WMCE Subproject-Applying EU Waste Legislation to Circular Business Models

Legıslatıve Framework

• Directive 2008/98/EC on waste (Waste Framework Directive)
• New EU Circular Economy Action Plan 11/03/2020
• Basel Convention on the control of transboundary movements of hazardous wastes and their disposal
• Regulation (EC) No 1013/2006 on shipments of waste

Relevant provisions and recitals of the WFD are the following:

• According to article 3.1 of the WFD waste is defined as any substance or object which the holder discards or intends or is required to discard.
• According to the waste hierarchy in article 4 of the WFD reuse, repair and other waste prevention measures are preferred over preparation for reuse^[1], recycling and other waste recovery operations.
• Recital 61 of the WFD stresses the need for a common understanding and application in practice of the term ‘discard’, especially taking into account circular business models in which, for instance, a substance or object is transferred from one holder to another holder without the intention to discard.
• Recital 29 of the WFD states that waste prevention is the most efficient way to improve resource efficiency and to reduce the environmental impact of waste. It is important therefore that Member States take appropriate measures to prevent waste generation (…). As part of such measures (…) Member States should facilitate innovative production, business and consumption models that (…) promote reuse including through the establishment and support of reuse and repair networks, such as those run by social economy enterprises, deposit-refund and return-refill schemes and by incentivising remanufacturing, refurbishment and, where appropriate, repurposing of products as well as sharing incentivising remanufacturing, refurbishment and, where appropriate, repurposing of products as well as sharing platforms. (…)