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The Federal Waste Management Plan 2023 is here!


The Federal Waste Management Plan 2023 (BAWP 2023) was published earlier this week. It replaces the previously applicable Federal Waste Management Plan 2017 (BAWPL 2017).

With 1,178 pages, the BAWP 2023 is divided into three parts for the first time:

  • Part 1 contains an inventory of waste management in Austria, treatment principles for certain waste streams, and a description of the implemented and planned measures to achieve the requirements of the Waste Management Act 2002 (AWG 2002),
  • Part 2 contains the guidelines on transboundary shipments of waste, and
  • Part 3 contains the waste prevention program.

Significant changes to the BAWP 2017

In addition to the restructuring of some chapters, data on other relevant waste streams (plastic, textile, food and carbon fiber waste as well as artificial mineral fibers), material flow diagrams (so-called “Sankey diagrams”) on the individual waste streams as well as “Austria maps” on the waste treatment facilities existing nationwide have been expanded or updated in the BAWP 2023.

In particular, the following changes have been made to the treatment principles:

  • The treatment principle “Fraction from cable processing (filter dusts and cable peeling residues)” has been added.
  • The treatment principles for “waste wood” and “sewage sludge from municipal wastewater treatment plants” have been dropped, as these are now integrated into the Recycling Wood Ordinance and the Waste Incineration Ordinance.
  • In the treatment principle “excavated materials”, two new subsections on “plant and roof substrates” and “peat-containing excavated soil material” have been included. In addition, it is now stipulated that certain excavation activities must be supervised and documented by an external authorized expert or specialized institute (waste chemical supervision).
  • The previous treatment principle “Hydrocarbon- or PAH-contaminated soils or soil-like materials (biological treatment in ex-situ processes)” has been renamed the treatment principle for the “Biological treatment of hydrocarbon or PAH-contaminated soils”.

In the guidelines on transboundary shipments of waste (Part 2), in particular the permissible levels of contamination for plastic waste have been adapted to the international specifications in accordance with EU Correspondents’ Guidelines No. 12 (6 % by mass in total for non-plastic, non-hazardous contaminants and other types of waste) and the national clarifications issued in this regard have been incorporated. Consequently, the BAWP 2023, Part 2 now explicitly differentiates between shipments from or to non-EU countries and shipments within the European Union for plastic waste. Adjustments were also made with regard to the ECJ ruling C-634/17 concerning the shipment of animal by-products.

In the new waste prevention program, the latest developments at the level of the United Nations (Agenda 2023 goals for sustainable development) and the EU (directive on single-use plastic products, packaging directive) were taken into account, new fields of action were defined (plastics & packaging, reuse and repair, textiles) and activities in the area of food waste prevention were described.

Background and legal nature of the BAWP 2023

The BAWP is to be updated every six years by the Federal Minister for Climate Action, Environment, Energy, Mobility, Innovation and Technology (cf. para. 8 AWG 2002). The first BAWP was published in 1992.

The technical specifications contained in the BAWP 2023 represent the current state of the art and are – as in the past – to be qualified as an objective, general expert opinion, from which it is possible to deviate in individual cases by means of a specialist counter-opinion (cf. analogously to the BAWP 2006 VwGH 09.06.2020, Ra 2020/13/0015).

Julius Spieldiener and Reka Krasznai will be happy to answer any further questions you may have on this topic.

The newly published guidebook “Waste Law for Businesses” by Reka Krasznai, published in cooperation with Austrian Standards and the Johannes Kepler University Linz, Institute for Environmental Law, also provides support on waste law issues.

Disclaimer

This article is for general information only and does not replace legal advice. Haslinger / Nagele Rechtsanwälte GmbH assumes no liability for the content and correctness of this article.

 

20. January 2023

 
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