new final implementation report for directive 1999/31/ec on the...

Final Implementation Report for Directive 1999/31/EC on the Landfill of Waste: 2013 – 2015

Service request under the framework contract No. ENV.C.2/FRA/2013/0023

16th April 2018

Report for DG Environment, European Commission

Prepared by Eunomia, ENT, IVL and EPEM

Approved by

………………………………………………….

Mike Brown

(Project Director)

Eunomia Research & Consulting Ltd 37 Queen Square Bristol BS1 4QS

United Kingdom

Tel: +44 (0)117 9172250 Fax: +44 (0)8717 142942

Web: www.eunomia.co.uk

Disclaimer

Eunomia Research & Consulting has taken due care in the preparation of this report to ensure that all facts and analysis presented are as accurate as possible within the scope of the project. However no guarantee is provided in respect of the information presented, and Eunomia Research & Consulting is not responsible for decisions or actions taken on the basis of the content of this report.

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Contents

1.0 Introduction .......................................................................................................... 1

1.1 The Landfill Directive ................................................................................................ 1

1.1.1 Main Provisions ................................................................................................ 1

1.2 About this Report ..................................................................................................... 2

1.2.1 Sources of Information ..................................................................................... 3

1.2.2 Member State Implementation Questionnaires Considered for this Report.... 4

2.0 Transposition into National Law ............................................................................ 5

2.1 Transposition into National Law .............................................................................. 5

2.2 Use of Landfill Gas .................................................................................................. 14

2.3 Minimisation of Nuisances and Hazards ................................................................ 23

2.4 Waste Acceptance Criteria or Lists......................................................................... 29

2.5 Collection of Meteorological Data ......................................................................... 35

2.6 Monitoring Leachate, Surface Water, Gas Emissions and Atmospheric Pressure . 40

2.7 Cases where the Measurement of Volume and Composition of Surface Water was not required .................................................................................................................... 47

3.0 Implementation of the Directive ........................................................................... 52

3.1 Exemptions of Non-hazardous Waste from Prospecting and Extraction, Treatment and Storage of Mineral Resources as well as from the Operation of Quarries .............. 52

3.2 Exemptions of Islands and Isolated Settlements ................................................... 55

3.3 Exemptions for Underground Storage ................................................................... 57

3.4 National Strategy for the Reduction of Biodegradable Waste going to Landfill ... 59

3.4.1 Status of Notifications .................................................................................... 59

3.4.2 Classification of Waste as Biodegradable waste and Biodegradable Municipal Waste .......................................................................................................... 62

3.4.3 Experiences with the Application of the Strategy .......................................... 68

3.4.4 Amounts of Biodegradable Municipal Waste ................................................ 74

3.4.5 Amounts of biodegradable municipal waste and other biodegradable waste going to landfills .......................................................................................................... 75

3.4.6 Adaptation of Strategies ................................................................................ 76

3.5 Landfills for Hazardous Waste ................................................................................ 81

3.6 Landfills for Non-hazardous Waste ........................................................................ 82

3.7 Landfills for Inert Waste ......................................................................................... 83

3.8 Other Landfills ........................................................................................................ 84

3.9 Cost of Landfill ........................................................................................................ 85

3.10 Aftercare of Closed Landfills .................................................................................. 91

3.11 Description of Planning Procedure for Landfills..................................................... 98

3.12 Technical Requirements for Water Control and Leachate Management ............ 104

3.13 Technical Requirements for Inert Waste Landfills ............................................... 111

3.14 Reduction of Technical Requirements ................................................................. 116

4.0 Summary ........................................................................................................... 119

4.1 Concluding Remarks ............................................................................................. 119

4.1.1 Transposition into National Law .................................................................. 119

4.1.2 Implementation of the Directive .................................................................. 121

4.2 Limitations of Reporting ....................................................................................... 127

APPENDICES ............................................................................................................ 128

A.1.0 Appendix 1 – Member State Implementation Questionnaires 2013-2015 ......... 129

A.2.0 Appendix 2 – Other Relevant Tables .................................................................... 131

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1.0 Introduction

1.1 The Landfill Directive

Directive 1999/31/EC on the landfill of waste1 (hereafter referred to as ‘the Landfill Directive’ or ‘the Directive’) regulates how waste is landfilled. The Landfill Directive entered into force on 16th July 1999 and Member States were required to transpose it into national legislation by 16th July 2001.

The Directive’s overarching objective is to supplement the requirements of the Waste Framework Directive (2008/98/EC)2 and prevent or reduce as far as possible the negative effects of landfilling on the environment and on human health. It seeks to achieve this by introducing stringent technical standards and requirements for the location, management, engineering, closure and monitoring of landfills. The Directive also includes requirements relating to the characteristics of the waste than can be landfilled. Further acts amending the Directive are Regulation (EC) No. 1882/20033, Regulation (EC) No. 1137/20084, Directive 2011/97/EU5 and Council Decision (2003/33/EC).6

1.1.1 Main Provisions

The main provisions of the Directive according to Commission Decision 2000/738/EC7 are as follows:

Scope (Article 3)

1 Council Directive 1999/31/EC of 26th April 1999 on the Landfill of Waste (OJ L 182/1 of 16.7.1999) 2 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008). 3 Regulation (EC) No. 1882/2003 of the European Parliament and of the Council of 29 September 2003 adapting to Council Decision 1999/468/EC the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in instruments subject to the procedure referred to in Article 251 of the EC Treaty. 4 Regulation (EC) No. 1137/2008 of the European Parliament and of the Council of 22 October 2008 adapting a number of instruments subject to the procedure laid down in Article 251 of the Treaty to Council Decision 1999/468/EC, with regard to the regulatory procedure with scrutiny — Adaptation to the regulatory procedure with scrutiny — Part One. 5 Council Directive 2011/97/EU of 5th December 2011 amending Directive 1999/31/EC as regards specific criteria for the storage of metallic mercury considered as waste. 6 Council Decision of 19 December 2002 establishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of and Annex II to Directive 1999/31/EC, 2003/33/EC 7 Commission Decision 2000/738/EC of 17th November 2000 concerning a questionnaire for Member States on the implementation of Directive 1999/31/EC on the landfill of waste (OJ L 298/24 of 25.11.2000).

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o Article 3 requires Member States to set the scope of what is considered a landfill namely for hazardous, non-hazardous and inert waste; what is allowed into landfills; capacities and other key features.

Waste and treatment not acceptable in landfills (Article 5)

o Article 5 requires Member States to set up national strategies for the reduction of biodegradable waste going to landfills, and outlines what this strategy should include as well as timelines for implementation.

o Sets out a requirement that only waste which has been subject to treatment can be landfilled. It also bans certain wastes from being landfilled.

o Article 5 also sets out Member States’ reduction targets regarding the landfilling of biodegradable waste. This are set in relation to the total amount (by weight) of biodegradable municipal waste produced in a baseline year (1995 or the latest year before 1995 for which standardised EUROSTAT data is available).

Cost of landfill of waste (Article 10)

o Article 10 requires Member States to take measures to ensure that all costs associated with setting up and operating landfill sites pre-opening, during operation and post-closure are covered by the price charged by the operator.

Closure and aftercare procedures (Article 13)

o Article 13 requires Member States to follow certain procedures with regards to the closure and aftercare of landfill sites. These include permitting, control and monitoring during operation, closure and after care.

General requirements for all classes of landfills (Annex I)

o Annex I sets out the location considerations for landfills, how to manage water control and leachate, how to protect the soil and water, how to control gas, how to manage nuisances and hazards, how to ensure stability of the site and what barriers are needed to prevent free access to the site.

Waste Acceptance criteria and procedures (Annex II)

o Annex II establishes the criteria for accepting waste in landfills as well as procedures for the reception of waste.

1.2 About this Report

DG Environment of the European Commission (hereafter referred to as ‘the Commission’) awarded a contract to Eunomia Research and Consulting based in the UK, together with its partners, ENT Environment and Management based in Spain, EPEM S.A. based in Greece and IVL Swedish Environmental Research Institute (IVL) to prepare an

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Implementation Report on the Landfill Directive for 2013-2015 (under the framework contract DG ENV.C.2/FRA/2013/0023).

This Implementation Report is a summary and analysis of the replies provided by Member States to the Implementation Questionnaire covering the Landfill Directive for the period 2013-2015, pursuant to Implementing Decision 2000/738/EC8. This report is part of a series of Implementation Reports that is published on the Landfill Directive every three years, according to Article 15 of the Directive. Previous reports are available on the European Commission website.9

Member States are required to submit responses to the Implementation Questionnaire to the Commission. The deadline for 2013-2015 was September 2016. However, any information submitted by Member States up to 30th November 2017 was also taken into consideration.

This report is structured as follows:

Section 2.0: summarises Member State responses to the questions concerning the transposition of the Directive into national legislation;

Section 3.0: summarises Member State responses to the question on the implementation of the Directive;

Section 4.0: provides a summary of the implementation of the Directive;

Appendix A.1.0: provides a tabular summary of the number of Member States that have submitted Implementation Questionnaires for the reporting period 2013-2015; and

Appendix A.2.0: contains other relevant information in table form.

1.2.1 Sources of Information

Some Member States failed to submit a questionnaire (see Section 1.2.2), or did not respond to particular questions. In these instances it was necessary to consider other sources, where available. Whenever a source other than the Member State replies to the Landfill Directive Implementation Questionnaire 2013-2015 is used, this has been clearly stated. Examples include questionnaires from previous reporting periods (e.g. 2010-2012), reports issued from EUROSTAT and the European Environment Agency, information found on EUR-Lex10 or any relevant documentation found on national websites of Member States.

In order to identify any progress or changes in the way the Directive has been implemented, this report compares Member States responses to the Implementation

8 Commission Decision 2000/738/EC of 17th November 2000 concerning a questionnaire for Member States on the implementation of Directive 1999/31/EC on the landfill of waste (OJ L 298/24 of 25.11.2000). 9 European Commission (2018) Reporting on Implementation of Waste Legislation, accessed 5 January 2018, http://ec.europa.eu/environment/waste/reporting/index.htm 10 EUR-Lex website covering European and National Legislation and Commission Decisions on related Acts found at: http://eur-lex.europa.eu/homepage.html

http://eur-lex.europa.eu/homepage.html

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Questionnaire 2013-2015 with the responses provided in 2010-2012. If these were not available, then earlier questionnaires (e.g. 2007-2009) were used as a comparison. The exception to this is Croatia, which became a Member State of the European Union on 1st July 2013. Therefore comparisons with earlier years were not possible.

For practical reasons, the report does not always differentiate between direct quotes taken from Member States’ replies and re-phrased or shortened paragraphs. All due care has been taken in completing this report.

1.2.2 Member State Implementation Questionnaires Considered for this Report

Table A - 1 in Appendix A.1.0 shows which Member States submitted responses to the 2013-2015 Implementation Questionnaire. Overall, 24 Member States submitted responses to the Commission, with only four Member States failing to do so. These were France, Italy, Malta and Romania.

Although Italy did not respond to the questions in the questionnaire, it did provide a completed table in response to Question 5 (regarding the number of existing landfills). Although Romania did not submit a response to the Implementation Questionnaire, it did submit a separate report relating to the implementation of the Directive. Where possible this has been used for the purpose of reporting.

France and Italy last responded in 2004-2006, whereas Romania and Malta last responded in 2007-2009.11 These earlier responses were consulted for the purpose of writing this report.

Croatia reported in 2013-2015 for the first time.

11 The Treaty of Accession of Romania states that “Romania shall provide the Commission, by 30 June of each year starting with 30 June 2007, a report concerning the gradual implementation of the Directive and compliance with these intermediate targets” (Documents concerning the accession of the Republic of Bulgaria and Romania to the European Union, Annex VII, 9, B, 3, d). The last intermediate target is set for 2017 (Documents concerning the accession of the Republic of Bulgaria and Romania to the European Union, Annex VII, 9, B, 3, b). For the period 2013-2015 Romania did not sent the completed questionnaire, but a report with partial information and figures regarding the application of the Landfill Directive.

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2.0 Transposition into National Law

Member States are required to transpose the Landfill Directive and its requirements into national legislation.

2.1 Transposition into National Law

All Member States (24) that submitted implementation questionnaires for 2013-2015 reported on the details of transposition. Six of these member States (the Czech Republic, Denmark, Ireland, Poland, the Netherlands, and the United Kingdom) provided a completed answer, i.e. with precise details of where each provision of the Directive has been transposed. The answers provided by the other 18 Member States did not provide this level of detail.

Based on the responses provided to the previous Implementation Questionnaires it can be confirmed that France, Italy, Malta and Romania have also transposed the Directive into national legislation.

Belgium and the United Kingdom were the only Member States to report on provisions made by regional entities.

Member State responses are summarised below:

In Austria, the Waste Management Act 2002 (amended by BGBl. I Nr. 103/2013) and the Landfill Regulation 2008 (amended by BGBl. II Nr. 455/2011) are the national laws that currently transpose the Landfill Directive. The Waste Management Act of 2002 sets out, amongst other things, the conditions which must be achieved before a landfill permit is issued, the control and monitoring procedures required during the operational phase, the adaptation of landfills to state of the art facilities, sanctions, closure, and the aftercare procedures. The Landfill Regulation sets out general and specific definitions on landfill, rules on landfill categories, waste acceptance procedures, criteria and limits, disposal prohibitions, guidelines for the testing of waste, provisions on leachate and landfill gas collection, targets for security services, landfill supervision and aftercare.

Question 1: What laws and regulations currently transpose the Directive into national law (indicating precisely where each provision of the Directive has been transposed)? For those Member States where regional entities have responsibilities to make regional provision on landfill, what such provisions have been made?

Article 18 requires Member States to bring into force the laws, regulations and administrative provisions necessary to comply with this Directive, no later than two years after its entry into force. Member States should communicate the texts of national law which they adopt to the Commission.

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Belgium: In Flanders, the provisions of the Landfill Directive have been transposed in Section 5.2.4 of the Flemish Government Decree of 1st June 1995 (which has been amended several times). This Decree is hereafter referred to as 'VLAREM II'. The transposition of the individual provisions of the Landfill Directive in Belgium were summarised in a detailed table communicated to the Commission in writing on 1st July 2002 (Ref: P11/550-2035). In Wallonia, the Directive has been transposed through the Decree of the Walloon 7th October 2010 Government amending the Decree of the Walloon Government of 27th February 2003 on the sectorial conditions of exploitation of landfills, the Order of the Walloon Government of 18th March 2004 prohibiting the landfill of certain waste, the order of Walloon Government of 4th July 2002 on the procedure and various measures implementing the Decree of 11th March 1999 on the environmental permit and the Order of the Walloon Government of 4th July 2002 establishing the list of projects submitted to impact study. During this reporting period, there have been changes in the implementation status in Wallonia, since it has implemented a new Decree (AGW 11/07/2013) prohibiting the landfilling of certain wastes and laying down the waste acceptance criteria for technical landfill sites amending the Walloon Government Decree of 18th March 2004 prohibiting the landfilling of certain waste and laying down the waste acceptance criteria for technical landfill sites; and the Walloon Government Decree of 27th February 2003 laying down sectoral conditions for the operation of technical landfill sites.

In Bulgaria, the Directive is transposed through the Waste Management Act (ZUO) (State Gazette No. 53 of 13th July 2012) and the following implementing regulations: Regulation No. 7 of 24th August 2004 on requirements for waste treatment facility sites (State Gazette No. 81/2004); Regulation No. 8 of 24th August 2004 on conditions and requirements for the construction and operation of landfills and other facilities and installations for waste disposal and recovery (State Gazette No. 83/2004, amended State Gazette No. 27/2011). New regulations that further implement the Landfill Directive have been passed during this reporting period in Bulgaria. This includes Order No. 6 of 27th August 2013 on the conditions and requirements for the construction and operation of landfills and other facilities and installations for waste disposal and recovery; Order No. RD 156 of 4th March 2015; Order No. RD 647 of 26th August 2014; Regulation on the separate collection of bio-waste, adopted by Council of Ministers Decree No. 275 of 6th December 2013 (SG No. 107 of 13th December 2013) and Regulation on the treatment of bio-waste, adopted by Council of Ministers Decree No. 235 of 15th October 2013 (SG No. 92 of 22nd October 2013).

In Croatia, the Directive is transposed through the Narodne Novine - Official Gazette of the Republic of Croatia – No. 114/15 setting rules on the methods and conditions for landfill of waste, the categories and the operational requirements for waste landfills (No. ); the Act on Sustainable Waste Management (NN No. 94/13), the Waste Management Strategy of the Republic of Croatia (NN No. 130/05), the Act on the Ratification of the Treaty concerning the accession of the Republic of Croatia to the European Union (International treaties Nos: 2, 28.03.2012).

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In Cyprus, the requirements of the Landfill Directive were transposed into national legislation through national Landfill Regulations known as “The Solid and Hazardous Waste Law (Landfills) Regulations 2003” (562/2003 and the amendment 618/2007) and the Ordinance on Waste Acceptance Criteria and Procedures for Landfill 2007 (282/2007). No changes have been made in Cyprus during this reporting period.

The Czech Republic provided a table that specifies how the Directive’s Articles have been transposed into national legislation. The Directive was transposed through Act No. 185/2001 on waste, the Implementing Decree No. 383/2001 which lays down detailed arrangements for managing waste, the Implementing Decree No. 294/2005 which lays down the conditions for depositing waste in landfills and for recovery of waste through its application to land and the amending Implementing Decree No. 383/2001 which lays down further details for managing waste. New regulations that further implement the Landfill Directive have been passed during this reporting period in the Czech Republic. This includes an amendment to Act No. 229/2014 and Implementing Decree No. 321/2014.

Denmark’s response referred to the previous Implementation Questionnaire, where a detailed list of correspondence between the Directive and national legislation was already provided. Order No. 719 of 24th June 2011 on landfill, and Order No. 1049 of 28th August 2013 include the provisions made by the Directive and its subsequent amendments.

In Estonia, the Directive was transposed through sections 16, 34, 341 and 91-94 of the Waste Act12 and the Regulation of the Minister for the Environment 'Requirements for setting up, operating and closing landfills13.

Finland stated that after the previous reporting period (2010-2012), the Finnish legislation on landfills was under revision. However, the 2013-2015 report referred to legislation that was in force at the end of the previous reporting period (December 2012). During the reporting period (2013-2015) Finland revised their national legislation and passed the following Decrees and Decisions: Government Decree on Landfills (331/2013); Environmental Protection Act (527/2014); Environmental Protection Decree (713/2014); Government Decision on Landfills (331/2013).

In France14, the Landfill Directive was transposed into national legislation through Law No. 2005-1319 of 26th October 2005 on various provisions for adaptation to Community law in the field of environment.

In Germany, the Landfill Directive was transposed into the national legislation through the Acts transposing the EIA amending Directive, the IPPC Directive and other EC Directives on environmental protection, as well as by the Landfill Ordinance of 27th April

12 https://www.riigiteataja.ee/akt/130122015012 13 https://www.riigiteataja.ee/akt/119122015003 14 Response provided by the Member State to the Implementation Questionnaire 2007-2009.

https://www.riigiteataja.ee/akt/130122015012

https://www.riigiteataja.ee/akt/119122015003

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2009 (Deponieverordnung – DepV), as amended by Article 2 of the Ordinance of 4th March 2016 (BGBl. I p. 382).

In Greece, the Landfill Directive was transposed into the national legislation through the Joint Ministerial Decision (JMD) 29407/3508/2002 (OJG 1572 B/16.2.2002) "Measures and terms for the Landfill of wastes". Moreover, Council Directive 2011/97/EU, amending Directive 1999/31/EC with regards to specific criteria for the storage of metallic mercury considered as waste, was transposed into national legislation by the Joint Ministerial Decision (JMD) 28745/895/Ε103/02.05.2013 (OJG 1104 B) “Amendment of the specific criteria for the storage of metallic mercury considered as waste”, amending Annexes I, II and III of the abovementioned JMD 29407/3508/2002.

Hungary mentions the following legislation related to the transposition of the Directive: Act No. CLXXXV. of 2012 on Waste; Decree of the Minister for Environment and Water No. 20/2006. (IV. 5.) KvVM on Rules and Criteria of Landfilling and Landfill Site; Act No. CXL. of 2004 on the General Rules of Administrative Official Procedures and Services; Government Decree No. 385/2014. (XII.31.) on the Conditions for the Provision of Public Waste Management Services; Government Decree No. 309/2014. (XII. 11.) on Waste Registration and Reporting Obligations; Government Decree No. 314/2005. (XII.25.) on the Environmental Impact Assessment and the Integrated Permitting Procedure. However, no further details were provided.

In Ireland, the Landfill Directive was transposed into national legislation through the Waste Management (Licensing) Regulations 2004 (Statutory Instrument 395 of 2004). Ireland has passed a new piece of legislation related to the cost of landfilling during this reporting period: the Waste Management (Landfill Levy) (Amendment) Regulations 2013 (Statutory instrument No. 194 of 2013). Details on the transposition of the Directive are summarised into a table within the Implementation Questionnaire.

In Italy,15 the Landfill Directive was transposed into the national legislation through the Legislative Decree No. 36 01/13/2003 (OJ, No. 59 Suppl. Ord. No. 40, 12/03/2003) Implementation of Directive 1999/31/EC on the landfill of waste.

In Latvia, the national laws and regulations transposing the Directive into national law are the following ones: the Waste Management Law (in force since 18th November 2010); the Law on Pollution; Cabinet Regulation No. 1032 of 27th December 2011 regarding the establishment of waste landfills and the management, closure and rehabilitation of waste landfills and dumps; Cabinet Regulation No. 1082 of 30 2002 on the procedures by which polluting activities of category A, B and C are declared and permits for the performance of category A and B polluting activities are issued. No changes have been made in Latvia during this reporting period regarding the implementation of the Directive.

15 Response provided by the Member State to the Implementation Questionnaire 2007-2009.

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Lithuania mentions a large number of regulations relating to the transposition of the Directive from 2004 to 2013. This includes: Order No. D1-332 of the Minister for the Environment of 17th June 2009 amending Order No. 444 of the Minister for the Environment of 18th October 2000 approving the Rules on the establishment, operation, closure and aftercare of landfills (MNE(2010)56181); Order No. D1-510 of the Minister for the Environment of 15th June 2010 amending Order No. 444 of the Minister for the Environment of 18th October 2000 approving the Rules on the establishment, operation, closure and aftercare of landfills (MNE(2010)56182). Lithuania has passed two new pieces of legislation during this reporting period: Government Resolution No. 366 of 16th April 2014 (MNE(2014)5267501) and Law No. XII832 (MNE(2014)5263401).

Luxembourg mentions a series of regulations related to the transposition of the Directive which are detailed below: Grand Ducal Regulation of 24th February 2003 on the landfill of waste; Grand Ducal Regulation of 17th February 2006 amending the Grand Ducal Regulation of 24th February 2003 on the landfill of waste; Grand Ducal Regulation of 22nd May 2008 amending the Grand-Ducal regulation of 24th February 2003 on the landfill of waste; Grand Ducal Regulation of 28th June 2012 supplementing the Annexes I, II, and III to the Grand Ducal regulation of 24th February 2003 on the landfill of waste. No changes have been made in Luxembourg during this reporting period regarding the implementation of the Directive.

In Malta, the Landfill Directive was transposed into the national legislation through the Waste Management (Landfill) Regulations, 2002 (L.N. No. 168 of 2002). It was amended by: Waste Management (Landfill) (Amendment) Regulations, 2002 (L.N. No. 289 of 2002 [LEX-FAOC035211]); Waste Management (Landfill) (Amendment) Regulations, 2007 (L.N. 146 of 2007 [LEX-FAOC071954]); Waste Management (Landfill) (Amendment) Regulations, 2013 (L.N. 150 of 2013 [LEX-FAOC124175]). These Regulations provide rules for the use of landfill sites, and provide additional measures, procedures and guidance to the rules contained in the Waste Management (Permit and Control) Regulations 2002 to prevent and reduce as far as possible the negative effects on the environment.16

In the Netherlands, the following regulations have been drawn up in order to implement the Landfill Directive: the Amendment to the Environmental Management (Facilities and Licensing) Decree (Bulletin of Acts and Decrees 2001, 336); Amendment to the Waste (Landfills and Prohibition of Landfilling) Decree (Bssa), formerly the Waste (Prohibition of Landfilling) Decree (Bulletin of Acts and Decrees 2001, 336); Amendment to the Decree on exemptions from the landfill ban outside facilities (Bulletin of Acts and Decrees 2001, 336); Landfills (Dredging Spoil) Order (Government Gazette 2001, 133); Amendment to the Order implementing the Landfill (Soil Protection) Decree (Usb) (full text in Government Gazette 2002, 53); Amendment to the Landfill (Soil Protection) Decree (Bulletin of Acts and Decrees 2001, 336); Decree amending the Waste (Acceptance at Landfills) Decision (Bulletin of Acts and Decrees 2009, 250); Decree amending: Waste


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(Landfills and Prohibition of Landfilling) Decree; Industrial and Hazardous Waste (Notification) Decree; Environmental Management (Facilities and Licensing) Decree and the Landfill (Soil Protection) Decree; Waste (Acceptance at Landfills) Order (Government Gazette 2009, 10808); Amendment to the Industrial and Hazardous Waste (Notification) Order (Government Gazette 2009, 10817). The implementing decree includes a transposition table showing precisely where each provision has been transposed into Dutch legislation, which was attached with the Netherland’s response. No changes have been reported by the Netherlands regarding this question since the previous reporting period.

In Poland, the Landfill Directive was transposed into national legislation through the Act of 27th July 2001 on waste (Journal of Laws No. 62, item 628). Poland has passed three new pieces of legislation during this reporting period. These are: the Regulation of the Minister for the Economy of 16th July 2015 on accepting waste in landfill; the Regulation of the Minister for the Environment of 30th April 2013 on waste storage and the Regulation of the Minister for the Environment of 8th May 2014 on hydrogeological and geological-engineering documentation. The Polish Implementation Questionnaire includes a list detailing how each Article of the Directive has been transposed into national legislation.

Portugal stated that the responses given to the previous Implementation Questionnaire for the 2007-2009 period still apply. In addition, Decree-Law No. 84/2011 of 20th June 2011, transposing Directive 2006/12/EC of the European Parliament and of the Council of 12th December 2006 on services in the internal market in Portuguese law, amended Decree-Law No. 183/2009 of 10th August 2009 (Landfill Act) by introducing simplified procedures. The following Articles were amended: Article 12 (rules on landfill operating permits), Article 13 (requirements for applying for a permit), Article 24 (financial guarantee) and Article 52 (presentation of documents), and Article 52(a) (one-stop-shop and computer records) was added. Article 13(1)(b), (c) and (g) of the Landfill Act was also repealed. A new piece of regulation was passed by Portugal during the reporting period (2013-2015): Decree Law No. 88/2013 on specific criteria for the storage of metallic mercury considered as waste was published on 9th July 2013.

In Romania, the Landfill Directive was transposed into national legislation through the Governmental Decision 349/2005 on landfill of waste and Ministry Order 757/2004 approving the technical norms on landfill of waste. Romania did not submit a report, and therefore no changes were identified for this reporting period.17

Slovakia referred to a series of regulations related to the transposition of the Directive which were as follows: Act No. 223/2001 on waste and on amendment and supplementation of certain laws as amended (known as the "Waste Act"); Act No. 17/2004 Coll. on fees for waste landfilling as amended; Decree No. 283/2001 Coll. on the implementation of certain provisions of the Waste Act. Two new pieces of regulation

17 Information extracted from the Landfill Directive report for 2010-2012.

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have been passed by Portugal during this reporting period: Act No. 79/2015 Coll. on waste and on amendment of certain acts as amended by Act No. 91/2016 Coll. and Decree No. 372/201 Coll. on waste landfilling and temporary storage of metallic mercury.

Slovenia mentioned a series of legislation related to the transposition of the Directive which are detailed below: Environment Protection Act (OGRS, 39/06 – official consolidated text, 49/06 – ZMetD, 66/06 – Constitutional Court Ruling, 33/07 – ZPNačrt, 57/08 – ZFO-1A, 70/08, 108/09, 48/12, 57/12); Decree on the Landfill of Waste (OGRS, 61/2011); Rules on the Operational Monitoring of Groundwater Pollution (OGRS, 49/2006, 114/2009); Decree on Waste (OGRS, 103/2011); Operational Programme on Waste Management to Reduce the Volume of Biodegradable Waste in Landfills 2009–2013 (OP BIOO), Government of the Republic of Slovenia Decision No. 35402-1/2008/5, 27th March 2008); Operational Programme on Municipal Waste (OP RKO) (Government of the Republic of Slovenia Decision, No. 35402-2/2013/7, 13th March 2013); Decree on the Emission of Substances in the Discharge of Landfill Effluent (OGRS, 62/2008); Decree on the Environmental Tax for Environmental Pollution Caused by Waste Disposal (OGRS, 70/2010); Decree on the Methodology for Forming Prices of Municipal Environmental Protection Services Under a Public Service Obligation (OGRS, 87/2012, 109/2012); Decree on Administrative Authorities within Ministries (OGRS, 58/2003, 45/2004, 86/2004-ZVOP-1, 138/2004, 52/2005, 82/2005, 17/2006, 76/2006, 132/2006, 41/2007, 64/2008 – ZViS-F, 63/2009, 69/2010, 40/2011, 98/2011, 17/2012, 23/2012, 82/2012, 109/2012). Slovenia has passed several pieces of legislation on landfilling during this reporting period. These are: Decree on the Landfill of Waste (UL RS No. 10/14, 54/14 and 36/16); Decree on the Environmental Tax for Environmental Pollution Caused by Waste Disposal (UL RS No. 14/14); Rules on characterisation of waste prior to landfill, characterisation of hazardous waste prior to incineration and compliance testing of waste (UL RS No. 58/16); Rules on groundwater status monitoring (UL RS No. 53/15); Rules on initial measurements and operational monitoring of wastewater (UL RS No. 94/14 and 98/15) and the Operational Programme on Waste Management and on Prevention of Waste in the Republic of Slovenia (Government Decision No. 354021/2016/6 of 30th July 2016).

In Spain, the Landfill Directive was transposed into national law by Royal Decree 1481/2001 of 27th December 2001 regulating waste disposal by landfill, amended by Royal Decree 1304/2009 and, later, by Order AAA/661/2013 of 18th April 2013 amending Annexes I and II to Royal Decree 1481/2001. Order AAA/661/2013 transposes into Spanish law Council Decision 2003/33/EC of 19th December 2003 establishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of and Annex II of the Landfill Directive. This Order establishes a hierarchy of landfill waste control consisting of three levels of complexity (basic characterisation, compliance tests and on-site inspection). It also establishes general landfill waste acceptance criteria and test methods to be used for determining the above variables as well as for taking representative samples. Spain has passed two new pieces of legislation on landfilling during this reporting period. These are: Order AAA/661/2013, which transposes Council Decision 2003/33/EC and Law 5/2013 of 11th June 2013, amending Law 16/2002 of 1st

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July 2002 on the integrated prevention and control of pollution. Spain did not provide information on regional legislation in this question.18

In Sweden, the Landfill Directive was transposed by the Environmental Code (1998:808), the Ordinance (2001:512) on the landfill of waste and the Swedish Environmental Protection Agency's rules (NFS 2004:10) on landfill, criteria and procedures for waste acceptance at waste landfill sites. Other legislation transposing the Directive can be found in the Ordinance (1998:901) on operators' self-inspection and the Agency's rules (NFS 2006:9) on environmental reporting for activities requiring a licence. The amendments of the Landfill Directive by Directive 2011/97/EU have been transposed in Section 43a-h of the Agency's rules (NFS 2004:10) on landfill, criteria and procedures for waste acceptance at waste landfill sites by way of amending regulation NFS 2013:1. Directive 1999/31/EC on the landfill of waste includes provisions on the landfill of gypsum waste. The Commission considered that Sweden had not fully complied with the Directive's requirements that such waste must be able to be sent to landfill. The Agency accordingly amended Section 26 of its rules (NFS 2004:10) by way of NFS 2012:2 and repealed the general guidance on Section 26 of NFS 2006:10. The Agency's rules (NFS 2004:10) were also amended by NFS 2010:4 with regard to sampling standards, etc. A definition of underground storage was also introduced in Section 3b of the Ordinance (2001:512) on the landfill of waste.

The United Kingdom indicated where most of provisions of the Directive have been transposed in England, Wales, Scotland, Northern Ireland and Gibraltar’s legal framework. A brief summary is outlined as follows:

England and Wales: The requirements of the Landfill Directive were originally transposed into national legislation through the Landfill (England and Wales) Regulations 2002 and subsequently amended in 2004 and 2005 to transpose the requirements of Council Decision 2003/33/EC on Waste Acceptance Criteria. The provisions of the Landfill Directive and Council Decision were re-transposed as part of the Environmental Permitting (England and Wales) Regulations 2007. These were then updated and consolidated again in 2010 to constitute the Environmental Permitting (England and Wales) Regulations 2010, which came into force on 6th April 2010. A new piece of legislation has been passed during this reporting period: Environmental Permitting (Amendment) (No. 2) Regulations 2013;

Scotland: Landfill (Scotland) Regulations 2003, Scottish Statutory Instrument 2003 No. 235, as amended by Landfill (Scotland) Amendment Regulations 2003 Scottish Statutory Instrument 2003 No. 343. These Regulations provide for the regulatory regime governing landfills in Scotland. During this reporting period, Scotland passed the Landfill Amendment Regulations 2013 No. 222;

18 It did provide references to regional legislation in later questions regarding specific aspects of the implementation of the Directive.

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Northern Ireland: The Landfill (Amendment) Regulations (Northern Ireland) 2004, Statutory Rule 2004 No. 297. During this reporting period, Northern Ireland has passed the Landfill (Amendment) Regulations 2013, Statutory Rule 2013 No. 161.

Gibraltar: The Landfill Act 2002 transposes the requirements of Directive; and 1999/31/EC and the requirements of Council Decision 2003/33/EC. The Act was further amended in 2011 and 2013.

Conclusion:

All 28 Member States reported to have transposed the Landfill Directive into national legislation, and have provided the Commission with details of the laws and regulations that transpose that serve this purpose.

Only six Member States indicated precisely where each provision of the Directive has been transposed. These were: Czech Republic, Denmark, Ireland, Poland, the Netherlands, and the United Kingdom.

Belgium and the United Kingdom have reported on the detailed provisions made by regional entities with responsibilities for landfills.

17 Member States have reported to have introduced new laws, regulations and amendments concerning the transposition of the Landfill Directive into national legislation during this reporting period.

