• Overview
• Framework Directive on Waste 75/442/EEC
• Hazardous Waste Directive 91/689/EEC
• Directives 89/369/EEC And 89/429/EEC on Air Pollution from New and Existing Municipal Waste Incineration Plants
• Incineration of Hazardous Waste Directive 94/67/EEC
• Landfill Directive 1999/31/EC
• Regulation 259/93/EEC on the Supervision and Control of Shipments of Waste Within, into and out of the European Community
• Regulation 880/92/EEC on a Community Eco-Label Award Scheme
• Proposed European Directives on Waste

The overall structure for an effective waste management regime is set out in the Council Directives on waste (75/442/EEC) and hazardous waste (91/689/EEC). EU Directive 75/442/EEC, updated by Directive 91/156/EEC, is often referred to as the Framework Directive on Waste as it includes references to more detailed 'daughter' directives. Two categories of daughter directives exist within the EU waste management regime: those setting requirements for the permitting and operation of waste disposal facilities, and those dealing with disposal options for specific types of waste (Figure 1). In addition to these directives, Regulation 259/93/EEC establishes a system for controlling the movement of waste within, into and out of the European Union.

Figure 1 Secondary European Waste Management Legislation

This directive (as amended by Directive 91/156/EEC) provides for the establishment of proper waste control regimes, and requires that the designated national competent authorities draw up a waste management plan. The revision of Directive 75/442/EEC in 1991 provided a legal framework for the avoidance, management and disposal of wastes as set out in the Commission's Waste Management Strategy of 1989.

Waste management plans should identify the following:

• wastes to be recovered or disposed of
• technical requirements for recovery or disposal
• special arrangements for specific types of waste
• suitable disposal sites or installations

Under the Framework Directive on Waste, EU Member States must encourage the prevention or reduction of waste and its harmfulness by encouraging the development of clean technologies, technical product improvements and disposal techniques. In addition, they must encourage the recovery of waste (including its use as a source of energy) and prohibit uncontrolled dumping. An adequate network of disposal installations must be established in co-operation with other Member States, using the best available technology which does not entail excessive costs.

This directive aims to introduce greater harmonisation in the management of hazardous waste amongst Member States. In order to formulate a common definition of hazardous waste, it lists wastes that can be classified as hazardous, and includes their constituents and properties. This directive also requires that the national competent authorities publish a hazardous waste management plan. Such a plan can be published as part of the general waste management plan drawn up under Directive 75/442/EEC, or it can be published as a separate document.

Under the directive, Member States must ensure that hazardous waste delivery sites are identified and registered, and that EU/international labelling standards are adhered to when hazardous waste is collected, transported and stored. In addition, the national competent authorities must inspect installations producing and receiving hazardous wastes, as well as transportation facilities for such waste.

These are daughter directives to Directive 85/360/EEC on the combating of air pollution from industrial plants. They regulate the permitting, design, equipment, operation and reporting of municipal waste incineration plants. Directive 89/369/EEC relates to new plants where authorisation to operate was granted on or after 1 December 1990.

Both directives exclude incineration plants dealing with sewage sludge, as well as chemical, toxic, dangerous and medical wastes, as these plants are more stringently regulated under Directive 94/67/EEC on the incineration of hazardous waste (see below). The directives set limits for emissions of dust, certain combinations of heavy metals, hydrochloric acid, hydrofluoric acid and sulphur dioxide from plants that deal exclusively with municipal waste. An incineration plant may be granted permits to incinerate hazardous waste only if it is designed, equipped and operated in such a manner that emission limits and management controls have been met.

Directive 89/429/EEC on existing municipal waste incinerators introduced a programme of phased improvement for existing plants, whereby emission limit values must be met within certain time limits. Extensive requirements for monitoring, inspection and reporting by the operators of these plants are laid down in this directive.

Waste water discharges from incineration plant sites are also subject to a permit process under Directive 80/68/EEC on the protection of groundwater against pollution caused by certain dangerous substances.

