The Commission presents a report on the implementation of EU waste legislation, including the early warning report for Member States at risk of missing the 2020 preparation for re-use/recycling target on municipal waste.

The report is based on information provided in national implementation reports for the 2013- 2015 period on:

Directive 2008/98/EC (Waste Framework Directive); Directive 2002/96/EC on waste electrical and electronic equipment (WEEE); Directive 94/62/EC (Packaging Directive); Directive 1999/31/EC (Landfill Directive); Directive 86/278/EEC (Sewage Sludge Directive).

Municipal waste – early warning reports

In 2016, Europeans generated on average 480 kg of municipal waste per person, 46 % of which was recycled or composted, while a quarter was landfilled. Municipal waste represents only around 10 % of the total waste generated in the EU, but it is one of the most complex streams to manage due to its diverse composition, its large amount of producers and fragmentation of responsibilities.

The revised Waste Framework Directive includes new and more ambitious targets: 55 % municipal waste preparing for re-use/recycling target to be achieved by 2025, 60 % by 2030 and 65 % by 203512. It also introduces a system of early warning reports to assess Member States’ progress towards these targets three years ahead of the respective deadlines, 14 Member States have been identified as at risk of missing the 2020 target of 50%. These are: Bulgaria, Croatia, Cyprus, Estonia, Finland, Greece, Hungary, Latvia, Malta, Poland, Portugal, Romania, Slovakia and Spain. Country-specific actions to close the gap have been identified, as well as common priorities, including:

cascade national recycling targets down to the municipal level with responsibility for waste collection systems, and ensure that there are consequences for municipalities that fail to meet targets. introduce measures (incl. taxes) to phase out landfilling and provide economic incentives to support the waste hierarchy; introduce mandatory requirements to sort bio-waste; improve Extended Producer Responsibility (EPR) schemes; introduce measures to encourage households to sort waste, including higher collection frequency for separated streams as compared with that for mixed waste.

Construction and demolition waste

The Waste Framework Directive sets a 2020 target of 70 % preparation for re-use, recycling and other material recovery for this waste stream. Member States’ performances vary significantly, with over half reporting that they already met the 2020 target in the 2013- 2015 period, and some even achieving over 90% recovery. However, Cyprus, Greece, Slovakia, and Sweden are still below 60 %. The report sets out key actions.

Hazardous waste

The analysis of hazardous waste management across the EU, including on PCBs/PCTs, suggests that there are serious gaps in the implementation of key legal obligations. These include inadequate planning, data inconsistencies and statistical gaps between generation and treatment, and misclassification of waste. The report sets out general list of priority actions.

Waste electrical and electronic equipment

During the 2013-2015 period, the amount of waste equipment collected from private households in the EU 28 grew by 8 %. In 2014, an average of 6.21 kg of waste equipment per person was collected from private households. In 2015, 23 Member States met the minimum collection target of 4 kg of household WEEE per person with Sweden and Denmark collecting as much as 12 kg while Cyprus, Latvia, Malta and Romania missed the target by a considerable margin. The Commission sets out recommendations for improvement.

Packaging waste

In 2015, the total packaging waste generated around 3.4 % of the total waste generated. The amount of waste generated has been slowly increasing in the recent years. Since 2005, the average overall packaging recycling rate in the EU has steadily increased (to 65.8 % in 2015). However, between 2013 and 2015 the amount of packaging waste generated grew by 6 % across the EU, suggesting that more work on waste prevention is needed.

The revised Packaging Directive introduced more ambitious overall recycling targets for packaging (65 % in 2025 and 70 % in 2030), and higher material-specific targets (such as 55 % in 2030 for plastic). This will require increased efforts across the EU to organise separate collection schemes more efficiently in order to capture more recyclables, including through improved EPR schemes. Most Member States are meeting current overall recycling targets, although Hungary (since 2012) and Malta (since 2013) missed them by a considerable margin. Several Member States missed one or more material-specific targets. The Commission has engaged with the Member States concerned and developed targeted advice via the compliance promotion and other activities to improve performance.

Landfilling

Landfilling is the least preferable waste treatment option. Large differences across the EU persist: in 2016, 10 Member States still landfilled over 50 % of municipal waste, while five reported rates above 70 %. The revised Directive requires Member States to reduce the landfilling of municipal waste to a maximum of 10 % by 2035, and it introduces a ban on the landfilling of separately collected waste, including biodegradable waste. As regards meeting the targets for biodegradable waste reduction, the completeness of the data submitted by Member States varies. According to the reported data, in 2015, half of Member States had already met the 35 % target for 2016.

15 Member States are not fully meeting the obligation laid down in the Directive to treat waste before landfilling. Despite the closures of non-compliant landfills reported by the Member States, the number of facilities that are not in line with the requirements of the Directive remains a matter of concern.

Sewage sludge

The Directive has been in force for over 30 years and is well implemented across the EU. All Member States have set concentration limit values for heavy metals in soil that are in line with the requirements of the Directive - or indeed much stricter.

The report concludes that full implementation of waste legislation is crucial if the EU is to reap the environmental and economic benefits of the circular economy and compete in a world of increasingly scarce resources. Good progress is possible if the Member States concerned take action urgently to implement the actions identified in the report and the accompanying country-specific reports.

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 2002/96/EC on waste electrical and electronic equipment (WEEE) : the current exercise covers the old WEEE Directive, which has since been replaced by the Directive 2012/19/EU.

The main findings are as follows:

· all Member States have set up collection systems and have introduced:

(i) provisions for the environmentally sound treatment of WEEE;

(ii) measures to ensure financing by producers of the collection, treatment, recovery and environmentally sound disposal of WEEE from private households;

(iii) measures to ensure that producers provide relevant information to consumers and to WEEE treatment facilities.

