Stakeholder meeting on the functioning of waste markets within the EU meeting minutes 16th November 2015, 09am-5pm* Rue Philippe Le Bon, 3, 1000 – Brussels (conference room 4/56) Content Stakeholder meeting on the functioning of waste markets within the EU .......................................1 1 List of participants ...................................................................................................1 2 Agenda ......................................................................................................................4 3 Presentations and detailed minutes ......................................................................5 3.1 Welcome by DG Environment (Peter Wessman) ..................................................... 5 3.2 Introduction (Mike Van Acoleyen ARCADIS) ............................................................ 5 3.3 Your voice in Europe questionnaire (Rob Williams TRINOMICS) ............................ 8 3.4 Introductory presentations by stakeholders ............................................................ 12 3.4.1 ISWA’s view on the major waste market distortions ............................................... 12 3.4.2 Eurometaux’ views on obstacles to movements of waste within the EU ................ 17 3.4.3 EEB’s and ZWE’s views on obstacles to movements of waste within the EU ....... 20 4 General conclusions ............................................................................................ 22 1 List of participants Pille Aarma Ali Akdag Werner Annaert Piotr Barczak Richard Barnish Valentina Bolognesi Julien Bouyeron Martin Brocklehurst Annick Carpentier Isabelle Conche Christel Davidson Nadine De Greef Nicolas de la Vega Luigi Della Sala ministry of environment Estonia CIRFS, European Man-Made Fibres Association FEBEM/FEGE, Federation of Environmental Companies, belgium EEB, European Environmental Bureau DHL courrier service Digitaleurope, digital technology industry in Europe FCD Fédération des entreprises du Commerce et de la Distribution France ISWA, international solid waste association Eurometaux, european association of metals Eucopro, European Association for Co-processing Eurocommerce, association for retail, wholesale and international trade interests FEAD, European Federation of Waste Management and Environmental Services EBA european biogas association Eurogypsum, Gypsum Industry Europe. Mark Dempsey Sandrine Devos Bianca Drogosch Manuela Ernst Rosa Gaspar Ferran Lorenzo Ferrucci Maxime Furkel Magdalena Garczynska Magnus Gislev Gunnar Grini Soeren Grumptmann Marc Guiraud Carl Hagberg Michael Hale Christian Hartmann Alain Heidelberger Michael Heinzlreiter Chris Heron Nicolas Humez Luca Ibelli Alagonda Elisabeth Jager Hendrikus Janus Svend Erik Jepsen Mikołaj Józefowicz Lorena Jurado Emmanuel Katrakis Raziyeh Khodayari Franz Kirchmeyr Michal Kubicki Torsten Laksafoss Holbek Stijn Lambert Kristy-Barbara Lange Krzysztof Laskowski Hélène Lavray HP, HewlettPackard UEPG, Union Européenne des Producteurs de Granulats VKU, Verband Kommunaler Unternehmen VKU, Verband Kommunaler Unternehmen Zero Waste Europe, NGO empowering communities to rethink their relationship with resources Food Drink Europe, industry federation LexMark, creates enterprise software, hardware and services EAA European Aluminium Association, represents the value chain of the aluminium industry in Europe European Commission DG GROW Norsk Industri, Confederation representing corporate Norway VDMA, Verband Deutscher Maschinen- und Anlagenbau, German Engineering Federation EUCO Light, The European association of collection and recycling organisations for WEEE lamps and lighting. Stena Metall, recycles and processes metals, paper, electronics, hazardous waste and chemicals. Central Lobby, an independent parliamentary and public affairs consultancy. Cambre Associates, Brussels-based integrated public relations and public affairs consultancy. Hazardous Waste Europe (HWE), represents hazardous waste treatment installations in Europe Next Generation Group (NGR), Design and manufacture of extruders, shredders, etc for the plastics recycling industry. Eurometaux, european association of metals Hazardous Waste Europe (HWE), represents hazardous waste treatment installations in Europe Cefic, European Chemical Industry Council Janus Vaten, condiotioning and sale of new and second use drums and IBC Janus Vaten, condiotioning and sale of new and second use drums and IBC Confederation of Danish Industry (DI) representing corporate Denmark. Independent consultant providing private sector clients with advice on Extended Producer Responsibility Conseil General de Cambres de Catalunya, Catalonian chamber of commerce EuRIC, Confederation representing the interests of the European recycling industries. Svenskfjarrvarme, Swedish District Heating Association Kompost & Biogas Österreich, umbrella