Directive 2008/98 / EC on waste

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Directive 2008/98 / EC

Title: Directive 2008/98 / EC of the European Parliament and of the Council of November 19, 2008 on waste and the repeal of certain directives
Designation:
(not official) 		Waste Framework Directive
Scope: EEA
Legal matter: Waste law , environmental law
Basis: EC Treaty , in particular Article 175 paragraph 1
Procedure overview: European Commission
European Parliament
IPEX Wiki
To be
implemented in national law by: 		December 12, 2010
Reference: OJ L 312 of November 22, 2008, p. 3
Full text Consolidated version (not official)
basic version
The regulation must have been implemented in national law.
Please note the information on the current version of legal acts of the European Union !

This article or section needs to be revised: The amending directive to the waste framework directive ( Directive (EU) 2018/851 ) is missing.Please
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The Directive 2008/98 / EC of 19 November 2008 on waste (unofficially Waste Framework Directive ) relies on a directive of the European Community Member States guidelines for policies to transition to a circular economy and in particular for its waste legislation. In order to protect the environment and human health, the aim is to “ avoid or reduce the harmful effects of the generation and management of waste , reduce the overall effects of resource use and improve the efficiency of resource use”, thus ensuring the EU's long-term competitiveness.

development

It replaces the previous Waste Framework Directive, Directive 75/442 / EEC , which has been in force since 1975, with its briefly amended version by Directive 2006/12 / EC, as well as Directives 75/439 / EEC (on the disposal of waste oils) and 91/689 / EEC ( on hazardous waste), which it repealed on December 12, 2010. A new framework directive on waste was necessary, among other things, to clarify key terms that have been controversial in practice, such as waste and by-products, recovery and disposal or waste for recovery / waste for disposal , and to strengthen waste recovery (see Recital 8). The inclusion of provisions on the disposal of used oil and the classification of hazardous waste should contribute to simplification and standardization (recitals 43 and 44).

Directive (EU) 2018/851 of the European Parliament and of the Council of 30 May 2018 amending the Waste Framework Directive, which the member states have to implement by July 5, 2020 through corresponding legal and administrative provisions, now sets further, very ambitious goals for the circular economy . For example, it requires measures to gradually increase the recycling rate for municipal waste to 55 percent by weight by 2025 and 65% by 2035, the separate collection of textiles by January 1, 2025 and the selective demolition of buildings and tightened the rules, under those of since 2015 applicable principle of separate collection of (at least) paper, metal, plastics and glass may be deviated from.

Definitions and scope

The Waste Framework Directive defines terms such as waste , hazardous waste , biowaste , avoidance, reuse, treatment, recovery , preparation for reuse, recycling and disposal for its purposes . The “preparation for reuse” includes, for example, cleaning and repairing waste; Recycling (= material recovery, including processing of organic materials) is of higher value than energetic recovery (before 2010 both were regarded as equivalent).

The concept of waste is differentiated from that of the by-product and the end of the waste property is also explained. This is important in practice, as by-products and products that are no longer considered waste are not subject to the often more strictly regulated waste legislation. "By-products" occur in production without the main objective being directed towards this, can be used after processing with normal industrial processes and must meet the existing product requirements as well as environmental and health protection requirements (Article 5). An “end of waste property” is reached when a usable product is available after a recycling process, for which there is a market and which complies with the existing requirements for the product.

The guideline does not apply to gaseous discharges, radioactive waste, separated explosives, feces, sewage, animal by-products (unless these are intended for incineration, storage in a landfill or use in a biogas or composting plant), bodies of animals that were not killed by slaughter and waste from mineral resources (Article 2) regulated in other legislation.

Waste hierarchy

The guideline builds the ideal of a circular economy in mind on the basic idea of ​​the following order of priority, to which the member states should also orient themselves:

  1. Avoidance
  2. Prepare for reuse
  3. recycling
  4. other recovery (e.g. energy recovery)
  5. Elimination.

Waste prevention

The Member States can adopt measures to give the manufacturers of articles an extended responsibility for the prevention, recycling or other recovery of waste (Article 8). This includes, for example, the taking back of products and the subsequent recycling of waste, the development of reusable or long-lasting products and the development of easily recyclable products. By the end of 2011, the European Commission has to present a report on the development of waste prevention and a product ecodesign policy to counter the creation of waste. By the end of 2014, it must present targets for waste prevention targets to be achieved by 2020. By December 12, 2013, the member states must draw up waste prevention programs in which they set waste prevention targets (Article 29). Examples of waste prevention measures are listed in Annex IV of the Directive (e.g. promotion of the development of less waste-intensive products, promotion of ecodesign , promotion of recognized environmental management systems ).

