COMMISSION STAFF WORKING DOCUMENT Implementation Plan
Date: 2014-07-02
Institutions: European Commission
Subjects: amendment of a law, domestic waste, electricity storage device, electronic waste, impact study, packaging, pollution control measures, public health, quality of the environment, vehicle, waste disposal, waste recycling













EUR-Lex - 52014SC0210 - EN











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52014SC0210

COMMISSION STAFF WORKING DOCUMENT Implementation Plan /* SWD/2014/0210 final */









Implementation Plan[1]
1. Title of the document for the
proposed act: 
Implementation
Plan for the Proposal for a Directive of the European Parliament and of the
Council reviewing the targets in Directives 2008/98/EC on waste, 94/62/EC on
packaging and packaging waste, and 1999/31/EC on the landfill of waste,
amending Directives 2000/53/EC on end-of-life vehicles, 2006/66/EC on batteries
and accumulators and waste batteries and accumulators, and 2012/19/EC on waste
electrical and electronic equipment (WEEE), and repealing certain Decisions.
2. Contact point:  
Karolina D'Cunha, Team Leader 
Back-up: Michel Sponar
DG Environment Directorate A Green
Economy
Unit
A2 Waste Management & Recycling 
Tel: +32 2 29 86 939
karolina.dcunha@ec.europa.eu      
michel.sponar@ec.europa.eu

