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Waste Strategy 2005-08

Appendix A

Regulation

A.1 Instruments used in the Danish waste system

Legal basis

Danish waste legislation is characterised by a close interplay between EU regulation and national regulations.

EU regulation outlines the overall framework and principles for waste management. The organisation of waste structures and the implementation of EU regulations in Danish legislation is a task for the Danish national authorities.

The Danish waste model is based on a combination of traditional administrative instruments (Acts, Statutory Orders, and Circulars), and various other instruments such as taxes and charges, subsidy schemes and agreements. These instruments are described below.

Section A2 contains a more detailed description of EU waste regulation, and briefly discusses the links between EU regulation and Danish legislation.

A.1.1 Administrative instruments

The legal framework laying down the obligation of local authorities to manage waste is given in the Danish Environmental Protection Act and associated Statutory Orders and Circulars. The most important Statutory Order is the Statutory Order on Waste no. 619 of 27 June 2000.

Municipalities – the competent authority in waste management issues

The Danish Environmental Protection Act contains regulations on waste in Part 6 (Sections 43-50a). The Act states that the local municipal council is in charge of waste management. Each municipality is responsible for managing the waste produced within its geographic boundaries, whether this waste is from households or trade and industry.

Duties of municipalities

Under the terms of the Danish Environmental Protection Act and the Statutory Order on Waste, municipalities have a number of duties in connection with waste management.

Every four years, each municipality must prepare a short-term waste management plan covering four years, and a long-term plan covering 12 years.

Furthermore, each municipality must prepare waste regulations detailing the schemes established within its boundaries.

Municipalities must ensure that waste management is carried out in accordance with the waste hierarchy, including recycling of certain types of waste in accordance with specific requirements laid down in the Statutory Order on Waste and various waste management Statutory Orders and Circulars.

Each municipality must establish schemes to ensure that waste generated within the municipality is managed in an environmentally acceptable way. Such schemes may be assignment schemes or collection schemes.

The characteristic features of assignment schemes are that the municipality lays down in a waste regulation that given waste types must be assigned to a given form of management. The waste producer is responsible for managing the waste in compliance with the provisions in the regulation.

For collection schemes, the municipality is responsible for ensuring that collection, transportation and management of a given waste fraction is in compliance with the regulation.

For domestic waste, including glass and paper from private households, for domestic -like waste from enterprises, and for hazardous waste, the Statutory Order on Waste stipulates that municipalities must establish a collection scheme. Furthermore, the Statutory Order on food waste from catering centres laid down requirements for the establishment of a collection scheme. This Statutory Order was repealed on 1 August 2003.

Each municipality collects and registers information on waste amounts and waste treatment plants, etc.

Finally, each municipality makes decisions according to the Danish Environmental Protection Act and the Statutory Order on Waste, for example concerning classification of waste and notification of orders and prohibitions, and supervises compliance with regulations.

Obligation to use schemes

Where a municipal scheme has been established, citizens, property owners, and enterprises are generally under an obligation to use the scheme under the Statutory Order. There are, however, various possibilities of exemption from this obligation.

According to the Danish Environmental Protection Act, competing collection schemes are also prohibited from being introduced where a municipal collection scheme has been established.

Organisation

A municipality is not permitted to assign its tasks as an authority. I.e it cannot assign the part of municipal administration that involves regulating legal conditions for residents, such as, fee setting, preparing regulations and supervision – in the area of waste management. However, for waste plans, section 47(4) of the Environmental Protection Act grants them authority to do so. This authority is exploited in section 11 of the Statutory Order on Waste, allowing the competence to plan waste management to be assigned to an inter-municipal company.

In terms of the actual administration of waste management (operational tasks), municipalities can choose to coordinate these tasks themselves, assign them to an inter-municipal company (i.e. a union of municipalities), or delegate them to private enterprises.

Collection schemes for household waste are operated by both municipalities and private waste companies, whereas the management of industrial and commercial waste is normally carried out by private companies alone.

Environmental approvals

Enterprises and plants that treat, reprocess or crush waste, etc., must have environmental approval. As of 1 January 1992, landfills may normally only be owned by public authorities.

The municipalities are not responsible for managing certain specific waste fractions covered by special regulations. This is the case for the Statutory Order on recycling of residual products and soil in building and construction work, the Statutory Order on biomass waste, the Statutory Order on treatment of end-of-life vehicles, the Statutory Order on application of waste products for agricultural purposes, and the Statutory Order on deposit and collection etc. of packaging for beer and certain soft drinks.

Measures

  • possible changes to the legislation based on proposals from the work group
  • harmonisation and reduction in the number of regulations
A 1.1.1 Future initiatives

In 2002, the Government appointed a work group to examine the organisation of waste management.

This work group has been charged with assessing the scope and significance of a number of problems in the area of waste management. The following significant problems have been identified and provide a basis for the work of the work group: lack of transparency in setting charges, unclear lines of competence due to the confusion of the roles of authority and operator, potential to improve efficiency in incineration and landfilling, advantages and disadvantages of deregulating the waste management sector, experience from an area of waste treatment subject to competition (the recycling sector), lack of development and exploitation of treatment technologies, data reporting – transport registration, producer responsibility, and lack of transparency in the roles of waste carrier and waste broker.

The work group will make proposals for solutions within the areas in which the group believes the problems are of such a magnitude and significance as to warrant changes to the existing organisation and legislation.

The work of the work group is expected to be completed in 2004. On the basis of the work group's conclusions, the Minister for the Environment will decide whether changes should be made to the waste management legislation. These changes might have significance for the municipalities' organisation of waste management, and the wording of municipal waste regulations.