· more WEEE was collected, re-used/recycled and recovered between 2010 and 2012 than in the previous reporting period;

· the amount of WEEE collected from households in the EU-27 increased from 2.97 million tonnes by the end of 2009 to 3.02 million tonnes by the end of 2012 ; 17 Member States met the target of collecting 4 kilogrammes per inhabitant of WEEE from households;

· most Member States have achieved the specific re-use / recycling and recovery targets of the Directive: as far as consumer equipment is concerned, 26 Member States have reached the target of re-use / recycling 65% and the 75% valuation target. They also achieved the 50% reuse / recycling target and the 70% recycling target for household appliances.

· most Member States reached the Directive’s category-specific targets for re-use/recycling and recovery. With regard to consumer equipment , 26 Member States reached the 65% re-use/recycling target and the 75% recovery target. They also achieved the 50% re-use/recycling target and the 70% recovery target for household appliances .

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

COM(2013)0006

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 WEEE Directive is by and large satisfactory, with only a few Member States missing single targets. The report recalls that the WEEE Directive aims at promoting and optimising the collection, re-use, recycling and recovery of waste from electrical and electronic equipment (WEEE).

In 2008, the Commission launched a recast of the WEEE Directive in order to adapt the collection targets to the reality of the different Member States, to strengthen provisions against illegal shipments, and to reduce administrative burdens. The new WEEE Directive was adopted on 4 July 2012.

All Member States have transposed the relevant provisions of the WEEE Directive into their national laws.

Based on the national implementation reports for the period 2007 to 2009 and the data submitted on target achievement, it appears that the level of compliance with the Directive was in general satisfactory. In the reporting years 2007 and 2008, the EU-15 countries had to comply with the targets laid down in the Directive. In 2008, also Slovenia had to fulfil this requirement. The other Member States will have to show compliance from the reporting year 2009 onwards. Of those countries that needed to comply in 2008, only Italy and Slovenia were significantly below the current collection target of 4kg. A positive trend for collection and recovery is clearly visible from the yearly data reported up to now.

All reporting Members States indicated the establishment of collection systems for WEEE.

Municipal collection was the dominant option chosen - private individual systems exist only in a few cases in addition to the collective ones. National systems differ in their complexity and efficiency, proximity and availability to inhabitants. In addition, the level of development differs from country to country and between rural and urban areas.

An increasing amount of WEEE was collected, re-used/recycled and recovered over this reporting period in all Member States for which data was available. The vast majority of Member States was able to reach the collection targets provided by the Directive, and to reach the category-specific re-use/recycling and recovery targets. Where Member States failed to comply with the targets of the Directive, usually they did not comply with selected targets only (and not with the whole set of targets). In 2007 and 2008, the waste-stream specific reuse/recycling targets were not met by up to three reporting Member States.

COM(2013)0006
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 amount of waste from electrical and electronic equipment (WEEE) in the EU is presently estimated at 8.3-9.1 million tonnes annually, increasing to about 12.3 million tonnes by 2020 according to recent estimates. WEEE needs to be managed in a controlled way due to its quantities and often hazardous nature, but also because it contains valuable resources. The WEEE Directive aims to lower the environmental impacts of the disposal of this waste stream and optimise its collection, reuse, recycling and recovery at high environmental and health standards. The EU's major trading partners have followed the European example and brought into force similar legislation (e.g. China, Korea, Japan, some US states).

Implementation : despite the existence of the Directive, only one third of electrical and electronic waste in the Community is reported as appropriately treated. The other two thirds are going to landfills and potentially to sub-standard treatment sites in or outside the EU. Illegal trade of electrical and electronic waste to non-EU countries continues to be widespread. Inadequately treated products pose major environmental and health risks. The collection target of 4 kg per person per year does not properly reflect the situation in individual Member States and has not been met by five Member States in 2006 (two other did not report). All the ten applicable recycling targets were met by only five Member States and the nine recovery targets merely by four.

In 2009, infringement cases for non-conformity with the WEEE Directive were pending against 14 Member States and for failure to report against one. There were also eight pending infringement cases for non-conformity with the related restrictions on hazardous substances (RoHS) Directive.

In December 2008 the European Commission proposed to recast the WEEE Directive in order to address some of the observed implementation deficiencies, tackle the fast increasing waste stream of such products, and strengthen the enforceability of this legislation.

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

32004D0249
OJ L 078 16.03.2004, p. 0056-0059

Directive 2002/96
OJ L 037 13.02.2003, p. 0024-0039

T5-0620/2002
OJ C 031 05.02.2004, p. 0161-0178 E

T5-0620/2002

Debate in Parliament

3663/2002

3663/2002

A5-0438/2002

A5-0438/2002

COM(2002)0353
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T5-0160/2002
OJ C 127 29.05.2003, p. 0161-0490 E

T5-0160/2002

Debate in Parliament

A5-0100/2002

A5-0100/2002

EUR-Lex
SEC(2001)2021

11304/1/2001
OJ C 110 07.05.2002, p. 0001 E

11304/1/2001

EUR-Lex
OJ C 240 28.08.2001, p. 0298 E
COM(2001)0315

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COM(2001)0315

T5-0246/2001
OJ C 034 07.02.2002, p. 0025-0115 E

Debate in Parliament

T5-0246/2001

A5-0148/2001

A5-0148/2001

CDR0269/2000
OJ C 148 18.05.2001, p. 0001

2321

CES1433/2000
OJ C 116 20.04.2001, p. 0038

2295

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COM(2000)0347

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COM(2000)0347