COM(2018)0656
EUR-Lex

The Commission presented a report on the implementation of EU waste legislation for the period 2010-2012.

Of the 27 Member States under the obligation to report, most have submitted replies to the implementation questionnaires for the directives this report covers, namely:

· Directive 2008/98/EC on waste,

· Directive 86/278/EEC on sewage sludge,

· Directive 1999/31/EC on landfilling,

· Directive 94/62/EC on packaging and packaging waste,

· Directive 2002/96/EC on waste electrical and electronic equipment (WEEE),

· Directive 2006/66/EC on batteries and accumulators.

Quality of reporting : not all Member States have fulfilled the obligation laid down in the Directives to report to the Commission on their implementation every three years. Some did not submit replies to the Implementation Questionnaire 2010-2012.

The Commission noted the highly variable nature of the quality and accuracy of the reports and information provided. Answers frequently only referred to national legislation or to answers given in previous reporting periods, without providing further information on the implementation of the directives on the ground, even when this was explicitly requested.

The Commission considered that the triennial implementation reports prepared by the Member States have not proven effective for verifying compliance with the directives, their implementation and their impact.

Directive 94/62/EC on packaging and packaging waste : this Directive has been in force for more than 20 years and there has been little change since the previous reporting period.

The main findings are as follows:

· measures taken by Member States to prevent the generation of packaging waste include: (i) prevention plans, (ii) producer responsibility schemes, (iii) taxation measures, (iv) pay as you throw systems, (v) green public procurement, (vi) information and awareness-raising campaigns, (vii) eco-design, (viii) action plans for key industries;

· the amount and composition of packaging and packaging waste reported remained stable, with the reported amount of packaging waste being generated across the EU-27 increasing by 0.16% during that period;

· most Member States have taken a variety of measures to encourage re-use (e.g. deposit and return systems for specific types of packaging, taxation measures, obligations to offer products in reusable packaging); some Member States have introduced, or plan to introduce, new deposit refund systems;

· the vast majority of Member States reached the targets for the overall recovery and recycling of packaging waste and the material-specific recycling targets. In general, Member States’ performance improved slightly for recovery (from 76.3% in 2010 to 78.5% in 2012) and recycling (from 63.3% in 2010 to 64.6% in 2012);

· most Member States oblige producers to collect packaging waste for recovery and recycling. Packaging producers fulfil their obligations by setting up their own take-back schemes or by participating in a scheme covering the return, collection, re-use, recycling or other recovery of packaging waste. Some Member States have made progress by expanding existing collective packaging waste management schemes or by setting up additional return schemes and increasing the number of collective compliance schemes for packaging waste;

· most Member States reported the existence of national standards for the maximum concentration levels of heavy metals in packaging. Despite the obligation to report on the functioning of the system provided for in this decision and on progress made in phasing out plastic crates and plastic pallets with too high a concentration of heavy metals, no Member State provided any information about this.

General conclusions : the Commission considered that Member States should make greater efforts to improve the quality, reliability and comparability of data for assessing waste management performance. They could do this by benchmarking reporting methodologies and introducing a data quality check report, so that when reporting on the achievement of the targets set out in the legislation, Member States use the most recent and harmonised methodology.

The Commission recalled that in the recent review of waste policy and legislation , it proposed to repeal provisions obliging Member States to produce triennial implementation reports and to base compliance monitoring exclusively on quality statistical data that Member States must provide the Commission with annually.

COM(2017)0088
EUR-Lex

The Commission presents a report on the implementation of the EU legislation on waste over the period 2007 - 2009 . It covers Directives 2006/12/EC on waste , 91/689/EC on hazardous waste, 75/439/EEC on waste oils, 86/278/EEC on sewage sludge, 94/62/EC on packaging and packaging waste , 1999/31/EC on the landfill of waste, 2002/96/EC on waste electrical and electronic equipment (WEEE) , and 2000/53/EC on end-of-life vehicles .

The Communication recalls that evidence shows that full implementation of EU waste legislation would save EUR 72 billion a year, increase the annual turnover of the EU waste management and recycling sector by EUR 42 billion and create over 400 000 jobs by 2020. However, the report states that illegal waste operations or missing infrastructure in Member States are causing missed opportunities for economic growth, which the EU cannot afford, and leading to environmental threats. It is therefore paramount to take decisive steps to bridge the implementation gap in waste management and move towards a resource efficient society.

According to the information provided by Member States and the available statistical figures, the level of implementation of the Packaging Directive is by and large satisfactory , with only a few Member States missing single targets.

In general, all reporting Member States have properly transposed the requirements of the Directive into their national laws. Based on the information provided by the Member States and the Eurostat statistics, it can be assumed that the overall implementation level continues to be satisfactory. Only two Member States have indicated that their national legislation has been modified during the reporting period.

