FINLAND Law and Practice Contributed by: Kari Marttinen, Laura Leino, Outi Iso-Markku and Aino Lahti-Nuuttila, Erottaja Attorneys Ltd
15. Waste 15.1 Key Laws and Regulatory Controls Finland’s waste legislation primarily follows the devel- opment of the EU’s waste legislation and policy. At an EU level, an amendment to the Waste Framework Directive (2008/98/EY) is being prepared, aiming to set binding targets for reducing food waste by 2030 and confirming the creation of a producer responsibility system for textiles in member states. Currently, the Finnish key legislation governing waste and waste management in Finland is the Waste Act and the Environment Protection Act, which implement the EU’s Waste Framework Directive (2008/98/EC). In addition, there are several lower-level national provi- sions, such as the Government Decree on Waste (No 978/2021) ( valtioneuvoston asetus jätteistä ), the Gov- ernment Decree on Waste Incineration (No 151/2013) ( valtioneuvoston asetus jätteen polttamisesta ) and the Government Decree on Landfills (No 331/2013) ( val- tioneuvoston asetus kaatopaikoista ). Waste legislation provides regulations for all waste, excluding certain special types of waste, such as nuclear and radioactive waste. Under Finnish law, an environmental permit is required for the institutional or commercial treatment of waste (including storing or disposing of waste). A comprehensive reform of waste legislation is cur- rently under way. A new Circular Economy Act is being prepared to replace the existing Waste Act, with the aim of accelerating the transition to a circular econ- omy. The new Act seeks to clarify waste-related leg- islation, reduce the regulatory burden, and establish an operating and investment environment that is as predictable as possible for circular economy opera- tors. In addition, it is intended to improve the avail- ability of information concerning waste and waste management. The Act may also incorporate new EU regulations. 15.2 Retention of Environmental Liability According to the Waste Act, the waste holder’s liabil- ity for the organisation of waste management ceases and is transferred to the new holder when the waste is handed over to:
• a person who has the right to receive such waste based on the registration in the waste management register; or • a person who has received such waste based on an environmental permit in accordance with the Environmental Protection Act or based on the reg- istration in the environmental protection database under the same Act. Waste may also be delivered to a recipient who does not require the above-mentioned approval, an envi- ronmental permit or registration if they have sufficient expertise and economic and technical capacity to handle waste management. The waste holder’s liability for the organisation of waste management ceases and is transferred to the new holder when the waste is handed over to the above-mentioned recipient. The responsibility is not transferred to the driver who carries the waste. The waste driver must dispose of the waste at the location indicated by the waste holder or the author- ity. If the waste is not accepted, the driver must return the waste to the holder, who must collect the waste. 15.3 Circular Economy Requirements Finland has implemented an extended producer responsibility scheme for certain types of waste. Duties to collect and recycle or dispose of waste apply to producers of: • electronic and electrical appliances; • batteries and accumulators; • tyres from motor vehicles; • other vehicles and equipment; • cars, vans and comparable vehicles; • printing paper and paper for manufacturing other paper products; • packaging; • cups for beverages made of single-use plastics, including their covers and lids; • air balloons made of single-use plastics; • tobacco products with filters made of single-use plastics; and • fishing gear made of single-use plastics.
203 CHAMBERS.COM
Powered by FlippingBook