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Energy-from-waste counts as recovery, EU agrees

The European Parliament and Council have confirmed that incineration of packaging waste will continue to count towards recovery targets but has also called for a general review of the issue, writes Caroline Morley.

The decision comes after a meeting of the EU conciliation committee which has been ironing out some issues over future implementation of the Packaging Waste Directive. Yesterday, agreement was reached over a number of points between MEPs and European Member States. The agreement is still subject to final ratification by the European Parliament but seems certain to become law as it also has support from the European Commission.

Incineration and packaging

Incineration with energy recovery had been deemed as disposal instead of recovery by the European Court of Justice earlier this year. The ruling meant that the packaging waste legislation needed to be amended otherwise to meet their packaging recovery targets EU countries would not have been able to count packaging waste “recovered” in energy-from-waste incinerators.

They would only be able to count recycled material and recovery in specific uses such as in cement kilns. The Court considered that cement kilns were genuinely recovering energy whereas incineration of waste was considered a disposal route, even if there was energy recovery.

A statement from the European Parliament said: “Consequently, in order to reach an agreement the EP and Council clarified the word “recovery” in the light of the Court's judgment. Whereas the 1994 Directive calls for packaging waste to be “recovered”, the revised law will now read “to be recovered or incinerated at waste incineration plants with energy recovery”, thereby broadening the definition of what is understood by “recovery” in this context. In addition, a tripartite statement has been added, in which all three institutions undertake to review this issue at the earliest opportunity. The Commission also intends to “propose amendments as appropriate to the relevant legislation”.”

A statement from the European Commission explained: “The solution found allows Member States to continue to count incineration for the EU targets but also foresees a general review of this issue in the framework of the EU Thematic Strategy on Waste Prevention and Recycling, which is in preparation.”

Targets

The conciliation committee also agreed the new 2008 recycling targets for materials, which will see an overall recycling increase from 25 to 55%.

Environment Commissioner Margot Wallstrom said: “I am happy that the agreement now opens the way for a substantial increase in the recycling of packaging waste. It will enable consumers to actively participate in recycling schemes and show their commitment to a more responsible management of packaging waste.”

The agreement by the conciliation committee must be ratified by the European Council and Parliament and a vote is scheduled for January. The new Directive is likely to enter into force in early spring 2004 and will need to be transposed into national legislation by autumn 2005.

The conciliation committee has also given Greece, Ireland and Portugal until 2011 to meet the targets. For the countries joining the European Union in the next few years they have been set deadlines for when they must meet the targets; 2012 for Cyprus, the Czech Republic, Estonia, Hungary, Lithuania, Slovakia and Slovenia; 2013 for Malta; 2014 for Poland and 2015 for Latvia.

See also letsrecycle.com story.

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