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2.2 Use of Landfill Gas

All Member States (24) that have submitted Implementation Questionnaires for 2013-2015 reported measures relating to the collection, treatment and use of landfill gas.

Based on the responses provided to the previous Implementation Questionnaires it can be confirmed that France, Italy, Malta and Romania have also taken measures to provide for collection, treatment and use of landfill gas.


In Austria, according to Article 31(1) of the Landfill Ordinance 2008, landfill gas needs to be recovered or treated. Following Article 1(2) Z2 of the AWG 2002, landfill gas has to be recovered provided this is environmentally reasonable and technically feasible to do so. Otherwise, it has to be treated. The national Ministry for the Environment refers to the document “Degasification of landfills” (No. 502) published by the Austrian Water and Waste Management Union as the technical standard for planning and implementing degasification measures.

In Belgium, the use of collected landfill gas is regulated under Article 5.2.4.4.6 (VLAREM II). Belgium reported that sufficient measures have been taken to prevent the uncontrolled accumulation of landfill gas, and minimise the risk of damage. Landfill gas has to be collected, treated or used. The gas collected is preferably used as an energy source. Otherwise, it is burned off in a special gas flare adapted for this purpose.

In Bulgaria, the requirements for biodegradable waste, gas treatment and recovery, investments, and rehabilitation of landfills are defined in Article 22 of Regulation No. 8. If it is uneconomical to recover the landfill gases collected, they must be flared. Existing landfills for municipal waste not complying with Regulation No. 8 have to be closed down as soon as they can be replaced with compliant regional landfills. The rehabilitation plan must include a gas drainage system and gaseous emissions have to be flared. In Bulgaria, even though the collection of landfill gas for energy generation or flaring is mandated by law, a number of non-compliant sites still exist. These are set to

Question 2: Give general information on the use of collected landfill gas to produce energy including the measures to minimise damage to or deterioration of the environment and risk to human health through collection, treatment and use of landfill gas.

Section 4.2 of Annex I to the Directive states that landfill gas should be collected from all landfills receiving biodegradable waste and the landfill gas must be treated and used. If the gas collected cannot be used to produce energy, it must be flared.

Section 4.3 of Annex I to the Directive requires that such collection, treatment and use of landfill gas should be carried out in manner which minimises damage or deterioration to the environment and risk to human health.

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close when alternative, regional sites become operational, but this situation is the same as reported in the previous reporting round. Changes have made during this reporting period regarding collection and use of landfill gas: Article 21 of Regulation No. 6 requires those landfill sites where biodegradable waste is disposed of to collect and treat landfill gases.

In Croatia, Annex I, point 4 of the Rules on the methods and conditions for the landfill of waste, categories and operational requirements for waste landfills (NN No. 114/15) requires a collection system to be established for landfill gas which must be treated and used if landfill gas is generated at the landfill. If the collected landfill gases cannot be used to produce energy, it must be flared or its emission into the air must be prevented by applying other procedures equivalent to flaring. Article 20 requires operators to take measurements as follows:

monthly measuring of the concentrations of CH4, CO2 and O2 in landfill gas during the operational phase and every 6 months after closure; and

measurement of other landfill gases (H2S and H2) to be carried out depending on the composition of the deposited waste or if it is prescribed in the landfill permit.

Measurement must be carried out at representative points for each landfill section and on a representative number of samples. The efficiency of the landfill gas extraction system must be checked on a regular basis. If identical measuring results for landfill gas composition and concentration are repeatedly obtained, the period between two consecutive measurements may be extended but cannot be longer than six months. During the aftercare phase, landfill gas concentrations must be measured every six months.

The operator must immediately notify the competent inspection body of any adverse environmental impacts discovered during control procedures and of the exceedance of limit values mentioned in Annex IV of the national Rules. The operator must draw up an annual report on all control results, and submit it to the competent body which issued the permit.

In Cyprus, the existing landfills (Sanitary and Residual Sanitary) are equipped to collect and use biogas. They also have flaring capabilities. A total of 53 uncontrolled waste disposal landfills were closed. Their rehabilitation works were submitted, which include sealing of landfills and collection of biogas. Studies revealed that in most of the landfills the quantity and quality of biogas does not justify the utilisation of biogas for the production of energy. The two existing landfills have biogas collection and flare (in one of the landfills the flare is not in use due to low biogas quantities). No changes have been reported by Cyprus during the reporting period regarding the collection and use of landfill gas.

In the Czech Republic, Decree No. 294/2005 Coll. referencing the national technical standard 83 8034, lays down the principles for the design, construction, testing and operation of gas installations at surface waste landfills where landfill gas is produced. A gas collection system may be passive (bio-oxidation filters) or active (waste combustion or energy recovery facilities). Landfill gas is collected and used to produce energy mainly

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at landfills where research has established that enough landfill gas is generated to enable a return on the investment involved in building a facility to recover it. Landfill gas is recovered mainly by cogeneration units and electricity is fed into the public distribution network. Emission limits for certain pollutants emitted into the atmosphere are laid down in Government Regulation No. 146/2007. No changes have been reported by the Czech Republic during the reporting period regarding the collection and use of landfill gas.

In Denmark, a general ban on landfilling of biodegradable waste was introduced in January 1997. Therefore, only small amounts of landfill gas are produced. In 2015 there were 63 operating landfills in Denmark. The total amount of landfill gas reported in the previous Questionnaire (2010-2012) was around 16,000-18,000 tonnes of methane (CH4) for 27 operating landfills, however this amount was not updated for this reporting period.

Estonia referred to its response to the Implementation Questionnaire 2004-2006. Since then, systems for the collection of landfill gas have been put in place in all operational landfills for non-hazardous waste (except for one landfill, which mainly receives inert waste). Landfill gas from larger landfills is mainly used either for heating or for electricity generation. On the other hand, in smaller landfills, it is burned in special gas burners without energy recovery. Since Estonian landfills are relatively small, the quantities of gas collected are not substantial (2010: 9.32 million m3 of landfill gas was collected, 6.5% of the total amount of biogas produced in Estonia). During the reporting period the landfilling of municipal waste and biodegradable waste has fallen significantly, representing 13.6% of the amount of municipal waste generated in 2013, 6.5% in 2014 and 7.3% in 2015. The amount of landfill gas generated will continue to fall over the coming years.

In Finland, the biogas produced at landfills must be collected and recovered or incinerated according to the Government Decree on Landfills (331/2013). Details are specified in the environmental permits in accordance to the Environmental Protection Act (527/2014), which prevents harm to human health or damage to the environment (Environmental Protection Act, Chapter 6).

In 2015, there were 45 operating landfill gas pumping stations. This figure has more than tripled since 2000. The volume of recovered biogas was 83 million m3 in 2011, of which approximately 82 % was used for electric and thermal energy production, resulting in 84 GWh of electricity and 193 GWh of thermal energy.

Electricity from biogas is supported by a feed-in tariff, which can be granted to new biogas power plants that have a nominal output of over 100 kW. The target price for the feed-in tariff system is 83.5 €/MWh for a maximum of 12 years (Act on production subsidies for electricity produced with renewable energy sources 1396/2010), which is compatible with other subsidies for energy generation.

In the Åland Islands, there is only one gas producing landfill and those gases are burned out onsite.

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France19 stated that the national environmental protection agency ADEME published a guidance document on the management of biogas (“Biogaz issu de la mise en décharge: comment optimiser son captage”). The landfill gas can be used for the production of electricity, heating, or a fuel for the vehicles operating on the landfill site. The response states that the conditions relating to the sale of landfill gas (Decree of 10th July 2006) and the tariffs were due to be revised.

Germany referred to the information provided in the “First Report of the Federal Government”. Since June 2005, municipal waste containing biodegradable content, and likely to emit gases through landfilling, is pre-treated before disposal via incineration or mechanical-biological treatment. The treated waste that cannot be recovered and therefore needs to be landfilled does not emit any landfill gases. In case landfill gas is produced in landfills which received municipal waste before 2006, such gas is collected and treated and mostly used as energy. Operators do not have to capture landfill gas if they can prove to the authorities that the methane contained in the landfill gas is oxidised as far as possible before being released into the atmosphere.

In Greece, 3 out of the 70 operating landfills use collected gas for energy production while the previous reporting period (2010-2012) reported this for two landfills out of 74. The energy is provided to the Public Power Corporation of Greece. The measures to minimise the negative impacts are defined in Annex I, point 4 to JMD 29407/3508/2002. They comprise engineered controlling and monitoring systems (e.g. checking for possible gaps and torches, use of boilers for biological treatment).

In Hungary, several methods for landfill gas collection exist, which include supplying local gas (after pre-treatment), burning after separation from carbon dioxide with energy recovery and burning without energy recovery.

In Ireland, the Municipal Solid Waste licences issued by the national Environmental Protection Agency (EPA) impose the following requirements with respect to landfill gas management:

the provision and maintenance of gas management infrastructure;

the requirement for all buildings to be constructed in accordance with the Department of Environment 1994 publication “Protection of New Buildings and Occupants from Landfill Gas”;

the utilisation of landfill gas where feasible, otherwise landfill gas must be flared;

the flaring of landfill gas must be in an enclosed flare with a burn chamber residence time of minimum 0.3 seconds and burn temperature of minimum 1000oC. The use of open flares is only acceptable on a temporary basis as an interim measure and with prior EPA agreement;

compliance with specified limit values for emissions from flares and gas utilisation plant; and


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monitoring of landfill gas.

In addition, the EPA has produced a Guidance Note intended for use by holders of EPA licences (licensees) and consultants. The Agency advises licensees to have regard to this guidance when undertaking or outsourcing any work relating to VOC emissions from landfill surfaces.20

The last available response for Italy is from the 2004-2006 period, where it was reported that the measures on the use of landfill gas to produce energy, as well as measures to minimise risks to the environment and human health, are described in Legislative Decree No. 36 of 13th January 2003 (point 2.5 of Annex I).21

In Latvia, pursuant to paragraphs 28 and 29 of Cabinet Regulation No. 1032 of 27th December 2011 regarding the establishment of waste landfills and the management, closure and rehabilitation of waste landfills and waste dumps ('Regulation No. 1032'), landfill-gas collection systems must be designed for all household waste landfills that accept biodegradable waste. Landfill gas must be collected, treated and used in a way that presents no risk to human health or the environment. The collected gas is burned and energy is obtained.

In Lithuania, in all 11 regional non-hazardous waste landfills established in accordance with EU and Lithuanian legislation, and the requirements set out in national legislation, provisions have been set up regarding the collection and use of landfill gas. Precise information on the accumulated volume of biogas produced, the volume of biogas used and the energy generated at each landfill is presented in the 2013-2015 Implementation Questionnaire and has not been included here.

In Luxembourg, landfills accepting municipal waste are equipped with gas collection systems. At the SIDEC landfill the gas is burned and at the SIGRE landfill the gas is used for central heating systems.

In Malta22, two landfills were in operation during the reporting period 2007-2009. Both are designed for non-hazardous and inert waste. The Ta’ Żwejra landfill was due to be closed shortly. At the Ghallis landfill, the collected landfill gas is used to produce energy.

In the Netherlands, the Decree on landfill (Soil Protection) states that the competent authority must make the licence subject to rules (Article 6a) concerning the use of landfill gas. Landfill gas must be collected and processed. Rules on this are contained in the Decree on Landfill (Soil Protection) (Articles 5a and 19). If the landfill gas is burnt off, the licence is made subject to rules concerning the burning installation. Table 2-1 gives an overview of the landfill gas production and extraction over years 2005-2014 at Dutch

20 The Guidance Note may be downloaded from http://www.epa.ie/pubs/advice/air/emissions/surfacevocemissionsmonitoringonlandfillfacilitiesag6.htm l 21 Response provided by the Member State to the Implementation Questionnaire 2004-2006. 22 Response provided by the Member State to the Implementation Questionnaire 2007-2009.

http://www.epa.ie/pubs/advice/air/emissions/surfacevocemissionsmonitoringonlandfillfacilitiesag6.htm

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landfills. Landfill gas use means use for producing energy (e.g. natural gas and electricity).

Table 2-1: Landfill Gas Production and Extraction in the Netherlands, 2005-2014

Quantities of landfill gas (in 106 m3)

2005 2006 2007 2008 2009 2010 2011 2012 2013 2014

Extracted 130 129 129 128 110 102 92 81 71 65

Utilised 98 99 98 95 84 79 70 63 55 49

Burnt off 32 31 31 32 26 22 22 17 15 16

In Poland, the response to the 2004-2006 Questionnaire still applies. It was reported that energy is recovered from landfill gas where possible, otherwise it is flared. Any electricity and heat generated is used for the requirements of the landfills themselves and any surplus is sold to external users. For this reporting period, 82,621.1; 81,414.7 and 74,072.1 GJ of heat were produced in 2013, 2014 and 2015 respectively while 162, 148 and 133 GWh of electricity were also produced in these years.

In Portugal, according to Article 11 and Annex I to the Decree-Law No. 183/2009, the landfill receiving the biodegradable waste must have a gas collection system, drainage and treatment of the biogas. If the biogas captured cannot be used to produce energy, it must be flared. During the operation and closure the biogas must be monitored.

In Romania23, Government Decision No. 349/2005 provides for the management and treatment of landfill gas. According to the provisions of the Decision, the gas is used to produce energy, and where this is not possible, it must be flared. Operational and technical requirements for the construction of gas collection systems and gas treatment and use are also included in the Decision. The relevant environmental permit(s) specify the conditions of the gas collection and the National Environmental Guard checks compliance with the measures and requirements.

In Slovakia, landfill gas must be captured at all landfills where biodegradable waste is landfilled, provided that gas is generated in a technically treatable volume. The technically treatable volume is defined by the Slovak Technical Standard 83 81 08 on landfill gas. Collected gas shall be treated and used for energy production. If this is not possible, the gas must be flared. The collection, treatment and use of gas should be performed by methods that minimise negative impacts on the environment and human health. Landfill gas is captured and incinerated in a cogeneration unit producing by


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means of active degassing systems. According to the 2013-2015 questionnaire, Slovakia has no specific data on the number of landfills that use landfill gas.

In Slovenia, requirements relating to landfill gases are set out in Article 36 of the Decree on the Landfill of Waste (OGRS, 61/2011), whilst those relating to the measurements and calculations of emissions into the atmosphere are given in Section 3 of Annex 7 to that Decree. According to Article 45(6) of the same Decree, operators of IPPC installations must provide an evaluation of the annual amount of greenhouse gas emissions Table 2-2 gives an overview of the landfill gas recovery and electricity generation over years 2010-2015 at Slovenian landfills.

Table 2-2: Landfill Gas Recovery and Electricity Generation in Slovenia, 2010-2015

Year No. of landfills Quantity of CH4 recovered (kg)

Electricity produced from recovered CH4 (kWh)

2010 11 8,327,847 26,928,035

2011 12 7,636,314 25,612,279

2012 12 7,703,050 26,037,158

2013 5 7,727,662 26,638,349

2014 5 8,054,352 21,778,971

2015 4 5,517,476 17,000,000

In Spain, according to the Royal Decree 1481/2001, landfill gas must be collected, treated and used. If the gas collected cannot be used to produce energy, it must at least be flared. In 2014, a total of 33 landfills were using energy from biogas in Spain, producing 409,749,370 kWh/year. The technical viability of energy use is dependent on a number of factors, with the most prominent being the nature and behaviour of the disposed waste, local climate, methane content in extracted biogas and the economic viability of such projects, which in turn depends on the sale price of generated energy. Royal Decree 413/2014 of 6th June 2015, regulating the production of electricity from renewable energy sources, co-generation and waste (Official State Gazette of 10th June 2014) amended the remuneration for the production of electricity from waste, including the previous remuneration for biogas derived from landfills, the latter being reduced on average by 40-50%. Biogas combustion in torches and its use as an energy source are subject to strict parameter controls, including emissions tests, either continuously or on a periodic basis.

In Sweden, during 2015 a total of around 190 GWh of landfill gas was collected at 47 waste facilities, 137 GWh of which was recovered as energy. The energy recovered consisted of 18 GWh in the form of electricity, 118 GWh as heat and 1 GWh as vehicle gas. Gas corresponding to 53 GWh was flared off. Waste is still sent to landfill at 41 of

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the gas extraction facilities. Gas and leachate are still collected even from sites which have been closed down. There is a landfill ban on combustible and organic waste. Its main aim is to reduce emissions of greenhouse gases from landfill sites. Table 2-3 provides data on energy recovered at Swedish landfill sites (MWh) in 2010-2015.

Table 2-3: Energy Recovered in Swedish Landfills, 2010-2015

2010 2011 2012 2013 2014 2015

Energy extracted and utilised (MWh)

262,200 237,400 205,900 193,800 175,300 137,100

Useful energy, which is used as electrical energy (MWh)

20,400 16,000 10,500 12,600 17,600 17,800

Flaring (MWh) 36,600 32,200 49,300 50,800 46,600 53,300

In the United Kingdom paragraph 5(1)(d) of Schedule 10 of the Environmental Permitting (England and Wales) Regulations 2010 implements the requirements on setting conditions in permits. The national Environment Agency has published a suite of technical guidance documents for landfill gas management. Landfill operators are required to provide and review landfill gas management plans annually. Information on the amount of landfill gas collected and burnt in engines and flares (by volume) is reported annually. In Scotland and Northern Ireland, the gas collection is set down in the specific Regulations (in Northern Ireland, Schedule 2, paragraph 4 of the Landfill Regulations (NI) 2003 | in Scotland, Schedule 3, paragraph 4 of the Landfill Regulations (NI) 2003). There are currently six sites in Northern Ireland recovering energy from landfill gas (four operational sites and two closed sites).

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Conclusion:

All (24) reporting Member States reported to have taken measures to provide for the collection, treatment and use of landfill gas in 2013-2015. Many Member States reported that they carry out energy production from landfill gas only when “feasible” or “economical”; otherwise the gas is flared. In several Member States, landfill gas-related measures are often required to obtain an environmental permit for landfill operation. For those countries reporting data series (i.e. the Netherlands, Poland and Sweden), the quantities of landfill gases collected and treated have decreased in the reporting period, except for the gases flared in Sweden which experienced a slight increase.

In the case of France, Italy, Malta and Romania, the information contained in previous responses confirms that measures to provide for collection, treatment and use of landfill gas had already been taken.

There has been little change since the 2010-2012 reporting period. Some Member States have increased their overall number of landfills collecting and treating gas (e.g. Finland had 41 plants in 2012 and 45 in 2015) but others have decreased their number and its energy extraction and use (e.g. The Netherlands and Sweden; the latter mainly because of the ban on landfilling combustible and organic waste).

It is worth drawing attention to the responses of two Member States in particular that have gone further than others with regards to the introduction of measures to minimise damage to the environment and human health in the context of landfill gas. The Czech Republic reported that landfills are classified under three categories with different requirements for the construction of degasification systems and that air quality conditions apply to all types of degasification system. The Environmental Agency of England and Wales, in the United Kingdom, has published technical guidance to set principles for regulating landfill gas management, which include active extraction as early as possible; banning passive venting; maximising extraction efficiencies, and setting of emissions limits and monitoring the emissions from engines, flares and landfill surfaces, and the ambient conditions. In England and Wales landfill operators are required to provide and review annually landfill gas management plans.

Also it is worth noting those Member States that have stricter restrictions on sending biodegradable waste to landfill (e.g. Germany and Austria). Less attention is needed in respect of landfill gas management if the materials producing landfill gas are restricted in the first place. Details about these initiatives can be found in Section 3.4.

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2.3 Minimisation of Nuisances and Hazards

All reporting Member States (24) reported to have incorporated measures for the minimisation of nuisances and hazards. From those, Estonia and Germany only referred to its national legislation without providing any further detail.

Furthermore, based on the responses provided to the previous Implementation it can be confirmed that France, Italy, Malta and Romania also reported that they had incorporated such measures for minimising nuisances and hazards.


In Austria, Article 36(3) of the Landfill Ordinance 2008 sets out relevant provisions. Disadvantageous emissions (e.g. dust, odour), which arise during the incorporation of waste into the landfill. The development of insect, bird or rodent populations is prevented by using specific placement techniques (e.g. by covering).

In Belgium, for the case of Flanders these obligations were included in VLAREM II. Articles 5.2.1.6 and 5.2.1.9 refer to the obligations of the operator in relation to all environmental effects of its activity. They stablish general measures to limit excessive odourousness and dust, aerosols, litter, noise and traffic and to prevent fire risk to all classified installations. In Wallonia, specific provisions are given in order to avoid pests, odour, dust, emitting aerosols, noise, traffic and fires.

In Bulgaria, Article 40(1)(5) and (6) of Regulation No. 8 requires landfill to minimise nuisances and hazards from landfill operation, such as odours, dust noise, traffic etc. It is implemented through regular soil capping, sealing of the operational area of the landfill, and irrigation of the accumulated waste.

In Croatia, Article 14(2) of the Rules on the methods and conditions for the landfill of waste, categories and operational requirements for waste landfills (NN No. 114/15), provides that best available techniques for depositing waste in the landfill body, covering the landfilled waste and other preventive measures, must be used to prevent or minimise nuisances and hazards. Furthermore, Annex I specifies criteria for basic landfill equipment to avoid such nuisances (e.g. use of fences, including sufficient storage space for temporary storage of waste prior to landfilling, etc.).

In Cyprus, the two existing landfills have complete and detailed monitoring systems in order to check, control and minimize any nuisances and hazards described in Annex I, Section 5, which were taken into consideration during the preparation of the

Question 3: Give a general description of the measures provided to minimise nuisances and hazards pursuant to Annex I, Section 5.

Section 5 of Annex I to the Directive defines the measures that shall be taken to minimise nuisances and hazards arising from the landfill through emissions of odours and dust, wind-blown materials, noise and traffic, birds, vermin and insect, formation and aerosols, and fires.

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Environmental Impact Assessment. Along with other information, these measures are included in the terms of the environmental permits.

In the Czech Republic, the appropriate legislation can be found in Sections 4-7 of Implementing Decree No. 383/2001 and Section 3 of Implementing Decree No. 294/2005, making reference to technical standards; CSN 83 8030 Waste Landfilling - Basic conditions for designing and construction can be found in CSN 83 8035 (on landfill closure and recovery) and CSN 83 8036 (on monitoring of landfills).

The standards lay down the basic conditions for monitoring during operation and closure period of landfill, the impact on the surrounding environment, etc. The monitored parameters include emissions of odours and dust, wind dispersion, noise and traffic, the presence of birds, insects and other animals, aerosol generation and fires.

Denmark referred to the previous Questionnaire (2010-2012), according to which in paragraph 12 of Annex 1 to the Landfill Order it is required that applications for environmental approval of all new landfills contain: a description of the measures to reduce nuisances and danger; to prevent the operation of the landfill from giving rise to waste, soil and dust, etc., spreading to roads or giving rise to nuisances in the surrounding environment; to ensure that the landfill does not give rise to noise and traffic congestion; to avoid the formation of aerosols; an action plan (in case of a fire or an explosion at the landfill site) and the environmental approval of the relevant authority. Other relevant regulation includes Section 4 of the Environmental Protection Act (Consolidated Act No. 879 of 26th June 2010), which was in turn replaced by Consolidated Act No. 1189 of 27th September 2016.

Estonia responded that the response to the 2004-2006 Questionnaire still applies without giving further details.

In Finland, it is required that all kinds of hazards, particularly frost heaving-related damages, are prevented. Details are specified in the environmental permit of the landfill, issued in accordance with the Environmental Protection Act (527/2014).

In the Åland Islands the landfill of biodegradable waste was banned on 1st January 2005 in order to reduce nuisances such as odours and the outburst of birds, vermin and insects. Furthermore, the landfill location should not entail any considerable risk for the environment.

In France24, the conditions for reduction of nuisances were established in the reporting period 2001-2003. Since 2006 a development of the bioreactors for biodegradable waste has continued. This technology improves the stabilization of waste, biogas and emissions. The guide FNADE/ADEME (December 2007) “The technological knowledge and recommendations for the storage of non-hazardous waste in bioreactor” was approved by the Commission in 2010 (group TAC Decharge).


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Germany referred to the “First Report of the Federal Government”. Related provisions are included in Article 12(3), No. 3 of the Landfill Ordinance (regarding measurements and controls to be carried out by the landfill site operator) in connection with Annex 5, No. 8 which refers to measures to minimise nuisances and hazards that originate from the landfill site.

In Greece, all landfill sites minimise nuisances and hazards by means of the actions, as follows: prevention of odours and dust by soil covering; waste dispersion by stratification and disposal procedures; controlling birds and insects; controlling gas emissions control through a network of emissions pipes; fire prevention; and controlling noise through vegetal barriers.

In Hungary, nearby areas of landfill sites have to be protected against emissions into the atmosphere (e.g. wind-blown waste, dust, and odours) by taking certain measures, such as landfill cultivation, a water management system, gas collection, protection against birds and rodents, fire prevention, etc.

In Ireland, measures to minimize the nuisances and hazards are laid down in the EPA Municipal Solid Waste licences, which include conditions with respect to minimisation of nuisance and hazards related to vermin, birds, flies, mud, dust and odours. Any method to control nuisance shall not cause environmental pollution or contravene any national statutory protection granted in respect of protected species. Moreover an Accident Prevention Policy should be in place, which will address the hazards on-site, particularly in relation to the prevention of accidents with a possible impact on the environment. This procedure shall be reviewed annually and updated as necessary.

Italy25 reported that they had incorporated such measures for minimising nuisances and hazards, without further details.

In Latvia, measures provided in Regulation No. 1032 of 27th December 2011 require landfills to be separated from the surrounding area by a fence with a minimum height of two metres. All entrances to landfills must have gates or barriers and comply with the provision of vegetal covers where applicable. Landfill operators should prevent, among other issues, the pollution of surface and underground waters, reduce the dispersion of odours and dust, prevent light components of waste being carried off by winds, reduce noise, etc.

In Lithuania, Order No. 444 of 18th October 2000 states that the landfill must be constructed with no risk of pollution to the soil, atmosphere, groundwater, surface water, and human health as a result of emissions of pollutants, odours and dust, wind-blown waste, noise, transport, vermin, aerosol formation and fires. To this end, several measures such as fences and the cleaning up of the wheels of vehicles leaving the site are required. Failure to comply with the requirements laid down in the Rules on the establishment, operation, closure and aftercare of landfills results in fines set in the Code


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of Administrative Infringements of the Republic of Lithuania (Official Gazette, 1990, No. 36-862; 2011, No. 52-2502; 2008, No. 135-5227; 2013, No. 57-2855).

Luxembourg listed several actions such as operating landfills in phases in order to limit the use of land, humidification of roads during dry periods, fencing off landfill sites and implementing fire surveillance systems.

In Malta26, the measures to minimise the nuisances and hazards are complex and cover all necessary areas: technological aspect of the landfill, wind-blown material, noise and traffic, birds, vermin and insects, fires, etc. The conditions are defined in the permit.

In the Netherlands, the competent authority must lay down rules in the licence which include measures to prevent or limit the nuisances and hazards (Subparagraph 1e) of Article 11c) of the Landfills and Landfill Bans (Waste) Decree27 referred to in Annex I Section 5 to the Directive, which refers to the management and minimisation of odours, dust, wind-blown materials, noise and traffic, fires, etc.

Poland referred to the report for the period 2004-2006, which still applies. There, it was reported that criteria for accepting waste at landfills, along with limit values and analytical methods, are described in the Regulation of 7th September 2005 issued by the Minister of the Economy and Labour.

In Portugal, the response given for the 2007-2009 period still applies. There it was reported that the legislation sets down the location of the landfill (Annex 1 to the Decree - Law No. 183/2009), the equipment, facilities and supporting infrastructure (Point 4 of Annex 1 to the DL), minimising the environmental impact (Point 5 of Annex I), closure (paragraph 5 of Annex I) and the access to an operations defence manual, specifically, measures for preventing incidents, accidents and fires (Point 1 in Annex III, Part A to the DL).

In Romania28, the provisions included in section 5 of Annex 1 were transposed by chapter 2.5 of Annex 2 to Government Decision (HG) No. 349/2005. Similar measures can also be found in the technical rules on the landfill of waste. The specific measures applying to an individual landfill are included in the environmental permit/integrated environmental permit. The National Environmental Guard checks compliance with the measures and requirements specified in the environmental permits/integrated environmental permits.

In Slovakia, Section 5 is transposed into Article 32 Paragraphs 1 and 2 of the Decree No. 283/2001 Coll. The examples of the measures to minimise the impacts and hazard are, among others: safe distance of landfill border from residential areas and water resources, closure and re-cultivation of landfills, spraying of landfill surface in order to

26 Response provided by the Member State to the Implementation Questionnaire 2007-2009. 27 Decree of 5 July 2001 amending the LVB and several other decrees in order to implement Directive 1999/31/EC. 28 Response provided by the Member State to the Implementation Questionnaire 2010-2012.

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prevent dust spread and to prevent generation of fire, regular monitoring under the provisions of Annex 13 to Decree No. 283/2001 Coll., fencing pursuant to Section 28(2) of Decree No. 283/2001 Coll., covering by appropriate inert material during solidification to prevent spreading of smell emissions and to avoid waste contact with insects and birds, optimal transport routes for waste transport to the landfill so that excessive noise and smell from the vehicles will be avoided, nets that capture air-borne material and to ensure clean surroundings, an accident plan, eliminating potential sources by employing a suitable technology of waste deposition and compaction, landfill degassing, and keeping fire protection policies.

In Slovenia, under Article 38 of the Decree on the Landfill of Waste (OGRS, 61/2011), all landfill operators must take measures to reduce the spread of odours into the environment and prevent adverse impacts on human health due to emissions of odours, dust, organic and inorganic compounds and aerosols; wind dispersal of light fractions of waste into the environment; noise and the transfer of waste at or on the route to the landfill site; birds, rodents and/or insects; fires caused by spontaneous ignition. Other relevant measures are related to the distance between the site and residential areas (300m), compulsory treatment prior to disposal, or covering the areas already filled up. These measures should be provided in the information contained in the permits.

In Spain, the measures are divided into pre-treatment and preventive measures. Pre-treatment measures include sorting of waste for recovery, biological stabilisation, treatment of leachate, prohibition of the material with a low flash point. Preventive measures include locating the landfill far from living areas, access roads, safety zones, restricting operating times to daylight hours, regular covering of landfill waste (even daily) to minimise the total surface area in use, wind system analysis during the facility location study, etc. All landfills must be fenced, collection of gas, tyre-washing system, pest control, landfill bird repellent systems, etc. The measures are imposed by competent authorities responsible for the environmental authorisation of facilities, particularly under the legislation on integrated prevention and control of pollution following the environmental impact study procedure.

In Sweden, the landfill ban on combustible and organic waste was a useful tool to prevent nuisances and hazards. Moreover, during the permit procedure the operator should demonstrate that the requirements laid down in Section 18 of Ordinance (2001:512) on the landfill of waste have been met and that adequate protective measures will be taken. The location of landfill sites is an important factor in minimising nuisances. Other measures include barriers and fences between the sites and surrounding buildings and housing.

In the United Kingdom the potential impact is evaluated during the permit application stage, within a risk assessment process (England and Wales). Among these impacts emissions of litter, dust, odour, noise, accident prevention, management of landfill gases, controlling birds and vermin are considered. A network of experts is currently addressing best practice regarding odours, which are not easily mitigated. In Wales, a network of experts on landfill regulation meets regularly in order to assess the current situation and spread good practice. In Scotland and Northern Ireland nuisance and

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hazards are prevented through general requirements in turn extended in the permits when necessary.

Conclusion:

All Member States reported to have incorporated measures to minimise nuisances and hazards arising from the landfill through emissions of odours and dust, wind-blown materials, noise and traffic, birds, vermin and insect, formation and aerosols, and fires in 2013-2015. Reported measures mainly included location requirements, treatment of waste before deposit (e.g. biological stabilisation, treatment of leachate, etc.), covering or fencing of landfills, collection of gas and pest control.

Some progress has been made since the 2010-2012 reporting period in terms of reporting the adoption of any new measures to minimise nuisances and hazards. Croatia has submitted the questionnaire for the first time; Bulgaria, which has passed a new regulation (Regulation No. 6 of 27th August 2013) that introduces requirements regarding the minimisation of nuisances and hazards; and Wallonia (Belgium), which has passed a new Decree laying down conditions for the operation of landfills. Denmark and Finland have passed new Environmental Protection Acts that include relevant provisions in relation to operation of landfills.

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2.4 Waste Acceptance Criteria or Lists

All Member States (24) that submitted completed Implementation Questionnaires for 2013-2015 reported to have transposed this requirement for waste acceptance criteria or list into their national law and that the Commission was informed.

Based on the responses provided to earlier reporting periods, it can be confirmed that France, Italy and Romania also reported the use of lists and criteria for waste to be accepted or refused at each landfill class. Malta29, based on the information obtained from its national legislation database, also has such lists and criteria in place.


In Austria, the Landfill Ordinance of 2008, lays down in respective Annexes limit values for all landfill (sub) classes, acceptance lists, provisions on sampling and methods for waste analysis. The Landfill Ordinance 2008 was transmitted to the Commission and received reference MNE (2008) 51118. Requirements for the adaptation of existing landfills to state of the art of the Landfill Ordinance were included in the amendments to the Austrian Waste Management Law (AWG-Novelle Deponien) and send to the Commission under code under No GZ-ÖV-B: 4.12.0.2/7/00.

In Belgium, the requirements of Decision 2003/33/EC regarding the criteria and procedures for the acceptance of waste at landfill sites are included in VLAREM II. In Flanders, the provisions have been adopted under VLAREM II Subdivision 5.2.4.1. The acceptance of waste at the landfill: Article 5.2.4.1.1 to 5.2.4.1.12. The transposition was

29 Mepa.org.mt, (2015). MEPA - Malta Environment & Planning Authority. [online] Available at: http://www.mepa.org.mt/waste-policies [Accessed 2 January 2018].

Question 4: Have lists or criteria been set for waste to be accepted or refused at each landfill class? If yes, have these lists or criteria as well as the limit values and analysis methods been sent to the Commission?

Article 11, the relevant Article to this question defines procedures for the acceptance of waste in landfills according to the specifications in Annex II.

Section 2 of Annex II to the Directive, the relevant section to this question stipulates that waste acceptance at a landfill can be based either on lists of accepted or refused waste, defined by nature and origin, and on waste analysis methods and limit values for the properties of the waste to be accepted. The operator is obliged to check the documentation, visual inspection, provide the written receipt of each delivery and keep the register and to inform about non-acceptance of the waste.

