic organisms in the sludge.

In  Portugal  the  technologies  employed  are  drying  beds  (drainage  on  sand  beds  and
evaporation of humidity), thickening, mechanical dehydration (band filters, filter presses,
vacuum filters or centrifugal machines) and various stabilisation processes.

In  Spain  anaerobic  digestion,  long-term  storage  and  composting  are  the  most  widely
used techniques.

In Sweden the following techniques are used: thickening (gravity thickening, flotation),
stabilisation  (anaerobic,  aerobic,  lime),  conditioning,  dewatering  (centrifuge,  filter  belt
press, air drying), thermal drying and composting.

In  the  United  Kingdom  the  technologies  employed  are  mesophilic  and  thermophilic
anaerobic  digestion,  composting,  lime  stabilisation,  liquid  storage,  dewatering  and
storage, thermal drying.

3.8.

As regards the frequency of analysis – Annex II A, paragraph 1:

According to Article 6(b) sewage sludge producers shall regularly provide users with all
the information referred to in Annex II A (sludge analysis)

In Austria the frequency of analysis depends on the Land. It is linked to the size of the
treatment plant and varies from  every two months for plants treating  more  than  30,000
p.e. in Styria to every three years for plants up to 500 p.e. in Carinthia.

In the Wallonia Region of Belgium the frequency of analysis is linked to the size of the
treatment plant, i.e. one analysis per year for a plant treating less than 5 000 population
equivalent (p.e.), up to one analysis per month for plants larger than 100 000 p.e. In the
Flemish Region four analyses per year have to be carried out.

In  Denmark,  Greece,  Ireland,  Portugal,  Spain  and  the  United  Kingdom  the  same
requirements as in the Directive apply.

In Finland the frequency of analysis is linked to the size of the treatment plant, i.e. one
analysis per year for a plant treating less than 200 p.e., up to one analysis per month for
plants larger than 100 000 p.e. These frequencies can be relaxed when the quality of the
incoming water does not change in time.

In France the frequency of analysis varies from twice a year for small plants to once a
week for the biggest plants.

90

In  Germany  the  same  frequency  of  the  Directive  applies  although  in  single  cases  the
frequency can be up to six times a year.

In Italy the frequency is increased to every three months if the treatment plant is bigger
than 100,000 p.e.

In Luxembourg the frequency varies from once a year for small plants (less than 5 000
p.e.) up to six times a year for the biggest plants (more than 50 000 p.e.).

In the Netherlands the sampling frequency is at least four times per year. Depending on
the  variation  in  the  composition  of  the  sludge  produced,  the  frequency  may  be  up  to
twice a week and the samples may be combined over a four-week period, so the effective
sampling frequency can be 12 times per year.

In Sweden the frequency depends on the size of the waste water treatment plant, varying
from  once  a  year  for  plants  treating  200  to  2  000  p.e.  up  to  once  a  month  for  plants
treating more than 20 000 p.e.

3.9.

As regards specific conditions for authorising injection or working into the
soil of untreated sludge – Article 6(a)

In Austria injection of untreated sludge is only allowed in Carinthia, elsewhere untreated
sludge cannot be used on land.

In the Wallonia Region of Belgium untreated sludge has to be directly incorporated into
the  soil  after  spreading.  Treated  sludge  must  be  incorporated  within  24  hours.  In  the
Flemish Region this practice is prohibited.

There are no specific rules in Ireland and in the United Kingdom.

In Denmark, Finland, Germany, Italy, Luxembourg, the Netherlands and Spain it is
forbidden to spread untreated sludge on land.

In  Greece  existing  legislation  allows  the  competent  prefectural  directorate  of  the
Ministry  of  Agriculture  to  issue  a  recommendation  to  the  Prefect  for  the  granting  of  a
permit for the use of untreated sludge provided that the sludge will be injected or worked
into the soil. The conditions governing the use of the sludge are laid down in the permit.

In  France  only  septic  tank  sludge  and  sludge  coming  from  small  waste  water  plants
(treating less than 120 kg  BOD5 per day) can be spread on land untreated. There is the
obligation of immediate ploughing down.

In  Portugal  a  specific  joint  authorisation  from  the  Agriculture  and  Environment
Ministries is required for injection or working into the soil of raw sludge.

In  Sweden  untreated  sludge  can  be  used  as  long  as  it  is  worked  into  the  soil  within  a
maximum of 24 hours after being spread  and its use does not cause a nuisance to local
residents.

91

3.10.

Periods of prohibition of spreading before grazing or harvesting – Article 7

According  to  Article  7  Member  States  shall  prohibit  the  use  of  sludge  on  grassland  or
forage crops at least three weeks before grazing or harvesting, on soil in which fruit and
vegetable crops are growing (except fruit trees) and ten months preceding the harvest on
grounds  where  fruits  or  vegetable  grow  in  direct  contact  with  the  soil  and  which  are
eaten raw.

In  Austria  the  rules  vary  in  the  different  Länder  and  are  generally  stricter  than  those
provided for by the Directive. In Upper Austria the use of sewage sludge is prohibited on
pastures, grassland, mountain pastures, Alpine soils and field fodder crops.

In  the  Wallonia  and  Flemish  Regions  of  Belgium  six  weeks  have  to  elapse  before
allowing  grazing  on  grassland  or  harvesting  of  animal  forage  crops.  In  Wallonia  it  is
forbidden to spread sludge in forests and in nature protection areas.

In Denmark the period during which it is prohibited to use sludge on grassland before it
is grazed and on forage crops before harvest is one year.

Greece did not submit any information on this point.

In  Finland five  years  have  to  elapse  before  potatoes,  root  crops  and  vegetables  can  be
grown  on  sludge-treated  land.  Sludge  may  be  used  only  on  soil  on  which  grain,  sugar
beet, oil-bearing crops or crops not used for human or animal consumption are cultivated.

In  France  the  delay  is  six  weeks  –  reduced  to  three  for  sanitised  sludge,  i.e.  sludge
treated in such a way that pathogenic micro-organisms cannot be detected.

In  Germany  sludge  cannot  be  used  on  meadows  and  pastures  (permanent  grassland).
Sewage  sludge  can  only  be  used  on  arable  land  and  it  has  to  be  carefully  ploughed  in
before sowing forage crops, green maize and silage maize.

In Italy the delay is five weeks.

In  Ireland,  Portugal,  the  Netherlands,  Spain  and  the  United  Kingdom  the  same
minimal provisions of the Directive, i.e. three weeks before grazing or harvesting, apply.

In Luxembourg the delay is one month.

In Sweden the length of the period is 10 months.

3.11.

Limit values or other measures for soils with a pH below 6 – Article 8

According to Article 8 Member States shall take into account the increased mobility and
availability to the crop of heavy metals and shall, if necessary, reduce the limit values in
accordance with Annex I A, where sludge is used on soils of which the pH is below 6.

In  Austria there  are reduced concentration  limits in Carinthia for  cadmium  (0.5  mg/kg
dry  matter),  chromium  (50  mg/kg  dry  matter),  copper  (40  mg/kg  dry  matter),  mercury
(0.2 mg/kg dry matter), lead (50 mg/kg dry matter) and zinc (100 mg/kg dry matter), and
in Upper Austria for zinc (150 mg/kg dry matter). In Tyrol for soils with a pH below 6,
the permitted heavy metal contents are reduced to 50% of the permitted limit values.

92

In the Wallonia Region of Belgium it is prohibited to spread sludge on soils with a pH
below 6. In the Flemish Region treated sludge may be spread on cropland only if the soil
pH  is  higher  than  5.  In  addition,  the  limit  values  for  heavy  metals  are  stricter  than  in
Annex IA of the Directive.

There are no specific rules in Denmark, Greece, the Netherlands, Spain and Sweden.

Since the pH value of cultivated Finnish soils is normally below 6.0, in Finland the limit
values for heavy metal concentrations in soil are more stringent than those laid down in
Annex IA of the Directive. In addition, sludge may only be used on soils with a pH value
above 5.8 or 5.5 in case of use of lime-stabilised sludge.

In  France  there  is  a  reduced  annual  load  for  cadmium  (15  g/ha/y),  chromium  (1  200
g/ha/y),  copper  (1  200  g/ha/y),  mercury  (12  g/ha/y),  lead  (900  g/ha/y)  and  zinc  (3  000
g/ha/y) on soils with a pH between 5 and 6.

In  Germany  there  are  reduced  concentration  limits  for  cadmium  (1  mg/kg  dry  matter)
and zinc (150 mg/kg dry matter) for soils with a pH between 5 and 6. Sludge cannot be
spread on soils with a pH below 5.

In Italy the quantity of sludge applied to the soil are halved if the soil pH is below 6 and
the cation exchange capacity is lower than 15 meq/cm.

In  Ireland  when  the  pH  is  lower  than  6  it  has  to  be  paid  attention  to  increased  heavy
metal mobility.

In Luxembourg if the pH of the soil is below 6 the pH of sludge must be  consistently
above 7. In general sludge conditioned with lime is used in these cases (pH higher than
12).

In Portugal reduced limits apply when the pH is below 5.5 (see Table 1 in this report).

In  the  United  Kingdom  reduced  concentration  limits  for  copper,  nickel  and  zinc  are
adopted in order to take account of the increased mobility of these heavy metals when the
pH decreases (see Table 1 in this report).

3.12.

Soil analyses for other parameters than pH and heavy metals – Annex II B,
paragraph 1

According  to  Article  9  soil  on  which  sludge  is  used  shall  be  analysed  as  outlined  in
Annex II B. Member States must first ensure that the heavy metal content of the soil does
not exceed the limit value. Therefore they have to decide what analyses to carry out, on
the frequency of analyses and on the parameters (pH and heavy metals are obligatory).

In  the  Wallonia  Region  of  Belgium,  Denmark,  Greece,  Finland,  France,  Ireland,
Luxembourg, Spain, Sweden and the United Kingdom only pH and heavy metals have
to be analysed.

In  certain  Länder  in  Austria  soil  analyses  include  parameters  such  as  organic  matter,
magnesium,  carbonates,  calcium  requirement,  CEC  (cation  exchange  capacity),  iron,
manganese,  water  content.  In  specific  cases,  also  analysis  of  polycyclic  aromatic
hydrocarbons, polychlorinated biphenyls and chlorinated hydrocarbons are also required.

93

In the  Flemish  Region  of  Belgium  soil  is  additionally  analysed  for  dry  matter,  organic
matter,  nitrogen,  phosphate,  total  halogenated  organic  compounds  and  mineral  oil.  The
competent  authority  may  decide  on  further  analyses  relating  to  monocyclic  aromatic
hydrocarbons, polycyclic aromatic hydrocarbons and other organic substances.

In Germany available phosphate, potassium and magnesium have to be analysed as well.

In Italy also the soil cation exchange capacity has to be measured.

In the Netherlands arsenic is also measured.

In Portugal nitrogen and phosphorous have to be analysed as well.

3.13.

As  regards  the  minimum  frequency  of  soil  analysis  –  Annex  II  B,
paragraph 2

In Austria the frequency of analysis of the soil is every ten years (or when more than 15
t  dry  matter  have  been  used)  in  Burgerland  and  Upper  Austria;  five  or  ten  years
(depending on individual parameters) in Lower Austria; four years in Styria; every three
application of sludge in Tyrol; every ten years in Carinthia.

Every  three  years  in  Italy;  every  six  years  in  the  Netherlands,  every  ten  years  in  the
Wallonia  Region  of  Belgium,  in  Ireland,  in  France  and  in  Germany;  every  twenty
years in the United Kingdom; when 20 tonnes of dry matter are spread per hectare in the
Flemish Region.

Denmark did not submit any information on this point.

There is no specific minimum frequency in Finland – soils have to be analysed if there is
reason to believe that limit values have been exceeded.

In Luxembourg soils have to be analysed prior to any sludge spreading operation.

In Portugal soils have to be analysed prior to each spreading of sewage sludge.

In Spain the frequency is determined by the Regional governments.

In Sweden, due to the fact that very few soils have concentrations at or close to the lower
limits, soil analyses are carried out only if it is probable that the concentration of one or
more heavy metals in the soil in question exceeds the limit values.

3.14. Quantities  of  sludge  produced,  sludge  used  in  agriculture  and  average

concentration of heavy metals in sludge – Article 10

Article  10  of  the  Directive  requires  that  Member  States  keep  up-to-date  records  which
register, among other information, the quantities of sludge produced and the quantities
supplied  for  use  in  agriculture  as  well  as  the  concentrations  of  heavy  metals  and
nutrients.

Tables  5  and  6  and  Figures  1  to  4  present  the  data  received  by  the  Commission.  For
completeness of information, Table 4 presents the data for the previous reporting period
(1995-97).

94

3.15.

Exemptions granted to small sewage treatment plants – Article 11

According to Article 11 Member States may exempt sludge from sewage treatment plants
with a treatment capacity corresponding to 5 000 person equivalents, which are designed
primarily for the treatment of domestic waste water from Articles 6 (b), 10 (1)(b), (c), (d)
and (2).

No  exemptions  have  been  adopted  in  the  Wallonia  Region  of  Belgium,  Denmark,
France, Portugal, Sweden and the United Kingdom.

This  point  is  not  mentioned  in  the  report  of  the  Flemish  Region,  Italy,  Portugal  and
Spain.

In  Finland exemptions are made for  waste water  treatment  plants with less than 5  000
p.e. Some 450 plants are concerned by this measure.

In Germany exemptions are made for waste water treatment plants with less than 1 000
p.e. There is no information on the number of these plants.

In Ireland there is a general exemption for plants below 5 000 p.e.

4.

CONCLUSIONS

Directive  86/278/EEC  has  been  transposed  in  all  Member  States  in  a  generally  correct
manner,  although  some  work  needs  to  be  done  to  guarantee  a  prompt  and  effective
transmission  of  exhaustive  data  to  the  Commission.  In  certain  Member  States  the
fragmented  competence  at  the  administrative  level  does  not  help  in  getting  a  coherent
picture of the  amount of sludge produced and used in  agriculture  as well as its  quality.
Quantitative information on the implementation of the Directive is sent with long delays
reaching in certain cases a year or more.

According to the data submitted to the Commission and presented in Tables 4 and 5 and
considering only those Member States for which there is a complete time series between
1995 and 2000, the  production  of sludge  was steady  at about 4.3 million tonnes  of dry
matter per year.

