UNDP – ACT in Cyprus aims at creating opportunities for both the Greek Cypriot (GCC) and Turkish Cypriot (TCC) Communities to work together on concrete projects for the benefit of all people on the island, while at the same time promoting tolerance and mutual understanding. One of the areas of interest of UNDP is the protection of the environment and sustainable development.

As part of its six-year Programme (2005-2011) aiming to help Cypriots to deepen the bonds of cooperation and trust, UNDP has initiated the study “Island-wide approach to recycling in Cyprus”. Over the last few years, there have been many calls to promote bi-communal cooperation around the issue of recycling, and this project is designed to examine the options available, in particular in the Nicosia area.

More specifically, this project is intended to research the existing fate of waste streams in both communities, with a particular focus on household appliances, electronics equipment, plastics, metal, glass and paper. Following this analysis, a comparison of the existing situation with EU requirements will be undertaken, leading to concrete recommendations for bi-communal opportunities for recycling.

The Present report comprises of:

· A presentation of related programmes

· A presentation of the island profile

· Presentation of the EU institutional and legal background regarding waste management as well as the regulatory framework within each community.

· A presentation of the current recycling status of the two communities

· A feasibility study on proposed cooperation actions

2 Island Profile

Cyprus is an island located in the north-eastern part of the Mediterranean Basin and at the crossroad of three continents: Africa, Asia and Europe. It is the third largest island in the Mediterranean with a total area of 9,251 km² (240 km east to west and 100 km north to south). The total island population is estimated to about 1 million. The latest population census in the GCC occurred in 2001 and showed a population of 705,000. According to the Cyprus Statistical Service latest bulletin (25/06/2009) GCC population for 2007 is estimated to 789,000. The population of Nicosia District (GCC) for 2007 is 310,000.

The latest data for the TCC (May 2006) and show a population of 264,000. The TC population of Nicosia area is 85,000[1]. It must be noted however that the census recorded everyone who was present within the TCC area on the day of census, including tourists and everybody who was in the country for temporary reasons.

The main languages on the island are Greek, Turkish and English. Main religions found on the island are: Greek Orthodox (78%), Muslim (18%), Maronite, Armenian Apostolic, and other (4%).

The GCC economy has an estimated GDP per Capita of €27,000 (for 2007) and a growth rate of about 3.7%. Main economic activities are the services (mainly tourism), industry (mainly construction) and agriculture contributing 80%, 18% and 2% of the national GDP respectively (2008 figures). The used currency after the accession to the EU in 2004 is the Euro.

The TCC economy is dominated by the services sector (69% of GDP in 2007), which includes the public sector, trade, tourism and education. Industry (light manufacturing) contributes 22% of GDP and agriculture 9%. Assistance from Turkey is still crucial to the Turkish-Cypriot economy. The GDP per capita for 2007 was €10,500 with a growth rate of 2%. Studies by the World Bank show that the per capita GDP in TCC was 76% of the per capita GDP in the GCC, in PPP-adjusted terms in 2004. The TCs use the Turkish Lira.

2.1 EU Accession

In the context of the fifth enlargement of the EU, of 1^st May 2004, Cyprus acceded as a full member of the EU. Even though the whole island was accessed in the EU, according to Protocol 10 of the accession, EU acquis communautaire is suspended in the TCC, until a solution to the Cyprus issue is achieved. On the same time, the ‘Green Line Regulations’ were put into force, which define the terms under which the provisions of EU law apply to trade across the buffer zone.

Furthermore, for the support of the TCC economy, a number of economic measures have been established by the EU. An EU aid regulation towards the TCC amounting to 259 million euro, was adopted in February 2006.

3 Institutional Background

3.1 GCC

The GCC is divided into 6 districts, 27 municipalities and 363 communities (Table 1)

Table 1: GCC Administration Divisions

Districts	Municipalities (>5,000 population)	Communities (<5,000 population)
Nicosia (Capital)	8	95
Limassol	5	103
Larnaca	4	48
Paphos	4	101
Famagusta	3*	6*
Kyrenia	3**	10**
	27	363

*after 1974 **before 1974

Waste Management is fragmented in GCC, with many departments having responsibilities over different waste streams. The main authorities involved with waste management are:

§ Ministry of Interior (MOI): responsible for the overall management of domestic waste and the drafting of legislation and policy on waste.