Between 2007 and 2009, the amount and composition of packaging waste generated remained quite stable, with a slight increase by weight in 2007 and 2008. In 2009, there was a significant decrease in the amount of packaging waste generated below the 2005 levels, although it is not possible to precisely indicate the reasons triggering this development.

Greece, Ireland and Portugal have been granted transitional periods regarding the targets for treatment of packaging waste until 2011 because of the large number of small islands, the presence of rural and mountain areas and the low level of packaging consumption respectively. In addition, Directive 2005/20/EC and the Treaties of Accession grant a later deadline to meet the targets for the countries which have acceded the European Union in 2004 (the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia, Slovakia) and 2007 (Romania and Bulgaria).

The total recovery and recycling rates increased significantly compared to the previous reporting period, mainly due to the introduction of packaging waste collection and treatment systems in the new Member States. Between 2007 and 2009, the total recovery and recycling rates underwent a slight but steady increase at EU-27 level.

The vast majority of Member States attained the targets for overall recovery and recycling as well as the material-specific recycling targets, with some exceptions. In 2009, four Member States did not meet one or more of the defined targets. Some Member States did not achieve a target in one year but were able to reach it in the previous or subsequent year, which seems to suggest that no systematic structural deficits in waste management infrastructure exist in those Member States. However, other Member States consistently failed to achieve the overall recovery/recycling targets or material-specific targets over the reporting period, and this problem needs to be addressed individually.

The majority of Member States took measures to prevent the formation of packaging waste; nevertheless, encouraging the prevention of packaging waste and developing packaging re-use systems remains a continuous task for Member States. All reporting Member States indicated the establishment of separate collection schemes for packaging waste. The systems differ as to their degree of efficiency and availability for the population and the cost for the citizen. Some of the Member States that acceded in 2004 have only recently started to put relevant infrastructure in place via pilot projects in urban areas.

Member States implemented a number of different initiatives for awareness-raising of consumers and businesses on environmentally sound management of packaging waste, including separate collection. Where such systems were put in place, the performance of separate collection (and subsequent quality of recycling) was significantly better.

Implementation and practical enforcement of the requirements set by the Directive vary considerably between the Member States, which is confirmed by the evaluation of statistical data. The Packaging Directive is also subject to the planned ex-post evaluation to be launched in 2013.

COM(2013)0006
EUR-Lex

COM(2012)0141

COM(2012)0141

Article 3(1) of Directive 94/62/EC defines 'packaging' by setting out a number of criteria. The items listed in Annex I to that Directive are illustrative examples of the application of those criteria.

For reasons of legal certainty and harmonisation of the interpretation of the definition of 'packaging'', it is necessary to review and amend the list of illustrative examples to clarify additional cases where the borderline between what is packaging and what is not, remains unclear. The review follows calls from Member States and economic operators to reinforce the implementation of the Directive and create a level playing field in the internal market.

Directive 94/62/EC should therefore be amended accordingly.

The Committee established by Article 21 of Directive 94/62/EC has not delivered an opinion on the measures provided for in this Directive. In the light of the position taken by the Committee, the item 'release paper of self-adhesive labels' has been deleted from the proposal.

Thus, in accordance with the procedure set out in Article 5a of Decision 1999/468/EC a proposal for a Directive 94/62/EC is submitted to Council and forwarded to the European Parliament.

COM(2012)0141
EUR-Lex

This Commission Staff Working Document accompanies the Commission Communication on the implementation of the Community waste legislation (2004-2006):

Directive 2006/12/EC on waste, Directive 91/689/EEC on hazardous waste, Directive 75/439/EEC on waste oils, Directive 86/278/EEC on sewage sludge, Directive 94/62/EC on packaging and packaging waste, Directive 1999/31/EC on the landfill of waste, Directive 2002/96/EC on waste electrical and electronic equipment.

To recall, each year or every two years Member States have to report to the Commission on the achievement of the collection, re-use, recycling and/or recovery targets for certain waste streams such as packaging waste, waste electrical and electronic equipment, and end-of-life vehicles.

The 2004-2006 report reveals that EU waste law is being poorly implemented and enforced in many Member States . The assessment highlights the need for significant efforts by Member States to ensure that waste management meets the standards set by EU legislation.

SEC(2009)1586
EUR-Lex

This report aims to inform the other Community institutions, the Member States and the public about the implementation of the EU legislation on waste over the period 2004-2006 . It covers Directives 2006/12/EC on waste , 91/689/EC on hazardous waste, 75/439/EEC on waste oils, 86/278/EEC on sewage sludge, 94/62/EC on packaging and packaging waste, 1999/31/EC on the landfill of waste , 2002/96/EC on waste electrical and electronic equipment , and 2000/53/EC on end-of-life vehicles .