Council Decision of 19 December 2002 establishes criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of and Annex II to Directive 1999/31/EC.

http://www.mepa.org.mt/waste-policies

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transmitted to the Commission on 27th November 2006 (Ref: MNE (2006)57919). In Wallonia, the provision was adopted under the Decree of the Walloon Government of 7th October 2010. During the reporting period (2013-2015). Wallonia has implemented a new Decree (AGW 11/07/2013), prohibiting the landfilling of certain waste and laying down the waste acceptance criteria for technical landfill sites.

In Bulgaria, all relevant criteria were transposed into Bulgarian law through Annex 1 of the Regulation No. 6 of 13th September 2013. It establishes three types of landfills (i.e. those accepting hazardous, non-hazardous and inert waste). Article 6 of this regulation and lays down acceptance criteria for each type of landfill, which are further developed in Order No. RD 156 of 4th March 2015 of the Minister of Environment and Water. The transmission of this information to the Commission was not specified.

In Croatia, the Rules on the methods and conditions for the landfill of waste, categories and operational requirements for waste landfills (NN No. 114/15) established the criteria for waste to be accepted or refused at each landfill class. The Commission was notified through the submission of a table comparing the provisions of the Rules on the methods and conditions for the landfill of waste, categories and operational requirements for waste landfills (NN No 114/15) and the Directive.

In Cyprus, these criteria were incorporated into the Decree 282/2007 which sets the criteria and procedures for the acceptance of waste at landfills, which was sent to the Commission.

In the Czech Republic, all relevant criteria were transposed into the Czech law in Sections 3 and 4 and Annexes 1, 2, 3 and 4 to Implementing Decree No. 294/2005. No further details were provided.

In Denmark, the response referred to the Questionnaire sent for the previous reporting period (2010-2012), where it was reported that the criteria and limit values were set for the types of waste that may be accepted or refused at landfills for inert and hazardous waste and at landfills receiving hazardous waste together with non-hazardous waste (i.e. mineral waste), cf. Annex 3 of the Landfill Order.

Estonia reported no changes since the previous reporting period (2010-2012), where it was reported that the Landfill Regulation passed in 2004 prescribed conditions pursuant to Council Decision 2003/33/EC, establishing criteria and procedures for the acceptance of waste at landfills. Estonia reported not to have developed any further criteria, limit values or analysis methods besides those included in the EU legislation. The text of the regulation was sent to the European Commission.

In Finland, landfills are divided into three categories in line with the Directive: landfills for inert non-hazardous waste, for non-hazardous waste and for hazardous waste. The classification of waste as hazardous is in line with the Waste Directive (2008/98/EC). The EC list of wastes (Commission Decision 2014/955/EU) has been implemented in Finland through Annex 4 of the Government Decree on Wastes (179/2012, as amended by 86/2015), which has been notified to the Commission.

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In the Åland Islands there are no national lists or criteria for accepting waste to landfills. The Regulation for the Landfill of Waste (ÅFS 2007:3), paragraph 20, refers to the criteria set in Annex II of the Directive.

France30 outlined the criteria and procedures for admitting waste to landfills in the texts transposing Council Decision 2003/33/EC, but no further details were submitted.

In Germany, related provisions are now included in Articles 6-8, 14 and 15 in connection to Annex 3 to the Landfill Ordinance. It is noted that the information submitted in the “First Federal Government Report” still applies.

In Greece, most landfill sites are for municipal (i.e. non-hazardous) waste, so according to Article 2(2) of the Annex to the Decision 2003/33/EC, municipal waste can be accepted without testing in the municipal landfill sites. For the rest of landfills, the environmental permit sets the waste acceptance criteria.

In Hungary, the Ministerial Decree No. 20/2006 (IV. 5.) KvVM contains the terms of reception of wastes acceptable in the individual classes of landfills. Annex 2 contains the same criteria and analysis methods as the Council Decision No. 2003/33/EC. The landfill permit include the types of waste accepted, as authorised by the Environmental Inspectorate.

In Ireland, Article 50 of Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004) set out the categories of waste accepted at different classes of landfill.

In Italy31, criteria for the acceptance of landfill waste were implemented into the national legislation through the Ministerial Decree of 3rd August 2005. The Ministerial Decree of 3rd August 2005 established the criteria and the procedures for the acceptance of landfills on the basis of leaching of waste.

In Latvia, the criteria for acceptance was transposed to Regulation No. 1032 (Council Decision of 19th December 2002); establishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of and Annex II to Directive 1999/31/EC.

In Lithuania, criteria and limit values for waste to be accepted at landfills were set out in the Rules on the establishment, operation, closure and aftercare of landfills approved by Order No. 444 of the Lithuanian Minister for the Environment of 18th October 2000. Lists of waste acceptable at landfills are included in integrated pollution prevention and control permits for landfills and technical regulations on waste use and disposal. The analysis methods were set out in Order No. D1-305 of the Lithuanian Minister for the Environment of 16th June 2005 on the application of methods used for waste testing and analysis. These two documents were submitted to the Commission.

30 Response provided by the Member State to the Implementation Questionnaire 2004-2006. 31 Response provided by the Member State to the Implementation Questionnaire 2004-2006.

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In Luxembourg, criteria and procedures for the acceptance of waste at landfills were laid down in Annex II to the amended Grand-Ducal Regulation of 24th February 2003 on the landfill of waste.

In Malta32, based on the information obtained from Malta’s legislation database, the waste acceptance criteria have been implemented as a requirement of the IPPC permit.

In the Netherlands, Article 1 of the Waste (Landfills and Prohibition of Landfill) Decree lists the types of waste banned from landfill and stipulates the related conditions. The relevant documents were sent to the Commission.

For Poland the criteria for accepting waste at landfills, as well as the limit values and analytical methods, were those set out in Regulation of the Minister for the Economy and Labour of 7th September 2005 on the criteria and procedures for accepting waste in specific types of landfill (Journal of Laws No 186, item 1553, as amended), which was notified to the Commission. Moreover, Regulation of the Minister for the Economy of 16th July 2015 on accepting waste in landfills (Journal of Laws 2015, item 1277) in place since 16th September 2015 was not notified to the Commission since it does not introduce any changes with respect to the previous one. No details on the criteria or lists were provided.

In Portugal, the response to the 2007-2009 Questionnaire still applies. That response stated that the criteria were incorporated. The admissibility for various classes of waste (Article 35 and Part A of Annex IV to the Decree-Law No. 183/2009) requires the characterisation of waste by the waste producer, the establishing of compliance by the producer or owner no later than one year after basic characterisation of waste and repeated at least once a year, and finally the on-site verification by the operator. The leaching limits for different classes of landfills are defined in Article 34 and Part B in Annex IV to the DL. The maximum limit for leaching for all landfill classes is the L/S ratio of 10 l/kg.

In Romania33, the Waste Acceptance Decision was transposed into the national legislation by means of Order No. 95/2005 that establishes the national list of accepted waste for each landfill class. The environmental permits/integrated environmental permits contain the list of accepted waste for each landfill. The National Environmental Guard checks compliance with the measures and requirements specified in the environmental permits/integrated environmental permits.34

In Slovakia, the criteria were defined in Article 32 Paragraphs 4 – 7 of the Decree No. 283/2001 Coll., in the Annex No. 11b to the Decree No. 283/2001 Coll. and in further legislation. The limit values are only estimated for non-hazardous waste landfills whereas the limit values for the other landfill categories will be determined in a new

32 Mepa.org.mt, (2015). MEPA - Malta Environment & Planning Authority. [online] Available at: http://www.mepa.org.mt/waste-policies [Accessed 2 January 2018]. 33 Response provided by the Member State to the Implementation Questionnaire 2007-2009. 34 National legislation (Order 35/2005).


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decree to the Waste Act. A list of waste types accepted at the landfill is defined in the permit for landfilling. The permits are considered on a case-by-case basis.

In Slovenia, the criteria for acceptance were incorporated into national legislation. The classification of waste is based on waste composition, it is identified using a six-figure number and the hazardous waste is indicated. Disposal of waste in certain types of landfill (inert, non-hazardous or hazardous waste) is permitted only if the waste has been assessed in accordance with Article 11 of the Decree on the landfill of waste. Article 6 of the Decree on the landfill of waste identifies which types of waste can be deposited at individual types of landfill; Article 9 stipulates prohibitions on the disposal of waste. Articles 39 and 40 specify what information must be submitted in an application for an environmental permit to operate a landfill.

In Spain, the list of wastes and acceptance criteria to landfill sites is set on a case-by-case basis for each facility at the time of its authorisation, by referring to the European Waste Catalogue and establishing acceptance criteria and the leaching limit values. Since the Waste Acceptance Decision 2003/33/EC entered into force, the criteria have been included in the authorisations granted by the regional authorities. Catalonia, the Basque Country and Galicia have their own regulations developing aspects of the Waste Acceptance Decision. During the reporting period (2013-2015) two new pieces of legislation were passed by the Spanish government that affect this matter: Order AAA/661/2013, which transposes Council Decision 2003/33/EC, and Law 5/2013 of 11th June 2013, amending Law 16/2002 of 1st July 2002 on the integrated prevention and control of pollution.

In Sweden, the Waste Acceptance Decision was transposed into the national legislation as the Environmental Protection Agency's regulations (2004:10) on landfill, criteria and procedures for waste acceptance at waste landfill sites. Criteria and limit values exist for the various classes of landfill. When non-hazardous waste is disposed of in landfills for this type of waste (i.e. not mixed with hazardous or gypsum waste) there are not specific reception criteria, although the rest of requirements laid down in Section 16 of the Landfill Ordinance should still be carried out. Exemptions to testing for stable, non-reactive asbestos waste in hazardous waste are set out under Section 12.

In the United Kingdom, the criteria were transposed, and the Commission was notified.

Conclusion:

All Member States have reported, either in the Implementation Questionnaires 2013-2015 or in previous questionnaires, that they have set lists or criteria for waste to be accepted or refused at each landfill class and that they have been communicating these to the Commission.

No significant changes have occurred in comparison to the 2010-2012 period. Several regulatory improvements have been reported during this period for the cases of Wallonia (Belgium), Bulgaria, Croatia, Finland, Poland, and Spain.

From all reported practices, the following are worth highlighting:

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- In Wallonia (Belgium), by defining further categories of non-hazardous waste, landfills are able to better manage their waste volumes within landfill sites.

- In Slovenia, keeping electronic records of waste operations and assessments improves the closure and aftercare process, preventing environmental impacts.

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2.5 Collection of Meteorological Data

20 of the 24 Member States that submitted completed Implementation Questionnaires in 2013-2015 reported to have implemented mechanisms for the collection and reporting of meteorological data related to landfills.

Information related to mechanisms for the collection and reporting of meteorological data related to landfills for Denmark, Estonia, France, Italy, Malta, Poland, Portugal and Romania can be found in their responses to previous Implementation Questionnaires, given they did not submit completed questionnaires for this reporting period. In the case of Germany, there is no new information that the one provided in the previous questionnaires, which referred to the First Report of the Federal Government.


In Austria, the Landfill Ordinance 2008 defined which meteorological data should be collected at every landfill site. It includes precipitation, air temperature, wind direction and speed, evaporation and air humidity in order to prepare a water balance for the landfill body. The use of data from the nearest meteorological station is allowed. No information on the frequency of data collection was provided.

In Belgium, Article 61 of AGW 27.02.03 for Wallonia refers to the minimum requirements in terms of meteorological measurements at landfills where biodegradable waste is disposed of, which include: wind, pressure, temperature, precipitation. The rest of the specifics (e.g. frequency) are laid down case by case. In Flanders, these requirements are laid down in in Article 5.2.4.6.2 of VLAREM II. Relevant variables are recorded (e.g. temperature, precipitation, wind, evaporation, humidity) differently according to the operational phase of the landfill (in operation or aftercare).

In Bulgaria, the landfill operators use the data from the nearest hydro meteorological services.

In Croatia, Annex IV, point 1 of the Rules on the methods and conditions for the landfill of waste, categories and operational requirements for waste landfills (NN No 114/15) requires the volume of precipitation, temperature, direction and force of wind, atmosphere humidity and evaporation on a daily basis. During the aftercare phase, these measurements must be carried out once a month over 5 years. Meteorological

Question 5: Supply information on the collection method for meteorological data as referred to in Annex III, Section 2.

Section 2 of Annex III lays down the obligation to supply data on the collection method for meteorological data as part of the Member States’ reporting obligation under Article 15. Member States may decide the methods for data collection (in situ, national metrological network, etc.). The frequency of the monitoring is set up for both the operation and aftercare phase.

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parameters can be collected from the nearest station of the national meteorological network.

In Cyprus, the collection of meteorological data is done through onsite meteorological stations, measuring those variables laid down in Annex III, Section 2 of the Directive.

In the Czech Republic, this point is regulated within Annex 1 to Implementing Decree No. 383/2001 and Section 3 of Implementing Decree No. 294/2005 - reference to CSN 83 8030 Landfilling of Waste - Basic conditions for designing and construction. The methods for collection of the meteorological data are covered by Act No. 76/2002 on integrated pollution prevention and control (IPPC). Besides national legislation, no further details were attached.

Denmark referred to the Questionnaire provided for the previous reporting period (2010-2012), which indicated that paragraph 5 of Annex 2 to the Landfill Order (No. 252 of 31st March 2009) describes the methods for gathering meteorological data, though no details were specified.

Estonia reported no amendments to the response provided for the period 2010-2012, which in turn referred to the questionnaire for the period 2004-2006. In that response, it was reported that meteorological data is collected by the observation network of the Estonian Meteorological and Hydrological Institute, which includes 22 weather stations, 3 hydrological stations and 51 observation stations. Of these, 23 are automated weather stations taking continuous records. All the indicators required under point 2 of Annex III to the Directive are reported to be measured, i.e. volume of precipitation, temperature, wind direction and force, evaporation, atmospheric humidity. In the 2010-2012 questionnaire it was noted that the network had grown and improved its quality.

In Finland, there is not a general meteorological data collection method. Instead, it is defined on a case-by-case basis and set within the landfill’s environmental permit. Finland’s climate makes meteorological data collection less relevant than in other Member States since both the volume of precipitation and the evaporation rate are low. Plus, the existing national meteorological network is dense and utilized where necessary. The same applies to the Åland Islands, where meteorological data from the nearest meteorological station is used, unless onsite data collection is undertaken.

France35 had no new information to provide since the 2004-2006 reporting period. A list containing the data for the calculation of the hydric balance of the installation (rainfall, temperature, humidity, direction of the wind, etc.) was established. In some specific cases, the volume of lixiviate from waste must be declared (Decree of 19th January 1997).

In Germany, there is no new information in addition to the First Report of the Federal Government. In § 12 i. V. m. Annex 5 Nos. 3.1 and 3.2 DepV, it is stated that the required data will be collected on site or taken from comparable stations in the area.


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In Greece, data collection is either carried out onsite or taken from the closest Meteorological Station of the National Network.

In Hungary, the landfill operators have the obligation to report the meteorological data, which can be supplied by the National Meteorological Network. The data should include the parameters defined by the Section 2, Annex III (wind speed, volume of precipitation, air temperature, atmospheric pressure, humidity, evaporation).

In Ireland, the methods and the minimum collection requirements for meteorological data were set out in the Landfill Monitoring Manual, 2nd Edition, published by the Environmental Protection Agency (2003). Meteorological data can be collected from an in-situ weather station at the landfill site, a nearby meteorological station or a combination of both.

In Italy36, landfills must be equipped with a meteorological data collection station, as reported by Point 5.6 of Annex 2 to Legislative Decree No. 36 of 13th January 2003.

In Latvia, data from the nearest meteorological station is used to calculate the volume of leachate through water balances. Information on the frequency of data collection was not provided. The 2007-2009 response described in more detail the procedures for water sampling (Regulation No 474 (Annex 4).

In Lithuania, a system for collection of meteorological data is included in the Rules on the establishment, operation, closure and aftercare of landfills approved by Order No. 444 of the Lithuanian Minister for the Environment of 18th October 2000. The landfill operator collects the meteorological data referred to in Appendix I of the aforementioned Rules from the meteorological station closest to the landfill. Quarterly data are provided to the landfill operator by the Lithuanian Hydro-meteorological Service at the operator’s written request. This data serves as an estimate of the quantity of leachate generated at the landfill. Data should be stored by the landfill operator for a period set in the Law on Waste Management.

In Luxembourg, the collection of the meteorological data is either carried out at the landfill site or taken from the nearest national meteorological station or local station (monitored every three months) depending on the size of the site. No detail was provided on which data is collected.

Malta’s37 legislation states that the monitoring regime includes monitoring of meteorological conditions, leachate, ground and surface waters and air quality as required in Annex III, Section 3.38 The frequency and methods for the analysis are set up and conducted according to the IPPC permit. Some of these parameters are monitored continuously, weekly or on a quarterly basis.

36 Response provided by the Member State to the Implementation Questionnaire 2004-2006. 37 Response provided by the Member State to the Implementation Questionnaire 2004-2006. 38 Mepa.org.mt, (2015). MEPA - Malta Environment & Planning Authority. [online] Available at: http://www.mepa.org.mt/waste-policies [Accessed 2 January 2018].


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The Netherlands reported that water balances are not considered as a useful instrument, without providing any further information.

Poland’s report referred to the information provided for the 2004-2006 period. There, it was reported that meteorological data are collected from measurements taken either at the landfill site or at a meteorological station that is representative of the location of the landfill site. The most frequent measurements taken at landfill sites are precipitation and temperature. The measurements of the rest of parameters are carried out at meteorological stations.

Portugal referred to its response for the period 2007-2009. There, it was reported that monitoring and control measures are defined in Annex III to the Decree-Law No. 183/2009 which specifies the monitoring of leachate, surface water, potential gas emissions and underground water in both operational and closure phases, the manual operation and also the annual reports, permits and duty to keep the data records.

In Romania39, the provisions included in section 2 of Annex III were transposed by chapter 2.1 (‘Meteorological Data’) of Annex 4 to Government Decision (HG) No. 349/2005. The data are collected at the closest meteorological station or by direct onsite monitoring. Each environmental permit/integrated environmental permit contains provisions on the collection of meteorological data (as part of the self-monitoring system). The National Environmental Guard checks compliance with the measures and requirements specified in the environmental permits/integrated environmental permits.

In Slovakia, the meteorological data can be collected from the meteorological station at the landfill or from the nearest meteorological station (network of the Slovak Hydro-meteorological Institute). The meteorological data are collected and evaluated only in specific cases, for example for calculating landfill water balances (Annex No. 13 to the Decree No. 283/2001 Coll.). All data set out in Annex III are recorded: volume of precipitation, temperature, direction and force of prevailing wind, evaporation, atmospheric humidity at 14:00 and others.

In Slovenia, in accordance with Article 46 of the Decree on the landfill of waste (OGRS, 61/2011), the operator is obliged to ensure the measurements of meteorological parameters and to the extent specified in Annex 7 to the Decree. The measurements of meteorological parameters include measurements of rainfall, air temperature, wind speed and direction, humidity and evaporation.

In Spain, Royal Decree 1481/2001 lays down the methods for the meteorological data collection. The methods must be established by the competent authorities appointed by the Autonomous Communities where the landfill is located. Large landfills (generally landfills for both non-hazardous and hazardous waste) usually have their own weather station unless there is an official national or regional station nearby. Catalonia and Galicia have specific requirements on meteorological control in their environmental


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monitoring and control regulations. The monitoring scheme typically matches with Annex III.2 of the Directive.

In Sweden, the rules on providing the meteorological data are set down in Section 42(a) of the Swedish Environmental Protection Agency's regulations (2004:10) on landfill, criteria and procedures for waste acceptance at waste landfill sites. The data on rainfall and evaporation at the landfill must be collected and recorded. The meteorological data can be obtained from the landfill site or from SMHI (the Swedish Meteorological and Hydrological Institute) or another party providing data of the same level of quality. The meteorological data are mainly obtained from SMHI, although some landfill sites take measurements themselves.

United Kingdom: In England, the operator should establish a monitoring plan covering the provisions of Annex III of the Directive. The meteorological data can be obtained from the landfill station or from the meteorological station. These data are analysed and used to calculate the water balance supporting leachate management. Further guidance is provided by the Environment Agency. In Scotland data are collected from the national meteorological network whereas in Northern Ireland larger landfills usually have their own stations.

Conclusion:

All Member States reported on the collection method for meteorological data related to landfills in 2013-2015 or in the previous reporting periods. Some Member States provide little information on the type of data collected and the frequency of collection.

The vast majority of Member States reported that they allow for the use of data collected from the nearest meteorological station when it is not possible to obtain data from the landfill site. In Finland, the requirements for the collection of meteorological data has not been defined by legislation, but set in the environmental permit on case-by-case basis. The Netherlands indicated that water balances are not considered to be a useful instrument.

From all reported practices, it is worth highlighting as example of good practice in the United Kingdom, where the operator is required to have a meteorological monitoring plan as part of the permit application. This plan covers all of the meteorological data stated within Annex III of the Landfill Directive. The operator specifies whether data is obtained from a meteorological station or collected from onsite monitoring.

Almost no changes have been reported since the 2010-2012 reporting period in terms of collection methods for meteorological data.

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2.6 Monitoring Leachate, Surface Water, Gas Emissions and Atmospheric Pressure

All reporting Member States (24) have reported to have included provisions for monitoring of leachate, surface water, gas emissions and atmospheric pressure in their national legislation. Denmark, Estonia, Poland, and Portugal replied by referring to their responses in previous implementation questionnaires.

As for the four Member States that did not submit the Implementation Questionnaire 2013-2015, based on the responses provided to the previous Implementation Questionnaires, it can be confirmed that France, Italy and Romania had also a system in place for monitoring of leachate, surface water and potential gas emission and atmospheric pressure in their national law. When reviewing Malta’s official legislation database, it can be confirmed that it has also reported that it has a system in place for such purpose.


In Austria, the Landfill Ordinance 2008 defined monitoring measures, which include position, number and testing of sensors in the groundwater, quantification and analysis of leachate, collection and monitoring of uncontaminated waters, water quality of receiving water courses and measurements of parameters relevant to landfill degasification.

Belgium established methods of measuring, control, sampling and monitoring adopted in VLAREM II, Article 5.2.4.6.2. Samples of leachate and surface water must be collected at representative points. Sampling and measuring (volume and composition) of leachate must be performed separately at each point at which leachate is discharged from the site. Monitoring of any surface water present shall be carried out at not less than two points, one upstream from the landfill and one downstream. Gas monitoring must be representative for each section of the landfill. During the reporting period (2013-2015), Wallonia has implemented a new Decree (AGW 11/07/2013), prohibiting the landfilling of certain waste and laying down the waste acceptance criteria for technical landfill sites and a Decree laying down sectoral conditions for the operation of technical landfill sites.

In Bulgaria, according to Annex No. 3 to Regulation No. 6, the monitoring of the following variables is required: upstream and downstream level and composition of groundwater; volume and composition of leachate if landfill leachate is collected; and

Question 6: Give a short description of the general system for the monitoring of leachate, surface water and potential gas emissions and atmospheric pressure as referred to in Annex III, Section 3.

Section 3 of Annex 3 to the Directive defines requirements and sampling frequencies for monitoring surface water, leachate, gas emissions and atmospheric pressure.

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potential gas emissions and atmospheric pressure (at those landfills where biodegradable waste disposal is involved).

In Croatia, several parameter related to leachate (e.g. volume and composition, conductivity, etc.) are measured quarterly during the operational phase and twice a year during aftercare. The specifics were set according to water and environmental regulation. Sampling procedures are described according to the standard HRN EN ISO 5667-1:2008 Water quality - Sampling - Part 1: Guidance on the design of sampling programmes and sampling techniques (ISO 5667-1:2006; EN ISO 5667- 1:2006+AC:2007). Surface water is monitored upstream and downstream (e.g. physical and chemical parameters, chemical condition parameters, pollutants) according to Annex IV, point 3 of the Rules on the methods and conditions for the landfill of waste, categories and operational requirements for waste landfills (NN No. 114/15). Measurements should be taken quarterly during the operational phase and every six months during aftercare.

In Cyprus, upstream and downstream surface and groundwater are monitored. Gases are measured onsite and in near locations.

In the Czech Republic, this point is regulated within Annex 1 to Implementing Decree No. 383/2001 and Section 3 of Implementing Decree No. 294/2005 - reference to CSN 83 8030 Waste Landfilling - Basic conditions for designing and construction. The methods for collection of the meteorological data are covered by Act No. 76/2002 on integrated pollution prevention and control (IPPC). The Czech Republic only referenced its national legislation. No further details were provided.

Denmark’s response referred to the response given in the previous reporting period (2010-2012). According to this response, the monitoring requirements for leachate, surface waters and gases are different at each type of landfill. Paragraph 7 of Annex 2 to the Landfill Order requires that inert waste landfills measure gas emissions only. Paragraph 8 of Annex 2 requires the monitoring of atmospheric pressure and the CH4 (methane), CO2 (carbon dioxide), O2 (oxygen), H2S (hydrogen sulphide) and H2 (hydrogen) content of landfill gas, at landfills for hazardous receiving biodegradable waste and landfills for mixed waste (i.e. including hazardous waste). The monitoring should be carried out monthly during the operational phase and every six months during the aftercare.

Estonia reported that the response for the 2010-2012 questionnaire still applies. That response pointed that monitoring details are specified in the landfill permits or integrated environmental permits of both operating and aftercare landfills. Data are submitted to the State Environment Agency, where they are registered and analysed so that changes to the permit are considered.

In Finland, the provisions concerning the monitoring system for leachate, surface water and gas emissions have been set in Chapter 7 of the Government Decree on Landfills (331/2013). Section 41 requires the establishment of an ex-ante base-line survey. This survey has to include the evaluation of surface water and groundwater conditions at the site, as well as the gas formation and the state of waste decomposition at the landfill area already in use. During the operational and aftercare phases, monitoring

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requirements are set in Sections 43-46, and include gas emissions, leachate, surface water and ground water, which are further specified in the environmental permit of the landfill (Environmental Protection Act, Section 62). Additionally, landfill operators should implement a surveillance program focused on the waste acceptance to the landfill, surface water, ground water and landfill gas in the area (Waste Act 646/2011, Section 120; Government Decree on Waste 179/2012, Section 25; Government Decision on Landfills Section 47).

In the Åland Islands, the operator should monitor gas emissions, groundwater, leachate and surface water according to the environmental permit and send the information to eh authorities.

France40 has not reported any new information since the 2004-2006 reporting period. There, it was stated that a list containing the data for the calculation of the hydric balance of the installation (rainfall, temperature, humidity, direction of the wind, etc.) had been established and that in some specific cases, the volume of lixiviate from waste must be declared (Decree of 19th January 1997).

Germany reported that there is no new information besides that included in the First Report of the Federal Government. Moreover, the legislative provisions can be found in § 12 in conjunction with Annex 5 points 3.2, 6 and 7 DepV.

In Greece, monitoring requirements are laid down in the environmental permits, which often include: the monitoring of leachate (volume once a month, composition quarterly, composition and volume twice a year during aftercare) as compared to benchmark values taken before landfill operation; the monitoring of volume and composition of surface upstream and downstream water; and gas emissions, including CH4, CO2, O, Total Cl, Total S, N, benzene, and chloro-ethane.

In Hungary, the monitoring scheme is defined in the environmental permit. Leachate samples (volume, composition, etc.) are taken at each drainage spot. Surface water should be carried out upstream and downstream. Gas emissions should be monitored so representative samples of are taken. The frequency of the monitoring activates varies according to the landfill phase (operational, aftercare) and the variables measured, ranging from daily (gas emissions in operational phase) to every six months (all variables during aftercare).

In Ireland, the monitoring requirements are reported to be set out in the Landfill Monitoring Manual, 2nd Edition, published by the Environmental Protection Agency (2003), however no details were provided.

In Italy41, the system for monitoring leachate, surface water and gas emissions was described in points 5.3 (referred to sampling and monitoring of leachate and surface


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water) and 5.4 (referred to monitoring gaseous emissions and air quality) of Annex 2 to Legislative Decree No. 36.

In Latvia, contamination of the surface waters within the landfill’s buffer zone should be monitored at least at two sampling sites (upstream and downstream of the landfill). Groundwater pollution is monitored through a network of boreholes within the landfill’s or tip’s buffer zone. At least one bore for sampling groundwater must be set up where groundwater flows in the direction of the landfill or tip, and at least two where groundwater flows away from the landfill or tip. If existing data and the hydrogeological situation at the site suggest the possibility of pollution of artesian waters, at least one deep bore should be drilled for monitoring. Annex 5 to Regulation No. 1032 lays down the parameters for monitoring environmental conditions in landfills or tips and their vicinities, as well as requirements for the parameters to be determined by chemical analysis.

In Lithuania, according to the Rules on the establishment, operation, closure and aftercare of landfills approved by Order No. 444 of the Lithuanian Minister for the Environment of 18th October 2000, landfill operators should conduct the monitoring of several parameters, concluding leachate (at each drainage point), gas emissions (at each cell) and surface water (upstream and downstream). The frequency of leachate, surface water and landfill gas sampling and analysis is set out in the Appendix to the Rules including monthly and quarterly measurements during operational phase and two analyses per year during aftercare.

In Luxembourg, there is a sampling and analysis programme for leaching waters, groundwater and surface water in the immediate vicinity of landfills, which is undertaken quarterly.

Malta’s legislation42 states that the monitoring regime includes monitoring of meteorological conditions, leachate, ground and surface waters and air quality as required in Annex III, Section 3. The frequency and methods for the analysis are set up and conducted according to the IPPC permit. Some of these parameters are monitored continuously, weekly or on a quarterly basis.43

The Netherlands the composition of the surface water is to be determined every three months in at least two locations to be specified by the relevant authority, one upstream and one downstream (Article 8a of the Landfill (Soil Protection) Decree). The sampling frequency for leachate and groundwater is one to three times a year, depending on the groundwater’s rate of flow. Samples are analysed to determine acidity, electrical conductivity, chemical oxygen consumption, mineral oil, volatile organic halogenated hydrocarbons (VOX), chloride and Kjeldahl-N or ammonia (NH3) (Order implementing the Landfill (Soil Protection) Decree). Representative quantities of leachate have to be

42 Mepa.org.mt, (2015). MEPA - Malta Environment & Planning Authority. [online] Available at: http://www.mepa.org.mt/waste-policies [Accessed 2 January 2018]. 43 Response provided by the Member State to the Implementation Questionnaire 2004-2006.


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determined monthly at representative locations. Leachate sampling is to take place separately at each discharge spot. Regarding gases, the measurements, the composition and the atmospheric pressure must be representative of the entire landfill, including CH4, CO2 and O2 measured every six months. The efficiency of the gas collection system must also be monitored.

In Poland, the response to the 2004-2006 period still applies, which stated the following. Flows and composition of surface water are measured in at least two places (one above the landfill, the second below). These measurements are taken once during the preparation phase, every 3 months during the operational phase, and every 6 months during the aftercare phase. Flows and composition of leachate are measured monthly in each place it collects, prior to its purification. If the site has a water purification installation, measurements of the composition of purified water are taken at every point the purified water is discharged in order to check the effectiveness of the purification process. Flows of leachate are measured every month during the operational phase and every 6 months during the aftercare phase. Leachate composition is analysed every 3 months during the operational phase and every 6 months during the aftercare phase. Measurements of landfill gas are taken at appropriate locations in the landfill site, which are set in the instructions for the use of the landfill, in locations where it collects before the intake of the installation for gas purification and use or its safe disposal. Emission levels and gas composition are measured every month during the operational phase and every 6 months during the aftercare phase. Measurements of atmospheric pressure are not required by Polish regulations, but many organisations that run landfill sites take atmospheric pressure measurements as part of measuring emission volumes.

In Portugal the response to the 2007-2009 Questionnaire still applies. It was reported that monitoring and control measures are defined in Annex III to the Decree-Law No. 183/2009 which specifies the monitoring of leachate, surface water, potential gas emissions and underground water in both operational and closure phases, the manual operation and also the annual reports, permits and duty to keep the data records.44

In Romania45, requirements for such monitoring were laid out in GD 349/2005, Annex 4, Chapter 2.2. Provisions regarding self-monitoring (including leachate, surface water, gas emissions) are contained within environmental permits. All complying landfills for municipal waste have a leachate collection system and the leachate is treated before being discharged into the surface water or into a municipal wastewater treatment plant. In both cases, discharged treated leachate has to comply with the requirements established by water protection legislation.

In Slovakia, specific requisites related to the Landfill Monitoring System are published in Annex 13 to Decree No. 283/2001 Coll. No further details were provided.


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In Slovenia, the operator is obliged to carry out operational monitoring (Article 46 of the Decree on the Landfill of Waste, in the manner and to the extent specified in Annex 8 to that Decree). Besides meteorological parameters, the following variables should be monitored: emissions of landfill gas, substances in the drainage of leachate and polluted rainwater from landfill surfaces, and of wastewater from vehicle-washing facilities and other installations at the landfill site, the general physical and chemical parameters and special pollutants in surface waters, pollution of underground water with hazardous substances. In environmental permits applications, the applicant must provide, among other things, a proposal for the monitoring and inspection of the operational monitoring. The landfill operator must yearly submit a report on the operational monitoring performed (Article 46(7) of the Decree on the Landfill of Waste).

In Spain, Article 13 of and Annex III (sections 3 and 4) to Royal Decree 1481/2001 incorporate the requirements regarding emission control procedures for water, leachates, gases and groundwater protection laid down in the Directive. The parameters to be monitored and the frequency of measurements are decided on a case-by-case basis and are included in the landfill authorisation. Surface water is generally collected in ditches installed around the landfill perimeter to prevent it from coming into contact with waste and to prevent the formation of leachate. Surface water falling on active and covered cells is provisionally collected in ditches and stored in ponds to test whether it satisfies the conditions for discharge; otherwise it is treated. These measures are always required in the case of landfills for hazardous waste and very often in the case of landfills for non-hazardous waste. Leachates are usually collected by a drainage system to be analysed before treatment. In cases of discharge into public water, the landfill authorisation must comply with discharge authorisation limits established by the competent authority (local basin organisation). The monitoring of gas emissions is set down case by case. Landfills which receive biodegradable waste have chimneys for extracting landfill gases, and where suitable, such gases are subject to energy recovery.

In Sweden, the provisions were transposed by Section 42 of the Swedish Environmental Protection Agency’s rules (2004:10) on landfill and criteria and procedures for waste acceptance at landfill sites. Leachate is collected and piped to a reservoir for further cleaning and analysis. Samples are taken regularly from the reservoir, from selected points within and close to the landfill site, and from the outgoing water and tested for selected parameters (e.g. nutrients and metals). The impact on surface water and groundwater is also analysed at selected points upstream and downstream of the site. Frequency ranges from daily to monthly sampling. As gas emissions are often difficult to measure in the field, the quantity of landfill gas collected is instead measured and then compared with estimates of the quantity of gas produced, accompanied by visual inspections of the site to detect gas leakage.