The trend presented in Figure 5 shows a slight decline in sludge use in agriculture in the
EU, from about 43% in 1995 to 37% in 2000. There are appreciable variations among the
different Member States, in some of which the decline in sludge use is rather sharp and it
would seem that this trend will continue also after 2000. The Commission considers that
this decline in sludge use in agriculture in favour of incineration is contrary to the waste
hierarchy.

As to quality (see Table 6), the average concentrations of heavy metals in sludge used in
agriculture in the EU are well below the threshold limits set in Annex IB of the Directive.
Although disparities still exist among the different Member States (not least because the
analytical  methods  used  may  differ  from  one  Member  State  to  the  other),  the  general
trend is towards a slow but steady decrease in concentrations.

95

The Commission notes that on average in the EU a tonne of sludge (dry matter) contains
between 30 to 40 kg of nitrogen and 20 to 30 kg of phosphorus. This alone represents a
monetary value of about €30 per tonne of sludge dry matter used in agriculture.

The  Commission  is  of  the  opinion  that  the  conclusions  drawn  in  the  previous
consolidated  report133  remain  valid.  In  particular,  the  use  of  sewage  sludge  on
agricultural  soils  as  fertiliser  is  held  as  the  best  environmental  option  provided  that  it
does  not  pose  any  threat  to  the  environment  as  well  as  to  animal  and  human  health.
Directive  86/278/EEC  seeks  to  regulate  the  spreading  on  land  of  sewage  sludge  on
agricultural soils in such a way as to prevent environmental drawbacks. Indeed, there are
no reported  cases  of  human,  animal  or  crop  contamination  due  to  the  use  of  sludge  on
agricultural soils following the provisions of the Directive. Although risk zero does not
exist in human activities, it appears that the provisions of the Directive have been quite
effective in preventing the spreading of pollution because of the use of sludge.

The Commission is of the opinion that a monitored and well-regulated land spreading of
sludge  should  be  encouraged  and  sustained.  At  the  same  time,  rules  should  be
strengthened,  when  necessary,  especially  taking  into  account  long-term  effects  on  soil
quality.

Under this respect and in order to ensure consumers’ confidence in the reuse of sludge on
agricultural  soils,  the  Commission  has  announced  in  its  Communication  “Towards  a
Thematic  Strategy  on  Soil  Protection”134  that  it  plans  to  undertake  a  comprehensive
review of the provisions contained in the Directive. These provisions will be assessed in
the  light  of  the  scientific  research  carried  out  since  the  adoption  of  the  Directive.  This
review will aim at ensuring a high level of environmental protection. The general public
will  be  reassured  about  the  fact  that  sludge  reuse  on  agricultural  soils  –  if  carried  out
according  to  the  rules  of  best  practice  and  following  the  provisions  of  the  Directive  –
does not present unacceptable risks for human health and the environment. Furthermore,
the  Commission  will  examine  the  need  for  clear  and  transparent  criteria  for  analytical
controls carried out on sludge used in agriculture, in order to avoid that contaminants are
spread into the environment or recycled on crops for human consumption. The definition
of  sewage  sludge  will  also  be  looked  upon  so  that  a  coherent  interpretation  is  adopted
throughout  all  sectors  of  legislation.  It  is  expected  that  the  Commission  will  present  a
Proposal for the revision of Council Directive 86/278/EEC by the end of 2003.

133

134

COM(1999) 752 final.
COM(2002) 179 final of 26 April 2002.

96

                                                
Annex III

97

Directive 86/278/EEC on sewage sludge

Table 1: Concentration limit values for heavy metals in soil (mg/kg dry matter)

86/278/EEC
6<pH<7
1 – 3
-
50 – 140
1 – 1.5
30 – 75
50 – 300
150 – 300

86/278/EEC
6<pH<7
1 – 3
-
50 – 140
1 - 1.5
30 – 75
50 – 300
150 – 300

Cadmium (Cd)
Chromium (Cr)
Copper (Cu)
Mercury (Hg)
Nickel (Ni)
Lead (Pb)
Zinc (Zn)

Cadmium (Cd)
Chromium (Cr)
Copper (Cu)
Mercury (Hg)
Nickel (Ni)
Lead (Pb)
Zinc (Zn)

A

B

0.5 –2
50 – 100
40 – 100
0.2 – 1.5
30 – 70
50 –100
100 - 300

Flanders
0.9
46
49
1.3
18
56
170
As 22

Wallonia
2
100
50
1
50
100
200

D

1.5
100
60
1
50
100
200

DK

0.5
30
40
0.5
15
40
100

E
pH<7 pH>7

EL

1
100
50
1
30
50
150

3
150
210
1.5
112
300
450

1 – 3
-
50 – 140
1 – 1.5
30 – 75
50 – 300
150 – 300

F

2
150
100
1
50
100
300

FIN

I

0.5
200
100
0.2
60
60
150

1.5
1µM Cr(VI)
100
1
75
100
300

IRL

L

NL135

1
-
50
1
30
50
150

1 - 3
100 - 200
50 - 140
1 - 1.5
30 - 75
50 - 300
150 - 300

0.8
100
36
0.3
35
85
140

pH<5.5
1
50
50
1
30
50
150

P
5.5<pH<7
3
200
100
1.5
75
300
300

pH>7
4
300
200
2
110
450
450

S

0.4
60
40
0.3
30
40
100136

5<pH<5.5 5.5<pH<6

UK

3
-
80
1
50
300
200

3
-
100
1
60
300
250

6≤pH≤7
3
-
135
1
75
300
300

pH>7
3
-
200
1
110
300
450

135

136

The Dutch limit values are a calculation example. They are based on 10% organic matter = H and 25% lutum = L. The limit values in the soil are determined using a formula in which L =
%  lutum  and  H  =  %  organic  matter.  In  the  calculation  H  is  never  higher  than  15%.  The  values  are  calculated  by  the  following  formulas:  Cd  {0.4+0.007(L+3H)  mg/kg  dry  matter,  Cu
{15+0.6(L+3H)} mg/kg dry matter, Ni {10+L mg/kg dry matter, Pb {50+L+H} mg/kg dry matter, Zn {50+1.5(2L+H)} mg/kg dry matter, Hg {0.2+0.0017(2L+H)} mg/kg dry matter, Cr
{50+2L mg/kg dry matter.
The zinc concentration in arable land may reach 150 mg/kg dry matter in certain Swedish soils (Jämtland, Stockholm, Sëdermanland, Uppsala, Västernorrland and Västmanland counties).

98

                                                
Directive 86/278/EEC on sewage sludge

Table 2: Concentration limits for heavy metals in sludge (mg/kg dry matter)

86/278/EEC
Annex 1 B
20 – 40
-

1000 – 1750
16 – 25
300 – 400
750 – 1200
2500 – 4000

86/278/EEC
Annex 1 B
20 – 40
-
1000 – 1750
16 – 25
300 – 400
750 – 1200
2500 – 4000

Cd
Cr

Cu
Hg
Ni
Pb
Zn

Cd
Cr
Cu
Hg
Ni
Pb
Zn

A

0.7 – 10
50 – 500

70 – 500
0.4 – 10
25 – 100
45 – 500
200 – 2 000

FIN

3
300
600
2
100
150
1 500

Flanders
6
250

375
5
50
300
900
As 150

I

20
-
1 000
10
300
750
2 500

B

Wallonia
10
500

600
10
100
500
2 000

IRL

20
-
1 000
16
300
750
2 500

D

10
900

800
8
200
900
2 500

L

20 – 40
1 000 – 1 750
1 000 – 1 750
16 – 25
300 – 400
750 – 1 200
2 500 – 4 000

DK

0.8
100

1 000
0.8
30
120
4 000

NL

1.25
75
75
0.75
30
100
300

E

EL

pH>7
20
1 000

1 000
16
300
750
2 500

pH<7
40
1 500

1 750
25
400
1 200
4 000

20 – 40
Cr(III) 500
Cr(VI) 10
1 000 – 1 750
16 – 25
300 – 400
750 – 1 200
2 500 – 4 000

P

20
1 000
1 000
16
300
750
2 500

S

2
100
600
2.5
50
100
800

F

20
1 000

1 000
10
200
800
3 000

UK

-
-
-
-
-
-
-

99

Directive 86/278/EEC on sewage sludge

Table 3: Maximum annual average load of heavy metals to agricultural land (g/ha/y)

86/278/EEC
Annex 1 C
150
-
12 000
100
3 000
15 000
30 000

86/278/EEC
Annex 1 C
150
-
12000
100
3000
15000
30000

Cd
Cr
Cu
Hg
Ni
Pb
Zn

Cd
Cr
Cu
Hg
Ni
Pb
Zn

A

B

6 – 10
350 – 1 250
1 000 – 1 800
6 – 25
200 – 300
300 – 1 250
3 600 – 5 000

FIN

3
300
600
2
100
150
1 500

Flanders
12
500
750
10
100
600
1 800
As 300

I

-
-
-
-
-
-
-

Wallonia
-
-
-
-
-
-
-

IRL

-
-
-
-
-
-
-

D

-
-
-
-
-
-
-

L

120
4 500
5 250
75
1 200
3 600
12 000

DK

E

-
-
-
-
-
-
-

NL

2.5
150
150
1.5
60
200
600

150
3 000
12 000
100
3 000
15 000
30 000

P

150
4 500
12 000
100
3 000
15 000
30 000

EL

150
5
12 000
100
3 000
15 000
30 000

S137

1.75
100
600
2.5
50
100
800

F
5<pH<6 6<pH<7

15
1 200
1 200
12
300
900
3 000

30
1 500
1 500
15
300
1 500
4 500

UK

150
-
7 500
100
3 000
15 000
15 000

137

Copper limit can be exceeded if the soil is copper defiecient. New load limits as from 2002 (g/ha/y): Cd: 0.75, Cr: 40, Cu: 300, Hg: 1.5, Ni: 25, Pb: 25, Zn: 600.
100

                                                
Directive 86/278/EEC on sewage sludge

Table 4: Total sludge production and quantities used in agriculture in the reporting period 1995-1997138

Member State

Austria
Wallonia Region
Flemish Region
Germany
Denmark

Spain
Greece
France
Finland
Italy
Ireland
Luxembourg
Netherlands(*)
Portugal

A
B

D
DK

E
EL
F
FIN
I
IRL
L
NL
P

S

Sweden

Sludge produced
(tonnes of dry matter)
1996

1997

1995
390 000
14 311
73 325
2 248 647
166 584

15 200
65 230
2 215 820
161 717

16 594
69 850
2 227 609
151 159

1995
45 000
10 687
9 750
940 932
109 369

%
12%
75%
13%
42%
67%

Sludge used in agriculture
(tonnes of dry matter)

Surface covered
(hectares)
1996
10 497

1997

11 127

1996

%

1997

%

1995
10 492

12 230
17 860
920 721
104 095

81%
27%
42%
64%

14 772
23 363
909 547
94 250

89%
33%
41%
62% 28 261 ha/

1 625

3 years

2 680

3 900

27 393 ha/
3 years

23 743 ha/
3 years

51 624
750 000
141 000

130 000

685 669
58 993
820 000
136 000

38 290

494 000
47 000

66%
33%

49 000
47 242

38%

220
145 855
(estimate)
230 000
(estimate)

242
177 100
(estimate)
230 000
(estimate)

209
214 200
(estimate)
230 000
(estimate)

30
44 000
(estimate)
67 800

14%
30%

29%

36
53 130
(estimate)
90 000
(estimate)

15%
30%

39%

314 329

46%

544 000
53 000
52 546
4 174

27
64 260
(estimate)

66%
39%

11%

13%
30%

7 446

11 707

16 000
ha/ year
(0.6% of
total
cultivated
area)

21 000
ha/year
(0.8% of
total
cultivated
area)

UK

United Kingdom

1 120 000
(estimate)

1 120 000

1 195 000
(estimate)

548 061

49%

570 798

51%

645 798
(estimate)

54%

(*)Sludge produced by private treatment plants. Since 1995 sludge from municipal plants is no longer used in agriculture.

138

This Table, although relative to the previous reporting period 1995-97, is here introduced as a complement of information to the reader. The corresponding Table contained in the previous
consolidated report COM(1999) 752 has been supplemented with data sent by Member States too late for being included in that report.

101

                                                
Directive 86/278/EEC on sewage sludge

Table 5: Total sludge production and quantities used in agriculture in the reporting period 1998-2000

Member State

Austria
Wallonia Region
Flemish Region139
Germany
Denmark

Sludge produced
(tonnes of dry matter)
1999
406 696
17 967
76 699
2 263 843
155 621

2000
401 867
18 228
80 708
2 297 460
-

1998
399 188
15 836
63 919
2 228 029
153 780

Spain
Greece
France

716 145
59 320
858 000

784 882
60 135
855 000

853 482
66 335
-

Finland
Italy140
Ireland
Luxembourg
Netherlands141
Portugal

Sweden142

158 000
717 776
37 595
-
220
121 138
(estimate)
221 000

United Kingdom

1 045 150

160 000
728 280
38 551
7 000
242
374 147
(estimate)
221 000
(estimate)
1 105 918

160 000
779 220
35 039
-
-
238 680
(estimate)
220 000
(estimate)
1 066 176

A

B

D
DK

E
EL
F

FIN
I
IRL
L
NL
P

S

UK

Sludge used in agriculture
(tonnes of dry matter)

1998
43 518
13 042
16 006
842 497
96 200

353 986
0
554 000

23 000
194 811
5 238
-
34
41 413

%
11%
82%
25%
38%
62%

49%

65%

14%
27%
14%

15%
34%

1999
38 698
9 504
5 410
861 631
95 500

413 738
0
552 000

23 000
164 698
8 734
5 600
36
66 547

56 000

25%

502 200

48%

56 000
(estimate)
554 924

%
10%
53%
7%
38%
61%

53%

65%

14%
23%
23%
80%
15%
18%

25%

50%

2000
40 455
10 733
0
858 801
-

454 251
0
-

19 000
217 805
14 109
-
45
37 176

35 000
(estimate)
584 233

%
10%
59%
0
37%

53%

12%
28%
40%

-
16%

16%

55%

Surface covered
(hectares)
1999

2000

1998

-

-

-
23 649 ha/
3 years

--
22 920 ha/
3 years

176 000
(estimate)
-
12 977
-
-

176 000
(estimate)
-
5 167
-
1 870

-

-
-

-

-
15 711
-
-

-

-

-

13 000
(estimate)
-

13 000
(estimate)
-

8 000
(estimate)
-

139

140

141

142

No sludge from urban waste water treatment plants has been used in agriculture since 1 December 1999 because it has not been possible to keep to the VLAREA requirements.
Data not complete for all Regions.
Municipal sludge has not been used in agriculture since 1995. The values given here therefore relate only to sewage sludge produced by private facilities.
Data on surface covered are based on the assumption that 4.3 tonnes of sludge are spread per hectare every six years, corresponding to about 120 kg P/ha every six years.