organization for five Austrian compost & biogas organisations. European Commission, DG Grow Head Of Office MEP Morten Løkkegaard Arcadis Belgium European Bioplastics Euroheat & Power, international association representing District Heating and Cooling and Combined Heat and Power sector in Europe Eurelectric, The association of the electricity industry in Europe Ulrich Leberle Ji un Lee Shin Marc Leemans Michal Len Andreas Loukatos Vagner Maringolo Natalia Matting Marcello Missaglia Christian Monreal Sarah Mukherjee Isabelle PACE Guillaume Perron-Piché Matthias Pflüger Adrian Platt Joachim Quoden Mitra Qurban Umberto Raiteri Rauno Reinberg Britt Sahleström Oliver Santiago Helmut Schmitz Christophe Scius Elisa Setien Arjen Sevenster Baudouin Ska Ella Stengler Jane Stratford Jane Stratford Emilie Stumpf Katarine Svatikova Andreas Tack Mike Van Acoleyen Patrick Van den Bossche Vincent Van Dijck Konstantinos Velis Vanya Veras Ronalds Vitins Rebecca Walker Peter Wessman Rob Williams Cepi, industry federation for the European pulp, paper and board industries. Umicore, non ferrous metals producer OVAM, public Flemish Waste Agency RREUSE, represents social enterprises active in re-use, repair and recycling. ETVA, environmental services consultant CEMBUREAU, European cement association European Commission, DG GROW Missaglia e associati, independent consulting REMONDIS, recycling, service and water company Veolia, waste management operator Veolia, waste management operator Eswet, European Suppliers of Waste to Energy Technology BDE Federation of the German Waste, Water and Raw Materials Management Industry Befesa, technology solutions for industrial waste management Expra, umbrella organisation for packaging and packaging waste PROs DP DHL, Deutsche Post DHL courrier service ERP, European Recycling Platform, implementing regulations on the recycling of electrical and electronic waste Republic of Estonia, Ministery of Public Affairs AI Swedish Recycling Industries' Association Unesid, union of Spanish steel industry Der Grüne Punkt, German PRO Suez Environnement S.A.French-based utility company for water treatment and waste management EFCC, European Federation for Construction Chemicals Plastics Europe, Represents the interest of the plastics manufacturing industry in Western Europe FEBEM/FEGE, Federation of Environmental Companies, belgium CEWEP, represents Waste-to-Energy Plants across Europe. Defra, UK Department for Environment, Food & Rural Affairs Defra, UK Department for Environment, Food & Rural Affairs CECED, European committee of domestic equipment manufacturers Trinomics WV Stahl, Wirtschaftsvereinigung Stahl , German steel industry federation Arcadis Belgium Agoria, Belgian technology industry federation ETIRA, European Toner & Inkjet Remanufacturers Association University of Leeds MWE Municipal Waste Europe, European association representing municipalities responsible for waste management KP Konkurrences Padome, Lithuanian competent authority on competition SEPA, Scottish Environment Protection Agency European Commission, DG ENV Trinomics 2 Agenda 08h30 09h00 09h15 09h45 10h15 10h30 11h00 11h30 12h00 12h45 14h00 15h00 15h15 Coffee and registration Welcome by DG Environment (Peter Wessman DG ENV) - Welcome word - Situating the study Introduction (Mike Van Acoleyen ARCADIS) - Presentation of the agenda - Presentation of the state of progress Your voice in Europe questionnaire (Rob Williams TRINOMICS) - Presentation of the outcome - questions and answers Coffee break Introductory presentations by stakeholders Martin Brocklehurst, Costas Velis, ISWA - ISWA’s view on the major waste market distortions - questions and answers Annick Carpentier, EUROMETAUX - Eurometaux’ views on obstacles to movements of waste within the EU - questions and answers Piotr Barczak, EEB - EEB’s views on obstacles to movements of waste within the EU - questions and answers Presentation of the outcome of 3 case studies - Application of the proximity principle (Mike Van Acoleyen, ARCADIS) - Mixed waste collection in Denmark (Rob Williams, TRINOMICS) - Polluter pays principle in extended producer responsibility schemes in France (Stijn Lambert, ARCADIS) Break for lunch Presentation of the outcome of 4 case studies - Incineration taxes in The Netherlands (Katarina Svatikova, TRINOMICS) - Landfill failures in Romania (Mike Van Acoleyen, ARCADIS) - Comingled collection in Poland (Stijn Lambert, ARCADIS) - Divergent application of Article 18 of the Waste Shipment Regulation (Peter Wessman, DG ENV) Coffee break Open forum discussion on solutions for distortions in the functioning of the waste markets within the EU - Could a “Waste Schengen area” be a solution for distortions caused by transfrontier shipment provision on intra-EU shipments? What should be the properties of such a solution? Which waste streams are to be included or excluded? - Where could legislation be amended and improved to ensure the effective functioning of waste markets within the EU? - How could implementation of existing legislation be improved, e.g. within Member States; or through Commission guidance where needed? - What else could be done to ensure the effective functioning of waste markets within the EU? Conclusions and wrap up (Peter Wessman, Mike Van Acoleyen) End 16h45 17h00 3 Presentations 3.1 Welcome by DG Environment (Peter Wessman) Situating the study. 