United Kingdom: In Scotland, the 2003 Regulations specify monitoring parameters and frequencies. The so-called “trigger levels” are included in the permit. The trigger levels act as a prompt to initiate further monitoring or remedial actions, as exceeding of the trigger levels indicates that several functioning criteria are not being fulfilled. In Northern Ireland Schedule 3 of the Landfill Regulations (NI) 2003 addresses the

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requirement for appropriate monitoring of landfill sites to be carried out. These requirements are specified in the PPC permits and include trigger values such as in Scotland. In England and Wales, monitoring requirements are incorporated within the permit, which take into account the minimum monitoring requirements referred to in Annex III Section 3. These requirements have been backed up with technical guidance on monitoring.

Conclusion:

All Member States (28) declare to have in place provisions for monitoring of leachate, surface water, gas emissions and atmospheric pressure in their national legislation in 2013-2015. Commonly the monitored parameters include: leachate volume and composition, volume and composition of surface water, potential gas emissions and atmospheric pressure.

No significant changes have been reported since the 2010-2012 reporting period, other than Finland passing new legislation during this reporting period.

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2.7 Cases where the Measurement of Volume and Composition of Surface Water was not required

21 of the 24 Member States that submitted completed Implementation Questionnaires 2013-2015 provided an overview of the implementation of Annex III into their national law and reported on the frequency of the inspection and measurements of volume and composition of surface. Denmark referred to its response in the reporting period 2010-2012, Estonia reported no changes as compared to the 2007-2009 period, and Poland referred to its response in the 2004-2006 period.

For the other Member States, based on the responses provided to the previous Implementation Questionnaires, it can be confirmed that France, Italy, and Romania have reported on the frequency of the inspection and measurements of volume and composition of surface water. No information has been found for Malta in this regard.


In Austria, Article 38 (6) of the Landfill Ordinance 2008 does not foresee exemptions from the obligation to control the status and quality of surface water.

In Flanders (Belgium), the measurement of volume and composition of the surface water is not required for landfills connected to sewer networks which are in turn connected to water treatment plants. It is also applicable for landfills treating leachate privately (i.e. through an external operator). In the case of Wallonia, the requirements for measurement is scrutinised case by case.

In Bulgaria, monitoring the volume and composition of surface and waste water is compulsory at those landfill discharging into a water body. No further details on other types of landfills were given.

In Croatia, according to Annex IV, point 3 of the Rules on the methods and conditions for the landfill of waste, categories and operational requirements for waste landfills (NN No. 114/15), measurements are required for surface waters at the landfill site or nearby, although minimum distances are not reported.

In Cyprus, the management of the landfills in operation include monitoring of surface water upstream and downstream. However, these measurements are not carried out during summer.

Question 7: Give general information on landfill sites for which the measurement of volume and composition of surface water provided in Annex III, Section 3 was deemed not to be required.

Section 3 of Annex 3 to the Directive defines requirements and sampling frequencies for monitoring surface water, leachate, gas emissions and atmospheric pressure.

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In the Czech Republic, this question is ruled by Section 3 of Implementing Decree No. 294/200, making reference to the following standards:

CSN 83 8030 Waste Landfilling - Basic conditions for designing and construction;

CSN 83 8033 Waste Landfilling – Managing landfill leachate;

CSN 83 8034 Waste Landfilling – Degasification of landfills;

CSN 83 8035 Landfilling of waste – Closing and recovery; and

CSN 83 8036 Landfilling of waste - Monitoring of landfills.

No further details were supplied.

Denmark referred to its response in the previous reporting period (2010-2012), where it was indicated that the monitoring is required in all cases (with different frequencies for each type of landfill). Only in the case of landfills owned by municipalities monitoring could be skipped, although the Danish environmental authority might require a justification of this decision.

Estonia reported no changes as compared to the 2007-2009 period, where it was noted that Section 37 (7) of Landfill Regulation of 29th April 2004 allows exempting the landfill operator from monitoring surface water if the site of the landfill and the type of waste landfilled pose no danger to surface water. The permit is issued by the Environmental Board. The exemption is granted to landfills for inert waste and non-hazardous waste that is generated from prospecting, extraction, enriching or storage and which is deposited in a way that prevents environmental pollution and any threat to human health.

In Finland, the environmental permit regulates whether reductions are allowed. These reductions can be made effective if, based on evidence from previous measurements, the competent authority decides so. The measurement of the composition or the volume of the surface water is currently deemed not to be required for 6 non-hazardous and 3 inert waste landfills, which includes both landfills in operation and landfills in aftercare phase. For those landfills where the measurements were not required, this decision was grounded on the limited environmental effects given the size and the nature of the waste accepted at these landfills. No exceptions were reported for the Åland Islands.

In France46, there is no monitoring system for landfills for inert waste. In non-hazardous waste landfills depending on the characteristics of the site the measurements may not be required.

Germany referred to the information provided in the First Report of the Federal Government without further details.

In Greece, exemptions are assessed during the environmental permit procedure, taking into account that the exempted sites should be away from surface waters.


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In Hungary, water surface measurement should be taken for all landfill sites where nearby surface waters exist.

In Ireland, the surface water composition is monitored in all cases whereas the volume of surface water is monitored as a meteorological variable.

Italy47 referred to reports already submitted for previous reporting periods, without providing any further detail.

Latvia reported no use of this option during the reporting period.

Lithuania reported that this option was used in two already closed landfills (Pavembriai and Kalvarija).

In Luxembourg, several exemptions can be specified in the permit, including those on the monitoring of volume and composition of surface water for inert non-contaminated waste.

In the Netherlands, measurements are based on characteristics of the landfill, e.g. if it can be demonstrated that water cannot contribute to spreading contaminating substances, the Provincial Executive Council (College van Gedeputeerde Staten) may stipulate in the licence that these surface water measurements are not required. Also, sampling may take place less frequently if data shows that longer intervals are equally effective. The evaluation should take place on the basis of Article 9(3) of the Landfill (Soil Protection) Decree.

In Poland, the response to the 2004-2006 period is still valid. There it was stated that measurements of the volume and composition of surface water are not required for landfills with inert waste and for landfills with hazardous waste that only store waste with codes 17 06 01 - insulation materials containing asbestos and 17 06 05 - building materials containing asbestos. Such measurements are also not required if, as a result of an environmental evaluation or hydrological documentation, it is not possible to take these measurements (for example, the landfill is located at a significant distance from surface water).

For Portugal the response to the Questionnaire for the period 2007-2009 is reported to be valid. That response pointed that the monitoring and control are defined in Annex III to Decree-Law No. 183/2009: details for the operational phase, in paragraph 7 of Part A and for the post-closure in paragraph 17 of Part B. As referred to in section 7.6 of the Annex, the relevant Regional Hydrographic Authority may regard that it is not necessary to conduct surface water analysis, depending on the characteristics of the landfill site.

In Romania48, depending on the location of the landfill, the environmental authorities may decide that measuring the volume and composition of surface water is not necessary. This exemption is indicated in the environmental permits/integrated


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environmental permits issued by the national or regional environmental protection agency.

In Slovakia, the surface water monitoring (pursuant to section 3 of the Annex III to the Directive) is not performed in landfills where surface watercourses are absent. The competent state authority may decide on the need for monitoring surface watercourses, if it can be influenced by the landfill operation.

In Slovenia, the requirements under Annex III, Section 3 have been transposed into national law by the Decree on the landfill of waste (OGRS, 61/2011), Article 45 and Annex 7. The competent authority may establish, based on the characteristics of the landfill, that measurement of the general physical and chemical parameters, of chemical status parameters and of special pollutants in surface waters are not required. The requirements are specified in the environmental permit for each landfill separately (in accordance with the approved programme of monitoring of surface waters).

In Spain, there are no nation-wide criteria establishing whether this control is compulsory, for which it is decided case-by-case in each landfill, although in some regions the authorities require these measurements without exceptions. It should be noted that a significant area of Spain (the south and the Mediterranean coast) has an annual precipitation of less than 300 mm, an extremely high evaporation rate and often no continuous watercourses, for which it is often difficult to carry out such measurements. Some regional authorities have exemptions on inert waste landfills or closed landfills that served small populations.

In Sweden, in general monitoring conditions are specified in the environmental permits. No specific response to this question was provided. Instead the regulations laying down monitoring conditions were outlined.

In United Kingdom, England has one permanent underground storage of hazardous wastes located within a salt mine where volume and composition of surface water is not required according to a risk assessment. For the rest of landfills, the details on monitoring are specified in the permits, such as in Scotland and Northern Ireland.

Conclusion:

A total of 21 Member States provided an overview of the implementation of Annex III into their national law and reported on the frequency of the inspection and measurements of volume and composition of surface water for 2013-2015. For the rest, with the exception of Malta, this information could be found from responses to earlier implementation questionnaires.

Several Member States (17) reported that they allow for exemptions relating to the measurement of surface waters, especially in certain periods of the year when there is no need for such measurements (dry season). In some Member States, the exemptions are decided on a case-by-case basis by the competent authority and sometimes are embedded in the environmental permit system. Exemptions for inert landfills are common across Member States. Sometimes they are not required for underground

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storage of hazardous waste or for inert landfill (for example in Luxembourg and the United Kingdom).

In four cases (Czech Republic, Germany, Italy, Sweden) the information provided was not sufficient to understand in which cases landfill could be exempted of measures provided in Annex III, Section 3.

No significant changes have occurred in comparison to the 2010-2012 reporting period.

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3.0 Implementation of the Directive

The remaining questions of the 2013–2015 Implementation Questionnaire concern the particulars of how a number of the Directive’s requirements have been implemented by Member States. The sub-sections below summarise Member State responses to these questions.

3.1 Exemptions of Non-hazardous Waste from Prospecting and Extraction, Treatment and Storage of Mineral Resources as well as from the Operation of Quarries

Most reporting Member States (18) have reported to have not made use of the exemptions related to the deposit of non-hazardous waste, other than inert waste, resulting from prospecting and extraction, treatment and storage of mineral sources. These were: Austria, Belgium, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Ireland, Latvia, Lithuania, Luxembourg, the Netherlands, Poland, Slovenia and Spain.

Portugal referred to its response to the 2007-2009 Questionnaire, in which they indicated that they had not used this exception.

Based on the response provided in earlier reporting periods, it was reported that Malta had not made use of the exemptions.

Slovakia reported not having information about these exemptions, and the answer provided by Sweden is contradictory.

Bulgaria, Hungary, and the United Kingdom have reported to have made use of the exemption related to the deposit of non-hazardous waste, other than inert waste.

Question 1: Has the option provided in Article 3(3) (non-hazardous waste other than inert waste from prospecting and extraction, treatment and storage of mineral resources as well as from the operation of quarries) been made use of? If yes, provide details.

Article 3(3) gives a possibility to the Member States to declare that the deposit of non-hazardous waste, other than inert waste, resulting from prospecting and extraction, treatment and storage of mineral resources as well as from the operation of quarries, are deposited in a manner that prevents environmental pollution or harm to human health, and can be exempted from provisions in Annex I points 2, 3.1, 3.2 and 3.3 relating to water control, leachate management and soil and water protection.

Note that Article 3(3) provides an option to provide exemptions, not an obligation to do so.

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France and Italy (based on the responses they provided to earlier reporting periods), also reported to have applied this exemption.

The responses from those Member States providing further details are summarised below:

Bulgaria applied this exemption to two landfills for non-hazardous waste (Obedineni Severni Nasipishta and Mednikarovo). Details on the waste disposed of and management techniques employed in these landfills were provided.

In Hungary, the Decree No. 20/2006 (IV. 5.) KvVM excluded non-hazardous waste from prospecting and extraction, treatment and storage of mineral resources out of scope of regulations (Article 1 para (2) point d)). Act No. XLIII. (2000) on Waste Management and Act No. XLVIII. (1993) on Mining determines the general rules of the non-hazardous mining waste treatment. The transposition of Directive 2006/21/EC into national law has been completed. The new regulation is the Decree of the Minister of Economy and Transport No. 14/2008 (IV. 3.) GKM on the treatment of mining waste and the Act CXXXIII on Mining (2007).

Sweden initially responded that it had made use of the option but later reported “No” when asked for further details.

In France49, this exemption is used for the industrial mining waste (No. 2720 in the List of the Nomenclature for the waste classification).

In Italy50, Article 3 point 3 of the legislative Decree No. 36 of 13th January 2003 provided possible exemptions concerning the control of water, the management of leachate and criteria for the protection of soil and water.

In the United Kingdom, Scotland has made use of the option provided in Article 3(3) based on the definition of waste in Directive 2008/98/EC. In England, the option has been made us of through the Mining Waste Directive 2006 (MWD), which covers the management of waste resulting from the prospecting, extraction, treatment and storage of mineral resources and operation of quarries, which it refers to as ‘extractive waste’. In England and Wales the permitting requirements as set out in Article 7 of the MWD have been transposed through the Environmental Permitting (England and Wales) Regulations 2010 (EPR). The English Environment Agency and Natural Resources Wales are the competent authorities.


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Conclusion:

Most Member States (21) reported to have not made use of the exemptions related to the deposit of non-hazardous waste, other than inert waste, resulting from prospecting and extraction, treatment and storage of mineral sources from certain provisions in Annex I in 2013-2015 or in the previous reporting periods. This excludes two countries for which the information is unclear (Slovakia and Sweden) and five Member States (Bulgaria, France, Hungary, Italy, and the United Kingdom (specifically Scotland)) which reported to have made use of the exemption.

In comparison to the previous reporting period (2010-2012), one more Member State has made use of these exemptions in 2013-2015.

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3.2 Exemptions of Islands and Isolated Settlements

Most Member States (19) that responded in 2013-2015 reported to have not made use of the provisions for the exemption of islands and isolated settlements. These were: Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, Germany, Hungary, Ireland, Latvia, Lithuania, Luxembourg, the Netherlands, Poland, Slovakia, and Slovenia.

Sweden provided no answer to this question in the 2013-2015 report, in the previous period reported that it had not made use of the exemption.

Using responses provided to earlier reporting periods, it can be said that Italy, Malta and Romania declared no use of these exemptions.

The responses provided by Member States which have made use of the exemption are summarised below:

In France51, this exception is used in three communes in Guyana that have no access to public roads. The conditions were summarised in 2009 in the regime of non-authorised landfills (Decree of 29 Mars 2007).

In Greece, the Ministry of Environment, Physical Planning and Public Works notified the Commission on the Exemption List of islands and isolated settlements (through Ref. No.


Question 2: Has the option provided in Article 3(4) (islands and isolated settlements) been made use of? If yes, provide details of these exemptions, including information on the quantities and, where possible, the types of waste going to such exempted sites.

Article 3(4) states that each Member States may declare, at their own option, that certain provisions of Articles 6(d), 7(i), 8(a)(iv), 10, 11(1) (a), (b) and (c), 12(a), and (c), Annex I, points 3 and 4, Annex II (except point 3, level 3, and point 4) and Annex III, points 3 to 5, are not applicable, under certain conditions, to (a) landfill sites for non-hazardous or inert waste with a total capacity not exceeding 15,000 tonnes or with an annual intake not exceeding 1,000 tonnes serving islands, where this is the only landfill on the island and where this is exclusively destined for the disposal of waste generated on that island; and (b) landfill sites for non-hazardous or inert waste in isolated settlements if the landfill site is destined for the disposal of waste generated only by that isolated settlement.

Note that Article 3(4) provides an option to provide exemptions, not an obligation to do so.

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110928/16-7-2003), in turn regulated through the "Technical specification of small landfills in islands and isolated settlements" (JMD 4641/232/2006).

Portugal’s report refers to the response provided for the 2007-2009 period. There, it was reported that the Decree-Law No. 183/2009 of 10th August 2009 applies to the Autonomous Regions of the Azores and Madeira, amended as appropriate, to take account of their respective political and administrative autonomy, with the departments and bodies of the relevant regional autonomous administration with responsibility and competence for waste management and the landfilling of waste being responsible for the administrative implementation of the Decree Law, without prejudice to the responsibilities of the national authorities (Article 58).

In Spain, a list of isolated settlements (municipalities) indicates where exceptions were granted regarding enforcement of the requirements laid down in Article 3(4) for the landfilling of inert or non-hazardous wastes generated in those municipalities (see Official Journal of the EU C 316 of 13th December 2005). These isolated settlements are located in Aragón, Castilla-León and La Rioja. However, the implementation of regional waste management plans has limited the number of locations where the exceptions granted are actually applied.

The United Kingdom reported that one site in Scotland has made use of this exemption without providing further information.

Conclusion:

Most Member States (23) reported to have not made use of the exemptions related to landfill in islands and isolated settlements in 2013-2015 or in the previous reporting periods. Five Member States (France, Greece, Portugal, Spain and the United Kingdom) reported to have made use of the provisions for the exemption of islands and isolated settlements.

In comparison to the previous reporting period (2010-2012), no countries have changed their status.

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3.3 Exemptions for Underground Storage

Most Member States (18) that responded in 2013-215 reported to have not made use of this exemption. These were: Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Germany, Hungary, Ireland, Latvia, Lithuania, Luxembourg, the Netherlands, Portugal, Slovakia and Spain.

Based on their responses to in earlier reporting periods, it can be said that Italy, Malta, and Romania have also not made use of this exemption.

The responses of Member States which have made use of the exemption are summarised below:

In Finland there are exemptions for underground storage sites included in the Government Decree on Landfills. Sections 6 and 7 contain provisions on the surface and bottom structures of the landfill and Section 8 contains provisions on the management of landfill gas. The Åland Islands did not apply any exclusion for underground storage.

France52 reported that it had made use of this option without providing any further information.

In Greece, there is a special provision for underground storage in the national legislation (JMD 24944/1159/2006 (GAZ 791/B/30-6-2006) “Approval of general technical guidelines for the management of hazardous wastes in compliance with, Article 5”). The underground storage of waste in deep drill holes, salt mine cavities, or natural cavities is prohibited due to the specific geological conditions of Greece (seismicity and permeable limestone bedrock). The aforementioned legislation has been communicated to the European Commission.

In Poland, the exemption has been used in three underground waste storage facilities, and only for certain types of waste. The total amount of waste deposited in underground storage facilities was 38,856 tonnes in 2013, 40,883 tonnes in 2014 and 47,912 tonnes in 2015.


Question 3: Has the option provided in Article 3(5) (underground storage) been made use of? If yes, provide details on the storage facilities, the exemptions and information on the quantities and, where possible, the types of waste going to such exempted sites.

Article 3(5) gives the possibility to Member States to declare whether underground storage has been used and if so, if it can be exempted from provisions in Article 13(d) and in Annex I, point 2 except first indent, points 3 to 5 and in Annex III, points 2, 3 and 5.

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In Sweden, a provision relating to underground storage exemptions pursuant to Article 3(5) has been introduced in Section 5 of the Ordinance (2001:512) on the landfill of waste and includes exemptions from Sections 19-23 of the same Ordinance. A total quantity of 70,933 tonnes of waste, of which 68,252 is considered as hazardous waste, has been landfilled through this exemption during the 2013-2015 reporting period. The detail of the quantities per site and type of waste was provided.

In the United Kingdom, although the Environmental Permitting Regulations 2010 (England and Wales) do not transpose the option regarding underground storage from the Landfill Directive, in permitting the underground waste disposal facility within a salt mine, controls for groundwater, leachate management, artificial barriers or landfill gas were not required. The permit does impose conditions to minimise the impact on the environment such as accident prevention and waste acceptance.

Conclusion:

Most Member States (21) reported that they have not made use of the exemptions relating to underground storage in 2013-2015.

In Slovenia and Germany, such an exemption exists but no environmental permits to operate underground storage sites were issued in the 2013-2015 period.

Only six Member States (Finland, France, Greece, Poland, Sweden, and the United Kingdom) reported that they have made use of it. These six Member States reported to have transposed the exemptions into national legislation.

There have been no significant changes since the 2010-2012 reporting period in terms of exclusions for underground storage, with the exception of Germany and Slovenia, which have not made use of the exemption in 2013-2015 but did so during the previous reporting period.

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3.4 National Strategy for the Reduction of Biodegradable Waste going to Landfill

The following sections outline the national strategies for the reduction of biodegradable waste going to landfill as reported by Member States in the Implementation Questionnaires 2010-2012.

Pursuant to Article 5(1) of the Directive, Member States must set up a national strategy for the implementation of the reduction of biodegradable waste going to landfills not later than 16th July 2003 and notify the Commission of this strategy. The strategies should include measures to achieve the targets set out in Article 5(2) by means of in particular recycling, composting, biogas production or materials/energy recovery.

Article 5(2) requires the reduction of biodegradable municipal waste going to landfills by:

75% by 16th July 2006;

50% by 16th July 2009; and

35% by 16th July 2016.

These targets are calculated on the basis of the total amount of biodegradable municipal produced in 1995 or the latest year before 1995 for which standardised EUROSTAT data is available. Member States that landfilled more than 80% of their municipal waste in 1995 may postpone each of the targets by a maximum of four years.

Article 2(m) biodegradable waste is defined as “any waste that is capable of undergoing anaerobic or aerobic decomposition, such as food and garden waste, and paper and paperboard”.

Article 2(b) defines municipal waste as waste from households, as well as other waste which, because of its nature or composition, is similar to waste from households.

3.4.1 Status of Notifications

23 Member States that responded in 2013-2015 reported that a national strategy has been developed and the Commission has been notified. These were: Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Hungary, Ireland, Latvia, Lithuania, Luxembourg, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.

In the case of The Netherlands no national strategy has been developed.

Based on earlier reporting, France and Italy have also developed national strategies and notified the Commission. Malta had not developed a national strategy at the time of their most recent response (2007-2009).

Question 4(a): Has the national strategy for the reduction of biodegradable waste going to landfills pursuant to Article 5(1) been developed and notified to the Commission? If no, state the reasons why.

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The following Member States provided further details in their responses:

Belgium: In Wallonia the strategy was put in place in 2003 and further amended in 2006. In Flanders there are several strategies in place, of which the most recent versions have been recently passed for the period 2016-2022.

In Bulgaria, a National Strategic Plan for gradually reducing the quantity of biodegradable waste disposed of in landfills (2010-2020) was passed and notified to the Commission.

In the Czech Republic, this strategy was included within the National Waste Management Plan for the periods 2003-2014 and 2015-2024. Strategies on the reduction of the landfilling of biodegradable waste have been included within regional waste management plans. Both have been notified to the Commission.

Denmark referred to the response included in the previous reporting period (2010-2012) where in turn the response refers to the letter dated 16th July 2003 sent by the Permanent Representation of Denmark to the European Commission (see acknowledgement of receipt – Debenedictis Giuseppe -16th July 2003) entitled "Information in connection with Council Directive 1999/31/EC of 26th April 1999 on the landfill of waste" without further details.

In Lithuania, The National Waste Management Plan includes targets similar to those of the Directive regarding the reduction of biodegradable waste disposed of in landfills, which are extended to the municipalities, accompanied by transitional periods according to their population size.

In Malta53, a draft national strategy for the reduction of biodegradable waste going to landfills pursuant to Article 5(1) was drawn up in 2004 (and pending formal adoption and publication by the Ministry).

In the Netherlands, a strategy for the reduction of biodegradable waste going to landfills has not been drawn up because the Dutch waste policy and legislation in place already contained sufficient provisions and measures in that respect, such as a waste hierarchy (where landfill is the least desired option), source segregation obligations for those disposing of waste, landfill bans and landfill levies.

Poland developed the strategy as part of the National Waste Management Plan. The updated version of the document, i.e. the 2014 National Waste Management Plan (Monitor Polski official gazette 2010, No. 101, item 1183) was submitted to the Commission in 2011. Moreover the next National Waste Management Plan54 for 2022 was in process and it was expected to be submitted to the Commission in October 2016.

53 Response provided by the Member State to the Implementation Questionnaire 2007-2009. 54 The electronic version of the document is available at http://www.monitorpolski.gov.pl/MP/2016/784.

http://www.monitorpolski.gov.pl/MP/2016/784

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In Portugal, the ‘National Strategy for reducing Biodegradable Municipal Waste (BMW) meant for landfill’ (the 'Strategy') was approved and submitted to the Commission in 2003. It was reviewed and included in PERSU II (the 2nd Strategic Municipal Waste Plan), which was approved in December 2006. This document sets out objective goals that the systems must meet in terms of recycling and recovery of packaging waste as regards both biodegradable municipal waste going to landfills and also the recycling of non-packaging paper and paperboard. PERSU II was reviewed and adapted for the period 2014-202055 (Ministerial Order No. 187-A/2014, published in the Portuguese Official Gazette (Series I), No. 179, on 17th September 2014). PERSU 2020 also keeps the goal of a 35 % reduction in the disposal of biodegradable municipal waste in landfills.

Romania56 reported that a national strategy has been developed but no further details are given on its implementation.

In Slovakia, the National strategy for the reduction of biodegradable waste going to landfills was drawn up as a unified integrated document in July 2010 and notified to the Commission in August 2010. The National strategy for the reduction of biodegradable waste going to landfills has been implemented for the conditions existing in the Slovak Republic through a number of legal and strategic measures with the objective to attain the designated targets for the set time periods. Targets set out in Article 5(2) of the Directive have also been implemented into the Waste Management Programmes.

Spain, approved a new National Plan for Waste Management 2016-2022 on 6th November 2015. As regards landfills, the National Plan identified the following objectives:

meeting the objective of reducing the disposal of biodegradable waste in landfills by 2016 (a reduction of 12 percentage points for landfills for this type of waste since 2012);

eradicating the landfilling of untreated municipal waste; and

decreasing the landfilling of all municipal waste to 35% by 2020.

To this end, a series of measures at national, regional and local level are listed. These measures constitute Spain's Strategy for the Reduction of Biodegradable Waste Deposited in Landfills, which includes:

increasing separate collection and the processing of materials obtained in dedicated facilities;

ensuring that mixed waste is properly treated; and

developing and using economic instruments that discourage landfilling.

55 http://apambiente.pt/_zdata/DESTAQUES/2014/Portaria_PlanoEstrategico_PERSU2020_final.pdf 56 Response provided by the Member State to the Implementation Questionnaire 2010-2012.

http://apambiente.pt/_zdata/DESTAQUES/2014/Portaria_PlanoEstrategico_PERSU2020_final.pdf

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3.4.2 Classification of Waste as Biodegradable waste and Biodegradable Municipal Waste

All reporting Member States (24) have established lists of biodegradable waste and biodegradable municipal waste.

Based on their responses in earlier reporting periods, France, Italy, Malta and Romania also reported to have established lists of biodegradable waste and biodegradable municipal waste.


In Austria, biodegradable municipal waste includes paper/cardboard/cartons, cemetery waste, garden and park waste, kitchen and canteen waste, market waste and approximately 50% of residual and bulky waste. Biodegradable waste in addition comprises wastes others than municipal, e.g. waste from agriculture or the food industry.

In Belgium, the definitions differ between regions: in Flanders, biodegradable municipal waste includes urban biodegradable waste and other biodegradable waste such as sewage sludge, wood waste, animal waste, paper and paperboard waste, green waste and food waste and sludge. In Wallonia, the biodegradable waste is the waste identified as option "B" in Column 6 of the Table found in Annex 1 of the Walloon Government Decree of 10th July 1997 establishing a waste catalogue, which includes: the non-composted fraction of household and similar wastes, digestate from anaerobic treatment of municipal waste, waste from waste water treatment plants, municipal wastes (household waste and similar commercial, industrial and institutional wastes) including separately collected fractions, paper and paperboard and edible oil and fat, among others. Finally in the Brussels Capital Region, biodegradable waste is defined as “any waste that is capable of undergoing anaerobic or aerobic decomposition, such as food and garden waste, and paper and paperboard”, and municipal waste is defined as waste from households, as well as other waste which, because of its nature or composition, is similar to waste from household.

In Bulgaria, biodegradable waste is defined as any waste that is capable of anaerobic or aerobic decomposition, including park and garden waste, food and kitchen waste from households, restaurants, caterers/retail premises and similar waste from the food industry. Municipal biodegradable waste is defined as biodegradable waste generated by households in daily activities, as well as in administrative, social and public buildings. The waste from commercial premises and associated productive craft activities and from leisure and hospitality venues is considered to be equivalent to municipal waste if it does

Question 4(b): Indicate which wastes are classified at national level as biodegradable waste and which wastes as biodegradable municipal waste.

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not have the characteristics of hazardous waste and if the amount or composition thereof is not such as to prevent it from being treated together with municipal waste.

In Croatia, biodegradable waste is defined as the entire generation or a specified share of biodegradable separately collected waste from sources other than households: animal and vegetable tissues, farm waste and forestry waste, food preparation waste, wood industry waste, construction industry waste (wood - 50 %), wood processing waste (50 %), paper and paper industry waste, textile industry waste (50 %), sludge (50 %) and other waste containing a biodegradable component (50 %). For its part, biodegradable municipal waste includes the entire generation or a specified share of household paper and paper packaging; household wood and wooden packaging (50 %); mixed packaging (app. 50 %); clothing, household textiles and textile packaging (50 %); biodegradable kitchen waste, edible fats and oils, biodegradable household waste (food leftovers and similar); mixed and other municipal waste (app. 65 %), bulky waste (app. 50 %); street cleaning residues (app. 65 %) and marketplace waste.

In Cyprus, biodegradable municipal waste includes paper, food and green waste.

In the Czech Republic, the list of biodegradable waste comprises seven broad groups of waste, whereas municipal biodegradable waste contains nine categories (paper and board, biodegradable kitchen and canteen waste, clothes, textiles, wood other than that mentioned in 20 01 37, biodegradable waste, mixed municipal waste, waste from markets and bulky waste). A detailed list of categories coded with a six-digit number was provided.

Denmark referred to the response included in the previous Questionnaire (2010-2012) where the response to question 4 in turn mentioned the letter dated 16th July 2003 sent by the Permanent Representation of Denmark to the European Commission entitled "Information in connection with Council Directive 1999/31/EC of 26th April 1999 on the landfill of waste". However, no specific response to the classification of waste was given in this report either.

Estonia reported that the response to the 2007-2009 questionnaires still applies, which in turn referred to the 2004-2006 questionnaire; according to that response the concept of biodegradable waste is laid down in Section 5 of the Waste Act. No types of biodegradable waste further to those on the EU's waste list have been laid down.

In Finland, "biodegradable waste" includes food and garden waste, paper, paperboard and cardboard waste, wastes from municipal waste water plants and food processing waste water plants, wastes produced in agriculture, forestry as well as other waste subject to undergoing aerobic or anaerobic decomposition. "Biodegradable municipal waste" refers to biodegradable waste generated in households (including holiday homes), as well as biodegradable waste comparable in its nature to household waste generated by economic activities.

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In France57, the EU definition was fully adopted (municipal waste is defined by Article 2 of Landfill Directive) in their national law. The classification, categories and reports of the municipal waste are governed by ADEME (MODECOM).

Germany’s response refers to the report sent to the Commission on 19th July 2003 on the transposition of Article 5 of the Landfill Directive. However no further details were provided.

In Greece, biodegradable waste is defined as waste potentially subject to aerobic or anaerobic degradation, such as: food waste, garden waste, paper and cardboard waste and biomass. Biodegradable municipal waste includes household waste as well as other biodegradable wastes whose nature or composition is similar to that of biodegradable domestic wastes. In terms of classification in EWC codes, biodegradable municipal waste includes paper and cardboard, biodegradable kitchen and canteen waste, biodegradable wastes from garden and parks, and paper and cardboard packaging (including separately collected municipal packaging waste).

In Hungary, biodegradable waste is defined as organic waste subject to anaerobic or aerobic decomposition (by means of micro-organisms, living beings in soil, or enzymes) (Article 3 Point d) of Government Decree No. 213/2001 (XI. 14.). Biodegradable municipal waste is not defined separately because of the given definition of municipal waste (household and similar waste). The National Standard MSZ 21420-29.2005 contains 13 fractions (categories). The biodegradable part of municipal waste can be counted using these categories. Landfill operators have to carry out waste general composition analysis quarterly plus one detailed analysis every year.

In Ireland, biodegradable wastes include human and animal faecal matter or derivatives thereof (manures, sewage sludge); biological sludge from dairying, rendering, slaughtering or brewing, industrial activities, animal and plant tissue, food waste, wood, cardboard, paper and textiles. Biodegradable Municipal Waste is defined under the National Strategy on Biodegradable Waste as “municipal waste that is capable of undergoing anaerobic or aerobic decomposition, such as food and garden waste, and paper and paperboard. Specifically, biodegradable municipal waste is categorised under four broad headings – paper (including cardboard), organics (food and garden waste), wood and textiles.

In Italy58, biodegradable waste includes food waste, garden waste, paper, cardboard, wood and natural textiles. Biodegradable municipal waste is anything included in the above categories that is also classified as municipal waste as provided by Article 184(2) of Legislative Decree No. 152 of 3rd April 2006.

In Latvia, the response refers to the EWC-Stat codes (Regulation 2150/2002/EC), which is used for classifying biodegradable waste. The list classifies the waste into: separately


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collected fractions (includes paper, glass, textiles, dangerous waste, WEE, wood, plastic, metals, etc.), garden and park wastes (biodegradable waste, soil and stones and other non-biodegradable waste), and other municipal wastes.

In Lithuania, biodegradable waste means any waste that is capable of undergoing aerobic or anaerobic decomposition, such food and kitchen waste, green waste, paper and cardboard, wood, natural tissue as well as sewage sludge and biodegradable waste from manufacturing processes (Order No. 217, Rules on waste management). A similar definition is used in the Environmental Requirements for composting biodegradable waste (Order No. D1-57). According to the above definitions and the definition of municipal waste given in the Law of the Republic of Lithuania on Waste Management, municipal biodegradable waste means household waste (waste generated by households) and other waste, which by its nature or composition is similar to household waste which can decompose or be decomposed aerobically or anaerobically.

In Luxembourg, the classification is set down in the national strategy. Any waste capable of undergoing anaerobic or aerobic decomposition, such as paper/cardboard, wood waste, garden waste, kitchen waste and market waste is considered biodegradable waste. Municipal biodegradable waste comprises the same waste streams when these are collected by municipal or inter-municipal bodies.

