In Finland, the Waste Act (646/2011) was promulgated on Jun. 17, 2011. It comprehensively covers the regulatory requirements for waste management in Finland, aiming to promote the circular economy, ensure the effectiveness of waste management, and protect the environment and public health.
1. General Provisions
Objectives and Scope of Application:
To promote the circular economy and the sustainable use of natural resources, reduce the quantity and harmfulness of waste, prevent waste management from endangering and harming health and the environment, ensure effective management, and prevent littering. It applies to waste, waste management, littering, and products and activities that generate waste, with exemptions for certain types of waste and specific activities of the Defence Forces.
Definitions:
Defines various terms such as waste, by-products, hazardous waste, and municipal waste. For example, waste refers to any substance or object that the holder discards, intends to discard, or is required to discard; by-products need to meet specific conditions regarding production purpose and usage methods.
2. General Obligations and Principles
Order of Priority:
All activities should follow the order of priority of reducing waste generation, preparing for reuse, recycling, other recovery methods, and disposal. Professional operators such as producers are required to comply with this as a binding obligation.
Product-related Obligations:
Product manufacturers need to ensure rational use of raw materials in the production process and avoid using harmful materials. Those placing products on the market and distributors should ensure that products meet relevant requirements.
Other Obligations:
Include the obligation to know and disclose information, the obligation to prevent waste hazards, and the obligation for separate collection. For example, waste holders need to understand waste related information and disclose it when necessary, and different types of waste should be collected separately.
3. Authorities and Their Duties:
Clearly defines the responsibilities of multiple government departments in waste management. For example, the Ministry of the Environment is responsible for overall guidance and supervision, and the Centres for Economic Development, Transport and the Environment provide guidance and promotion in their respective regions.
4. Responsibility for Organising Waste Management
Waste Management Organiser:
Usually, the waste holder is responsible for organising waste management. In specific cases, the property holder may assume this responsibility.
Waste Transfer:
Waste can only be transferred to entities with the corresponding receiving qualifications. After the transfer, the responsibility is transferred accordingly; waste carriers need to transport waste as required.
5. Waste Management Organised by Municipalities
Municipal Obligations:
Responsible for organising the management of various non hazardous wastes, including waste from residential and administrative service activities. Under certain conditions, they provide secondary waste management services.
Service Requirements:
Ensure that waste transportation, the setting of reception points, and the types of services meet the regulations. The waste transportation organised should meet the conditions of comprehensiveness, reliability, reasonableness, and non discrimination.
6. Producer Responsibility
Responsibilities and Rights:
Producers are responsible for organising the waste management of products they place on the market and bearing the costs. They have the priority right to organise waste management and need to establish reception points, provide information and advice, etc.
Cooperation and Supervision:
Cooperate with municipalities to carry out the separate collection of packaging waste, subject to supervision. Violations will be punished; they need to conduct self monitoring, record keeping, and information disclosure.
7. Beverage Containers:
A deposit based return system for beverage containers can be established. Participants need to fulfill corresponding obligations. For example, system operators organise recycling and manage deposits, and distributors need to accept empty containers and pay deposits.
8. Littering:
Littering is prohibited. Litterers have the obligation to clean up. When the litterer cannot be identified or contacted, the operators or occupants of relevant areas may assume the cleaning responsibility.
9. Waste Management Charges:
Municipalities charge waste management fees to cover costs. The charging standards are determined according to waste types, quantities, etc., and need to be reasonable and encourage waste reduction. There are clear regulations for fee payment, invoice issuance, and complaint handling.
10. Planning and Guidance:
The Ministry of the Environment formulates the national waste plan, and the Centres for Economic Development, Transport and the Environment establish regional cooperation groups to support the implementation of the plan. Municipalities can formulate local waste management regulations and provide relevant advice.
11. Waste Management and Producer Registration:
Those engaged in professional waste transportation, brokering, collection, etc., need to register. Producers, producer responsibility organisations, etc., need to apply for entry into the producer register, and there are corresponding conditions and procedures for registration.
12. Trans-boundary Shipments of Waste and Ship Dismantling:
Trans-boundary shipments of waste need to comply with EU and Finnish regulations. There are specific provisions for ship dismantling, waste import and export, and transshipment. For example, waste can be exported or imported under certain circumstances.
13. Supervision and Administrative Enforcement:
Specifies the obligations of operators such as record keeping, monitoring and control, and drawing up transfer documents. Competent authorities have the power to access information, conduct inspections, etc., and can take various measures against violations, including fines and ordering rectification.
14. Request for Review and Enforcement:
Those dissatisfied with the decisions of competent authorities can appeal. Some decisions need to be implemented during the review period; negligence fines are implemented and refunded as stipulated.
15. Miscellaneous Provisions:
Defines the responsibilities of the person in charge of waste treatment facilities, specifies the maintenance subjects and uses of multiple waste management and producer registers, and has relevant regulations for information services, fee collection, and the disclosure of confidential information.
16. Transitional Provisions and Entry into Force:
This Act has been amended several times, and different provisions come into force on different dates. There are detailed regulations for handling relevant matters before the entry into force and the connection with the old law.