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Revised Framework Directive to sit beside Thematic Strategy

The definition of waste will not be changed under the latest proposals for revisions to the Waste Framework Directive, a top European Commission official has revealed.

But, for the first time ever, the Commission is to suggest that the concept of defining when specific wastes become non-wastes after treatment is under active consideration.


” The review of the Waste Framework Directive is an integral part of the forthcoming Thematic Strategy.“
– Dr Klaus Kogler, European Commission

The Waste Framework Directive, published 30 years ago, is the most crucial piece of legislation underpinning waste and recycling rules within the EU. A proposed revised Framework Directive is set to appear before the end of the year alongside publication of the Thematic Strategy on the Prevention and Recycling of Waste (see letsrecycle.com story).

An explanation of the latest stage of thinking in the proposed revision of the Waste Framework Directive came in detailed debate held at the international waste management industry conference in Budapest last Friday, September 30. The event was the annual conference of FEAD and was organised by the Hungarian Association of Environmental Enterprises with UK representatives present from the Environmental Services Association.

Integral
Commission official Dr Klaus Kogler, deputy head of the EC unit for sustainable production and consumption, explained that the framework directive “more or less governs what should happen to waste in the European Union.” He continued: “The review of the Waste Framework Directive is an integral part of the forthcoming thematic strategy, so consequently a review of existing legislation is forming part of that.”

However, he cautioned that what he was saying “will not definitely be the final texts”. The proposals are currently being scrutinised by various Commission departments.

Dr Kogler explained that the original Waste Framework Directive was devised against a general background of the world running out of resources. Various EU politicians and commissioners have since suggested a change in approach with a need to provide for resource management without automatically accepting that resources are running out.

Discarded
The official said that the concept of material or a product being wasted when it is “discarded” is likely to remain true in the reworked Waste Framework Directive. He noted thought that “we see room for improvement over when it ceases to be waste and some definitions for certain waste streams could make the legislation easier to handle, although there will not be a wholesale review.”

Incineration
Dr Kogler also suggested that the issue of burning waste in waste incineration plants – and this not being considered energy recovery by the European Court of Justice – will be tackled in the review of the Directive. He said that the court's decision, which had decided that energy recovery cannot be counted from a plant which is built primarily for the disposal of waste, “has surprised everyone and made life very difficult.”

Accordingly the matter will feature in the revised Directive with likely amendments to give recovery status to incinerators.

Hazardous waste and oil
Significant other changes to waste legislation are likely to be proposed for the new Waste Framework Directive which will also see the Hazardous Waste Directive merged into the Waste Framework Directive.

Related links:

Waste Framework Directive

FEAD

Significant changes will also be made to the Waste Oil Directive 1975 which was amended in 1987. In line with the concept that oil should not just be seen as a resource in short supply, Dr Kogler said that the part of the Directive which gives priority to regeneration of oil might be repealed “and let what is suitable for individual circumstances rather than just regeneration.”

A full review of the FEAD conference will be given in the fortnightly magazine Resource Management and Recovery magazine, produced by letsrecycle.com. For a free copy, please email: rmr@letsrecycle.com

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