§ Ministry of Agriculture, Natural Resources and Environment (MANRE): The Environment Service (ES) of MANRE is responsible for a variety of waste related matters such as recycling, packaging waste and hazardous waste. Its responsibilities arise from the Waste Framework Law 215(Ι)/2002 and the Law on Packaging and Packaging Waste No.32(I)/2002. According to Regulation 668-2004, the ES is also responsible for the implementation of the WEEE directive in Cyprus.

§ Local authorities: Responsible for the collection, disposal and treatment of domestic waste and the operation of waste treatment facilities.

3.2 TCC

The TCC is divided into five “districts”: Nicosia (capital), Famagusta, Kyrenia, Morphou and Trikomo. There are 28 “municipalities” in the TCC and 187 ““villages””. Waste services are managed by internal departments of the local “municipal councils” whereas the 187 communities’ services are organised under the direction of the mukhtars (elected ““village”” heads) with support from district offices. Six of the “municipalities” are classed as urban with populations ranging from 7,000 to 50,000 and the other 22 have populations in the range 490 to 4,000. “village” populations range from tens to a few hundreds and are spread throughout the TCC.

The general local administrative structure in TCC operates at two levels: through “Municipal Councils” and “village” Commissions. These are independent bodies responsible for the management of their local affairs and there is no hierarchical relationship between them. “Municipal Councils” constitute the form of local structures in the district towns and in a number of large “villages”. “village” commissions constitute the local structures in all remaining “villages”[2].

“Mayors”, mukhtars, members of the “Municipal Councils” and “village” Commissions are elected by universal suffrage. Thus, the central authorities’ involvement is limited to extending technical and administrative support and supervision.

Waste management and all other environmental issues are the responsibility of the “Department of Environmental Protection” under the “Ministry of Environment”. The “Department of Environmental Protection” was established in 1990 and its operation is dictated mainly by the “Environmental Framework Law 21/97”.

The responsibility for collection, treatment and disposal of municipal waste is placed on the local authorities. However, the “Ministry of Environment” is responsible for monitoring and control of waste management operations. According to the legislation, waste disposal installations are obliged to obtain permits, but the requirements are comparatively soft and limited to an environmental impact assessment before the start of operations. In addition, the requirements seem to be quite informal and poorly implemented as all existing landfills are operating without permits.

4 Legislative Framework

4.1 European Union legislation

The EU waste management regime is set out in two parent directives: the Waste Framework Directive (2006/12/EC) and the complementary Hazardous Waste Directive (91/689/EEC). These directives are supported by two groups of “daughter Directives”. One group sets out legal requirements for waste disposal facilities, e.g. landfills. The other group deals with specific waste streams such as waste oils, packaging waste and batteries. Relevant to all of these directives is the Waste Shipment Regulation ((EC) No 1013/2006).

The main daughter directives dealing with recycling are:

· Packaging and packaging waste directive (94/62/EC)

· Waste oils directive (75/439/EEC)

· Directive on batteries and accumulators (91/157/EEC)

· PCB/PCT directive (96/59/EC)

· Directive on end-of-life vehicles (2000/53/EC)

· WEEE directive (2002/96/EC)

For the purposes of this study the relevant directives that will be discussed in more detail are:

· Packaging and packaging waste directive (94/62/EC)

· WEEE directive (2002/96/EC)

Due to the fact that Cyprus has limited waste treatment facilities, it exports the vast majority of its collected and sorted waste that is to be recycled. The EC regulates the export of wastes by the Regulation (EC) No 1013/2006 .

Due to the political situation in Cyprus, other significant legislative acts are Green Line Regulations - (EC) No 866/2004 under Article 2 of Protocol 10 to the Act of Accession. These regulations regulate the trade between the GCC and TCC and in a way the TCC and EU trade relations.

5.1.1 Waste Framework Directive (2006/12/EC)

The Directive 2006/12/EC is the basically the amendment of Directive 75/442/EEC and its amendments: directives 91/156/EEC, 91/692/EEC, 96/350/EC, and 96/59/EC

This directive is the framework for management of all waste and forms the basis for all following directives.

The framework directive prescribes central principles:

§ The waste management hierarchy: Prevention, re-use, recycling and recuperation of energy and materials get priority.

§ Principle of Best Available Technology (BAT): disposal facilities must be equipped with the best available technology. The BAT is selected on technological, environmental and economical criteria.

