legislation-profile

WFD - Waste Framework Directive

Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (Text with EEA relevance)

Scope

This Directive lays down measures to protect the environment and human health by preventing or reducing the adverse impacts of the generation and management of waste and by reducing overall impacts of resources use and improving the efficiency of such use. (Art. 1)

Exemptions

The following shall be excluded from the scope of this Directive (Art. 2(1)): (a) gaseous effluents emitted into the atmosphere (b) land (in situ) including unexcavated contaminated soil and buildings permanently connected with land (c) uncontaminated soil and other naturally occurring material excavated in the course of construction activities (d) radioactive waste (e) decommissioned explosives (f) faecal matter According to Art.2 (2) additional exemptions apply to the extent that they are covered by other Community legislation.

Regulatory activities

Permits Member States shall require any establishment or undertaking intending to carry out waste treatment to obtain a permit from the competent authority. (Art. 23 (1)) Registration Where the following are not subject to permit requirements, Member States shall ensure that the competent authority keeps a register of: (a) establishments or undertakings which collect or transport waste on a professional basis; (b) dealers or brokers; and (c) establishments or undertakings which are subject to exemptions from the permit requirements. (Art. 26)

Relevant product types

Not applicable

Obligations based on CLP hazard class

Yes. Annex III provides HP waste codes 1-15, which are defined in terms of GHS hazard classes and categories, and H statements - based on CLP (1272/2008/EC).

Obligations based on properties of concerns

Yes. Annex III- Properties of waste which render it hazardous

EU-level occupational exposure limits

Not applicable

EU-level emission limit values

Article 25, refers ''the limit values for the content of hazardous substances in the waste as well as the emission limit values''

Substance-centric data source(s) at the EU level

Not applicable

Industry submission system in place

No

Format for industry submission

Not applicable

Owner

MS Competent authorities; DG ENV (in the context of reporting and monitoring on implementation of the Directive)

Update process

Not applicable as no substance lists included in the Directive

Amendments

Commission Regulation (EU) No 1357/2014 of 18 December 2014 replacing Annex III to Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives Corrigendum to Commission Regulation (EU) No 1357/2014 of 18 December 2014 replacing Annex III to Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives Commission Directive (EU) 2015/1127 of 10 July 2015 amending Annex II to Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives Corrigendum to Commission Directive (EU) 2015/1127 of 10 July 2015 amending Annex II to Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives Council Regulation (EU) 2017/997 of 8 June 2017 amending Annex III to Directive 2008/98/EC of the European Parliament and of the Council as regards the hazardous property HP 14 'Ecotoxic' Directive (EU) 2018/851 of the European Parliament and of the Council of 30 May 2018 amending Directive 2008/98/EC on waste Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC