Regulatory acts, as presidential decrees and ministerial decisions, complete the regulatory procedure. The Joint Ministerial Decision 50910/2003 (GG B’ 1909/2003) on (non hazardous) waste management is the most important.
Are there any provisions on «by products» and “end-of-waste status”?
Greek legislation provides for «by-products» (in art. 12 of the Law 4042/2012), and the “end-ofwaste status” (in art. 13), in compliance with the Directive 2008/98/EC (art. 5 and 6 accordingly).
Namely, a substance or object, resulting from a production process, the primary aim of which is not the production of that item, may be regarded as not being waste, but as being a by-product under specific conditions.
Certain specified waste cease to be waste, when they have undergone a recovery, including recycling, operation and comply with specific criteria.
Since the criteria have not yet been set by the European Commission (except in few specific cases) then, the relevant Authority decides case by case whether certain waste has ceased to be waste, taking into account the applicable case law.
Which are the basic legal principles on waste management according to Greek law?
According to Law 4042/2012 (art. 29 par. 2) the Directive 2008/98/EC waste hierarchy applies as a priority order in waste prevention and management legislation and policy. The management of waste should be conducted in accordance with the priority order of the waste hierarchy:
- prevention
- preparing for re-use
- recycling
- other recovery, e.g. energy recovery
- disposal
Art. 14 provides: «Waste management is carried out without endangering human health, without harming the environment and in particular:
- without risk to water, air, soil, plants or animals;
- without causing nuisance through noise of odours; and
- without adversely affecting the landscape or places of special interest».
Consequently, the abandonment, dumping or uncontrolled management of waste is forbidden.
Article 15 of the Framework Law provides that, the costs of waste management are borne by the original waste producer or by the current or previous waste holders in accordance with the polluter-pays principle .
Finally, it has to be stressed that the principles of self-sufficiency and proximity, as defined in art. 16 of Directive 2008/98 are also applied in Greece (Law 4042/2012 art. 16).
Mixing of waste with other waste or substances or materials is forbidden.
The above mentioned principles apply to all kinds of waste.
What are the main categories of waste?
Waste is classified in the main following categories:
- Hazardous waste, which displays one or more of the hazardous properties listed in Annex III of Law 4042/2012 (as the Annex III of Directive 2008/98/EC).
- Municipal waste, mainly household or similar waste.
- Waste within the scope of Law 2939/2001 on recycling.
- Wastes from human or animal health care and/or related research.
- General idustrial waste produced by industrial installations, not included in the above mentioned categories.
Urban waste water is not classified as waste and is governed by the Min. Decree 5673/1997 (GG Β΄ 192/1997).
Which are the competent Authorities?
The Ministry of the Environment is responsible for policy making, national planning, technical matters, as well as licensing and regulating the financing of large waste treatment and disposal facilities. More information can be found in the website (http//www.ypeka.gr).
Municipalities are responsible by default for the collection, transport and storage of mixed municipal waste. The operation of transfer stations, the processing and disposal of waste lies within the responsibility of Waste Management Authorities. The competent authorities on environmental matters and permits are the Decentralised Administration Authorities (so called Apokentromeni Dioikisi). The competent Authorities on industrial permits and health and safety regulations are the Regional Authorities (Perifereia)
What kind of waste management plans exist in Greece?
In the last decade all sorts of waste management plans have been drawn up according to EU waste planning requirements.
1. The National Waste Management Plan and the National Waste Prevention Program (Official Gazette A’ 174/ 15.12.2015) apply to the entire territory of Greece and define the strategy, the policy and the targets of waste management on a national level. They specify also the general obligations and appropriate measures for the treatment of waste. They provide for the issue of specific waste or regional management plans.
The National Waste Management Plan contains, amongst other things, sufficient information on criteria for site identification and on the capacity of future disposal or major recovery installations, on the existing waste collection schemes and major disposal and recovery installations as well as for the waste prevention programmes. The law also provides for review and amendment of management plans.
2. The National Hazardous Waste Management Plan (Official Gazette B’ 4326/30.12.2016) applies to the entire territory of Greece and concerns hazardous waste.
3. Regional Management Plans have already been published and they cover the geographical entity concerned (13 regions) dealing with an analysis of the current waste management situation as well as the measures to be taken, providing for an adequate and integrated network of disposal installations. The landfill sites or major waste treatment sites have to be mentioned in the regional waste management plan. Unfortunately, the specific future sites are not mentioned, so local conflicts arise.
Is a special permit on waste management necessary in order to undertake a business project in Greece?
A permit is required for all establishments or undertakings before waste treatment is carried out. The permit is incorporated in the environmental permit. All studies, information and technical data concerning waste treatment are submitted to environmental authorities as a part of the “environmental study”. The establishments or udertakings treating waste of lesser environmental impacts have to fulfill the specific terms and conditions incorporated in the operation license
The relevant procedure consists of an Environmental Study supplied to the competent Authority: either the Ministry of the Environment or the «Decentralised Administrative Authority». Establishments of lesser impacts supply a minor study called «technical survey».
The following basic information is required:
- Classification of the waste to be treated, or produced, and waste code according to the list of waste (Commission Decision 2014/955/EU ).
- Quantity, method of treatment (recovery or disposal), categories R or D.
- A concise description of the site.
- Management and operation of the waste installation and the relevant site.
- Precautionary and security measures.
- Further additional ad hoc measures.
The competent authority or authorities should be notified of any change in waste treatment which might affect the environment. Substantial changes to plant must be subject to the granting of prior authorisation in accordance with the Law.
Establishments within the scope of the I.P.P.C. Directive 2008/1 are granted a permit only when integrated environmental protection measures for air, water and land have been laid down. The permit should include all necessary measures.