§ Principle of proximity: Waste must be treated as close as possible to the place of production or collection.

§ Principle of Self-sufficiency: Every member state, every community is responsible of its own waste.

§ Polluter Pays Principle (PPP): Waste disposal facilities must not be paid by tax payer’s money, but by the polluter.

The directive also puts specific obligations on the member states to ensure corporate governance. Every state must make a waste management plan which integrates local, regional and national needs. The Member state is responsible for control on the disposal facilities. A system of licenses has to be introduced. Member states must install a monitoring and reporting system in accordance with the European guidelines.

5.1.2 Packaging and Packaging Waste Directive 94/62/EC: glass, metals, plastics and paper

The European Union (EU) Packaging and Packaging Waste Directive aims to harmonise national measures for managing packaging and packaging waste in the EU. The aim is to prevent or reduce impacts on the environment of all Member States and other countries, thus providing a high level of environmental protection, and to ensure the functioning of the internal market, avoiding obstacles to trade and distortion and restriction of competition within the Community.

The directive lays down measures aimed primarily at preventing the production of packaging waste and, as an additional fundamental principle, at reusing packaging, and recycling and other forms of recovery of packaging waste, hence reducing the need for disposal.

In addition to the general objectives, the directive has three sets of specific targets:

§ Quantitative targets for recycling and recovery

§ Essential requirements to be fulfilled in order to place packaging on the European market

§ Targets for the concentration of heavy metals in packaging.

In December 2004, Directive 94/62/EC was amended by the Directive 2004/12/EC which establishes criteria clarifying the definition of the term 'packaging'. Clear examples are given in Annex I, such as tea bags, which are non-packaging, and the film overwrap around a CD case or labels hung directly on or attached to a product, which are packaging. This Annex replaced Annex I to Directive 94/62/EC. This project is only concerned with the four main packaging waste streams: glass, paper, metal and plastic.

Table 2 that follows shows the targets and deadlines of the parent and amended directive.

Table 2: Recycling and recovery targets of the packaging directive

	Act Directive (94/62/EC)	Amended Directive (2005/20/EC)
Deadline for all	30.06.2001	31.12.2008
for P, GR, IRE	30.06.2005	31.12.2011
for new members	2005 - 2009	31.12.2012 – 2015
Recovery	Min.: 50 %	Min.: 60 %
Recovery	Max.: 65 %	Max.: -
Recycling	Min.: 25 %	Min.: 55 %
Recycling	Max.: 45 %	Max.: 80 %
Recycling of Specific Materials
Glass	Min.: 15 %	Min.: 60 %
Paper	Min.: 15 %	Min.: 60 %
Metal	Min.: 15 %	Min.: 50 %
Plastic	Min.: 15 %	Min.: 22,5 %

At the end of 2006, the Commission presented a report on the implementation of the Packaging Directive and on the options for increasing the prevention and reuse of packaging.

Directive 2005/20/EC set a later deadline for the 10 new Member States (the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia, Slovakia) to meet the targets of the revised Packaging Directive. The extensions are until 31 December 2012.

Table 3: The packaging and packaging waste directive and its amendments

Act	Date of entry into force	Final date for implementation in the Member States	Official Journal
Directive 94/62/EC	31.12.1994	30.6.1996	OJ L 365, 31.12.1994

Amending Act(s)	Date of entry into force	Implementation in the Member States	Official Journal
Directive 2004/12/EC	18.2.2004	18.8.2005	OJ L 47, 18.2.2004
Directive 2005/20/EC	5.4.2005	9.9.2006	OJ L 70, 16.3.2005

Source: Europa Website

5.1.3 Waste Electrical and Electronic Equipment (WEEE) 2002/96/EC: electronics and household appliances

The WEEE Directive is aimed at reducing the amount of waste electrical and electronic equipment that ends up in landfills. It is broad in scope, covering most electrical and electronic equipment used by consumers or intended for professional use that may end up in the municipal waste stream, including products sold in the EU from abroad and products sold electronically.