In Malta59, biodegradable waste is defined as “any waste that is capable of undergoing anaerobic or aerobic decomposition, such as food- and garden waste, and paper and paperboard”, in line with Article 2 of the Directive. Biodegradable municipal wastes are wood, green waste, food remains, paper and cardboard from households, as well as other waste which because of its nature or composition, the competent authority deems it to be considered as municipal waste.

In the Netherlands, the following components are regarded as, to a large extent, biodegradable: vegetable, fruit and garden waste, organic waste, paper and wood. Waste streams such as textiles, carpets and leather/rubber are also partially biodegradable. These streams are not broken down into municipal and non-municipal waste.

Poland provided the detailed list of wastes classified as biodegradable municipal wastes in accordance with the waste catalogue.

For Portugal, the response given to the Implementation Questionnaire 2007-2009 still applies: Article 2 of the Decree-Law No. 183/2009 contains the following definitions: "municipal waste" means waste from households, as well as other waste which, because of its nature or composition, is similar to waste from households; "biodegradable waste" means waste which is capable of undergoing anaerobic or aerobic decomposition, such as food and garden waste, and paper and paperboard.


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In Romania60, biodegradable waste and municipal waste are defined in Government Decision No. 349/2005 in accordance with the Directive. Furthermore, the Regional Waste Management Plan (RWMP) notes that biodegradable municipal waste includes the biodegradable fraction of mixed household and the biodegradable fraction of other municipal waste collected separately (park and garden waste, street waste, bulky waste).

In Slovakia, biodegradable waste was defined as waste that is capable of undergoing anaerobic or aerobic decomposition, such as food waste, paper and cardboard waste, waste from gardens and parks, etc.as listed in Decree No. 283/2001 Coll. (Act No. 79/2015 Coll.) following the definition for biodegradable waste found in Article 2(m) of the Directive. Since 1st January 2013, the definition of biodegradable municipal has been used in the amended version of the Waste Act. It includes all biodegradable waste that can be categorized into category 20 - Municipal waste, according to the Waste Catalogue. As to date, no further categories have been defined. Within the elaborating WMP, biodegradable waste is in turn divided into so called “industrial biodegradable waste” and “municipal biodegradable waste”.

In Slovenia, point 2 of Article 3 of the Decree on Waste defines biological waste as biodegradable waste that can decompose aerobically or anaerobically, such as biodegradable kitchen waste, and waste from gardens, parks, paper and cardboard. Annex 4 to the Decree on the Landfill of Waste, defines biodegradable municipal waste as waste paper, cardboard and textiles; waste consisting of green biomass and natural wood generated as waste from gardens and parks; waste food and organic waste; and waste from the processing of wood, and other waste consisting of wood, bark, cork and straw.

In Spain, biodegradable municipal waste includes biodegradable waste managed by local authorities which comprise domestic and commercial waste as established in the definitions given in Article 3 (b) and (c), respectively, of Law 22/2011 of 28th July 2011 on contaminated waste and soil. Similarly, Law 22/2011 introduces the concept of bio-waste, which includes biodegradable waste from parks and gardens, household kitchens, the restaurant industry and restaurant services and similar waste deriving from food processing plants, and thus part of biodegradable urban waste comprises bio-waste.

In Sweden, instead of “municipal waste”, the term “household waste” is used, meaning "waste generated by households and comparable waste from other sources" (Chapter 15, Section 2 of the Environmental Code). No details on any classification were provided although it was noted that the ban on the landfill of organic waste covers all biodegradable waste.

In the United Kingdom, the definitions of biodegradable waste and biodegradable municipal waste are those provided by the Directive (as specified in the Waste and Emissions Trading Act 2003), following the classification of waste using the List of Wastes Decision (2000/532/EC) or European Waste Catalogue. The UK identifies those codes

60 Response provided by the Member State in the Implementation Questionnaire 2007-2009.

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that can be considered to equate to the definition of municipal waste in the Landfill Directive. The biodegradable share of mixed waste is estimated through factors, specific for England and Wales (same factor), Scotland and Northern Ireland.

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3.4.3 Experiences with the Application of the Strategy

Most reporting Member States (23) provided information about the application of the strategy, except Denmark, which did not respond to this question.

Germany referred to the information provided in its implementation report of 13th July 2003 in its response to the Implementation Questionnaire 2007-2009; and Portugal referred to the response given for the 2010-2012 period.

For the non-reporting Member States, experiences regarding the practical application of the strategy can also be found for France, Italy and Romania when reviewing previous implementation questionnaires. For Malta no information could be identified.


In Austria, the national strategy has two main components. First, separate collection of biodegradable waste for which efficient collection systems have been provided. The second are stringent requirements regarding the quality of the waste to be deposited, in particular the delimitation of the TOC (Total Organic Carbon) parameter. Although this strategy has required lengthy transitional periods and derogations, Austria reported the strategy to be successful in terms of target compliance as referred to in Article 5(2) of the Directive.

In Belgium, the situation is as follows: in Flanders there are bans for the landfilling of several types of waste since 2006 plus an obligation for source separation of certain fractions of waste including paper and cardboard waste, green waste, textiles and wood waste. In Wallonia, the strategy comprises disposal bans for certain waste, which in hand with fiscal policies have helped to limit the disposal of biodegradable waste in landfills. In Brussels Capital Region, the separate collection of organic waste is carried out since 1998.

In Bulgaria, in accordance with the National Strategic Plan for gradually reducing the quantity of biodegradable waste in landfill (2010-2013) and the municipal waste management programmes, investment projects have been drafted at regional level for the construction of technical infrastructure for the treatment of waste, including biodegradable waste. To implement waste management policies, Bulgaria supports municipalities and regional structures with funds. During this reporting period a National Strategic Plan for gradually reducing the quantity of biodegradable waste in landfill up to 2020 has been approved. Economic instruments have been put in place to encourage municipalities to improve indicators for limiting the quantity of biodegradable waste sent to landfill, and those which meet the set targets for limiting the quantity of biodegradable waste landfilled for recovery of bio-waste are exempted from 50 % of the charges due for landfilling. Projects to promote home composting have also been carried

Question 4(c): Indicate the experiences made with the practical application of the strategy.

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out in some localities in Bulgaria, and training programmes have been carried out for municipalities to raise awareness of the legal framework on biodegradable waste and good European practice in this field and regarding what is expected of municipalities in this area.

Croatia reported that further investments in infrastructure and equipment are required to implement the stipulated waste management strategies.

In Cyprus, a mechanical-biological treatment facility has been in operation since 2010. Biodegradable waste is first mechanically segregated, and then either composted or biostabilised. It was not possible to determine the quantities of waste that pass through this facility, or the proportion of waste that is stabilised prior to landfilling.

The Czech Republic reported that the gradual introduction of the strategy to limit the disposal of biodegradable waste in landfills has succeed in decreasing the amount of biodegradable municipal waste going to landfills. The construction of municipal treatment facilities for biodegradable waste supported by funds of the Environmental Operational Programme has been a significant impulse. In 2015, an amendment to Act No. 229/2014 on waste, along with Implementing Decree No. 321/2014 introduced the compulsory separate collection of biodegradable components of municipal waste in municipalities. Municipalities are required to provide sites for the separate collection of at least green waste and at least for the period from 1st April to 31st October of the calendar year.

Estonia referred to the 2010-2012 questionnaire where it was reported that landfilling of biodegradable waste had decreased as a result of new regulation addressing the end-of-waste condition of compost, public financial support for recycling and a new incinerator that started operating in June 2013.

In Finland, the two main planning tools regarding the landfilling of biodegradable waste in Finland are the Finnish National Strategy concerning Reduction of Landfilling of Biodegradable Waste (approved in 2004) and the National Waste Plan adopted in 2008, which includes measure until 2016. It is reported that the quantitative targets have been already met, for which the increase in incineration capacity has made a significant contribution. Moreover, specific targets on biodegradable waste treatment including composting, biogas generation and anaerobic digestion have been set and supported by feed tariffs for electricity generation from renewable sources.

France61 implemented the strategy through several actions such as stickers STOP PUB, reduction of the quantity of bags in supermarkets, local programs for waste reduction, etc. The taxes on waste storage and incineration were revised as the general tax for the polluting activities according to Article 29 of the Financial Law, 2009. This reform was intended to continue in the period 2009 – 2015.


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In the previous reporting period, Denmark referred to the letter sent by the Permanent Representation of Denmark to the European Commission (16 July 2003) entitled "Information in connection with Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste". Denmark did not respond to this set of questions on biodegradable waste in 2013-2015, presumably because of its long standing ban on the landfilling of biodegradable waste.

Germany referred to the information provided in its implementation report of 19th July 2003.

In Greece, several actions undertaken are: municipal waste treatment in mechanical biological treatment plants; mechanical sorting of the contents of the “blue bin”; recycling of paper and cardboard as raw material; and household composting through separate bins was also applied. Moreover, since 2010 the recovery of biodegradable waste from farming and agricultural operations in rural areas (e.g. feeding animals, fertilizer in gardens) is accounted for in the total diversion from landfills. Finally since 2011 a network for edible oil and fat collection has been developed and the amounts of this recovered waste contribute to the diversion of the biodegradable waste from landfills. The results from the described practices have resulted in the diversion of 696,664; 672,622; and 639,551 tonnes of biodegradable waste in 2013, 2014 and 2015 respectively.

In Hungary, green waste management was prioritised in order to comply with the reduction target of the Directive. Further steps include enhanced source separation of kitchen waste and supporting compost from waste to enter the market. A forthcoming regulation seeks to promote confidence in compost by setting quality criteria. High quality compost is currently used only in a small scale on agricultural lands. For its part, the Environmental and Energy Operational Program (KEOP) played an important role in the development of municipal solid waste management systems, particularly regarding treatment facilities.

In Ireland, the National Strategy published in 2006 was based on a number of integrated actions devoted to comply with the Directive. Some general measures included waste prevention, the recycling of paper and cardboard, biological treatment for food and garden waste, and treatment and biostabilisation of residual waste. A detailed list of actions taken is provided, including the implementation of “pay-by-use” management systems to encourage waste prevention and source segregation, increases in the landfill tax rates from 25 in 2009 to 75€/t in 2013 and the built-up of a new incineration plant.

Italy62 reported a reduction in the quantity of organic waste sent to landfills and was confident of achieving the objectives outlined in its strategy.

In Latvia the amount of biodegradable municipal waste disposed of in landfills remained roughly at the same level. Moreover, during this period a number of plants for the


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recycling and recovery of biodegradable waste have been established, so the amount disposed of in landfills is foreseen to decrease in the next reporting period.

Lithuania has undertaken, among others, the following measures during this reporting period:

separate collection and composting of biodegradable waste in municipalities has been promoted;

around 138,000 tonnes of biodegradable waste were collected in 2013, around 205,000 tonnes in 2014 and around 162,000 tonnes in 2015;

54 sites for the composting of green waste have been set up;

the treatment capacity for biodegradable waste has been enhanced;

a combined heat and power plant was put in operation; and

funding for waste separation has been supplied to municipalities.

In Luxembourg, the amended Law of 21st March 2012 on waste has served to further reinforce the obligation of source segregation, including the separate collection of bio-waste. In 2013, 73% of the population was served with door-to-door collection of garden waste, whereas 67% had access to specific bins for the separate collection of organic waste. For its part, mixed residual waste is treated at mechanical-biological treatment plants. Furthermore, financial support to municipalities and inter-municipal associations include covering 66% of the investment costs of organic waste treatment plants and 40% of the investment costs for recycling centres designed, among other things, for the separate collection of waste paper, packaging and biodegradable garden waste. Bio-waste treatment has also been supported. For example, in 2014, 27 installations were authorised to treat organic waste comprising a total capacity of 188,222 t/year.

In the Netherlands, the National Waste Management Plan describes various instruments. One of the main instruments is the ban on landfill of waste (as laid down in the Waste Decree), which diverts waste from landfilling towards other management options ensuring the use of the full incineration capacity of the country.

Since 2013, Poland has a new municipal waste management system, which has enabled municipalities to take over the management of the municipal waste generated in their territory, as well as to control the amount of biodegradable municipal waste landfilled. The objective of the new system is to improve municipal waste management, in particular with regard to source segregation, as well as to facilitate the construction and refurbishment of a network of treatment facilities, including biodegradable waste. Under the current waste collection and management system, mixed municipal waste and green waste as well as other bio-waste should be treated at regional municipal waste treatment plants (RIPOK). Also, on 1st January 2013 the prohibition of the landfilling of segregated biodegradable waste entered into force. Between 2013 and 2015, lower fees to those citizens involved in source segregation of biodegradable waste were put in place. Moreover, in rural areas and in urban areas municipal authorities have encouraged home composting by co-financing the necessary instruments (e.g. composters). As a result, in 2013 Poland complied with the Directive’s target on the reduction of the landfilling of biodegradable waste.

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Portugal referred to the response given for the 2010-2012 period: the National strategy for the reduction of biodegradable municipal waste going to landfills (Strategy) transmitted to and approved by the Commission in 2003, was reassessed and integrated into the second Strategic Municipal Waste Plan, approved in December 2006 (PERSU II), which establishes objective targets for the recycling and recovery of packaging waste, the diversion of Biodegradable Municipal Waste (BMW) from landfill and the recycling of non-packaging paper and cardboard. PERSU II covers the period 2007-2016 and does not use the 4-year derogation provided for in Article 5 of the Directive to which Portugal had recourse in 2009 when the Community targets for 2013 and 2020 were rescheduled. Furthermore, Portugal has reported as a response to other questions for this reporting period (2013-2015) that PERSU has been further updated, covering the period 2014-2020.

Slovakia has undertaken the following measures (amongst others):

to support municipal composting through setting out basic technological and operation norms;

banning the landfilling of waste containing more than 5 per cent of organic carbon since 2015;

introduction of a system of recording and control of the treatment of biodegradable waste categories of municipal waste in towns and villages through adoption of legal regulation, drafting of guidelines for municipalities, and training of local governments;

action plan to support the introduction of composts from biodegradable waste categories to the market. The Plan is currently being developed;

support of projects for material recovery of biodegradable waste categories and bio-waste through granting financial support from the EU funds and the Environmental Fund;

supporting the construction of integrated centres for material and energy recovery of municipal waste; and

biodegradable waste and sludge from urban waste water treatment in municipalities with more than 15,000 inhabitants will be treated using anaerobic methods with the objective to produce biogas.

In Slovenia, a detailed list of experiences was provided. The following can be highlighted: introduction of the mandatory separate collection of biodegradable municipal waste, organic kitchen waste, promotion of domestic composting, and prohibition of the disposal of green biomass and natural wood. Processed municipal waste may only be disposed of if it meets the prescribed conditions (calorific value does not exceed 6,000 kJ/kg of dry matter, TOCs do not exceed 18% of the weight of dry mechanically/biologically treated municipal waste and AT4 does not exceed 10 mg O2/g of the dry matter of biodegradable waste). As a result, the quantity of separately collected biodegradable waste collected separately by public service providers has increased from 2010 when 58,617 t were collected, to 153,092 t in 2015. Mixed residual waste treatment facilities were also built by the end of 2015 using EU funds, ensuring sufficient treatment capacity at national level.

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In Spain, regarding the separate collection of bio-waste, in 2014 there were 45 dedicated treatment plants which treated 705,500 tonnes of bio-waste. Catalonia made the separate collection of bio-waste compulsory and provided a network of treatment facilities (24 in 2014). For its part, a large amount of mixed residual waste is treated in mechanical-biological treatment plants. In 2011, the 68 sorting and composting facilities treated 7.6 million tonnes and the 22 sorting, bio-methanisation and composting plants treated 3.1 million tonnes. In the 2013-2015 period, efforts continued to improve source segregation (particularly for paper/cardboard from households).

In Sweden, the strategy has decreased biodegradable waste and other types of waste disposed of in landfills. In 2006, 5 % of household waste in Sweden was sent to landfill whereas in 2015 it was 0.8%.

The United Kingdom: In England, the landfill tax is reported as the key driver to reduce the amount of biodegradable waste going to landfills. The tax has been gradually increased since its introduction in 1996 and currently stands at £84.40 per tonne for the standard rate and £2.65 per tonne for the lower rate. Bans on the landfilling of specific materials (including textiles and food waste) were considered but not implemented. Wales led the United Kingdom and the EU in recycling municipal waste, achieving 54.3% in 2013/14 and has reduced waste sent to landfill at permitted sites by 37% between 2010 and 2013. In Scotland a ban on any metal, plastic, glass, paper, card and food collected material going to landfill is in force from 1st January 2014. In order to assist in developing the necessary waste infrastructure to meet these requirements, the Scottish Government funds the organisation Zero Waste Scotland, which delivers a range of support programmes, campaigns and other interventions. The Safeguarding Scotland’s Resources programme, which is aimed at building a more resource efficient and circular economy in Scotland, sets a new target aiming to cut all waste in Scotland by 7% by 2017 (from 2011 level) and 15% by 2025. The plan also aims to address issues of business resource efficiency, products and packaging, reuse, and influencing behaviours. In Northern Ireland, the strategy “Towards Resource Management”, revised in October 2013, put emphasis on resource management and landfill diversion for increasing resource efficiency. Moreover, Northern Ireland has met the national targets 2009/10 and 2012/13 on landfill diversion as outlined in the Waste and Emissions Trading Act.

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3.4.4 Amounts of Biodegradable Municipal Waste

A summary of the amount of biodegradable municipal waste produced by each Member State in 1995 is provided in Appendix A.2.0.

During this reporting period, Croatia provided figures for the first time and four Member States have provided updated figures, according to new methodologies applied or new information available (Belgium, Cyprus, Ireland and Lithuania).

It is also worth mentioning that five Member States do not have 1995 as a baseline year, since they have made use of Article 5 of the Landfill Directive. This is the case for Croatia (1997), Cyprus (1993), Finland (1994), Greece (1990) and Lithuania (2000).

Denmark has not provided figures in this Implementation Questionnaire nor in the previous one.

The total amount of biodegradable waste generated by the 27 Member States that have submitted information is 15,542,000 tones.

Article 5(2) of the Directive states that Member States, which in 199563 put more than 80% of their collected municipal waste to landfill, may postpone the attainment of the landfill diversion targets by up to four years. Four Member States (Lithuania, Romania, Slovakia and Slovenia) reported to have made use of this derogation. The first three planned to use the full four years, whereas Slovenia did not specify.

63 or the latest year before 1995 for which standardised EUROSTAT data is available.

Question 4(d): Indicate the amount of biodegradable municipal waste (in tonnes, if possible broken down in waste streams) produced in 1995 (respectively the latest year before 1995 for which standardised EUROSTAT data is available).

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3.4.5 Amounts of biodegradable municipal waste and other biodegradable waste going to landfills

Seven of the 24 reporting Member States (Austria, Belgium, Croatia, Czech Republic, Estonia, Germany, and Poland) have provided complete datasets. In the Czech Republic, Estonia and Poland reported figures show a reduction in the amounts of biodegradable waste landfilled since 2010-2012. Austria and Germany have continued to be zero, whereas other Member States have provided incomplete data (e.g. data is not broken down into municipal and other biodegradable waste, data does cover only part of the series required). Regarding municipal biodegradable waste, decreasing trends were reported in Finland, Ireland, Lithuania, Portugal and the United Kingdom whereas in Spain this amount has grown during this reporting period.

This is also presented in Appendix A.2.0.

Question 4(e): Indicate the amount of biodegradable municipal waste and other biodegradable waste (both in tonnes, if possible broken down in waste streams) going to landfills for each year of the reporting period. A summary of the amount of biodegradable municipal waste going to landfill in 2013, 2014 and 2015 at each Member State can be found in (Appendix A.2.0).

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3.4.6 Adaptation of Strategies

The majority of Member States (18) that responded in 2013-2015 reported that they envisaged an adaptation of the national strategy for reducing the biodegradable waste. This was not the case for Austria, Estonia, Germany, Ireland, the Netherlands and Sweden, where no adaptations were foreseen. Denmark did not respond to this question.

France, Italy and Malta did not foresee any adaptation according to their responses in previous reporting periods.


In Belgium, only Wallonia refers to adaptations of the strategy: prevention actions are carried out in order to reduce the loss and wastage of food at the household level but also at the industrial food level, businesses, canteens, etc. and to facilitate giving out donations of excess food. For paper-cartons, the actions particularly aim at limiting the distribution of unwanted advertisements and free press and avoid over packing. As regards household waste, the Plan Walloon Horizon 2020 project emphasizes the use of resources in closed circuit, the potential of selective collection (develop and improve the efficiency) and an incentive communal pricing of the management department of household waste.

In Bulgaria, new regulations have been drafted during this reporting period and in the upcoming years Bulgaria will focus on providing the necessary infrastructure to treat bio-waste and gradually introducing systems for separate collection of bio-waste with a view to achieving the 2020 target for diverting biodegradable waste from landfills. The National Waste Management Plan for the period 2014-2020 includes the Programme for achieving targets and requirements for biodegradable waste, including bio-waste, which will be further implemented in the coming years.

In Croatia, it is envisaged to set up a public service for the collection of mixed municipal paper and textiles plus providing the separate collection and proper treatment of biodegradable municipal waste. Moreover, caps will be set on the amount of biodegradable waste sent to landfills, applying charges to the exceeding amounts. Also, non-compliant landfills will not be allowed to receive any waste after 2018.

In Cyprus, further adaptations include the construction of a new waste management plant that is expected to be operating by 2017. Moreover, several recent actions are reported: the installation of a network of Green Points, the promotion of separate collection at source and the construction works for the rehabilitation/restoration of old landfills.

Question 4(f): Which adaptations of the strategy are envisaged?

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In the Czech Republic, although major adjustments are not planned, it is expected that individual points will be further implemented. In particular, source segregation and supporting the market for bio-waste-related products.

In Finland, the Strategy was passed in 2004, complemented by 2008’s National Waste Plan, operating until 2016 (and a forthcoming National Waste Management Plan is reported to be in progress). The actions included in the National Waste Plan involve increasing the recovery and use of biogas (including landfill gas), as well as increasing the recycling and energy recovery of all biodegradable wastes. It includes a biodegradable waste prevention Programme. Implementation is undertaken through legislative measures, improving environmental permits, research, and providing supervision and guidance. Furthermore, the landfilling of almost all organic waste was banned since the beginning of the year 2016 according to the Long-term Climate and Energy Strategy of Finland (issued in 2008).

In Greece, the revision and revaluation of the National Strategy for the biodegradable waste, was completed in the framework of the new National Waste Management Plan, in accordance with the Waste Framework Directive (2008/98/EC), which was approved and published on 15-12-2015. The basic directions for the diversion of biodegradable waste, according to the new National Strategy for the biodegradable waste are the following: (a) promotion and application of coordinated prevention actions (information activities, financial instruments), according to the National Strategic Plan for Waste Prevention, (b) separate collection of biodegradable waste (especially bio-waste and paper), (c) construction of small decentralized recovery (composting, anaerobic digestion) facilities of separate collected organic waste and additionally the treatment of the remaining municipal waste in MBT units (d) the promotion of joint actions with other productive sectors (agriculture, livestock) for the co-management of biodegradable waste, (e) cooperation between the Regional Authorities for the construction of central treatment facilities.

In Hungary, the adaptations are focused on the use of the total capacity for composting (the current capacity is 250,000 tons, from which 50,000 tons are not being used yet, due to economic reasons related to logistics). The technological development and maintenance of the current capacities are necessary according to the National Waste Management Plan 2014-2020.

In Latvia, the implementation of the strategy is being evaluated within the framework of the information report on the implementation of the National Waste Management Plan for 2013-20. For the next reporting period the implementation of the strategy will be linked to the specific aid objective 5.2.1 ‘To promote the reuse, recycling and recovery of various types of waste’ of the Operational Programme ‘Growth and Employment’, under which support is planned from the EU Cohesion Fund to improve the system for the separate collection of waste, including biodegradable waste, and promote the recycling of waste, including biodegradable waste, at anaerobic digestion plants.

In Lithuania, the adaptations of the strategy are included in the National Waste Management Plan 2014-2020, currently in force. The Plan 2014-2020 establishes the following actions for the treatment of biodegradable waste: a) by 2030 all disposal of

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biodegradable waste and waste having energy value in landfills should cease; b) by 2016 the necessary capacity to treat mixed municipal waste and the biodegradable waste contained therein should be established; c) by 2018 a system for the separate collection of food/kitchen waste should be introduced and sufficient capacity for treating separately collected food/kitchen waste should be set up. By the second quarter of 2016 mechanical-biological treatment facilities should be set up. Annex 1 to the National Waste Management Plan 2014-2020 sets out the measures for attaining the targets and meeting the challenges relating to waste management, including biodegradable waste.

In Luxembourg a new national waste management plan is being prepared. There will be specific chapters on the management of bio-waste and wood waste. This chapter includes specific objectives and measures concerning food waste and the prevention of food waste. It was foreseen that since 1st April 2015 the separate collection of bio-waste had to be established in all Luxembourg municipalities. Also, the Grand-Ducal Regulation of 18th December 2015 on “chargeable reminders” provides for specific fines to those not collecting organic waste separately. The chargeable reminder is €49 for households and €145 for non-household waste. This also applies to the non-use of separate collection infrastructures for the recovery of, for example, wood waste and paper/cardboard waste.

In Poland, the national strategy for reducing the amount of biodegradable wastes landfilled was updated in 2016 in the context of the 2022 National Waste Management Plan, including the following actions:

increasing the effectiveness of source segregation, also with respect to biodegradable municipal waste;

directing mixed municipal waste to be processed at RIPOKs, e.g. at an MBT plant or a municipal waste thermal treatment plant (ITPOK);

increasing the effectiveness of the treatment of mixed waste in the mechanical part of the MBT process so that as much recoverable and recyclable waste as possible is generated instead of landfilling;

increasing the effectiveness of the treatment of mixed waste in the biological part of the MBT process so that the treated waste meets the requirements set for landfilling;

compliance with the landfill ban on segregated biodegradable waste; and

compliance with the landfill ban on mixed municipal waste.

Other adaptations planned include the obligatory introduction of systems for the separate collection of green waste and other bio-waste at source across all Polish municipalities by the end of 2021.

In Portugal, PERSU 2020 laid down the policy, guidelines and priorities for municipal waste managed through municipal waste management systems and in particular as regards the progressive elimination of the disposal of municipal waste in landfills, aiming at eradicating it by 2030. PERSU 2020 also keeps the goal of 35 % reduction in the disposal of biodegradable municipal waste in landfills.

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Romania includes some provisions on further actions in relation to biodegradable waste, but is not specific in relation an envisaged adaptation of the strategy. 27 compliant landfills are to be constructed through EU-financed projects, of which four are already existing landfills to be extended and 152 existing non-compliant municipal landfills will be closed.

In Slovakia, an update of the national strategy is planned for the period 2016 – 2020 in order to include home composting into the accounts of biodegradable waste treatment. A methodology is reported under consideration.

In Slovenia, two new plans were put in place during this period: the Operational Programme on Municipal Waste (OP RKO) was adopted in 2013 and the Programme on Waste Disposal and programme on prevention of waste in the Republic of Slovenia adopted in 2016. These include new measures such as the build-up of mechanical biological treatment plants, a waste generation prevention programme, further promotion of the separate collection of biodegradable waste and paper, cardboard and their efficient recycling, the promotion of household composting, a ban on the disposal of separately collected municipal waste fractions, etc.

In Spain, the National Plan for Waste Management 2016-2022 (approved in 2015) included the Spanish Strategy for the Reduction of Biodegradable Waste Deposited in Landfills. Several orientations there included are: increasing separate collection and the processing of materials obtained in specific facilities, ensuring that mixed waste is properly treated correctly, developing and using economic instruments that discourage landfilling.

In the United Kingdom, an evaluation of the Wales Waste Plan is being undertaken in 2016 in order to adopt the next Wales Waste Plan in 2017. The new plan will align the circular economy and zero waste principles in the context of the ‘Well-being Future Generations (Wales) Act 2015’. In Northern Ireland, the Strategy “Delivering Resource Efficiency” was published in October 2013, aimed at moving the emphasis of waste management from resource management to resource efficiency. The Strategy focuses on waste prevention, preparing for re-use and recycling including a number of legislative and policy proposals. In Scotland, Scotland’s Zero Waste Plan is reported to create a stable framework that encourages a Zero Waste Scotland by 2020. Within this strategy, stakeholders are brought together to work on several fields such as ecodesign.

Conclusion:

Most Member States (26) reported to have developed a national strategy for the reduction of biodegradable waste going to landfills and have provided information about the application of the strategy during this reporting period.

All Member States presented their national definitions for biodegradable waste and municipal biodegradable waste, which are very often close to the definition laid down in the Landfill of Waste Directive. Many Member States reported to have established a list of biodegradable waste.

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Most Member States reported experiences related to the practical application of the strategy. The most common ones were the reduction of organic waste going to landfill, but also experiences about separate collection and treatment, household composting and new treatment facilities (composting plants, biogas plants, mechanical-biological treatment, and incineration with energy recovery). In the majority of Member States the amount of biodegradable waste going to the landfill year by year has reduced in 2013-2015 according to the figures provided. In some of them, and due to the existence of a ban of bio-waste landfilling, the figures remain at zero tonnes landfilled.

From all reported practices, examples of good practice can be found in Austria, where stringent requirements are laid down regarding the quality of the waste to be landfilled, in particular regarding TOC limits. This strategy allowed Austria to achieve the objectives of Article 5(2) of the Landfill Directive in full since 2001. Moreover, in Wallonia (Belgium), the implementation of the fiscal policy as regards waste and the successive prohibitions of disposing certain waste into landfills also paid off, as well as the quantities disposed in landfills reduced considerably between 2006 and 2010. The strategy applied in Catalonia (Spain) has also been successful by combining the compulsory separate collection of bio-waste with an escalating tax on landfilling. It is also worth highlighting the incentives applied in Bulgaria: those municipalities meeting the targets on biodegradable waste landfilled are exempted from 50 % of the charges due for landfilling. In the Czech Republic separate collection of bio-waste is also compulsory, and in Denmark a general ban on bio-waste going to landfills applied since 1997 has reduced the amounts landfilled to a minimum. In Slovakia both a ban on the landfilling of bio-waste and the compulsory separate collection of bio-waste apply. It is also worth highlighting the strategies based on the application of a landfill tax. Several regions and Member States have applied such taxes, with very good results (among others United Kingdom, Ireland and Catalonia, Spain).

Not much progress has been reported since the 2010-2012 reporting period in terms of new strategies. The main change was that Croatia, in its first response to the Implementation Questionnaire, has informed the Commission that a national strategy has been developed. In Estonia, the strategies for the treatment and reduction of biodegradable waste were presented in documents prepared in 2004 and 2005 and entered into force in 2013.

The majority of Member States (19) have reported that they are in the process of adapting their strategies. It should be noted that according to the Directive there is no obligation to adapt strategies if they are already in place.

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3.5 Landfills for Hazardous Waste

From the Member States that responded in 2013-2015, 17 reported that 100% of hazardous waste landfills comply with the requirements of the Directive.

The following Member States reported different shares of non-compliant landfills: Finland (23/25, 92%), Germany (29/78, 37%), and the United Kingdom (25/93, 27%). Four Member States (Austria, Croatia, Ireland, and Luxembourg) reported that there were no landfills for hazardous waste. Cyprus reported the number of landfills (one) without mentioning whether or not it was compliant. Lithuania, did not provide figures on hazardous waste landfills. The Netherlands provided aggregated data so figures on landfills for hazardous waste could not be separately analysed.

A summary of the rest capacity and of the number of compliant, of closed and re-equipped hazardous waste landfills by Member State is provided in Table A - 4 (Appendix A.2.0).

Question 5.1: Indicate the total number of existing landfills for hazardous waste.

How many of these hazardous waste landfills comply with the directive?

How many hazardous waste landfills have closed (meaning no more depositing) since 16th July 2001?

How many hazardous waste landfills are re-equipped?

What is the total rest capacity (tonnes) of all hazardous waste landfills?

Under EU law, only safe and controlled landfill activities should be carried out in Europe. The Landfill Directive lays down standards to protect human health and the environment from the negative effects caused by the collection, transport, storage, treatment and disposal of waste. Under the Directive, operations at landfill sites that were in operation in 2001 should have ceased by 16th July 2009 unless they complied with EU standards designed to ensure that they operate safely.

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3.6 Landfills for Non-hazardous Waste

12 Member States that reported in 2013-2015 stated that 100% of landfills were compliant with the Directive. These were: Austria, Belgium, Denmark, Estonia, Hungary, Italy, Latvia, Lithuania, Luxembourg, Portugal, Slovakia and Sweden.

This excludes Bulgaria (38/122, 31%), Cyprus (2/4, 50%), the Czech Republic (114/153, 75%), Finland (90/92), Germany (322/1,401, 23%), Poland (438/442, 99%), Slovenia (38/71, 54%), Spain (206/208, 99%) and the United Kingdom (325/523, 62%).

Croatia, Greece, France, Ireland, Malta, Romania and the Netherlands did not provide information on compliant landfills.


Question 5.2: Indicate the total number of existing landfills for non-hazardous waste.

How many of these non-hazardous waste landfills comply with the directive?

How many non-hazardous waste landfills have closed (meaning no more depositing) since 16th July 2001?

How many non-hazardous waste landfills are re-equipped?

What is the total rest capacity (tonnes) of all non-hazardous waste landfills?

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3.7 Landfills for Inert Waste

12 Member States that responded in 2013-2015 reported 100% compliance for inert waste landfills. These were: Austria, the Czech Republic, Denmark, Finland, Hungary, Italy, Lithuania, Luxembourg, Poland, Portugal, Slovakia and Sweden.

Six Member States reported to be partially compliant: Belgium (10/12, 83%), Bulgaria (0/4, 0%), Germany (1,004/1,763, 57%), Slovenia (13/14, 93%), Spain (139/208, 67%) and the United Kingdom (255/349, 73%).

Croatia, Cyprus, Estonia, France, Greece, Ireland, Malta, the Netherlands and Romania did not provide figures on compliance. Latvia stated that there are no landfills for inert waste.


Question 5.3: Indicate the total number of existing landfills for inert waste.

How many of these inert waste landfills comply with the directive?

How many inert waste landfills have closed (meaning no more depositing) since 16th July 2001?

How many inert waste landfills are re-equipped?

What is the total rest capacity (tonnes) of all inert waste landfills?

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3.8 Other Landfills

Six Member States reported having landfills for ‘other’ waste. These were: Austria (505, no information on which ones were compliant), Belgium (one, compliant), Germany (nine, seven of them compliant), Greece (two, both compliant), Ireland (22, no information on which ones were compliant) and the United Kingdom (20, no information on which ones were compliant).

