Appendix A Regulation
A 2 EU waste regulation 45
A 1 Instruments of the Danish model
Danish waste legislation is characterised by a close interplay between EU regulation and national regulations.
EU regulation lays down overall frameworks and principles for waste management. The organisation of waste structures and the implementation of EU regulation in Danish legislation is a national task.
The Danish waste model is based on a combination of traditional administrative instruments (Acts, Statutory Orders, Circulars), and various other instruments such as taxes and charges, subsidy schemes and agreements. These instruments are described below.
EU waste regulation is summarised in Appendix A2 together with a description of the interplay 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 subsequent Statutory Orders and Circulars. The most important Statutory Order is the Statutory Order on Waste no. 299 of 30th April 1997.
Local authorities are competent authority in waste management issues
The Danish Environmental Protection Act lays down regulations on waste in Part 6 (Sections 43-50). Under these provisions, local authorities are responsible for the management of all waste in Denmark.
The Act states that the local council is in charge of waste management. Thus, the local authority is responsible for waste generated in its municipality.
Duties of local authorities
Under the terms of the Danish Environmental Protection Act and the Statutory Order on Waste, local councils have a number of duties in connection with waste management.
Every four years, the local council must prepare a short-term waste management plan covering four years, and a long-term plan covering 12 years.
Furthermore, the local council must prepare waste regulations detailing the schemes established in its municipality.
In this context, the local council must ensure compliance 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 Circulars.
The local council must establish schemes ensuring that waste generated in its municipality is managed in an environmentally acceptable way. Such schemes may be assignment schemes or collection schemes.
Characteristic features of assignment schemes are that the local council 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 waste management in compliance with provisions in the regulation.
By contrast, characteristic features of collection schemes are that the local council 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 as well as for hazardous waste, the Statutory Order on Waste lays down requirements to the effect that the local council must establish a collection scheme. In addition, a Circular gives requirements for the establishment of collection schemes for construction and demolition waste.
The local authority collects and registers information on waste amounts, waste treatment plants etc.
Finally, the local council 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 it is in charge of supervision of compliance with regulations.
Duty to use schemes
When a municipal scheme has been established, citizens, freeholders and enterprises are, as a rule, under an obligation to use the scheme. There are, however, various possibilities of exemption from this obligation.
According to the Danish Environmental Protection Act, it is furthermore prohibited to establish competing collection, where a municipal collection scheme has been established.
The local council is not allowed to delegate responsibility for waste management, but it can choose either to assume the task itself, to confer the task to an intermunicipal waste company (i.e. a co-operation between municipalities) or to contract operation to private companies.
The operation of collection schemes for household waste is assumed both by municipal companies and private waste companies, whereas management of industrial and commercial waste is normally assumed by private companies alone.
Enterprises and plants carrying out treatment, reprocessing or crushing etc. of waste must have environmental approval. As of 1st January 1992 landfills may as a general rule only be owned by public authorities.
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.
The waste tax, which came into effect on 1st January 1987, is one of the instruments established to achieve the targets 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. Hazardous waste and contaminated soil are exempt from the Danish waste tax.
The objective is that the waste tax rate and the differentiation shall create an incentive to lead generated waste directly to recycling or to recover it by incineration with energy recovery instead of leading it to landfilling.
The waste tax is described in more detail in A 1.3.
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 divided into six volume categories and two material-based rates. The tax is levied on new packaging and thereby gives an incentive to use refillable packaging.
Furthermore, with effect from 1st April 1998 a volume-based tax is levied on bottles and drums. From 1st January 1999, this tax is converted into a weight-based tax divided into 13 material and packaging types. The 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 fall under the weight-based tax as from 1st January 1999.
The weight-based tax promotes the reduction of packaging consumption and thereby waste arisings. The objective is that the tax reflects the environmental impact of materials in question. Therefore, a number of environmental indices will be prepared on the basis of cradle-to-grave analyses.
Furthermore, as from 1st January 1999 a weight-based tax is levied on plastic foil foodstuff-packaging manufactured from soft PVC. The purpose of this tax is to promote the use of more environment-friendly packaging foil.
Finally, since 1994 a weight-based tax on paper and plastic carrier bags has been in effect, and since 1988 a value tax on disposable tableware. Both taxes give an incentive to increase reuse and reduce waste amounts.