As regards the implementation of this Directive, the report recalls that the Packaging Directive aims to harmonise national measures in order to prevent or reduce the impact of packaging and packaging waste on the environment and to ensure the functioning of the Internal Market. It contains provisions on the prevention, recovery and recycling of packaging waste and on the re-use of packaging. The Directive sets recycling and recovery targets, obliges Member States to introduce collection schemes for packaging waste, and introduces minimum requirements which all packaging has to meet to be put on the Community market.

The Directive has been properly transposed by all Member States and the overall level of its implementation is satisfactory. No infringement cases were open in 2009.

The Directive has brought about positive environmental effects from the stable recycling and recovery rates of packaging waste .

In the reporting period 2004–2006, the amount of packaging waste generated was on the increase (with a part of this increase due to the 2004 enlargement of the EU), whilst the recycling and recovery rates remained stable with only a slight overall decrease. In 2006, eight Member States did not achieve one or more of the required recycling/recovery targets. Separate collection schemes for packaging waste were implemented throughout the EU, albeit with a differing degree of efficiency, and consumer awareness about the need to manage packaging and packaging waste in an environmentally sound manner was at the focus of all Member States.

Implementation : t he practical implementation and enforcement of the essential requirements was however questioned by some stakeholders and triggered a closer scrutiny of the situation by the Commission. As regards the Internal Market impacts of the Directive, in recent years legal discussions were being held between the Commission and Member States on the compatibility of national measures taken to reduce the environmental impact of beverage packaging and the amount of waste which it generates with the Internal Market rules . While their overall goal is often justified for environmental reasons, certain national measures go beyond what is necessary and risk impeding in a disproportionate way the use and marketing of beverages and their packaging. In a move to prevent further Internal Market problems and to reduce the number of legal discussions with Member States, the Commission adopted a Communication on " Beverage packaging, deposit systems and free movement of goods " which summarizes solutions found and developed so far.

General conclusions : whilst Community legislation is reasonably well transposed into national legislation, although sometimes with significant delays, the lack of adequate enforcement causes widespread failure in achieving the agreed environmental protection objectives in practice. The implementation and "real-world" application" of waste legislation in the reporting period 2004-2006 remained unsatisfactory in many areas. As demonstrated by a large number of infringement cases, the state of practical implementation remains critical in respect of the Waste Framework Directive, the Landfill Directive, and the Waste Shipment Regulation where coordinated efforts are required to bring the situation in line with the legislation.

In particular, it is advisable that, together with the Commission, Member States and The European Union Network for the Implementation and Enforcement of Environmental Law (IMPEL) increase their actions to bridge the implementation gap of the Landfill Directive. Also in various Member States the results of the WEEE, Packaging and ELV directives remained below the agreed binding targets and numerous infringement cases continued to be open.

Even though progress was made in some Member States, huge implementation efforts need to be undertaken in many countries. Some reported problems are particularly common in countries which joined the Community in 2004 where over 90% of waste continues to be landfilled .

Efforts need to be stepped up in order to bring the waste management infrastructure in line with the requirements of the Community legislation, including:

creating separate collection systems for different waste streams, education of citizens, investments in pre-treatment of waste before its final disposal.

These efforts are crucial to make the letter of law effectively protect the environment and human health.

COM(2009)0633
EUR-Lex

SEC(2006)1579
EUR-Lex

The Commission has presented its report on the implementation of Directive 94/62/EC on packaging and packaging waste and its impact on the environment, as well as on the functioning of the internal market.

Packaging is a relatively small but not insignificant product and waste stream. In 2002, around 66 million tonnes of packaging waste were generated in EU15. This is around 5% of total waste generation. Packaging waste accounts for around 17% of municipal waste by weight8 and between 20% and 30% by volume. However, weight is not the best indicator for the environmental impacts of packaging waste and the impacts of packaging throughout its life cycle. The overall environmental impacts of packaging are in the order of magnitude of one to a few percent of the overall economy. For example, the greenhouse gas emissions related to packaging consumption in the EU15 are estimated at around 80 million tonnes of CO2 equivalent per annum. This is around 2% of total greenhouse gas emissions of EU15. The share of packaging for other environmental impacts, such as air acidification, fine particles and eutrophication is of a comparable magnitude.