Unlike Directives 89/369/EEC and 89/497/EEC, Directive 94/67/EEC is a 'daughter' to the Framework Directive on Waste. This directive describes operational standards and emissions limits for new and existing hazardous waste incinerators, which Member States must enforce through permits (listing the type and quantity of hazardous waste being incinerated). Hazardous waste incineration plants must be operated so as to ensure that as much waste is incinerated as possible.

This directive places a complete ban on the landfill of certain hazardous wastes, liquid wastes and tyres. The directive also requires separate sites for hazardous, non-hazardous and inert wastes. Provision is made for the phasing-out of co-disposal of these waste types. Further, the directive states that (with only a few exceptions) waste should be treated before being landfilled to reduce the hazard to human health and the environment, and to reduce the quantity of waste.

Targets are set in the directive for Member States to reduce the amount of biodegradable municipal waste sent to landfill. These targets are set in an attempt to reduce the EU's methane emissions, since it is a greenhouse gas and is produced by the breakdown of the biodegradable element of waste.

The regulation sets up regimes governing transit shipments of waste within the EU, waste imports and waste exports. There are different requirements dependent on the type of waste and whether it is destined for recovery or disposal. The directive categorises waste types by colour, with amber and red wastes being largely hazardous and green wastes non-hazardous. These categories are the result of work carried out by the OECD (Organisation for Economic Co-operation and Development) Council, following its decisions on transfrontier movements of waste. The lists of waste categorised under the colouring system in the regulation are different from those listed under Directives 75/442/EEC and 91/689/EEC. All three lists were compiled for different purposes, and as such must be applied in full.

The Community eco-label award scheme is a voluntary market mechanism to promote products that have a lesser impact on the environment, and relates to consumer product groups. A product is awarded the Eco-label once the product's whole life cycle and its related environmental impacts have been assessed. The assessment uses ecological criteria set at a European level, and may not reflect conditions in individual Member States. Products where criteria have been approved include tissue paper, washing machines and light bulbs. The situation is confused somewhat by the multitude of 'eco labels' that exist on a national and product-based level in each Member State.

There are a number of proposed directives that, if implemented, will have a significant effect on the way certain waste streams are handled.

A proposed directive on composting (issued as a working paper) aims to boost composting and diversion of biodegradable waste from landfill. This would be achieved by the introduction of composting standards, more composting facilities and collections, and less stringent licensing conditions for operating smaller composting facilities.

The Commission published a discussion paper in February 1997 regarding a proposed directive on hazardous municipal waste. It proposes a separate collection for hazardous municipal waste. Products that fall into this category include paints, solvents, medicines, pesticides, fluorescent tubes, equipment containing CFCs and various types of electronic equipment. The discussion paper suggests that many of these products are be labelled with the crossed-out wheeled bin symbol already used on some products.

The proposed revision of the Packaging Waste Directive would increase targets for recycling and recovery. It suggests that the current recycling and recovery targets should become the minimum requirements for each Member State by 2006. This would set a recycling rate of 45% and a recovery rate of 65%. The revision also places a minimum recycling rate for each packaging material of 25% and suggests that there should be no upper limits.

There are a number of draft directives on product design that are being prepared, including the so-called 'E' directive. This directive proposes to encourage product design that increases re-use potential, enables products to be repaired and increases the potential for materials recycling of consumer products.

In 1989, a draft directive was issued on civil liability for damage caused by waste. This proposed to establish a system whereby producers and importers of waste in the EC may be held jointly and severally liable for damage caused to the environment, to property or to individuals. However, this proposal has been blocked, largely due to the Commission's efforts to develop a comprehensive approach to civil liability in general. Accordingly, the Commission produced a white paper on environmental liability in February 2000, based on the polluter pays principle.

Other forthcoming European legislation includes directives on waste electrical and electronic equipment (WEEE), end-of-life vehicles and batteries (see Types of Waste A-Z Listing).