This document is an excerpt from the EUR-Lex website
Document 32023R2486
Commission Delegated Regulation (EU) 2023/2486 of 27 June 2023 supplementing Regulation (EU) 2020/852 of the European Parliament and of the Council by establishing the technical screening criteria for determining the conditions under which an economic activity qualifies as contributing substantially to the sustainable use and protection of water and marine resources, to the transition to a circular economy, to pollution prevention and control, or to the protection and restoration of biodiversity and ecosystems and for determining whether that economic activity causes no significant harm to any of the other environmental objectives and amending Commission Delegated Regulation (EU) 2021/2178 as regards specific public disclosures for those economic activities
Commission Delegated Regulation (EU) 2023/2486 of 27 June 2023 supplementing Regulation (EU) 2020/852 of the European Parliament and of the Council by establishing the technical screening criteria for determining the conditions under which an economic activity qualifies as contributing substantially to the sustainable use and protection of water and marine resources, to the transition to a circular economy, to pollution prevention and control, or to the protection and restoration of biodiversity and ecosystems and for determining whether that economic activity causes no significant harm to any of the other environmental objectives and amending Commission Delegated Regulation (EU) 2021/2178 as regards specific public disclosures for those economic activities
Commission Delegated Regulation (EU) 2023/2486 of 27 June 2023 supplementing Regulation (EU) 2020/852 of the European Parliament and of the Council by establishing the technical screening criteria for determining the conditions under which an economic activity qualifies as contributing substantially to the sustainable use and protection of water and marine resources, to the transition to a circular economy, to pollution prevention and control, or to the protection and restoration of biodiversity and ecosystems and for determining whether that economic activity causes no significant harm to any of the other environmental objectives and amending Commission Delegated Regulation (EU) 2021/2178 as regards specific public disclosures for those economic activities
C/2023/3851
OJ L, 2023/2486, 21.11.2023, ELI: http://data.europa.eu/eli/reg_del/2023/2486/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
Relation | Act | Comment | Subdivision concerned | From | To |
---|---|---|---|---|---|
Completion | 32020R0852 | 01/01/2024 | |||
Modifies | 32021R2178 | Deletion | annex IV Text | 01/01/2024 | |
Modifies | 32021R2178 | Deletion | annex X Text | 01/01/2024 | |
Modifies | 32021R2178 | Deletion | article 8 paragraph 5 | 01/01/2024 | |
Modifies | 32021R2178 | Addition | annex III section 1.1 unnumbered paragraph 4 | 01/01/2024 | |
Modifies | 32021R2178 | Addition | annex IX point 1 unnumbered paragraph | 01/01/2024 | |
Modifies | 32021R2178 | Addition | annex VII section 2.4 unnumbered paragraph | 01/01/2024 | |
Modifies | 32021R2178 | Addition | article 10 paragraph 6 | 01/01/2024 | |
Modifies | 32021R2178 | Addition | article 10 paragraph 7 | 01/01/2024 | |
Modifies | 32021R2178 | Replacement | annex I section 1.1.2.2 unnumbered paragraph 5 | 01/01/2024 | |
Modifies | 32021R2178 | Replacement | annex I section 1.1.3.2 unnumbered paragraph 4 | 01/01/2024 | |
Modifies | 32021R2178 | Replacement | annex I section 1.2.1 unnumbered paragraph 2 | 01/01/2024 | |
Modifies | 32021R2178 | Replacement | annex I section 2 point (e) | 01/01/2024 | |
Modifies | 32021R2178 | Replacement | annex II | 01/01/2024 | |
Modifies | 32021R2178 | Replacement | annex IV Text | 01/01/2024 | |
Modifies | 32021R2178 | Replacement | annex IX point 1 unnumbered paragraph 6 | 01/01/2024 | |
Modifies | 32021R2178 | Replacement | annex IX section 2 unnumbered paragraph 1 | 01/01/2024 | |
Modifies | 32021R2178 | Replacement | annex V section 1.1.2 unnumbered paragraph 3 | 01/01/2024 | |
Modifies | 32021R2178 | Replacement | annex V section 1.2.1 unnumbered paragraph 5 | 01/01/2024 | |
Modifies | 32021R2178 | Replacement | annex V section 1.2.1.1 unnumbered paragraph 1 table | 01/01/2024 | |
Modifies | 32021R2178 | Replacement | annex V section 1.2.1.1 point (i) unnumbered paragraph 2 | 01/01/2024 | |
Modifies | 32021R2178 | Replacement | annex V section 1.2.1.1 point (i) unnumbered paragraph 3 | 01/01/2024 | |
Modifies | 32021R2178 | Replacement | annex V section 1.2.1.1 point (i) unnumbered paragraph 6 | 01/01/2024 | |
Modifies | 32021R2178 | Replacement | annex V section 1.2.1.1 point (i) title | 01/01/2024 | |
Modifies | 32021R2178 | Replacement | annex V section 1.2.1.1 point (ii) unnumbered paragraph 3 | 01/01/2024 | |
Modifies | 32021R2178 | Replacement | annex V section 1.2.1.2 unnumbered paragraph 2 | 01/01/2024 | |
Modifies | 32021R2178 | Replacement | annex V section 1.2.1.2 unnumbered paragraph 3 | 01/01/2024 | |
Modifies | 32021R2178 | Replacement | annex V section 1.2.1.2 unnumbered paragraph 4 | 01/01/2024 | |
Modifies | 32021R2178 | Replacement | annex V section 1.2.1.3 unnumbered paragraph 1 | 01/01/2024 | |
Modifies | 32021R2178 | Replacement | annex V section 1.2.1.3 point (i) unnumbered paragraph 1 | 01/01/2024 | |
Modifies | 32021R2178 | Replacement | annex V section 1.2.1.3 point (i) unnumbered paragraph 2 | 01/01/2024 | |
Modifies | 32021R2178 | Replacement | annex V section 1.2.1.3 point (i) unnumbered paragraph 5 | 01/01/2024 | |
Modifies | 32021R2178 | Replacement | annex V section 1.2.1.4 unnumbered paragraph 1 | 01/01/2024 | |
Modifies | 32021R2178 | Replacement | annex V section 1.2.1.4 unnumbered paragraph 3 | 01/01/2024 | |
Modifies | 32021R2178 | Replacement | annex V section 1.2.1.6 | 01/01/2024 | |
Modifies | 32021R2178 | Replacement | annex V section 1.2.2.1 unnumbered paragraph 1 | 01/01/2024 | |
Modifies | 32021R2178 | Replacement | annex V section 1.2.2.2 unnumbered paragraph 1 | 01/01/2024 | |
Modifies | 32021R2178 | Replacement | annex V section 1.2.3 unnumbered paragraph 2 Text | 01/01/2024 | |
Modifies | 32021R2178 | Replacement | annex V section 1.2.3 unnumbered paragraph 3 Text | 01/01/2024 | |
Modifies | 32021R2178 | Replacement | annex V Text | 01/01/2024 | |
Modifies | 32021R2178 | Replacement | annex X Text | 01/01/2024 |
Relation | Act | Comment | Subdivision concerned | From | To |
---|---|---|---|---|---|
Corrected by | 32023R2486R(01) | (DE, FR) | |||
Corrected by | 32023R2486R(02) | (SL) | |||
Corrected by | 32023R2486R(03) | (SV) |
Official Journal |
EN Series L |
2023/2486 |
21.11.2023 |
COMMISSION DELEGATED REGULATION (EU) 2023/2486
of 27 June 2023
supplementing Regulation (EU) 2020/852 of the European Parliament and of the Council by establishing the technical screening criteria for determining the conditions under which an economic activity qualifies as contributing substantially to the sustainable use and protection of water and marine resources, to the transition to a circular economy, to pollution prevention and control, or to the protection and restoration of biodiversity and ecosystems and for determining whether that economic activity causes no significant harm to any of the other environmental objectives and amending Commission Delegated Regulation (EU) 2021/2178 as regards specific public disclosures for those economic activities
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (1), and in particular Articles 8(4), 12(2), 13(2), 14(2) and 15(2) thereof,
Whereas:
(1) |
Regulation (EU) 2020/852 establishes the general framework for determining whether an economic activity qualifies as environmentally sustainable for the purposes of establishing the degree to which an investment is environmentally sustainable. That Regulation applies to measures adopted by the Union or by Member States that set out requirements for financial market participants or issuers in respect of financial products or corporate bonds that are made available as environmentally sustainable, to financial market participants that make available financial products, and to undertakings that are subject to the obligation to publish a non-financial statement pursuant to Article 19a of Directive 2013/34/EU of the European Parliament and of the Council (2) or a consolidated non-financial statement pursuant to Article 29a of that Directive. Economic operators or public authorities that are not covered by Regulation (EU) 2020/852 may also apply that Regulation on a voluntary basis. |
(2) |
Articles 12(2), 13(2), 14(2) and 15(2) of Regulation (EU) 2020/852 require the Commission to adopt delegated acts establishing the technical screening criteria for determining the conditions under which a specific economic activity qualifies as contributing substantially to the sustainable use and protection of water and marine resources, to the transition to a circular economy, to pollution prevention and control or to the protection and restoration of biodiversity and ecosystems, respectively, and to establish, for each relevant environmental objective laid down in Article 9 of that Regulation, technical screening criteria for determining whether that economic activity causes no significant harm to one or more of those environmental objectives. |
(3) |
The Communication from the Commission of 6 July 2021‘Strategy for Financing the Transition to a Sustainable Economy’ (3) announced the establishment of technical screening criteria for environmental objectives covering the sustainable use and protection of water and marine resources, to the transition to a circular economy, to pollution prevention and control, and to the protection and restoration of biodiversity and ecosystems. Those technical screening criteria should be adopted in addition to the technical screening criteria established in Commission Delegated Regulation (EU) 2021/2139 (4). |
(4) |
The technical screening criteria for environmental objectives covering the sustainable use and protection of water and marine resources, the transition to a circular economy, pollution prevention and control, and the protection and restoration of biodiversity and ecosystems, should, like the technical screening criteria established in Delegated Regulation (EU) 2021/2139, where possible, follow the classification of economic activities laid down in the NACE Revision 2 classification system of economic activities established by Regulation (EC) No 1893/2006 of the European Parliament and of the Council (5). To facilitate the identification by undertakings and financial market participants of the relevant economic activities for which technical screening criteria should be established, the specific description of an economic activity should also include indicative references to NACE codes that can be associated with that activity. Those references should be understood as indicative and should not prevail over the specific definition of the economic activity provided in its description. |
(5) |
The technical screening criteria for economic activities that contribute substantially to the sustainable use and protection of water and marine resources, to the transition to a circular economy, to pollution prevention and control, and to the protection and restoration of biodiversity and ecosystems should ensure that the economic activity concerned has a positive impact on one of those objectives. Those technical screening criteria should therefore refer to thresholds or performance levels that the economic activity should achieve to qualify as contributing substantially to one of those objectives. The technical screening criteria for ‘do no significant harm’ (DNSH) should ensure that the economic activity has no significant negative environmental impacts, including climate-related impacts. Consequently, those technical screening criteria should specify the minimum requirements that the economic activity should meet to qualify as environmentally sustainable. |
(6) |
The technical screening criteria for determining whether an economic activity contributes substantially to one of the environmental objectives laid down in Article 9 of Regulation (EU) 2020/852 and does no significant harm to any of the other environmental objectives should, where relevant build, on existing Union law, best practices, standards and methodologies, and well-established standards, practices and methodologies developed by internationally reputed public entities. Where those standards, practices and methodologies are not available for a specific policy area, the technical screening criteria should build on well-established standards developed by internationally reputed private bodies. |
(7) |