102

                                                
Directive 86/278/EEC on sewage sludge

Table 6: Average heavy metal concentrations in sludge (mg/kg dry matter)

86/278/EEC

A

B

D

DK

E

1998

1999

2000

1998

1999

2000

1998

1999

2000

1998

1999

Flanders

Wallonia

20 – 40

1.1-6.4

0.65-5.4

0.71-3.4

-

34-240

53-60

39-67

1000 – 1750

114-244

133-190

139-218

16 – 25

0.8-1.3

0.7-1.2

0.6-1.3

300 – 400

750 – 1200

21-43

32-78

21-54

45-54

19-42

46-56

2.4

82

359

1.3

49

187

3.2

76

315

1.4

46

204

3.8

77

310

1.6

45

177

1.7

79

186

1.8

35

121

2500 – 4000

539-920

622-778

597-961

1228

1236

1174

1065

1.7

94

194

1.9

34

126

953

1.7

86

190

1.2

30

137

1.4

49

289

1

27

63

1009

835

1.3

47

294

0.9

28

61

820

2000
(estimate)
1.3

41

302

0.9

28

60

826

1.35

25.2

242

0.99

20.2

49.8

686

1.39

24.6

220

0.91

20.5

47.2

650

19-45900 17-58200 18-46100

38 000

35 000

35 000

32 887

34 719

33 460

37 500

36 000

38 200

44 600

42 800

23-47000 23-49300 22-52300

39 000

42 000

46 000

29 445

23 210

22 978

20 400

23 100

25 300

29 500

28 800

-

-

-

-

-

-

-

-

-

6.5

238

277

1.2

59

212

883

2.1

135

303

1.4

49

117

959

2.5

146

300

2.1

46

104

897

36 882

42 978

45 463

36 993

39 921

45 612

1998

1999

2000

1998

1999

2000

86/278/EEC

EL

F

FIN

I143

IRL

L

20 – 40

-

1000 – 1750

16 – 25

300 – 400

750 – 1200

2500 – 4000

1998

1999

2000

1998

1999

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

2000
(estimate)
1.9

1998
(estimate)
0.9

1999
(estimate)
0.9

2000
(estimate)
0.9

44

297

1.9

27

85

677

52

273

0.7

21

17

473

50

145

0.7

28

11

286

104

225

0.5

24

23

442

1998

1999

2000

1998

1999

2000

1998

1999

2000

2.9

83

254

1.4

54

96

749

2.8

72

293

1.4

37

95

798

2.5

104

247

0.98

54

87

741

1.6

165

310

0.05

39

61

517

2.6

165

333

0.6

33

106

568

0.8

-

195

1.0

18

108

418

1.9

49

262

5

31

131

1.7

63

300

1.9

51

129

2

57

317

1.5

42

114

1 736

1 668

1 632

40 000

25 000

17 000

27 000

52 800

53 400

50 500

27 558

27 558

27 976

25 260

22 500

23 200

25 800

15 000

11 000

19 000

20 400

20 500

19 800

10 386

10 386

5 415

52 260

50 314

56 200

Cd

Cr

Cu

Hg

Ni

Pb

Zn

N

P

Cd

Cr

Cu

Hg

Ni

Pb

Zn

N

P

143 Weighted mean calculated on available data from different Regions.

103

                                                
86/278/EEC

NL

P

S

UK

1998

1999

2000

1998

1999

2000

1998

20 – 40

0.37

0.54

0.40

-

1000 – 1750

16 – 25

300 – 400

750 – 1200

2500 – 4000

21

31

0.18

11

11

148

18

32

0.17

9

18

139

20

32

0.18

9

14

131

2.5

55

454

2

30

98

2.9

99

397

4.6

39

83

3.4

110

512

5.2

46

105

1 440

1 280

1 670

1.1

25

471

1.1

16

34

517

1999
(estimate)
1

25

432

1

16

33

486

2000

1998

1999

2000

0.9

24

393

0.8

16

31

455

2.5

106

440

2

50

202

777

2.6

111

445

2

48

204

815

2.1

113

457

1.7

52

195

790

14 000

16 000

14 000

36 300

33 040

35 400

39 300

40 350

41 400

37 108

39 554

41 052

10 000

9 000

10 000

31 123

27 900

28 440

27 900

27 050

26 200

25 955

26 267

27 374

Cd

Cr

Cu

Hg

Ni

Pb

Zn

N

P

104

U K

P

S

2 .5 0 0 .0 0 0

2 .0 0 0 .0 0 0

1 .5 0 0 .0 0 0

1 .0 0 0 .0 0 0

s
e
n
n
o
t

T o ta l s lu d g e  p ro d u c tio n
b y  M e m b e r S ta te s  in  1 9 9 9

D

E

F

I

5 0 0 .0 0 0

A

0

B

D K

F IN

E L

IR L

L N L

Figure 1. Sludge production in 1999

P e r c e n t a g e  o f   s lu d g e  p r o d u c t i o n
b y   M e m b e r  S t a t e s  i n  1 9 9 9

U K
1 5 %

A
6 %

B
1 %

D
3 1 %

S
3 %

P
5 %

I
1 0 %

N L
0 %

L
0 %

IR L
1 %

F IN
2 %

F
1 2 %

E L
1 %

E
1 1 %

D K
2 %

Figure 2. Percentage of sludge production by Member State in 1999

105

S lu d g e  u s e d  in  a g r ic u ltu r e
b y  M e m b e r  S ta te s  in  1 9 9 9

D

E

F

U K

D K

A

B

E L

F IN

IR L

L

N L

P

S

I

s
e
n
n
o
t

1 .0 0 0 .0 0 0

9 0 0 .0 0 0

8 0 0 .0 0 0

7 0 0 .0 0 0

6 0 0 .0 0 0

5 0 0 .0 0 0

4 0 0 .0 0 0

3 0 0 .0 0 0

2 0 0 .0 0 0

1 0 0 .0 0 0

0

Figure 3. Sludge used in agriculture in 1999

P e r c e n t a g e  o f  s lu d g e  u s e d  in  a g r ic u ltu r e  b y  M e m b e r  S t a t e s
in  1 9 9 9

9 0 %

8 0 %

7 0 %

6 0 %

5 0 %

4 0 %

3 0 %

2 0 %

1 0 %

0 %

D

B

A

F

D K

E

L

U K

I

IR L

F IN

S

P

N L

E L

Figure 4. Percentage of sludge used in agriculture by Member State in 1999

106

P e r c e n t a g e   o f   s lu d g e   u s e d   in   a g r ic u lt u r e   in  
t h e   p e r io d   1 9 9 5 - 2 0 0 0

B

D

F IN

U K
E U

6 0 %

5 0 %

4 0 %

3 0 %

2 0 %

1 0 %

0 %

1995

1996

1997

1998

1999

2000

Figure 5. Percentage of sludge used in agriculture in selected Member States over the period 1995-2000

107

DIRECTIVE 94/62/EC ON PACKAGING AND PACKAGING WASTE

1.

INTRODUCTION

Directive  94/62/EC144  on  Packaging  and  Packaging  Waste  (Packaging  Directive)  has  two
main  objectives:  to  protect  the  environment  and  to  ensure  the  functioning  of  the  internal
market. To this end, the Directive lays down measures aimed as a first priority, at preventing
the  production  of  packaging  waste  and,  as  additional  fundamental  principles,  at  reusing
packaging, at recycling and other forms of recovering packaging waste and hence, reducing
the final disposal of such waste.

These measures include:

–  Prevention: National measures and encouragement of standards (Article 4)

–  Reuse: National measures (Article 5)

–  Recovery and recycling targets to be achieved by 30 June 2001 (Article 6):

–  Recovery between 50 and 65%

–  Recycling between 25 and 45% (15% per material)

–  Greece,  Ireland  and  Portugal  may  postpone  the  attainment  of  these  targets  until  31

December 2005 (in this case, a 25% recovery target by 30 June 2001 applies)

–  Return, collection and recovery systems to be set up by Member States according to certain

criteria (Article 7),

–  Marking  to  be  established  by  a  future  directive  (this  is  not  yet  adopted145)  and  an
identification system to be adopted through comitology (Decision 97/129/EC146); (Article
8)

–  Essential requirements for  packaging to  be allowed to  freely  circulate  within  the  Internal
market and promotion of standardisation by the Commission (Articles 9, 10 and 18147)

–  Limits for heavy metals in packaging (Article 11148)

–  Information  systems  and  data  formats  to  be  adopted  through  comitology  (Decision

97/138/EC149); (Article 12)

144

145

146

147

148

OJ No L 365, 31.12.1994, p.10 - 23
The Commission has submitted a proposal for this purpose in 1996. The Parliament has concluded its first
reading but the Council has not adopted a Common Position since then.
OJ L 50, 20.2.1997, p. 28-31.
The  references  to  standards  EN  13428:2000  and  EN  13432:2000  have  been  published  in  Commission
Decision 2001/524/EC, OJ L 190, p. 21-23.
Derogations  have  been  adopted  for  plastic  crates  and  plastic  pallets  (Decision  1999/177/EC,  OJ  L  56,
4.3.1999, p. 47-48) and glass packaging (Decision 2001/171/EC, OJ L 62, p.20-21). The decisions apply
for certain limits or under certain conditions.

108

                                                
–  Information for users (Article 13)

–  Economic instruments: national measures (Article 15)

–  Reporting obligations (Article 17)

This  report  is  based  on  the  replies  to  the  questionnaire  adopted  by  Commission  Decision
97/622/EC150 of 27 May 1997. In addition, the reports sent to the Commission under Decision
97/138/EC have been used to produce the data on packaging placed on the  market, re-used,
recovered and recycling. Where appropriate, reference is made to available studies.

2.

INCORPORATION INTO NATIONAL LAW

2.1.

National law

All Member States have provided the Commission with details of their laws, regulations and
administrative provisions introduced to comply with the Packaging Directive.

During  2002,  the  Commission  sent  Reasoned  Opinions  to  Austria  for  failing  to  bring  its
legislation in line with regard to a definition for organic recycling and to Ireland for failing to
put all the necessary legislation into place to achieve the minimum targets for recovery to be
met by 2005.

2.2.

Programmes going beyond the objectives referred to in Article 6(1)(a) and (b)

Article 6(1) (a) and (b) sets a range within which Member States must set national recovery
and recycling targets to be achieved by June 2001. According to Article 6(6), Member States
are permitted to pursue programmes going beyond the targets of Article 6(1)  (a) and  (b),  if
they provide to this effect appropriate capacities and on condition that these measures avoid
distortions of the internal market and do not hinder compliance by other Member States with
the Directive. The Member States shall inform the Commission thereof. The Commission shall
confirm these  measures,  after  having  verified,  in  co-operation  with  the  Member  States,  that
they are consistent with the considerations above and do not constitute an arbitrary means of
discrimination or a disguised restriction on trade between Member States.

The following countries have communicated such programmes:

Austria: confirmed in Decision 1999/42/EC of 22 December 1998151

Belgium: confirmed in Decision 1999/652/EC of 15 September 1999152. For 1998, a recycling
target of 45% and a recovery target of 70% apply. For 1999, the targets are 50% for recycling
and 80% for recovery.

Netherlands: confirmed in Decision 1999/823/EC of 22 November 1999153

149

150

151

152

153

OJ L 52, 22.2.1997, p. 22-30.
OJ L 256, 19.9.1997, p. 13-19
OJ L 14, 19.1.1999, p. 24-29
OJ L 257, 2.10.1999, p. 20-23
OJ L 321, 14.12.1999, p. 19-23

109

                                                                                                                                                        
Further  notifications  have  been  received  by  Denmark  and  Sweden.  In  both  cases,  it  was
considered  that  the  programmes  exceeding  the  targets  were  not  measures  taken  by  the
Member State but programmes set up by industry in order to comply with the Directive. Such
programmes would not fall under the scope of article 6(6).

It  should  be  noted  that  the  directive  does  not  exclude  that  in  reality  higher  recovery  and
recycling rates are achieved (e.g. as  a result of high consumer participation) if these are not
the direct result of national programmes established by public authorities.

2.3.

Infringement proceedings

Currently,  infringement  proceedings  are  ongoing  with  regard  to  eight  Member  States.  In
addition to the proceeding concerning Austria and Ireland mentioned above in section 2.1,
these  are  the  following:  Germany  has  been  referred  to  the  European  Court  of  Justice  with
respect to the effects of a sanctioned 72% quota for refillable beverage containers on the free
movement of mineral waters. Finland has received a reasoned opinion for failing to ensure, in
breach  of  Article  7(1)(2)  of  the  Directive,  that  the  system  of  packaging  levy  is  non-
discriminatory,  open  to  all  operators  and  is  not  a  barrier  to  trade  or  competition.  The  cases
against Germany  and Finland both aim to ensure that the national systems which have been
set  up  respect  provisions  in  the  Directive  safeguarding  the  internal  market.  These  systems
have  thus  not  been  questioned  from  an  environmental  point  of  view.  The  Netherlands  has
been  referred  to  the  Court  for  the  failure  of  Dutch  legislation  to  formally  provide  for  the
setting up of such systems. During 2002, the Court ruled that France, Italy and the UK had
failed  to  include  a  specific  chapter  relating  to  packaging  waste  in  all  of  their  waste
management plans as required by Article 14 of the Directive.

3.

IMPLEMENTATION OF THE DIRECTIVE

3.1.

Prevention of packaging waste

Article 4 of the Packaging Directive provides that, in addition to the measures to prevent the
formation of packaging waste taken in accordance with Article 9 of the directive, additional
preventive  measures  must  be  implemented.  Such  other  measures  may  consist  of  national
programmes or similar actions.

Most  Member  States  have  adopted  measures  to  prevent  the  formation  of  packaging  waste.
Details are provided below.

In Austria, waste associations and collection and recovery systems provide information about
waste prevention and the advantages of reusable packaging systems.

In  Belgium,  article  11,  paragraph  2  of  the  law  on  product  standards  aims  at  promoting
sustainable production and consumption patterns on the basis of a standstill principle (ratio of
packaging to packed product). An implementation decision is being prepared. The managers
responsible for putting on the Belgian market products with more than 10 tonnes of packaging
are obliged to draft a prevention plan every three years.

