Waste management #2: A legal concern

In a world in which every little action counts, it is essential for all companies to have a responsible approach.

Reducing our carbon footprint, using sustainable resources, preventing pollution, zero plastic, zero waste, ... All these ecological transitions are a major priority that continues to accelerate.

In this series of 5 articles we will explore the different issues of waste management inside companies.

A legal concern

Nowadays, many legal requirements related to waste have been put in place in order to make a maximum of companies and industrialists aware of the subject and to allow a better valuation of the waste.

In the European Union

To standardize the management of packaging and packaging waste, the 94/62/EC directive establishes rules applicable throughout the whole European Union (EU).

It aims in particular to :

• harmonize national measures concerning the management of packaging and packaging waste;
• take preventive action to reduce the impact of packaging and packaging waste on the environment
• improve the quality of the environment.

According to a study published by Euractiv, Europe generated 174.1 kg of packaging per inhabitant in 2018!

Established in 1994, 2018/852 EU directive therefore adds new measures to it. The aim being to "limit the generation of packaging waste, and promote the reuse, recycling and other forms of recovery of packaging waste, rather than its final disposal, thus contributing to the transition to a circular economy".

"For the first time, the European Commission is committing to fully focus on waste prevention in the packaging regulation. We believe this is a great opportunity to reduce the overall amount of packaging and packaging waste in the European market. We are currently at the highest level in history," said Jean-Pierre Schweitzer, member of the European Environmental Office, an environmental action group.

To go even further on waste prevention, the European Commission also announced that it wants to "make all packaging fully recyclable by 2030, as part of its circular economy action plan."

To implement this, a new action plan and adapted strategy will be voted by the European Commission in 2022.  The main objective being to solve the waste problem in Europe, including further changes to the packaging waste regulation.

New measures, such as a deposit system, minimum percentages of reusable packaging put on the market each year for each packaging waste... could be introduced.

In France

Each country also has its own legislation to regulate waste management. For example, in France, the decree of March 10, 2016 (n°2016-288) specifies "the regulatory provisions relating to the circular economy and waste prevention and management. It modifies the rules applicable to the collection of household waste by the public waste management service and provides new measures for sorting and separate collection by producers or holders of paper, metal, plastic, glass and wood waste."

As a result, companies are obligated to sort selectively (paper-cardboard, plastics, wood, metals, glass, bio-waste, etc.) or face penalties.

The obligation also came into force on July 1, 2016 for companies with more than 100 people, January 1, 2017 for those with more than 50 people and January 1, 2018 for those with more than 20 people.

WARNING: Companies that do not comply with this decree may be sanctioned and risk an administrative fine of up to 15,000 euros, as well as a daily fine in accordance with Article L541-3 of the French Environmental Code. This also constitutes a criminal offence punishable by a maximum sentence of two years imprisonment and a fine of €75,000 (4° and 8° of article L541-46 of the same Code).

The association Zero Waste France has moreover filed a complaint in 2018 against a McDonald's restaurant and a KFC restaurant for "absence of waste sorting in the room and massive recourse to disposable everything contrary to the hierarchy of waste treatment methods." The case is still pending...

The decree of 31 May 2021 is another example. For its part, it stipulates, by actor and by type of waste, the type of information that must be transmitted to the national electronic waste register as of January 1, 2022. In the interest of transparency and improvement, companies must now provide reporting to track waste.

Next episode : 3. Waste management : A brand image concern

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