There is already a clear need to reduce the number of municipal regulations. The content of regulations also needs to be harmonised to make it easier for enterprises to work across municipal boundaries.

A.1.2 Other instruments

In addition to the above traditional regulation by Acts, Statutory Orders and Circulars, waste management is regulated by a number of different instruments such as taxes and charges, subsidies and agreements.

Waste tax

The waste tax, which came into effect on 1 January 1987, is one of the instruments established to achieve the objectives of the Plan of Action for waste and recycling. The waste tax is differentiated so that it is most expensive to landfill waste, cheaper to incinerate it, and tax exempt to recycle it. No tax is levied on hazardous waste, contaminated soil or waste that is covered under the Statutory Order on biomass waste.

The objective is for the waste tax rate and the differentiation to provide an incentive for waste generated to be directly recycled or exploited by incineration with energy recovery, instead of being landfilled.

The waste tax is described in more detail in A 1.3.

Packaging taxes

Packaging taxes are levied on a number of products. Since 1978 a volume-based tax on packaging for most beverages has been in effect. The tax is levied on new packaging and thereby provides an incentive to use refillable packaging.

In addition, effective from 1 January 1999, a weight-based tax was introduced for 13 types of material and packaging. This tax is levied on packaging for a number of products, including soap and detergents, lubricants, perfume and margarine. Non-carbonated soft drinks, vinegar and edible oils also began to be covered under the weight-based tax as of 1 January 1999.

The weight-based tax promotes the reduction of packaging consumption and hence reduces the volume of waste. The tax was adjusted as of 1 April 2001 to reflect the environmental impact from each material. A number of environment indices have been worked out on the basis of "cradle to grave" (life cycle) assessments.

As of 1 January 1999, a weight-based tax has also been levied on plastic-foil foodstuff packaging manufactured from soft PVC. The purpose of this tax is to promote the use of more environmentally friendly packaging foils.

Finally, since 1994, a weight-based tax on paper and plastic carrier bags has been in effect, and since 1988 a tax on disposable tableware. Both taxes provide an incentive to increase re-use and hence reduce the volume of waste.

Tax on PVC and phthalates

In December 1999, a tax was introduced on PVC and phthalates. The Act came into effect on 1 July 2000. In the comments on the bill it is stated that the Act will be reconsidered after two years.

The reason for introducing the tax was that the disposal of PVC causes problems. During the incineration of PVC, hydrochloric acid is formed and must subsequently be neutralised. Cleaning the hydrochloric acid from the smoke generates a flue gas cleaning product. This product is classified as hazardous waste and has to be specially landfilled. In addition, some phthalates are suspected to have undesirable effects on the aquatic environment, and some reduce reproductive capacity and cause damage to foetuses in animal trials.

The aim of the tax is to reduce the volume of PVC incinerated or landfilled and to reduce the use of phthalates.

The tax is based on a rate of DKK 2/kg of PVC and DKK 7/kg of phthalate. The tax is levied on both locally produced and imported goods. The tax is reimbursed for export items. The tax generated revenue of approx. DKK 65 million in 2001.

Specific taxes

As a supplement to the general waste tax, more specific taxes have been introduced aimed at products that either require special treatment after use or where consumption should be limited or shifted to more environmentally friendly products. Examples are the tax on nickel-cadmium batteries [1] and the environment premium on vehicles. Revenues from these taxes are used to cover the costs of reimbursement schemes for the collection of nickel-cadmium batteries and for vehicle owners that deliver end-of-life vehicles for scrapping at registered scrapping enterprises.

General fee or tax financing of municipal schemes

Municipalities are permitted to finance their actual expenses associated with the management of household waste using fees or taxes. Municipalities must finance their actual expenses associated with the management of waste from trade and industry using fees.

These fees may cover costs for establishment, operation, administration, investment, planning, and collection of information, etc.

In compliance with general local government rules, fees must be calculated based on a cost-coverage principle, i.e. the rate of the fees must be fixed so that over time there is a balance between revenues (fees) and the costs of waste management schemes. Schemes must therefore be based on the non-profit cost-coverage principle.

Municipalities are permitted to set an overall fee for schemes established in the municipality. This overall fee must correspond reasonably to the service provided to each resident.

Where waste management is financed using fees, the municipality must lay down regulations governing waste fees, including any waste schemes and user circles covered, in the municipal waste regulations. Provisions governing fee charges and collection methods may also be laid down.

Specific taxes and fees

In addition to the waste management fee financing municipal waste management schemes, taxes, charges and fees are increasingly being used to finance initiatives such as take-back schemes for certain waste fractions (tyres and lead accumulators). In these contexts, fee revenue is used to cover the expenses of subsidy schemes for the collection and recycling of the products subject to these fees.

Agreements

Agreements are another control instrument used to achieve environmental objectives in waste management. For example, an agreement has been entered into with the Danish Contractors' Association on selective demolition of building materials. Other examples of agreements are: an agreement with municipalities on refrigerators containing CFCs, an agreement on recycling transport packaging (the transport packaging agreement) with the Confederation of Danish Industries, the Danish Plastics Federation and the Packaging Industry, an agreement between the Minister for the Environment and industry on collection of discarded lead accumulators, and an agreement with the Danish Motor Trade Association, the Association of Danish Recycling Industries and municipal associations on a take-back scheme for discarded tyres.