In  Denmark, a packaging tax has been adopted on  the basis of  the  material,  environmental
burden  and  weight  of  the  packaging.  This  is  expected  to  have  a  preventive  effect  on  the
quantity of packaging waste. In addition, Denmark has a programme of subsidies for cleaner

110

technology, products etc. The Danish Environment Protection Agency is also working out a
waste prevention strategy.

In Finland, Government Decision No. 962/1997 lays down quantitative targets for packaging
waste. It sets a minimum goal to be attained by 30 June 2001 of a reduction of 6% in the ratio
of packaging waste to packaged goods consumed annually in Finland (primary responsibility
of the packaging producer). The principal preventive means are substantial reuse and deposit-
return  systems.  Manufacturers  are  making  increasing  use  of  reusable  pallets,  trolleys  and
plastic crates.

In  France,  the  fees  charged  by  the  recycling  systems  are  based  on  units  and  weight  of
packaging and give an incentive to prevent packaging waste. They also integrated criteria on
recyclability. Agreements with recycling systems also foresee that these produce  prevention
catalogues and best practice manuals for industry and consumers.

In  Germany,  there  are  criteria  for  the  “Blue  Angel”  eco-label  for  equipment  for  the
production of carbonated water.

In Greece, the National Organisation for the Alternative Management of Packaging and Other
Products (EOEDSAP; set up in accordance with article 5 of Law 2939/2001) provides for the
development  of  programmes  with  the  application  of  the  prevention  principle  as  the  key
component.

In Ireland, the producer responsibility and in particular the membership fees to the packaging
compliance scheme incentivise the minimisation of packaging by producers. The compliance
scheme  Repak  provides  best  practice  advice  to  its  members  to  prevent/minimise  packaging
and packaging waste. Various awareness campaigns (see section on information campaigns)
promote waste prevention as part of their programmes. Waste prevention is also emphasised
in regional waste management plans.

In Italy, further to maximising reuse, recycling and recovery, the packaging recovery system
set  up  by  the  legislative  decree  No.  22/97  draws  up  a  general  prevention  programme.  This
programme  undertakes  a  number  of  studies  and  initiatives  with  producers  and  users  of
packaging concerning the methods of producing goods and packaging, logistics, etc. with the
aim of reducing the amount of raw materials used and to cut packaging waste.

In  the  Netherlands,  prevention  measures  are  part  of  the  second  packaging  covenant.
Companies  are  obliged  to  implement  a  systematic  approach  to  improving  packaging  in
environmental  terms.  Companies  with  more  than  4  employees  and  who  place  more  than  50
tons of packaging made of paper/cardboard, glass, metal or plastic on the Dutch market must
report on the prevention measures to the implementing authority.

In  Portugal,  a  number  of  awareness  raising  initiatives  for  various  target  groups  were
launched.  The  focus  on  re-use  as  a  guiding  principle  in  Ministerial  Order  29-B/98  is  also
contributing  to  packaging  prevention.  As  a  further  example,  some  supermarkets  have  taken
steps to promote reusable carrier bags.

In  Spain,  Article  5(c)  of  Law  11/1997  provides  that  the  total  quantity  of  packaging  waste
arising  shall  be  reduced  by  at  least  10%  by  weight.  According  to  the  seventh  additional
provision in  Law  10/1998  persons  responsible  for  placing  on  the  market  packaged  products
generating  more  than  a  threshold  to  be  specified  by  the  government  have  to  draw  up

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prevention  plans  to  minimise  and  prevent  at  source  the  production  of  packaging  waste  and
any  adverse  effects  thereof.  The  national  programme  on  packaging  and  packaging  waste
provides for a series of investments totalling 350 million € for the period of 2000-2002.

In the United Kingdom, a tonnage obligation provides financial incentives to lower tonnage,
and thus costs.

3.2.

Measures to encourage reuse systems

Article 5 provides that Member States may encourage reuse systems of packaging, which can
be reused in an environmentally sound manner, in conformity with the Treaty.

Most  Member  States  have  introduced  measures  to  encourage  reuse  systems.  The  following
information is based on the replies to the questionnaire of Commission Decision 97/622/EC.
More  information  can  be  found  in  a  study  on  reuse  available  on  the  following  website:
http://europa.eu.int/comm/environment/waste/studies/packaging/reuse.htm.

Austria took measures with a view to administrative simplifications regarding the recording
and notification requirements of the relevant regulation.

In Belgium, reusable packaging is not subject to eco-taxes. Reusable packaging is exempted
from  the  take-back  obligations  of  the  Belgian  legislation  and  therefore  not  subject  to
payments  to  recycling  systems.  The  packaging  prevention  plans  shall  also  encourage  the
replacement of one-way by reusable packaging.

Denmark  has  a  system  under  which  beer  and  carbonated  soft  drinks  can  only  be  sold  in
approved  returnable  packaging154.  Wine  and  spirits  bottles  are  collected  through  municipal
schemes, the catering sector and the retail trade. Intact collected bottles are cleaned and sold
for refilling and a tax refund is granted for the export of such bottles. There is also substantial
reuse of transport packaging.

Finland  uses  taxes  and  deposit-return  systems  to  encourage  re-use  of  packaging.  A  levy  of
0.67  €155  per  litre  is  charged  on  disposable  packaging  (0.17  €  for  packaging  in  a  deposit-
refund recycling scheme). No levy is charged on refillable packaging. Deposits of 0.08 to 0.42
€  are  charged  in  deposit-refund  schemes  for  refillable  glass  and  PET  bottles.  Moreover,
Finland has a combined target for recovery and reuse (82% by 2001).

In Germany, there is a deposit obligation on one-way drinks packaging. This obligation does
not  apply  if  the  producer  participates  in  a  post-consumer  collection  and  recovery  system,
provided  drinks  sold  in  reusable  packaging  account  for  at  least  72%  of  drinks  sold  in
Germany156.

In  Greece,  the  packaging  alternative  management  programmes  are  also  intended  to  include
measures  to  promote  reusable  packaging  where  environmentally  sound  and  technically  and
economically feasible.

154

155

156

The Danish rules described in this paragraph have been subject to an infringement procedure during the
reference period. In the meantime, these measures have been modified and the case was withdrawn.
Figures calculated from Finnish marks (applicable during the reference period)
This 72% quota is subject to an open infringement procedure

112

                                                
In  Ireland,  the  awareness  campaigns  mentioned  in  the  section  on  information  campaigns
include  measures  to  promote  re-use.  Packaging  destined  for  re-use  is  excluded  from  the
calculations determining the amount of packaging placed on the market and whether or not a
producer is a major producer and thereby has  to fulfil more onerous producer  responsibility
obligations.

In Italy the annual general programme for the prevention and management of packaging and
packaging waste also identifies measures to increase the proportion of packaging waste which
can  be  reused,  including  improving  the  characteristics  of  such  packaging  so  it  is  able  to
withstand a higher number of trips.

In the Netherlands, beer, soft drinks and water may only be placed on the market in one-way
packaging if it does not undermine re-use systems, unless it can be demonstrated that one-way
packaging results in lower, or at most the same, environmental impact than re-use systems.

Portugal has set reuse targets for 1997-99 for soft drinks, beer, natural mineral water, spring
water or other bottled water and  table  wine (ministerial order 29-B/98 of  15  January 1998).
All  distributors  selling  certain  beverages  in  non-reusable  packaging  must  also  sell  the  same
category  of  products  in  reusable  packaging.  Certain  categories  of  beverages  sold  in  hotels,
restaurants  and  similar  establishments  must  be  sold  in  reusable  packaging,  unless  specific
systems  are  set  up  to  provide  for  the  selective  collection  and  recycling  of  non-reusable
packaging.

In Spain, the encouragement of reuse is part of the obligation of companies when drawing up
packaging prevention plans. The national programme on packaging and packaging waste sets
a series of targets for reuse of packaging and lays down how they are to be attained.

Sweden has reuse targets for glass and PET in its national legislation and encourages deposit-
return systems for beverage packaging.

In the United Kingdom, businesses are allowed to exclude any tonnage of packaging reused
from  their  tonnage  obligation  and  may  spread  the  cost  of  the  first-trip  obligation  over  four
years.

3.3.

Measures to set up return systems

According to Article 7, Member States must take the necessary measures to set up systems to
provide  for  the  return  and/or  collection  of  used  packaging  and/or  packaging  waste  and
systems  for  the  reuse  or  recovery,  including  recycling,  of  packaging  and/or  collected
packaging waste. These systems shall be open to the participation of the economic operators
of  the  sectors  concerned  and  to  the  participation  of  the  competent  public  authorities.  They
shall  also  apply  to  imported  products  under  non-discriminatory  conditions  and  shall  be
designed so as to avoid barriers to trade or distortions of competition in conformity with the
Treaty.

In most countries, producer responsibility systems have been set up and producers must take
back packaging waste, organise their own take back systems or participate in return systems
for the return, collection, reuse, recovery or recycling of packaging waste. Specific elements
of  such  schemes  that  have  been  provided  by  Member  States  in  their  replies  to  the
questionnaires  are  outlined  below.  The  only  countries  where  other  schemes  than  producer

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responsibility  are  applied  are  the  Netherlands  and  Denmark  who  rely  on  municipalities  or
agreements with industry to organise the return of packaging waste.

More detailed information on national systems can be found in: European Commission 2001,
European  Packaging  Waste  Management  Systems  (available  on  the  following  website:
http://europa.eu.int/comm/environment/waste/studies/packaging/epwms.htm.

In  Belgium,  return  systems  have  to  be  authorised  for  five  years.  Those  return  systems  are
responsible  for  attaining  the  recycling  and  recovery  targets  on  behalf  of  their  members.
Currently, two such systems exist: FOST Plus for household packaging and VAL-I-PAC for
industrial packaging.  For  re-usable  packaging,  a  deposit  applies  along  with  an  obligation  to
apply a symbol indicating that the packaging is reusable and subject to a deposit system.

In  Denmark,  municipal  systems  for  the  return  of  packaging  apply.  Additionally,  there  are
specific systems for the reuse of beer and soft drinks.

In Finland157, to date, eight organisations to supervise collection and recovery of packaging
waste have been established. These mainly material specific organisations have established a
joint organisation called PYR Oy to coordinate operations and ensure that agreed targets are
met.

In  France,  Eco-Emballages  and  Adelphe  have  been  authorised  for  household  packaging.
Several professional organisations have been set up to take back industrial packaging waste.

In  Germany,  there  is  one  such  system  for  household  packaging,  DSD  AG.  For  wholesale
trade  and  industry  and  for  the  collection  and  recovery  of  transport  packaging,  there  is  a
number  of  nation-wide  companies  specialised  in  the  collection  and  recovery  of  specific
packaging  types.  Additionally,  there  is  a  multitude  of  other  waste  management  companies
managing return and recovery operations on behalf of third parties.

In Greece, return systems have to be approved by EOEDSAP158. Applicants have to submit
documentation on the necessary technical  and  financial infrastructure. The approval is valid
for six years.

In Ireland, the regional waste management plans developed by  the  local  authorities  contain
measures to increase separate collection of recyclable waste. At the end of 2000, segregated
household  collection  had  been  introduced  in  Dublin  and  prepared  in  other  urban  areas.
Nationally,  over  1000  bring  banks  and  38  civic  amenity  sites  were  in  place.  There  is  one
approved  packaging  waste  compliance  scheme  for  commercial  and  household  packaging
waste, Repak. The quantities of packaging recovery with the support from Repak membership
fees increased from 93,000 tonnes in 1998 to 146,000 tonnes in 2000.

In Italy, there  are six  sectoral consortia (paper,  plastics, wood,  glass,  steel  and  aluminium).
These  consortia  co-operate  within  an  overall  national  consortium,  CO.NA.I.  All  these
consortia are governed by statutes approved by joint decrees of the environment and industry
ministries. CO.NA.I is responsible for the organisation of an integrated return system in co-
operation with public authorities. For this purpose, a programme agreement with the National

157

158

There  is  an  open  infringement  procedure  concerning  the  openness  to  participation  of  certain  return
systems according to Article 7 of the Packaging Directive.
National Organisation for the Alternative Management of Packaging and Other Products

114

                                                
Association of Italian Municipalities (ANCI) was signed in 1999. The  six  sectoral  consortia
prepare  contributions  to  the  annual  programme  for  the  prevention  and  management  of
packaging and packaging waste. This programme identifies among others measures to achieve
the recovery and recycling targets. It also fixes material specific targets every five years.

In  the  Netherlands,  there  is  a  strong  role  of  municipalities  in  the  collection  of  packaging
waste.  A  covenant  was  concluded  with  the  relevant  industry  sectors  which  specifies  certain
obligations for industry. 159

In Luxembourg, one system has been authorised as a collective return system for municipal
packaging waste (VALORLUX).

In Portugal, Sociedade Ponto Verde (SPV) has been licensed to manage the return system for
municipal packaging waste. This licence has been extended to non-municipal waste in 2000.
Within  SPV,  VERDORECA  manages  the  return  of  non-reusable  packaging  from  hotels,
restaurants and other catering  establishments. Next to  taking  back unused  medical products,
SIGREM has also been licensed to take back packaging from such products.

In  Spain,  chapter  IV  of  Law  11/1997  governs  the  systems  for  the  return  of  municipal
packaging  waste.  More  specifically,  this  includes  provisions  on  (i)  the  deposit,  return  and
collection system; and  (ii)  the integrated  management system.  The first  additional provision
of Law 11/1997 lays down the obligations for commercial and industrial packaging waste.

In  Sweden,  material  companies  have  been  created  for  glass,  plastic,  paper  and  cardboard,
corrugated  board,  metal,  aluminium  cans  and  PET  bottles.  REPA-Registret  administers  the
fees.  Förpackningsinsamlingen  overlooks  the  collection  systems.  All  companies  cover
household  and  industrial  packaging  throughout  Sweden  through  kerbside  collections,  from
blocks of flats, municipal recovery centres and regional collection points.

In  the  United  Kingdom,  there  is  a  range  of  collection  systems,  including  local  authorities,
packaging  compliance  schemes,  waste  collectors  and  others.  For  recovery  and  recycling  of
packaging waste, a producer responsibility system has been established, under which 80% of
obligated  parties  comply  through  packaging  compliance  schemes  who  discharge  the  legal
obligation  to  achieve  recovery  and  recycling  targets.  Some  businesses  discharge  the
obligation themselves; where they do, they will use established waste management companies
and existing systems to discharge their obligations.