3. Introduction
The present
proposal is based on the legal obligation to review the waste management
targets of three waste-related Directives: Directive 2008/98/EC on waste,
Directive 1999/31/EC on the landfill of waste, and Directive 94/62/EC on
packaging and packaging waste. The proposal aims at translating into the EU
legislation the objectives set out in the Resource Efficiency Roadmap[2] and the 7th
Environmental Action Plan[3]
. It also aims at improving the implementation of the waste hierarchy in all
Member States, in order to move the EU towards a circular economy through more
waste reduction, increased reuse and recycling, limiting incineration of
recyclable waste as well as a phasing out of landfilling. 
The proposal
is based on ex-post evaluations – including a ‘fitness check’ study covering the
packaging and packaging waste Directive –, as well as on an ex-ante evaluation
using a European reference model on waste generation and management. The
results of these evaluations have been used in the impact assessment
accompanying the proposal. 
4. Deliverables and implementation
challenges
4.1. Deliverables
The proposal offers a stable framework for waste
management in the EU based on a mid-term vision (2030). It contains new targets
and additional means to ensure their proper implementation. 
The main amendments of the proposal include: 
·        
Increase
recycling/preparation for re-use of municipal waste to 70% in 2030;   
·        
Increase
packaging waste recycling/preparation for re-use to 80% in 2030 with material
specific targets;
·        
Phase
out landfilling by the introduction of progressive landfill bans first on
recyclable including  biodegradable waste (by 2025) then on all recoverable
waste (by 2030);
·        
Take
measures aimed at reducing food waste generation by 30% by 2025; 
·        
Introduce
an early warning system to anticipate and avoid possible compliance
difficulties;
·        
Ensure
full traceability of hazardous waste;
·        
Increase
the cost-effectiveness of Extended Producer Responsibility schemes by defining
minimum conditions;
·        
Simplify
drastically the reporting obligations and alleviating obligations facing SMEs;
·        
Harmonise
and streamline the calculation of the targets and improve the reliability of
key statistics;  
·        
Improve
the overall coherence by aligning definitions and removing obsolete legal
requirements.
This proposal is expected to provide a clear and robust
perspective to guide long term investment strategies focused on prevention,
reuse and recycling as well as the future use of EU regional funds which should
focus on the first steps of the waste hierarchy in line with the proposed
targets.
4.2.
Challenges
The main challenges
can be summarized as follows:
1)
reaching the targets within the deadlines (especially for the less advanced
Member States), which includes:
- the adaptation
of waste management plans at national, regional or local levels
- the optimal
use of existing and, where needed, development of new infrastructures for waste
separate collection and treatment
- measures
to ensure civil society participation in source separation of waste 
- the
development of administrative capacities for the enforcement and the coordination
between competent authorities at all levels
- the progressive
reduction in the use of landfilling capacities and in some Member States of 
overcapacities for some treatment options lower in the waste hierarchy
- the
adoption and implementation of economic instruments aiming at increasing
prevention, reuse and recycling while covering the potential additional costs 
2) monitoring
waste management operations and delivering timely reliable statistics, which
includes:
- the
improvement of data collection methods
- the
development of validation and reporting schemes 
- the
setting up of an ‘early warning ‘ mechanism at Commission level to regularly
monitor MS performances and anticipate possible problems of implementation 
5. Support Actions:
5.1. Challenge 1 "Reaching the
target within the deadline"
The proposed targets were defined on
the basis of the levels already met today in the most advanced Member States.
Deadlines were then calculated taking into account the time needed for all MS
(based on past progression rates) so that all MS would be able to respect the
proposed targets and the proposed deadlines. This approach is considered as
prudent as new techniques have emerged at all levels of the recycling chain
(separate collection, sorting, recycling) which should allow less advanced MS
to make rapid progress in the coming years. In addition, the mid-term approach
(with final deadline in 2030) allows for the necessary flexibility in
implementation. 
The proposed targets were also fixed
in a ‘synergetic’ and consistent way so that landfilling is progressively
reduced while recycling of municipal and packaging waste is increasing at a
similar rhythm. They are also consistent with existing requirements (e.g.
separate collection by 2015, recycling and landfill diversion targets).  
Possible Commission
Actions:
In the legislative
proposal, specific measures are proposed in order to promote best
practices notably through the ‘early warning’ procedure (and related
compliance action plan aiming at ensuring the adoption of key instruments
having proven to be efficient in most advanced MS), the proposed improvements
of EPR schemes (minimum requirements and guidance to MS). A derogation
mechanism for the first deadline (2020) is also proposed, in association with
the adoption of a conditional compliance action plan 
In addition, the Commission has launched
in 2013 a compliance-promotion exercise which aims at assessing and
monitoring the implementation of EU waste legislation as well as providing
technical guidance and recommendations in order to support Member States
efforts. This exercise includes interactive exchange with the MS, notably
through the assessment of national and/or regional waste management plans, the
organisation of seminars and the elaboration of implementation roadmaps adapted
to the specific challenges of the different MS. So far the 10 less performing
Member States were covered. It is the intention of the Commission to continue
these efforts by covering additional MS and by monitoring the progress
accomplished in the 10 MS already covered.
Experience gained from the
compliance-promotion exercise
Based on the experiences
made in other Member States and the problems encountered during the
compliance-promotion exercise 2012-2013, the recommendations to the
participating MS generally comprise to:
-           Introduce taxes
on landfill/MBT/incineration to make recycling an economic viable option or if
taxes are already in place to significantly increase these. Revenues from the
taxes should be used to support separate collection, awareness raising and
modern infrastructure, focusing on prevention, re-use and recycling.
-           Establish/improve
and control separate collection systems.
-           Expand systems
to door-to-door separate collection schemes as soon as possible and undertake
pilot projects on separate collection to develop solutions for local
circumstances.
-           Initiate/intensify
awareness raising and information designed for different target groups.
-           Reform
administrative structures and procedures to simplify administration of waste
management, e.g. bundle capacities via inter-municipal associations and
harmonise systems in place by providing guidelines on administrative and
practical approaches. 
-           Support local
authorities in setting up separate collection schemes (by incentives and/or
penalties) and other central tasks (e.g. tendering procedures).
-           Extend and
improve the monitoring and transparency of existing EPR schemes via intensified
inspection and enforcement activities, accompanied by guidance.
-           Update national
and regional WMPs including measures on how to achieve legally binding targets
and objectives.
-           Enforce
national strategies on bio-waste management.
-           Revise
statistics by aligning reporting to EUROSTAT guidelines.
-        Use EU funding to
finance infrastructure and initiatives related to the first steps of the waste
hierarchy.
In addition, the Commission will
develop specific initiatives for the promotion of good practices concerning