Subsidy schemes to promote cleaner products and recycling

Under the subsidy programme, "Programme for cleaner products, etc.", from 1999 to 2002, funds were set aside for projects relating to the recycling and development of treatment technologies and other waste management. The Environmental Council for Cleaner Products is in charge of the overall prioritisation of funds, while the Danish Environmental Protection Agency is in charge of the administration of grants to specific projects.

Subsidies are granted to activities that reduce environmental impacts in connection with the development, manufacture, sale or use of products, or in connection with the management of waste generated throughout the entire life cycle of products, either by promoting cleaner products or recycling. Subsidies may also be granted to projects aimed at mitigating problems related to waste disposal. This may be in the form of demonstration, surveying, or information projects, etc., or for the development of processes, methods, production equipment or products within the area of waste management. Investments in plant cannot currently be subsidised.

A 1.2.1 Future initiatives

In its motion for the adjournment from 12 December 1996, the Danish Folketing laid down requirements for transparency in municipal charges. Most recently in environment project no. 717 from 2002 on "Transparency in the municipal waste collection fees", it was concluded that no such transparency exists.

Changes to the legal basis for charges in section 48 of the Environmental Protection Act will be proposed during parliamentary session 2004-05. The reason for this is primarily the desire for greater transparency – both in the way each municipality sets fees, and between municipalities. In addition to transparency, the following factors will be considered when selecting the formulation of the legal basis for charges: the municipalities' need for flexibility in waste management, the rule of law, the polluter pays principle, and environmental, economic and legal efficiency.

When the weight-based packaging tax was amended in April 2001, the Danish Environmental Protection Agency made a commitment to perform new calculations relating to the environment-based index when the EDIP database had been updated. It is expected that the environment index can be updated and the weight-based packaging tax revised in 2004. The environment-based index is also going to be reviewed by an external expert at this time.

The agreement on transport packaging covers cardboard, paper and plastic transport packaging. A status report for 1999 and 2000 shows that the agreement's goal for the combined recycling of cardboard and paper has been reached in 2000. The agreement's goal for plastic recycling in 2001 has not been reached in 1999 and 2000. This goal is linked to the goal in the EU Packaging Directive – a minimum of 15% in 2001.

The Packaging Directive is being revised. In October 2002, a common attitude was adopted, in which goals were set for 2008. Further measures will be necessary if the future higher recycling goals for packaging are to be achieved. The agreement on transport packaging therefore needs to be extended to cover more materials and types of packaging for trade and industry.

Under the Directive on end-of-life vehicles and the Directive on waste electrical and electronic equipment, producer responsibility is to be implemented for passenger and commercial vehicles and electrical and electronic products. This will mean that manufacturers will have to ensure effective collection schemes exist, that end-of-life products are collected and waste treated, and that this waste treatment is financed by the manufacturers.

A.1.3 The waste tax

A 1.3.1 Status

The waste tax was introduced in 1987. The purpose of the waste tax is to direct waste away from landfilling and incineration towards recycling. The tax is therefore differentiated such that it is most expensive to landfill waste, cheaper to incinerate it with energy recovery, and tax exempt to recycle waste.

The waste tax provides a financial incentive to shift waste from incineration and landfilling to recycling. It has worked well for large, homogeneous waste fractions, but up until 1997, the tax rate has not been high enough to ensure satisfactory recycling of the types of industrial waste which traditionally have not been earmarked for recycling.

Measures:

  • analyse whether the waste tax rates support environmental priorities
  • evaluate whether the waste tax can be used as a more precise control instrument, for example in connection with sludge and shredder waste
A 1.3.2 Future initiatives

The waste tax rates will be analysed to see whether they support environmental priorities, including whether differentiation between incineration and landfilling is appropriate, and whether the incineration rate provides sufficient incentive to ensure that waste is recycled in the instances where this is best for the environment and cost-effective. The aim is thus to illustrate whether the tax rate levels ensure "optimal" waste disposal.

The waste tax has been revised in connection with simplification of the regulations. However, there are other recommendations not covered by the process of regulation simplification. These relate to a change to the tax basis for composted and mineralised sludge and for shredder waste. Consideration needs to be given to whether the waste tax should be brought into closer alignment with the environmental priorities for these waste fractions. A change to the waste tax will not lead to an increase in total revenue from the tax.

A 1.3.3 Regulation

The waste tax is authorised by the Act on taxes on waste and raw materials. Revenue from the tax is included as income in the annual budget. The tax is administered by local customs and tax regions, and is levied at registered treatment plants. This ensures that all waste treated is taxed and that the tax is passed on fully to the waste producer. The latest changes to the waste tax were made on 1 January 2003.

The waste tax is differentiated such that the rates are currently DKK 375 per tonne for all landfilled waste and DKK 330 per tonne for incinerated waste. Recycled waste is not taxed.

In general, all waste is covered by the waste tax, but there are isolated exemptions. The most important exemptions are for hazardous waste, contaminated soil and waste fractions covered by the Statutory Order on biomass waste.

A 1.3.4 Environmental assessment

An adjusted waste tax will lead to reduced loss of resources and improved waste treatment, both contributing to reduced environmental impact. The waste tax also contributes to reducing environmental impact in the most cost-effective manner possible.

A 1.3.5 Implications for the national authorities

It may be necessary to amend the Act on taxes, depending on the results of ongoing studies and any specific problems that arise.

A 1.3.6 Implications for municipal authorities

Municipalities must constantly be aware of the effects of the waste tax, both in connection with waste classification, and the type of treatment waste is referred to.

A.2 EU waste regulation

Close interplay between EU and national regulations

Danish legislation on waste management is characterised by a close interplay between EU regulation and national regulations.

