Take a look at other topics that we address in our EnviLaw newsletter #4:

• Biodiversity decline increases the risk of a new pandemic
• Energy trends are positive but the current provisions may be insufficient for reaching EU goals
• The future belongs to sustainability: How will new EU legislation strengthen the position of consumers?
• The Czech Republic can better adapt to increasingly frequent droughts thanks to an amendment to the Water Act

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New waste legislation introduces mandatory responsible public procurement

At the end of the year, legislators approved a new waste legislation that includes the new Waste Act, Act on End-of-Life Products, amendment to the Packaging Act and the amendment to certain acts in connection with the adopted Waste Act and Act on End-of-Life Products.  As this is a relatively fundamental change for the waste economy area, the liable entities had very little time to adapt  – these acts were published in the Collection of Laws on 23 December 2020 and became effective eight days later, i.e. on 1 January 2021. Moreover, a number of obligations and other aspects will have to be clarified by implementing provisions that are still being prepared.

New obligations in the sphere of public procurement represent one of the biggest innovations brought by the waste laws. As of 1 January 2021, contracting entities in public procurement must comply with the socially and environmentally responsible procurement and innovation principles.  From the environmental viewpoint, they will have to consider impact on the environment, sustainable development and lifecycle of deliveries, services and construction works.

The aim to move forward towards greater sustainability in public procurement is certainly a positive step, however, critics point at the controversial manner in which this new rule was accepted. The rules for responsible public procurement have been included in the act as a legislative rider, without a prior broader public debate. As with other changes introduced by the new waste legislation, only time will tell where they are headed.

Export of plastic waste will be more difficult in 2021

The European regulation on the shipments of waste changed with effect from 1 January 2021 and new rules became valid for export, import and shipment of plastic waste. The European Union has taken this step to meet the objectives of the European Green Deal and to reflect the revised Basel Convention.

Probably the most significant change is the complete ban on export of hazardous and hard-to-recycle plastic waste to non-OECD member countries. Export of clean, non-hazardous plastic waste will be subject to conditions set by the destination country. These changes should relieve the less-developed non-OECD member countries to which the EU plastic waste was often shipped. These countries typically do not have the necessary infrastructure to safely dispose of large amounts of waste. The plastic waste would then end up in landfills at best and in oceans and nature at worst.

Changes also affect the export of hazardous and hard-to-recycle plastic waste to non-OECD member countries and EU member countries. In these cases, the process will involve a prior written notice and approval used for shipment of waste on the “yellow” list.

Europe must improve in plastics recycling

We will stay on the subject of plastic waste a while longer.  The European commission created the Circular plastics alliance (CPA) in 2018. The aim of the CPA is to get 10 million tonnes of plastic waste back in circulation by 2025. However, the new State of Play on Collection and Sorting analysis by the CPA shows that there is still a long way to go to reach this goal. It has been ascertained that between 2016 and 2019, only about 5 million tonnes of recycled plastics got back in circulation each year; however, the CPA estimates show that up to 21 million tonnes of plastic waste are collected each year.

State of Play on Collection and Sorting Analysis

Some of the key issues concerning the collection and sorting of plastic waste according to the analysis are:

• Significant difference between the quantity of plastics (or products containing plastics) placed on the market each year and plastic waste collected in the same year.
• The fact that current technologies and infrastructure do not allow for recycling of all plastic waste.
• The fact that part of the plastic waste suitable for recycling is not sorted correctly.

So how to get at least 10 million tonnes of recycled plastic back into circulation? CPA aims to focus on research and development and introduce ideas for recycling of plastics in sectors such as the automotive industry, construction and agriculture. In addition, CPA would like to improve design in 19 categories of plastic products, which could help the EU to reach its ambitious goal.  However, we still have to wait for plans that are more specific.

Cities and regions could play an important role in the transition to circular economy

In October, the OECD issued The Circular Economy in Cities and Regions.  The report follows a survey from 51 cities and regions from OECD countries, which has shown that many cities are already more or less involved in the transition to circular economy.  However, the survey also revealed the challenges that cities and regions have to face when implementing the circular economy elements. These challenges include lack of funds, an inadequate legal framework, insufficient awareness and capacity.

OECD points out in the report that circular economy can have a positive impact not only on the environment but also on the economies of cities and regions and even countries. OECD estimates that the transition to circular economy has the potential for economic growth of as much as USD 4.5 billion. As circular economy emphasises reuse, recycling and extension of product life, the transition represents an opportunity for creating many new jobs.

Important role of cities and regions in the transition to circular economy

OECD proposes that cities and regions act as:

• Promoters. Setting clear goals for businesses and citizens and setting an example (for example, by using circularity principles in public procurement).
• Mediators. Providing contact information and infrastructure for new business opportunities.
• Active enablers of transition to circular economy. Adapting relevant regulations, allocating funds effectively, supporting the business sector and clearly communicating with businesses and citizens.