Pursuant to Article 19(1), point (h), of Regulation (EU) 2020/852, the technical screening criteria should take into account the nature and the scale of the economic activity and sector that they refer to, and whether the economic activity is an enabling activity as referred to in Article 16 of that Regulation. For the technical screening criteria to meet the requirements of Article 19 of Regulation (EU) 2020/852 in an effective and balanced way, those technical screening criteria should be set as a quantitative threshold or minimum requirement, a relative improvement, a set of qualitative performance requirements, process or practice-based requirements, or a precise description of the nature of the economic activity itself where that activity by its nature can contribute substantially to the environmental objectives. |
(8) |
The technical screening criteria for determining under which conditions an economic activity qualifies as contributing substantially to the sustainable use and protection of water and marine resources should reflect the need to achieve good status for all water bodies and good environmental status for marine waters, and to prevent the deterioration of water bodies that already have good status or marine waters that are already in good environmental status. It is therefore appropriate to focus first on those economic activities and sectors that have the greatest potential to achieve those aims. |
(9) |
The Union framework for water protection (6) ensures an integrated approach to water management, respecting the integrity of whole ecosystems. The technical screening criteria should therefore aim at addressing the adverse effects of urban and industrial waste water discharges, protecting human health from the adverse impact of any contamination of water intended for human consumption, improving water management and the efficiency of water use, ensuring the sustainable use of marine ecosystem services, contributing to the good environmental status of marine waters and to the overall achievement and maintenance of good status or good potential of bodies of water, including bodies of surface water and groundwater. Technical screening criteria for urban waste water treatment as activity providing a substantial contribution to one or more environmental objectives should be reviewed and where necessary revised, taking into account relevant Union law, including Council Directive 91/271/EEC (7). |
(10) |
As regards solutions inspired and supported by nature, which provide environmental, social and economic benefits and help build resilience, the technical screening criteria should aim at preventing and protecting against floods or droughts while enhancing natural water retention, biodiversity and water quality. |
(11) |
The transition to a circular economy is an enabler of environmental sustainability that generates significant benefits for the sustainable management of water, the protection and conservation of biodiversity, the prevention and control of pollution and the mitigation of climate change. The circular economy reflects the need for economic activities to promote efficient use of resources through appropriate re-use and recycling of resources. The technical screening criteria for determining under which conditions an economic activity qualifies as contributing substantially to the transition to a circular economy should therefore ensure that in the design and production phase, the operator takes into account the long-term value retention and waste reduction of the product over its lifecycle. During its use phase, the product should be subject to maintenance to extend its life, while reducing the amount of waste. The product should be dismantled or treated after its use to ensure that it can be re-used or recycled for the manufacturing of another product. That approach can limit the dependency of the Union’s economy on materials imported from third countries, which is particularly important in respect of critical raw materials. It is therefore appropriate to focus first on those economic activities and sectors that have the greatest potential to achieve those aims. |
(12) |
When considering the circularity of a product, the design and production phases are key for ensuring durability and potential re-use of the product and for its recyclability. Those phases are also imperative for reducing the content of hazardous substances and substituting substances of very high concern in materials and products throughout their life cycle. The technical screening criteria for manufacturing activities that substantially contribute to the transition to circular economy should therefore set design requirements for products’ longevity, reparability and reuse, as well as requirements on the use of materials, substances and processes that allow for quality recycling of the product. The use of hazardous substances should be minimised. Where possible, the criteria should also require the use of recycled materials for the manufacturing of the product itself. |
(13) |
In the follow-up to Communications from the Commission of 11 December 2019‘The European Green Deal’ (8), of 11 March 2020 on a new Circular Economy Action Plan (9), of 16 January 2018 on a European Strategy for Plastics (10) and of 30 November 2022 on an EU policy framework on biobased, biodegradable and compostable plastics (11), the technical screening criteria for plastic packaging manufacturing should be complemented, reviewed and where necessary revised and taking into account relevant Union law, including Directive 94/62/EC of the European Parliament and of the Council (12) and its future revisions. |
(14) |
In the absence of legally agreed sustainability criteria on the role of biomass in plastic packaging, the technical screening criteria for manufacturing of plastic packaging making substantial contribution to the transition to a circular economy focus on use of bio-waste feedstock. Taking into account future technology and policy developments, including the review of Directive (EU) 2018/2001 of the European Parliament and of the Council (13), as well as possible contribution to other environmental objectives, those criteria may need to be reviewed. |
(15) |
Good waste management is a building block of the circular economy and helps prevent waste from having a negative impact on the environment and human health. The Union legislation on waste (14) improves waste management by setting out a ‘waste hierarchy’ under which waste prevention, preparing for re-use and recycling are the preferred options, followed by other recovery, including energy recovery and only as a last resort, disposal such as incineration without energy recovery or landfilling. The technical screening criteria for determining the conditions under which a specific economic activity qualifies as contributing substantially to the transition to a circular economy should therefore aim at preventing or reducing waste generation, increasing the preparation for re-use and recycling of waste, avoiding down cycling and disposal of waste. Taking into account that materials suitable for being reintroduced into the circular economy, such as metals and inorganic salts, can be recycled from combustion products, in particular from bottom ashes from non-hazardous waste incineration, the establishment of technical screening criteria for that recycling activity is to be considered. |
(16) |
Construction and demolition is responsible for 37 % of waste in the Union (15). Ensuring that the materials used in the construction and maintenance process of buildings and other civil engineering objects come mainly from re-used or recycled (secondary raw) materials; and are in turn prepared for re-use or recycling when the built asset is demolished, can therefore play an important role in the transition to a circular economy. Technical screening criteria therefore should be laid down for the construction of new buildings, renovation of existing buildings, demolition or wrecking of buildings and other structures, maintenance of roads and motorways and for the use of concrete in civil engineering projects. Considerations of the circularity of the materials and the built asset need to be taken into account in the design phase, up until the dismantling phase. The technical screening criteria should therefore follow the principles of circular design and production of the built asset, as well as a circular use of materials used to produce that asset. |
(17) |
A whole new range of sustainable services, product-as-a-service business models and digital solutions brings about a better quality of life, innovative jobs and upgraded knowledge and skills. In line with the Communication ‘A new Circular Economy Action Plan – For a cleaner and more competitive Europe’, circular economy provides high-quality, functional and safe products, which are efficient and affordable, last longer and are designed for re-use, repair and high-quality recycling. The technical screening criteria for determining the conditions under which innovative sustainable services qualify as contributing substantially to the transition to a circular economy should therefore be laid down for activities that contribute to prolonging the life of products. |
(18) |
Digital solutions, including the use of digital product passports, can provide real-time data about an item’s location, condition, and availability, and increase the traceability of materials and that way enhance value retention in every design, manufacturing and consumer decision. That in turn enables economic actors to move to circular business models, including product-as-a-service business model, ultimately decoupling economic activities from the use of natural resources and improving an economic activity’s environmental impacts. Technical screening criteria should therefore be established for new digital solutions that can improve the transparency and efficiency of environmental monitoring and regulatory enforcement, including decision-making within integrated water resources management. |
(19) |
The technical screening criteria for determining under which conditions an economic activity qualifies as contributing substantially to pollution prevention and control should reflect the need to eliminate pollution in air, water, soil, living organisms and food resources. Pollution can cause illnesses and in consequence may lead to premature deaths. Its most harmful impacts on human health are typically borne by the most vulnerable groups (16). Pollution also threatens biodiversity and contributes to the mass extinction of species. As outlined in the Communication from the Commission of 12 May 2021, Pathway to a Healthy Planet for All EU Action Plan: ‘Towards Zero Pollution for Air, Water and Soil’ (17), the economic benefits of fighting pollution are substantial and the benefits for society far outweigh the required costs. |
(20) |
Following the ambition of the Communication from the Commission of 14 October 2020‘Chemicals Strategy for Sustainability Towards a Toxic-Free Environment’ (18), to help to prevent and control pollution it is particularly important to progressively phase out the most harmful substances from products for consumer or professional use except when their use has been proven to be essential for society and to substitute or minimise the production and use of substances of concern, as far as possible. |
(21) |
Pollution caused by certain pharmaceutical ingredients may pose risks to the environment and to human health as outlined in the Communication from the Commission of 11 March 2019‘European Union Strategic Approach to Pharmaceuticals in the Environment’ (19). Technical screening criteria for the manufacturing of active pharmaceutical ingredients or active substances and for the manufacturing of medicinal products should therefore aim at promoting the production and use of ingredients that are naturally occurring substances or are classified as readily biodegradable. |
(22) |
Preventing and reducing emission of pollutants in the end-of-life phase of products, and the cleaning-up of existing pollution, have a significant potential to protect the environment from pollution and to improve the state of the environment. Technical screening criteria should therefore be established for the collection, transport and treatment of hazardous waste which poses a greater risk to the environment and human health than non-hazardous waste, as well as for remediation of non-conforming landfills and abandoned or illegal waste dumps and of contaminated sites and areas. |
(23) |
The technical screening criteria for determining under which conditions an economic activity qualifies as contributing substantially to the protection and restoration of biodiversity and ecosystems should reflect the need to protect, conserve or restore biodiversity to achieve the good condition of ecosystems or to protect ecosystems that are already in good condition. Loss of biodiversity and collapse of ecosystems are one of the biggest threats facing humanity in the next decade (20). |
(24) |
Conservation of biodiversity has direct economic benefits for many sectors of the economy. The technical screening criteria should therefore aim at maintaining or improving the status and trends of terrestrial, freshwater and marine habitats, ecosystems and populations of related fauna and flora species. |