EU regulation outlines the overall framework and principles for waste management. The organisation of waste structures and the implementation of EU regulations in Danish legislation is a task for the Danish national authorities.

The formulation of EU waste strategy and legislation takes place in close co-operation between EU institutions and Member States.

EU objectives

EU objectives for waste management are primarily concentrated on prevention, promotion of recycling and other forms of recovery, and minimisation of final disposal.

The present Community strategy for waste management, in particular its objectives and measures, is described in the Communication from the Commission on the Community strategy for waste management, adopted on 30 July 1996.

The waste management policy has resulted in the adoption of a number of legal instruments setting up obligations for Member States in waste management.

Member States are required to draw up one or more plans for the management of waste in order to achieve the objectives for waste management laid down in Directives.

The central legislative instrument is Council Directive 75/442/EEC as amended by Council Directive 91/156/EEC, also known as the "framework" Directive on waste. In addition, the Directive on hazardous waste (91/689/EEC) contains general rules on hazardous waste. These directives are supplemented by a number of directives regulating particular types of waste. There are also other regulations in the form of a number of directives on waste treatment: the Directive on waste incineration, and the Directive on landfilling of waste.

The objectives and requirements for waste management laid down in the waste-related directives are described below, including the requirements to draw up waste management plans.

Regulations on transboundary movements of waste and the Regulation on waste statistics are also described.

A.2.1 General requirements in the framework Directive on waste and the Directive on hazardous waste

The Directive on waste [2]> (framework Directive on waste) provides a number of basic waste definitions and principles for environmentally sound management of waste. The scope of the Directive covers all waste that is not regulated separately in other EU legal instruments. The framework Directive on waste is supplemented by general regulations in the Directive on hazardous waste [3] (Hazardous Waste Directive), which similarly covers all hazardous waste not regulated separately in other EU legal instruments.

The framework Directive on waste defines what is meant by the term `waste' (the definition of waste) and the Directive on hazardous waste defines what is meant by the term `hazardous waste'. To clarify the definition of waste (including the definition of hazardous waste) and provide examples, a list of waste [4] has been prepared in which the types of waste that are seen as hazardous are marked as such.

A 2.1.1. The framework Directive on waste

Waste hierarchy

  • waste prevention
  • recycling
  • incineration with energy recovery
  • landfilling

The framework Directive on waste defines forms of treatment of relevance in waste management. It distinguishes between recovery (forms of treatment ensuring resource utilisation of waste, such as recycling and incineration with energy recovery) and disposal (forms of treatment where resources in waste are not utilised, including landfilling).

The framework Directive on waste lays down the treatment hierarchy discussed above. That is, waste prevention is the highest priority. Then comes recycling and other utilisation, including incineration with energy recovery. Finally, waste which cannot be treated in any other ways is landfilled.

Principles of proximity and self-sufficiency

Under the terms of the Directive, Member States are required to establish an integrated and adequate network of disposal installations, enabling both the Community as a whole, and Member States individually, to dispose of waste generated within their territory.

Environmentally sound management of waste

Member States are required to ensure that waste is managed without endangering human health and the environment. The Directive prohibits the abandonment, dumping or uncontrolled disposal of waste and stipulates that all treatment plants must obtain a permit, and be subject to periodic inspections.

Further to this requirement, the Directive requires establishments or undertakings that carry out waste treatment to keep a record of various information on waste treated.

Finally, the Directive lays down the "polluter-pays principle", i.e. the cost of disposing of waste must be borne by the holders and/or the previous holders or the producer of the product from which the waste came.

Drawing up plans to attain the objectives

In order to realise the objectives of the Directive, Member States are required to draw up waste management plans. Member States may prohibit movements of waste which are not in accordance with their waste management plans.

The Directive lists a number of specific requirements for the contents of such plans relating to the type, quantity and origin of waste, technical requirements, management of particular wastes and suitable disposal sites or installations.

Implementation in Denmark

The framework Directive on waste has been implemented in Denmark in, for example, the Danish Environmental Protection Act and the Statutory Order on Waste.

Approvals

Monitoring

A. 2.1.2. Directive on hazardous waste

The requirements of the Directive correspond to requirements laid down in the framework Directive on waste: permits for establishments or undertakings carrying out storage, treatment or disposal of hazardous waste, and periodic inspections of establishments or undertakings transporting such waste.

Prohibition to mix waste

The Directive on hazardous waste also prohibits mixing of hazardous waste of different categories or mixing hazardous waste with non-hazardous waste.

The Directive requires Member States to ensure that hazardous waste is labelled and packaged in connection with collection, transportation, and temporary storage.

The Directive stipulates that producers, carriers, and disposal plants for hazardous waste must keep a record of waste treated.

Plans

This Directive also establishes the requirement to draw up management plans for hazardous waste.

Implementation in Denmark

The Directive is implemented in Danish legislation through a number of provisions in the Statutory Order on Waste.

The Directive on hazardous waste is supplemented by a number of individual Directives regulating particular types of hazardous waste. The basic principles contained in the framework Directive on waste and the Directive on hazardous waste on, for example, permits for enterprises storing, treating or disposing of hazardous waste, periodic inspections of enterprises transporting such waste, as well as plans for management of hazardous waste also apply to these individual Directives.

A.2.2 Requirements for particular waste fractions

A 2.2.1 Directive on waste oils

Requirements for special management

The Council Directive on the disposal of waste oils [5] prohibits any discharge or treatment of waste oils that might cause pollution. If such discharges and treatment forms cannot be avoided, Member States must take the necessary measures to ensure safe collection and disposal of waste oils.