3.2 State of progress. Introduction (Mike Van Acoleyen ARCADIS) Wrap up conclusions of the first workshop, to be built upon today: Electronic notification systems for waste shipments would be welcome to lift administrative burden. The application of the proximity and self-sufficiency principles causes problems. Guidance would be useful to ensure a consistent application of the principles. Guidance on the use of annex VII information forms for shipment of green listed waste for recycling would be very much appreciated. The three main policy goals (waste hierarchy, resource efficiency, circular economy) are supported by all. Simpler procedures are beneficial both for industry and for inspection. 3.3 Pre Consented Facilities can be a clue to easier compliance with the provisions in the Waste Shipment Regulation. Existing possibilities in the regulation are not sufficiently used. Waste is a resource and may be treated as other resources. The implementation of the Waste Shipment Regulation does not always support or facilitate more recycling. Consistency in policy can enhance better waste markets. Helpdesk support for smaller competent authorities or for Member States with less administrative capacity is a good idea. Standards for waste treatment operations are needed. Transparency, good data, good statistics and traceability are needed. One should take care of balanced planning of waste treatment infrastructure, avoiding overor under-capacity. We should protect opportunities for innovation. Your voice in Europe questionnaire (Rob Williams TRINOMICS) Main results of the survey: What causes the concerns? Both EU and national/ regional/ local level legislation Lack of consistency between Member States regarding the Waste Shipment Regulation, Waste Framework Directive, End of Waste criteria; Implementation issues of the Landfill directive, overcapacities in incineration, different taxes across Member States, The main drivers, impacts, regional differences as well as solutions were discussed. For further information, see the PowerPoint slides. 3.4 Introductory presentations by stakeholders 3.4.1 ISWA’s view on the major waste market distortions Highlights of the presentation: Current problems A lot of resources in Europe and worldwide are lost Lack of markets for secondary raw materials. This needs to be supported by policy. The Least cost option is often export (> 50% plastics are exported (mainly to China)) Legal barriers for reuse There is a need for a level fiscal playing field. Fiscal frameworks on secondary raw materials: carbon gains are not reflected in market price. Possible solutions: Main goal: enhancing competition raw materials & secondary materials, in order to use secondary raw materials in EU instead of exporting. Need of an EU market. Framework for investment Taxation: shift from labor to commodities Standards for secondary raw materials (e.g. Organics: no standards in comparison with chemical fertilisers) Innovation in order to close the loop (legislation alone is not enough) End of waste criteria definition is a major challenge! It is critical to innovation. Recovered material cannot be sold as waste this way it will not get the real value. Commodity prices: a level playing field is necessary. Open secondary commodity trading systems need to be in place. Recyclables operate in a global environment, you cannot address the problems only at the EU level. Change of fiscality (e.g. in China there is 0% vat on second raw materials) Reference was made to 6 detailed reports on the ISWA website. 3.4.2 Eurometaux’ views on obstacles to movements of waste within the EU Highlights of the presentation: Challenges and proposed solutions to accessing secondary raw materials for metals recovery: Non-harmonised status of waste and by-products across Member States Diverging classification of waste Use of national codes and lack of appropriate code Burdensome waste shipment procedures Interaction with other legislation Proximity principle Insufficient control and monitoring of illegal shipments of valuable materials embedded in waste/by-products/end-of-life products 3.4.3 EEB’s and ZWE’s views on obstacles to movements of waste within the EU Highlights of the presentation: Current problems There are currently two markets in competition: waste for recycling and waste for incineration/ landfilling Should waste be treated as a resource or