A summary of the rest capacity and of the number of closed and of re-equipped ‘other’ waste landfills by Member State refer to Table A - 7 (Appendix A.2.0).

Question 5.4: Indicate the total number of existing other types of landfill (where necessary, until the end of the transitional period, specify the type of landfill).

How many of these other types of landfill comply with the directive (where necessary, until the end of the transitional period, specify the type of landfill)?

How many of these other types of landfill have closed (meaning no more depositing) since 16th July 2001 (where necessary, until the end of the transitional period, specify the type of landfill)?

How many of these other types of landfill are re-equipped (where necessary, until the end of the transitional period, specify the type of landfill)?

What is the total rest capacity (tonnes) of these other types of landfill (where necessary, until the end of the transitional period, specify the type of landfill)?

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3.9 Cost of Landfill

All Member States (24) that submitted responses to the Implementation Questionnaire 2013-2015 reported that they have taken measures to ensure the provisions of Article 10 concerning the costs of landfilling are met.

France, Italy, Malta and Romania did not submit completed Implementation Questionnaires for the 2013-2015 reporting period, however from their responses to previous Implementation Questionnaires they appear to have also taken such measures.

From all reported practises, it is worth mentioning the United Kingdom, Ireland and Catalonia (Spain), whose landfill taxes have been a key driver to reduce the amount of biodegradable waste going to landfills. In the United Kingdom the tax has continually increased since its introduction in 1996 and currently stands at £84.40 per tonne for the standard rate and £2.65 per tonne for the lower rate (for inert waste).


In Austria, according to the national Waste Management Law AWG 2002 the authority issuing a permit has to make sure that an adequate financial “guarantee” is procured to ensure the conditions with regard to the closure and aftercare of the landfill are met. As a consequence, the landfill operator has to charge a certain level of fees for disposal in order to finance the operation according to the state of the art and the aftercare.

In Belgium, Flanders has adopted the obligation of the EU legislation and there are specific provisions on financial security within VLAREM II. In Wallonia, when applying for authorization to operate a landfill, the applicant must provide to the Administration the proposed rates for landfilling of each type of waste, which should cover a detailed list of 11 types of costs.

In Bulgaria, Article 15 of Regulation No. 8 introduces requirements for determining the costs of waste disposal. These must cover landfill construction, operation, monitoring, closure and aftercare for a period of at least 30 years. Article 60 of the Waste Management Act (ZUO) introduced a financial mechanism to ensure funds for the

Question 6: What measures have been taken to ensure that the provisions of Article 10 concerning the costs of landfilling are met?

Article 10 provides that Member States shall take measures to ensure that all of costs involved in the setting up and operation of a landfill site, including as far as possibly the costs of the financial security or its equivalent, and the estimated costs of the closure and aftercare of the site for a period of at least 30 years, shall be covered by the price to be charged by the operator for the disposal of any type of the waste in that site. Subject to the requirements of the Council Directive 90/313/EEC of 7th June 1990 on the freedom of the access to information on the environment Member States shall ensure transparency in the collection and use of any necessary cost information.

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closure and aftercare of the landfill site. Levies are charged, in accordance with Article 64(1) of the ZUO, for the disposal of waste at regional or municipal landfills for non-hazardous and construction waste. This measure is intended to reduce the amount of waste landfilled and promote waste recycling and recovery.

In Croatia, Article 19 of the Rules NN No. 114/15 regulates landfilling costs in accordance with the “polluter pays” principle, including the costs of landfill design, construction and rehabilitation; landfill operational expenses; special charges for environmental load from waste; and the estimated costs of landfill closure, aftercare maintenance and supervision for a period of 30 years after closure. The application for a landfill permit must be accompanied by a financial guarantee, ensuring proper environmental protection measures during aftercare.

In Cyprus, Article 10 has been transposed into national law by means of national Regulations 562/2003. The landfill fee must be approved by the competent authorities where the landfill is operated.

In the Czech Republic, Article 10 has been transposed into the national law in the Sections 21 (Special Provisions on Landfilling of Waste) and 45-52 (Economic instruments) of Act No. 185/2001 and Sections 10 and 11 of Implementing Decree No. 294/2005 on the conditions of landfilling of waste and use of waste on surface and below the surface. Besides transposition no details were provided.

Denmark referred to the response in the previous reporting period (2010-2012), which in turn referred to Sections 48 and 50 of the Environmental Protection Act (Consolidated Act No. 879 of 26th June 2010) and to Section 5(1), point 4, and Chapter 4 (Sections 8 -14) and paragraph 3 of Annex 1 to the Landfill Order. In this reporting period’s response it is pointed out that Consolidated Act No. 879 of 26th June 2010 was replaced by Consolidated Act No. 1189 of 27th September 2016. No details were provided, though.

For Estonia, no amendments to the 2007-2009 questionnaire are reported. In that response, it was reported that the measures to ensure the provisions of Article 10 (concerning the costs of landfilling) had been transposed in the Waste Act. The fees should cover the costs of the setting up, operation, closure and aftercare of disposal sites for 30 years. A financial guarantee is required to obtain a landfill permit (Section 91). The Environmental Charges Act lays down the charges. The funds collected are then invested in environmental measures, including the construction and cleaning up of the landfills. According to the European Environment Agency report on landfill taxes,64 Estonia's landfill gate fee rose by 700% in the decade to 2006. In 2015, the tax rate was €24.86 per tonne.65

In Finland, Article 10 has been implemented in the Waste Act (646/2011) and the Environmental Protection Act (86/2000). According to Section 21 of the Waste Act, costs

64 European Environment Agency (2009), Diverting waste from landfill. Effectiveness of waste-management policies in the European Union, EEA Report, No 7/2009. 65 Source: OECD Database on Policy Instruments for the Environment, https://pinedatabase.oecd.org

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related to setting up, use, closure and aftercare (for a period of at least 30 years) of the landfill should be considered and included in the fee, plus a financial guarantee as required in the permit, according to the Environmental Protection Act, Section 43a. According to the EEA report on landfill taxes, Finnish gate fees also rose considerably, as a consequence of the Landfill Directive. When the tax was introduced, in 1996, it was €15 per tonne of waste. 66 In 2016, it was €70 per tonne.67

In France68, compliance with Article 10 was ensured by Decree No. 2000-404 of 11th May 2000 on the annual report on the cost and quality of the public waste disposal service. ADEME (the French Environment and Energy Management Agency) had also set up a national observatory on landfill costs, to collect and distribute information on the costs and prices of municipal waste disposal.

In Germany, the information provided in the First Report of the Federal Government still applies, however further implementation details were not provided.

In Greece, the cost of landfill regarding operation and extension works should be covered by the price charged for the disposal by the Waste Management Bodies. The cost of closure and aftercare is deposited in the form of a financial guarantee, prior to the initiation of operation of the landfill (Article 12 of JMD 29407/3508/2002).

In Hungary, measures concerning costs of landfill are Article 25 (1) Point c) of Act No. XLIII of 2000 on Waste Management; Article 47 (3) of Act No. XLIII of 2000 on Waste Management; Article 6 of Decree of the Minister for Environment and Water No. 20/2006 (IV.5.) KvVM on Rules and Criteria of Landfilling and Landfill Sites. No further detail on implementation was provided.

In Ireland, in accordance with the provisions of Section 53(A) of the Waste Management Acts 1996 to 2008, the licensee shall ensure the costs involved in the setting up and operation of the facility, as well as the costs of closure and aftercare (including financial grant costs) for a period of at least 30 years (post closure) shall be covered by the price to be charged for the disposal of waste at the facility. The EPA has developed a dedicated financial model to facilitate and streamline the reporting of compliance with Section 53(A). In addition, the EPA hosted a workshop in 2012 to disseminate the model and explain reporting requirements.69 Landfill operators are required to fully complete the financial model, and submit this to the EPA annually.

In Italy70, the measures related to costs were set out in Article 15 of Legislative Decree No. 36 of 13th January 2003. This Article stated that the landfill gate fees must cover the

66 European Environment Agency (2009), Diverting waste from landfill. Effectiveness of waste-management policies in the European Union, EEA Report, No 7/2009. 67 Source: OECD Database on Policy Instruments for the Environment (https://pinedatabase.oecd.org). 68 Response provided by the Member State to the Implementation Questionnaire 2004-2006. 69 Full information available at http://www.epa.ie/enforcement/landfillgatefees. 70 Response provided by the Member State to the Implementation Questionnaire 2004-2006.

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costs of building and operating the facility, the costs incurred in the provision of financial security, the estimated costs of closure, and the costs of aftercare.

In Latvia, household waste disposal is regulated by local authorities in accordance with the Law on Regulators of Public Utilities. The cost of waste disposal at landfills is set in accordance with Cabinet Regulation No. 1/1 of 9th March 2011 on the methodology for calculating public service tariffs in sectors regulated by local authorities. The cost of hazardous waste disposal is set in accordance with Cabinet Regulation No. 235 of 3rd April 2012 on procedures for determining the costs for disposing of hazardous waste in landfills.

In Lithuania, the costs of waste disposal per ton of waste and per inhabitant are set up in the Rules on the establishment, operation, closure and aftercare of landfills (Order No. 444 of 18th October 2000, complemented by Government Resolution No 711 of 24 July 2013). A landfill project must include the necessary investments, operating costs and costs of closure and aftercare for a period of at least 30 years. Local charges for waste collection and management should equal the costs of the waste management system, including the costs of closure and aftercare of waste disposal facilities (Order No. 722). During the reporting period a new piece of legislation has been passed regarding the costs of landfilling (Government Resolution No. 711 of 24th July 2013). The resolution includes a methodology for calculating the amount of fees and other contributions relating to the collection of municipal waste, which takes into account the full cost of landfilling.

In Luxembourg, Article 10 has been transposed into the national legislation in Article 11 of the Grand Ducal Regulation of 24th February 2003. The obligation to provide a financial guarantee is fixed by Article 33 of the Law of 21st March 2012 on the management of waste. No further detail on implementation was provided.

In Malta71, the cost for landfilling was estimated at 30 €/t excluding VAT. A substantial part of this true cost was reflected in the rate charged for the deposit of waste at the landfill, which was 20 €/t excluding VAT. The difference was phased in over a period of 3 years (until 2012) to ensure that the true cost for landfilling was met. The costs for disposal were laid down in the Deposit of Waste and Rubble (Fees) (Amendment) Regulations (LN382/09).

In the Netherlands, Article 8.36(f) of the Environmental Management Act requires landfill operators to set rates at a level that cover the costs. Moreover landfill levies have been applied.

Poland referred to its response in 2004-2006 where it was reported that regulations require landfill managers to take into account the costs of construction, operation, closure, reclamation, control and monitoring of the landfill site when setting tariffs.


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Portugal referred to its response in the previous reporting period (2010-2012): Articles 10 to 12 of the Government Decision No. 349/2005 transposed Article 10. Local authorities should ensure that the costs of constructing, operating, closure and aftercare of a municipal waste landfill shall be covered by the price for the disposal charged by the operator. The landfill operator shall establish a “Fund for the closure and aftercare of the landfill”. Business operators that produce industrial waste and operate their own landfills shall keep accounting records for costs relating to setting up, operating and closing the landfill. According to the amendment to Article 24(3) of the Landfill Act introduced by Decree-Law No. 84/2011 of 20th June 2011: “The guarantee must be established with an authorised financial institution in the European Union or the European Economic Area, and must be independent, unconditional and irrevocable, payable on first call by the licensor within three days”.

In Romania72, Article 10 was transposed by Articles 10, 11 and 12 of Government Decision No. 349/2005. The local administration authorities are responsible to ensure that the costs of construction, operation, closure and aftercare of a municipal waste landfill shall be covered by the fees charged by the landfill operator. The landfill operator shall establish a “Fund for the closure and aftercare of the landfill”. Business operators that produce industrial waste and operate their own landfills shall keep accounting records for costs relating to setting up, operating and closing the landfill.

In Slovakia, the financial resources for closure, re-cultivation and monitoring of landfills and for works related to accident prevention or accident consequences are generally defined in Article 22 of the Waste Act. Financial resources are kept in a separate bank account and the landfill operator transfers annual fee to the special purpose financial reserve until 31st January of the following calendar year. Waste disposal fees are regulated by Act No. 17/2004 Coll. on fees for waste disposal.

In Slovenia, the requirements of Article 10 of the Directive were transposed into Article 15(6) and Article 22(6) of the Decree on the Methodology for Forming Prices of Municipal Environmental Protection Services under a Public Service Obligation. Landfill charges must cover all costs related to the construction and operation of the landfill, the financial guarantee under the regulation governing waste disposal, the projected costs of decommissioning the landfill, and the costs of environmental protection measures after decommissioning for a period of at least 30 years. The requirements regarding the financial guarantee are laid down in Article 41 and Annex 9 of the Decree on the Landfill of Waste (OGRS, 61/2011).

In Spain, Article 11 of Royal Decree 1481/2001 includes the requirements applicable to waste disposal costs under Article 10 of the Directive. Article 8 of Royal Decree 1481/2001 (applications for authorisation) lays down the minimum documentation to be submitted with an application for authorisation of a new landfill, which should include an economic analysis demonstrating compliance with Article 11 of the Royal Decree. It is


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also required that landfill operators submit an updated economic analysis at least once every five years. Meanwhile, Article 20(4)(c) of Law 22/2011 of 28th July 2011 requires waste managers to obtain an insurance policy or provide an equivalent financial guarantee for hazardous waste landfills, and Article 23(2) of Law 22/2011 also states that authorisations relating to waste disposal operations may be subject to the provision of a deposit or other financial guarantee. Furthermore, the response includes a list of specific measures taken at regional level.

In Sweden, the polluter pays principle is used in practice (Chapter 15, Section 35 of the Environmental Code). Landfill charges should cover all the costs, including starting and operating the landfill, and as far as possible, all costs necessary for fulfilling the obligations of the landfill. The operator must ensure an after care period of at least 30 years, or for a longer period decided by the supervisory authority (Section 33 of the Ordinance (2001:512). The same Section refers to the financial guarantees (Chapter 15, Section 34 of the Environmental Code)).

In the United Kingdom, for England and Wales Article 10 has been transposed by Schedule 10, paragraph 5(1)(f) of the Environmental Permitting Regulations 2010. The Environment Agency’s Landfill Sector Guidance Note suggests ways in which costs can be assessed, considering a period of at least 30 years for aftercare. Operators are required to ensure a financial reserve for the costs of closure and aftercare. In Scotland the Regulations (13 of the 2003 and 4 of the 2000 Regulations) require from the operators to show financial provision (including closure and aftercare) prior to granting a licence, and to maintain provision during operation. Similar requirements apply in Northern Ireland.

Conclusion:

All Member States (28) reported measures to ensure that the provisions of Article 10 concerning the costs of landfilling.

A consequence of the Directive has been a considerable rise in the cost of landfilling in a number of countries, including Estonia and Finland. Most Member States reported that landfill charges cover all costs including those derived from aftercare for which operators must grant a financial guarantee.

No significant changes have been reported since the 2010-2012 reporting period in terms of cost of landfilling, with the exception of Lithuania that has passed a new piece of legislation regulating the calculation of the costs of landfilling.

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3.10 Aftercare of Closed Landfills

All reporting Member States (24) have reported on measures introduced to avoid adverse environmental effects of closed landfills.

France, Italy, Malta and Romania have given a general description of the adopted measures in previous responses.


In Austria, measures concerning aftercare are prescribed in the permit of the landfill installation. The waste authorities can claim the closure of a landfill site if the permit conditions are not accomplished. The closure can also be claimed if the landfill operator fails to provide a financial guarantee. The landfill owner remains responsible for the follow-up and possible environmental impacts of the landfill.

In Flanders (Belgium), landfill closure and aftercare are covered in Articles 5.2.4.5.1 to 5.2.4.5.4 of VLAREM II. A landfill, or a part of it, is considered completely finished if the supervisory authority (after carrying out a final on-site inspection and after the evaluation of all reports made available by the operator) has drawn up an official report on the definitive closure of the landfill. After a landfill has been definitively closed, the operator shall remain responsible for its maintenance, monitoring and control in the aftercare phase for as long as may be required by the licensing authority, taking into account the time during which the landfill could present hazards. In Wallonia, the obligations for landfill managers are similar to those in Flanders. Furthermore, in regards to territory planning, at the end of its operation the landfill site becomes an area called green space, or an area generally not devoted to urbanisation. The restrictions regarding animal husbandry and growth of cultures are also provided. In Brussels Capital Region, Decree of 18th April 2002 is responsible for closed landfills where either biological activity or groundwater pollution might occur. In this case, the regional authority carries out studies of sub-soil, subterranean water and possible emanation issues of the landfill. If biological activity persists, an environmental permit shall be requested by the land managers so that IBGE can lay down the appropriate management conditions, particularly regarding monitoring and management of gas and leachates.

Question 7: Give a general description of the measures provided to avoid adverse environmental effects of the closed landfills pursuant to Article 13?

Article 13 lays down conditions that have to be met in order for a landfill to start the closure procedure, as well as for it to be considered as definitely closed. After that, the operator shall be responsible for its maintenance, monitoring and control (including landfill gas, leachate and groundwater) for as long as may be required by the competent authority, taking into account the time during which the landfill could present hazards. The operator shall notify the EN 177 EN competent authority of any significant adverse environmental effects revealed and shall take corrective measures as appropriate.

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In Bulgaria, Articles 42 to 44 of Regulation No. 6 regulate the procedures for landfill closure and the procedures for site maintenance and aftercare. A landfill is considered closed when a written confirmation from the competent authority is issued to the operator after on-site inspection and assessment of the implementation of the landfill closure plan. The landfill’s closure is formalised into a plan that addresses the dismantling of facilities and the surface sealing of the landfill through technical and biological cultivation. Landfill operators are responsible for monitoring the landfill sites during the aftercare period.

In Croatia, the operator is responsible for aftercare operations, implementation of prescribed measures for preventing adverse environmental impacts and control after closure, as set out in the landfill permit (Article 21 of the Rules on the methods and conditions for the landfill of waste, categories and operational requirements for waste landfills (NN No. 114/15)). The operator should report annually to the competent body. In the event of adverse environmental impacts, the operator should notify the competent body so that corrective measures can be undertaken in time. During the aftercare period, the operator should ensure that maintenance and protection, regular checks of the landfill body status, performance of the landfill control referred to in Annex 4 of these Rules, and landfill supervision are carried out.

In Cyprus, according to the national legislation, the operator is obliged to follow all the provisions of Article 13 of the Regulation 562/2003 and Article 13 of the Landfill Directive. According to the Waste Law the operator must have a licence where relevant terms are set to ensure the protection of the environment and human health.

In the Czech Republic, Article 13 has been transposed into several pieces of national legislation, however the specific measures were not specified.

Denmark referred to the response provided in the previous reporting period (2010-2012), where Sections 30 (supervisory authority), 31 (sanctions) and 33 of the Landfill Order and paragraph 13 of Annex 1 and paragraph 14 of Annex 2 to the Landfill Order where pointed to provide information on landfill closure and the aftercare procedures in place without sharing further details.

Estonia reported no amendments to the response for the 2004-2006 reporting period. In that response Estonia reported that closure and aftercare plans vary according to the volume of the landfill, whilst taking into account the site’s original environmental impact assessment. For smaller landfills, with approval from the issuing authority of the landfill permit, simple methods may be used: shaping the landfill body to reduce the area of cells, compression, slanting the point of deposit and covering the landfill body with earth. For larger landfills, or those with a significant environmental impact, an aftercare treatment plan is drawn up, which includes monitoring. If limit values are exceeded the landfill operator must implement the necessary environmental protection measures. An amendment to the Waste Act, pending at the time of reporting (2007) and not confirmed afterwards, stated that the aftercare plan should last 30 years.

In Finland, according to the Environmental Protection Act (86/2000) landfill sites should hold an environmental including the necessary provisions concerning the closure and

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aftercare of the landfill, such as remediation of the area and prevention of emissions (Section 43), whereas stipulations on the terms for aftercare are set in the Environmental Protection Decree 713/2014, Section 16. The specifications included in the permit could be amended if any of the provisions result substantially different from those foreseen. In the Åland Islands the operator is responsible for controlling the landfill site during the whole aftercare period, which includes analysing landfill gas, leachate and groundwater (Regulation on Landfill of waste 2007:3 paragraph 23).

In France73, measures for closed landfills for non-hazardous, hazardous and inert waste are specified in the legislation. In 2007-2009, closure and aftercare of landfills was conducted in accordance to the methodology laid down by ADEME. The methodology contained an environmental impact assessment and it is also applied in case of illegal landfills.

Germany referred to information provided in the First Report of the Federal Government. Moreover it was reported that the provisions for closure and aftercare of landfills were included in Articles 10 (closure), 11 (aftercare) and 12 (measures for the control, reduction and prevention of emissions, nuisances and hazard) of the new Landfill Ordinance. No further details were supplied.

In Greece, the aftercare period is 30 years. Rehabilitation consists of the three following stages: surface sealing, leachate collection and treatment, construction –if not existing– of gas collection systems and soil covering using vegetal surfaces.

In Hungary, the Inspectorate obliges the operator to close the whole or a part of the landfill by a term appointed if the conditions determined in the permission are not fulfilled. The operator is responsible for maintenance, monitoring, and controlling of the closed landfill. Annex to the Decree No. 20/2006 (IV.5.) KvVM comprises the tasks to be performed and their frequency during the aftercare period. The Inspectorate determines the necessary duration of the aftercare. During the aftercare period, the operator is obliged to inform the Inspectorate about the observed environmental pollution, to cease the pollution, and to execute the orders from the authorities for elimination of environmental hazards.

In Ireland, in 1999, the Environmental Protection Agency published a Guidance Manual on Landfill Restoration and Aftercare, which provides guidance on all aspects of landfill restoration and aftercare. The Manual deals with restoration design, after-use, soils and soil handling operations, vegetation establishment and the management and the production of site specific restoration and aftercare management plans. The maintenance requirements of the environmental pollution control systems and on-going monitoring requirements during the aftercare period are also outlined. Closure issues are covered in conditions of licences, whereas Local Authorities deal with historical sites through their Waste Management Plans.


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In Italy74, guidance for new landfills was laid down in Article 13(1) of Legislative Decree No. 36. It includes compliance with the requirements of relevant plans for post-operative management and environmental recovery, which should be submitted with the original site permission application. For existing landfills, measures must be indicated in the upgraded plans pursuant to Article 17(3) of Legislative Decree No. 36.

In Latvia, technical details for the rehabilitation of closed landfills are regulated according to the type of landfill or types of wastes accepted (Regulation No. 1032). Measures are reported in detail, among which cultivation, drainage and soil sealing are included. Aftercare might last from 20 to 30 years according to the environmental condition of the landfill, according to provision laid down in Annex 5 to the Regulation.

In Lithuania, Rules on the establishment, operation, closure and aftercare of landfills approved by Order No. 444 of the Minister for the Environment of the Republic of Lithuania of 18th October 2000, establish the cases in which a landfill or a part of it is considered closed. In the response, the parameters of the protecting layers, drainage and other technical actions to be summarised in the technical closure plan are detailed. The Environmental Impact Assessment ensures the potential risk to the groundwater, surface water, soil, etc. are taken into account.

In Luxembourg, the aftercare procedures are defined by the national legislation (Article 14 of the Grand Ducal Regulation of 24th February 2003 on landfills) and the licensing decrees related to landfill operation. Also, additional requirements on the development of the site are provided by the Minister for Sustainable Development and Infrastructure and the Minister for Labour.

In Malta75, there were three landfills in the phase of the rehabilitation (at Magħtab (closed in 2004), Qortin (closed in 2004) and Wied Fulija (closed in 1996). This first phase included the installation of gas wells drilled and connected to a regenerative thermal oxidiser where the collected gases were treated at high temperature.

In the Netherlands, Articles 8.47 to 8.51 of the Environmental Management Act stipulate that measures must be taken to ensure landfills do not cause adverse environmental effects and that the greatest possible protection is provided against such effects, particularly soil protection. Landfill operators must draw up an aftercare plan, which is subject to approval by the responsible authority (Articles 15.42 to 15.49 of the Environmental Management Act). There exist an aftercare fund fed by the landfill levy, which cover several of the aftercare costs. Chapter 6 of the Implementing Regulation for the Landfill (Soil Protection) Decree contains rules on closed landfills, such as the frequency for the monitoring (every six months) of the quantity and composition of the leachate and surface water.


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In Poland the response given in 2004-2006 is reported to be valid. So, reclamation measures form part of the process of closing a landfill or some part of it, and these ensure that the landfill does not impact negatively on surface water, groundwater and air. Monitoring of the landfill must be carried out by the landfill’s managers for 30 years after closure. This involves measurements of precipitation, settlement of the surface of the landfill, volume of flows and composition of surface waters, volume and composition of leachate, levels and composition of groundwater, emissions and composition of landfill gas. The landfill manager should send the results to the regional environmental protection inspector on an annual basis.

In Portugal the response to the 2007-2009 Questionnaire is reported to be valid. There, it was indicated that the conditions for the closing of landfills and the final inspections and analysis are detailed in the national legislation. During the closure and post-closure phases, the operator is obliged to maintain and monitor the landfill and to adopt measures to prevent pollution in accordance with BAT. He is also responsible for implementing relevant programmes imposed by the licence issuing body.

In Romania76, Article 13 of Landfill Directive was transposed by Articles 22 to 25 of Government Decision No. 349/2005. Closure projects must be drawn up in accordance with Government Decision No. 349/2005 and the technical rules on the landfill of waste; they are subject to the EIA (Environmental Impact Assessment) procedure. The National Environmental Guard checks compliance with the measures specified in the statutory documents issued by the environmental protection authorities.

In Slovakia, at landfills for non-hazardous waste a surface insulation must be built, containing a degassing layer/cap applied. Hazardous waste landfills are capped with a plastic insulation layer, insulation mineral layer, drainage layer, and a cover layer. When a certificate of landfill closure is issued, the landfill is considered definitely closed and the operator must ensure its monitoring and control for the period of between 30 and 50 years from the date of issuing the certificate on landfill closure. The measures are also defined in Sections 7 and 8 of Decree No. 372/2015 Coll.; Section 19 of Act No. 79/2015 Coll.; Section 97(13) of Act No. 79/2015 Coll. and Section 8(4) of Decree No. 372/2015 Coll.

Slovenia reported that requirements, in line with those laid down in the Directive, were transposed in Articles 50 to 53 of the Decree on the Landfill of Waste (OGRS, 61/2011). Moreover the administrative procedure following landfill closure is detailed. Hazardous and non-hazardous landfill have an aftercare period of 30 year, whereas for inert waste landfills it is 10 years. However, no specifics about the measures in place are given.

In Spain, Article 13 has been transposed into the national law as Article 14 of the Royal Decree 1481/2001. The aftercare period must be at least 30 years. The operators have to follow the aftercare plan including the control and monitoring. Article 8 of Royal Decree


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1481/2001 states that the landfill project on which the authorisation is to be based must include a plan for closure procedures and aftercare maintenance. The cost of this plan shall be used to calculate the deposit or equivalent financial guarantee to be provided by the operator. The law does not lay down general technical requirements for sealing layers following site closure arguing that there is not one best technical solution applicable to all cases. The requirements for site closure should be decided taking into account the specific circumstances of the installation. In addition to national legislation some Autonomous Communities have their own general regulation regarding landfill closure and aftercare.

In Sweden, Section 33 of the Landfill Ordinance provides that operators must ensure the necessary maintenance, monitoring and control measures are taken for the protection of human health and the environment for a period of at least 30 years, or longer if specified by the supervisory authority. Operators must submit an annual environmental report describing the main environmental impacts. Chapter 22, Section 25a of the Environmental Code indicates the contents to be included in a landfill permit. Chapter 25a, Section 4p of the Code sets out the conditions for the closure of a landfill site.

The United Kingdom: In England and Wales, the closure requirements of the Landfill Directive are transposed via paragraph 5(1)(i) of the Environmental Permitting Regulations 2010. The site closure plan must ensure the monitoring of leachate, groundwater and landfill gas, etc. The guidance “Understanding the Landfill Directive” describes the closure process and the responsibilities of the operator (remedial actions and closure plan) and to the obligation to notify the Environment Agency of any significant adverse environmental effects. In Scotland the operators submit the closure plans in accordance with Regulation 17 and Schedule 4 of the 2003 Regulations including plans for the monitoring of leachate, gases, surface and groundwater where sampling frequencies and other details are provided. In Northern Ireland the closure and aftercare procedures in regulation 15 and Schedule 3 of the Landfill Regulations (NI) 2003 apply to all landfills. The submission of Closure Plans incorporating risk assessments and management plans for leachate, landfill gas and all other potential emissions to air, land and water is required.

Conclusion:

All Member States (28) reported having introduced measures to avoid adverse environmental effects of the closed landfills.

The most common type of measures reported were the same as in the previous period: closure plans set in permits and verified by the competent authority and the continued responsibility of the operator for maintenance, monitoring and controlling of the closed landfill to prevent any negative impacts to the environment and human health.

From all reported practices, Sweden offered an example of good practice since operators must submit each year an environmental report describing the main environmental impacts derived from the operation.

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No significant changes have been reported as compared to the 2010-2012 reporting period. Finland and Slovakia reported to have passed new pieces of legislation.

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3.11 Description of Planning Procedure for Landfills

23 Member States that responded in 2013-2015 reported on the planning procedure for landfills with regards to Annex I, Section 1 (location of the landfills). The Netherlands did report that has sufficient capacity for the landfill of waste and, consequently, the establishment of new landfills or the expansion of existing sites has not been approved during the reporting period.

France, Italy, Malta and Romania reported on their planning procedures for landfills in their responses to previous reporting periods.


In Austria, details on suitability of the location should be included in the applications for permits for landfill facilities. This implies that the suitability of the location based on criteria such as distance from residential areas, geology, hydrogeology etc. and relevant conditions (e.g. geological barrier) need to be proven in permit applications. The requirements for the landfill sites are laid down in Article 21 of the Landfill Ordinance 2008.

Belgium: In Flanders, the planning procedure for landfills is laid down in law by VLAREM II Article 5.2.1.4. For example, the presence of nearby residential and recreation areas, etc. should be taken into account. In Wallonia, the suitability of landfill locations is assessed according to the plan approved by the Walloon Government on 1st April 1999, as reported in previous Questionnaires.

In Bulgaria, the requirements concerning the planning procedure of landfills are set out in Regulation No. 7 of 24th August 2004 on the requirements to be met by sites for waste-treatment facilities. Article 3 of Regulation No. 7 defines the land-use plan including studies like investment project, Environmental Impact Assessment approval of the authorities, integrated permit, permission for construction, service of the landfill. Article 9(1) of the Regulation No. 7 conforms to the technological parameters and location of the landfill (underwater, nature protection zones, etc.) Article 9(2) of the Regulation No. 7 defines where the landfill site is not permitted.

Question 8: Give a short description of the planning procedure for landfills with regard to Annex I, Section 1 (location of the landfill).

Section 1 of Annex I sets out general requirements to be taken into consideration for the location of a landfill including relationship to residential and recreational areas, hydrological and geological conditions, distance to water bodies, risk of flooding and protection of nature conservation sites. The landfill can be authorised only if the consideration of these requirements, or the corrective measures to be taken, indicate that the landfill does not pose a serious environmental risk.

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In Croatia, the planning procedures regarding landfill location (Annex I, Section 1 of the Directive) is addressed to new landfills, for which conditions and location selection are regulated by physical planning documentation and regulations, procedures falling under the competence of the Environmental Impact Assessment and Industrial Pollution Sector, by Annex I of the Rules on the methods and conditions for the landfill of waste, categories and operational requirements for waste landfills (NN No. 114/15) and regulations on the sanitary protection of spring wells.

In Cyprus, the criteria set out in Annex I were considered for the construction of one landfill (the district of Paphos and Larnaca/Ammochostos). All the parameters taken into consideration were evaluated using a Multi-criteria Decision Support System together with GIS system.

In the Czech Republic, landfill construction plans are subject to the permitting procedure under Act No. 183/2006 on town and country planning and building code (the Building Act). The land-use planning procedure is described in detail in this Act. Landfills do not fall under a separate procedure in this Act.

Denmark referred to its response in the previous reporting period where it was indicated that the location of new landfills is decided according to the rules laid down in the Planning Act (Planning Act, cf. Consolidated Act No. 587 of 27th May 2013) and the Environmental Impact Assessment Order (Order No. 1510 of 15th December 2010 on the assessment of the environmental impact of certain public and private constructions (EIA) pursuant to the Planning Act). In the 2013-2015 response, it is noted that Consolidated Act No. 587 of 27th May 2013 was replaced by Consolidated Act No. 1529 of 23rd November 2015, and that Consolidated Act No. 1510 of 15th December 2010 was replaced by Consolidated Act No. 957 of 27th June 2016. No further details on the planning procedure were provided.

Estonia reported no changes to its response in the 2004-2006 questionnaire. There it was reported that the Directive’s requirements, as set out in Annex I, Part 1, were translated into requirements for the location of landfill sites within Section 7 of the Estonian Regulation on landfilling. Moreover, landfill sites should have an operational phase of at least 25 years. The distance from the landfill to other buildings must ensure that environmental nuisances are minimised, being at least 300 metres. There must be no water, sewage, heating or gas pipes or electricity or communication cables passing through the landfill and no overhead transmission lines passing over the cells. Various locations should be compared when selecting the location of the landfill, an environmental impact assessment should be carried out and published.

In Finland, the planning procedure is included in the environmental permit according to the Environmental Protection Act (527/2014), so the suitability of landfill locations is examined prior to the issuing of the permit. This applies to landfills for municipal waste and sludge with annual capacity over 20,000 tones, other landfills with annual capacity of over 50,000 tones, and smaller landfills where there is a risk of significant environmental effects. In the procedure, several optional locations for the landfill should be assessed and compared, including not building the landfill. General requirements for the location of landfill sites were set in Section 4 of the Government Decision on Landfills

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(331/2013), so that landfill sites may not be located on certain areas such as those where groundwater is suitable for water supply, at waterways, in the sea, etc.

In France77, landfill location is governed by rules set out for ‘classified installations’. It should be supported by an impact study, which must be enclosed along with the application for authorisation. The criteria for site selection are set out separately, within different Decrees for hazardous waste, non-hazardous waste and inert landfills. For hazardous landfills the choice of site must be supported by an in-depth geological and hydrological study. The location of landfills must be compatible with higher level plans for waste disposal; plans for regional or inter-regional plans for disposal of special industrial waste and departmental/inter-departmental plans for the disposal of household or similar waste, for hazardous and non-hazardous waste respectively.