(25) |
The value of biodiversity and of the associated services provided by healthy ecosystems is important for tourism as it contributes significantly to the attractiveness and quality of tourism destinations, and therefore to their competitiveness. Technical screening criteria should therefore be established for tourism accommodation activities and should aim at ensuring that those activities follow appropriate principles and minimum requirements to protect and sustain the biodiversity and ecosystems, and to contribute to their conservation. |
(26) |
The technical screening criteria for determining whether the economic activities that contribute substantially to one of the environmental objectives cause no significant harm to any of the other environmental objectives should aim at ensuring that contribution to one of the environmental objectives is not made at the expense of other environmental objectives. The ‘do no significant harm’ criteria play therefore an essential role in ensuring the environmental integrity of the classification of environmentally sustainable activities. The ‘do no significant harm’ criteria for a given environmental objective should be specified for those activities that present a risk of causing significant harm to that objective. Those criteria should take into account and build upon the relevant requirements of existing Union law. |
(27) |
The technical screening criteria for ensuring that activities that contribute substantially to one of the environmental objectives do not cause significant harm to climate change mitigation should ensure that economic activities that have the potential to contribute substantially to environmental objectives other than climate change mitigation do not lead to significant greenhouse gas emissions. |
(28) |
Climate change is likely to affect all sectors of the economy. The technical screening criteria for ensuring that economic activities that contribute substantially to one of the environmental objectives do not cause significant harm to climate change adaptation should therefore apply to all of those economic activities. Those criteria should ensure that existing and future risks that are material to the economic activity are identified and that adaptation solutions are implemented to minimise or avoid possible losses or impacts on business continuity. |
(29) |
The technical screening criteria for ‘do no significant harm’ to sustainable use and protection of water and marine resources should be specified for all activities that may hinder such sustainable use and protection. Those criteria should aim at avoiding that economic activities are detrimental to the good status or the good ecological potential of water bodies, including surface water and groundwater, or to the good environmental status of marine waters, by requiring that environmental degradation risks are identified and addressed, in accordance with a water use and protection management plan or with the Member States’ marine strategies. |
(30) |
The technical screening criteria for ‘do no significant harm’ to transition to a circular economy should be tailored to specific economic activities to ensure that those activities do not lead to inefficiencies in the use of resources or to lock-in linear production models, and that waste is avoided or reduced and, where unavoidable, managed in accordance with the waste hierarchy. Those criteria should also ensure that economic activities do not undermine the objective of transitioning to a circular economy. |
(31) |
The technical screening criteria for ‘do no significant harm’ to pollution prevention and control should reflect sector specificities to address the relevant sources and types of pollution into air, water or land, referring, where relevant, to best available techniques conclusions established under Directive 2010/75/EU of the European Parliament and of the Council (21). |
(32) |
The criteria for ‘do no significant harm’ to protection and restoration of biodiversity and ecosystems should be specified for all activities that can pose risks to the status or condition of habitats, species or ecosystems and should require that, where relevant, environmental impact assessments or other appropriate assessments are undertaken and the conclusions from such assessments are implemented. Those criteria should ensure that even in the absence of a requirement to perform an environmental impact assessment or other appropriate assessment, activities do not lead to the disturbance, capturing or killing of legally protected species or the deterioration of legally protected habitats. |
(33) |
As climate change is likely to affect all sectors of the economy, all sectors of the economy will need to be adapted to the adverse impact of the current climate and the expected future climate. Technical screening criteria for substantial contribution to climate change adaptation are to be therefore established in the future for all sectors and economic activities that are covered by the technical screening criteria for substantial contribution to the sustainable use and protection of water and marine resources, to the transition to a circular economy, to pollution prevention and control or to the protection and restoration of biodiversity and ecosystems set out in this Regulation. |
(34) |
The inclusion of new economic activities contributing to environmental objectives pursuant to Articles 12(2), 13(2), 14(2), and 15(2) of Regulation (EU) 2020/852 will widen the coverage of disclosures laid down in Article 8 of that Regulation. Commission Delegated Regulation (EU) 2021/2178 (22), which was adopted on the basis of Article 8(4) of Regulation (EU) 2020/852, should therefore be amended to reflect that widened scope. To address certain technical and legal inconsistencies identified since the application of Delegated Regulation (EU) 2021/2178, targeted amendments should also be introduced to that Regulation. |
(35) |
Delegated Regulation (EU) 2021/2178 should therefore be amended accordingly. |
(36) |
The four environmental objectives referred to in Article 9, points (c) to (f), of Regulation (EU) 2020/852 and in Articles 12, 13, 14 and 15 of that Regulation are closely interlinked in terms of the means by which an objective is achieved and the benefits that achieving one of the objectives may have on other objectives. The provisions determining whether an economic activity contributes substantially to the sustainable use and protection of water and marine resources, to the transition to a circular economy, to pollution prevention and control or to the protection and restoration of biodiversity and ecosystems, are thus closely interrelated, and are closely linked to the need to widen the disclosure obligations laid down in Delegated Regulation (EU) 2021/2178. To ensure coherence between those provisions, which should enter into force at the same time, to facilitate a comprehensive view of the legal framework for stakeholders and to facilitate the application of Regulation (EU) 2020/852, it is necessary to include those provisions in a single Regulation. |
(37) |
To ensure that the application of Regulation (EU) 2020/852 evolves with scientific, technological, market and policy developments, this Regulation should be regularly reviewed and, where appropriate, amended as regards the activities considered to be contributing substantially to the sustainable use and protection of water and marine resources, to the transition to a circular economy, to pollution prevention and control, to the protection and restoration of biodiversity and ecosystems, and the corresponding technical screening criteria. |
(38) |
This Regulation is consistent with the climate-neutrality objective set out in Article 2(1) of Regulation (EU) 2021/1119 of the European Parliament and of the Council (23) and ensures progress on adaptation as referred to in Article 5 of that Regulation. The Commission assessed the consistency of the technical screening criteria for ensuring that economic activities that contribute substantially to one of the environmental objectives do not cause significant harm to climate change mitigation and climate change adaptation with the objective and targets of Regulation (EU) 2021/1119 as required by Article 6(4) of that Regulation. |
(39) |
It is necessary to provide non-financial and financial undertakings with sufficient time to assess whether their economic activities comply with the technical screening criteria laid down in this Regulation, and to report on the basis of that assessment in accordance with Delegated Regulation (EU) 2021/2178. The date of application of this Regulation should therefore be deferred, while the amendments to Delegated Regulation (EU) 2021/2178 should ensure that non-financial and financial undertakings have sufficient time to comply with their reporting requirements under that Regulation, |
HAS ADOPTED THIS REGULATION:
Article 1
Technical screening criteria related to the sustainable use and protection of water and marine resources
The technical screening criteria for determining the conditions under which an economic activity qualifies as contributing substantially to the sustainable use and protection of water and marine resources and for determining whether that economic activity causes no significant harm to any of the other environmental objectives laid down in Article 9 of Regulation (EU) 2020/852 are set out in Annex I to this Regulation.
Article 2
Technical screening criteria related to the transition to a circular economy
The technical screening criteria for determining the conditions under which an economic activity qualifies as contributing substantially to the transition to a circular economy and for determining whether that economic activity causes no significant harm to any of the other environmental objectives laid down in Article 9 of Regulation (EU) 2020/852 are set out in Annex II to this Regulation.
Article 3
Technical screening criteria related to pollution prevention and control
The technical screening criteria for determining the conditions under which an economic activity qualifies as contributing substantially to pollution prevention and control and for determining whether that economic activity causes no significant harm to any of the other environmental objectives laid down in Article 9 of Regulation (EU) 2020/852 are set out in Annex III to this Regulation.
Article 4
Technical screening criteria related to the protection and restoration of biodiversity and ecosystems
The technical screening criteria for determining the conditions under which an economic activity qualifies as contributing substantially to the protection and restoration of biodiversity and ecosystems and for determining whether that economic activity causes no significant harm to any of the other environmental objectives laid down in Article 9 of Regulation (EU) 2020/852 are set out in Annex IV to this Regulation.
Article 5
Amendments to Delegated Regulation (EU) 2021/2178
Delegated Regulation (EU) 2021/2178 is amended as follows:
(1) |
in Article 8, paragraph 5 is deleted; |
(2) |
in Article 10, the following paragraphs 6 and 7 are added: ‘6. From 1 January 2024 until 31 December 2024, non-financial undertakings shall only disclose the proportion of Taxonomy-eligible and Taxonomy non-eligible economic activities pursuant to Delegated Regulation (EU) 2023/2486 and Sections 3.18 to 3.21, Sections 6.18 to 6.20 of Annex I to Delegated Regulation (EU) 2021/2139 and Sections 5.13, 7.8, 8.4, 9.3, 14.1 and 14.2 of Annex II to Delegated Regulation (EU) 2021/2139 in their total turnover, capital and operational expenditure and the qualitative information referred to in Section 1.2 of Annex I relevant for that disclosure. The key performance indicators of non-financial undertakings shall cover the economic activities set out in Delegated Regulation (EU) 2023/2486 and Sections 3.18 to 3.21, Sections 6.18 to 6.20 of Annex I to Delegated Regulation (EU) 2021/2139 and Sections 5.13, 7.8, 8.4, 9.3, 14.1 and 14.2 of Annex II to Delegated Regulation (EU) 2021/2139 from 1 January 2025. 7. From 1 January 2024 until 31 December 2025, financial undertakings shall only disclose:
The key performance indicators of financial undertakings shall cover the economic activities set out in Delegated Regulation (EU) 2023/2486 and Sections 3.18 to 3.21, Sections 6.18 to 6.20 of Annex I to Delegated Regulation (EU) 2021/2139 and Sections 5.13, 7.8, 8.4, 9.3, 14.1 and 14.2 of Annex II to Delegated Regulation (EU) 2021/2139 from 1 January 2026.’ |
(3) |
Annexes I, II, III, IV, V, VII, IX and X are amended in accordance with Annex V to this Regulation; |
(4) |
Annex VI is replaced by the text set out in Annex VI to this Regulation; |
(5) |
Annex VIII is replaced by the text set out in Annex VII to this Regulation. |
Article 6
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2024.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 June 2023.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 198, 22.6.2020, p. 13.