The Directive stipulates that waste oils should primarily be treated by regeneration and/or incineration with energy recovery.

The Directive gives emission values in connection with incineration of waste oils.

In addition, the Directive requires that establishments or undertakings collecting waste oils are registered and inspected by competent authorities. Establishments or undertakings carrying out disposal of waste oils must also obtain a permit.

The Directive is implemented in Danish legislation through a number of provisions in the Statutory Order on Waste.

A 2.2.2 Directive on batteries and accumulators

The Council Directive on batteries and accumulators containing certain dangerous substances [6] aims at harmonising national measures on the management of spent batteries and accumulators containing mercury, cadmium or lead.

Requirements for collection

The Directive requires Member States to establish collection schemes for spent batteries and accumulators containing mercury, cadmium or lead, and to ensure separate treatment and disposal.

The Directive prohibits the marketing of alkaline manganese batteries and the incorporation of accumulators in appliances, if batteries or accumulators exceed the limits fixed in the Directive.

The Directive is supplemented by a Commission Directive on a marking system for batteries and accumulators [7]. The marking must support the provisions of the Directive on batteries and accumulators on the collection and recovery of batteries and accumulators.

The Directive also lays down provisions on the use of economic instruments such as deposit and return systems, charges or taxes.

Plans

The Directive requires Member States to draw up plans for attaining the objectives of the Directive. Plans must comprise initiatives to promote marketing of "green" batteries and ensure that heavy metal-containing batteries are separated from household waste.

Implementation in Denmark

The Directive has been implemented by the Statutory Order on certain batteries and accumulators containing dangerous substances, the Statutory Order on Waste, the Statutory Order on a fee on lead accumulators and the Act on remuneration for the collection of lead accumulators etc.

It is expected that the EU will revise the current Battery Directive during the term of the waste strategy. However, no timetable for the revision has been tabled.

A 2.2.3 Directive on end-of-life vehicles

The purpose of the Directive on end-of-life vehicles is to harmonise the waste treatment of end-of-life passenger and commercial vehicles in the Member States.

Special collection and treatment requirements

Under the Directive, Member States are required to establish collection schemes for end-of-life vehicles and separate treatment and recovery, in particular, including re-use and recycling of waste from vehicles.

The Directive contains provisions prohibiting the use of lead, mercury, cadmium and hexavalent chromium in new vehicles being brought onto the market.

Producer responsibility

The Directive also contains provisions stipulating that the last owner of a vehicle must be able to deliver the vehicle for waste treatment without expense, and that a significant proportion of the expenses for waste treatment must be met by the manufacturer. Producer responsibility for vehicles must be implemented by 1 January 2007.

The Directive also stipulates that certificates of destruction must be issued when end-of-life vehicles are delivered.

In addition, the Directive requires that establishments or undertakings that waste treat end-of-life vehicles are registered and inspected by competent authorities. These establishments or undertakings must also obtain a permit.

Implementation in Denmark

The Directive has been implemented in Danish legislation in the Statutory Order on management of waste in the form of motor vehicles and derived waste fractions [8] and the Consolidated Act on environment premiums and reimbursement in connection with dismantling and scrapping of vehicles [9].

A 2.2.4 The Directive on waste electrical and electronic equipment

The purpose of this directive is to prevent the generation of waste from electrical and electronic equipment and increase re-use, recycling and other forms of recovery for waste from electrical and electronic equipment.

Special collection and treatment requirements

The Directive requires Member States to lay down regulations for the collection of waste from electrical and electronic equipment, and for separate treatment and recovery, in particular, the re-use and recycling of such waste.

Producer responsibility

The directive also contains provisions on producer responsibility for waste treatment of electrical and electronic waste. These stipulate that waste management from private households has to be financed by Danish manufacturers and importers who bring electrical and electronic equipment onto the market. Electrical and electronic waste from users who are not private households must also be financed by either the manufacturers or the final user.

Implementation in Denmark

The Directive has to be implemented in Danish legislation before the end of 2004. This will be achieved through amendments to the Statutory Order on management of waste from electrical and electronic products [10].

A 2.2.5 The Directive on PCBs and PCTs

Special requirements for disposal

The Council Directive on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT) [11] regulates the disposal of PCBs/PCTs and the replacement or disposal of equipment containing PCBs as well as the disposal of used PCBs. The Directive prohibits re-use of PCBs.

The purpose of the Directive is to ensure environmentally responsible disposal of PCBs and PCTs. For large PCB volumes (more than 5 dm3), decontamination and/or disposal must take place by the end of 2010. For equipment with contents of less than 5 dm3, disposal must be ensured no later than at the end of the product's useful life.

Member States must ensure that inventories are compiled for equipment with PCB volumes of more than 5 dm3.

The Directive must be seen in connection with the Directive on reduced marketing and use of certain dangerous substances and preparations, partly prohibiting the use of PCBs/PCTs [12], the Directive on waste oils [13] and the Directive on the incineration of waste.

Plans

Plans for the replacement, collection and disposal of PCBs must be drawn up.

Implementation in Denmark

The Directive on PCB/PCT was implemented in Danish legislation in December 1998 [14].

A 2.2.6 The Sludge Directive

The Sludge Directive [15] lays down regulations for the recycling of sludge and is implemented in the Statutory Order on sludge [16]. The Directive is a minimum requirements directive and the Statutory Order on sludge has implemented significantly more stringent limit values. A proposed revision of the Sludge Directive is expected to be presented in 2003, containing even more stringent limit values.

