EMERGING LEGISLATION ON PLASTIC WASTE
In recent years, plastics have become key to new developments
that are changing our lives and providing the technology to support
us in a fast changing world. Plastic consumption is increasing,
which results in an increase of plastic waste streams.
Even if less than 1% of all waste generated in Western Europe were
plastics, the EU has focused on plastic recycling and recovery
through different legislative measures on different sectors: packaging,
automotive and electrical and electronic appliances. This is being
supplemented with a planned Directive on construction waste.
In 1994 the EU Packaging Directive (94/62/EEC) was introduced.
It sets key objectives for all Member States to recover 50-65%
of all packaging placed on the market with overall recycling levels
of 25-45% by the end of 2001. Each of the main packaging materials
also has to be recycled to a minimum level of 15%. With some exceptions,
these levels of recycling and recovery have largely been achieved
by EU Member States.
The recovery of end-of-life vehicles (ELVs) is subject to legislation
in Europe in line with the European ELV-Directive
(2000/53/EC),
which sets targets for the reuse, recycling and energy recovery
of such vehicles, including their plastic fraction. In order to
reach the ambitious targets set for 2006 and 2015, investments
in appropriate technologies have to be made.
After more than 5 years of discussions and negotiations a major
package of EU laws on the management of electrical and electronic
waste and hazardous substances in manufactured equipment entered
into force on 13 February 2003 (date of publication in the EU’s
Official Journal). Implementation deadlines under the two Directives
extend over nearly six years. WEEE stands for Waste Electrical
and Electronic Equipment, ROHS for Restriction of certain Hazardous
Substances in electrical and electronic equipment. Both the WEEE
and ROHS Directives are pieces of European legislation which require
all European Member States to improve the way in which they manage
WEEE.
As with all EU Directive, the WEEE and ROHS Directives require
the EU national governments to implement EU legislation in order
to meet specific requirements. A company operating in the EU is
not legally required to meet the requirements of the WEEE Directive
itself, but it will be required to meet the requirements of the
implementing Member State legislation.
Both the WEEE and ROHS Directives are related to each other. The
WEEE Directive aims to raise levels of recycling and encourage
products to be designed with dismantling and recycling in mind.
A key part of this is to make manufacturers and importers (“producers”)
of electrical and electronic equipment responsible for meeting
the costs of the collection, treatment and recovery of WEEE. If
products are designed with this in mind, there is an opportunity
to reduce these costs. The ROHS Directive fits into this approach
by reducing the amount of hazardous substances used in products.
This lessens the potential risks to recycling workers and means
that less special handling is required, again leading to a reduction
in recycling costs.
The WEEE Directive is not a single market Directive. It sets minimum
criteria that the individual EU Member States may exceed if they
wish. There will thus be different recycling and recovery targets,
and different types of organization for achieving these, in each
EU Member State. The ROHS Directive
is a single market Directive, since it sets product standards. “Single
Market” Directives are a specific type of EU legislation
that apply to all Member States and must be implemented in the
same way to prevent differences in interpretation across the European
Union. This is especially important for Directives setting standards
for products, since it means that manufacturers will not have to
make different products for each Member State. Further details
on WEEE and ROHS are outlined below.
For further details on the regulatory developments regarding the
WEEE
and RoHS Directives, click here.
Moreover, the EU Commission had planned to work on a Directive
which regulates Construction & Demolition Waste (C&D Waste).
An EU working document already exists.
The EU Commission is now changing its strategy on waste management.
While EU legislation requires the recycling of plastic packaging
and will do so for plastics from the other regulated waste streams
(ELV and WEEE), there is currently no EU requirement for the recycling
of plastics from other important applications, e.g. construction
materials. Moreover, there is currently discussion to complement
the sectoral approach to EU waste policy by new initiatives focusing
on given materials (e.g. plastics) rather than on specific end-of-life
products (e.g. WEEE).
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