Also for the reduction and better controllability of hazardous substances in the waste suppliers must of products according to EU law on 21 January 2021 information on SVHC in the ECHA provide. This should then give waste treatment facilities and, on request, consumers access to this database ( SCIP database ).

Reuse and recycling

Member States must take measures to reuse products and promote high quality recycling. Reuse can be promoted, for example, through repair nets, economic instruments or quantitative targets, and recycling through separate collection of waste. The separate collection of at least paper, metal, plastics and glass had to be introduced in the member states by 2015 if this was technically, ecologically and economically feasible. Certain recycling quotas (e.g. 50 percent by weight for paper, metal, plastics, glass from household waste and similar sources and 70 percent for construction and demolition waste) are to be achieved by the end of 2020, and the goal is to increase them over the next few years. The separate collection of biowaste for composting and fermentation should also be promoted by the Member States (Article 22). Recovery processes are listed in Annex II of the directive (e.g. recovery of metals or their compounds, regeneration of acids and bases, renewed oil refining or use as fuel, whereby the energy efficiency of the incineration plant decides whether this waste incineration is energetic recovery or disposal. )

Waste disposal

Waste that cannot be recycled, materially, energetically or otherwise must be subjected to safe disposal procedures, i.e. without endangering human health and without harming the environment. Annex I of the Directive contains a non-exhaustive list of disposal methods , such as landfill (e.g. in a landfill ), permanent storage (e.g. storage of containers in a mine) or incineration.

Waste management

The waste producer / owner is responsible for the waste recovery or disposal, who can (or must) have it carried out by a (private or public) company; unless responsibility has been determined differently by the Member States in individual cases (Article 15). In accordance with the polluter pays principle, the costs are always borne by the producer or owner (Article 14). Member States must make provisions that commercially collected waste is only delivered to waste treatment plants that comply with the requirements of health and environmental protection (Article 15). Special measures are to be taken in the management of hazardous waste (monitoring, prohibition of mixing, labeling; Articles 17–19); Waste oil must also be collected separately (Article 21). Plants and companies that recycle or dispose of waste must be registered and in most cases require a permit (Articles 25, 26). The facilities must be regularly inspected by the competent authorities (Article 34).

National implementation in Germany

In Germany, the provisions of the Recycling Management Act primarily serve to implement the directive. For example, the Waste Catalog Ordinance (AVV) refers to its Appendix III for determining hazardous waste . The waste oil ordinance regulates the separate collection of waste oil specified by the directive .

Further relevant EU directives on waste law

The Waste Framework Directive is supplemented by a number of other directives, including:

literature

Web links

Individual evidence

  1. ↑ Directive 2008/98 / EC on waste and repealing certain directives - BMU laws and ordinances. Retrieved July 6, 2020 .
  2. ↑ Waste law. Federal Environment Agency, June 3, 2013, accessed on July 6, 2020 .
  3. ↑ Article 1, quotation from it
  4. ↑ Art. 2 of Directive (EU) 2018/851 on the deadline.
  5. ↑ Article 6. The case law of the European Court of Justice was adopted.
  6. ↑ Article 9 Paragraph 1 Letter i, Paragraph 2 of Directive 2008/98 / EC, which refers to the REACH regulation . So far, the database only exists as a prototype (as of July 2, 2020).
  7. ↑ Article 11, Paragraph 1, Sentence 3 of the basic version with reference to the reservation of economic efficiency, which is important for practical implementation; Meanwhile different weighting in the rule-exception relationship, in that this reservation is no longer in Art. 10 para. 2, but exceptions can be permitted in the case of disproportionately high economic costs after weighing up the environmental and health costs and the possibilities for improving efficiency and Sales revenue taking into account the guiding principle of the polluter pays principle and the extended manufacturer responsibility , Art 10 Paragraph 3 d) of the 2018 amended version.
  8. ↑ see footnote 8 to Annex II with calculation formula for energy efficiency and differentiation between old and new systems; See also disposal procedure in accordance with Annex ID 10 or D 11. The annexes correspond to Annexes 1 and 2 of the German Recycling Management Act , for energy efficiency s. Appendix 2 fn. 1.
  9. ↑ Articles 12 and 13; Definition of the term “disposal” in Art. 3 no. 19th
  10. ↑ Section 3 (2) AVV.