3.4.

Encouragement of the use of recycled material

Article  6(2)  provides  that,  where  appropriate,  Member  States  shall  encourage  the  use  of
materials  obtained  from  recycled  packaging  waste  for  the  manufacturing  of  packaging  and
other products.

The majority of countries have taken such measures. Details can be found below.

In Belgium, the managers responsible for packaging are encouraged to use recycled materials
in the framework of the prevention plans.

159

This system is subject to an open infringement procedure.

115

                                                
In Denmark, the environment  and  weight  based packaging tax covering particular products
makes provision for a 40% tax reduction when recycled plastic and paper are used.

In France, the national environment protection agency ADEME and the return system Eco-
Emballages  support  research  and  development  programmes  to  develop  applications  for  the
use  of  secondary  materials.  Eco-emballages  publishes  a  catalogue  of  products  made  from
recycled materials destined for public purchasers.

In Germany, producers and distributors must assume product responsibility by giving priority
to the use of recoverable waste or secondary materials when manufacturing products. Public
purchasers must check to what extent products from recycled materials can be used in public
procurement. The “Blue  Angel”  eco-labelling  scheme  pays particular  attention to the use of
recycled materials.

In Ireland, a Market Development Programme shall be drawn up by a Market Development
Group  comprising  various  representatives  from  government  and  private  actors.  This
Programme  shall,  inter  alia,  be  based  on  a  report  entitled  “A  Strategy  for  Developing
Recycling Markets in Ireland”, commissioned in 2000 and completed in 2002.

In  Italy,  the  “general  programme  for  the  prevention  and  management  of  packaging  and
packaging  waste”  drawn  up  by  the  national  return  system  consortium  CO.NA.I.  contains
measures  to  increase  the  proportion  of  packaging  waste  which  can  be  recycled.  Public
authorities  are  responsible  for  encouraging  the  use  of  recycled  materials  from  packaging
waste.

In the Netherlands, the packaging covenant contains relevant provisions.

In Portugal, there  are  Community  funded projects concerning  the use of recycled materials
(Plano Operacional do Ambiente and PEDIP).

In  the  United  Kingdom,  packaging  compliance  schemes  are  required  to  have  policies
showing  steps  to  increase  use  of  recycled  packaging  waste  in  packaging  or  product
manufacturing. Local authorities run “Buy Recycled” campaigns and the Government’s “Are
You Doing Your Bit” campaign encourages consumers to buy recycled products.

3.5.

Information campaigns

According  to  Article  6(4),  the  measures  and  targets  referred  to  in  Art.  6  paragraphs  1
(recovery  and  recycling  targets)  and  2  (use  of  recycled  materials)  shall  be  published  by
Member States and shall be the subject of an information campaign to the general public and
economic  operators.  Article  13  provides  that  Member  States  shall  take  measures  to  ensure
that users of packaging, including in particular consumers, obtain the necessary information
on return, collection and recovery systems, their role in contributing to reuse, recovery and
recycling of packaging  and  packaging  waste,  the  meaning  of  markings  and  the  appropriate
elements of waste management plans.

All Member States have published the measures and targets on recycling and recovery. Most
countries have reported about a very wide range of information and communication measures.

In  Austria,  the  targets  of  the  Packaging  Regulation  were  published  as  part  of  the  Federal
Waste Management Plan. The collection and recovery systems have an obligation to carry out

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public  awareness  campaigns.  Waste  advisers  and  local  authority  publications  provide
information at local level.

In  Belgium,  the  Commission  interrégionale  de  l’Emballage  (CIE)  organises  information
events both for professionals and the  concerned public.  It  also participates in environmental
fairs.  It  has  published  a  so-called  “Green  Brochure”  to  give  information  to  the  responsible
packaging  managers.  More 
the  following  web-site:
http://www.ivcie.be. The  return systems FOST Plus and VAL-I-PAC  have been  encouraged
to distribute information material for the general public and for companies.

information  can  be  found  on 

An  information  campaign  for  consumers  was  organised.  In  co-operation  with  the  Belgian
Federation of Distribution Enterprises (FEDIS), posters were distributed to shopping centres
informing about the participation in recycling systems, encouraging participation in separate
collection, an explanation of the “Green Dot” symbol and the annual licence fee paid to the
return system. The information obligation for retailers is also part of a brochure published by
the Interregional Packaging Commission.

In  Denmark,  various  meetings  and  events  on  the  Packaging  Directive  and  its  obligations
were held. The Environment Protection Agency has compiled a guide for the municipal waste
authorities  providing  information  and  advice  on  the  reuse  of  plastic  and  paper/cardboard
transport packaging.

In  Finland,  the  targets  have  been  published  in  a  leaflet  (“Pakkausjätehuolto  uudistuu”,
Changes  in  Packaging  Waste  Management).  This  leaflet  has  been  distributed  to  regional
environment  centres,  local  authorities,  waste  management  companies  and  thousands  of
packers  and  importers.  It  has  also  been  distributed  at  trade  fairs  and  is  also  available  on
internet. There is also a series of press bulletins available. There are various publications, TV
and  radio  spots,  internet  pages  by  PYR,  the  national  umbrella  organisation  of  the  return
systems. PYR and the return systems are also engaged in various events such as trade fairs,
conferences, training courses, telephone campaigns for companies, etc. Other bodies involved
in information activities include the Association of Packaging Technology and Research and
the  Association  of  Finnish  Local  and  Regional  Authorities,  a  number  of  individual  local
authorities and industry and trade associations.

Local authorities and waste management companies have provided information to consumers,
e.g. by distributing leaflets or by specific information. on the collection of small metal waste.
PYR  and  the  producer  organisations  have  made  campaigns  via  TV,  radio  spots,  newspaper
articles, leaflets, brochures and posters, help lines, environment education in schools and with
scout organisations, Internet pages, etc.

In  France,  the  packaging  data  are  sent  to  the  members  of  the  Consultative  Commission  on
household packaging and a wide  range of other  actors. Various publications  by  the national
environment agency ADEME are widely distributed and presented at trade fairs. The data are
also available on ADEME’s website. Information on the selective collection of packaging is
most  directly  given  on  a  local  level.  The  authorised  packaging  management  systems  have
increased  their  financial  support  for  information  campaigns  by  municipalities  from  €  11
million  in  1998  to  €  23  million  in  2001.  This  is  9%  of  all  financial  support  paid  to
municipalities. Among the many different actions, there  are also so-called  “ambassadors for
selective collection”. They are part of a youth employment programme and contact citizens to
explain  the  selective  collection  and  have  a  direct  dialogue.  These  local  activities  are
complemented by national information campaigns organised by the Environment Ministry in

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co-operation  with  the  Environment  Agency  (ADEME)  and  the  authorised  packaging
management systems. These include radio and TV spots, press advertisements, internet sites,
brochures, games for children, “clean vacations” etc. Information for citizens is also provided
in an “annual report on the price and the quality of the public waste disposal service” prepared
by each local authority.

In Germany, the targets have been published in the Official Journal (Bundesgesetzblatt) and
been subject to various public awareness campaigns at federal, regional and local level as well
as  by  industry.  The  operator  of  a  dual  waste  management  system  and  the  local  authorities
have to co-ordinate on public information. Notices in shops provide information on the return
of grouped packaging in accordance  with §5 of the Packaging Ordinance. Arrangements for
the return of transport packaging are made public by market competition. The results  of  the
national  umbrella  organisation  for  household  packaging  take  back,  DSD  AG,  are  published
annually.

In  Greece,  an  information  campaign  aimed  at  producers  and  professional  organisations  has
been started. A campaign for the general public is planned.

In  Ireland,  the  public  was  informed  on  the  targets  of  the  packaging  regulations  through
ministerial speeches, policy and press statements, seminars and by public advertisement and
publicity. Businesses coming within the scope of the regulations were notified by letters and
personal  visits  from  local  authorities  and  Repak  personnel  of  their  obligations.  The
Department  of  the  Environment  and  Local  Government  operates  a  “The  Environment  –  it’s
easy to make a difference” awareness programme for consumers to promote waste prevention
and  minimisation, 
and
production/consumption. The Department has also produced a number of booklets and leaflets
covering a wide range of information on waste recovery and informing people of the various
actions that can be undertaken. This information is also available through the website of the
environmental information office of the Department (ENFO). All local authorities promoted
awareness of  the  return,  collection  and recovery systems  through leaflets  to  households  and
businesses, advertisements in local press and ratio and through their websites. In addition all
local  authorities  have  assigned  Environmental  Awareness/Education  Officers  to  promote
waste minimisation, reuse and recovery, with an emphasis on personal contact with all parties
concerned. This also includes seminars, open days, supermarket campaigns, etc.

development 

sustainable 

recycling, 

re-use 

and 

In  Italy,  CO.NA.I  and  the  individual  sector  consortia  have  undertaken  various  information
campaigns aimed at consumers and users of packaging. Details of the information campaigns
are set out in a specific chapter of the general prevention programme.

In  Luxembourg,  an  information  campaign  is  being  prepared.  In  its  authorisation,
VALORLUX has been obliged to provide adequate information to consumers.

In the Netherlands, relevant provisions are contained in the second packaging covenant.

In Portugal, a large range of awareness raising instruments were used by the Waste Institute
(INR),  the  Autonomous  Region  of  Madeira  (ARM),  the  Sociedade  Ponto  Verde  (SPV)  and
the  Integrated  system  for  waste  medicinal  products  and  their  packaging  (SIGREM).  This
includes  a  Committee  for  monitoring  the  management  of  packaging  and  packaging  waste
(CAGERE);  ad  hoc  groups;  conferences,  seminars  and  events;  strategic  plans;  radio
advertisements and various press, radio and TV events; a telephone help line; distribution of
information  material;  a  mobile  educational  exhibition  for  schools  and  public  events  and

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awareness-raising sessions at schools, supermarkets etc.; information of businesses; websites.
The organisation VERDORECA provided information to hotels, restaurants, etc.

In  Spain,  the  measures  and  targets  have  been  published  in  Article  5  of  Law  11/1997.
Information  campaigns  have  been  undertaken  both  by  the  central  government,  regional  and
local authorities, and by the integrated packaging and packaging waste management systems.
There  were  various  communication,  training  and  public  awareness  events.  These  activities
were  focused  on  the  general  public  and  specific  sectors  of  society  such  as  consumers  and
users, school children, concerned businesses, civil servants. Media used include press, radio,
TV, cinema, videos, mail, outdoor advertising, exhibitions, trade fairs, seminars etc. Materials
produced  include  teaching  modules  and  other  educational  materials,  leaflets,  brochures,
photographs, stickers, badges etc.

In  Sweden,  public  authorities  have  published  reports,  internet  publications,  information
leaflets  and  brochures.  Similar  information  was  produced  by  the  operators  of  the  return
systems aimed both at the general public and at concerned industry.

In  the  United  Kingdom,  the  regulations  have  been  published  both  in  Great  Britain  and
Northern Ireland, along with non-statutory guidance (“The User’s Guide”). The Environment
Agency  and  the  Scottish  and  Northern  Irish  agencies  also  publish  guidance.  This  is  also
available on the government websites. Information campaigns include “The Forward Look for
Planning Purposes”  and the Government’s  “Are You  Doing  Your  Bit”  campaigns,  aimed  at
the public and at economic operators. Compliance schemes must have policies on providing
information  to  users/consumers  of  packaging.  Businesses  selling  packaging  have  an
obligation  to  provide  information  to  consumers.  Various  publications  inform  the  users  of
packaging.

3.6.

National  Standards  relating  to  the  essential  requirements  and  to  the
concentration levels of heavy metals

According to Article 9, only packaging that complies with the essential requirements of Annex
II of the Directive may be placed on the market. For this purpose, harmonised standards shall
give presumption of conformity with the essential requirements. In the absence of harmonised
standards,  national  standards  can  also  give  presumption  of  conformity.  Article  11  sets
concentration for four heavy metals in packaging.

At  Community  level  the  references  to  standards  EN  13428:2000  and  EN  13432:2000  have
been published in Commission Decision 2001/524/EC160. This means that these two standards
are considered harmonised standards. EN 13428:2000 only gives presumption of conformity
with  the  first  two  indents  of  point  1  of  the  essential  requirements  (quantitative  prevention,
design and minimisation of environmental impact) but not to the third indent (prevention of
hazardous substances). EN 13432:2000 covers the biodegradable  and compostable nature of
packaging. The references to standards on reuse, energy recovery and material recycling have
not been published, and therefore these standards do not give presumption of conformity with
the  relevant  essential  requirements.  CEN  has  received  a  second  mandate  to  modify  these
standards with a view to their adoption as harmonised standards.

160

OJ L 190, p. 21-23

119

                                                
Only  a  few  countries  have  adopted  national  standards.  The  majority  of  Member  States
indicated  their  intention  to  wait  for  the  adoption  of  the  harmonised  standards.  Germany,
Ireland, Italy and the United Kingdom have indicated the existence of national standards in
the area covered  by the  question.  Finland has adopted  the standards EN 13427,  EN 13428,
EN 13429, EN 13430, EN 13431 and EN 13432 as national standards relating to the essential
requirements  for  packaging.  There  is  no  national  standard  on  heavy  metal  concentrations.
This is considered to be covered by CEN report CR 13695-1.

3.7.

Specific chapter on waste management plans

According  to  Article  14,  Member  States  must  include  a  chapter  on  the  management  of
packaging and packaging waste in the waste management plans required pursuant to Article
7 of Directive 75/442/EEC.

All Member States have indicated either that such chapters exist in their waste management
plans or that they have taken the necessary legislative measures to ensure that they are part of
regional  waste  management  plans.  During  2002,  the  Court  ruled  that  France,  Italy  and  the
UK had failed to include a specific chapter relating to packaging waste in all of their waste
management plans as required by Article 14 of the Directive.

3.8.

Economic instruments

Article 15 foresees that, in the absence of Community economic instruments, Member States
may  adopt  such  measures  in  accordance  with  the  principles  governing  Community
environmental policy, inter alia, the polluter-pays principle.

As  indicated  in  the  section  on  return  systems,  most  Member  States  have  implemented  a
producer  responsibility  system.  Additional  measures  or  specific  aspects  of  producer
responsibility systems are outlined below:

In  Belgium,  a  system  of  eco-taxes  is  applied.  Producers  of  one-way  packaging  are  exempt
from this eco-tax if recycling targets are achieved.

