Explanatory Memorandum to COM(2013)516 - Amendment of Regulation (EC) No 1013/2006 on shipments of waste - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2013)516 - Amendment of Regulation (EC) No 1013/2006 on shipments of waste. |
|---|---|
| source | COM(2013)516  |
| date | 11-07-2013 |
The Waste Shipment Regulation (Regulation (EC) No 1013/2006[1], 'WSR') lays down requirements for shipments of waste both within the EU and between the EU and third countries, in order to protect the environment. The WSR has stricter rules for hazardous waste than for non-hazardous waste.
All exports of hazardous waste to countries outside the OECD and all exports of waste for disposal outside the EU/EFTA are prohibited (Articles 34 and 36 of the WSR). The WSR's ban on exports of hazardous waste outside the OECD implements the UN Basel Convention's export ban from 1995. Non-hazardous waste can be exported for recovery outside the OECD provided the waste will be managed in an environmentally sound manner, i.e. in a way which is broadly equivalent to rules applied in the EU[2].
Within the EU, all shipments of waste for recovery shall be entitled to free movement.[3] For non-hazardous waste, such shipments are not subject to any prior notification and only have to fulfil general information provisions (Titles II-IV of the WSR). Shipments of hazardous waste for recovery and shipments of waste for disposal are both subject to prior written notification and consent. However, as regards shipments of waste for recovery, the competent authorities may only oppose a shipment based on the environmental grounds set out by the WSR (Article 12).
Specific obligations are laid down concerning a duty to take back waste shipments which are found to be illegal or which cannot be completed as envisaged (Articles 22-25 of the WSR).
Article 50 of the WSR contains a general provision on enforcement stipulating that Member States shall provide for inspections of establishments and undertakings in accordance with the inspection requirements in Directive 2008/98/EC (Waste Framework Directive), and that Member States may check transports by road, in ports etc. or at a later stage when the waste has already arrived at a recovery or disposal facility. Controls are otherwise left to Member States' discretion. The WSR does not contain any specific provisions on how inspections shall be carried out: it only stipulates that 'Checks on shipments shall include the inspection of documents, the confirmation of identity and, where appropriate, physical checking of the waste.'
As a result of this general formulation of inspection requirements in the WSR, there are large differences between Member States. Some have developed thorough, well-functioning inspection systems targeting either waste shipments in ports or at the sites of waste producers and collectors, while others have significant problems with enforcement and lack adequate structures and resources to control waste streams and carry out inspections. This situation leads to port hopping, i.e. exporters of illegal waste choose to send their waste through Member States with the least controls. If enforcement in one Member State is stepped up, illegal exporters move their exports to another Member State. Effectively preventing illegal waste shipments can therefore only be achieved if sufficient controls are carried out in all Member States.
The most problematic illegal waste shipments are those concerning hazardous waste and waste which is illegally sent for dumping or sub-standard treatment. The dumping or substandard treatment of waste often has severe impacts on the environment and human health for populations surrounding the disposal/treatment area. Leaks from discarded waste also harm soils and water streams, and produce air pollution, through emissions of e.g. heavy metals and persistent organic pollutants. If recycling standards and capacity in the countries of destination are not adequate, potential environmental and health hazards are simply being exported to other parts of the world. This also contributes to global warming and ozone depletion.
This legislative proposal will support and steer Member States’ inspections in order to target the problematic and high-risk waste streams described above. Risk assessments shall be carried out by Member States, covering specific waste streams and sources of illegal shipments, and considering intelligence–based data, such as police investigations and analyses of criminal activities. Every year priorities for inspections shall be selected based on these risk assessments and published in the annual inspection plans. These plans shall be made available to the public. Inspectors shall take the inspection plans into account and require evidence from suspected illegal waste exporters according to the relevant provisions in the proposal.
Illegal waste shipments are a serious and frequent problem. The export bans for hazardous waste and waste for disposal under the WSR are often circumvented. Exports of hazardous waste are often labelled as second-hand goods and waste for disposal as waste going to recovery. This is confirmed by the joint inspections carried out by the 'network for the implementation and enforcement of environmental law, trans-frontier shipments of waste-cluster' (IMPEL-tfs) and supported by the Commission; this revealed very high rates of non-compliance with the WSR due to illegal waste shipments. As part of the joint inspections during the period October 2008-November 2010, 22 Member States checked and reported on transports by road and in ports (over 20,000 transport inspections and over a hundred company inspections).[4] Taking into account the total number of inspected waste shipments from and within the EU during the period (3,454) and the number of violations (863), the overall non-compliance rate can be estimated to be 25%.
In 2011 a study estimated the tonnage of illegal shipments as a proportion of the total amount of waste shipments within and out of the EU.[5] The study concluded that if only 1% of all waste shipments were illegal, the total tonnage of illegal waste shipments would amount to 2,8 million tonnes per year.
Illegal waste shipments out of the EU frequently stem from uncontrolled collection, storage and sorting facilities, where illegal operators get hold of the waste and ship it illegally to developing countries. A 2011 Europol study[6] concluded that intermediate storage sites are often used to disguise the ultimate destinations of waste and to frustrate law enforcement efforts to identify source companies.
The ports in the north-western part of the EU (Antwerp, Hamburg, Le Havre and Rotterdam) play an important role in the export of waste (e-waste, end-of-life vehicles, plastics, paper and various types of hazardous waste) to countries in Africa and Asia. As many of these ports see large tonnages of waste (both lawfully and illegally) shipped out of the EU, they have more frequent controls and, for this reason, probably detect more illegal waste shipments.