A 2.2.7 Directive on biological treatment of biodegradable waste for agricultural applications

The European Commission is working on a Directive on biological treatment of biodegradable waste for agricultural applications. The Directive proposal is expected to be presented in 2004. This area is already being regulated in Denmark under the Statutory Order on sludge. The Directive will regulate source separation and biological treatment of organic domestic waste.

A 2.2.8 Animal By-products Regulation

In October 2002, the Animal By-products Regulation [17] was adopted. Under the Regulation, large volumes of animal waste that were previously processed into meat-and-bone meal and used in feed, must in future be incinerated or recycled in biogas plants, prior to use in agricultural applications.

The Regulation has led to a revision of the Statutory Order on sludge in spring 2003.

A 2.2.9 Special requirements for packaging and packaging waste

The Directive on packaging and packaging waste [18] should be seen in connection with the framework Directive on waste and the Community strategy for waste management. The Directive on packaging and packaging waste is the first example of a Directive fully based on the waste hierarchy.

The Directive includes provisions on prevention of packaging waste, including the promotion of re-use systems for packaging. It also sets up a number of quantitative objectives for the recycling of packaging waste.

Quantitative treatment requirements

The Directive stipulates that between 50% and 65% of total packaging waste must be recovered no later than 2001. Of this, between 25% and 45% of total packaging waste must be recycled. For the specific materials, a minimum of 15% of each material must be recycled before 2001.

The Packaging Directive is being revised. In October 2002, a common attitude was adopted, in which goals were set for 2008. The goal for the recovery of packaging waste is 60% in 2008. Between 55% and 80% of the total volume of packaging must be recycled. For the individual materials, the goal for recycling is 60% for cardboard/paper, 60% for glass, 50% for metal, 22.5% for plastic, and 15% for wood. Appendix E, Section E5, describes how Denmark will ensure compliance with these requirements.

Requirements for packaging

To support the objectives of the Directive for treatment of packaging waste, the Directive sets up requirements for design of packaging. These requirements are directed at manufacturers (or importers) of packaging.

The purpose of these requirements is to reduce amounts of and environmental impact from packaging and packaging waste. The Directive sets up concentration levels of heavy metals in packaging and so-called essential requirements on the composition and nature of packaging.

Since mid-1999, Denmark has had to annually submit documentation to the Commission on recycling and recovery of packaging waste.

In common with other Directives relating to waste, this Directive contains various provisions for marking systems, return, collection and recovery systems, waste management plans, information systems, and economic instruments.

National programmes for prevention and re-use

Finally, the Directive opens the possibility for Member States to launch specific national programmes or actions to ensure prevention and re-use of packaging waste. Danish initiatives are described below.

In addition to ensuring that specific requirements of the Directive are complied with, each Member State must implement other measures to prevent packaging waste (Article 4).

In 2000, the Folketing adopted a restructuring of the existing weight-based packaging tax such that from 2001, taxes were levied on packaging for certain products on the basis of the packaging material's environmental impact and weight. It is expected that the tax will, to some extent, provide an incentive to reduce the use of materials with a big environmental impact.

In addition, Denmark has introduced a subsidy scheme for cleaner products etc., which is expected to have a waste preventive effect in the longer term. At the end of 2002, the Danish Environmental Council for Cleaner Products supported an industry initiative for packaging with funding of DKK 1.7 million. The aim of the initiative is to develop tools for documenting material optimisation of packaging in relation to the Packaging Directive, and to develop methods for incorporating environmental considerations into the packaging design phase.

Apart from the possibility of creating incentives for manufacturers to develop new, material-saving or other environmentally friendly technologies through economic instruments such as taxes, Member States do not have much room to independently implement waste-preventive measures at the manufacturing level. This is because the Directive's requirements for packaging production and composition demand that all packaging must be optimised in relation to prevention as far as possible.

As a consequence, Denmark has chosen to primarily focus on waste management in relation to national initiatives for prevention. The re-use of packaging is a logical and efficient way of preventing waste arisings.

Special initiative for beverage packaging

Denmark has selected beverage packaging as a special area for preventive initiatives, as this packaging type potentially represents a very significant amount of packaging waste due to the large volumes.

Denmark has a scheme under which beer and carbonated soft drinks may only be marketed in refillable packaging or disposable packaging covered by a deposit and return system [19]. Refillable packaging must be returned for re-use. When the refillable packaging can no longer be re-used, it must be materially recycled. Disposable packaging must also be materially recycled.

The bottle return system means that each year we avoid the disposal of approx. 325,000 tonnes of waste, compared to the total weight of an equivalent volume of disposable glass or plastic bottles.

Bottles for wine and spirits are collected in municipal collection schemes (see also Appendix E, Section E7), by retailers, and from restaurants.

Whole bottles are washed and sent for refilling either in Denmark or abroad. Cullets are sent for material recovery. Reimbursement of the packaging tax when bottles are exported for refilling contributes to supporting the re-use of wine bottles.

The schemes for bottles for wine and spirits mean that each year we avoid generating approx. 60,000 tonnes of waste.

Re-use of transport packaging

Finally, large quantities of plastic transport packaging - especially crates for beer and soft drinks, transport boxes for foodstuffs in the retail trade, and pallets - are reused.

The Directive is implemented in Danish legislation in, inter alia, the Statutory Order on Waste and the Statutory Order on certain requirements for packaging [20].

A.2.3 Directives on treatment plants

The Directive on the landfill of waste (the Landfill Directive) is one of the most important legal instruments for installations for the treatment of waste. The Directive on waste incineration is also important.

