Commission Decision

of 6 March 2007

amending Decisions 94/741/EC and 97/622/EC as regards the questionnaires for the report on the implementation of Directive 2006/12/EC of the European Parliament and of the Council on waste and on the implementation of Council Directive 91/689/EEC on hazardous waste

(notified under document number C(2007) 634)

(Text with EEA relevance)

(2007/151/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste [1], and in particular the first paragraph of Article 16 thereof,

Having regard to Council Directive 91/689/EEC of 12 December 1991 on hazardous waste [2], and in particular Article 8(1) thereof,

Whereas:

(1) The report on the implementation of Directive 2006/12/EC has to be drawn up on the basis of a questionnaire established by Commission Decision 94/741/EC of 24 October 1994 concerning questionnaires for Member States' reports on the implementation of certain Directives in the waste sector (implementation of Council Directive 91/692/EEC) [3].

(2) The report on the implementation of Directive 91/689/EEC has to be drawn up on the basis of a questionnaire established by Commission Decision 97/622/EC of 27 May 1997 concerning questionnaires for Member States' reports on the implementation of certain Directives in the waste sector (implementation of Council Directive 91/692/EEC) [4].

(3) Regulation (EC) No 2150/2002 of the European Parliament and of the Council of 25 November 2002 on waste statistics [5] establishes a framework for the production of Community statistics on the generation, recovery and disposal of waste.

(4) A review of reporting obligations on waste data laid down in Community legislation has shown that certain data reporting obligations laid down in Decisions 94/741/EC and 97/622/EC are also covered by Regulation (EC) No 2150/2002 or by Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste [6].

(5) In order to avoid overlaps and unnecessary administrative requirements the reporting obligations concerning "hazardous waste" and "other waste" should be deleted from Decision 94/741/EC. Furthermore, the term "domestic waste" should be replaced by the term "household and similar waste" in order to align Decision 94/741/EC with Regulation (EC) No 2150/2002.

(6) Accordingly the reporting obligation concerning hazardous waste should be deleted from Decision 97/622/EC.

(7) Decisions 94/741/EC and 97/622/EC should therefore be amended accordingly.

(8) The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 18 of Directive 2006/12/EC,

HAS ADOPTED THIS DECISION:

Article 1

Decision 94/741/EC shall be amended as set out in the Annex to this Decision.

Article 2

Decision 97/622/EC shall be amended as set out in the Annex to this Decision.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 6 March 2007.

For the Commission

Stavros Dimas

Member of the Commission

[1] OJ L 114, 27.4.2006, p. 9.

[2] OJ L 377, 31.12.1991, p. 20. Directive as last amended by Regulation (EC) No 166/2006 of the European Parliament and of the Council (OJ L 33, 4.2.2006, p. 1).

[3] OJ L 296, 17.11.1994, p. 42.

[4] OJ L 256, 19.9.1997, p. 13.

[5] OJ L 332, 9.12.2002, p. 1. Regulation as last amended by Regulation (EC) No 1893/2006 (OJ L 393, 30.12.2006, p. 1).

[6] OJ L 190, 12.7.2006, p. 1.

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ANNEX

Amendments to Decisions 94/741/EC and 97/622/EC

A. In the Annex to Decision 94/741/EC, the second questionnaire is amended as follows:

1. The title of questionnaire is replaced by the following:

"QUESTIONNAIRE

for the report of the Member States on the transposition and implementation of Directive 2006/12/EC";

2. Section II point 4 of the questionnaire is replaced by the following:

"4. Pursuant to Article 7(1), please give the following details, where available, indicating whether any of the figures given is an estimate:

| Household and similar waste (tonnes/year) |

Total waste produced [1] of which:

recycled [1] | |

incinerated [1] | |

incinerated with energy recovery [1] | |

landfilled [1] | |

others, please specify [1] | |

B. In the Annex to Decision 97/622/EC, Section II point 11(d) of the first questionnaire is deleted.

[*] Within the Member State"

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