Ten categories of products are covered:

1. Large household appliances (refrigerators, washing machines, stoves, etc.)

2. Small household appliances (vacuum cleaners, toasters, hair dryers, etc.)

3. Information and telecommunications equipment (computers and peripherals, cell phones, calculators, etc.)

4. Consumer equipment (radios, TVs, stereos, etc.)

5. Lighting (fluorescent lamps, sodium lamps, etc.)

6. Electrical and electronic tools (drills, saws, sewing machines, etc.)

7. Toys, leisure, and sports equipment (electric trains, video games, etc.)

8. Medical devices (ventilators, cardiology and radiology equipment, etc.)

9. Monitoring instruments (smoke detectors, thermostats, control panels, etc.)

10. Automatic dispensers (appliances that deliver products such as hot drinks).

Extended Producer Responsibility (EPR) and Design

To encourage designs that facilitate repair, reuse, disassembly, and recycling, the WEEE Directive establishes the principle of EPR for dealing with this waste stream. Under the EPR producers, defined as the brand name on the product or the importer of the product, are financially responsible for taking back their own products at end of life and managing them in accordance with the directive. Producers may form a collective system to fulfil their obligations. According to the Directive, producers may not use design features that prevent products from being reused unless such features provide overriding safety or environmental benefits.

Furthermore, retailers are obligated to provide free take-back on an “old for new” basis.

Separate Collection

A primary goal of the directive is “to minimize the disposal of WEEE as unsorted municipal waste and to achieve a high level of separate collection of WEEE.” To this end, member states must ensure that there are systems in place, financed by producers, to separately collect waste electrical and electronic equipment from end users. This equipment must be separately collected from private households at an average rate of at least 4 kg (8.8 lbs) per person per year. Convenient collection points must be set up where municipalities can deposit waste equipment collected from households or consumers can return their waste equipment free of charge.

Management of Waste Electrical and Electronic Equipment

Management systems may be organized by producers on an individual or collective basis. The directive sets separate targets for reuse/recycling and recovery (which includes waste-to-energy recovery), based on amounts collected by weight.

Producers must give priority to reuse, and targets must be achieved by December 31, 2006. Member states must ensure that records are kept on the amounts of materials entering and leaving treatment, recycling, and recovery facilities. The best available treatment, recycling, and recovery techniques must be used. Member states must also ensure that treatment facilities obtain all relevant permits from the appropriate authorities.

Table 4: Product Category Recovery (%) Reuse/Recycling (%)

December 31, 2006,Targets for Recovery and Reuse/Recycling, by weight

Any exports of waste electrical and electronic equipment for treatment must comply with EU and OECD (Organisation for Economic Cooperation and Development) regulations on the export of waste. Exported equipment will not count toward recovery and reuse/recycling targets unless the exporter can prove that the waste treatment methods used meet the requirements of the directive. The directive also specifies many substances and components that must be removed from all separately collected waste electrical and electronic equipment. These include polychlorinated biphenyls (PCBs), mercury, printed circuit boards in cell phones, plastics that contain brominated flame retardants, and certain liquid-crystal displays (LCDs).

Financing

Producers are responsible for the costs of picking up waste electrical and electronic equipment from collection facilities and for refurbishing waste products for reuse or for recycling and recovery.

For “historical” products” (i.e., those put on the market before August 13, 2005), the costs of waste management are to be shared by all producers in existence at the time those costs are incurred. These producers may impose a separate “visible fee” (one that is explicitly designated, perhaps on the price tag) to cover these costs for eight years (ten years for large household appliances). End users other than households may be made partly or totally responsible for financing the management of historical products. For new products (i.e., those put on the market after August 13, 2005), producers have “individual responsibility.” That is, they must pay the cost of managing their own products. They can do this through programs set up by individual companies or through participation in collective schemes. No visible fees are permitted to fund the management of waste from new electrical and electronic products.

Labelling and Product Information

According to the Directive, every product must bear a label that:

1. verifies that it was put on the market after August 13, 2005

2. verifies that it will be separately collected

3. bears the name of the producer.

Producers must provide information to consumers on the collection systems available and on the environmental and health impacts of hazardous substances contained in waste electrical and electronic products. Producers must also provide information to facilitate the environmentally sound reuse, recycling, and treatment of waste electrical and electronic products. Such information includes the identity of components and materials and the location of dangerous substances inside a product.

Reporting

Member states must establish a register of producers and collect annual information on the amounts of electrical and electronic equipment that are put on the market, collected, reused, recycled, and recovered. They must transmit this information to the EU Commission every two years.

Enforcement

Member states must establish inspection and monitoring systems and impose effective penalties for lack of compliance.