As a supplement to the general waste tax, more specific taxes have been introduced aimed at products that either demand special treatment after use or where consumption should be limited or shifted to more environment-friendly products. For example, a fee has been introduced for Ni-Cd batteries, in the form of a remuneration scheme.
General fee or tax financing of municipal schemes
Costs of waste management may be financed by fees or taxes at the discretion of local councils.
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 fixed on a cost-coverage principle, i.e. the rate of fees must be fixed so that over time there is a balance between revenues (fees) and costs of schemes in the waste management system. Schemes must therefore be based on the non-profit cost-coverage principle.
The local council may fix an overall fee for schemes established in the municipality. The fee must correspond to the service delivered to citizens.
In municipal waste regulations, the local council may lay down provisions on waste management fees, including rate and levy system.
Specific taxes and charges
In addition to the waste management fee financing municipal waste management schemes, taxes, charges and fees are increasingly used to finance, for example, take-back schemes for certain waste fractions (tyres and lead accumulators). Here, fees are used to finance collection and recycling.
Agreements are another instrument used to achieve environmental objectives in waste management. For example, an agreement has been entered with the Danish Contractors' Association on selective demolition of building materials. Other examples of agreements are: an agreement with local councils on CFC-containing refrigerators, an agreement on recycling of transport packaging with the Confederation of Danish Industries, the Danish Plastics Federation and the Packaging Industry, an agreement with 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
In the subsidy programme "Programme for cleaner products etc." funds have been allocated to projects on recycling, cleaner technology, and waste. The Environmental Council for Cleaner Products is in charge of overall prioritisation of funds, whereas the Danish Environmental Protection Agency is in charge of the administration of funds for specific projects.
Subsidies are granted to activities that reduce environmental impacts in connection with development, manufacture, sale or use of products or in connection with management of waste generated in the entire life cycle of the product, either in the form of promotion of cleaner products or recycling. Subsidies may also be granted to projects aiming at mitigating problems related to waste disposal. This may be in the form of projects of demonstration, surveying, and information etc. or development of processes, methods, production equipment or products within waste management. Investments in plant cannot be subsidised today.
A 1.3 The Danish Waste Tax
Objective year 2004
A 1.3.1 Status
The Danish waste tax was introduced in 1987. The purpose of the waste tax is to shift waste from landfilling and incineration to recycling, and the tax is differentiated so that it is most expensive to landfill waste, cheaper to incinerate it with energy recovery, and tax exempt to recycle it.
The waste tax gives a financial incentive to shift waste from incineration and landfilling to recycling. It has worked well for large, homogeneous waste fractions, but up to 1997 the tax rate has not been high enough to ensure satisfactory recycling of the types of industrial waste which traditionally are not transferred to recycling.
A 1.3.2 Future initiatives
In co-operation with the Danish Ministry of Taxation, the Act will be revised in 1999. In this context, an assessment will be carried out to clarify whether the exemption of hazardous waste and contaminated soil is to be upheld.
Hazardous waste has so far been exempt from the waste tax, and assessments will be made on whether the assumptions for this exemption have changed. The costs of disposal of hazardous waste vary depending on the type of waste. For certain types of waste, costs are similar to those for non-hazardous waste. Finally, it will be assessed whether the waste tax can be used to control contaminated soil streams.
An evaluation of the effects of the increase in the waste tax rate which took effect on 1.1.97 will be finalised in spring 1999. It will be supplemented by an analysis of the latest increase once the analytical basis is adequate.
A 1.3.3 Regulation
The waste tax is authorised by the Act on taxes on waste and raw materials. The yield of the tax is a general revenue in the Finance Act. The tax is administered by local customs and tax regions, and it is levied at registered treatment plants. This ensures that all waste treated is taxed and that the tax is passed on fully to the producer of the waste.
The waste tax is differentiated, and rates today are DKK 375/tonne waste for landfilling (also for landfilling of residues from power plants based on fossil fuel or biomass), DKK 330/tonne waste incinerated and DKK 280/tonne waste incinerated at plants with a minimum of 10 per cent power generation. Recycled waste is not taxed.
A refund is granted to local authorities for costs of cleaning beach sand contaminated with oil and chemicals.
