Review of European and Greek Legislative Framework on Waste: a comparative analysis

K. Valta*, D. Malamis*, C. Papadaskalopoulou*, M. Loizidou*

* School of Chemical Engineering, National Technical University of Athens, 9 Iroon Polytechniou Str., Zographou Campus, GR-15773 Athens, Greece

(E-mail: katvalta@gmail.com)

Over the last 30 years, European waste management policy has been progressively established through a series of Environmental Action Plans (EAPs) and a framework of legislation, including Directives, Regulations and Decisions, aiming at eliminating negative environmental and health impacts and creating an energy and resource-efficient economy. This research is focused on the review of the existing European and Greek legislative framework with respect to waste management and treatment of Municipal Solid Waste (MSW) including packaging waste and specific waste streams. Moreover, the convergence of Greek and European legislation has been examined and assessed.

Introduction

EU waste legislation has been created in the context of the Community Strategy for Waste Management (18.09.1989, SEC (89) 934 final) as amended in 1996 (30.07.1996, COM(96) 399 final) and of the Thematic Strategy on the Prevention and Recycling of Waste under 6th EAP (21.12.2005, COM(2005) 666 final).

This work was supported by LIFE+, the financial instrument of the EU for the environment (LIFE10 ENV/GR/000610).

Figure 1: The continuity of the six EAPs

The Six Environment Action Programmes Dr. Christian Hey (2005) define Environmental Action Programmes as the medium-term programmes and strategic policy documents which reflect the fundamental elements of contemporary environmental thinking and problem perceptions, as well as strategic policy orientation. With the exemption of the 6th EAP, they are not legally binding programmes - even if they contain lists of planned activities.

1st EAP:

1973-1976

2nd EAP:

1977-1981

3rd EAP:

1982-1986

4th EAP:

1987-1992

5th EAP:

1993-2000

6th EAP:

2002-2012

Figure 2: The Seven Thematic Strategies and their main objectives of the 6th EAP EU and Greek Waste Legislation

Greek Framework Legislation on Solid Waste

Law 4042/2012 - Transposition into national law of Directive 2008/99/ΕC

JMD 50910/2727/2003 - Measures & terms for the management of solid waste. National and Regional Management Plan

JMD 114218/1997 - Establishment of a framework of technical specifications and of general plans of solid waste management

Law 4014/2011 - Environmental authorization of projects and activities

Regulation (EC) No 1013/2006 as amended on shipments of waste

Greek Legislation on Waste Management Operations

JMD 29407/3508/2002 on measures and terms for landfilling of waste

JMD 22912/1117/2005 on the Incineration of waste

JMD 8111.41/09/2009 on port reception facilities for ship-generated waste and cargo residues

Greek Legislation on Packaging waste and on specific streams

Law 2939/2001 on packaging and packaging waste as amended

PD 117/2004 on WEEE–as amended

JMD 41624/2057/Ε103/2010 spent batteries and accumulators

PD 116/2004 on End-of-Life Vehicles (ELV) as amended

PD 82/2004 on the disposal of waste oils

JMD 36259/1757/E103/2010 for construction and demolition waste

JMD 80568/4225/1991 sewage sludge used in agriculture

Framework European Union legislation on waste

Waste Framework Directive (WFD) 2008/98/EC

Decision 2000/532/EC establishing a list of wastes as amended

Regulation (EC) No 1013/2006 on shipments of waste as amended

European Union legislation on waste management operations

Directive 1999/31/EC on the landfill of waste as amended

Directive 2000/76/EC on the Incineration of waste as amended

Directive 2000/59/EC on port reception facilities for ship-generated waste and cargo residues

European Union legislation on specific waste streams

Directive 94/62/EC on packaging and packaging waste as amended

Directives 2002/96/EC and 2002/95/EC– WEEE and RoHS Directives as amended

Directive 2006/66/EC on spent batteries and accumulators as amended

Directive 2000/53/EC on End-of-Life Vehicles (ELV) as amended

Directive 86/278/EEC on sewage sludge used in agriculture

WFD for the disposal of waste oils and demolition waste*

Figure 3: Overview of the EU Waste legislation

The same applies for European Decisions since the decision shall be binding in its entirety upon those to whom it is addressed [2]. Greece, as a Member State, is obliged to be in line with the European legislative framework. In Greece, the harmonization of European legislation is implemented through Laws, Presidential Decrees (PD) or Ministerial Decisions (MD) and Joint Ministerial Decisions (JMD). In Figure 3 and Figure 4, overview of the EU and Greek waste legislation are given respectively. The comparative analysis of EU and Greek waste legislation is illustrated in Figure 5.

Figure 4: Overview of the Greek Waste legislation

The most direct form of European law is the Regulation which has binding legal force for every Member State and as a result, Member States are not obliged to take further action in order to incorporate European Regulations into national legislation. Directives binds any Member State to which it is addressed with regard to the result to be achieved, while allowing the national authorities competency as to the form and methods used. As a result, National Governments of Member States must take action in order to transpose the Directives into their national legislation.

EU Legislation GR Legislation

Basic Category Sub-Category Date Title Date Title

Framework Waste Legislation

WFD 2008 Directive 2008/98/EC 2012 Law 4042/2012

List of waste 2000 Decision 2000/532/EC 2003 JMD 50910/2727/2003

2012 Law 4042/2012

Shipment of waste 2006 Regulation 1013/2006 Directly applicable

Legislation on Waste

Management Operations

Landfil 1999 Directive 1999/31/EC 2002 JMD 29407/3508/2002

Incineration 2000 Directive 2000/76/EC 2005 JMD 22912/1117/2005

Port Reception facilities 2000 Directive 2000/59/EC 2009 JMD 8111.41/09/2009

Legislation on Specific Streams

Sludge 1986 Directive 86/278/EEC 1991 JMD 80568/4225/1991

Packaging Waste 1994 Directive 1994/62 2001 Law 2939/2001

2007 JMD - 9268/469/2007

ELVs 2000 Directive 2000/53/EC 2004 PD 116/2004

2012 JMD 15540/548/E103/2012

WEEE 2002 Directive 2002/96/EC

2004 PD 117/2004 2002 Directive 2002/95/EC

Batteries 2006 Directive 2006/66/EC 2010 JMD 41624/2057/Ε103/2010

Waste oil 2004 Directive 2008/98/EC 2004 PD 82/2004

Demolition 2004 Directive 2008/98/EC 2010 JMD 36259/1757/E103/2010

Conclusion Based on the assessment of collected information, Greek legislation on solid waste is in line with the respective European. By the recently published of Law 4042/2012: Protection of the environment through criminal law - Transposition into national law of Directive 2008/99/ΕC – Framework for the production and the treatment of waste - Transposition into national law of Directive 2008/98/ΕC – Arrangement of issues related to the Ministry of Environment, Energy and Climate Change (Official Gazette 24/Α/13.2.2012), the Waste Framework Directive (2008/98/EC) has been transposed into national legislation. Consequently, European legislation on solid waste has been successfully incorporated into the Greek legislation.

References

Acknowledgments

[1] Hey Christian (2005), Introduction, Book chapter: EU Environmental Policies: A short history of the policy strategies from the book EU Environmental Policy Handbook: A Critical Analysis of EU Environmental Legislation Making it accessible to environmentalists and decision makers. European Environmental Bureau.

[2] Chalmers Damian, Davies Gareth, Monti Giorgio, (2010) European Union Law: Cases and Materials, Cambridge University Press.

Air: "to attain levels of air quality that do not give rise to significant negative impacts on, and risks to human health and the environment”

Waste prevention and recycling: "to become a recycling society that seeks to avoid waste and uses waste as a resource"

Marine Environment: to protect and restore Europe’s oceans & seas and ensure that human activities are carried out in a sustainable manner so that current and future generations enjoy from biologically diverse & dynamic oceans and seas that are safe, clean, healthy & productive”

Soil: "the protection and sustainable use of soil by preventing further soil degradation and by restoring degraded soils to a level of functionality consistent at least with current and intended use, thus also considering the cost implications of the restoration of soil"

Pesticides: "to achieve a more sustainable use of pesticides by reducing the risks & impacts of pesticide use on human health & the environment in a way that is consistent with the necessary crop protection"

Natural resources: "to reduce the environmental impacts associated with resource use and to do so in a growing economy"

Urban Environment: "to improve the environmental performance and quality of urban areas and to secure a healthy living environment for Europe's urban citizens"

The 1st EAP was adopted in November 1973 and included hot-spot management issues. Moving from the 1st to the 6th EAP adopted in July 2002 a more holistic and integrated approach, looking for synergies between business and environmental goals was observed [1]. In the framework of the 6th EAP, the concept of Thematic Strategies was developed by the European Commission.

In Figure 1, the periods covered by the six EAPs are presented while in Figure 2, the seven thematic strategies developed in the framework of the 6th EAP are illustrated.

Figure 5: Comparative analysis of the EU and Greek Waste legislation

ISWM - TINOS