Amendments

In December 2008 the European Commission proposed to revise the directives on electrical and electronic equipment in order to tackle the fast increasing waste stream of such products. The aim was to increase the amount of e-waste that is appropriately treated and reduce the number that go to final disposal as well as reducing the administrative burden.

The Commission proposes to set mandatory collection targets equal to 65% of the average weight of electrical and electronic equipment placed on the market over the two previous years in each Member State. The recycling and recovery targets of such equipment now cover the re-use of whole appliances and weight-base targets will increase by 5%. Targets will also be set for the recovery of medical devices.

5.1.4 Regulation (EC) No 1013/2006 on shipments of waste

This Regulation replaces Regulation (EEC) No 259/93 with effect from 12 July 2007. Its aim is to reinforce, simplify and specify the existing procedures for controlling waste shipments. It will thus reduce the risk of waste shipments not being controlled. It also seeks to incorporate into Community legislation the amendments to the lists of waste annexed to the Basel Convention as well as the revision adopted by the Organisation for Economic Cooperation and Development (OECD) in 2001.

This Regulation sets two waste shipment control procedures:

§ the procedure for prior written notification and consent: the procedure applicable to all shipments of waste intended for disposal and hazardous and semi-hazardous waste intended for recovery;

§ the procedure in which shipments are accompanied by certain information, applicable to non-hazardous waste intended for recovery.

The Regulation also sets two lists of waste authorised for shipment, corresponding to the two control procedures described above: waste subject to notification and consent features in the "orange list" (Annex IV), while waste referred to for information purposes only features in the "green list" (Annex III). On the other hand, waste that is prohibited for shipment features in separate lists (Annex V).

Waste shipments must be the subject of a contract between the person responsible for shipping the waste, or having it shipped, and the consignee of such waste. Where the waste in question is subject to a notification requirement, the contract must include financial guarantees.

Under the notification procedure, the notification must be submitted by the notifier only to the competent authority of dispatch which, in turn, will be responsible for passing it on to the competent authorities of destination and transit. The competent authorities must give their consent (with or without conditions) or express their objections within 30 days. Any changes involving the main aspects of the shipment (quantity, itinerary, etc.) must be the subject of a new notification, save in cases where all the competent authorities grant the notifier an exemption from this obligation.

Furthermore, interim recovery and disposal facilities are bound by the same obligations as final recovery and disposal facilities. The authorisation of a shipment involving interim operations can only be sanctioned if the shipment of the waste in question has also been authorised.

If a shipment cannot be completed (including recovery or disposal), the notifier must take the waste back, normally at his own expense. The above rule applies to all types of waste, subject to certain exceptions: if there is another way of recovering or disposing of this waste or if the waste has been irretrievably mixed with other types of waste. In the case of an illicit shipment, the notifier or the consignee must, to the extent that the illegality is attributable to one or other of them, take back, recover or dispose of the waste.

The Regulation includes other general provisions, such as a ban on the mixing of waste during shipment, the making available to the general public of appropriate information, and the obligation on the part of the notifier, the competent authority, the consignee and the facilities concerned to keep documents and information.

Exports to third countries of waste intended for disposal are prohibited, except to EFTA (European Free Trade Association) countries which are party to the Basel Convention. Exports of hazardous waste intended for recovery are prohibited, except those directed to countries to which the OECD decision applies, and to third countries which are party to the Basel Convention or countries which have concluded a bilateral agreement with the Community.

Imports from third countries of waste intended for disposal or recovery are subject to the same rules as exports. Member States must make provision for the organisation of checks throughout the entire waste shipment and waste recovery/waste disposal process.

5.1.5 Summary of the Green Line Regulations - (EC) No 866/2004 under Article 2 of Protocol 10 to the Act of Accession

In 2004, the Republic of Cyprus became a full member of the EU. Due to the political situation on the island, the EU acquis is only effective in the Greek Cypriot Community. In the TCC, the application of the acquis upon accession has been suspended pursuant to Article 1(1) of Protocol No 10, of the accession. Since the ‘Green Line’, the buffer zone between the areas controlled by the two communities, does not constitute an external border to the EU, the commission has issued the ‘Green Line Regulations (GLR)’ to regulate trade and other economic activities between the two communities.

The GLR are a set of rules that facilitate the trade of goods and the movement of persons between the two areas whilst ensuring that appropriate standards of protection are maintained. Since this project is only concerned with the trade of goods, the regulations on the movement of persons will not be presented here.