A 1.3.4 Environmental impact assessment
An adjusted waste tax will lead to reduced loss of resources and improved waste treatment, both contributing to reduced environmental impact.
A 1.3.5 Implications for national authorities
It may be necessary to amend the Act on taxes, depending on the results of ongoing studies.
A 1.3.6 Implications for local authorities
At any time, local authorities must take account of the effects of the waste tax (in their choice between incineration or landfilling).
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 lays down overall frameworks and principles for waste management. The organisation of waste management and the implementation of EU regulation in Danish legislation is a national task.
The formulation of EU waste strategy and legislation takes place in close co-operation between EU institutions and Member States.
Denmark as front-runner
Denmark's impact on EU legislation has been significant, and together with a number of other EU Member States, Denmark has often taken the lead in solving new tasks in waste management. Many of the central elements of the Danish waste model have been - and still are - a source of inspiration to EU regulation. One example is the waste hierarchy, especially in connection with the introduction of waste prevention. Another example is the principle of source separation, permit requirements for waste treatment plants, and the establishment of data collection.
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 objectives and measures, is described in Communication from the Commission on the Community strategy for waste management, adopted on 30th 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 under an obligation to draw up one or several plans for the management of waste in order to achieve the objectives for waste management laid down in Directives.
The central legislative instrument is the Council Directive 75/442/EEC as amended by Council Directive 91/156/EEC, also known as the "framework" Directive on waste. This Directive is supplemented by a number of Directives regulating particular types of waste. In addition, regulations have been issued in the form of a number of Directives on the treatment of waste, incineration of waste, and incineration of hazardous waste. Finally, a proposal for a Directive on the landfill of waste has been tabled and is expected to be adopted in mid-1999.
Objectives and requirements for waste management laid down in waste-related Directives are described below, including the requirements to draw up waste management plans.
Regulations on transboundary movements of waste are also described.
A 2.1 General requirements of the framework Directive on waste
The Directive on waste33 provides a number of basic definitions and principles for environmentally sound management of waste. The scope of the Directive covers all waste that is not regulated separately.
The Directive 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, i.e. forms of treatment where resources in waste are not utilised (including landfilling).
The Directive lays down the waste hierarchy described above in which waste prevention has the highest priority, followed by recycling and other types of recovery, including incineration with energy recovery. Waste which cannot be treated in these forms is landfilled.
Principles for 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 as well as Member States individually to dispose of waste generated on 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 lays down requirements to the effect that all treatment plants must obtain a permit, and that they are subject to periodic inspections.
Further to this requirement, the Directive lays down requirements for 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 attain the objectives of the Directive, Member States are required to draw up waste management plans. Member States may prevent movements of waste which are not in accordance with their waste management plans.
The Directive gives a list 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.
A 2.2 Special requirements for hazardous waste
A 2.2.1 Directive on hazardous waste
Waste is categorised as hazardous if it features on the list of hazardous waste and/or displays the properties listed in Annexes II and III to the Directive which render them hazardous.
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 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 lays down requirements that producers, carriers and disposal plants for hazardous waste keep a record of various information on waste treated.
This Directive also establishes the requirement to draw up management plans for hazardous waste.
Implementation in Denmark
The implementation of the Directive in Danish legislation is ensured 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. 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 2.2.2 Directive on waste oils
Requirements for special management
The Council Directive on the disposal of waste oils36 prohibits any discharge or treatment of waste oils causing a risk of 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 lays down requirements to the effect that waste oils are primarily 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 are also requested to obtain a permit.
The implementation of the Directive in Danish legislation is ensured through a number of provisions in the Statutory Order on Waste.
A 2.2.3 Directive on batteries and accumulators
The Council Directive on batteries and accumulators containing certain dangerous substances37 aims at harmonising national measures on the management of spent batteries and accumulators containing mercury, cadmium or lead.
Requirements for collection
The Directive orders Member States to establish collection schemes for spent batteries and accumulators containing mercury, cadmium or lead, as well as 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 limits fixed in the Directive.
The Directive is supplemented by a Commission Directive on a marking system for batteries and accumulators38. The marking must support the provisions of the Directive on batteries and accumulators on 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.
The Directive orders 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.
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.
A 2.2.4 Directive on PCBs and PCTs
Special requirements for disposal
The Council Directive on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT)39 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 reuse of PCBs.