(2) Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19).
(3) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Strategy for Financing the Transition to a Sustainable Economy (COM(2021) 390 final).
(4) Commission Delegated Regulation (EU) 2021/2139 of 4 June 2021 supplementing Regulation (EU) 2020/852 of the European Parliament and of the Council by establishing the technical screening criteria for determining the conditions under which an economic activity qualifies as contributing substantially to climate change mitigation or climate change adaptation and for determining whether that economic activity causes no significant harm to any of the other environmental objectives (OJ L 442, 9.12.2021, p. 1).
(5) Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 December 2006 establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC Regulations on specific statistical domains (OJ L 393, 30.12.2006, p. 1).
(6) In particular Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1), Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy, amending and subsequently repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC of the European Parliament and of the Council (OJ L 348, 24.12.2008, p. 84), Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration (OJ L 372, 27.12.2006, p. 19), Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (OJ L 135, 30.5.1991, p. 40), Directive (EU) 2020/2184 of the European Parliament and of the Council of 16 December 2020 on the quality of water intended for human consumption (OJ L 435, 23.12.2020, p. 1), Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, p. 19), Directive 2006/7/EC of the European Parliament and of the Council of 15 February 2006 concerning the management of bathing water quality and repealing Directive 76/160/EEC (OJ L 64, 4.3.2006, p. 37) and Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 375, 31.12.1991, p. 1).
(7) Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (OJ L 135, 30.5.1991, p. 40).
(8) Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, The European Green Deal (COM(2019) 640 final).
(9) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, A new Circular Economy Action Plan – For a cleaner and more competitive Europe (COM(2020) 98 final).
(10) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, A European Strategy for Plastics in a Circular Economy (COM(2018) 28 final).
(11) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, EU policy framework on biobased, biodegradable and compostable plastics (COM(2022) 682 final).
(12) Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste (OJ L 365, 31.12.1994, p. 10).
(13) Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).
(14) See in particular Article 4 of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
(15) Eurostat Statistics Explained database, presenting data collected in accordance with Regulation (EC) No 2150/2002 of the European Parliament and of the Council of 25 November 2002 on waste statistics (OJ L 332, 9.12.2002, p. 1).
(16) European Environmental Agency Report No 22/2018, Unequal exposure and unequal impacts: social vulnerability to air pollution, noise and extreme temperatures in Europe.
(17) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Pathway to a Healthy Planet for All EU Action Plan: ‘Towards Zero Pollution for Air, Water and Soil’ (COM(2021) 400 final).
(18) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Chemicals Strategy for Sustainability Towards a Toxic-Free Environment (COM(2020) 667 final).
(19) Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee, European Union Strategic Approach to Pharmaceuticals in the Environment (COM(2019) 128 final).
(20) World Economic Forum (2020), The Global Risks Report 2020.
(21) Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17).
(22) Commission Delegated Regulation (EU) 2021/2178 of 6 July 2021 supplementing Regulation (EU) 2020/852 of the European Parliament and of the Council by specifying the content and presentation of information to be disclosed by undertakings subject to Articles 19a or 29a of Directive 2013/34/EU concerning environmentally sustainable economic activities, and specifying the methodology to comply with that disclosure obligation (OJ L 443, 10.12.2021, p. 9).
(23) Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).
ANNEX I
Technical screening criteria for determining the conditions under which an economic activity qualifies as contributing substantially to the sustainable use and protection of water and marine resources and for determining whether that economic activity causes no significant harm to any of the other environmental objectives
Table of Contents
1. |
Manufacturing | 11 |
1.1. |
Manufacture, installation and associated services for leakage control technologies enabling leakage reduction and prevention in water supply systems | 11 |
2. |
Water supply, sewerage, waste management and remediation activities | 12 |
2.1. |
Water supply | 12 |
2.2. |
Urban waste water treatment | 15 |
2.3. |
Sustainable urban drainage systems (SUDS) | 16 |
3. |
Disaster risk management | 18 |
3.1. |
Nature-based solutions for flood and drought risk prevention and protection | 18 |
4. |
Information and communication | 21 |
4.1. |
Provision of IT/OT data-driven solutions for leakage reduction | 21 |
1. Manufacturing
1.1. Manufacture, installation and associated services for leakage control technologies enabling leakage reduction and prevention in water supply systems
Description of the activity
The economic activity manufactures, installs, or provides associated services for leakage control technologies that enable leakage reduction and prevention in water supply systems (WSSs).
The economic activities in this category could be associated with several NACE codes, in particular E36 and F42.99, in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.
An economic activity in this category is an enabling activity in accordance with Article 12(1), point (e), of Regulation (EU) 2020/852 where it complies with the technical screening criteria set out in this Section.
Technical screening criteria
Substantial contribution to the sustainable use and protection of water and marine resources |
|||||||||||
|
|||||||||||
Do no significant harm (‘DNSH’) |
|||||||||||
|
N/A |
||||||||||
|
The activity complies with the criteria set out in Appendix A to this Annex. |
||||||||||
|
The activity assesses the availability of and, where feasible, adopts techniques that support:
|
||||||||||
|
The activity complies with the criteria set out in Appendix C to this Annex. |
||||||||||
|
The activity complies with the criteria set out in Appendix D to this Annex. |
2. Water supply, sewerage, waste management and remediation activities
2.1. Water supply
Description of the activity
Construction, extension, operation, and renewal of water collection, treatment and supply systems intended for human consumption based on the abstraction of natural resources of water from surface or ground water sources.
The economic activity includes abstraction of the water resource, necessary treatment to make the quality of water compliant with the applicable legislation and distribution to the population and food business operators in piped systems.
The economic activity does not cover irrigation and abstraction of water resources for desalination of marine or brackish water.
The economic activities in this category could be associated with several NACE codes, in particular E36.00 and F42.9, in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.
Technical screening criteria
Substantial contribution to the sustainable use and protection of water and marine resources |
|||||||||||||||||||||||||
|
|||||||||||||||||||||||||
Do no significant harm (‘DNSH’) |
|||||||||||||||||||||||||
|
N/A |
||||||||||||||||||||||||
|
The activity complies with the criteria set out in Appendix A to this Annex. |
||||||||||||||||||||||||
|
N/A |
||||||||||||||||||||||||
|
N/A |
||||||||||||||||||||||||
|
The activity complies with the criteria set out in Appendix D to this Annex. |
2.2. Urban waste water treatment
Description of the activity
Construction, extension, upgrade, operation and renewal of urban waste water infrastructure including treatment plants, sewer networks, storm water management structures, connections to the waste water infrastructure, decentralised wastewater treatment facilities, including individual and other appropriate systems, and discharge structures for treated effluent. The activity may include innovative and advanced treatments, including the removal of micropollutants.
The economic activities in this category could be associated with several NACE codes, in particular E37.00 and F42.9, in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.
Technical screening criteria
Substantial contribution to the sustainable use and protection of water and marine resources |
|||||||
|
|||||||
Do no significant harm (‘DNSH’) |
|||||||
|
An assessment of the direct GHG emissions from the centralised waste water system, including collection (sewer network) and treatment, has been performed. The results are disclosed to investors and clients on demand (8). For anaerobic digestion of sewage sludge, a monitoring plan is in place for methane leakage at the facility. |
||||||
|
The activity complies with the criteria set out in Appendix A to this Annex. |
||||||
|
N/A |
||||||
|
Discharges to receiving waters meet the requirements laid down in Directive 91/271/EEC or as required by national provisions stating maximum permissible pollutant levels from discharges to receiving waters. Measures have been implemented to avoid and mitigate harmful storm water overflows from the waste water collection system, which may include nature-based solutions, separate storm water collection systems, retention tanks and treatment of the first flush. Sewage sludge is used in accordance with Council Directive 86/278/EEC (9) or as required by national law relating to the spreading of sludge on the soil or any other application of sludge on and in the soil. |
||||||
|
The activity complies with the criteria set out in Appendix D to this Annex. |
2.3. Sustainable urban drainage systems (SUDS)
Description of the activity
Construction, extension, operation and renewal of urban drainage systems facilities that mitigate pollution and flood hazards due to discharges of urban runoff and improve the urban water quality and quantity, by harnessing natural processes, such as infiltration and retention.
The activity includes SUDS promoting infiltration, evaporation and other stormwater treatments (including water butts, site layout and management, pervious pavements, filter drains, swales, filter strips, ponds, wetlands, soakaways, infiltration trenches and basins, green roofs, bioretention areas and stormwater pre-treatment devices, including sand filters or silt removal devices (10)) and other innovative systems.
The activity does not include nature-based solutions for flood and drought risk prevention and protection outside the urban environment (see Section 3.1 of this Annex).
The economic activities in this category could be associated with several NACE codes, in particular E36.00, E37.00 and F42.9 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.
Technical screening criteria
Substantial contribution to the sustainable use and protection of water and marine resources |
|||||||||||||
The activity leads to a retention of rainwater in a specific area or to an improvement in water quality by complying with the following criteria:
|
|||||||||||||
Do no significant harm (‘DNSH’) |
|||||||||||||
|
N/A |
||||||||||||
|
The activity complies with the criteria set out in Appendix A to this Annex. |
||||||||||||
|
N/A |
||||||||||||
|
Depending on the origin of the received water and the different pollutant load, such as rainwater, rainfall run-offs from roofs, rainfall run-offs from roads, or stormwater, SUDS treat these waters before discharging or infiltrating the water into other environmental media. |
||||||||||||
|
The activity complies with the criteria set out in Appendix D to this Annex. The introduction of invasive alien species is prevented or their spread is managed in accordance with Regulation (EU) No 1143/2014 of the European Parliament and of the Council (12). |
3. Disaster risk management
3.1. Nature-based solutions for flood and drought risk prevention and protection
Description of the activity
Planning, construction, extension, and operation of large-scale nature-based flood or drought management and coastal, transitional or inland aquatic ecosystem restoration measures contributing to preventing and protecting against flooding or droughts, and enhancing natural water retention, biodiversity and water quality.
