MOF, Alm.del - 2022-23 (2. samling) - Endeligt svar på spørgsmål 631: Spm. om status for administrationsgrundlag for indsigelser og proces i spørgsmål om nyttiggørelse ctr. bortskaffelse

Miljø- og Fødevareudvalget 2022-23 (2. samling)
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23-02-2023

Amalie Wang Norus (Sagsbehandler, Cirkulær økonomi)

DE ROTALIER Gael ([email protected]);

AERTS Yorg ([email protected])

SV: Meeting regarding hazoudous waste for recovery

operations

409427

Amalie Wang Norus

SV Meeting regarding hazoudous waste for recovery operations

Issues in relation to shipments of hazardous oily wastewater

13. jun 2023

MOF, Alm.del - 2022-23 (2. samling) - Endeligt svar på spørgsmål 631: Spm. om status for administrationsgrundlag for indsigelser og proces i spørgsmål om nyttiggørelse ctr. bortskaffelse

-- AKT 409427 -- BILAG 1 -- [ SV Meeting regarding hazoudous waste for recovery operations ] --

DE ROTALIER Gael ([email protected]), AERTS Yorg ([email protected])

Sidsel Bjøl ([email protected]), Rasmus Boldsen ([email protected]), [email protected] ([email protected]), Jørgen

Nyberget ([email protected])

Amalie Wang Norus ([email protected])

Fra:

Titel:

SV: Meeting regarding hazoudous waste for recovery operations

Sendt:

23-02-2023 11:36

Bilag:

Issues in relation to shipments of hazardous oily wastewater.docx;

Til:

Cc:

Dear Yorg and Gaël,

Sorry to bother you at Open Ended!

Just a little follow up from my end, I have explained our issue a little further in the attached note.

I am looking forward to hearing from you soon regarding the meeting, as mentioned earlier a collogue and I would

ike to come to Brussels to discuss our issue further.

Best regards

Amalie Wang Norus

| Cirkulær økonomi

+45 22 72 74 52 | +45 22 72 74 52 | [email protected]

Ministry of Environment

Frederiksholms Kanal 26 | 1220 Copenhagen K | Tel. +45 38 14 21 42 | [email protected] | www.mim.dk

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Fra:

Amalie Wang Norus

Sendt:

16. februar 2023 14:56

Til:

'DE ROTALIER Gael' <[email protected]>; 'AERTS Yorg' <[email protected]>

Cc:

'Sidsel Bjøl' <[email protected]>; Rasmus Boldsen <[email protected]>; 'Anders Fink' <[email protected]>

Emne:

SV: Meeting regarding hazoudous waste for recovery operations

Just a little confusion from my side, I forgot that only Danes use numbers for the weeks, so perhaps a meeting

between 27

of February and the 3

of March would be possible?

Kind regards,

Amalie

Fra:

Amalie Wang Norus

Sendt:

16. februar 2023 14:51

Til:

DE ROTALIER Gael <[email protected]>; AERTS Yorg <[email protected]>

Cc:

'Sidsel Bjøl' <[email protected]>; Rasmus Boldsen <[email protected]>; 'Anders Fink' <[email protected]>

Emne:

Meeting regarding hazoudous waste for recovery operations

Dear Gael and Yorg,

I hope this e-mail finds you well and that you are doing well. I am back from maternity leave and see that I am just in

time for the closing of the revision of the waste shipment regulation – I see that you have done great progress on the

revision.

My Minister, Magnus Heunicke, had a meeting with your Commissioner on February 10

in which they discussed an

issue that we in Denmark has been trying to solve for some time now. Basically we have some problems in the

balance between operations for recovery and operations for disposal. We have a Danish company whom import oily

waste water for recovery, however there is on 3 pct. of the imported oily water that can be recovered the rest is

MOF, Alm.del - 2022-23 (2. samling) - Endeligt svar på spørgsmål 631: Spm. om status for administrationsgrundlag for indsigelser og proces i spørgsmål om nyttiggørelse ctr. bortskaffelse

going for disposal. My Minister and your Commissioner agreed that we could have further technical discussions on

the subject. Therefore, I would ask if we could come visit you sometime next week hopefully, or perhaps the

beginning of the week after (week 9).