The purpose of the Directive is to ensure environmentally safe disposal of PCBs and PCTs. For large PCB volumes (more than 5 dm3), decontamination and/or disposal must be effected at the latest by the end of 2010. For equipment with contents of less than 5 dm3, disposal must be ensured at the latest at the end of the product's useful life.
Member States must ensure that inventories are compiled of 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, the Directive on waste oils and the Directive on the incineration of hazardous waste.
Plans for the replacement, collection and safe disposal of PCBs must be drawn up.
The Directive on PCB/PCT was implemented in Danish legislation in December 199840.
A 2.3 Special requirements for packaging and packaging waste
The Directive on packaging and packaging waste41 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 reuse systems for packaging. It also sets up a number of quantitative objectives for the recycling of packaging waste.
Quantitative treatment requirements
The Directive sets up requirements to the effect that between 50 per cent and 65 per cent of total packaging waste must be recovered no later than year 2001. Of this, between 25 per cent and 45 per cent of total packaging waste must be material recycled.
In addition to overall objectives for material recycling, the Directive also sets up specific requirements for recycling of each packaging material. As a minimum 15 per cent of each packaging material must be recycled no later than year 2001. These requirements are directed at glass, paper and cardboard, metal and plastic. In Appendix E, Section E5, it is described how Denmark ensures compliance with these requirements.
In Denmark, it is expected to attain a recycling rate of around 45 per cent of packaging waste by year 2001. The major part of the remaining packaging waste is incinerated with energy recovery. On the basis of implemented and planned initiatives in packaging waste management and in waste management in general - including the ban on landfilling of waste suitable for incineration, it is expected that total recovery of packaging waste will be above 80 per cent and thereby go beyond the targets stated in the Directive on packaging and packaging waste. Denmark must inform the Commission of this in compliance with Article 6 (6) of the Directive.
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.
Once a year, starting from mid-1999, Denmark must submit documentation to the Commission on recycling and recovery of packaging waste.
In common with other Directives relating to waste, this Directive gives various provisions for marking systems, return, collection and recovery systems, management plans, information systems and economic instruments.
National programmes for prevention and reuse
Finally, the Directive opens the possibility for Member States to launch specific national programmes or actions to ensure prevention and reuse 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 1998, the Folketing adopted an amendment of the packaging tax in effect at that time so that from 1999 taxes are levied on packaging for certain products on the basis of packaging material and weight. It is expected that the weight-based tax will give an incentive to reduce the weight of packaging and thereby have a waste-preventive effect on packaging waste arisings.
In addition, Denmark has introduced a subsidy scheme for cleaner products etc. which in a long term perspective is expected to have a waste preventive- effect. This scheme is described in more detail in the Section A1 on instruments.
Apart from the possibility of creating incentives for manufacturers to develop new, material-saving or other environment-friendly technologies through economic instruments such as taxes, Member States do not have much room to implement waste-preventive measures at manufacturing level. The Directive sets up requirements for composition and nature of packaging, and thus 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 reuse of packaging is a logical and efficient way of preventing waste arisings.
Special effort for beverage packaging
Denmark has selected beverage packaging as a special area for initiatives, as this packaging type potentially represents a very significant amount of packaging waste due to the large volumes.
Under the Danish scheme, beer and carbonated soft drinks may only be marketed in approved refillable packages42.
The bottle return system means that each year we avoid the disposal of around 390,000 tonnes of waste (total weight of the corresponding volume of single-use bottles of glass or plastic).
Imported beverage may be marketed in packages that are not approved, provided that they are covered by a deposit and return system ensuring refilling or material recovery.
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. A reimbursement of the packaging tax through export of bottles for refilling contributes to supporting reuse of wine bottles.
The scheme for bottles for wine and spirits means that each year we avoid around 50,000 tonnes of waste.
Reuse 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 has been implemented in Danish legislation by, for example, the Statutory Order on Waste, the Statutory Order on certain requirements for packaging, and the Statutory Order on Packaging for Beer and Soft Drinks
A 2.4 Directives on treatment plants
The future Directive on the landfill of waste will be one of the most important legal instruments for installations for the treatment of waste. A number of other Directives lay down requirements to plants treating waste, for example the Directives on waste incineration.