Germany referred to the information provided in the First Report of the Federal Government without giving further details.

In Greece, the criteria are considered during the Environmental Impact Assessment Study requires for the environmental permit, as regulated by Law 3010/2002.

In Hungary, the planning procedure corresponds with the Directive’s plus additional criteria laid down in the Integrated Permitting Procedure. The landfill has to be in accordance with the regional waste management plans, regional and local development plans, local building code, national building and planning requirements. The landfill can be constructed only in industrial zones or outskirts. The distance between the boundary of the landfill and residential areas, inhabited building(s), protected natural areas or agricultural regions is stipulated by the Environmental Inspectorate. In case of landfills of hazardous waste it shall be no less than 1,000m.

In Ireland, the Waste Management Plans prepared by local authorities include details of the sites for landfill facilities either in the form of specific locations or through a series of site selection criteria for non-hazardous landfills. The Environmental Protection Agency must have regard both to the content of the Waste Management Plans and to the prescribed requirements of the Landfill Directive.

Italy78 reported that details on landfill planning are set out in points 1.1 and 2.1 of Annex 1, to Legislative Decree No. 36 of 13th January 2003, and that they comply with the Directive.

In Latvia, the planning procedure is described in the Cabinet Regulation No. 1032 and must be in coherence with the land use plan of the local authority. The operator must elaborate a feasibility study for the construction of the landfill. The technical design should include the results of the engineering surveys, the attesting of the ownership or usage rights, a local authority agreement, a plan of the location, a topographical map and a planning and architectural assignment.


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In Lithuania, the landfill construction must be in line with regional and municipal waste management plans (Official Gazette, 1998, No. 61-1726; 2002, No. 72-3016; 2012, No. 50-2445) and the Rules on waste management (Official Gazette, 2011, No. 57-2720). Detailed plans and projects of landfills are drawn up in accordance with the county’s general territorial plan or specific plans. The project should include an Environmental Impact Assessment and a financial plan. The location and the distance from residential buildings, natural zones (water bodies, mineral springs, and forests) are precisely defined according to the Section 1 of the Annex 1.

In Luxembourg, landfills for hazardous and non-hazardous waste do not follow any specific procedures, besides compliance with criteria defined in the Grand Ducal Regulation of 24th February 2003 on the landfills, Act of 21st March 2012 on the management of waste and the law of 10th June 1999 on classified establishments. However in the case of landfills for inert waste the location of a new landfill site must follow specific provisions included in the Grand Ducal Regulation of 9th January 2006 on landfills.

In Malta79, the planning process is subject to the Development Planning Act (Cap. 356). In the case of hazardous and non-hazardous landfills, an Environmental Impact Assessment must be carried out in line with the requirements of the EIA Regulations (LN114/07). The EIA procedure demands the alternative locations for the proposed landfill. Decisions to approve an application are taken by the Malta Environment and Planning Authority in line with procedures established pursuant to the powers vested in Malta Environment and Planning Authority by the Development Planning Act. The operator needs to submit an IPPC in line with procedures of the IPPC Regulations (LN234/02).

The Netherlands’ report states that, since there is sufficient capacity for the landfill of waste during the planning period of the National Waste Management Plan, approval will not be granted for new landfills or for expanding existing locations. However landfill operators are allowed to exchange their capacity. No description of the planning procedure for landfills were provided in this or previous reports.

In Poland, landfill location must be included into regional waste management plans. Landfills cannot be located: near major groundwater basins and main useful aquifers; in protected areas around national parks and nature reserves; in forest with a conservation value; in river valleys and other water bodies; in actual or potential flood risk areas; in landslip and sinkhole areas, including those resulting from karst events, and in avalanche areas; in land inclined at more than 10°. In addition there are further requirements that restrict the location to all landfills except for inert waste landfills.

Portugal reported not to have amendments to the response given for the 2007-2009 period: landfill location should consider the distance from the boundary of the residential areas, the local geological and hydrogeological conditions and the


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surrounding area, the local area of groundwater, coastal water or protection zones, the risk of flooding, subsidence, landslides or avalanches, protection of the natural or cultural heritage (Point 1 of Annex I to the Decree-Law). To obtain a permit, the applicant needs to apply for a confirmation about the compatibility of the landfill location with the management tools in the area from the Regional Environment Body (Article 16).

In Romania80, Section 1 of Annex I was transposed by section 1 (‘General requirements for locating and designing landfills’) of Annex 2 to Government Decision No. 349/2005 containing the general criteria for designing and building the landfill. The criteria on the location depend on the urban plans, geologic and hydro-geologic conditions, protection of nature and human health, etc. Any proposed site must be assessed. Landfill construction projects are subject to the EIA procedure.

In Slovakia, the requirements of Annex I, section 1 are defined in Article 24 of the Decree No. 283/2001 Coll on Implementing Certain Provisions of the Act on Wastes. All criteria of Article 24 shall be respected during the selection of sites for landfill.

In Slovenia, the requirements of Annex I, Section 1 have been fully transposed in Articles 25 (restrictions related to the location of the landfill) and 26 (protection of human health) of the Decree on the landfill of waste (OGRS, 61/2011). A detailed list of requirements is provided regarding those places where landfills cannot be located, including: water protection zones, areas with certain geological conditions, areas protected under cultural heritage regulation, residential areas, etc.

In Spain, the procedure during the planning stage involves the technical-economic study for the best location of the landfill. Also, an EIA regarding the protection of nature, public waters, etc., which imposes limitations or restrictions. There are no general nation-wide requirements regarding minimum distances from towns or cities, roads, etc. In some regions, limitations or recommendations are applied with regard to minimum distances from urban or forestry stands. Some Autonomous Communities have their own general regulation regarding planning procedure, in addition to the basic national legislation. The response provides a detailed list of examples of regional procedures.

In Sweden, the applicant should demonstrate that the location requirements laid down in Section 18 of the Ordinance (2001:512) on the landfill of waste are met. When a new landfill is planned, an environmental impact assessment must be carried out and several alternative potential sites considered. The assessment can cover various aspects such as the impact on cultural and natural assets and local plans for the area. An integrated assessment should be undertaken considering the local plans and the potential impact of the landfill on health and the environment in order to choose the location which minimises these impacts.


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The United Kingdom: In England and Wales, the planning procedure is set down in Schedule 10, paragraph 5(1)(d) of the Environmental permitting Regulations 2010 in line with Article 8 of the Landfill Directive. Landfills are subject to the need for separate planning permission under Town and Country Planning legislation. In Scotland, Regulation 5 refers to the requirement for permission under the procedure outlined in the Town and Country Planning (Scotland) Act 2006. In Northern Ireland regulation 5 and Schedule 2 of the Landfill Regulations (NI) 2003 sets out the requirements related to landfill location. Location is evaluated on a case-by-case basis, and in the light of other planning instruments. Furthermore consultations with stakeholders and local communities are carried out.

Conclusion:

23 Member States reported having included planning procedures into their waste management plans and national legislation pursuant to Section 1 of Annex 1 to Landfill Directive in 2013-2015. Only the Netherlands have reported not to have a description of the planning procedure for landfills, but this is because the country already has sufficient landfill capacity.

Common requirements in planning procedures include minimum distances from urban land, roads and natural assets and the absence of certain geological conditions. The suitability of landfill location is often addressed through environmental impact assessments and included in the permits.

Good practices are found in in Sweden, where it is the responsibility of the operator to demonstrate that the location requirements laid down in the landfill regulations are met. When a new landfill is planned, an environmental impact assessment must be carried out and several alternative potential sites considered. The assessment can cover various aspects such as the impact on culture and natural assets and the plans the local authority has for the area. The potential impact of the landfill on health and the environment along with local authority's plans are assessed in order to pick the site where impacts are minimised. In the United Kingdom, consultations with stakeholders and local communities are undertaken during landfill planning procedure.

No significant changes have been reported since the 2010-2012 reporting period in terms of including new planning procedures into the waste management plans and national legislation. In Denmark, new legislation related to planning procedures was noted.

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3.12 Technical Requirements for Water Control and Leachate Management

All Member States (24) that responded in 2013-2015 reported to have introduced technical measures to ensure that the requirements of Annex I, Section 2 (on water control and leachate management) are met.

France, Italy, Malta and Romania reported on the measures they had in place for the technical requirements of landfills in previous reporting periods.


In Austria, Landfill Ordinance 2008 defines relevant requirements in Articles 29, 30 and 38. Water flows should be diverted from landfill facilities. After closure of landfills, all landfills have to be covered by a surface sealing which prevents, as far as possible, the intrusion of precipitation water. The collection of contaminated water and leachate and their treatment have to be carried out according to the provisions defined in Article 30(4).

Belgium’s response regarding Flanders refers to the written notification of the detailed transposition table of all provisions of Directive 1999/31/EC of 1st July 2002 (Ref: P11/550-2035). VLAREM II Article 5.2.4.4.5 and Article 5.2.5.6.2 set out the technical measures relating to pollution prevention, collection of the contaminated water, leachate, emission, etc. This act bundles the environmental conditions under which a facility can be exploited, particularly considering permitting and restrictions during exploitation. In Wallonia, measures are integrated in AGW 27.02.03 and have the following objectives: limiting the quantities of water infiltrating the mass of waste disposed in the landfill; preventing surface or subterranean water from infiltrating into the waste disposed in the landfill; collecting the contaminated water and the leachates; and treating contaminated water and the leachates.

In Bulgaria, Article 16(1) of the Regulation No. 8 establishes that landfill projects should undertake specific investments related to, among other issues, water control and leachate management. These are specified in the environmental permits for landfill

Question 9: Give a general description of the technical measures provided to ensure that the requirements of Annex I, Section 2 (water control and leachate management) are met.

Section 2 of Annex I lays down the general requirements for water control and leachate management. The measures shall be taken to control water from precipitation entering into the landfill body; prevent the surface water and groundwater from entering into the landfilled waste; collect and treat the contaminated water and leachate according to the appropriate standards. These provisions may not apply to landfills for inert waste.

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operation and include drainage facilities, membranes and when required, installing leachate treatment facilities.

In Croatia, Annex I of the Rules NN No. 114/15 requires landfills to take measures for the collection of rainwater, the prevention of surface and/or groundwater coming in contact with the deposited waste, and the collection and treatment of contaminated water and leachate. The landfill bottom must be situated at least one metre above the highest groundwater level. The landfill base, at least in the area of the landfill body, must be geologically and hydrogeologically uniform and of such geological structure so as to ensure protection of the soil and protection against surface and groundwater pollution. Protection of soil, groundwater and surface water is to be achieved by the combination of a geological barrier (landfill base) and a bottom liner during the operational/active phase and by the combination of a geological barrier (landfill base) and a top liner during the passive phase/post closure.

In Cyprus, sampling and monitoring of the inflow and outflow of ground and surface water are undertaken at the landfills of Paphos and Larnaca/Ammochostos (landfill under construction). Surface water collection systems were already installed.

In the Czech Republic, there are technical standards (Section 3 of Implementing Decree No. 294/2005 – reference to ČSN 83 8033) applied to the concentration, removal, collection and quality control of landfill leachate and to the structures which are used to carry out these activities. No further information was supplied.

Denmark referred to the response included in the previous Questionnaire (2010-2012) where it was reported that, according to point 8 of Annex 1 and points 4 - 7 of Annex 2 to the Landfill Order (No. 252 of 31st March 2009), landfill applications must include ‘information on water control and leachate management’ in accordance with the requirements set out in paragraph 2 of Annex I to the Landfill Order (regarding water control and leachate management) for the purposes of substantiating that the Directive's requirements have been met. Paragraphs 4-7 of Annex 2 to the Landfill Order also stipulate that the approval authority must lay down conditions in the environmental approval of a landfill to comply with the Order's (and the Landfill Directive's) requirements concerning water control and leachate management.

Estonia reported no amendments to the response given in the 2004-2006 questionnaire. There, it was reported that rainwater should be prevented to enter the landfill site whereas surface and ground water should be diverted. Landfills should be covered and provided with a drainage system. For example, the Orissaare landfill (now closed) was covered with a plastic sheet. Leachate should be properly collected and treated. The landfill operator should take regular samples of rainwater, leachate, surface water and ground water and send the results to the environmental service.

In Finland, the most common methods of environmental impact control are drainage in order to collect and manage surface water and leachate; bottom, cover and vertical sealing structures; covering and landscaping; and snow ploughing in spring. Water treatment methods used were filtration and absorbance of the landfill water (used at 83 landfills), leachate treatment on site at waste water treatment plant (at 38 landfills), and

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diversion and treatment of surface waters and leachate. In the Åland Islands, when applying for a permit, the operator should submit a technical plan to be approved by the authorities.

France81 noted that there was no new information available further to that provided in the 2001-2003 reporting period. No information was provided in subsequent reports either.

Germany referred to the information provided in the First Report of the Federal Government which continues to be valid. The requirements for the sealing systems are defined in Article 3 of the new Landfill Ordinance in connection with Annex I DepV; the control of the leachate has to be carried out according to Article 12(3) No. 1 of the Ordinance in connection with Annex 5.6 DepV. No description of the technical measures was provided.

In Greece, the technical requirements are described in the environmental permit of each landfill. The water control and leachate management includes: control of precipitations, achieved by appropriate compaction of wastes and soil covering; prevention of surface waters entering the landfill body, achieved by the construction of peripheral drainage trench system; collection of contaminated water and leachate by the construction of leachate collection network; treatment of leachates. Leachates are collected through a collection network and are led to the treatment plant. The treated effluents can be used either for onsite irrigation or for recirculation in order to keep the appropriate humidity conditions in the waste body.

In Hungary, several protection layers are required. At the bottom of the landfill a leachate system is fixed. On top, a first percolation layer which in turn consists of two layers. An insulation layer, the collecting and draining system, the filtering and protecting layer (natural or synthetic) and (in specific cases) a second percolation layer are one by one set up over the percolation layer.

In Ireland, Municipal Solid Waste licences issued by the EPA include standard conditions with respect to leachate management, including leachate collection systems, leachate abstraction wells, leachate level monitoring, a lined lagoon for the storage of raw leachate prior to treatment, a lagoon for the storage of treated leachate, a leachate treatment plant and an automated control system for the control of leachate flow and monitoring.

Italy82 reported that within Annex 1 of Legislative Decree No. 36 it is stipulated that a landfill must be planned with appropriate measures to ensure effective wastewater and leachate management. At non-hazardous and hazardous waste landfills, rainwater runoff must be diverted away from the landfill perimeter using appropriate channelling; the leachate and waste water must be appropriately captured, collected and treated for the


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lifetime of the landfill and for a period of not less than 30 years from the date the landfill is closed.

In Latvia, the technical measures are specified in Regulation No. 1032. Paragraph 18(2.2), which defines water management, collecting and conveying system, insulation layers (different thickness for different kind of landfills), surface and groundwater contamination monitoring etc. Paragraph 26 pursues the leachate collection system, equipped with a piping and pump system. The leachate can be used for spraying the waste on the landfill.

In Lithuania, rules on the establishment, operation, closure and aftercare of landfills (Order No. 444 of 18th October 2000) seek to minimise infiltration of precipitation into the landfill; prevent surface water and groundwater from entering into the landfilled waste; and ensure the contaminated water and leachate and their treatment. Before it is discharged into surface water bodies, the water must comply with the requirements of the Environmental Regulation LAND 10-96 ‘Wastewater pollution standards’. Thickness and material of the membranes and drainage system are defined and varies between the non-hazardous and hazardous waste landfills.

In Luxembourg, the technical measures undertaken to ensure water control and leachate management basically consist of exploitation of the landfill in phases, applying waterproof layers, which in turn allow leachate collection and treatment.

In Malta83, the planning process is subject to the Development Planning Act (Cap. 356). In the case of hazardous and non-hazardous landfills, an EIA must be carried out in line with the requirements of the EIA Regulations (LN114/07). The operator also needs to submit an IPPC in line with procedures of the IPPC Regulations (LN234/02).

In the Netherlands, detailed rules on the undersealing of landfills, geo-hydrological measures, and over-sealing are in place and described by several specific Guidelines. The underseal must protect the soil as intended by these Guidelines. Above the underseal and below the waste layer there must be an intermediate layer of gravel (at least 0.2 metre thick) to interrupt the capillary action. A supporting mat should be placed between the gravel layer and the waste layer. The material used for the underseal must not contain substances that can contaminate the soil. The requirements of the Guidelines on geo-hydrological insulation and the draft procedure for groundwater monitoring must also be met. The over-seal must provide a level of soil protection equivalent to that intended by the Guidelines on impermeable final completion.

In Poland the response for the 2004-2006 period is still valid. There, it was reported that the following technical measures are required to ensure water control and proper leachate management: precipitation measurements carried out at the landfill site or in a representative meteorological station; creating an external system of drainage canals around landfill sites that prevents surface and ground water from flowing into the site;


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equipping landfill sites with a leachate drainage system designed in such a way as to ensure it works reliably during the period the landfill’s operation and for at least 30 years after its closure; and the collection of landfill leachate and its proper treatment.

Portugal reported that the response to the 2007-2009 Questionnaire still applies: according to Point 2 of Annex I to the Decree-Law, the conditions of the landfill must prevent the pollution of air, water, groundwater and surface water. Every landfill should have a passive and active environmental system, the rainwater drainage system and a system for drainage and collection of leachate. The technical parameters of these systems vary for the different types of landfills. For example, conditions for inert waste landfills require a thinner geological barrier than landfills for hazardous waste.

In Romania84, Section 2 of Annex I was transposed by section 2.1 (‘Water control and leachate management’) of Annex 2 to Government Decision No. 349/2005. Measures must be taken to prevent water from entering the landfill body and to collect contaminated water and leachate (including leachate treatment). Inert waste landfills can be excluded from such measures. The technical measures are included in the technical rules on the landfill of waste. The environmental permits contain measures on water control and leachate management that are specific to each case. The National Environmental Guard checks compliance with the measures specified in the statutory documents issued by the environmental protection authorities.

In Slovakia, requirements include precipitation water and leachate control and management, prevention of surface and ground water leaching into the landfill corpus, draining and collecting leachate, treatment of leachate collected from the landfill so as to reach the levels for its discharge into the sewage system, appropriate recipients, or transport of leachate to an appropriate waste water treatment plant. Landfills must provide soil, surface and ground water protection through a geological barrier or artificial insulation of the landfill bottom along with insulating and covering after its closure. Landfills must have draining systems in place for surface water, including draining systems containing a leachate collection tank.

In Slovenia, the requirements of Annex I, Section 2 to the Directive have been transposed in full in Articles 28 (Requirements for leachate), 32 (Requirements relating to the discharge of leachate), 33 (Sealing) and 35 (Requirements related to rainwater) of the Decree on the Landfill of Waste (OGRS, 61/2011). A detailed list of requirements is provided, for example: the leachate of a landfill site must be at least geologically and hydrogeological uniform and of such geological structure that the protection of ground, groundwater and surface water against pollution is ensured; the artificial layer of mineral soil must not be less than a half meter thick; leachate from landfill which is directly or indirectly drained into waters or public sewage must be processed in accordance with the regulations on the emission of substances in the drainage of leachate from waste landfill.


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In Spain, in general, the measures are adopted on a case by case basis. Typical measures include controlling water from precipitation entering into the landfill body; prevent surface water and/or groundwater from entering into the landfilled waste; collect contaminated water and leachate; and treat contaminated water and leachate collected from the landfill. Landfill leachate is treated either at a plant situated within the facility, at a nearby wastewater treatment station or by an authorised waste manager at an external plant. Treatment methods include biological treatment with activated sludge followed by clarification, physio-chemical treatment in a reactor followed by clarification, filtration (in some cases ultra-filtration), reverse osmosis, etc. In the case of water discharge into a public watercourse, conditions and limits are established by the competent authority (the relevant water body) and detailed in the landfill's authorisation. In dry regions the recirculation of leachates back into the landfill is still performed. The response includes a list with regional examples.

In Sweden, drainage systems must be installed to prevent the impacts of landfills on groundwater and surface water (Section 23 of the Ordinance 2001:512 on the landfill of waste). Also, a collection system for leachate must be put in place and leachate must be treated and safely discharged (Section 22 of Ordinance). Leachate treatment is set in accordance to the permit, based on the best available techniques laid down in Chapter 2, Section 3 of the Environmental Code. The surface and groundwater are analysed upstream and downstream the site. Monitoring ranges from daily to monthly samples depending on the parameter.

The United Kingdom: in England and Wales, the Environment Agency’s Landfill technical guidance recommends several measures, e.g. at the design stage to designing surface water collection systems, at the operational stage measures such as capping cells or a management of groundwater or leachate. An engineering and environmental protection system should be developed. In Scotland the Requirements are set out in Schedule 3, paragraph 2 of the 2003 Regulations. Contaminated water is collected, treated and discharged in accordance with the Management Plan and the requirements of Schedule 11 of the Regulations. In Northern Ireland the requirements are set down in Schedule 2, paragraph 2 of the Landfill Regulations (NI) 2003. PPC permits contain the requirements for water control and leachate management (e.g. leachate collection, treatment and disposal systems).

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Conclusion:

All Member States (28) reported having undertaken technical measures to ensure that the requirements of Annex I, Section 2 (on water control and leachate management) are in place. The most common measures were drainage systems to collect surface and groundwater, the collection and treatment of leachate and cover and vertical sealing structures.

In comparison to the previous reporting period, only Belgium has added new information (on Wallonia) as compared to the previous report where only measures in Flanders were discussed.

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3.13 Technical Requirements for Inert Waste Landfills

18 Member States that responded in 2013-2015 reported general or specific requirements as set out in Annex I for inert waste landfills (Austria, Belgium, Bulgaria, Croatia, Denmark, Germany, Greece, Hungary, Ireland, Lithuania, Portugal, Luxembourg, Poland, Romania, Slovakia, Slovenia, Spain, and the United Kingdom).

The response of the Czech Republic was inconclusive. This question does not apply to Estonia, where there are no inert waste landfills.

Cyprus, Finland, Latvia, the Netherlands reported not having general or specific requirements for inert waste landfills. In the case of Cyprus, the Member State has announced that all requirements of Annex I will be taken into consideration when inert landfills are constructed.

Based on responses in previous reporting periods, it was reported that Italy, Malta85 and Romania also have such requirements in place.


In Austria, for inert waste, a basic drainage system is obligatory according to Article 28 of the Landfill Ordinance 2008.

In Belgium, in the case of Flanders VLAREM II Article 5.2.4.1.7 sets specific criteria for inert waste landfills. These rules were included in the Flemish Government Decree of 1st June 1995 concerning general and sectorial provisions relating to environmental safety (amended). In Wallonia, groundwater monitoring of a landfill for inert waste is less restrictive than landfills for hazardous and non-hazardous waste AGW 27.02.2003 Appendix 4B.

In Bulgaria, general requirements have been provided, whereas certain requirements are not applied to inert waste landfills (e.g. preventing water from accessing the landfill site, collecting and leachate). Also, groundwater levels are allowed to be less than one meter and geo-membranes are less stringent than for other landfill types.

85Mepa.org.mt, (2015). MEPA - Malta Environment & Planning Authority. [online] Available at: http://www.mepa.org.mt/LpDocumentDetails?syskey=364.

Question 10: Have general or specific requirements as set out in Annex I been provided for inert waste landfills?

Annex I of Council Directive 1999/31/EC of 26th April 1999 sets out the general requirements for all classes of landfill regarding location, water control and leachate management, protection of soil and water, gas control, nuisances and hazards, stability and barriers.

http://www.mepa.org.mt/LpDocumentDetails?syskey=364

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In Croatia, there are general requirements regarding permeability and geological barriers of the landfill base and sides, which can be excepted if it is prescribed otherwise according to specific regulation on water protection.

In Cyprus, there are not inert waste landfills complying with the Directive yet. It is reported that all requirements of Annex I will be taken into consideration when new landfills are constructed.

The Czech Republic’s reply referenced its national legislation (Section 3(2)(a) of Implementing Decree No. 294/2005, by way of a reference to technical standard ČSN 83 8030 Waste Landfilling of waste – Basic conditions for designing and construction and point 5 of Annex 4 to Implementing Decree No. 294/2005) without providing further detail on implementation.

Denmark referred to the response provided for the previous reporting period (2010-2012). That response specified that the Landfill Order (No. 252 of 31st March 2009) requires that all types of landfills (including landfills for inert waste) are equipped with liners and leachate collection systems. Only where it can be documented that leachate formed from landfilled inert waste can comply with Denmark's quality criteria for groundwater (in case of landfill sites not situated near the coast) and surface water criteria (in the case of sites near the coast), can landfills for inert waste be set up without a liner and leachate collection system.

In Estonia there are currently no inert waste landfills.

In Finland, there is no specific requirement at national level, although in the Åland Islands the permit authority may make exceptions from the regulation when it is assessed to be safe for the environment, although there have not been such exceptions so far.

France86 referred to legislation on landfilling rather than specifying how these requirements are applied to inert landfills.

In Germany, all requirements set for landfills also apply to inert waste landfills. However, in accordance with the Directive no sealing is required. The competent authority may allow exemptions from certain provisions for the establishment or operation of inert waste landfills.

In Greece, the general requirements for the construction of inert waste landfills have been set in the Joint Ministerial Decision (JMD) 114218/1997 and in the JMD 29407/3508/2002 "Measures and terms for the landfill of wastes".

In Hungary, the Environmental Inspectorate stipulates the minimum distance to keep between inert waste landfills and existing residential areas, or those designated by the general settlement plan(s), as well as inhabited building(s), protected natural areas, or agricultural regions. Regular monitoring activities check leachate percolated through the


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landfilled waste, the bottom sealing with a drainage layer and a mineral layer (k ≤ 10-7 m/s; thickness ≥ 1 m) and the surface layer.

In Ireland, the licences may contain some engineering-related exemptions applicable to inert waste facilities.

Italy87 reported that general or specific requirements of Annex I had been applied to inert waste landfills.

Latvia reported no specific requirements for inert waste landfills.

In Lithuania, according to Order No. 444 of the Lithuanian Minister for the Environment of 18th October 2000, only inert waste may be disposed of at inert waste landfills. The permeability coefficient at these landfills must not exceed 10-7 m/s while the thickness must be at least one meter. A separate cell should be constructed and marked with warning signs if it contains asbestos.

In Luxembourg, water control and leachate management conditions are not required for inert waste landfills, although if geological barrier conditions (Annex 1, 3.2 of the Directive) are not met, acceptance criteria become more stringent.

In Malta88, exemptions are applied to inert landfills. General requirements are set out in the Waste Management (Landfills) Regulations (LN168/02) and its amendments; specific requirements for inert landfills are set out in detailed site specific permits that are a requirement for the operation of every inert waste landfill.

The Netherlands reported no specific requirements for inert waste landfills.

In Poland the response provided for the 2007-2009 period is reported to be applicable. So, landfills for inert waste must meet the requirements laid down in Annex I apart from those relating to the collection and treatment of leachate.

Portugal reported the response to the 2007-2009 Questionnaire to be valid: legislation contains general requirements for the design of landfill to control emissions and protect soil and water, also applicable to landfills for inert waste. Landfills for inert waste must have a passive environmental protection system, with a thickness and permeability coefficient as well as supporting installations and infrastructures. On the other hand, landfill closure systems of this type must provide for a final cover layer consisting of earthy materials thicker than 1 metre.

In Romania89, landfills for inert waste are exempted from the requirements concerning water monitoring and leachate management.

Slovakia reported that the requirements for landfills for inert waste are set out in accordance with Annex I of the Directive.

87 Response provided by the Member State to the Implementation Questionnaire 2004-2006. 88 Response provided by the Member State to the Implementation Questionnaire 2007-2009. 89 Response provided by the Member State to the Implementation Questionnaire 2007-2009.

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In Slovenia, the national Decree on the landfill of waste (OGRS, 61/2011) incorporated the requirements of the Directive with regard to the construction and operation of inert waste landfills. The ministry may establish whether these general requirements should be met at specific landfill for inert waste, at the time of issuing the environmental permit. Article 34 of the Decree on the Landfill of Waste also contains an exemption in relation to inert landfills, stating that regardless of the provisions of Articles 31 (requirements to make a landfill floor leak-proof), 32 (requirements regarding leachate drainage) and 33 (covering of a landfill) of that Decree, the ministry may permit a landfill not to have a leak-proof floor, drain leachate or have a covering whose surface prevents leaks if it does not have harmful effects on groundwater or surface water.

In Spain no general requirements specifically apply to inert waste landfills, apart from those established in Annex I to Royal Decree 1481/2001, which match with those established in Directive 1999/31/EC. The Autonomous Communities have no general or specific requirements for inert waste landfills either, except for: Galicia (water and leachate collection networks are required to control rainwater and leachate) and Castile-La Mancha (requires the waterproofing of the landfill floor depending on the type of landfill, installation of control observation pipes, fencing around the site, a leachate collection and storage system). Catalonia has its own legislation in relation to permeability, drainage, operation, sealing and control.

In Sweden, the requirements regarding location are the same for inert waste landfills as for other landfill sites (Section 18 of the Ordinance (251:512) on the landfill of waste). Point 2 of Annex I has not been applied to landfill sites for inert waste.

The United Kingdom: In England and Wales there are not specific requirements for inert waste landfills. The requirements of Annex 1 Section 2 (water control and leachate management) are not applied to inert landfills and those from Annex 1 Section 3 may be reduced on the basis of an assessment of environmental risks. Further guidance has been provided by the Environmental Agency, specifying, for example, that leachate does not need to be collected, there is no requirement for a bottom sealing liner and instead a geological barrier is required. In Scotland, there are not specific requirements for inert waste landfills. These requirements are included in the permit, as in the case of Northern Ireland.

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Conclusion:

The majority of Member States (18) reported having general or specific requirements as set out in Annex I for inert waste landfills during the reporting period (2013-2015). It is worth mentioning that inert landfills are often exempt from leachate collection and other monitoring measures.

Four Member States (Cyprus, Finland, Latvia and the Netherlands) reported not having such requirements in place.

No significant changes occurred across Member States since the previous reporting period with regards to technical requirements for inert waste landfills.

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3.14 Reduction of Technical Requirements

12 Member States (Austria, Belgium, Croatia, Denmark, Finland, Germany, Hungary, Lithuania, Luxembourg, Poland, Spain, the United Kingdom) reported that the requirements from paragraphs 3.2 and 3.3 have been reduced or can be reduced for certain landfills, and 12 Member States (Bulgaria, Cyprus, the Czech Republic, Estonia, Greece, Ireland, Latvia, the Netherlands, Portugal, Slovenia, Slovakia and Sweden) responded that the requirements have not been reduced.

Based on the responses submitted to previous reporting periods, it can be said that France, Italy and Malta had reduced the requirements from the paragraphs 3.2 and 3.3 in Annex I for certain landfills, while Romania’s had not reduced the requirements.

The answers from the Member States giving further details are summarised below:

In Austria, the continued operation of an existing landfill with a vertical enclosure may be allowed in specific cases after carrying out a risk assessment.

In Wallonia (Belgium), reductions may have occurred for landfills whose permits were issued prior to 2000, after an evaluation process. In Flanders, no reductions were reported.

In Croatia, reductions exist for those landfills for inert waste where, if properly prescribed in accordance with a special regulation on water protection, there are not adverse impacts on the quality of soil, groundwater and surface water.

Denmark referred to the response given in the previous Questionnaire (2010-2012). According to that response, the requirements have been reduced for certain landfills for landfills located outside areas where groundwater is of special interest as drinking water and for landfills situated in areas where groundwater is of interest as drinking water but where abstraction of drinking water does not take place downstream from the site. In paragraph 3.4.2.3 of Annex 2 to the Order, additional provisions include landfills where inward groundwater pressure is granted (reduced requirements concerning their landfill liner, geological barrier and leachate collection system if it has been demonstrated to the relevant approval authority - on the basis of an environmental impact assessment - that the landfill in question will not adversely impact the area surrounding the landfill).

Question 11: Have the requirements set out in Annex I, paragraphs 3.2 and 3.3 been reduced for certain landfills? If yes, give general information on these landfills.

Annex I sets out the general requirements for all classes of landfill. Paragraph 3.2 establishes which conditions have to meet the landfill to be a safe geological barrier. Paragraph 3.3 sets specific requirements for the leachate collection and sealing system. Member States may choose to reduce the requirements if, on the basis of an assessment of environmental risks, the competent authority decides that the collection and treatment of the leachate is not necessary or it has been established that the landfill poses no potential hazard to soil, groundwater or surface water.

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Finally, the Landfill Order also provides that the thickness of the drainage and protection liner (above the floor liner) may be reduced at all landfill classes, whereby paragraph 3.5 of Annex 2 to the Landfill Order requires the drainage and protection liner to be in any case at least 0.3 m thick.

In Finland, the requirements concerning the landfill base and sides have been reduced for 12 landfills for non-hazardous waste and one landfill for hazardous waste. The requirements concerning the leachate collection and surface sealing system have been reduced at 71 landfills (two hazardous wastes, 69 non-hazardous wastes). The reasons for the reductions were the limited environmental effects of these landfills. In addition, the hydrogeological conditions and other environmental effects of the landfill areas have been considered, as well as the type of waste disposed of. For example at one landfill area the natural geological conditions were similar to those required by the Directive for the bottom structures. In other cases, alternative structures have been used: on the surface sealing the impermeable mineral layer has been replaced by a bentonite mat and the drainage layer has been replaced by a drainage mat.

In France90, specific provisions are foreseen when the storage of waste is intended to one single category of hazardous waste. In this case, landfills should follow the technical, environmental and health and safety approval from the Article 13 and 25 Decree of 30th December. The authorisation for this type of storage must be approved by the Higher Council. One authorisation was issued in 2009.

Germany referred to the First Federal Government Report, which is still applicable. These requirements are included in §§ 3 and 10 respectively in conjunction with Annex I DepV. No specifics were provided.

In Hungary, if the environmental impact assessment concludes that the landfill has no potential hazard to the underground and geological and water systems and to the air, the Inspectorate can reduce the requirements according to the Ministerial Decree No. 20/2006 (IV.5.) KvVM, for example, in terms of the thickness of the leaching system.

Italy91 responded affirmatively to the question without providing further details.

In Lithuania, the requirements have been reduced for several long-lived small and medium-sized landfills according to an environmental assessment.

Luxembourg reported that reductions are generally applied to inert waste landfills where certain geological conditions are met.

In Malta92, the requirements of paragraphs 3.2 and 3.3 are strictly imposed to all hazardous and non-hazardous landfills. In the case of inert landfills, it was established that it is not necessary to implement all the requirements following an assessment of the

90 Response provided by the Member State to the Implementation Questionnaire 2007-2009. 91 Response provided by the Member State to the Implementation Questionnaire 2004-2006. 92 Response provided by the Member State to the Implementation Questionnaire 2007-2009.