What is the legal framework for landfill?
Landfill of municipal waste is regulated by Min. Decree 29407/2002 (GG B’ 1572/2002), which transposes the EU directive 99/31. Most landfill sites fall within the scope of the IPPC legislation. The vast majority of illegal sites have been closed down and cleaned up after the relevant ECJ judgments (e.g. on cases C-502/03 and C-378/13). The quantity of municipal waste is enormous, due to minimal recycling or other recovery, resulting in a major problem in Greece.
Do the public-private partnerships apply on waste management?
As mentioned, urban waste management is conducted according to the regional waste management plan, by the Waste Management Authorities. Recently there has been an increasing interest by the private sector to participate in urban solid waste treatment, mainly
through the scheme of Public – private partnerships. In case the competent public authority resorts to this kind of partnership and the corresponding public procurement, those schemes are regulated by law 3389/2005 (GG A’ 232/2005), as amended.
What is the legal framework for hazardous waste?
Hazardous waste treatment comes by default under the IPPC procedure. Law 4042/2012 and minist. decision 13588/2006 - GG B’ 383/2006 provide that their treatment is carried out on specific sites according to strict rules. Only few installations of hazardous waste treatment exist in Greece.
Hazardous waste may be treated on specific sites (or in situ, in distinctive places of the installation) according to particular technical provisions and proper methods of treatment for each kind of waste (Min. Decree 13588/2006).
The permit of the collection, preliminary storage and generally the hazardous waste treatment iw incorporated in the environmental permit. Only the transport of hazardous waste is subject to a permit. The hazardous waste has to be properly packed and labelled according to international and european union standards and followed by the appropriate identification document (law 4042 art. 17).
What are the provisions on specific management permits?
1. No environmental permit is required for collection and transport of non hazardous waste.The relevant undertakings operate prior to a «study of operation (management)», leading to a permit. The study complies with the technical requirements and the kind of waste. Waste codes are specified in the permit. Permits are granted by the Ministry of Environment or the «Decentralised Administrative Authority» and are listed in a «Register».
2. An insurance contract is necessary for the treatment of hazardous waste. The certificate of an appropriate insurance is necessary for issuing the environmental permit. The amount differs according to the method of treatment. It amounts to 1 million euros per year for disposal or recovery of major impacts facilities and transboundary shipments of waste. Half a million for lesser environmental impacts facilities, collection and transport undertakings. Insurance is not required for preliminary storage or recovery of hazardous waste in situ.
Establishments carrying out treatment of hazardous waste and similar waste on a professional basis, registered in EMAS, are insured to 50% of the above amount.
Who is liable for the waste management?
Waste producers or other waste holders who carry out the treatment of waste themselves or have the treatment handled by a dealer or an establishment or undertaking which carries out waste treatment operations or arranged by a private or public waste collector are liable for waste management.
When the waste is transferred from the original producer or holder to one of the above mentioned persons or legal entities for preliminary treatment, the responsibility for carrying out a complete recovery or disposal operation shall not be discharged as a general rule (Law 4042/2012, art. 24).
Any person who professionally develops, manufactures, processes, treats, sells or imports products (producer of the product) has extended producer responsibility as far as the waste generated.
What kind of inspections on waste management exist?
Establishments or undertakings which carry out waste treatment operations, collect or transport waste on a professional basis, brokers and dealers, and establishments or under528 takings which produce hazardous waste are subject to periodic detailed inspections by the competent authorities. Inspections concerning collection and transport operations cover the origin, nature, quantity and destination of the waste collected and transported. Registrations obtained under the Community Eco-Management and Audit Scheme (EMAS) aretaken into account regarding the frequency and intensity of inspections (Law 4042/2012, art. 19).
Is there an obligation for record keeping?
Any person who professionally treats waste has to keep a chronological register of the quantity, nature and origin of the waste, and, where relevant, of the destination, frequency of collection, mode of transport and treatment method foreseen in respect of the waste. Documentary evidence that the management operations have been carried out shall be supplied at the request of the competent authorities or of a previous holder (Law 4042/2012, art. 20).
What kind of penalties are imposed?
Penalties are imposed on persons and legal entities responsible for waste management, in cases, where they infringe on the provisions of the legal framework on waste. In case they are liable for impacts to the environment by acting or by failing to act, criminal sanctions and fines are imposed by criminal courts. Furthermore, administrative sanctions are imposede.g. fines, temporary or final repeal of permits (art. 37 of Law 4042/2012).
Is there a reporting obligation?
The waste producer or holder has the main obligation of submitting an annual report on the waste handled (codes, quantity, way of treatment, final destination etc.) every February.
What is the electronic waste registry?
- Law 4042/2012 article 42 and Ministerial Decree 43942/2016 (Official Gazette B’ 2992/2016), as amended, provide for the electronic waste registry. The Ministry of the Environment is responsible. All persons and entities involved with waste management or production of waste are obliged to submit the relevant information in details at the electronic registry till the end of February of each year.
- It keeps a registry of all persons and entities involved in the production and management of waste. It is also a qualitative and quantitative inventory of waste and its traceability.
Waste from human health care
They are regulated by the above mentioned Law 4042/2012, the Ministerial Decree 146163/2012 (Official Gazette B’ 1537/08-05-2012). The National Hazardous Waste Management Plan provides for them in par. 2.1.2, 2.3.2, 3.2.2 and in a specific plan on waste from human health care in par. 4.2.
The waste managment procedure is provided by the Internal Regulation of Waste Management of each health unit. The usual procedures are sterilization and incineration. Health units are supervised by the Ministry of Health and the Ministry of the Environment and they are closely inspected. The fines are heavy.
