Modelos de finca

1.1

Background

The Waste Framework Directive (WFD) 2008/98/EC includes the option to set so-called End-of-Waste (EoW) criteria under which specified waste fractions shall cease to be waste. If these criteria are fulfilled, the material will no longer be classified as a waste but it will instead become a product subject to free trade and use (albeit for specific purposes). According to Article 6 (1) of the WFD, a waste material (substance or object) may cease to be waste as defined in the WFD when it has undergone a recovery, including recycling, operation and complies with specific criteria to be developed in accordance with the following conditions:

The end-of-waste criteria for a specific type of waste must be developed according to the conditions set out in Article 6 (1) of the Waste Framework Directive (WFD):

(a) the substance or object is commonly used for specific purposes; (b) a market or demand exists for such a substance or object;

(c) the substance or object fulfils the technical requirements for the specific purposes and meets the existing legislation and standards applicable to products;

(d) the use of the substance or object will not lead to overall adverse environmental or human health impacts.

Additionally, the criteria shall include limit values for pollutants where necessary and shall take into account any possible adverse environmental effects of the substance or object.

In Article 6 (2) of the WFD it is stated that “End-of-Waste specific criteria should be considered, among others, at least for aggregates, paper, glass, metal, tyres and textiles.” Article 6 (4) of the WFD states that “where criteria have not been set at Community level under the procedure set out in paragraphs 1 and 2, Member States may decide case by case whether certain waste has ceased to be waste taking into account the applicable case law. They shall notify the Commission of such decisions….”

On request by the EU Commission’s DG Environment, the Joint Research Centre, Institute for Prospective Technological Studies (JRC-IPTS) carried out two studies where the first was aimed at defining the concept of EoW and developing a general classification methodology (Delgado et al., 2009) and the second was aimed at identifying waste streams suitable for non-waste classification (IPTS, 2009). The latter study has identified three different types of waste streams:

I. Streams that are in line with the basic principles of EoW and suited for further EoW criteria assessment;

II. Streams that may be in line with the principles;

III. Streams that are not considered appropriate for EoW classification.

The first category of waste streams has been further divided into two sub-categories, namely:

I.1): Streams used as feedstock in industrial processes, a pathway that controls the risks of health and environmental damage. These streams include metal scrap of iron and steel, aluminium, copper, plastics, paper, textiles, glass, metal scrap of zinc, lead and tin, other metals;

I.2) Streams used in applications that imply direct exposure to the environment. In these cases, the EoW criteria to be developed in the further assessment shall include where necessary limit values for leaching pollutants, taking into account any possible adverse environmental and health effects. The

streams in this subcategory are: Construction and demolition (C&D) waste aggregates, ashes and slag, and biodegradable waste subject to biological treatment.

Steps have been taken by the EU Commission to initiate the development of EoW criteria for waste fractions belonging to waste stream I.1, i.e. wastes that are not used in direct contact with soil and the environment.1

In view of the possible establishment of EoW criteria for waste streams of sub-category I.2 under the EU Waste Framework Directive (WFD), including aggregates that are produced from waste, the JRC- IPTS launched a call for tender for a study on the methodological aspects regarding limit values for pollutants in such aggregates. Following evaluation of the offers, DHI (Denmark) and its co-operation partners, ECN (The Netherlands) and Hans van der Sloot Consultancy (The Netherlands) were retained in 2011 to perform the study. The rationale for this preliminary study was that when aggregates are used, they may release pollutants into the environment, in particular to soil, groundwater or air, depending on their composition and manner of utilisation. This may make it necessary to include limit values on release and/or content of pollutants in possible end-of-waste criteria for these materials. This report describes the study and the resulting findings and proposals made by the contracted consortium.

1.2

Objectives

The overall objective of the study was to provide a science-based analysis of how limit values for pollutants may be developed as part of possible end-of-waste criteria for aggregates in accordance with article 6 of the WFD. In particular, the study had to:

 Identify and assess the pollution risks of using aggregates derived from waste;

 Review how the use of aggregates is regulated today in the EU with respect to avoiding pollution;  Assess the need for including limit values for pollutants in end-of-waste criteria;

 Assess the suitability of different types of limit values;

 Identify and assess the different methodological approaches for deriving pollutant limit values;  Identify the most suitable testing approaches and methods, including simplified modes of

compliance.

Health risks related to occupational or incidental hazards associated with the aggregate materials themselves are not included in the study.

It should be noted that this report only addresses indent (d) and the two subsequent lines associated with indent (d) in Article 6 (1) of the WFD. It does not address whether or not the aggregates in question are commonly used for specific purposes (indent (a)), whether or not there is a market for the aggregates (indent (b)) or whether or not the aggregates fulfil the technical requirements for the specific purposes or meets existing requirements of relevant legislation and standards (indent (c)). Therefore, the current report does not provide an analysis of the feasibility of end-of-waste criteria for aggregates. Moreover, the methodology described in this report may only become relevant if and when a given aggregate meets the requirements of indents (a), (b) and (c) in Article 6 (1) of the WFD.

1_{On 8 April 2011, Council Regulation (EU) 333/2011 of 31 March 2011 establishing criteria determining when}

certain types of scrap metal cease to be waste under Directive 2008/98/EC of the European Parliament and of the Council, was published in the Official Journal.