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point of view



         in waste prevention and management legislation and policy:   (visual or noise screening); covering landfills (final restoration of
         (a) prevention; (b) preparing for re-use; (c) recycling; (d) other   the landfill once the landfill is closed, capped and sealed).
         recovery, energy recovery; and (e) disposal.
                                                                ‘Backfilling’ allows most EU countries to declare recovery rate
         The Article 6 End-of-waste status of the WFD which concerns   that is already higher than the WFD target. While ‘backfilling’
         CDW, when recovered or recycled: ‘Certain specified waste   may result in savings on extracted materials that would be
         shall cease to be waste within the meaning of point (1) of   otherwise backfilled, it reduces the potential value that can be
         Article 3 when it has undergone a recovery, including recycling,   recovered from CDW if they are recycled as new construction
         operation and complies with specific criteria to be developed in   materials.
         accordance with the following conditions: (a) the substance or
         object is commonly used for specific purposes; (b) a market or   Since 2018, with the revision of the WFD , new provisions have
                                                                                                18
         demand exists for such a substance or object; (c) the substance   been introduced which concern CDW and which were already
         or object fulfils the technical requirements for the specific   identified as key best practices in the EU Construction and
         purposes and meets the existing legislation and standards   Demolition Waste Management Protocol (see section 2.2):
         applicable to products; and (d) the use of the substance
         or object will not lead to overall adverse environmental or   l   Clarification on definition and scope of concepts such as
         human health impacts. The criteria shall include limit values   non-hazardous waste, construction and demolition waste,
         for pollutants where necessary and shall take into account any   material recovery, backfilling among other concepts are
         possible adverse environmental effects of the substance or   required;
         object.’                                               l   Measures to be taken by EU countries to:

         At last, Article 11 Re-use and recycling, assigns the 70% re-        prevent waste generation by reducing waste
         use, recycling, recovery target by 2020 for CDW: ‘In order to   generation in processes related to industrial
         comply with the objectives of this Directive, and move towards   production, extraction of minerals and construction
         a European recycling society with a high level of resource    and demolition, taking into account best available
         efficiency, EU countries shall take the necessary measures    techniques;
         designed to achieve the following targets: by 2020, the
         preparing for re-use, recycling and other material recovery,         promote selective demolition in order to enable
         including backfilling operations using waste to substitute other   removal and safe handling of hazardous substances
                                                                       and facilitate re-use and high-quality recycling by
         materials, of non-hazardous construction and demolition waste   selective removal of materials, and to ensure the
         excluding naturally occurring material defined in category 17 05   establishment of sorting systems for construction and
         04 in the list of waste shall be increased to a minimum of 70 %
         by weight.’                                                   demolition waste at least for wood, mineral fractions
                                                                       (concrete, bricks, tiles and ceramics, stones), metal,
         Up to now, the EU countries have been including the volumes   glass, plastic and plaster;
         used for backfilling into the calculation of their national CDW   l   Criteria to determine when a product ceases to be a waste
         recovery target. The term ‘backfilling’ was defined later in   and becomes a new product again after recovery and
         2011 , and more specified in 2018 with the revision of the   treatment could be developed for aggregates.
             16
         WFD : In Art. 3 (17)(a) ‘backfilling’ means any recovery operation
             17
         where suitable non-hazardous waste is used for purposes of   At last, the Commission shall consider whether it will set targets
         reclamation in excavated areas or for engineering purposes in   for the preparing for re-use and recycling of construction and
         landscaping. Waste used for backfilling must substitute non-  demolition waste and its specific fractions by the end of 2024.
         waste materials, be suitable for the aforementioned purposes,
         and be limited to the amount strictly necessary to achieve those   3.2 Resource Efficiency and Circular Economy
         purposes.
                                                                in Construction
         In practice, ‘backfilling’ encompasses various purposes:   In 2012, the Commission released its ‘Strategy for the
         reclamation of excavated areas in construction; reclamation of   sustainable competitiveness of the construction sector and its
         excavated areas in mines and quarries; landscape engineering   enterprises’ . This comprehensive strategy associates resource
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         16  Commission Decision 2011/753/EU, https://publications.europa.eu/en/publication-detail/-/publication/a5a9f4ad-9348-427c-8939-7fe1e948886f
         17  Directive (EU) 2018/851 of the European Parliament and of the Council of 30 May 2018 amending Directive 2008/98/EC on waste (Text with EEA
          relevance), https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32018L0851
         18  Directive (EU)2018/851 amending Directive 2008/98/EC on waste
         19  Communication COM(2012)433final ‘Strategy for the sustainable competitiveness of the construction sector and its enterprises’


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