Landfill of waste: resource efficiency. Circular economy package

PURPOSE: to improve waste management in the Union in order to facilitate Europe’s transition to a circular economy.

LEGISLATIVE ACT: Directive (EU) 2018/850 of the European Parliament and of the Council amending Directive 1999/31/EC on the landfill of waste.

CONTENT: this Directive amending Directive 1999/31/EC on the landfill of waste is part of a package of measures on the circular economy which includes a package of measures on waste, consisting of four legislative proposals laying down new rules on waste management and setting legally binding targets for recycling.

Phasing out landfilling: in order to support the Union's transition to a circular economy, the revised Directive aims to:

• ensure a progressive reduction of landfilling of waste, in particular of waste that is suitable for recycling or other recovery, and, by way of stringent operational and technical requirements on the waste and landfills;
• provide for measures, procedures and guidance to prevent or reduce as far as possible negative effects on the environment, in particular the pollution of surface water, groundwater, soil and air, and on the global environment, including the greenhouse effect, as well as any resulting risk to human health, from landfilling of waste, during the whole life-cycle of the landfill.

Restrictions on landfilling by 2030: in order to ensure proper application of the waste hierarchy, appropriate measures should be taken to apply, as of 2030, restrictions on landfilling to all waste that is suitable for recycling or other material or energy recovery. Those restrictions should not apply where it can be demonstrated that waste is not suitable for recycling or other recovery and that landfilling would result in the best overall environmental outcome.

2035 target: by 2035, the annual amount of municipal waste going to landfill should be reduced to 10% or less of the total amount of municipal waste produced.

A Member State may postpone the deadline for attaining the target by up to five years provided that: (i) that Member State landfilled more than 60 % of its municipal waste generated in 2013; (ii) at the latest 24 months before the deadline, it notifies the Commission of its intention to postpone the deadline and submits an implementation plan. The Commission may request a Member State to revise its plan if it considers that the plan does not comply with the requirements of Annex IV to the Directive.

In the event of postponing the deadline, the Member State shall take the necessary measures to reduce by 2035 the amount of municipal waste landfilled to 25 % or less of the total amount of municipal waste generated (by weight).

By 31 December 2024, the Commission shall review the target laid down with a view to maintaining or, if appropriate, reducing it, to considering quantitative target per capita on landfilling and to introducing restrictions to the landfilling of non-hazardous waste other than municipal waste.

Rules for the calculation to assess the achievement of targets: in order to ensure the reliability of the data, the revised Directive defines precisely the rules according to which Member States will have to report municipal waste that has been landfilled. Within this framework, Member States will have to put in place an effective quality control and traceability system for municipal waste landfilled.

The Directive also provides for:

• a system of early warning reports to detect shortcomings and allow taking action ahead of the deadlines for meeting the targets;
• regular exchanges of information and of best practices among Member States, including, where appropriate, with regional and local authorities, on the practical implementation of the requirements of this Directive;
• the possibility for Member States to use economic instruments and other measures to encourage the application of the waste hierarchy.

ENTRY INTO FORCE: 4.7.2018.

TRANSPOSITION: no later than 5.7.2020.