I will follow up as soon as possible with a one pager explaining our issue a little more in depth.

Please do not hesitate to get in touch if you require further information.

Best regards

Amalie Wang Norus

Circular Economy

+45 22 72 74 52 | +45 22 72 74 52 |

[email protected]

Ministry of Environment

Frederiksholms Kanal 26 | 1220 Copenhagen K | Tel. +45 38 14 21 42 |

[email protected]

www.mim.dk

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Twitter

Instagram

MOF, Alm.del - 2022-23 (2. samling) - Endeligt svar på spørgsmål 631: Spm. om status for administrationsgrundlag for indsigelser og proces i spørgsmål om nyttiggørelse ctr. bortskaffelse

-- AKT 409427 -- BILAG 2 -- [ Issues in relation to shipments of hazardous oily wastewater ] --

Case No 2021 - 2822

February 23 2023

Issues in relation to shipments of hazardous oily wastewater

The Danish case

In Demark, we are phasing a challenging situation regarding a Danish company importing oily

wastewater for recovery. The shipment consists of only about 3% oil for recovery, while the remaining

part of the shipment is destined for a disposal operation. The Danish reading of the current waste

shipment regulation as well as the revised proposal do not foresee a possibility for objecting such

shipments.

Danish understanding of the waste shipment regulation

MS can currently object to the shipment of hazardous waste destined for disposal according to Article

11 of the Waste Shipment Regulation. Article 12 makes it possible to transfer waste destined for

recovery, as long as the competent authorities do not raise any objections regarding the shipment,

according to the list of grounds for objections in Article 12.

It is our understanding, that Article 11 regulates shipments, where the total amount of waste is

destined for disposal while Article 12 regulates shipments fully destined for recovery. To assess if an

operation is recovery or disposal, it has to be assessed what the principle objective of the first

operation is, as that establishes the assessment of the operation in question. However, it is unclear

how the competent authority should respond to a shipment of wastewater where only a very limited

part of the shipment is destined for a recovery operation (principle objective) while the vast majority of

the shipment is destined for a disposal operation (secondary objective).

It is our understanding that an MS only can object to such a shipment by using Article 12, paragraph 1,

point g, which allows for the competent authority to evaluate whether the cost of the disposal of the

non-recoverable fraction of the waste do not justify the recovery of the recoverable part of the waste. In

such a justification, MS can apply economic or environmental considerations. It is our understanding

that the so-called

environmental consideration

is only meant to be understood as

best available

technology (BAT) requirements.

In the Danish case, this justification would not be sufficient to object to the shipment of oily

wastewater. Economically, it is still a good business case to import oily wastewater for recovery, even

when the wastewater only contains around 3% oil. Environmentally, the facility uses BAT

requirements, and consequently, we do not see any ground for utilizing the objection in Article 12,

paragraph 1, point g.

The revised proposal for WSR with the full prohibition of shipment of waste destined for disposal in

Article 11 does not alter the abovementioned Danish case. With the proposal, an MS would still not

have any grounds for objections for a shipment of hazardous waste destined for recovery, even if the

Ministry of Environment • Frederiksholms Kanal 26 • 1220 Copenhagen K Denmark

Phone +45 38 14 21 42 • CVR 12854358 • EAN 5798000862005 • [email protected] • www.mim.dk

MOF, Alm.del - 2022-23 (2. samling) - Endeligt svar på spørgsmål 631: Spm. om status for administrationsgrundlag for indsigelser og proces i spørgsmål om nyttiggørelse ctr. bortskaffelse

amount of waste for recovery is insignificant compared to the fraction of non-recoverable waste that

would have to be disposed of.

Consequently, we foresee that these shipments containing only insignificant amounts of recoverable

waste can continue to take place with the new legislation without any grounds for objection. We

believe that there might be inconsistencies between the Commission’s proposal in Article 11 on

prohibition of shipments of waste destined for disposal and Article 12 on the possible objections to

shipments of waste destined for recovery. Specifically in relation to wastewater, we find it inconsistent

to prohibit shipments of waste destined for disposal while at the same time making it possible for such

shipments to be carried out even if they only include a small amount of waste destined for recovery.