a. Proposal of New framework Directive

The strategy on waste prevention and recycling comes as a package. It includes a legislative proposal to modernise the 1975 Waste Framework Directive.

The main elements of the proposed revision of the Waste Framework Directive are:

  • Focusing waste policy on improving the way we use resources;
  • Mandatory national waste prevention programmes, which take account of the variety of national, regional and local conditions, to be finalised three years after the entry into force of the directive;
  • Improving the recycling market by setting environmental standards that specify under which conditions certain recycled wastes are no longer considered waste;
  • Simplifying waste legislation by clarifying definitions, streamlining provisions and integrating the directives on hazardous waste (91/689/EEC) and on waste oils (75/439/EEC), the latter with a focus on collection rather than on regeneration that is no longer justified from an environmental point of view.

Further measures are programmed for the next five years to promote recycling and create a better regulatory environment for recycling activities. An Impact Assessment accompanies the strategy.

à Link to the full text of the Proposal for a Directive of the European Parliament and of the Council on Waste presented by the Commission {SEC(2005) 1681}:

b.Thematic Strategy on waste Prevention and Recycling

According to the Commission, “Thematic strategies represent a new way of decision-making at the European level. They are based on extensive research and consultation with stakeholders, address the issues in a holistic way that takes into account links with other problems and policy areas, and promote Better Regulation”.

On 21 December 2005 , the Commission proposed a new strategy on the prevention and recycling of waste. This long-term strategy aims to help Europe become a recycling society that seeks to avoid waste and uses waste as a resource. As a first step, the Commission proposes revising the 1975 Waste Framework Directive to set recycling standards and to include an obligation for Member States to develop national waste prevention programmes. This revision will also merge, streamline and clarify legislation, contributing to better regulation. The waste and resources strategies are two of the seven 'thematic' strategies required under the 6 th Environment Action Programme (2002-2012).

à Link to the full text of the strategy:

c. Communication about Better Regulation

Even though positions differ between the Council of Ministers and the Commission, it is considered in general that better regulation means the desire to go forward according to the following nine key axes:

  • Validation of the regulatory option
  • Principles of codification,
  • A simplification (and reduction) of the rules
  • Modification of the content, or the nature, of the regulatory acts
  • Modification of the procedure for elaboration respecting the minimal standards for consultation of all stakeholders (COM(2002)704)
  • Development of analyses of impacts and costs an instrument for analyzing impacts
  • Modification of the control procedures
  • Modification of the revision procedure
  • Definition of structures and of ad hoc sectoral strategies

The “BETTER REGULATION” action plan in the field of waste : already a ten years history.

In 1994-95, a group of independent experts set up by the Commission proposed to:

  • revisit the definition of waste, while guaranteeing that byproducts and secondary materials do not become less well regulated
  • re-examine all regulatory texts relating to wastes, and then consolidating, simplifying and clarifying them - while seeking
  • to take advantage of voluntary agreements

In applying the action plan « Better Regulation», the Commission published in February 2003 a communication « Updating and simplifying the Community acquis » (COM(2003)71 final). In accordance with this last Communication indicators have been put forward allowing the prioritization of actions to simplify legislation on a case-by-case basis following a list of key action areas.

In 2004, the EU Council of Ministers agreed the following as targets for simplification:

  • directive 75/439 on used oils
  • directive 75/442 on waste
  • directive 91/156 on waste
  • directive 91/689 on hazardous wastes
  • directive 200/76 on waste incineration

In March 2005, the Commission re-launched its initiative on “Better Regulation”, emphasising the importance of developing integrated sectoral simplification action plans. It immediately identified waste as a priority sector. This proposition was approved by the Council on June 2005.

In September 2005, the European Commission set out a new generation of policies on the environment – the Thematic Strategies – particularly the Thematic Strategy concerning the prevention and recycling of waste; setting out the Better Regulation principles (COM(2005)466 final).

Finally, the Thematic strategy on prevention and recycling of waste was officially adopted in December 2005, and including a relatively precise timetable for revising several directives, including:

  • revision of the Waste Framework Directive
  • integration of the directive on hazardous wastes
  • cancellation of the directive on used oils
  • revision of the directive on end of life vehicles (ELVs)
  • integration of the directive on titanium dioxide
  • Extension of the IPPC directive
  • Revision of the directive on sewage sludge
  • Revision of the directive on waste electrical and electronic equipment (WEEE)
  • Adoption of quality standards of compost and recycled aggregates

Besides, the Commission would next publish “guidelines”, clarifying the orientation concerning:

  • when a waste ceases to be a waste
  • the life-cycle approach to biodegradable wastes
  • life cycle analysis instruments
  • regulations governing the movement of wastes
  • environmental standards for “non-IPPC” installations and for managing mixtures of hazardous wastes

à Link to the Communication from the Commission to the Council and the European Parliament, Better Regulation for Growth and Jobs in the European Union, {SEC(2005) 175} :