These large-scale nature-based flood or drought management measures are applied in peri-urban, rural and coastal areas and are coordinated at river basin, regional or local, such as municipal, scale.
The economic activity includes:
(a) |
river or lake related measures, including:
|
(b) |
wetland measures, including:
|
(c) |
coastal measures, including:
|
(d) |
river basin-wide management measures, including:
|
The activity does not include small-scale nature-based solutions to reduce flood and drought, including green and blue solutions applied in an urban setting, such as green roofs, swales, permeable surfaces and infiltration basins for urban storm water management purposes or Sustainable Urban Drainage Systems (see Section 2.3 of this Annex).
The economic activities in this category could be associated with NACE code F42.91 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.
Technical screening criteria
Substantial contribution to the sustainable use and protection of water and marine resources |
|||||||||||
|
|||||||||||
Do no significant harm (‘DNSH’) |
|||||||||||
|
The activity does not involve the degradation of land and marine environment with high carbon stock (16). |
||||||||||
|
The activity complies with the criteria set out in Appendix A to this Annex. |
||||||||||
|
Operators limit waste generation in processes related to construction and demolition and take into account best available techniques. At least 70 % (by weight) of the non-hazardous construction and demolition waste (excluding naturally occurring material referred to in category 17 05 04 in the European List of Waste established by Decision 2000/532/EC) generated on the construction site is prepared for reuse, recycling and other material recovery, including backfilling operations using waste to substitute other materials, in accordance with the waste hierarchy and the EU Construction and Demolition Waste Management Protocol (17). Operators use selective demolition to enable removal and safe handling of hazardous substances and facilitate reuse and high-quality recycling. |
||||||||||
|
The use of pesticides is minimised and alternative approaches or techniques, which may include non-chemical alternatives to pesticides, are favoured, in accordance with Directive 2009/128/EC of the European Parliament and of the Council (18), with exception of occasions where the use of pesticides is needed to control outbreaks of pests and diseases. The activity minimises the use of fertilisers and does not use manure. |
||||||||||
|
The activity complies with the criteria set out in Appendix D to this Annex. In addition, the following is to be ensured:
|
4. Information and communication
4.1. Provision of IT/OT data-driven solutions for leakage reduction
Description of the activity
The activity manufactures, develops, installs, deploys, maintains, repairs or provides professional services, including technical consulting for design or monitoring, for information technology (IT) or operational technology (OT) data driven solutions (21) to control, manage, reduce and mitigate leakage in water supply systems (WSSs).
The economic activities in this category could be associated with several NACE codes, in particular E36, F42.99 and J62 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.
An economic activity in this category is an enabling activity in accordance with Article 12(1), point (e), of Regulation (EU) 2020/852 where it complies with the technical screening criteria set out in this Section.
Technical screening criteria
Substantial contribution to the sustainable use and protection of water and marine resources |
|||||||||||
|
|||||||||||
Do no significant harm (‘DNSH’) |
|||||||||||
|
N/A |
||||||||||
|
The activity complies with the criteria set out in Appendix A to this Annex. |
||||||||||
|
Measures are in place to manage and recycle waste at the end-of life, including through decommissioning contractual agreements with recycling service providers, reflection in financial projections or official project documentation. These measures ensure that components and materials are segregated and treated to maximise recycling and reuse in accordance with the waste hierarchy, EU waste regulation principles and applicable regulations, in particular through the reuse and recycling of batteries and electronics and the critical raw materials therein. These measures also include the control and management of hazardous materials. Preparation for re-use, recovery or recycling operations, or proper treatment, including the removal of all fluids and a selective treatment are performed in accordance with Annex VII to Directive 2012/19/EU of the European Parliament and of the Council (23). |
||||||||||
|
The equipment used meets the requirements laid down in Directive 2009/125/EC of the European Parliament and of the Council (24) for servers and data storage products. The equipment used does not contain the restricted substances listed in Annex II to Directive 2011/65/EU of the European Parliament and of the Council (25), except where the concentration values by weight in homogeneous materials do not exceed the maximum values listed in that Annex. |
||||||||||
|
N/A |
(1) For activities in third countries, in accordance with applicable national law or international standards which pursue equivalent objectives of good water status and good ecological potential, through equivalent procedural and substantive rules, i.e. a water use and protection management plan developed in consultation with relevant stakeholders which ensures that (1) the impact of the activities on the identified status or ecological potential of potentially affected water body or bodies is assessed; and (2) deterioration or prevention of good status/ecological potential is avoided.
(2) Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1).
(3) Commission Implementing Decision (EU) 2022/679 of 19 January 2022 establishing a watch list of substances and compounds of concern for water intended for human consumption as provided for in Directive (EU) 2020/2184 of the European Parliament and of the Council (OJ L 124, 27.4.2022, p. 41).
(4) The Infrastructure Leakage Index (ILI) is calculated as current annual real losses (CARL)/unavoidable annual real losses (UARL). The current annual real losses (CARL) represent the amount of water that is actually lost from the distribution network (i.e. not delivered to final users). The unavoidable annual real losses (UARL) take into consideration that there will always be some leakage in a water distribution network. The UARL is calculated based on factors such as the length of the network, the number of service connections and the pressure at which the network is operating.
(5) For activities in third countries, in accordance with applicable national law or international standards which pursue equivalent objectives of good water status and good ecological potential, through equivalent procedural and substantive rules, i.e. a water use and protection management plan developed in consultation with relevant stakeholders which ensures that (1) the impact of the activities on the identified status or ecological potential of potentially affected water body or bodies is assessed; and (2) deterioration or prevention of good status/ecological potential is avoided.
(6) For activities in third countries, in accordance with applicable national law or international standards which pursue equivalent objectives of good water status and good ecological potential, through equivalent procedural and substantive rules, i.e. a water use and protection management plan developed in consultation with relevant stakeholders which ensures that (1) the impact of the activities on the identified status or ecological potential of potentially affected water body or bodies is assessed; and (2) deterioration or prevention of good status/ecological potential is avoided.
(7) Population equivalent (p.e.) means the organic biodegradable load having a five-day biochemical oxygen demand (BOD5) of 60 g of oxygen per day.
(8) For example, in line with IPCC guidelines for national GHG inventories for waste water treatment, version of 27.6.2023 available at: https://www.ipcc-nggip.iges.or.jp/public/2019rf/pdf/5_Volume5/19R_V5_6_Ch06_Wastewater.pdf.
(9) Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture (OJ L 181, 4.7.1986, p. 6).
(10) As defined in the document JRC Publications Repository – Best Environmental Management Practice for the Public Administration Sector (europa.eu).
(11) For activities in third countries, in accordance with applicable national law or international standards which pursue equivalent objectives of good water status and good ecological potential, through equivalent procedural and substantive rules, i.e. a water use and protection management plan, developed in consultation with relevant stakeholders which ensures that (1) the impact of the activities on the identified status or ecological potential of potentially affected water body or bodies is assessed; and (2) deterioration or prevention of good status/ecological potential is avoided.
(12) Regulation (EU) No 1143/2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and management of the introduction and spread of invasive alien species (OJ L 317, 4.11.2014, p. 35).
(13) Managed aquifer recharge is ‘the process of intentionally recharging an aquifer with water from a different place for subsequent recovery or for environmental benefits’.
(14) Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks (OJ L 288, 6.11.2007, p. 27).
(15) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, EU Biodiversity Strategy for 2030 – Bringing nature back into our lives, COM(2020) 380 final.
(16) Land with high-carbon stock means wetlands, including peatland, and continuously forested areas within the meaning of Article 29(4)(a), (b) and (c) of Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).
(17) EU Construction & Demolition Waste Management Protocol, September 2016: https://ec.europa.eu/docsroom/documents/20509/.
(18) Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides (OJ L 309, 24.11.2009, p. 71).
(19) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).
(20) Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7).
(21) ‘IT or OT data-driven solutions’ include connectable products, sensors, analytics and other software, and information and communication technologies (ICT) for the transmission, storage and display of data and system management.
(22) For activities in third countries, in accordance with applicable national law or international standards which pursue equivalent objectives of good water status and good ecological potential, through equivalent procedural and substantive rules, i.e. a water use and protection management plan developed in consultation with relevant stakeholders which ensures that (1) the impact of the activities on the identified status or ecological potential of potentially affected water body or bodies is assessed; and (2) deterioration or prevention of good status/ecological potential is avoided.
(23) Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE) (OJ L 197, 24.7.2012, p. 38).
(24) Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (OJ L 285, 31.10.2009, p. 10).
(25) Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (OJ L 174, 1.7.2011, p. 88).