In  Denmark, a packaging tax has been  adopted on  the basis  of  the  material,  environmental
burden  and  weight  of  the  packaging.  There  is  a  tax  on  non-returnable  packaging  and  on
carrier bags. For beer and soft drinks, an obligatory deposit applies.

Finland  uses  taxes  and  deposit-return  systems  to  encourage  re-use  of  packaging.  A  levy  of
0.67  €161  per  litre  is  charged  on  disposable  packaging  (0.17  €  for  packaging  in  a  deposit-
refund recycling scheme). No levy is charged on refillable packaging. Deposits of 0.08 to 0.42
€ are charged in deposit-refund schemes for refillable glass and PET bottles.

In  France,  a  reduced  VAT  rate  (5.5%  instead  of  19.6%)  applies  to  the  separate  collection,
sorting and treatment of waste covered by contracts with authorised return systems.

In  Greece,  there  are  certain  financial  schemes  for  investments  in  packaging  recycling  and
recovery.

161

The reference period being 1998 to 2000, the amounts are calculated from Finnish marks.

120

                                                
In Spain, there is a national investment scheme with a volume of 350 million € for the period
2000 to 2002. Many investments are also planned on regional and local levels.

The United Kingdom applies a system of packaging recovery notes (PRNs). This system is
used to demonstrate compliance with the recovery/recycling obligations.

4.

QUANTITIES OF PACKAGING WASTE, RECOVERY AND RECYCLING RATES

4.1.

Introduction

Article  12  of  the  Packaging  Directive  requires  Member  States  to  establish  databases  on
packaging  and  packaging  waste.  In  addition  it  requires  Member  States  to  provide  the
Commission  with  their  available  data  according  to  Commission  Decision  97/138/EC  of  3
February  1997162  establishing  the  formats  relating  to  the  database  system  pursuant  to  the
Packaging Directive.

Article  3  of  Commission  Decision  97/138/EC  requires  Member  States  to  provide  the
Commission with data covering the whole of each calendar year (starting with 1997) within
18 months of the end of the relevant year. According to Article 7 of this Decision the data is
intended to monitor the implementation of the objectives of Directive 94/62/EC and to serve
also for information purposes and as a basis for future decision-making.

All Member States have provided data for 1997 to 1999. The only exception is Portugal for
1997. At the time of drafting this report, the data for 2000 have only partly been received and
therefore are not considered here.

Article 7 of Decision 97/138/EC states that data on the reuse of packaging and for packaging
made from materials other than glass, paper/fibreboard, metal and plastic is to be provided on
a voluntary basis only. However, only Germany, Belgium, Italy, Portugal, UK, Spain, France
and Austria have provided 1999 data related to wood packaging. Denmark, Germany and the
UK  are  the  only  Member  States  to  have  provided  the  Commission  with  data  on  reuse
according  to  the  voluntary  format  established  in  Decision  97/138/EC.  Due  to  difficulties  in
analysing incomplete data on wood packaging and on the reuse of packaging in general, this
will not be considered in this report.

4.2.

Packaging Waste Generation

The  total  amount  of  waste  packaging  generated  within  the  European  Union  in  1997  was
around 60 million tonnes. This increased in 1998 and 1999 to a total of around 63.5 million
tonnes in 1999 (see table 1). Figure 1 shows the contribution to the total amount of packaging
waste  generated  by  different  packaging  materials,  the  so-called  “packaging  mix”.  This
packaging  mix  has  remained  relatively  constant  from  1997  to  1999  with  percentages  by
weight  as  follows  (1999  data):  24.2%  glass,  15.9%  plastic,  40.5%  paper/fibreboard,  7.0%
metals and 12.1% wood. Other packaging materials contribute less than 1%.

Figure  2  shows  the  contributions  to  the  total  amount  of  packaging  waste  generated  in  the
European Union by different Member States. The largest contributors in terms of tonnage in

162

OJ L 052 22/02/1997 P. 0022-0030

121

                                                
1999 are Germany (15 million tonnes), France (12 million tonnes), Italy (11 million tonnes),
the UK (9 million tonnes) and Spain (6 million tonnes).

In  order  to  compare  the  contributions  of  each  Member  State,  it  is  necessary  to  perform  a
normalisation.  The  normalisation  factor  that  was  chosen  in  the  past  for  this  purpose  was
population,  however  it  is  also  possible  to  use  GDP163.  The  GDP  for  a  Member  State  is
necessarily dependent upon its population but it also indicates the economic activity that this
population  generates.  It  is  perhaps  therefore  a  more  appropriate  normalisation  factor  than
simply to use population. Both methods of normalisation will be used in this report.

The amount of waste packaging generated by each Member State both in terms of per head of
population and per unit of GDP are shown in Table 2 and Figure 3.

4.2.1.

Packaging waste generated per capita in Member States

On average across the whole of the European Union the amount of waste packaging generated
per head of population increased from 161 kg in 1997 to 169 kg in 1999.

The  Member  States  that  generated  the  lowest  amounts  of  packaging  waste  per  head  of
population were Greece, Finland, Sweden and Portugal. These Member States each generated
less than 130 kg per head of population in 1997, 1998 and 1999. However, the trend in both
Greece  and  Portugal  suggests  much  greater  amounts  of  waste  packaging  per  head  of
population will be generated in the future.

The  Member  states  that  generated  the  highest  amounts  of  packaging  waste  per  head  of
population  were  France,  Italy,  Ireland,  Luxembourg,  Germany  and  the  Netherlands.  These
Member States each  generated more  than 160 kg  per  head  of population  in  1997,  1998  and
1999. The trend in all of these countries suggests that they will generate  greater amounts of
packaging waste per head of population in the future.

The only Member States who reduced the amount of packaging waste generated per head of
population between 1997 and 1999 were the Netherlands, Denmark, Austria and the UK.

4.2.2.

Packaging waste generated per unit of GDP in Member States

On average across the whole of the European Union the amount of waste packaging generated
per unit of GDP decreased from 8200 kg in 1997 to 8000 kg in 1999.

The Member  States that generated the lowest  amounts  of  packaging  waste  per  unit  of  GDP
were  Finland,  Sweden,  Luxembourg  and  Greece.  These  Member  States  each  generated  less
than 6000 kg per 1000 PPS of GDP in 1997, 1998 and 1999.

The Member States that generated the highest amounts of packaging waste per unit of  GDP
were  France,  Spain,  Italy,  Ireland,  Germany  and  the  UK.  These  Member  States  each
generated more than 7000 kg per 1000 PPS in 1997, 1998 and 1999.

163

Statistics on population and gross domestic product (GDP) were taken from the 2001 Eurostat Yearbook.
Current exchange rates do not exactly reflect national price levels. Therefore  GDP  is  converted  into  an
artificial currency called PPS – the EU purchasing power unit – based on relative prices and designed to
enable correct comparisons of volume of goods and services produced by the countries.

122

                                                
Most  Member  States  reduced  the  amount  of  packaging  waste  generated  per  unit  of  GDP
between  1997  and  1999.  The  only  Member  States  that  increased  the  amount  of  packaging
waste generated per unit of GDP between 1997 and 1999 were Portugal, Italy and Greece.

4.3.

Overall Recycling and Recovery

Article 6(1) of Directive 94/62/EC sets the following targets for the recycling and recovery of
all packaging waste in 2001: 50-65% recovery and 25-45% recycling. In addition a minimum
of 15% recycling must be achieved for each packaging material.

Article  6(5)  of  Directive  94/62/EC  allows  Greece,  Ireland  and  Portugal  to  postpone  the
attainment of these targets to 2005 however they are still required to recovery at least 25% of
their packaging waste in 2001.

Table 3 and Figures 4 to 6 show the achievements of Member States in 1997, 1998 and 1999
in terms of the total recovery and recycling of all packaging waste generated on their territory.
Quantities  of  packaging  waste  exported  for  recycling/recovery  have  been  included  and
imported packaging excluded when calculating these achievements.

4.3.1. Current achievement of minimum requirements for 2001

All  the  Member  States  in  the  EU12,  i.e.  excluding  Greece,  Ireland  and  Portugal,  achieved
more than 25% recycling in 1999 and all except Spain, Italy and the UK achieved more than
50% recovery in 1999. Portugal and Greece have both achieved more than 25%  recovery in
1999. However, Ireland still remained below 25%.

4.3.2.

Exceeding maximum requirements

The following Member States achieved levels of recycling in 1998 or 1999 that exceeded the
2001  maximum  requirement  of  45%  recycling:  Belgium,  Denmark,  Germany, 
the
Netherlands,  Austria,  Finland  and  Sweden.  All  of  these  Member  States  except  Finland  also
exceeded the maximum 2001 requirement of 65% recovery164.

4.4.

Material-Specific Recycling

The achievements of Member States in 1997, 1998 and 1999 in terms of the material-specific
recycling of glass, paper, metal and plastic packaging waste are shown in Table 4 and Figure
7.

As was stated previously, Article 6(1) of Directive 94/62/EC requires that in 2001 a minimum
of  15%  recycling  will  be  achieved  for  each  packaging  material.  Article  6(5)  of  Directive
94/62/EC  allows  Greece,  Ireland  and  Portugal  to  postpone  the  attainment  of  this  target  to
2005.

164

Austria,  Belgium  and  the  Netherlands  notified  the  Commission  according  to  Article  6(6)  of  Directive
94/62/EC  of  national  measures  to  set  higher  targets  than  the  targets  in  the  Directive.  In  Decisions
1999/42/EC, 1999/652/EC and 1999/823/EC respectively the Commission confirmed these measures.

123

                                                
4.4.1. Glass Packaging Recycling

On average across the whole of the European Union165, the total amount of glass packaging
recycling has increased from 7.4 million tonnes (or about 50% of waste arising) in 1997 to 8.5
million  tonnes  (or  about  55%  of  waste  arising)  in  1999.  All  Member  States  achieved  more
than 15% recycling for glass packaging in 1997, 1998 and 1999.

4.4.2.

Paper Packaging Recycling

On  average  across  the  whole  of  the  European  Union,  the  total  amount  of  paper/fibreboard
packaging recycling has increased from 13.9 million tonnes (or about 60% of waste arising) in
1997  to  15.9  million  tonnes  (or  about  62%  of  waste  arising)  in  1999.  All  Member  States
except Ireland166 in 1999 achieved more than 15% recycling  for  paper/fibreboard packaging
in 1997, 1998 and 1999.

4.4.3. Metal Packaging Recycling

On  average  across  the  whole  of  the  European  Union,  the  total  amount  of  metal  packaging
recycling has increased from 1.9 million tonnes (or about 44% of waste arising) in 1997 to 2.1
million  tonnes  (or  about  47%  of  waste  arising)  in  1999.  Most  of  the  Member  States  in  the
EU12  (i.e.  excluding  Greece,  Ireland  and  Portugal)  achieved  more  than  15%  recycling  for
metal packaging in 1997, 1998 and 1999. Exceptions are Italy for all three years, Luxembourg
for  1998  and  Finland  in  1997.  Among  the  three  countries,  for  which  the  15%  target  only
applies by 2005, Ireland also achieved more than 15% in 1999. Greece achieved 11% in 1999
as in 1998, down from 13% in 1997 whereas Portugal failed to recycle more than 1% of its
metal packaging waste in 1998 or 1999.

4.4.4.

Plastic Packaging Recycling

On  average  across  the  whole  of  the  European  Union,  the  total  amount  of  plastic  packaging
recycling has increased from 1.6 million tonnes (or about 17% of waste arising) in 1997 to 2.1
million  tonnes  (or  about  21%  of  waste  arising)  in  1999.  Only  Belgium,  Germany,  Italy,
Luxembourg,  the  Netherlands,  Austria  and  Sweden  achieved  more  than  15%  recycling  for
plastic packaging in 1999.

4.5.

Conclusions

The  results  shown  in  this  paper  make  it  clear  that  Directive  94/62/EC  has  encouraged
increases  in  the  recovery  and  recycling  of  packaging  waste.  In  addition,  although  total
tonnages  of  packaging  waste  continue  to  increase  in  most  Member  States,  a  decoupling
between economic growth and growth of packaging waste has occurred for the EU as a whole
and for many individual Member States in the period 1997 to 1999. The Directive had to be
implemented by Member States by 1996. It is therefore reasonable to assume that most of the
increases in the recycling and recovery of packaging waste from 1997 to 1999 are the direct
result of the Directive.

It is possible to make a rough estimate of about €200 million for the environmental savings
that have resulted from these higher rates of recycling and recovery, though it is not possible

165

166

This analysis does not include any increases in recycling in Portugal due to a lack of 1997 data.
The 15% target applies for Ireland only by 2005.

124

                                                
to  say  exactly  how  much  of  this  is  due  to  the  implementation  of  Directive  94/62/EC  on
packaging and packaging  waste.  This  calculation  is  explained  in  Table  5.  A  more  complete
assessment  of  the  effects  of  the  directive  is  currently  not  possible,  as  this  would  require
additional analytical work.

Additionally,  the  results  of  a  cost-benefit  study  on  possible  targets167  support  the  feasibility
and  usefulness  of  a  considerable  increase  in  recycling  and  recovery  targets  in  the  proposed
revision of the Packaging Directive168.

167

168

RDC/Pira 2001: Evaluation of costs and benefits for the achievement of reuse and recycling targets  for
the different packaging materials in the frame of the Packaging and Packaging Waste Directive 94/62/EC,
http://europa.eu.int/comm/environment/waste/studies/packaging/public_discussion.pdf
Proposal  for  a  Directive  of  the  European  Parliament  and  the  Council  amending  Directive  94/62/EC  on
packaging and packaging waste, COM(2001) 729 final, OJ C 103E, 30.4.2002, p.17.

125

                                                
Annex IV

126

Member State

B

DK

D

EL

E

F

IRL

I

L

NL

A

P

FIN

S

UK

1997

1.356.100

906.792

1998

1.426.360

837.927

1999

1.477.830

846.061

13.712.900

14.090.200

14.626.800

710.800

5.834.671

794.800

6.318.358

855.500

6.239.979

11.070.000

11.641.000

11.999.000

602.197

682.688

704.038

9.529.000

10.846.000

11.122.000

76.508

2.745.000

1.269.000

838.878169

418.300

923.400

77.496

2.525.000

1.115.000

1.025.025

424.100

955.200

78.511

2.593.000

1.130.000

1.211.172

442.600

972.000

10.003.325

10.244.000

9.200.244

EU15

59.996.871

63.003.154

63.498.735

Table 1. Packaging Waste arising (tonnes of packaging)

169

Extrapolation from 1998 and 1999 data. No data for 1997 are available as the Portuguese legislation only
took effect after this date.