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risks that inert landfills pose on groundwater, which applies for limestone quarries used as inert waste landfills once excavation activities are finished.

In Poland, landfills for inert waste were exempted from the requirements of paragraph 3(3) in Annex I to the Directive as regards the collection and treatment of leachate.

In Spain, according to Royal Decree 1481/2001, the competent authorities may, when issuing a landfill authorisation, adopt different or less stringent requirements than those established in paragraphs 3.2 and 3.3 of Annex I to Directive 1999/31/EC, applying Section 3(5) of Annex I to Royal Decree 1481/2001 regulating waste disposal by landfill, which is in line with paragraph 3.4 of Annex I to Directive 1999/31/EC. The following Autonomous Communities have reduced the requirements: Asturias, Galicia, La Rioja and the Basque Country.

In the United Kingdom, the requirements of paragraphs 3.2 and 3.3 of Annex I to the Directive can be reduced. In England and Wales, the Environment Agency may allow reductions on the basis of a risk assessment demonstrating the collection and treatment of leachate is not necessary, or the landfill poses no potential hazard to soil, groundwater or surface water. In Scotland they are transposed via Schedule 3 paragraph 3(8) of the Landfill (Scotland) Regulations 2003. Schedule 2 paragraph 3(8) of the Landfill Regulations (NI) 2003 allows for the reduction of these requirements in Northern Ireland. In England and Wales there are eight permits that allow up to three times higher limit values (five of these were issued prior to the reporting period, one was issued in 2008 and two in 2009). In Scotland two permits were issued under this provision in 2007, none have been issued since and neither of the sites issued with Permits in 2007 has actually made use of the provision. No permits were issued in Northern Ireland and Gibraltar under this provision.

Conclusion:

Paragraph 3.4 of Annex I provides for the reduction of the requirements in paragraphs 3.2 and 3.3 depending on the basis of an assessment of environmental risks. 15 Member States reported having reductions, whereas 13 have reported no reductions of the requirements. Belgium and Luxembourg have reported a change regarding the previous period: in both Member States, reductions have been during the 2013-2015 reporting period whereas they were not previously.

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4.0 Summary

4.1 Concluding Remarks

This section summarises the progress that Member States have made in implementing the Landfill Directive, and highlights key changes since the previous reporting period.

4.1.1 Transposition into National Law

Question 1 – Transposition

All Member States have provided the Commission with details on their laws, regulations and administrative provisions introduced to incorporate the Directive into national legislation.

17 Member States reported changes in the transposition of the Landfill Directive into national legislation during the reporting period. These changes consist of new laws and regulations, as well as amendments to the existing pieces of legislation.

Only six Member States indicated precisely where each provision of the Directive has been transposed.

Belgium and the United Kingdom were the only Member States to report on provisions made by regional entities.

Question 2 – Use of landfill gas

All (24) reporting Member States reported to have taken measures to provide for the collection, treatment and use of landfill gas in 2013-2015.

Many Member States reported that they carry out energy production from landfill gas only when “feasible” or “economical”; otherwise the gas is flared.

For those countries reporting data series (i.e. the Netherlands, Poland and Sweden), the quantities of landfill gases collected and treated have decreased in the reporting period, except for the gases flared in Sweden which experienced a slight increase.

There has been little change since the 2010-2012 reporting period. Some Member States have increased their overall number of landfills collecting and treating gas (e.g. Finland) but others have decreased their number and its energy extraction and use (e.g. The Netherlands and Sweden).

The Czech Republic and the United Kingdom have gone further than other Member States with regards to this question by classifying landfills into three categories (Czech Republic) and by publishing technical guidance for gas management (United Kingdom).

Also it is worth to take into account those Member States that have restrictions on biodegradable waste landfilling (e.g. Germany, Austria), since these restrictions have a positive effect on landfill gas management.

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Question 3 – Minimisation of Nuisances and Hazards

All Member States reported to have incorporated measures to minimise nuisances and hazards arising from the landfill through emissions of odours and dust, wind-blown materials, noise and traffic, birds, vermin and insect, formation and aerosols, and fires.

Reported measures mainly included location requirements, treatment of waste before deposit (e.g. biological stabilisation, treatment of leachate, etc.), covering or fencing of landfills, collection of gas and pest control.

Some progress has been made since the 2010-2012 reporting period in terms of reporting the adoption of any new measures to minimise nuisances and hazards: Bulgaria has passed a new regulation that introduces requirements regarding the minimisation of nuisances and hazards; Wallonia (Belgium) has passed a new Decree laying down conditions for the operation of landfills; and Denmark and Finland have passed new Environmental Protection Acts that include relevant provisions in relation to operation of landfills.

Question 4 – Waste Acceptance Criteria and Procedures (Annex II)

All Member States (28) have reported having lists or criteria for waste acceptance at each landfill class and that these have been notified to the Commission in the period 2013-2015.

Several regulatory improvements have been reported during this period for the cases of Wallonia (Belgium), Bulgaria, Croatia, Finland, Poland, and Spain.

From all reported practices, the following are highlighted as good practice: in Wallonia (Belgium), by defining further categories of non-hazardous waste, landfills are able to better manage their waste volumes within landfill sites; in Slovenia, keeping electronic records of waste operations and assessments improves the closure and aftercare process, preventing environmental impacts.

Question 5 – Collection of Meteorological Data

All Member States reported on the collection method for meteorological data related to landfills.

Some Member States provide little information on the type of data collected and the frequency of collection.

The vast majority of Member States reported that they allow for the use of data collected from the nearest meteorological station when it is not possible to obtain data from the landfill site.

From all reported practices, it is worth highlighting as example of good practice in the United Kingdom, where the operator is required to have a meteorological monitoring plan as part of the permit application. This plan covers all of the meteorological data stated within Annex III of the Landfill Directive. The operator specifies whether data is obtained from a meteorological station or collected from onsite monitoring.

Almost no changes have been reported since the 2010-2012 reporting period in terms of collection methods for meteorological data.

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Question 6 – Monitoring of Leachate, Surface Water, Gas Emissions and Atmospheric Pressure

All Member States (28) declare to have in place provisions for monitoring of leachate, surface water, gas emissions and atmospheric pressure in their national legislation.

Most commonly, the monitored parameters include: leachate volume and composition, volume and composition of surface water, potential gas emissions and atmospheric pressure.

It is worth highlighting as an example of good practice that in Finland before starting the operation of the landfill or its monitoring, or before the closure of the landfill, a base-line survey is conducted at the site. This survey has to include the evaluation of surface water and groundwater conditions at the site, as well as the gas formation and the state of waste decomposition at the landfill area already in use. The requirements for minimum analyses needed for the base-line survey are also defined.

No significant changes have been reported since the 2010-2012 reporting period, other than Finland passing new legislation during this reporting period.

Question 7 – Cases where the Measurement of Volume and Composition of Surface Water is not required

27 Member States provided an overview of the implementation of Annex III into their national law and reported on the frequency of the inspection and measurements of volume and composition of surface water.

17 Member States reported that they allow for exemptions relating to the measurement of surface waters, especially in certain periods of the year when there is no need for such measurements (dry season).

In some Member States, the exemptions are decided on a case-by-case basis by the competent authority and sometimes are embedded in the environmental permit system.

Exemptions for inert landfills are common across Member States. Sometimes they are not required for underground storage of hazardous waste or for inert landfill (for example in Luxembourg and the United Kingdom).

In four cases (Czech Republic, Germany, Italy, Sweden) the information provided was not sufficient to understand in which cases landfill could be exempted of measures provided in Annex III, Section 3.

No significant changes have occurred in comparison to the 2010-2012 reporting period.

4.1.2 Implementation of the Directive

Question 1 – Exemptions of Non-hazardous waste other than inert waste

21 Member States reported that they have not made use of the exemptions related to the deposit of non-hazardous waste, other than inert waste, resulting

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from prospecting and extraction, treatment and storage of mineral sources from certain provisions in Annex I.

Five Member States (Bulgaria, France, Hungary, Italy, and the United Kingdom (specifically Scotland) reported to have made use of the exemption.

For Slovakia and Sweden the information provided is unclear.

In comparison to the previous reporting period (2010-2012), one more Member State has made use of these exemptions in 2013-2015.

Question 2 – Exemptions for Islands and Isolated Settlements

23 Member States reported to have not made use of the exemptions related to landfill in islands and isolated settlements.

Five Member States (France, Greece, Portugal, Spain and the United Kingdom) reported to have made use of the provisions for the exemption of islands and isolated settlements.

In comparison to the previous reporting period (2010-2012), no countries have changed their status.

Question 3 – Exemptions for Underground Storage

21 Member States reported to have not made use of the exemptions relating to underground storage.

Only six Member States (Finland, France, Greece, Poland, Sweden, and the United Kingdom) reported that they have made use of them.

In Slovenia and Germany, such an exemption exists but no environmental permits to operate underground storage sites were issued in the 2013-2015 period.

There have been no significant changes since the 2010-2012 reporting period in terms of exclusions for underground storage. It is worth noting however that Germany and Slovenia did not make use of the exemption in 2013-2015 but did so during the previous reporting period.

Question 4 – National Strategy for the Reduction of Biodegradable Waste going to Landfill

Almost all Member States (27) have adopted a national strategy and actions to reduce the amount of biodegradable waste going to landfill.

The Netherlands is the only exception. This Member State has not drawn a strategy because the Dutch waste policy and legislation in place reportedly already contains sufficient provisions and measures in that respect.

Not much progress has been made since the 2010-2012 reporting period in terms the implementation of new strategies. This is in part due to the success already achieved with the application of the strategies in many Member States. Some Member states, as Croatia, have passed a new strategy and notified it to the Commission. In Estonia the strategy for the treatment and reduction of biodegradable waste is not new (it was prepared in 2004 and 2005) but entered into force during the 2013-2015 reporting period.

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All Member States have established lists of biodegradable waste and biodegradable municipal waste, although the approach taken varies between different Member States, and sometimes also varies within the Member State (such as Belgium).

Only seven Member States provided the full set of data regarding the amount of biodegradable waste going to landfill for the period 2013-2015 (see Table A-3)

In those Member States, the amount of the biodegradable waste going to landfill was either reduced or continued to be zero.

In comparison to the last reporting period (2010-2012), a fewer Member States provided figures of the amount of biodegradable waste going to landfill.

The total amount of biodegradable waste generated in 1995 by the 27 Member States that have submitted information is 15,542,000 tonnes.

Most Member States (26) reported to have developed a national strategy for the reduction of biodegradable waste going to landfills and have provided information about the application of the strategy.

Most Member States reported experiences related to the practical application of the strategy. The most common ones were the reduction of organic waste going to landfill, but also experiences about separate collection and treatment, household composting and new treatment facilities (composting plants, biogas plants, mechanical-biological treatment, and incineration with energy recovery).

In the majority of Member States the amount of biodegradable waste going to the landfill year by year has reduced in 2013-2015 according to the figures provided. In some of them, and due to the existence of a ban of bio-waste landfilling, the figures remain at zero tonnes landfilled.

Four Member States (Lithuania, Romania, Slovakia and Slovenia) reported to have made use of Article 5(2) of the Directive. This states that Member States, which in 199593 put more than 80% of their collected municipal waste to landfill, may postpone the attainment of the landfill diversion targets by up to four years.

19 Member States have reported that they are in the process of adapting their strategies. It should be noted that according to the Directive there is no obligation to adapt strategies if they are already in place.

From all reported practices, examples of good practice can be found in Austria, Wallonia (Belgium), Catalonia (Spain), Bulgaria, the Czech Republic and Slovakia.

It is also worth to mention those countries where the application of a landfill tax has resulted in a diversion of waste from landfilling. Several regions and Member States have applied such taxes, with very good results (among others United Kingdom, Ireland and Catalonia, Spain).

Not much progress has been reported since the 2010-2012 reporting period in terms of new strategies. The main change was that Croatia, in its first response to the Implementation Questionnaire, has informed the Commission that a national

93 or the latest year before 1995 for which standardised EUROSTAT data is available.

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strategy has been developed. In Estonia, the strategies for the treatment and reduction of biodegradable waste were presented in documents prepared in 2004 and 2005 and entered into force in 2013.

Question 5 – Number of landfills

12 Member States stated that 100% of landfills for non-hazardous waste were compliant with the Directive (see in Table A - 5).

12 Member States reported 100% compliance for inert waste landfills (see Table A - 6).

Only six Member States reported having landfills for ‘other’ waste (see Table A - 7).

Question 6 – Cost of Landfill

All Member States (28) have reported having taken measures to ensure the provisions of Article 10 concerning the costs of landfilling are met in 2013-2015.

Most Member States reported that landfill charges should cover all the related costs, including the aftercare period.

A consequence of the Directive has been a considerable rise in the cost of landfilling in a number of countries, including Estonia and Finland.

Based on Member State responses, the use of economic instruments and in particular landfill taxes, has been stabilized during this reporting period, with most Member States reporting that these are considered to be an efficient instrument.

From those taxes, it is worth to mention the cases of the United Kingdom and Ireland, whose landfill taxes have been a key driver to reduce the amount of biodegradable waste going to landfills. In the United Kingdom, the tax has continually increased since its introduction in 1996 and currently stands at £84.40 per tonne for the standard rate and £2.65 per tonne for the lower rate.

No changes have been reported since the 2010-2012 reporting period in terms of costs of landfilling, with the exception of Lithuania, that passed a new piece of legislation regulating the calculation of the cost of landfilling; and Croatia, which did not submit a questionnaire during the previous reporting period but did so for the 2013-2015 period.

Question 7 – Aftercare of Closed Landfills

All reporting Member States (28) reported having undertaken measures to avoid adverse environmental effects at closed landfills in 2013-2015, as was the case in 2010-2012.

The most common type of measures reported were closure plans, permit systems, and the continued responsibility of the operator for maintenance, monitoring, and controlling of the closed landfill to prevent any negative impacts to the environment and human health.

From all reported practices, Sweden offered an example of good practice since operators must submit each year an environmental report describing the main environmental impacts derived from the operation.

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No changes have been reported as compared to the 2010-2012 reporting period in terms of aftercare of closed landfills, with the exception of Slovakia and Finland, where new pieces of legislation were passed; and Croatia, which did not submit a questionnaire during the previous reporting period but did so for the 2013-2015 period.

Question 8 – Description of Planning Procedures for Landfill (Section 1, Annex I)

Almost all Member States (27) reported to have included planning procedures into their waste management plans and national legislation pursuant to Section 1 of Annex 1 to Landfill Directive in 2013-2015.

Common requirements in planning procedures include minimum distances from urban land, roads and natural assets and the absence of certain geological conditions. The suitability of landfill location is often addressed through environmental impact assessments and included in the permits. In the United Kingdom, consultations with stakeholders and local communities are undertaken during landfill planning procedure.

Good practices are found in in Sweden, where it is the responsibility of the operator to demonstrate that the location requirements laid down in the landfill regulations are met. When a new landfill is planned, an environmental impact assessment must be carried out and several alternative potential sites considered. The assessment can cover various aspects such as the impact on culture and natural assets and the plans the local authority has for the area. The potential impact of the landfill on health and the environment along with local authority's plans are assessed in order to pick the site where impacts are minimised.

Only the Netherlands have reported not having a description of the planning procedure for landfills, due to the fact that it has sufficient capacity for the landfill of waste.

Several Member States have reported on their national requirements when considering planning applications for landfills, regarding minimum distances from urban land, roads and national parks and they also highlighted the role of environmental impact assessments in helping select the most suitable locations for landfills.

No significant changes have been reported since the 2010-2012 reporting period in terms of including planning procedures into their waste management plans and national legislation, with the exception of Denmark, where new legislation related to planning procedures was noted.

Question 9 – Technical Requirements for Water Control and Leachate Management and Inert Waste Landfills (Section 2, Annex I)

All Member States (28) reported having undertaken technical measures provided to ensure the requirements of Annex I, Section 2 (on water control and leachate management).

The most common reported measures were drainage systems to collect surface and groundwater, the collection and treatment of leachate and cover and vertical

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sealing structures. In comparison to the previous reporting period, only Belgium has added new information (on Wallonia) as compared to the previous report where only measures in Flanders were discussed.

Question 10 – Specific requirements for inert landfills

18 Member States reported general or specific requirements as set out in Annex I for inert waste landfills.

Inert landfills are often exempt from leachate collection and other monitoring measures.

Four Member States reported not having such requirements in place.

No significant changes occurred across Member States since the previous reporting period with regards to technical requirements for inert waste landfills.

Question 11 – Reduction of technical requirements

15 Member States reported having reductions, whereas 13 have reported no reductions of the requirements.

Belgium and Luxembourg have reported a change regarding the previous period: in both Member States, reductions have been during the 2013-2015 reporting period.

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4.2 Limitations of Reporting

The most serious issue with reporting was that four Member States did not submit completed Implementation Questionnaires to the Commission for 2013-2015 (France, Italy, Malta and Romania). Of these, France, Italy and Malta did not respond in 2010-2012 either.

For those that responded, replies varied from the detailed and open to those which cite national legislation without providing any further context in their replies. This can make it difficult to assess the extent of implementation. Some, including Portugal, simply completed the Implementation Questionnaire by referencing answers given in previous reporting periods. Whilst Member States are permitted to refer back to earlier periods rather than repeat themselves, in cases such as these one might question whether more nuanced changes are being missed.

It is important to bear in mind that this exercise is based upon self-reporting. That is, the information provided by Member States in the Implementation Questionnaire has not been verified. It is therefore not possible to say with certainty whether Members States are doing in practice what they report to be doing in the Implementation Questionnaires. Equally, Member States may have introduced measures or otherwise that are relevant to the management of landfills but haven’t been reported.

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APPENDICES

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A.1.0 Appendix 1 – Member State

Implementation Questionnaires 2013-

2015

Table A - 1: Member State Implementation Questionnaires 2013-2015

Member State

Implementation Questionnaire received?

(Yes/No)

Date received if available

(DD/MM/YYYY)

Austria Yes 30/09/2016

Belgium Yes 29/09/2016

Bulgaria Yes 30/09/2016

Croatia Yes 30/09/2016

Cyprus Yes 21/06/2017

Czech Republic Yes 30/09/2016

Denmark Yes 30/09/2016

Estonia Yes 05/12/2016

Finland Yes 27/09/2016

France No N/A

Germany Yes 29/09/2016

Greece Yes 10/10/2016

Hungary Yes 30/05/2017

Ireland Yes 01/11/2016

Italy* No 25/10/2016

Latvia Yes 10/10/2016

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Member State

Implementation Questionnaire received?

(Yes/No)

Date received if available

(DD/MM/YYYY)

Lithuania Yes 29/09/2016

Luxembourg Yes 09/09/2016

Malta No N/A

Netherlands Yes 30/09/2016

Poland Yes 30/09/2016

Portugal Yes 30/09/2016

Romania* No 16/08/2016

Slovakia Yes 27/09/2016

Slovenia Yes 27/09/2016

Spain Yes 17/02/2017

Sweden Yes 30/09/2016

United Kingdom Yes 30/09/2016

Response rate: 86% (24/28)

*Italy and Romania did submit documents to the Commission, but these were not full responses to the Implementation Questionnaire (as discussed in Section 1.2.2).

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A.2.0 Appendix 2 – Other Relevant Tables

Table A - 2: Production of Biodegradable Municipal Waste in 1995 (in 1,000 tonnes)

Member State Production of Biodegradable Municipal Waste in 1995 (in 1,000 tonnes)

Austria 2,675

Belgium

Wallonia: 539

Brussels Capital Region: 212

Flanders: 3,397

TOTAL: 4,148

Bulgaria 2,247

Croatia (1997) 756

Cyprus (1993) 262

Czech Republic 1,530

Denmark N/A

Estonia94 317

Finland (1994)95 2,100

France96 18,615

Germany97 28,410

Greece (1990)98 2,100

94 Estonia referred its response to the 2007-2009 questionnaire from which the information displayed was taken. 95 Data taken from the Landfill Directive Implementation Report for 2010-2012. 96 Response provided by the Member State to the Implementation Questionnaire 2004-2006: 2,200,000 tonnes of which was garden waste; 2,492,000 tonnes of non-household paper/paperboard packaging. 97 Response provided by the Member State to the Implementation Questionnaire 2004-2006. 98 660,000 tonnes of paper/cardboard; 1,440,000 tonnes of food and green wastes. Data taken from the Landfill Directive Implementation Report for 2010-2012.

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Hungary99 2,340

Ireland 1,221

Italy100 16,757

Latvia 460

Lithuania (2000) 725

Luxembourg 147

Malta101 141

Netherlands102 2,406

Poland 4,380

Portugal103 2,253

Romania104 4,800

Slovakia 944

Slovenia 644

Spain 11,934

Sweden105 2,540

United Kingdom 35,690

Source: Landfill Directive Implementation Reports 2004-2006, 2007-2009 and 2010-2012; and Implementation Questionnaires 2013-2015.

Notes: The table displays all available data at the time of writing this report. When available, the data has been taken from the 2013-2015 Implementation Questionnaire. When the data was not provided, it has been extracted from the most recent Implementation Report (see footnotes).

99 Data taken from the Landfill Directive 2004-2006 Implementation Report. 100 Data taken from the Landfill Directive 2010-2012 Implementation Report. 101 Data taken from the Landfill Directive 2007-2009 Implementation Report. 102 Data taken from the Landfill Directive 2004-2006 Implementation Report. 103 Data taken from the Landfill Directive 2007-2009 Implementation Report. 104 Data taken from the Landfill Directive 2004-2006 Implementation Report. 105 Data taken from the Landfill Directive 2007-2009 Implementation Report.

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Table A - 3: Landfilled Biodegradable Waste in the period 2013-2015 (in 1,000 tonnes)

Member State

Biodegradable Municipal Waste Other Biodegradable

Municipal Waste Total Biodegradable Waste

2013 2014 2015 2013 2014 2015 2013 2014 2015

Austria 0 0 0 0 0 0 0 0 0

Belgium 0 0 0 0 0 0 0 8699 0

Bulgaria N/A N/A N/A N/A N/A N/A 930 648 N/A

Croatia 870 820 828 40 40 42 910 860 870

Cyprus N/A N/A N/A N/A N/A N/A 268 249 246

Czech Republic 895 827 797 50 43 39 945 870 836

Denmark106 N/A N/A N/A N/A N/A N/A N/A N/A N/A

Estonia 44 26 27 47 28 29 91 54 56

Finland 434 275 N/A 868 837 N/A 1,302 1,112 N/A

France N/A N/A N/A N/A N/A N/A N/A N/A N/A

Germany 0 0 0 0 0 0 0 0 0

Greece N/A N/A N/A N/A N/A N/A 2,818 2,862 2,851

Hungary N/A N/A N/A N/A N/A N/A 577 445 394

Ireland 381 276 278 N/A N/A N/A N/A N/A N/A

Italy N/A N/A N/A N/A N/A N/A N/A N/A N/A

Latvia N/A N/A N/A N/A N/A N/A 313 298 316

Lithuania 272 273 208 N/A N/A N/A N/A N/A N/A

Luxembourg N/A N/A N/A N/A N/A N/A 16 N/A N/A

Malta N/A N/A N/A N/A N/A N/A N/A N/A N/A

Netherlands 77 95 83 N/A N/A N/A N/A N/A N/A

106 In Denmark the landfilling of biodegradable waste has been banned since 1997.

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Member State

Biodegradable Municipal Waste Other Biodegradable

Municipal Waste Total Biodegradable Waste

2013 2014 2015 2013 2014 2015 2013 2014 2015

Poland 1,752 1,527 1,222 241 215 172 1,993 1,742 1,394

Portugal 1,197 1,177 1,042 N/A N/A N/A N/A N/A N/A

Romania N/A N/A N/A N/A N/A N/A N/A N/A N/A

Slovakia107 N/A N/A N/A N/A N/A N/A N/A N/A N/A

Slovenia 178 178 178 N/A N/A N/A N/A N/A N/A

Spain 5,394 5,308 5,601 N/A N/A N/A N/A N/A N/A

Sweden108 N/A N/A N/A N/A N/A N/A 181 218 218

United Kingdom 9,326 8,711 7,682 N/A N/A N/A N/A N/A N/A

EU28 20,820 19,493 17,946 1,246 1,163 282 10,436 18,116 7,181

Source: Implementation Questionnaires 2013-2015.

107 Slovakia reported data for total biodegradable waste landfilled however it was not considered robust enough to report. 108 Estimated from the data provided by the Member State in the 2013-2015 Implementation Questionnaire.

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Table A - 4: Number and Rest Capacity of Landfills for Hazardous Waste in 2015

Member State

Total number of landfills in

2015

Number of landfills

complying with the

directive in 2015

Number of landfills closed

since 2001

Number of landfills re-equipped

during 2013-2015

Rest Capacity (in

1,000 tonnes unless

otherwise indicated) in 2015109

Austria 0 0 0 0 0

Belgium 15 15 6 N/A 2,974 kt + 10,022,467 m³

Bulgaria 7 7 1 0 4,195

Croatia 0 0 0 0 0

Cyprus 1 N/A N/A N/A N/A

Czech Republic 25 25 0 0 6,500

Denmark 5 5 7 0 41

Estonia 7 7 N/A N/A N/A

Finland 25 23 0 0 15,848

France N/A N/A N/A N/A 28,462

Germany 78 29 2 0 46,000

Greece110 2 2 0 N/A 17.4

Hungary 12 12 28 1 462

109 Some Member States have provided data in different units (i.e. tonnes, tonnes per year and cubic metres) for rest capacity. The plus sign (+) has been used when a Member State has presented data in different units for the same year, which are not possible to add together to give a single figure. 110 Rest capacity refers to one of the two existing landfills in Greece.

16/04/2018 136

Ireland 0 0 N/A N/A N/A

Italy111 12 12 0 N/A 5,905

Latvia 1 1 0 N/A 176

Lithuania N/A N/A N/A N/A N/A

Luxembourg 0 0 0 0 0

Malta N/A N/A N/A N/A N/A

Netherlands112 N/A N/A N/A N/A N/A

Poland 42 42 0 27 1,408

Portugal 2 2 1 0 696

Romania N/A N/A N/A N/A N/A

Slovakia 11 11 4 N/A 365

Slovenia 2 2 1 1 30

Spain 18 18 10 N/A 5,600

Sweden 60 60 15 0 6,900

United Kingdom113

93 25 82 24 605 kt + 21,884,514 m3

EU28: 418 298 157 53 -

111 The figures refer to the 2013-14 period. 112 The Netherlands provided aggregated figures for various types of landfill: 19 landfills, 19 complying landfills 22 landfills closed, rest capacity of 36,366,923 m3. 113 Existing landfills for hazardous waste: includes one non-hazardous landfill with an asbestos cell. Rest capacity includes unverified data from Scotland that may be subject to change.

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Table A - 5: Number and Rest Capacity of Landfills for non-Hazardous Waste in 2015

Member State


2015

Number of landfills complying with the directive in 2015

Number of landfills

closed since 2001


during 2013- 2015

Rest Capacity (in 1,000

tonnes unless otherwise

indicated) in 2015114

Austria115 157 157 22 0 54,700

Belgium 24 24 19 12 8,717 kt + 23,803,772 m3

Bulgaria 122 38 41 0 219,375,539

Croatia 139 N/A 13 34 27,379

Cyprus 4 2 115 N/A N/A

Czech Republic116 153 114 0 0 30,600

Denmark 56 56 32 0 23,765

Estonia 6 6 N/A N/A N/A

Finland 92 90 14 0 58,802

France117 N/A N/A N/A N/A N/A

Germany 1,401 322 25 7 438,600

Greece 70 N/A 4 N/A N/A

Hungary 84 84 1,360 0 52,505

114 Some Member States have provided data in different units (i.e. tonnes, tonnes per year and cubic metres) for rest capacity. The plus sign (+) has been used when a Member State has presented data in different units for the same year, which are not possible to add together to give a single figure. 115 Number of landfills closed since 2008. 116 Landfills for non-hazardous waste: number of landfills for waste not classified as hazardous and inert waste. 117 No information was available at any previous report.

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Member State


2015


Number of landfills

closed since 2001


during 2013- 2015




Ireland118 55 N/A 48 N/A 9,500

Italy119 243 243 10 N/A 19,959

Latvia120 11 11 0 N/A N/A

Lithuania 10 10 692 24 9,918

Luxembourg121 2 2 0 0 1,037,169 m3



Poland 442 438 17 1,068 235,881

Portugal 60 60 12 0 23,729

Romania123 N/A N/A N/A N/A N/A

Slovakia 92 92 72 N/A 7,471

Slovenia 71 38 53 33 4,401

Spain 208 206 117 26 107,105 kt + 3,340,116 m3

118 Rest capacity for non-hazardous waste: estimate of licensed disposal capacity at end of 2015 (note some of this capacity is at closed landfills). 'Existing landfills’ is taken to mean landfills that were in existence at the time the Landfill Directive was to be transposed (16/07/2001) as per Article 14 of the Landfill Directive. This does not include a number of landfills that commenced after 2001. 119 The figures refer to the closed landfill situation for the years 2013-14. 120 The nominal capacity is 16,210,932 t, of which rest capacity largely varies across landfill sites. 121 Rest capacity refers to 31.12.2014. 122 The Netherlands provided aggregated figures for various types of landfill: 19 landfills, 19 complying landfills 22 landfills closed, rest capacity of 36,366,923 m3. 123 Romania provided aggregated figures for various types of landfill: 46 existing landfills, 6 deposits for non-hazardous waste.

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Member State


2015


Number of landfills

closed since 2001


during 2013- 2015




Sweden 133 133 170 0 35,600

United Kingdom124

523 325 450 284

76,135 kt + 335,819,020 m3

EU28: 4,158 2,451 2,062 1,488 -


124 Rest capacity includes unverified data from Scotland and may be subject to change.

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Table A - 6: Number and Rest Capacity of Landfills for Inert Waste in 2015

Member State


2015

Number of landfills

complying with the

directive in 2015


since 2001


during 2013-2015

Rest Capacity (in

1,000 tonnes unless

otherwise indicated) in

2015125

Austria126 35 35 1 0 5,800

Belgium 12 10 17 N/A 688 kt +

2,555,000 m3

Bulgaria 4 0 2 0 643

Croatia 2 N/A 0 N/A 17,191

Cyprus 2 N/A N/A N/A N/A

Czech Republic 39 39 0 0 9,800

Denmark 2 2 32 0 237,000

Estonia N/A N/A N/A N/A N/A

Finland 7 7 1 0 691


Germany 1,763 1,004 31 3 201,300

Greece N/A N/A N/A N/A N.A

Hungary 13 13 3 0 1,130

125 Some Member States have provided data in different units (i.e. tonnes, tonnes per year and cubic metres) for rest capacity. The plus sign (+) has been used when a Member State has presented data in different units for the same year, which are not possible to add together to give a single figure. 126 The number of landfills closed refers to the period 2008-2015. 127 No information was available from any previous report.

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Member State


2015

Number of landfills

complying with the

directive in 2015


since 2001


during 2013-2015

Rest Capacity (in

1,000 tonnes unless


2015125

Ireland 7 N/A 3 N/A N/A

Italy128 182 182 4 N/A 13,133

Latvia 0 0 0 N/A N/A

Lithuania 2 2 N/A N/A 101

Luxembourg129 11 11 7 0 19,055,492

m3



Poland 9 9 0 8 752

Portugal 3 3 2 0 737

Romania131 N/A N/A N/A N/A N/A

Slovakia 15 15 14 N/A 10,635

Slovenia 14 13 9 4 545

Spain 208 139 68 3 93,388

Sweden 72 72 40 0 2,700

128 Number of landfills closed: The figures refer to the closed landfill situation in the 2013-14 period. 129 Remaining capacity on 31st December 2014. 130 The Netherlands provided aggregated figures for various types of landfills: 19 landfills, 19 complying landfills 22 landfills closed, rest capacity of 36,366,923 m3. 131 Romania provided aggregated figures for all kinds of landfills: 46 existing landfills, 6 deposits for non-hazardous waste.

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Member State


2015

Number of landfills

complying with the

directive in 2015


since 2001


during 2013-2015

Rest Capacity (in

1,000 tonnes unless


2015125

United Kingdom132

349 255 246 172

47,453 kt + 126,666,499

m3

EU28: 2,751 1,811 480 190 -


132 Rest capacity includes unverified data from Scotland and may be subject to change.

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Table A - 7: Number and Rest Capacity of Landfills for Other Waste in 2015

Member State


2015

Number of landfills

complying with the

directive in 2015

Number of landfills

closed since 2001


during 2013- 2015



indicated) in 2015

Austria133 505 N/A N/A 0 N/A

Belgium 1 1 N/A 1 207,652 m³

Bulgaria N/A N/A N/A N/A N/A

Croatia N/A N/A N/A N/A N/A

Cyprus N/A N/A N/A N/A N/A

Czech Republic

N/A N/A N/A N/A N/A

Denmark 0 0 1 0 0

Estonia N/A N/A N/A N/A N/A

Finland N/A N/A N/A N/A N/A


Germany 9 7 0 0 8,700

Greece135 2 2 0 N/A N/A

Hungary N/A N/A N/A N/A N/A

Ireland 22 N/A 22 N/A N/A

Italy N/A N/A N/A N/A N/A

133 Excavated-soil landfills. NB: Under the 2008 Landfill Regulation, since 1 July 2009 only unpolluted soil may be deposited at excavated-soil landfills. In accordance with the fourth indent of Article 3(2) of the Landfill Directive, excavated-soil landfills are not covered by the Directive. 134 No information was available at any previous report. 135 Other landfills refer to landfills for non-hazardous industrial waste.

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Member State


2015

Number of landfills

complying with the

directive in 2015

Number of landfills

closed since 2001


during 2013- 2015



indicated) in 2015

Latvia 0 0 0 N/A N/A

Lithuania N/A N/A 59 N/A N/A

Luxembourg 0 0 0 0 0



Poland N/A N/A N/A N/A N/A

Portugal 0 0 7 0 0

Romania N/A N/A N/A N/A N/A

Slovakia N/A N/A N/A N/A N/A

Slovenia 0 0 0 0 0

Spain N/A N/A N/A N/A N/A

Sweden 0 0 6 0 0

United Kingdom

20 N/A N/A N/A N/A

EU28: 559 10 95 1 8,700


136 The Netherlands provided aggregated figures for various types of landfill: 19 landfills, 19 complying landfills; 22 landfills closed, rest capacity of 36,366,923 m3.