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Study Supporting the Evaluation of Regulation (EC) No 1013/2006 on Shipments of Waste

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Study Supporting the Evaluation of Regulation (EC) No 1013/2006 on Shipments of Waste Study supporting the evaluation of Regulation (EC) No 1013/2006 on shipments of waste (Waste Shipments Regulation: WSR) Final report Contract details European Commission – DG Environment B.3 Study supporting the evaluation of Regulation (EC) No 1013/2006 on shipments of waste (Waste Shipment Regulation: WSR) (Ref. Ares (2016) 6379866) Service request #18 under framework contract No. ENV.F.1./FRA/2014/0063 Presented by Consortium led by: Trinomics B.V. Westersingel 34 3014 GS Rotterdam the Netherlands Written by Wood (Keir McAndrew, Kastalie Bougas, Ellen Cunningham, Juan Calero) Trinomics (Rob Williams, Katarina Svatikova, William Keeling) Technopolis (Sebastian Otte, Ruslan Zhechkov) Ramboll (Ferdinand Zotz, Emiel Adriaan de Bruijne) Contact person Mr. Rob Williams T:+44 (0)7 950 229 107 E: [email protected] Mr. Keir McAndrew T: +44 (0)7 960 950 960 E: [email protected] Date May 2019 Luxembourg: Publications Office of the European Union, 2019 © European Union, 2019 For any use or reproduction of photos or other material that is not under the copyright of the European Union, permission must be sought directly from copiright holders. May 2019 Client: European Commission – DG Environment B.3 Study supporting the evaluation of Regulation (EC) No 1013/2006 on shipments of waste (Waste Shipment Regulation: WSR) under framework contract ENV.F.1/FRA/2014/0063 In association with: ISBN: 978-92-76-04115-3 - DOI: 10.2779/55678 - KH-01-19-507-EN-N Legal notice: The information and views set out in this study are those of the author(s) and do not necessarily reflect the official opinion of the Commission. The Commission does not guarantee the accuracy of the data included in this study. Neither the Commission nor any person acting on the Commission ’s behalf may be held responsible for the use which may be made of the information contained therein. CONTENTS Abstract ................................................................................................. 1 Executive Summary ................................................................................... 3 Aims of the study and methodology ..................................................................... 3 Finding and conclusions of the study ................................................................... 3 Résumé .................................................................................................. 7 Objectifs de l'étude et méthodologie ................................................................... 7 Résultats et conclusions de l'étude ...................................................................... 7 1 Introduction .......................................................................................11 1.1 This report ......................................................................................... 11 1.2 Overview of the project and its objectives ................................................ 11 1.3 Structure of this report ......................................................................... 11 2 Background to the initiative ...................................................................13 2.1 Background to the development of environmental controls for shipments of waste 13 2.1.1 Identification of the need to protect the environment in shipping waste ...................... 13 2.1.2 A global legal response – The Basel Convention .................................................... 13 2.1.3 An OECD international legal response – The OECD Decision ...................................... 14 2.1.4 The EU response - The EU Waste Shipments Regulation .......................................... 15 2.1.5 The societal relevance – Resource scarcity and environmental pressures ...................... 17 2.1.6 Trends in waste shipments ............................................................................ 18 2.1.7 Experience to date in the implementation of the WSR............................................ 24 2.1.8 The REFIT programme and Fitness Checks .......................................................... 26 2.2 Defining the baseline for the evaluation ................................................... 27 2.3 Intervention logic ................................................................................ 29 3 Evaluation questions ............................................................................33 4 Methodology ......................................................................................35 4.1 Methods used ..................................................................................... 35 4.1.1 Literature review ....................................................................................... 35 4.1.2 Initial expert interviews ............................................................................... 36 4.1.3 Public consultation ..................................................................................... 36 4.1.4 Targeted surveys ........................................................................................ 37 4.1.5 Member State Competent Authority and other stakeholder targeted interviews .............. 38 4.1.6 Workshops ............................................................................................... 39 4.2 Comment on limitations and robustness of findings ..................................... 39 5 Main challenges ...................................................................................41 5.1.1 Procedural requirements of the WSR ................................................................ 41 5.1.2 Circular economy ....................................................................................... 43 5.1.3 Problems with financial guarantees under different MS legal systems .......................... 45 5.1.4 Lack of harmonised inspection regimes ............................................................. 46 5.1.5 Exemptions for waste used for experimental / trial recycling ................................... 47 5.1.6 Classification issues ..................................................................................... 47 6 Evaluation results ................................................................................49 6.1 Effectiveness ...................................................................................... 49 6.1.1 Evaluation question 1: To what extent have the objectives been achieved? .................. 49 6.1.2 Evaluation question 2: What factors influenced the achievements observed? ................. 71 6.2 Efficiency .......................................................................................... 78 6.2.1 Evaluation question 3: To what extent are the costs involved justified/proportionate, given the effects which have been achieved? ............................................................................... 79 6.2.2 Evaluation question 4: What factors influenced the efficiency with which the achievements observed were obtained? ................................................................................................ 89 6.3 Relevance ......................................................................................... 101 6.3.1 Evaluation question 5: How well do the original objectives correspond to the objectives of the EU (and its global partners)? ...................................................................................... 101 6.3.2 Evaluation question 6: How well adapted is the WSR to (subsequent) technical and scientific progress and EU and global market developments? ................................................................. 106 6.3.3 Evaluation question 7: How relevant is the WSR in the context of the EU's international obligations resulting from inter alia the Basel Convention and the relevant OECD Decision? ................ 110 6.3.4 Evaluation question 8: Is there any provision irrelevant or outdated/obsolete in the WSR? 111 6.4 Coherence ........................................................................................ 112 6.4.1 Evaluation question 9 - To what extent is the WSR (together with Regulation (EC) No 1418/2007) coherent with other European policies? How do different policies affect positively or negatively the implementation of the WSR? ...................................................................................... 112 6.4.2 Evaluation question 10 - To what extent is the WSR coherent internally, including with Regulation (EC) No 1418/2007? ........................................................................................ 126 6.4.3 Evaluation question 11 - To what extent are strategies / legislation at Member State level coherent with the WSR, in particular Article 33? ................................................................... 130 6.4.4 Evaluation question 12 - To which extent is the WSR coherent with international commitments on waste? ................................................................................................ 132 6.5 EU Added Value ................................................................................. 137 6.5.1 Evaluation question 13 - What has been the EU added value (of the WSR together with Regulation (EC) No 1418/2007, and of the two separately) compared to what could be achieved by Member States applying national rules across the EU and/or implementing multilateral environmental agreements in this field (the UN Basel Convention and OECD decisions)? ......................................................... 138 6.5.2 Evaluation question 14- To what extent
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