127

                                                
1997 Packaging Mix

WOOD
11%

OTHER
1%

GLASS
25%

METALS
7%

PAPER AND 
FIBRE 
BOARD
40%

PLASTIC
16%

Figure 1: Packaging mix in the EU in 1997.

7 0 . 0 0 0 . 0 0 0

6 0 . 0 0 0 . 0 0 0

5 0 . 0 0 0 . 0 0 0

4 0 . 0 0 0 . 0 0 0

3 0 . 0 0 0 . 0 0 0

2 0 . 0 0 0 . 0 0 0

1 0 . 0 0 0 . 0 0 0

0

1 9 9 7

1 9 9 8

1 9 9 9

P a c k a g i n g  W a s t e  A r i s i n g  ( t o n n e s )

Figure 2: Total amount of packaging waste generation

128

U K

S

F IN

P

A

N L

L

I

I R L

F

E

E L

D

D K

B

Packaging Waste Generated
(kg per head of population)

Packaging Waste Generated

(kg per 1000 PPS of GDP)

1997

1998

1999

1997

1998

1999

133

172

167

68

148

189

165

166

183

176

157

84

82

104

170

161

140

158

172

76

161

198

185

188

183

161

138

103

82

108

173

168

145

159

178

81

158

203

188

193

183

165

140

121

86

110

155

169

6193

6211

6166

7399

6578

6354

7973

7879

7845

5311

5671

5727

9609

9850

9142

9627

9672

9484

8183

8432

7788

8382

9221

9121

5364

5082

4648

8065

7067

6882

7264

6114

5950

5869

6777

7548

4223

4000

3996

5293

5254

5076

8580

8383

7167

8248

8286

7963

Member

State

B

DK

D

EL

E

F

IRL

I

L

NL

A

P

FIN

S

UK

EU15

Shaded values indicate estimates based on trends have been used where data has not been supplied by Member
States in accordance with Decision 97/138/EC.

Table 2: Packaging Waste Generated Per Capita and GDP

129

E U 1 5

U K

S

F IN

P

A

N L

L

I 

IR L

F

E  

E L

D  

D K

B

0

2 0

4 0

6 0

8 0

1 0 0

1 2 0

1 4 0

1 6 0

1 8 0

2 0 0

2 2 0

P a c k a g in g  W a s t e  G e n e r a t e d  ( k g  p e r  h e a d )

Figure 3 Packaging Waste Generated Per Capita

1 9 9 9

1 9 9 8

1 9 9 7

130

Table 3: Total recovery and recycling

Member State

1997

1998

1999

1997

1998

1999

Total Recovery (%)

Total Recycling (%)

B

DK

D

EL

E

F

IRL

I

L

NL

A

P

FIN

S

UK

EU15

71

92

80

34

42

57

17

37

55

85

72

35

60

73

41

56

62

40

81

37

34

40

15

30

51

55

61

42

58

24

46

64

50

80

35

34

42

15

32

65

62

65

35

45

75

28

47

59

53

79

34

38

42

17

34

40

64

66

35

50

65

35

50

62

84

83

37

37

55

15

32

51

78

66

54

65

27

53

73

89

81

35

37

56

15

34

65

84

70

35

55

82

33

54

131

P a c k a g in g   R e c o v e r y   a n d   R e c y c lin g   R a t e s   -   1 9 9 9

1 0 0 %

9 0 %

8 0 %

7 0 %

6 0 %

5 0 %

4 0 %

3 0 %

2 0 %

1 0 %

0 %

k
r
a
m
n
e
D

s
d
n
a
l
r
e
h
t
e
N

y
n
a
m
r
e
G

n
e
d
e
w
S

a
i
r
t
s
u
A

i

m
u
g
e
B

l

d
n
a
n
F

i

l

e
c
n
a
r
F

g
r
u
o
b
m
e
x
u
L

i

n
a
p
S

K
U

l

y
a
t
I

l

a
g
u
t
r
o
P

e
c
e
e
r
G

d
n
a
e
r
I

l

5
1
U
E

%  R e c yc lin g
%  R e c yc lin g  T a r g e ts

%  R e c o v e r y
%  R e c o v e r y T a r g e ts

Figure 4: Packaging Recovery and Recycling Rates in 1999

132

Figure 5: Total recovery

E U 1 5

U K

S

F I N

P

A

N L

L

I  

I R L

F

E  

E L

D  

D K

B

0 %

1 0 %

2 0 %

3 0 %

4 0 %

5 0 %

6 0 %

7 0 %

8 0 %

9 0 %

T o t a l   R e c o v e r y   ( % )

1 9 9 9

1 9 9 8

1 9 9 7

1 0 0
%

Figure 6: Total recycling

E U 1 5

U K

S

F I N

P

A

N L

L

I  

I R L

F

E  

E L

D  

D K

B

0 %

1 0 %

2 0 %

3 0 %

4 0 %

5 0 %

6 0 %

7 0 %

8 0 %

9 0 % 1 0 0 %

T o t a l   R e c y c l i n g   ( % )

1 9 9 9

1 9 9 8

1 9 9 7

133

Table 4: Recycling per material

Glass Recycling (%)

Paper Recycling (%)

Member State 1997

1998

1999

1997

1998

1999

B

DK

D

EL

E

F

IRL

I

L

NL

A

P

FIN

S

UK

EU15

70

61

84

25

37

42

34

33

71

75

77

50

76

19

50

66

75

85

21

37

45

32

37

80

85

80

42

63

84

23

52

78

47

88

67

52

59

17

36

45

65

75

57

66

41

60

83

58

88

66

52

61

15

37

49

70

84

48

57

84

47

61

70

59

87

67

54

59

14

39

35

71

88

52

61

72

49

62

75

85

85

19

38

50

32

40

76

80

77

44

78

84

30

55

134

Metal Recycling (%)

Plastic Recycling (%)

Member State

1997

1998

1999

1997

1998

1999

B

DK

D

EL

E

F

IRL

I

L

NL

A

P

FIN

S

UK

EU15

25

6

61

3

7

6

2

10

6

12

20

10

14

6

17

26

7

59

4

9

8

3

11

9

14

27

4

10

25

7

18

24

11

59

3

14

9

4

16

26

18

25

4

13

20

13

21

70

16

82

13

23

49

5

5

22

67

34

8

45

24

44

66

40

83

11

22

45

4

5

11

80

38

15

77

23

43

72

35

82

11

24

45

25

11

42

78

38

1

19

50

38

47

135

EU15

UK

S

FIN

P

A

NL

L

I 

IRL

F

E 

EL

D 

DK

B

EU15

UK

S

FIN

P

A

NL

L

I 

IRL

F

E 

EL

D 

DK

B

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100
%

GLASS - Recycling (% )

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100
%

PLASTIC - Total Recycling (% )

1999

1998

1997

1999

1998

1997

Figure 7: Recycling per material

EU15

UK

S

FIN

P

A

NL

L

I 

IRL

F

E 

EL

D 

DK

B

EU15

UK

S

FIN

P

A

NL

L

I 

IRL

F

E 

EL

D 

DK

B

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100
%

METAL - Total Recycling (% )

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100
%

PAPER - Total Recycling (% )

1999

1998

1997

1999

1998

1997

136

Table  5:  Calculation  of  avoided  external  costs  as  a  result  of  increased  recycling  from
1997 to 1999

Packaging
Material

Increase in
recycling from
1997 to 1999170

Saved external
costs171
(€ per tonne)

Total avoided

External costs

Glass

Paper

Metal

Plastic

0.9 million tonnes

1.7 million tonnes

0.2 million tonnes

0.5 million tonnes

80

15

20

200

Total

€74 million

€25 million

€3 million

€97 million

€199 million

170

171

This is the recorded increase in recycling for all EU Member States between 1997 and 1999 except
for P, where 1997 data was unavailable
Table 8 of COM(2001) 729 final

137

                                                
CONCLUSIONS AND PROSPECTS

The aim of this report is to provide the Council,  the  European Parliament,  the  Member
States and the interested public with information on the progress made in implementing
Directives 75/442/EEC, 91/689/EEC, 75/439/EEC, 86/278/EEC and 94/62/EC.

These  five  Directives  for  which  reports  have  been  worked  out  in  the  framework  of
Directive  91/692/EEC  on  reporting  are  quite  different  in  their  content  and  structure.
Directives  75/442/EEC  and  91/689/EEC  constitute  general  and  basic  provisions  for  all
wastes and hazardous wastes whereas Directives 75/439/EEC, 86/278/EEC and 94/62/EC
contain  requirements  for  specific  waste  streams  –  waste  oils,  sewage  sludge  and
packaging  waste  –  which  differ  due  to  their  specific  characteristics  and  management
issues.

The  remainder  of  this  chapter  highlights  key  aspects  of  the  implementation  of  the
Directives during the reporting period 1998-2000 and related prospects.

1.1.

Waste definition

The  definition  of  “waste”  and  of  related  waste  management  terminology,  such  as
recovery  and  disposal,  are  essential  elements  for  the  implementation  of  the  European
waste  management  policy  as  well  as  for  the  functioning  of  the  internal  market  in  this
field.  The  Commission,  pursuant  to  Article  1(a)  of  Directive  75/442/EEC  has  taken
measures  to  establish  a  consolidated  European  Waste  Catalogue  (EWC),  which  is  now
set  down  in  Commission  Decision  2000/532/EC172  as  amended  by  Council  Decision
2001/573/EC173.

Since the previous implementation report for 1995-1997 the Commission considers that a
number  of  Member  States  (Austria,  Italy,  Luxembourg,  UK)  still  do  not  transpose  the
waste definition correctly into national law. As regards the definition of hazardous waste
in particular, the situation has improved since the last report but it appears that there are
still  a  few  Member  States  that  have  not  fully  transposed  all  the  elements  of  this
definition.

According  to  Article  1(4),  second  indent,  of  Directive  91/689/EEC  Member  States  can
notify any other  waste they  consider  displaying  “hazardous”  properties  listed  in  Annex
III  of  the  Directive.  The  Commission  received  notifications  from  most  Member  States
and these were reviewed in the context of the adaptation of the European list of wastes
and the above-mentioned establishment of the consolidated EWC.

According  to  Article  1(5)  hazardous  waste  from  households  is  exempted  from  the
provisions  of  Directive  91/689/EEC.  The  number  of  countries  that  have  established
separate  collection  systems  for  hazardous  household  waste  has  increased  since  the
previous report for the period 1995-1997.

172

173

OJ L 226, 6.9.2000, p. 3
OJ L 203, 28.7.2001, p. 18

138

                                                
Waste oil is classified as hazardous waste (in chapter 12 and 13 of the hazardous waste
list).  The  waste  terminology  in  Directive  75/439/EEC  on  waste  oils  (such  as  disposal,
processing, regeneration and combustion) differs from the framework Directives and the
Waste  Management  Strategy.  Thus  “disposal  of  waste  oil”  means  any  treatment
(processing,  destruction,  storage  and  tipping)  whereas  “disposal  of  waste”  means
operations  listed  in  Annex  II  A  such  as  incineration  without  energy  recovery  or
landfilling.

Directive 86/278/EEC defines the “use” of sewage sludge as “the spreading of sludge on
the soil or any other application of sludge on and in the soil”. This definition, combined
with  the  provisions  in  Directive  86/278/EEC,  implies  that  the  use  of  sewage  sludge  in
agriculture  has  to  be  regarded  as  a  recovery  operation  as  defined  in  Annex  II  B  of
Directive 75/442/EEC (R10: Land treatment resulting in benefit to agriculture).

1.2.

Hierarchy of principles

The  hierarchy  of  principles  –  waste  prevention,  recycling,  energy  recovery  and  safe
disposal - is laid down in Article 3 and 4 of Directive 75/442/EEC and was confirmed in
the  Community  Strategy  for  Waste  Management  1996.  The  principles  of  the  waste
hierarchy are  also  enshrined  in  the  provisions  of  Directive  94/62/EC  on  packaging  and
packaging waste.

As regards  the application of Directive  75/442/EEC on  waste, questions 2 and 4 asked
for  the  measures  to  encourage  prevention  and  recovery  and  the  details  on  waste
generation and treatment. From the information provided by  Member States,  it remains
unclear  whether  and  how  much  waste  has  been  prevented  within  the  European  Union
over  the  1998-2000  period.  According  to  data  supplied  on  waste  generation,  it  appears
that household waste per capita has increased as compared to the previous period while
hazardous waste is stabilised.

The  success  of  waste  recycling  differs  widely  between  Member  States.  The  mean
recycling rate for domestic waste for the fifteen Member States is 26% (ranging from 8%
to 63%). The mean recycling rate for hazardous waste is also about 27% (ranging from
5% to 77%). This indicates an overall increasing tendency although a number of Member
States achieve still modest rates of  recycling.  Furthermore, available data on packaging
indicate an increase in recovery and recycling of packaging waste.

As it is not clear how Member States distinguish between incineration with and without
energy recovery, both  operations have  to be  considered together. As  regards  household
waste the mean rate was 23%, with Denmark and Luxembourg reporting rates as high as
58% and 56% respectively. Even with energy recovery though, incineration is generally,
according  to  the  hierarchy  of  principles  mentioned  above,  an  inferior  option  to  other
waste  treatment  alternatives  further  up  the  waste  hierarchy,  such  as  reuse  and  material
recycling.

Despite a decreasing tendency, a good number of Member States continue to rely heavily
on landfilling as means of disposing their domestic waste, with the average being 45%.
The  mean  rate  of  landfilling  for  hazardous  waste  is  lower  (22%)  but  another  27%  in
average was  reported  as  “other  treatment”.  Most  Member  States  reported  that  they  had
attained high degrees of self-sufficiency in terms of waste disposal of around 99%, which
essentially restates the position of the previous implementation report for 1995-1997.

139

As  regards  waste  oils,  separate  collection  is  an  essential  prerequisite  for  their  sound
management.  The  replies  to  the  questionnaires  by  Member  States  and  independent
studies  carried  out  by  the  Commission174  revealed  that  the  average  collection  rate  has
increased  compared  to  the  previous  period,  however  there  is  room  for  improvement  as
20% of the waste oils  is  still  illegally dumped or illegally burnt,  thus  strongly  harming
the  environment.  In  particular  some  Member  States  have  to  improve  significantly  their
collection rates, setting up more efficient collection systems.

