Despite EU legislation since 1991 to ensure waste prevention and management, hazardous waste has continued to grow faster than GDP since 2004 - a trend that is likely to continue if nothing is done to improve its classification, traceability, increase recycling and fight illegal trafficking, which remains lucrative, said the Court of Auditors on Monday 16 January.
These four shortcomings are at the heart of the report’s findings based on available Eurostat data, in an analysis document that mainly identifies current and future challenges and opportunities, unlike an audit report in the EU Member States.
The Court of Auditors’ analysis allows the implementation of the legislation to be monitored. It comes on the eve of the European Parliament’s vote on the proposed 2021 Regulation to tighten the rules on the shipment of waste within the EU and to non-OECD countries (see EUROPE 12834/3) and ahead of discussions on other legislative proposals on the table.
“The best solution is prevention. However, the production of hazardous waste is increasing. The EU needs to address shortcomings”, said Eva Lindström, head of the Court of Auditors’ paper, pointing out to the press that more than 50% of hazardous waste is still disposed of outright, even though this is the option of last resort in the waste treatment hierarchy. She reminds us that “hazardous waste should preferably be recycled or incinerated to produce energy”.
Prevention. This is the best solution, but there are great disparities between Member States. Prevention is achieved by limiting dangerous substances (explosive, irritant or toxic), manufacturing sustainable products from the design stage and implementing the precautionary principle, the application of which leaves something to be desired, since the polluters are often not the ones who pay, as a report by the Court of Auditors has already shown (see EUROPE 12755/3).
Classification. The auditors note that hazardous waste is classified differently from one Member States to another. They believe that a correct classification of hazardous waste in all Member States could help ensure proper treatment and avoid illegal practices. In their view, the European Commission could step up its efforts to harmonise the relevant EU legislation. Ensuring that national electronic registers on hazardous waste are compatible with the future European register on waste shipments could thus allow for a more efficient tracing of hazardous waste throughout its life cycle.
Traceability. While the Waste Framework Directive [Directive (EU) 2018/851 amending Directive 2008/98/EC] requires waste traceability - a critically important requirement to identify hazardous waste - only 79% of waste is treated, and for 21% it is not known what happens to it. “Some wastes that contain both hazardous and non-hazardous substances are presented as non-hazardous. There is also uncertainty due to the reporting data of Member States provided to Eurostat”, said an auditor.
Recycling. Ideally, hazardous waste should be prepared for reuse or recycled, but most cannot be reused and recycling faces technical barriers and lack of market opportunities. Therefore, the auditors point out that improved recycling technologies and capacities would allow the recovery of critical raw materials from waste, especially electronic waste, and thus contribute to the EU’s strategic autonomy.
Illegal trafficking. The auditors note that this traffic generates between €1.5 and €1.8 billion per year. In order to curb it, effective controls allowing more investigations and more harmonised dissuasive sanctions are needed.
As regards the implementation of legislation already in force, the Commission has launched 216 infringement procedures against Member States in 30 years.
The Court of Auditors’ document: https://aeur.eu/f/4wm (Original version in French by Aminata Niang)