COMBATTING WASTE CRIME

EU waste policy has been subject to constant development. Most notably, the EU decided to transform its linear economy (take-make-dispose) into a Circular Economy:

The 7th EU Environmental Action Programme (2013–2020) saw the emergence of the circular economy concept and its implementation in the EU's policymaking. It was coupled with the 1st Circular Economy Action Plan (CEAP) introduced in 2015 and aimed at accelerating the transition from a linear to a circular model of economy. In 2018 the Waste Framework Directive (2008/98/EC) was amended by Directive 2018/851, which is considered part of the Union's Circular Economy Package.

All 54 actions under the CEAP have been delivered or are being implemented. According to the provisions of the Circular Economy Package the main targets are the following:

• A target to recycle 65% of municipal waste by 2030.
• A target to recycle 75% of packaging waste by 2030.
• The use of economic incentives for producers to produce greener products and support recovery and recycling schemes.
• Measures to promote re-use and stimulate industrial symbiosis.
• A binding target to reduce landfill to a maximum of 10% of municipal waste by 2030.
• A ban on the landfilling of separately collected waste.
• The promotion of economic instruments to discourage landfilling; and
• Simplified and improved definitions and harmonised methods to calculate recycling rates throughout the EU.

Moreover, given that the development of Extended Producer Responsibility (EPR) in Europe has already contributed to improvements in waste prevention, reuse and recycling, the new requirements under the Circular Economy Package for increasing both recycling and landfill reduction targets will provide a further incentive for better implementation of EPR schemes across EU. This is confirmed in the wake of the recent revision of the Waste Framework Directive, as the Directive 2018/851/EU added to Article 8 that “Member States may decide that producers of products that undertake financial or financial and organizational responsibilities for the management of the waste stage of a product’s life cycle of their own accord should apply some or all of the general minimum requirements laid down in Article 8a”, seeking to – among others – determine clear roles and responsibilities of all relevant actors involved, set waste treatment targets in line with the waste hierarchy, establish a reporting system, ensure equal treatment of producers, define geographical, product and material coverage, provide an appropriate availability of collection systems, adopt the necessary financial and organizational means.

In addition, the amended Waste Framework Directive reiterated the strategic importance of waste prevention by confirming its place as a top priority for waste legislation according to the waste hierarchy. According to the revised Article 9, the waste preventive measures taken by MS shall

• “promote and support sustainable production and consumption models,
• encourage the design, manufacturing and use of products that are resource-efficient, durable (including in terms of life span and absence of planned obsolescence), repairable, re-usable and upgradable,
• encourage the re-use of products and the setting up of systems promoting repair and re-use activities, including in particular for electrical and electronic equipment, textiles and furniture, as well as packaging and construction materials and products,
• reduce waste generation in processes related to industrial production, extraction of minerals, manufacturing, construction and demolition, taking into account best available techniques”.