The hierarchy  of  principles  for  waste  oils  management  –  regeneration,  combustion  and
safe  destruction/tipping  –  is  still  insufficiently  implemented.  As  far  as  the  recovery  of
waste  oils  is  concerned,  the  use  of  waste  oils  as  fuels  remains  by  far  the  predominant
option for the management of waste oils. Regeneration is still very scarce in the EU.

In  that  context,  the  Commission  has  launched  infringement  proceedings  against  12
Member States (see table below) for not applying in practice Article 3 of the Directive,
that is by not giving in practice the priority to regeneration. In the course of this exercise
it was also pointed out to Member States that some of them had not formally transposed
Article  3  into  national  legislation.  For  some  Member  States,  the  infringement
proceedings  also  included  an  alleged  breach  of  Articles  2,  4  and  5  mirrored  by  a  poor
collection rate.

The  main  constraints  preventing  the  Member  States  from  giving  the  priority  to
regeneration continue to be of an economical nature. The Commission is to assess on a
case by case basis if the constraint argued is really such and in doing so it heavily relies
on  a  previous  ruling  of  the  European  Court  of  Justice  against  Germany  (C102-97)  for
failure to give the priority to the regeneration of waste oils.

Parallel to the implementation of Directive 75/439/EEC as amended, a key issue for the
management  of  waste  oils  in  the  EU  is  the  existing  tax  legislation.  Based  on  Directive
92/81/EEC175  on  the  harmonization  of  the  structures  of  excise  duties  on  mineral  oils,
Council Decision 97/425/EEC176 authorizes Member States to apply, and to continue to
apply,  to certain  mineral  oils  when  used  for  specific  purposes,  exemptions  from  excise
duty177.  In  this  context  11  Member  States  are  applying  derogations  to  excise  duties  for
waste oils used as fuels. The Commission is of the view that these derogations are not in
line with the  application  of  Article  3  and  the  priority  to  the  regeneration  of  waste  oils,
since they promote the use of waste oils as fuels.

As regards sewage sludge, the Commission is of the opinion that the conclusions drawn
in  the  previous  consolidated  report  for  period  1995-1997  remain  valid.  In  particular,  it
considers  the  use  of  sewage  sludge  as  fertiliser  on  agricultural  soils  as  the  best
environmental option provided that it does not pose any threat to the environment as well
as to  human  and  animal  health.  It  appears  that  the  provisions  of  Directive  86/278/EEC

174

175

176

177

Critical review of existing studies and Life-Cycle Analysis on the regeneration and incineration of
waste oils, Final report, December 2001
OJ L 316, 31.10.1992, p. 12
OJ L 182, 10.07.1997, p. 22
This  Decision  has  been  subsequently  repealed.  The  most  recent  Decision  concerning  a  list  of
derogations  under  Article  8(4)  of  Directive  92/81/EEC  is  Council  Decision  2001/224/EC  of  12
March  2001  concerning  reduced  rates  of  excise  duty  and  exemptions  from  such  duty  on  certain
mineral oils when used for specific purposes (OJ L 84, 23.3.2001, p. 23).

140

                                                
have been quite effective in preventing the spreading of pollution because of the use of
sludge.

Available  figures  suggest  a  slight  decline  in  sludge  use  in  agriculture  in  the  EU,  from
about 43% in 1995 to 37% in 2000. There are appreciable variations among the different
Member  States,  in  some  of  which  the  decline  in  sludge  use  is  rather  sharp.  The
Commission  considers  that  this  decline  in  sludge  use  in  agriculture  in  favour  of
incineration is contrary to the waste hierarchy.

The Commission considers that a monitored and well-regulated land spreading of sludge
should  be  encouraged  and  sustained.  At  the  same  time,  rules  should  be  strengthened,
when necessary, especially taking into account long-term effects on soil quality.

1.3.

Waste management planning

Waste  management  plans  are  a  key  element  in  the  Community’s  waste  management
policy as, without appropriate planning, Member States are not in a position to be able to
account for and deal with the waste that arises in their territories. In addition to directive
75/442/EEC,  Article  6  of  Directive  91/689/EEC  on  hazardous  waste  and  Article  14  of
Directive 94/62/EC on  packaging  and  packaging  waste  require  also  waste  management
plans for those wastes.

During  1997-2000  the  Commission  took  legal  action  against  several  Member  States
which  failed  to  ensure  that  waste  plans  were  in  place.  By  the  end  of  that  period  the
majority of  Member States had drawn up plans.  Problems persist with  France,  UK  and
Italy.

With  an  aim  to  improve  waste  management  planning  in  the  Member  States  the
Commission  has  arranged  for  the  preparation  of  guidelines  addressed  to  national  or
regional competent authorities. Their publication is expected in the first quarter of 2003.

1.4.

Waste statistics

As  already  stressed  in  Commission's  report  for  1995-1997,  in  order  to  allow  the
comparability and evaluation of data, it is necessary that Member States use a common
approach  on  the  definition  of  waste,  the  waste  lists,  and  the  waste  management
terminology. However this is not yet the case and the following problems are outlined:

–  The terms domestic waste (waste from households) and municipal waste (collected by
municipalities) are often used as a synonym. However, municipal waste may include,
in addition to domestic waste, similar commercial, industrial and institutional waste.

–  The  data  on  incineration  as  disposal  operation  and  on  incineration  with  energy
recovery  have  to  be  considered  together  since  it  is  not  clear  how  Member  States
distinguish these operations.

–  "Other  treatment"  represents  a  considerable  proportion  of  treatment  applied  but  its

definition varies from one Member State to another.

–  Member  States  use  different  approaches  to  calculate  the  quantity  of  waste  oil

generated (between 33% and 66% of the marketed oil).

141

–  Information  is  especially  lacking  on  “other  waste”,  i.e.  all  wastes  which  are  not
domestic or hazardous wastes and which make up the largest part of generated waste.
As  a  result,  it  is  not  possible  to  provide  a  clear  picture  of  their  composition  and
handling within the EU.

An important development towards improving the quality of waste data was the adoption
in  November  2002  by  the  European  Parliament  and  the  Council,  of  Regulation
2150/2002/EC178  on  waste  statistics.  This  new  Regulation  aims  at  establishing  a
Community  framework  for  statistics,  with  common  definitions  and  classifications,  and
should  enable  better  monitoring  of  waste  prevention  and  establishing  linkages  between
waste  generation  and  resource  use.  Under  the  new  rules  statistics  will  have  to  be
collected from 2004 and every two years thereafter.

1.5.

Record keeping

The requirement of keeping records on waste  and  the  waste management  constitute  the
basis for existing waste statistics.

Article  14  of  Directive  75/442/EEC  requires  that  establishments  and  undertakings
carrying out recovery and disposal operations have to keep records on the waste and the
waste management. In addition, Article 4(2) of Directive 91/689/EEC requests producers
of  hazardous  waste  and  establishments  transporting  hazardous  waste  to  keep  records.
Further the Directive requires in Article 2(1) specific records on the disposal (landfilling)
of hazardous waste.

Most Member States appear to have implemented their record keeping obligations under
the aforementioned provisions. Some indicate that they have developed producer-related
obligations in addition to those for producers of hazardous waste. The experience gained
from  Member  States 
implementing  record  keeping  obligations  remains  an
underdeveloped area.

in 

Article 11 of Directive 75/439/EEC specifies for waste oils that Member States can set a
minimum  quantity  (not  above  500  litres),  above  which  establishments  producing,
collecting  and/or  handling  waste  oils  are  obliged  to  keep  records.  The  limits  set  range
from 0 litre (any quantity to be recorded) to 500 litres (limit value of the Directive).

Article 10 of Directive 86/278/EEC requests up-to-date records on the generation and use
of sewage sludge as well as the characteristics of the sludge, the recipients and the place
of use. As already stated in the previous 1995-1997 report, some Member States do not
report the data requested for sludge production as well as quantities used  in agriculture
and others give only estimates.

1.6.

Control of waste management

Member States have to establish or designate competent authorities responsible for the
control of waste management operations. Table 1 of the Annex to Directive 75/442/EEC
provides a general overview on the competencies of the national authorities, while Tables
2,  3.1,  3.2  and  4.2  of  the  Annex  to  Directive  75/439/EEC  provide  details  on  the

178

OJ L 332, 9.12.2002, p. 1

142

                                                
responsibilities  in  the  sector  of  waste  oils.  The  competencies  differ  largely  between
Member States which is due to the general differences in the administrative structures.

According  to  Article  9,  10  and  12  of  Directive  75/442/EEC,  establishments  and
undertakings carrying out recovery or disposal operations must obtain a permit from the
competent  authorities.  Establishments  collecting  and  transporting  waste  have  to  be
registered  with  the  competent  authorities.  Article  11  provides  the  conditions  for
exemptions  of  the  permit  requirement  which  are  tightened  by  Article  3  of  Directive
91/689/EEC  for  hazardous  waste.  As  was  the  case  for  the  previous  implementation
report,  relatively  few  Member  States  have  implemented  the  possibility  for  exempting
permit requirements in 1998-2000 and no reasons or advantages have been indicated by
those Member States who have done so.

Article  6  of  Directive  75/439/EEC  requires  that  undertakings  which  dispose  of  (i.e.
process, destroy, store or tip) waste oils must obtain a permit. As stated in the previous
1995-1997  report,  all  reporting  Member  States,  with  the  exception  of  Denmark,  have
established a permitting system for installations managing waste oils.

Appropriate periodic inspections are required by Article 13 of Directive 75/442/EEC for
all establishments handling waste (inclusive collection, transport, recovery and disposal).
Article 4(1) of Directive 91/689/EEC broadens up this requirement to include producers
of  hazardous  waste.  Article  13  of  Directive  75/439/EEC  only  requires  inspections  for
undertakings  which  dispose  of  waste  oils.  Therefore  the  general  provisions  of  the
Framework  Directives  apply  in  addition  for  undertakings  collecting  and  transporting
waste  oils  as  well  as  for  producers  of  waste  oils.  Only  the  inspections  of  producers  of
hazardous waste are part of the questionnaire. From information supplied it appears that
the  Member  States  cannot  ensure  periodical  inspections  of  all  generators  of  waste  and
national administrations focus on the most important cases.

1.7.

Infringement proceedings

The  following  table  provides  an  overview  of  infringement  proceedings  initiated  or
pursued  by  the  Commission  under  Article  226  or  228  of  the  Treaty  concerning  the
application  of  Directives  75/442/EEC,  91/689/EEC,  75/439/EEC,  86/278/EEC  and
94/62/EC.

143

Austria

Belgium

Denmark

Finland

France Germany

Greece

Ireland

Italy

Luxem-
bourg

Nether-
lands

Portugal

Spain

Sweden

UK

Court

FN

Court

RO

RO

Court

RO

Court

RO
Court

Court

FN Art.
228179

RO
Court (3
cases)
RO
Court (7
cases)

Court

RO (2
cases)
Court (4
cases)

FN

RO

Court (2
cases)

RO

Court (2
cases)
Court

Court

RO

RO

RO

RO

Court

Court

Court

Court

RO

Court

Court

Court

75/442/EEC

Incorrect
transposition of the
Directive
Unauthorised
dumping of waste
or other incorrect
management of
waste
Deficient waste
management plans
Other instances of
incorrect
implementation
91/689/EEC

Incorrect
transposition
Instances of
incorrect
implementation
75/439/EEC

Incorrect
transposition
Instances of
incorrect
implementation
86/278/EEC
Incorrect
transposition
Instances of
incorrect
implementation
94/62/EC
Incorrect
transposition
Instances of
incorrect
implementation

Court

Court

RO

RO

RO

Court

Court

Court

RO

FN

Court

Table: Infringement procedures – status December 2002

FN = Formal Notice according to Art. 228 of the Treaty, RO = Reasoned Opinion, Court = Case decided to be referred before the European Court of Justice or pending before it

179

Specifically,  this  action  relates  to  failure  to  transpose  the  European  waste  list  correctly,  as  formerly  crystallized  in  Decision  94/3/EEC,  now  consolidated  in  Commission
Decision 2000/532/EC, as amended.

144

                                                
1.8.

Prospects

Despite  positive  results  achieved  the  progress  made  with  the  implementation  of
Community  waste  legislation  cannot  yet  be  considered  satisfactory.  The  number  of
infringement  procedures  reflects  well  the  current  state  of  play.  Significant  efforts  need
therefore  to  put  on  the  full  implementation  of  Directives  75/442/EEC,  91/689/EEC,
75/439/EEC,  86/278/EEC  and  94/62/EC,  focusing  in  particular  on  the  hierarchy  of
principles of waste management.

Two important recent developments relating to the harmonisation of definitions and lists
of waste and the establishment of reliable waste databases are worth noting in this regard,
namely the adoption of the consolidated European Waste Catalogue and the adoption of
the new Regulation on Waste Statistics.

Furthermore,  prospective  and  recent  legislative  initiatives  in  the  area  of  waste
management,  in  particular  on  packaging  waste180,  end-of-life  vehicles181  and  electrical
and  electronic  waste182,  should  contribute  to  improve  records  in  waste  prevention,
recovery  and  recycling.  The  Commission  is  also  currently  considering  measures  to
improve  the  reuse  of  sewage  sludge  and  restore  the  confidence  of  the  public  in  that
respect. Furthermore,  relevant EU Research activities are currently supported under the
6th Framework Programme, within the policy-oriented priorities.

As  regards  the  current  reporting  system  on  waste  legislation,  this  is  based  on  the  so-
called  standardised  reporting  directive  91/692/EEC.  In  the  light  of  the  6th  Environment
Action  Programme183,  which  underlines  the  need  to  create  a  better  knowledge  base  for
environmental policy, the Commission envisages creating a more coherent and effective
system  to  ensure  reporting  of  high  quality,  comparable  environmental  data  and
information.

180

181

182

183

COM(2001)729final  Commission  proposal  for  a  Directive  of  the  European  Parliament  and  of  the
Council amending Directive 94/62/EC on packaging and packaging waste.
Directive 2000/53/EC of the European Parliament  and  Council  on  end-of-life  vehicles,  OJ  L  269,
21.10.2000, p.34.
Directive  2002/96/EC  of  the  European  Parliament  and  of  the  Council  on  waste  electrical  and
electronic equipment, OJ L 037, 13.02.2003, p. 24.
OJ L 242, 10.9.2002, p. 1

145