Appendix A
Generic criteria for DNSH to climate change adaptation
I. Criteria
The physical climate risks that are material to the activity have been identified from those listed in the table in Section II of this Appendix by performing a robust climate risk and vulnerability assessment with the following steps:
The climate risk and vulnerability assessment is proportionate to the scale of the activity and its expected lifespan, such that:
The climate projections and assessment of impacts are based on best practice and available guidance and take into account the state-of-the-art science for vulnerability and risk analysis and related methodologies in line with the most recent Intergovernmental Panel on Climate Change reports (2), scientific peer-reviewed publications, and open source (3) or paying models. For existing activities and new activities using existing physical assets, the economic operator implements physical and non-physical solutions (‘adaptation solutions’), over a period of time of up to five years, that reduce the most important identified physical climate risks that are material to that activity. An adaptation plan for the implementation of those solutions is drawn up accordingly. For new activities and existing activities using newly-built physical assets, the economic operator integrates the adaptation solutions that reduce the most important identified physical climate risks that are material to that activity at the time of design and construction and has implemented them before the start of operations. The adaptation solutions implemented do not adversely affect the adaptation efforts or the level of resilience to physical climate risks of other people, of nature, of cultural heritage, of assets and of other economic activities; are consistent with local, sectoral, regional or national adaptation strategies and plans; and consider the use of nature-based solutions (4) or rely on blue or green infrastructure (5) to the extent possible. |
II. Classification of climate-related hazards (6)
|
Temperature-related |
Wind-related |
Water-related |
Solid mass-related |
Chronic |
Changing temperature (air, freshwater, marine water) |
Changing wind patterns |
Changing precipitation patterns and types (rain, hail, snow/ice) |
Coastal erosion |
Heat stress |
|
Precipitation or hydrological variability |
Soil degradation |
|
Temperature variability |
|
Ocean acidification |
Soil erosion |
|
Permafrost thawing |
|
Saline intrusion |
Solifluction |
|
|
|
Sea level rise |
|
|
|
|
Water stress |
|
|
Acute |
Heat wave |
Cyclone, hurricane, typhoon |
Drought |
Avalanche |
Cold wave/frost |
Storm (including blizzards, dust and sandstorms) |
Heavy precipitation (rain, hail, snow/ice) |
Landslide |
|
Wildfire |
Tornado |
Flood (coastal, fluvial, pluvial, ground water) |
Subsidence |
|
|
|
Glacial lake outburst |
|
(1) Future scenarios include Intergovernmental Panel on Climate Change representative concentration pathways RCP2.6, RCP4.5, RCP6.0 and RCP8.5.
(2) Assessment Reports on Climate Change: Impacts, Adaptation and Vulnerability, published periodically by the Intergovernmental Panel on Climate Change (IPCC), the United Nations body for assessing the science related to climate change produces, https://www.ipcc.ch/reports/.
(3) Such as Copernicus services managed by the European Commission.
(4) Nature-based solutions are defined as ‘solutions that are inspired and supported by nature, which are cost-effective, simultaneously provide environmental, social and economic benefits and help build resilience. Such solutions bring more, and more diverse, nature and natural features and processes into cities, landscapes and seascapes, through locally adapted, resource-efficient and systemic interventions’. Therefore, nature-based solutions benefit biodiversity and support the delivery of a range of ecosystem services (version of 27.6.2023: https://ec.europa.eu/research/environment/index.cfm?pg=nbs).
(5) See Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Green Infrastructure (GI) – Enhancing Europe’s Natural Capital (COM(2013) 249 final).
(6) The list of climate-related hazards in this table is non-exhaustive, and constitutes only an indicative list of most widespread hazards that are to be taken into account as a minimum in the climate risk and vulnerability assessment.
Appendix C
Generic criteria for DNSH to pollution prevention and control regarding use and presence of chemicals
The activity does not lead to the manufacture, placing on the market or use of:
In addition, the activity does not lead to the manufacture, presence in the final product or output, or placing on the market, of other substances, whether on their own, or in mixtures or in an article, in a concentration above 0,1 % weight by weight (w/w), that meet the criteria of Regulation (EC) No 1272/2008 for one of the hazard classes or hazard categories mentioned in Article 57 of Regulation (EC) No 1907/2006, except if it is assessed and documented by the operators that no other suitable alternative substances or technologies are available on the market, and that they are used under controlled conditions (6). |
(1) Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants (OJ L 169, 25.6.2019, p. 45).
(2) Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May 2017 on mercury, and repealing Regulation (EC) No 1102/2008 (OJ L 137, 24.5.2017, p. 1).
(3) Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer (OJ L 286, 31.10.2009, p. 1).
(4) Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).
(5) The Commission will review the exceptions from the prohibition from manufacturing, placing on the market or use of the substances referred to in point (f) once it will have published horizontal principles on essential use of chemicals.
(6) The Commission will review the exceptions from the prohibition from manufacture, presence in the final product or output, or placing on the market of the substances referred to in this paragraph once it will have published horizontal principles on essential use of chemicals.
Appendix D
Generic criteria for DNSH to protection and restoration of biodiversity and ecosystems
An Environmental Impact Assessment (EIA) or screening (1) has been completed in accordance with Directive 2011/92/EU (2). Where an EIA has been carried out, the required mitigation and compensation measures for protecting the environment are implemented. For sites/operations located in or near biodiversity-sensitive areas (including the Natura 2000 network of protected areas, UNESCO World Heritage sites and Key Biodiversity Areas, as well as other protected areas), an appropriate assessment (3), where applicable, has been conducted and based on its conclusions the necessary mitigation measures (4) are implemented. |
(1) The procedure through which the competent authority determines whether projects listed in Annex II to Directive 2011/92/EU is to be made subject to an environmental impact assessment (as referred to in Article 4(2) of that Directive).
(2) For activities in third countries, in accordance with equivalent applicable national law or international standards requiring the completion of an EIA or screening, for example, IFC Performance Standard 1: Assessment and Management of Environmental and Social Risks.
(3) In accordance with Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7) and Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7). For activities located in third countries, in accordance with equivalent applicable national law or international standards, that aim at the conservation of natural habitats, wild fauna and wild flora, and that require to carry out (1) a screening procedure to determine whether, for a given activity, an appropriate assessment of the possible impacts on protected habitats and species is needed; (2) such an appropriate assessment where the screening determines that it is needed, for example IFC Performance Standard 6: Biodiversity Conservation and Sustainable Management of Living Natural Resources.
(4) Those measures have been identified to ensure that the project, plan or activity will not have any significant effects on the conservation objectives of the protected area.
ANNEX II
Technical screening criteria for determining the conditions under which an economic activity qualifies as contributing substantially to the transition to a circular economy and for determining whether that economic activity causes no significant harm to any of the other environmental objectives
Table of Contents
1. |
Manufacturing | 28 |
1.1. |
Manufacture of plastic packaging goods | 28 |
1.2. |
Manufacture of electrical and electronic equipment | 32 |
2. |
Water supply, sewerage, waste management and remediation activities | 39 |
2.1. |
Phosphorus recovery from waste water | 39 |
2.2. |
Production of alternative water resources for purposes other than human consumption | 40 |
2.3. |
Collection and transport of non-hazardous and hazardous waste | 42 |
2.4. |
Treatment of hazardous waste | 44 |
2.5. |
Recovery of bio-waste by anaerobic digestion or composting | 46 |
2.6. |
Depollution and dismantling of end-of-life products | 47 |
2.7. |
Sorting and material recovery of non-hazardous waste | 49 |
3. |
Construction and real estate activities | 51 |
3.1. |
Construction of new buildings | 51 |
3.2. |
Renovation of existing buildings | 55 |
3.3. |
Demolition and wrecking of buildings and other structures | 59 |
3.4. |
Maintenance of roads and motorways | 61 |
3.5. |
Use of concrete in civil engineering | 63 |
4. |
Information and communication | 67 |
4.1. |
Provision of IT/OT data-driven solutions | 67 |
5. |
Services | 71 |
5.1. |
Repair, refurbishment and remanufacturing | 71 |
5.2. |
Sale of spare parts | 73 |
5.3. |
Preparation for re-use of end-of-life products and product components | 74 |
5.4. |
Sale of second-hand goods | 76 |
5.5. |
Product-as-a-service and other circular use- and result-oriented service models | 79 |
5.6. |
Marketplace for the trade of second-hand goods for reuse | 81 |
1. Manufacturing
1.1. Manufacture of plastic packaging goods
Description of the activity
Manufacture of plastic packaging goods.
The economic activities in this category could be associated with NACE code C22.22 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.
Technical screening criteria
Substantial contribution to the transition to a circular economy |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Do no significant harm (‘DNSH’) |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
For plastic manufactured from chemical recycled feedstock, life-cycle GHG emissions of the manufactured plastic, excluding any calculated credits from the production of fuels, are lower than the life-cycle GHG emissions of the equivalent plastic in primary form manufactured from fossil fuel feedstock. Life-cycle GHG emissions are calculated using Commission Recommendation (EU) 2021/2279 (10) or, alternatively, using ISO 14067:2018 (11) or ISO 14064-1:2018 (12). Quantified life-cycle GHG emissions are verified by an independent third party. Life-cycle GHG emissions of plastic manufactured from sustainable bio-waste feedstock are lower than the life-cycle GHG emissions of the equivalent plastics in primary form manufactured from fossil fuel feedstock. Life-cycle GHG emissions are calculated using Commission Recommendation 2013/179/EU (13) or, alternatively, using ISO 14067:2018 or ISO 14064-1:2018. Quantified life-cycle GHG emissions are verified by an independent third party. |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
The activity complies with criteria set out in Appendix A to this Annex. |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
The activity complies with criteria set out in Appendix B to this Annex. |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
The activity complies with criteria set out in Appendix C to this Annex. For the products manufactured from plastic materials in primary form, emissions from the manufacturing of those plastic materials are within or lower than the emission levels associated with the best available techniques (BAT-AEL) ranges set out in the relevant best available techniques (BAT) conclusions, including:
No significant cross-media effects occur. |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
The activity complies with criteria set out in Appendix D to this Annex. |
1.2. Manufacture of electrical and electronic equipment
Description of the activity
Manufacturing of electrical and electronic equipment for industrial, professional and consumer use.
This activity includes manufacturing of rechargeable and non-rechargeable portable batteries (21). The activity does not include manufacturing of other battery categories.
The economic activities in this category could be associated with several NACE codes, in particular C26 and C27 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.