Crossing of Goods

Crossing of goods between the two areas is regulated by Articles 4, 5 and 6 of the GLR. According to these Articles, goods may be introduced into the GCC, on condition that they are wholly obtained in the TCC, or have undergone their last, substantial, economically justified processing or working in an undertaking equipped for that purpose in the TCC. Since the Green Line is not considered an ‘external border’, the abovementioned goods will not be subject to custom declarations.

In order to ensure effective controls, the quantities crossing the line shall be registered and shall cross the line only at the official crossing points. The goods shall be subject to the requirements and undergo the checks as required by EC legislation.

Goods shall be accompanied by a document issued by the Turkish Cypriot Chamber of Commerce duly authorised for that purpose by the Commission in agreement with the Greek Cypriot Authorities, or by another body so authorised in agreement with the latter. The Turkish Cypriot Chamber of Commerce or other duly authorised body will maintain records of all such documents issued to enable the Commission to monitor the type and volume of goods crossing the line as well as their compliance with the provisions of this Article.

After the goods have crossed the line ,the competent authorities shall check the authenticity of the related documents. The GCC shall treat the goods as not being ‘Imported’ and all goods meeting the requirements will be considered as community goods.

Amendments

Following a proposal made by the Commission on 10 April 2008, on 16 June 2008 the Council adopted a Regulation amending the Green Line Regulation to further facilitate trade on the island of Cyprus.

The amending Regulation provides for a general lifting of duties on agricultural products originating in the TCC when being traded across the Line. Furthermore, the total maximum value of goods contained in the personal luggage of persons crossing the Line is increased from € 135 to € 260 so as to encourage the economic development of the Turkish Cypriot community. Goods up to this amount can now be introduced free of customs, excise duties and taxes across the buffer zone.

This rule does not apply to cigarettes and alcohol. Finally, the amendments regulate in a transparent way the temporary introduction of goods (for up to six months) from the TCC to the GCC.

5.2 GCC Legislation

The Republic of Cyprus is a full member of the EU since 2004, therefore all areas where the EU acquis communautaire is not suspended are subject to the EU legislation and directives.

The Waste Framework Law in GCC is the Solid and Hazardous Waste Law-215(I)/2002 and the relevant regulations, which achieve harmonization with the EU legislation on:

§ Directive 75/442/EC on waste and its amendments

§ Directive 91/689/EC on hazardous waste and its amendments

§ Regulation 259/93/EC on the supervision and control of shipments of waste

5.2.1 Waste Electrical and Electronic Equipment (WEEE) 2002/96/EC

The Waste Electrical and Electronic Equipment (WEEE) 2002/96/EC Directive was transposed into national legislation on 30 July 2004 by the Regulation 68-2004. The key provisions of these regulations are:

• Financing WEEE: Producers have to organize and finance separate collection, sorting as well as transportation and treatment of WEEE from households. Municipalities are not obliged to collect.

• National registry: Producers have to register with the Statistical Service and the Environment Service.

• System requirements: A joint system was approved for the management of the waste under Green Dot Cyprus.

5.2.2 Packaging and Packaging Waste Directive 94/62/EC

The Packaging and Packaging Waste Directive 94/62/EC is transposed into the Cypriot legislation by the Law on Packaging and Packaging Waste No.32 (I)/2002) and its following Acts:

· KDP 746/2003

· KDP 747/2003

· N.133/2003

· N. 159/2005

The purpose of the law is to prevent the generation of packaging waste, to reduce the heavy metals contents in packaging and to enhance reduction of packaging waste disposal by re-use, recovery and recycling.

5.2.3 Challenges of the existing framework

GCC has achieved an adequate implementation of the requirements of the acquis communautaire as far as waste management is concerned. However, there are still issues to be addressed and areas of improvement:

· Waste recovery and recycling targets have still not met even though significant progress is achieved

· Necessary infrastructure is still not completed i.e. licensed landfills

· Licensing of waste management operators is still underway

· Fragmentation of responsibilities between authorities

· Monitoring, inspection and enforcement powers are often weak and resources for monitoring limited

· Little involvement of non-governmental organizations (NGOs), citizen based organizations(CBOs) or the public in decision making

5.3 TCC Regulatory Framework

Environmental protection, including waste management, in the TCC area falls within the authorities of the ‘Department of Environmental Protection’ under the ‘Ministry of Economy and Tourism’. The ‘Department of Environmental Protection’ was established in 1990 and its operation is dictated mainly by the “Law on Environmental Protection 21/97”. Another important legal act is the “Solid Waste Management Regulation (SWMR)” issued by the ‘Ministry of Environment’. Finally, there is the “Law on Municipalities” passed in 1995 and defines the functions and responsibilities of “municipalities” and mukhtars in providing waste management services.