a failure? Lack of collection schemes different qualities of secondary raw materials: lack of quality standards strong completion on raw material plastics due to low priced oil. Overcapacities in incineration Possible solutions Main goal: to reach a level playing field primary raw materials and secondary raw materials The obligation to sort waste in the MS Compulsary collection of biowaste The use of economic instruments EC could urge Member States to progressively augment landfill gate fees: Regular update of BREFS, setting standards at BAT level Avoid overcapacity of incineration Ensure the same treatment standard between the receiving and sending country 4 General conclusions Based on the questions and answers of the different presentations and on the open forum discussion on solutions for distortions in the functioning of the waste markets within the EU. 1. The Member State's implementation of the Waste Shipment Regulation and the Waste Framework Directive is too divergent. This results in obstacles to legitimate and environmentally desirable waste movements and prevents a level playing field for waste management industry. Many participants pointed out that the main problem is not the provisions in existing EU waste legislation themselves, but failures by Member States to properly implement them. Focus should be on implementing existing waste legislation in a uniform way and not on changing this legislation. 2. The most frequently mentioned implementation issues were the waste definition, classification of waste as hazardous or green-listed, the classification as recovery or disposal, the waste hierarchy and specific provisions in the Waste Shipment Regulation (the role of transit countries, pre-consented facilities, too long time-delays for dealing with notifications, often supplementary requests for information from authorities, the issue of who is responsible for attaching the Annex VII-document is not uniformly applied) the provision on more stringent classification when Member States disagree. Proposed solutions included more guidance and clarification from the Commission; closer cooperation between Member States and Commission; a clearing house or help-desk to support common interpretation of the Waste Shipment Regulation and Waste Framework Directive, as well as electronic data exchange on waste shipments. 3. The enforcement of the Waste Shipment Regulation and the Waste Framework Directive is very uneven between Member States; several participants asked for a stronger role for IMPEL, e.g. with some mandatory requirements for Member States to participate in IMPEL; a few participants advocated the establishment of an EU waste agency. 4. Additional harmonisation of waste legislation is needed on certain, specific issues. Mentioned was in particular Extended Producer Responsibility. Several participants stated that landfilling should be banned or further measures should be taken to reduce landfilling, and that separate collection needs to be improved on which issue several participants urged the Commission to put more pressure on Member States. A fast-track procedure for dealing with Waste Shipment Regulation notifications should be developed. 5. End-of-waste criteria, Art 6(2) of the Waste Framework Directive, should be adopted for certain waste streams. Mentioned were waste tyres. A single decision on end-of-waste cases, with applicability over the whole of the Union would be appreciated. 6. Criteria should be adopted for certain waste to be considered as by-products, Art 5(2) Waste Framework Directive. 7. Certification of waste facilities within the EU should be implemented to ensure high quality waste treatment. 8. Transparency on waste related data and how waste management is funded by the EU should be improved. 9. Knowledge gaps should be filled; the gathering of data and the quality of the statistics should be improved at EU level. An electronic data exchange on waste shipments would help. 10. Information and research should be compiled and presented regularly on waste flows, facilities and prices. 11. Links with other policy areas need to be examined, especially energy and climate related aspects as well as product design. 12. Issues relating to over- and under capacity for waste incineration could be solved by EUwide management of capacities. Over-capacity can attract waste from other Member States to the detriment of their local recycling market and under-capacity combined with the proximity principle can lead to more landfill. 13. The assessments prior to adopting legislative proposals should be improved, policy measures must be carefully assessed (mentioned was the adoption of the WEEE Directive, where statistical data and collection rates was not correctly assessed before adopting latest amendments). 14. Competition issues relating to local monopolies and exclusive rights should be addressed.