Technical screening criteria
Substantial contribution to the transition to a circular economy |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Substance group |
Scope of restriction |
Concentration limits (where applicable) |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
The following organotin stabiliser compounds are not present in external cables:
|
N/A |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Polycyclic Aromatic Hydrocarbons (PAHs) are not present at concentrations greater than or equal to individual and sum total concentration limits in any external plastic or man-made rubber surfaces. The presence and concentration of the following PAHs is verified: PAHs restricted by the Regulation (EC) No 1907/2006:
|
The individual concentration limits for PAHs restricted under Regulation (EC) No 1907/2006 is 1 mg/kg The sum total concentration limit for the 18 listed PAHs is not greater than 10 mg/kg |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Biocidal products intended to provide an anti-bacterial function Derogation for materials sold in hospitals and for healthcare applications |
N/A |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Arsenic and its compounds is not used in the manufacturing of LCD display unit glass and screen cover glass. |
0,0050 % w/w |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Plastic parts > 25 g do not contain chlorinated polymers. Note: For this specific sub-requirement, plastic cable housing is not considered as a ‘plastic part’. |
N/A |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Do no significant harm (‘DNSH’) |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Where the manufactured product contains refrigerants, it complies with the GWP performance laid down in the Regulation (EU) No 517/2014 of the European Parliament and of the Council (36). The activity does not manufacture products containing Sulfur hexafluoride (SF6). Where applicable, the manufactured product does not score lower than the third significantly populated class (37) of energy efficiency in accordance with Regulation (EU) 2017/1369 of the European Parliament and of the Council (38) and delegated acts adopted under that Regulation. |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
The activity complies with the criteria set out in Appendix A to this Annex. |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
The activity complies with the criteria set out in Appendix B to this Annex. |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
The activity complies with criteria set out in Appendix C to this Annex. For manufacturing of portable batteries, batteries comply with the applicable sustainability rules on the placing on the market of batteries in the Union, including restrictions on the use of hazardous substances in batteries, including Regulation (EC) No 1907/2006 and Directive 2006/66/EC of the European Parliament and of the Council (39). |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
The activity complies with the criteria set out in Appendix D to this Annex. |
2. Water supply, sewerage, waste management and remediation activities
2.1. Phosphorus recovery from waste water
Description of the activity
Construction, upgrade, operation and renewal of facilities for recovery of phosphorus from urban waste water treatment plants (WWTP) (aqueous phase and sludge) and from materials (i.e. ashes) after thermal oxidation (i.e. incineration) of sewage sludge.
The economic activity only includes the facilities and processes that make phosphorus recovery possible, not the previous steps, such as waste water treatment or incineration facilities.
The economic activities in this category could be associated with several NACE codes, in particular E37.00, E38.32 and F42.99 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.
Technical screening criteria
Substantial contribution to the transition to a circular economy |
|||||||
|
|||||||
Do no significant harm (‘DNSH’) |
|||||||
|
N/A |
||||||
|
The activity complies with the criteria set out in Appendix A to this Annex. |
||||||
|
The activity complies with the criteria set out in Appendix B to this Annex. |
||||||
|
Key performance parameters, including a mass balance for phosphorus pentoxide (P2O5) and key environmental parameters in relation to the identity and quantity of emissions and waste streams generated, are monitored. |
||||||
|
The activity complies with the criteria set out in Appendix D to this Annex. |
2.2. Production of alternative water resources for purposes other than human consumption
Description of the activity
Construction, extension, operation and renewal of facilities for producing reclaimed water (41), facilities for harvesting rain and storm water and facilities for collection and treatment of grey water (42).
These alternative water resources are used to replace water from abstraction or from the drinking water supply systems and can be used for aquifer recharge, irrigation, industrial reuse, recreation and any other municipal use.
The economic activity only includes the facilities and processes that make it possible for the water to be reused, such as facilities for recharging aquifers or surface water storages, and does not include the previous steps, such as primary and secondary steps in the waste water treatment plant or the subsequent steps, necessary for the final reuse of these alternative water resources, such as irrigation systems.
The economic activity does not include desalination (see Section 5.13 of Annex II to Delegated Regulation (EU) 2021/2139).
This economic activity does not include supply of water for the purpose of human consumption (see Section 2.1 of Annex I).
The economic activities in this category could be associated with several NACE codes, in particular E37.00 and F42.9 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.
Technical screening criteria
Substantial contribution to the transition to a circular economy |
|||||||||||||||||||||||
|
|||||||||||||||||||||||
Do no significant harm (‘DNSH’) |
|||||||||||||||||||||||
|
For the production of reclaimed water, an assessment of the direct GHG emissions from the reuse treatment, has been performed (44). The results are disclosed to investors and clients on demand. |
||||||||||||||||||||||
|
The activity complies with the criteria set out in Appendix A to this Annex. |
||||||||||||||||||||||
|
The activity complies with the criteria set out in Appendix B to this Annex. |
||||||||||||||||||||||
|
For the uses prescribed in the EU Regulation (EU) 2020/741, the activity complies with that Regulation or with applicable national legislation where it is stricter. Aquifer recharge and infiltration of surface runoff waters comply with the Directive 2006/118/EC or with applicable national legislation where it is stricter. |
||||||||||||||||||||||
|
The activity complies with the criteria set out in Appendix D to this Annex. |
2.3. Collection and transport of non-hazardous and hazardous waste
Description of the activity
Separate collection and transport of non-hazardous and hazardous (45) waste aimed at preparing for re-use (46) or recycling (47), including the construction, operation and upgrade of facilities involved in the collection and transport of such waste, such as civic amenity centres and waste transfer stations, as a means for material recovery.
The economic activities in this category could be associated with several NACE codes, in particular E38.11, E38.12 and F42.9 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.
Technical screening criteria
Substantial contribution to the transition to a circular economy |
|||||||||||||||||||||
|
|||||||||||||||||||||
Do no significant harm (‘DNSH’) |
|||||||||||||||||||||
|
N/A |
||||||||||||||||||||
|
The activity complies with the criteria set out in Appendix A to this Annex. |
||||||||||||||||||||
|
The activity complies with the criteria set out in Appendix B to this Annex. |
||||||||||||||||||||
|
|
||||||||||||||||||||
|
N/A |
2.4. Treatment of hazardous waste
Description of the activity
Construction, upgrade, and operation of dedicated facilities for the treatment of hazardous waste as a means for material recovery operations.
This economic activity covers both in situ and ex situ material recovery operations of waste classified as hazardous waste in accordance with the European List of Waste established by Commission Decision 2000/532/EC (52) and in accordance with Annex III to Directive 2008/98/EC. This includes the following streams:
(a) |
solvent reclamation or regeneration; |
(b) |
regeneration of acids and bases; |
(c) |
recycling or reclamation of inorganic materials other than metals or metal compounds; |
(d) |
recovery of components used for pollution abatement; |
(e) |
recovery of components from catalysts; |
(f) |
re-refining of oil lubricants and other industrial waste oils (excluding for use as fuel or incineration). |
The economic activity does not include the reuse of substances that do not qualify as waste, such as by-products or residues from production activities, in accordance with Article 5 of Directive 2008/98/EC.
The economic activity does not include recovery of materials from batteries, Waste from Electrical and Electronic Equipment (WEEE), End-of-Life Vehicles (ELV), inorganic materials from incineration processes, such as ashes, slags or dust. The economic activity does not include the treatment and recovery of nuclear waste.
The economic activities in this category could be associated with several NACE codes, in particular E38.22, E38.32, F42.9 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.
Technical screening criteria
Substantial contribution to the transition to a circular economy |
|||||||
|
|||||||
Do no significant harm (‘DNSH’) |
|||||||
|
The activity, on a life-cycle basis, does not increase GHG emissions as compared to the production based on the equivalent primary raw material(s). Life-cycle greenhouse gas emissions are calculated using Recommendation 2013/179/EU or, alternatively, using ISO 14067:2018 (54) or ISO 14064-1:2018 (55). Quantified life-cycle GHG emissions are verified by an independent third party. |
||||||
|
The activity complies with the criteria set out in Appendix A to this Annex. |
||||||
|
The activity complies with the criteria set out in Appendix B to this Annex. Relevant techniques are deployed for the protection of water and marine resources, as set out in the best available techniques (BAT) conclusions for waste treatment (56). |
||||||
|
All substances, and mixtures recovered comply with the applicable relevant legislation, such as Regulation (EC) No 1907/2006, Regulation (EU) 2019/1021, Regulation (EC) No 1272/2008 and Directive 2008/98/EC. The activity deploys relevant techniques for pollution prevention and control, as set out in the best available techniques (BAT) conclusions for waste treatment (57). The activity meets the relevant associated emission limits (BAT-AELs). |
||||||
|
The activity complies with the criteria set out in Appendix D to this Annex. |
2.5. Recovery of bio-waste by anaerobic digestion or composting
Description of the activity
Construction and operation of facilities for the treatment of separately collected bio-waste through anaerobic digestion or composting with the resulting production and utilisation of biogas, biomethane, digestate, compost or chemicals.
The economic activities in this category could be associated with several NACE codes, in particular E38.21 and F42.9 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.
Technical screening criteria
Substantial contribution to the transition to circular economy |
|||||||||||||||||
|
|||||||||||||||||
Do no significant harm (‘DNSH’) |
|||||||||||||||||
|
A monitoring and contingency plan is in place to minimise methane leakage at the facility. |
||||||||||||||||
|
The activity complies with the criteria set out in Appendix A to this Annex. |
||||||||||||||||
|
The activity complies with the criteria set out in Appendix B to this Annex. |
||||||||||||||||
|
For anaerobic digestion plants treating over 100 tonnes per day and for composting plants treating over 75 tonnes per day, the activity complies with best available techniques (BAT) conclusions for waste treatment (59) or equal or stricter national regulation, in order to reduce emissions to air and to improve the overall environmental performance as well as to select the waste input and to monitor or control the key waste and process parameters. Emissions to air and water are within or lower than the emission levels associated with the best available techniques (BAT-AEL) ranges set for, respectively, anaerobic and aerobic treatment of waste in the latest relevant best available techniques (BAT) conclusions, including the best available techniques (BAT) conclusions for waste treatment (60). For anaerobic digestion, the nitrogen content of the digestate used as fertilisers or soil improver is communicated to the buyer or the entity in charge of taking off the digestate, either in compliance with Regulation (EU) 2019/1009, or with tolerance level ± 25 %. |
||||||||||||||||
|
The activity complies with the criteria set out in Appendix D to this Annex. |
2.6. Depollution and dismantling of end-of-life products
Description of the activity
Construction, operation and upgrade of facilities dismantling and depolluting complex end-of-life products, movable assets and their components for materials recovery or preparation for re-use of components.
The economic activity includes the dismantling of end-of-life products and movable assets and their components of any type, such as automobiles, ships and electrical and electronic equipment (EEE) for material recovery.
The economic activity does not include the treatment of batteries stemming from separate collection or removed during dismantling and depollution activities, and the demolition and wrecking of buildings and other structures (see Section 3.3 of this Annex).
The economic activities in this category could be associated with several NACE codes, in particular E38.31, E38.32 and E42.99 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.