A 2.4.1 Draft Directive on the landfill of waste
Directive on the landfill of waste
The draft Directive on the landfill of waste 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 means especially contamination of surface water, groundwater, soil and air, load on global environment, including the greenhouse effect, as well as risks from landfilling of waste to human health.
The Directive will cover all new landfills, but existing landfill sites must also comply with requirements of the Directive before a specific date.
Landfill sites serving islands or landfills located in isolated settlements may be exempt from provisions of the Directive in certain situations.
The Directive will introduce common procedures for permits for all classes of landfill (for hazardous, non-hazardous and inert waste), and it will introduce procedures for reception of waste for landfilling. Reception procedures will be based on waste classification.
Phasing-out and requirements for treatment
In order to reduce amounts of biodegradable waste going to landfills, the draft Directive lays down targets for amounts of this type of waste that Member States may landfill.
These targets must primarily be met by composting, biogasification or material/energy recovery.
Furthermore, it is required that - with some exceptions - all waste is pre-treated before landfilling.
The draft 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 costs of financial security, costs of closure and aftercare for a period of minimum 30 years.
Implementation in Denmark
The Directive must be implemented in Danish legislation no later than two years after its publication in the Official Journal.
A 2.4.2 Directives on incineration
Council Directive 89/369/EEC on the prevention of air pollution from new waste incineration plants and Council Directive 89/429/EEC on the prevention of air pollution from existing waste incineration plants are both adopted under the framework Directive 84/360/EEC on the combating of air pollution from industrial plants. At the same time, the two Directives relate to the framework Directive on waste.
The Directives on incineration regulate authorisation, design, equipment and operation of new and existing municipal incineration plants.
Emission limit values
The Directives lay down emission limit values for dust, certain combinations of heavy metals, hydrochloric acid, hydrofluoric acid and SO2.
The Directives give requirements for measurements, inspection and reporting from plants.
The Directives do not apply to plants that are specially designed for incineration of sludge from wastewater treatment plants, chemical, toxic or hazardous waste as well as medical waste, even if such plants may also incinerate domestic waste.
The Council has adopted the Council Directive 94/67/EEC on the incineration of hazardous waste. This Directive lays down rules on design, operation and control of plants incinerating hazardous waste, as well as plants co-incinerating hazardous waste.
A 2.5 Transboundary movements of waste
Council Regulation on shipment of waste
The Council Regulation on shipments of waste43 was adopted, among others, to implement the Basel Convention of 22nd March 1989 on the control of transboundary movements of hazardous wastes and their disposal, as well as an OECD Council Decision on the control of transfrontier movements of waste destined for recovery operations.
A 2.5.1 Regulation on shipments of waste
Regulations apply directly and are thereby binding for authorities and citizens. Contrary to 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 waste44, giving, for example, provisions on sanctions and inspection.
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 as well as 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 the destiny of waste: disposal or recovery.
The Regulation requires that all shipments of waste for disposal are notified and authorised.
Shipments of waste for disposal
The Regulation lists a number of reasoned objections to shipments of waste for disposal. A Member State may, partially or generally, 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).
There is also a possibility to make objections to separate shipments of waste for disposal, if such shipments oppose to the principle of self-sufficiency, the proximity principle, waste management plans or national environmental legislation.
Shipments of waste for recovery
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 lists 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 assist the tracking of waste, 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.
Possibilities of objection to shipments of waste for recovery are more limited than for waste for disposal. As green waste is exempt from the provisions of notification, the Regulation gives no direct possibility of raising objections to shipments. For amber and red waste the most important objections are waste management plans and/or national legislation.
There is also a possibility of raising objections if the ratio of the recoverable and non-recoverable waste does not justify the recovery under economic and environmental considerations (fictive recovery).
In addition, the Regulation lists a number of specific reasoned objections.
A 2.5.2 The Basel Convention
As from 1st January 1998, it is prohibited to export hazardous waste from OECD countries to non-OECD countries. This so-called export ban is the implementation of a ban adopted under 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 so-called Regulation on shipments of waste, regulating transboundary movements of waste, including hazardous waste.
In March 1994, at the initiative of, among others, Denmark, the parties to the Convention adopted, an immediate ban on the movement of hazardous waste destined for final disposal and a ban on exports from OECD countries to non-OECD countries of waste for recycling, taking effect no later than 1st 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.