Current rules set only very general requirements for waste management[3]. The responsibility for collection, treatment and disposal of municipal waste is placed on the “municipalities”. The “Ministry of Environment” is responsible for monitoring and control of waste management operations.

5.3.1 “Law on Environmental Protection 21/1997”

The “Law on Environmental Protection” is a framework that:

· defines and lists the receiving bodies

· defines the responsibilities of the authorities like “ministry of environment”, and “environmental protection department” and “municipalities”.

· states what pollution means,

· defines a what a polluter is

· lists hazardous wastes

· and defines wet lands

Section 6 and specifically Articles 23 and 24 deal specifically with Solid Waste:

Article 23

· defines what solid waste is,

· prohibits the disposal of solid waste,

· states that the “Ministry of environment” is the central authority for managing waste minimisation and recycling

· refers to the Solid Waste Control Regulation for further details

Article 24

· States that waste collection is implemented by local authorities e.g. “municipalities” or private organisations hired by local authorities.

· States that solid waste is “buried” in specially designated disposal sites. However, there is no clear statement which defines the responsible body from the services within the disposal site.

· States how producers store solid waste and recyclable waste

· Defines the means for collection and disposal of septic waste

· Refers to the Solid Waste Control Regulation for further details on waste disposal sites.

5.3.2 Solid Waste Management Regulation (SWMR)

Section	Description
1	Section 1 states the objective, scope and definitions related with solid waste management
2	Article 5 states that solid waste producers have to procure best available technique (BAT) to achieve waste minimization. Article 7 and 8 state that the “Environmental Protection Department” (“EPD”) and local authorities are responsible for promoting and advertising waste recycling and minimization. However the means for achieving these objectives are missing. Article 9 states that local authorities are responsible for the separate collection of hazardous waste. The “EPD” is the supervising authority for separate collection of hazardous wastes and can apply economic and legal incentives to achieve hazardous waste separation.
3	Section 3 is related with minimization and recycling of packaging waste. It states that all organizations using packaging waste must apply for a permit for production. It clearly states that “Waste recyclers must apply to the “EPD” for a permit”.
4	Section 4 deals with the collection of solid waste. It states that the local authorities are responsible for the collection of waste. It also defines the methods of storage for producers of kinds all solid wastes.
5	Section 5 deals with the disposal of waste to the dump sites.
6	Section 6 defines what compost and composting are. It states the technical requirements for composting in the composting facilities. It lists the chemical and physical limit values for materials to be composted and final product (compost).
7,8,9	Deal with incineration, waste disposal and collection service permits and agricultural use of wastewater treatment plant sludge respectively.
10	Section 10 states that all activities listed under this regulation are inspected and supervised by the “EPD”. It also mentions about formation of a “Waste Recycling Commission”. Briefly, its duty is achieve cooperation of authorities and implement necessary measures to achieve recycling of packaging waste.

5.3.3 Challenges of the existing Framework

The administration and management of the waste sector falls short of the requirements of the acquis communautaire on several counts including:

· Waste regulations that are not aligned with that of the acquis in most areas

· Inappropriate structures and insufficient resources

· Weak regulations in terms of the definition of responsibilities and the allocation of them.

· Monitoring, inspection and enforcement powers are also very weak

· A lack of approved strategic plans for the sectors

· Little involvement of non-governmental organizations (NGOs), citizen based organizations(CBOs) or the public in decision making

· The authorities are lacking the capacity to enforce even the existing legislations.

· There are no incentives for people to recycle or for companies to invest in waste management

Furthermore, the requirements for specific recovery and disposal operations or special waste streams are not established. Even though the “Environmental Protection Department” is responsible for monitoring and control of waste management operations, monitoring is not performed and the rules are only partially enforced.

Another problem is the lack of decision-making power of “municipal” authorities since almost everything is determined by the central authorities. The local authorities are not allowed to prepare master plans or general development programs thus they have no planning responsibilities. These responsibilities lie with the “planning department” . This lack of responsibilities is often welcomed by the “municipal” authorities since they have very limited income and face significant financial difficulties, thus being unable to fulfil additional obligations.