The ex-post assessment of the impact of the Packaging Directive on the environment shows an increase of packaging recovery and incineration at waste incineration plants with energy recovery by 9% and an increase of packaging recycling by 8% between 1997 and 2002. At the same time, all the targets established in the directive were met in 2002. Recycling of packaging had positive environmental effects, including greenhouse gas savings and resource savings. Other environmental benefits include reduced emissions of particulates, decreased acidification, less traffic noise, odours, visual disturbance etc. These are noticeable and significant benefits of the industry’s efforts to implement the requirements of the Packaging Directive. The data demonstrate that the additional costs related to the recycling obligations of the Packaging Directive as compared to other waste management options (e.g. disposal) are not significantly higher and show a decreasing trend. The costs for packaging recycling are in the same order of magnitude as the most cost-efficient alternatives to reduce CO2 emissions and other environmental impacts.

The Commission considers that the recycling and recovery targets contained in the Packaging Directive are currently optimal and should remain stable to enable all the Member States to catch-up with these targets. A substantial progress on prevention can only be achieved through the application of measures tailored to specific conditions in which packaged goods are marketed such as, for instance, consumption and distribution patterns. Incorporating in waste framework legislation an obligation for Member States to develop waste prevention programmes as proposed by the Commission in the context of the Thematic Strategy on the prevention and recycling of waste constitutes an appropriate instrument to promote waste prevention in general as well as prevention of packaging waste in particular.

In the longer term, recycling of packaging waste must be seen in the general framework of EU waste recycling policy as defined in the Thematic Strategy on the prevention and recycling of waste. The Commission intends to include an assessment of the progress made by the Member States in preventing, recycling and recovering waste in the 2010 review of the Thematic Strategy on the prevention and recycling of waste. This assessment shall build, inter alia, on an update of the assessment of the impacts of the Packaging Directive and take into account the progress of the Member States towards the increased recycling rates set by the European Parliament and the Council in the 2004 review of the Directive.

There is evidence (particularly in the beverage sector) that the Directive has not yet fully achieved its internal market objective. This is partly due to incorrect implementation of the provisions of the Packaging Directive, but also due to the increasing number of unilateral measures leading to a partitioned market. Therefore, the Commission will further evaluate the need for action that could be taken on the EU level to avoid constraints as regards the internal market in the future. Progress towards the proper enforcement of the essential requirements and harmonized definitions and reporting procedures across Member States will further contribute to the creation of a level playing field for all economic operators.

COM(2006)0767
EUR-Lex

SEC(2006)0972
EUR-Lex

This report from the Commission aims to inform other Community institutions, Member States and the public about the implementation of EU waste legislation over the period 2001 to 2003. In particular, it examines the following specific directives :

- 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;

- Directive 94/62/EC on packaging and packaging waste;

- Directive 1999/31/EC on the landfill of waste.

The report is based on information provided by the Member States and is accompanied by a Commission staff working document which gives a more detailed account of the information and data received from them.

Overall, in spite of the progress made, implementation of EU waste still cannot be considered satisfactory, as demonstrated by the large number of infringement procedures concerning waste. Significant efforts therefore need to be made towards full implementation, especially in the form of promoting waste prevention and recycling. These issues in particular are now addressed by the recently adopted EU Thematic Strategy on waste prevention and recycling, which focuses on the environmental impact of waste and on life cycle thinking in waste management.

COM(2006)0406
EUR-Lex

EUR-Lex
COM(2003)0250

EUR-Lex
COM(1999)0596

Directive 1994/62
OJ L 365 31.12.1994, p. 0010

OJ C 018 23.01.1995, p. 0049-0060
T4-0177/1994

T4-0177/1994

A4-0113/1994
OJ C 018 23.01.1995, p. 0020

A4-0113/1994

3633/1994

3633/1994

EUR-Lex
SEC(1994)1785

1765

EUR-Lex
COM(1994)0204

OJ C 205 25.07.1994, p. 0145-0163
T3-0403/1994

T3-0403/1994

Debate in Parliament

OJ C 128 09.05.1994, p. 0012
A3-0237/1994

A3-0237/1994

EUR-Lex
SEC(1994)0331

04543/1/1994
OJ C 137 19.05.1994, p. 0065

04543/1/1994

OJ C 342 20.12.1993, p. 0015-0033
T3-0683/1993

T3-0683/1993

OJ C 342 20.12.1993, p. 0003
A3-0365/1993

A3-0365/1993

EUR-Lex
COM(1993)0570

EUR-Lex
OJ C 285 21.10.1993, p. 0001
COM(1993)0416

EUR-Lex
COM(1993)0416

OJ C 194 19.07.1993, p. 0133-0154
T3-0371/1993

T3-0371/1993

Debate in Parliament

OJ C 194 19.07.1993, p. 0003
A3-0174/1993

A3-0174/1993

CES0345/1993
OJ C 129 10.05.1993, p. 0018

EUR-Lex
OJ C 263 12.10.1992, p. 0001
COM(1992)0278

EUR-Lex
COM(1992)0278