Directive on the landfill of waste

A 2.3.1 Directive on the landfill of waste

The Directive on the landfill of waste [21] is drawn up under the framework Directive on waste. The purpose of the Directive is to introduce measures, procedures, and guidelines to prevent or, as far as possible, reduce environmental impacts from landfills. This refers especially to contamination of surface water, groundwater, soil, and air, impact on the global environment, including the greenhouse effect, as well as risks from landfilling of waste to human health.

The Directive covers all new landfills, but existing landfills must also comply with the Directive requirements by 16 June 2009, or be closed down and receive post treatment in accordance with the Directive's requirements.

The Directive on the landfill of waste regulates the approval, construction, operation, closure, and post treatment of landfills. The procedure for approval is uniform, regardless of the category of waste being landfilled (hazardous, non-hazardous and inert waste). The Directive also lays down procedures for the receipt of waste for landfilling. The receiving procedures are based on waste characterisation. The criteria for waste characterisation are specified in Council decision 2003/33/EC of 19 December 2002. This decision has to be implemented in Danish legislation by 16 July 2004.

Phasing-out and requirements for treatment

In order to reduce the volume of biodegradable waste going to landfills, the Directive lays down goals for amounts of this type of waste that Member States may landfill.

Furthermore, it is required - with some exceptions – that all waste is pre-treated before landfilling.

Economic instruments

The Directive requires that the price of landfilling must reflect all costs of establishment and operation of the landfill site. As far as possible, this also covers the costs of financial security, costs of closure, and post treatment for a period of at least 30 years.

Implementation in Denmark

The Directive has been implemented in Danish legislation, inter alia, through amendments to the Environmental Protection Act and Statutory Order on Waste, and by issuing the Statutory Order on landfills and Statutory Order on training of operations managers and personnel employed at landfill sites.

A 2.3.2 The Incineration Directive

Directive 2000/76/EC on waste incineration relates to the framework Directive on waste and stipulates minimum regulations for waste incineration. The Directive states that these regulations are not sufficient to comply with the IPPC Directive (no. 96/61/EC). The Directive covers any type of waste incineration, except for a number of vegetable waste types from agriculture and forestry, including the production of virgin pulp in the paper industry, wood waste, with certain exceptions, and animal bodies and waste originating from offshore industry.

Approvals etc.

The Incineration Directive regulates the approval, construction, equipping, and operation of facilities for incinerating waste.

Emission limit values

The Directive stipulates limit values for emissions of dust, certain heavy metals, hydrogen chloride, hydrogen fluoride, SO2, NOx, and dioxins and furans.

The Directive lays down requirements for measurements, inspection, and reporting from plants.

A.2.4 Transboundary movements of waste

The Regulation on the shipment of waste

The Council Regulation on shipments of waste [22] was adopted, in part, to implement the Basel Convention of 22 March 1989 on the control of transboundary movements of hazardous wastes and their disposal (see below), and an OECD Council Decision on the control of transboundary movements of waste destined for recovery operations.

A 2.4.1 The Regulation on the shipment of waste

Regulations apply directly and are thereby binding for authorities and citizens. Unlike Directives, Regulations do not have to be implemented in national legislation.

However, the Regulation on shipments of waste is supplemented in Danish legislation by a Statutory Order on import and export of waste [23], containing provisions on sanctions and inspection.

Basic principles

The Regulation lays down a number of procedures to be followed in connection with transboundary movements of waste, building on the principle of prior notification and authorisation, and provision of financial guarantees. The Regulation also regulates in which cases competent authorities may prohibit shipments of waste.

The Regulation distinguishes between waste destined for disposal and waste destined for recovery. Waste for recovery is divided into three main categories - green, amber and red.

Reasoned objections for competent authorities to prohibit shipments of waste vary depending on whether waste is destined for disposal or recovery.

Shipments of waste for disposal

The Regulation requires that all shipments of waste for disposal are notified and authorised.

The Regulation lists a number of reasoned objections to shipments of waste for disposal. A Member State may, partially or completely, prohibit shipments of waste into and out of its territory. Such a partial or general ban must be justified by the fact that the waste in question may be disposed of in a plant closer to its origin (proximity principle), or that the waste in question should be subject to recovery instead of disposal (priority for recovery), or that the Community as a whole should become self-sufficient in waste disposal and that Member States should move towards that aim individually, so that the waste problem is not solved by exportation of waste (principle of self-sufficiency). Denmark has made use of this authorisation to introduce Danish regulations that, in general, prohibit both the import and export of waste for disposal.

It is also possible to make objections to individual shipments of waste for disposal, if such shipments conflict with the principle of self-sufficiency, the proximity principle, waste management plans or national environmental legislation.

Shipments of waste for recovery

Under the Regulation, waste for recovery is divided into three main categories: green, amber, and red waste, and different rules apply to transboundary movements of waste depending on the category. Waste which does not feature on any of the three lists (unlisted waste) must follow the procedure for red waste.

Green waste is not covered by the provisions of the Regulation as to notification, but in order to enable waste tracking, the shipment must be accompanied by various information on, for example, the identity of the consignee of the waste and the holder of the waste.

Amber waste is covered by the requirement for notification. If no objections to the shipment have been raised within a given period of time, the shipment may take place without written authorisation.

Red waste follows the same procedure of notification as amber waste, but shipment can only take place after receipt of written authorisation from the competent authorities.

However, in practice, shipments of waste subject to notification requirements do not take place before written consent has been received from the competent authorities.