Effective enforcement and inspections of waste shipments would not only help prevent the serious environmental and health impacts stemming from illegal waste shipments, but also save high costs and result in direct economic benefits for Member States and industry. Financial benefits stemming from better enforcement include avoided clean-up and repatriation costs. For instance, a recent study showed that stricter enforcement in the port of Rotterdam resulted in increased quality and quantity of waste recycled, as waste was routed via legal channels to facilities with better treatment techniques. Reinforced inspections in the port of Rotterdam also led to the creation of 22 jobs – in customs, inspections and waste treatment plants[7].
Council conclusions of 3 June 2010 invited the Commission, inter alia, to consider strengthening EU requirements on inspections and spot checks carried out under the WSR. In response to this, the Commission has assessed the issue in more detail and has prepared an ex ante impact assessment, in line with its guidelines on impact assessments.
Contents
On 25 January 2011, the Commission launched an on-line stakeholder consultation via its EUROPA website in line with the minimum standards for consultation. The consultation was open to all stakeholders for eleven weeks, accessible via the single access point on the internet.[8] During the consultation, 65 contributions were received from 18 Member State authorities, one EEA country authority, 25 industry organisations, five private companies, two public organisations, three NGOs and 11 individuals[9]. The stakeholders expressed wide support in favour of EU legislative requirements on waste shipment inspections (90% of respondents).
During a 2012 public consultation on burdensome legislative acts for SMEs, a concern was raised that the WSR has not led to the creation of a common market for waste utilisation and recycling due to differences in implementation and interpretation across Member State, and that more should be done to ensure uniform implementation of the WSR with more focus on hazardous waste and less on unproblematic waste. Another concern raised was that there should be further simplification of procedures to move waste between Member States, leaving the inspection and evaluation of waste treatment facilities to the authorities of the receiving Member State.
This legislative proposal on waste shipment inspections aims to help ensure more uniform implementation of the WSR through establishing minimum inspection requirements throughout the EU with a focus on problematic waste streams.[10] Under the WSR, there already is a simplified procedure for shipments of waste for recovery compared to shipments of waste for disposal. However, the lack of harmonised inspection procedures undermines a proper functioning of the internal market with respect to waste shipments. A proper functioning of the internal market requires that inspections of waste shipments are carried out effectively throughout the EU. The current lack of a level playing field due to wide disparities in enforcement practices puts law-abiding businesses at an economic disadvantage. The high rates of illegal waste shipments undermine the legitimate waste treatment and disposal industries. If the WSR was applied properly throughout the EU, this would reinforce confidence and trust in the waste shipment system among economic operators. Companies in the recycling and waste management sector would find incentives to invest and create new jobs.
The inspection of waste treatment facilities is a task for the authorities in the Member State where they are located. However, it is necessary for the competent authority in the Member State of dispatch to be able to evaluate how the waste will be managed by the facility in the receiving Member State. For example, the dispatch authority may after having examined the nature of the waste conclude that it cannot be managed in accordance with Articles 11-12 of the WSR by the facility in the receiving Member State. This evaluation has to be made before the shipment leaves the dispatch country, otherwise illegal shipments cannot be prevented. If the shipment is illegal, the dispatch country may have to pay the bill for, inter alia, taking the waste back. The evaluation of waste treatment facilities cannot therefore be left solely to the authorities of the receiving Member State.
The Commission's ex ante impact assessment on this legislative proposal examined several options to strengthen inspections and enforcement of the WSR. The EU 'network for the implementation and enforcement of environmental law, trans-frontier shipments of waste-cluster' (IMPEL-tfs), authorities in Member States and various groups of stakeholders were closely involved in the preparation of studies that were conducted to support the assessment.
The assessment concluded that a combination of EU legislative requirements and guidance would be the most effective option to address the problems related to illegal waste shipments. This option would also have the lowest net costs and the most positive economic, social and environmental impacts. It would result in significant cost savings for clean-up and repatriation as well as indirect cost savings for Member States where waste transits. Industry would also benefit from harmonisation of legislation. Higher quantities of waste routed through legal channels would lead to optimised processes, better sorting techniques and better waste quality. A legal requirement to reinforce inspections could also create new jobs and avoid relocation of jobs outside the EU.
Costs for Member States that lack adequate inspection systems (e.g. for hiring staff, and upgrading infrastructure and inspections) have been estimated as part of the impact assessment. These costs would be around €4 million/year for the whole EU, but could be outweighed by the economic and social benefits and/or financed by collected fines. According to the impact assessment, the additional inspections required would break even if less than 1% of all the yearly inspections would result in average fines.
The impact assessment found that inspection planning is the most important of the proposed legislative measures. The second most important contributor to solving the problem would be the possibility for competent authorities in Member States to require evidence from suspected illegal waste exporters in order to check the legality of shipments, and then in descending order, controls of upstream facilities and training for authorities.
Article 1(3)(b) of this proposal amends Article 50 of the WSR by introducing requirements for inspection planning for waste shipments.
Article 1(3)(c) introduces in Article 50, the possibility for the competent authorities in Member States to require evidence from suspected illegal waste exporters in order to check the legality of shipments. Such evidence may concern whether the substance or object is 'waste' or not, whether the shipment is destined for recovery or disposal, or the nature of the specific waste treatment methods and standards applied by the facility in the country of destination, with a view to assessing compliance with Article 49 of the WSR.
Article 1(2) and 1 i align the WSR with Article 290 of the Treaty on the Functioning of the European Union in line with the Commission's commitment to review provisions attached to the regulatory procedure in each instrument it intends to modify.
Article 2 of this proposal stipulates that the Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal and apply from [1 January xxxx or 1 July xxxx which ever date occurs first provided this date is at least six months from the entry into force of the Regulation].
Not applicable.
Not applicable.