The adverse financial situation of many “municipalities”, in conjunction with the limited (up to now) contact with European Institutions resulted in a ‘low standard mentality’ of the civil authorities that allows irregularities and poor implementation of the laws.

Due to the aforementioned problems, and many more, investment levels in the sector over many years have been at a level well below that needed for sustainability and consequently the infrastructure cannot meet the standards needed to achieve compliance with the environmental acquis.

Following the accession of Cyprus to the EU, the EU Council of Foreign Ministers, considering that the Turkish Cypriot community (TCC) had expressed its clear desire for a future within the European Union, recommended on 26 April 2004 that the funds earmarked for the TCC in the event of a settlement should be used to facilitate the re-unification of Cyprus by encouraging the economic development of the Turkish Cypriot community, with particular emphasis on the economic integration of the island and on improving contact between the two communities and with the EU.

Responding to an invitation from the Council, the Commission proposed a comprehensive package of aid and trade measures and, as a consequence, on 27 February 2006 the Council agreed Regulation (EC) 389/2006, establishing an instrument of financial support for encouraging the economic development of the Turkish Cypriot community.

The Turkish Cypriot community has on its side set up a number of structures to help the implementation and the absorption of the aid Program and the process of progressive harmonization with the acquis communautaire. In particular, the Turkish Cypriot community established the EU Co-ordination Centre and in turn a number of Change Management Committees, charged with leading the process of approximation in their respective sectors.

The Environmental Change Management Committee (ECMC) was established in May 2005. With technical assistance received through the European Commission’s TAIEX instrument, it has to date drafted sectoral approximation strategies for a number of environment sub-sectors, including waste management, that will allow for further development of TCC legislation and closing the gap with the EU acquis.

6 Current status of Recycling in the Two Communities

In this Chapter a presentation of the current status regarding recycling, of the relevant waste streams, in the two communities is carried out. The relevant waste streams include: household appliances, electronics equipment, plastics, metal, glass and paper. The analysis includes the presentation of the following:

§ Types of waste

§ Amounts of relevant waste produced

§ Main producers of the relevant waste

§ Main recycling service providers

§ Policy and Financing context for recycling

§ Stakeholder analysis: Identification of most relevant stakeholders (service providers, main waste producers, relevant decision makers etc)

At the end of this chapter a ‘Gap analysis’ is performed to identify opportunities for bi-communal cooperation and obstacles that might be met.

6.1 Type of Waste

Based on EU legislation, the following waste categories exist:

Table 6: Waste categories

Waste Category	Waste Sub-Category
Municipal Solid Waste (MSW):	Household waste
	Packaging waste
Industrial Waste:	Hazardous Waste
	Non Hazardous Waste
Other Waste :	End of Life vehicles (ELVs)
	Waste Tires
	Demolition waste
	Waste Electrical and Electronic Equipment (WEEE)
	Waste Oil
	PCBs
	Agricultural waste
	Hospital Waste

Waste Category	Waste sub-Category	Waste Type
Waste Category	Waste sub-Category	Plastic	Metal	Glass	Paper
Municipal Solid Waste	Household Waste	tables, chairs, cutlery, pipes, kitchenware, toys, tools etc	Tables, chairs, tools cutlery, kitchenware, toys, tools etc	Kitchenware, windows	newspapers, magazines, office paper, advertising leaflets
	Packaging Waste	Plastic bottles, flasks and PET, PE and HDPE jars, plastic casings, boxes and buckets, films and other membranes	Barrels, straps, cans, boxes	Bottles, jars	Cardboard boxes, paper wrapping, paper bags, tetrapack
Other waste	WEEE (household appliances, electronics equipment)	Rubber hoses, electric wiring, body parts	Body parts, electric wiring, mechanical parts etc.	Monitor glass	-

Waste Stream	Material	Main Source
Plastic	Bottles	Bars, restaurants
Paper	Newspaper, magazines, cardboard, office paper	Supermarkets, shops, schools, printing factories
Glass	Jars, bottles	Bars, restaurants
Metal	Aluminium and steel cans, iron, copper	Bars, restaurants
Household appliances	fridges, cooling equipment, washing machines	Individual households
Electronic equipment	computers, telecommunication devices	Households, businesses, offices etc.