Grounds for objection to shipments of waste for recovery are more limited than for waste for disposal. Since green waste is exempt from the notification provisions, the Regulation provides no direct possibility of raising objections to such shipments. For amber and red waste, the most important objections are waste management plans and/or national legislation.

It is also possible to raise objections if the ratio of the recoverable and non-recoverable waste does not justify the recovery based on economic and environmental considerations (fictive recovery).

The Regulation on shipments of waste is being revised, but the timetable for completion is not known. The primary purpose of the revision is to integrate the OECD decision of 14 June 200 C (2001) 107/FINAL in the regulation. This decision entails a mandatory harmonisation between OECD and Basel regarding lists and other requirements on the shipment and disposal of hazardous waste.

The change also aims to simplify procedures and specify clearer and more uniform requirements for notification, shipping documents, information, provision of financial security, etc., throughout the entire community.

It is also expected that written consent will have to be received prior to shipment for both amber and red waste.

A 2.4.2 The Basel Convention

The Basel Convention on the control of transboundary movements of hazardous wastes and their disposal was adopted in the UNEP in Basel in 1989 and took effect in May 1992.

One of the main purposes of the Convention is to reduce the number of movements of hazardous waste. The Convention also defines a number of procedures in connection with movements – for example, requirements for notification and authorisation of movements.

Together with the other EU Member States, Denmark has implemented the Basel Convention in the Regulation on shipments of waste, regulating transboundary movements of waste, including hazardous waste.

In March 1994, in part at the initiative of Denmark, the parties to the Convention adopted an immediate ban on the movement of hazardous waste destined for final landfilling, and a ban on exports of waste for recycling from OECD countries to non-OECD countries, to be effective from 1 January 1998.

Due to non-ratification, the ban has not yet taken effect formally. Despite this, the EU has amended the Regulation on shipments of waste to the effect that the ban covers all EU Member States.

In order to ensure an operational ban, two lists have been prepared and adopted in parallel to the ban: a list of hazardous waste and a list of non-hazardous waste. These two lists provide the technical basis for determining whether waste is hazardous or non-hazardous and thereby whether a given movement is covered by the ban. The two lists have been incorporated in Annex V to the Regulation.

A.2.5 Regulation on waste statistics

The Regulation on waste statistics [24] provides the legal basis for the collection of statistical data on the generation and treatment of waste from households and trade and industry in the EU. The Regulation contains definitions for various waste sector terms and stipulates quality criteria for the collected data. The Regulation will thus ensure the procurement of statistical data with a greater degree of comparability than has previously been available. The information must be reported every two years to the EU statistics office, EUROSTAT.

These measures aim to permit trends in waste generation and waste treatment to be monitored in order to ensure compliance with the targets in EU waste policy.

In Denmark, this statistical data will be obtained via the Environmental Protection Agency's existing Information System for Waste and Recycling (ISAG). ISAG has been implemented in the Statutory Order on Waste, including the most recent amendments to the Order. This means that the Regulation will have no further consequences for Denmark, since Denmark already fulfils the regulations.

Footnotes

[1] Act no. 414 of 14 January 1995, as amended by Act no. 397 of 22 May 1996 on taxes on nickel-cadmium batteries.

[2] Council Directive 75/442/EEC, as amended by Council Directive 91/156/EEC.

[3] Directive 91/689/EEC.

[4] Council decision 2000/532/EC, as amended by Council decision 2001/118/EC, European Commission decision 2001/119/EC and Council decision 2001/573/EC.

[5] Council Directive 75/439/EEC, as amended by Council Directive 87/101/EEC.

[6] Directive 91/157/EEC, Act on taxes on lead accumulators and hermetically sealed nickel-cadmium batteries, and the Statutory Order on collection of hermetically sealed nickel-cadmium accumulators (closed nickel-cadmium batteries) and remuneration for collection and disposal for recycling.

[7] Commission Directive 93/86/EEC.

[8] Statutory Order no. 480 of 19 June 2002

[9] Statutory Order no. 782 of 17 September 2002

[10] Statutory Order no. 1067 of 22 December 1998

[11] Directive 96/59/EC

[12] Directive 85/467/EEC

[13] Directive 75/439/EEC

[14] Statutory Order no. 925 of 13 December 1998 on PCBs, PCTs and substitute substances.<0}

[15] Council directive 86/278/EEC of 12 June 1986 on protection of the environment and soil in particular in connection with the use of sludge from wastewater treatment plants in agriculture

[16] Statutory Order no. 49 of 20 January 2000 on recycling waste products for agricultural purposes.

[17] Regulation (EC) no. 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption.

[18] Directive 94/62/EC of 20 December 1994 on packaging and packaging waste.

[19] The scheme is laid down by the Ministry of the Environment in Statutory Order no. 713 of 24 August 2002 on deposits and collection etc. of packaging for beer and certain soft drinks.

[20] Statutory Order no. 298 of 30 April 1997 on certain requirements for packaging, as amended by Statutory Order no. 1113 of 14 December 2001.

[21] Council Directive 1999/31/EC of 26 April 1999 on landfilling of waste.

[22] Council Regulation no. 259/93 on the supervision and control of shipments of waste within, into and out of the European Community, as amended by Council Regulation no. 120/97 of 20 January 1997.

[23] Statutory Order no. 971 of 19 November 1996, as amended by Statutory Order 246 of 3 April 2000.

[24] Regulation (EC) no. 2150/2002 of the European Parliament and of the Council of 25 November 2002 on waste statistics.

 

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Version 1.0 June 2004, © Danish Environmental Protection Agency