waste prevention, efficient separate collection as well as the management of
C&D waste and hazardous waste.
A reference modelling tool has
been developed by the Commission in association with the European Environment
Agency with the objective of regularly assessing the distance to target in all
MS, analysing ex ante the expected progress in terms of waste management and
identifying Member States at risk of not meeting the target. This model will be
sued in the context of the ‘early warning’ procedure. It could also be used by
volunteer MS to support the planning of waste management strategies at national
level.
The European Environment Agency is
also in charge of the review of the Waste Prevention Programmes (WPP) in
accordance to Article 30, §2 (includes sharing of good practices).
The Commission has also defined for
the use of regional funds (ERDF/CF) a set of ex-ante conditionalities
for the next programming period 2014-2020 (including for waste). These
conditions already include the taking up of best practices. The Commission works
in close collaboration with MS to ensure the optimal use of EU funds with a
priority given to investments and technical assistance related to the first
steps of the waste hierarchy (prevention, reuse and recycling).  In addition,
when relevant, the Commission has proposed ‘country specific recommendations’
in the context of the Annual Semester recommending an appropriate use of
economic instruments in the field of waste management.
The new LIFE regulation
includes the possibility of funding projects in support of implementation of
waste management policies. 
Those measures should ensure that the
less advanced MS are taking advantage of the experience and good practices from
best-performing MS. It should help them to design the appropriate package of
measures and leapfrog the implementation stages in order to capture  rapidly the
potential benefits (including direct cost savings, reduced greenhouse gas and
air pollutants emissions, job creation, easier access to raw materials) linked
with the achievement of the upgraded targets.
Possible Member State Actions:
The following actions can be taken by
the MS:
-  ensure that sufficient resources
are made available at national, regional and local levels for the planning,
enforcement and operational aspects of waste management policies 
- provide training and technical
assistance in order to optimize the use of existing or build the necessary new
capacities, especially at local level for municipal waste management
- where necessary, develop a dialogue
with the Commission about waste management planning and implementation issues
- raise awareness and involve
stakeholders (private sector, NGO's and the citizens-consumers)
- make a proper use of structural
funds and other sources of funding to accelerate the necessary changes 
- apply key economic instruments
(in particular, landfill/incineration taxes, extended producer responsibility
schemes, pay-as-you-throw schemes, subsidies/penalties for local authorities to
ensure the development of separate collection) which have proved to be 
efficient in changing the behaviour of the concerned actors in applying the
waste hierarchy and in generating financial means to develop waste management
operations accordingly. 
5.2. Challenge 2 "Monitoring and
quality reporting"
Possible Commission
Actions:
The legislative proposal
aims to clarifiy the key definitions related to the most relevant
indicators and targets. It also clarifies and simplifies reporting
modalities and calculation methods. The proposal also includes the creation
of electronic waste registries by MS (see below) as well as the
obligation of third party independent verification of key statistics before
they are transmitted to Eurostat. 
In addition, the Commission will take
the following actions:
- increased guidance on data
collection and reporting t, in line with the targets and the waste hierarchy
- reinforcement of quality checks
and validation procedure - exchange of good practices through
regular workshops involving Member States
Possible Member State Actions:
Member States should ensure that sufficient
resources are made available at national, regional and local level for the
monitoring of waste management policies, notably the data collection, their statistical
treatment, their validation as well as the proper reporting and validation
processes in liaison with the Commission services.
They should also develop electronic
waste registries, as foreseen in the proposal.
MS need to put in place transparent
data reporting schemes to be used by public and private actors,
notably municipalities, EPR schemes, waste management companies and recyclers.
Member States should also set up training
for local/regional authorities and relevant stakeholders. In addition, they
can participate in exchange platforms and peer reviews with other
authorities and Eurostat.
6. Summary table
 Implementation challenge || Support action || Timing 
 1) Reaching the targets within the deadline (especially for the less advanced Member States): development of infrastructures (for separate collection and treatment), adaptation of waste management plans, enforcement and coordination between authorities at all levels, reduction in the use of landfilling capacities, implementation of economic instruments. || Commission: - Legislative proposal: ‘early warning’ procedure (and related compliance action plan) minimum requirements for EPR (and related guidance) conditional derogation mechanism for the first deadline (2020)   - Compliance-promotion exercise: technical guidance and specific initiatives for the promotion of good practices concerning waste prevention, efficient separate collection as well as the management of C&D waste and hazardous waste.. assessment of national and/or regional waste management plans organisation of seminars implementation roadmaps including country-specific recommendations   - Country specific recommendations in the context of the Annual Semester   - Modelling tool (with the EEA) - EEA Review of Waste Prevention Programmes - EU funding : ex-ante conditionalities close collaboration with MS in definition of investments programmes LIFE (integrated) projects in support of implementation ||   2017(1st reporting deadline), 2022, 2027 After adoption 2018   2013-2016         Annual (ongoing) 2014 (permanent) Annual (as from 2014)   2014-2020     Yearly calls 
   || Member States: -  sufficient resources made available at national, regional and local levels for the planning, the enforcement and the operational aspects of waste management policies - training and technical assistance in order to build the necessary capacities, especially at local level - dialogue with the Commission about planning  and implementation   - raise the awareness and involve stakeholders - optimal use of structural funds and other sources of funding - implement key economic instruments (in particular, landfill tax, EPR schemes, pay-as-you-throw schemes) ||   Permanent     Permanent Compliance exercise: 2014-2016 Early warning: 2017, 2022, 2027   Permanent 2014-2020   Permanent 
 2) Monitoring and quality reporting || Commission: - legislative proposal (more precise definitions of key indicators, clarification of reporting modalities and calculation methods,  creation of electronic waste registries, third party verification) - guidance on data collection and reporting - reinforcement of Commission's capacities for quality checks and validation - exchange of good practices through regular workshops ||   After adoption (incl. implementing act)   Starting 2014 2015   Permanent (ongoing) 
   || Member States: -  sufficient resources are made available at national, regional and local levels for the monitoring of waste management policies -  develop electronic waste registries - develop validation procedures, including third party verification processes - set up trainings - participate in exchange platforms and peer reviews ||   Permanent   2016   2016 2015 Permanent (ongoing) 
[1] This
Implementation Plan is provided for information purposes only. It does not
legally bind the Commission on whether the identified actions will be pursued
or on the form in which they will be pursued.
[2] COM (2011) 571
[3] Decision 1386/2013/EU of 20 November 2013, OJ L 354, 28.12.3012, p.
171