Technical screening criteria
Substantial contribution to the transition to a circular economy |
|||||||||||||||||
|
|||||||||||||||||
Do no significant harm (‘DNSH’) |
|||||||||||||||||
|
N/A |
||||||||||||||||
|
The activity complies with the criteria set out in Appendix A to this Annex. |
||||||||||||||||
|
The activity complies with the criteria set out in Appendix B to this Annex. |
||||||||||||||||
|
|
||||||||||||||||
|
The activity complies with the criteria set out in Appendix D to this Annex. |
2.7. Sorting and material recovery of non-hazardous waste
Description of the activity
Construction, upgrade, and operation of facilities for the sorting or recovery of non-hazardous waste streams into high quality secondary raw materials using a mechanical transformation process.
The economic activity does not include sorting and recovery of combustible fractions from mixed residual waste for the production of refuse-derived fuel, such as in mechanical and biological treatment plants.
The economic activities in this category could be associated with several NACE codes, in particular E38.32 and F42.9 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.
Technical screening criteria
Substantial contribution to the transition to a circular economy |
|||||||||||||||||||||
1. Origin of the feedstock material The non-hazardous waste feedstock originates from one or multiple of the following sources:
2. Material recovery The activity attains or exceeds existing plant-specific material recovery rates by competent authorities set in applicable waste management plans, permits or contracts or by Extended Producer Responsibility (EPR) schemes. The facility implements internally defined Key Performance Indicators (KPIs) to track performance or attainment of applicable recovery rates. For materials for which separate collection is mandatory, the activity converts at least 50 %, in terms of weight, of the processed separately collected non-hazardous waste into secondary raw materials that are suitable for the substitution of primary raw materials in production processes. 3. Proper management of waste The facility recovering non-hazardous waste has implemented Best Available Techniques (BAT) based on BAT 2 on improving overall environmental performance of the plant set out in the best available techniques (BAT) conclusions for waste treatment (72) including:
4. Quality of secondary raw materials The activity converts or allows the conversion of waste into secondary raw materials, including critical raw materials, that are suitable for the substitution of primary raw materials in production processes. |
|||||||||||||||||||||
Do no significant harm (‘DNSH’) |
|||||||||||||||||||||
|
N/A |
||||||||||||||||||||
|
The activity complies with the criteria set out in Appendix A to this Annex. |
||||||||||||||||||||
|
The activity complies with the criteria set out in Appendix B to this Annex. |
||||||||||||||||||||
|
For activities falling under the scope of the best available techniques (BAT) conclusions for waste treatment (73), the activity implements the relevant techniques for pollution prevention and control and meets the relevant associated emission limits (BAT-AELs). Plastics recycling facilities have filtration installed prior to wash discharge that is capable of removing at least 75 % of microplastics > 5 μm. |
||||||||||||||||||||
|
The activity complies with the criteria set out in Appendix D to this Annex. |
3. Construction and real estate activities
3.1. Construction of new buildings
Description of the activity
The development of construction projects for residential and non-residential buildings by combining financial, technical, and physical means with a view to sell the building upon delivery or at a later date, as well as the construction of complete residential or non-residential buildings, on own account for sale or on a fee or contract basis.
The economic activities in this category could be associated with several NACE codes, in particular F41.1, F41.2 and F43, in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.
Technical screening criteria
Substantial contribution to the transition to a circular economy |
|||||||||||||||||||||||||
|
|||||||||||||||||||||||||
Do no significant harm (‘DNSH’) |
|||||||||||||||||||||||||
|
The building is not dedicated to extraction, storage, transport or manufacture of fossil fuels. The Primary Energy Demand (PED) (87) setting out the energy performance of the building resulting from the construction does not exceed the threshold set for the nearly zero-energy building (NZEB) requirements in national regulation implementing Directive 2010/31/EU of the European Parliament and of the Council (88). The energy performance is certified using an as built Energy Performance Certificate (EPC). |
||||||||||||||||||||||||
|
The activity complies with the criteria set out in Appendix A to this Annex. |
||||||||||||||||||||||||
|
Where installed, except for installations in residential building units, the specified water use for the following water appliances are attested by product datasheets, a building certification or an existing product label in the Union, in accordance with the technical specifications laid down in Appendix E to Annex I to Delegated Regulation (EU) 2021/2139:
To avoid impact from the construction site, the activity complies with the criteria set out in Appendix B to this Annex. |
||||||||||||||||||||||||
|
Building components and materials used in the construction comply with the criteria set out in Appendix C to this Annex. Building components and materials used in the construction that may come into contact with occupiers (89) emit less than 0,06 mg of formaldehyde per m3 of test chamber air upon testing in accordance with the conditions specified in Annex XVII to Regulation (EC) No 1907/2006 and less than 0,001 mg of other categories 1A and 1B carcinogenic volatile organic compounds per m3 of test chamber air, upon testing in accordance with CEN/EN 16516 (90) or ISO 16000-3:2011 (91) or other equivalent standardised test conditions and determination methods (92). Where the new construction is located on a potentially contaminated site (brownfield site), the site has been subject to an investigation for potential contaminants, for example using standard ISO 18400 (93). Measures are taken to reduce noise, dust and pollutant emissions during construction or maintenance works. |
||||||||||||||||||||||||
|
The activity complies with the criteria set out in Appendix D to this Annex. The new construction is not built on one of the following:
|
3.2. Renovation of existing buildings
Description of the activity
Construction and civil engineering works or preparation thereof.
The economic activities in this category could be associated with several NACE codes, in particular F41 and F43 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.
Technical screening criteria
Substantial contribution to the transition to a circular economy |
|||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||
Do no significant harm (‘DNSH’) |
|||||||||||||||||||||||||||
|
The building is not dedicated to extraction, storage, transport or manufacture of fossil fuels. |
||||||||||||||||||||||||||
|
The activity complies with the criteria set out in Appendix A to this Annex. |
||||||||||||||||||||||||||
|
Where installed as part of the renovation works, except for renovation works in residential building units, the specified water use for the following water appliances are attested by product datasheets, a building certification or an existing product label in the Union, in accordance with the technical specifications laid down in Appendix E to Annex I to Delegated Regulation (EU) 2021/2139:
|
||||||||||||||||||||||||||
|
Building components and materials used in the construction comply with the criteria set out in Appendix C to this Annex. Building components and materials used in the construction that may come into contact with occupiers (112) emit less than 0,06 mg of formaldehyde per m3 of test chamber air upon testing in accordance with the conditions specified in Annex XVII to Regulation (EC) No 1907/2006 and less than 0,001 mg of other categories 1A and 1B carcinogenic volatile organic compounds per m3 of test chamber air, upon testing in accordance with EN 16516 or ISO 16000-3:2011 (113) or other equivalent standardised test conditions and determination methods. Measures are taken to reduce noise, dust and pollutant emissions during construction or maintenance works. |
||||||||||||||||||||||||||
|
N/A |
3.3. Demolition and wrecking of buildings and other structures
Description of the activity
The demolition and wrecking of buildings, roads and runways, railways, bridges, tunnels, waste water treatment works, water treatment works, pipelines, wells and boreholes, power-generating plants, chemical plants, dams and reservoirs, mines and quarries, offshore structures, near shore works, ports, waterway works or land formation and reclamation (114).
For projects associated with the activities ‘Construction of New Buildings’ or ‘Renovation of existing buildings’ (see Sections 3.1 and 3.2 of this Annex), where the demolition works and the construction or renovation works are procured under the same contract, the technical screening criteria for the construction or renovation activities apply.
The economic activity does not include the demolition and wrecking of buildings and other structures carried out as part of the activity ‘Remediation of contaminated sites and areas’ (see Section 2.4 of Annex III).
The economic activities in this category could be associated with NACE code F43.1 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.
Technical screening criteria
Substantial contribution to the transition to a circular economy |
|||||||||||||||||
|
|||||||||||||||||
Do no significant harm (‘DNSH’) |
|||||||||||||||||
|
The building owner or contractor ensures that during renovation, refurbishing or demolition activities implying the removal of foam panels, or laminated boards installed in cavities or built up structures, that contain foams with Fluorinated greenhouse gases, saturated and unsaturated Hydrofluorocarbons, and Ozone Depleting Substances, as defined in Regulation (EU) No 517/2014 and in Regulation (EU) No 1005/2009, the emissions are avoided to the extent possible by handling the foams or the gases contained therein in a way that ensures the reuse or destruction of the foam panels or the gases contained in the foams. The recovery of the gases contained in the foams is carried out by appropriately trained personnel. Where recovery of these foams is not technically feasible, the operator draws up documentation providing evidence for the infeasibility of the recovery in the specific case. Such documentation is retained for five years and is made available, on demand. |
||||||||||||||||
|
The activity complies with the criteria set out in Appendix A to this Annex. |
||||||||||||||||
|
The activity complies with the criteria set out in Appendix B to this Annex. |
||||||||||||||||
|
Measures are taken to reduce noise, dust and pollutant emissions during demolition and wrecking works. |
||||||||||||||||
|
The activity complies with the criteria set out in Appendix D to this Annex. |
3.4. Maintenance of roads and motorways
Description of the activity
Maintenance of streets, roads and motorways, other vehicular and pedestrian ways, surface work on streets, roads, highways, bridges, tunnels, aerodrome runways, taxiways and aprons, defined as all actions undertaken to maintain and restore the serviceability (123) and level of service of roads (124). For bridges and tunnels, the economic activity only includes the maintenance of the road that runs on the bridge or through the tunnel. It does not include the maintenance of the bridge or tunnel itself.
The economic activity includes routine maintenance, which can be scheduled on a periodical basis. The economic activity also includes preventive maintenance and rehabilitation which are defined as works undertaken to preserve or restore serviceability and to extend the service life (125) of an existing road. The maintenance operation is mainly dedicated to pavement management and concerns only the following main elements of the road: binder course, surface course and concrete slabs. The roads in the scope of this economic activity are made of asphalt, concrete or a combination of the two.
The economic activities in this category could be associated with NACE code F42.11 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.
Technical screening criteria
Substantial contribution to the transition to a circular economy |
|||||||||||
|
|||||||||||
Do no significant harm (‘DNSH’) |
|||||||||||
|
A traffic congestion mitigation plan to be implemented during the maintenance works is presented. |
||||||||||
|
The activity complies with the criteria set out in Appendix A to this Annex. |
||||||||||
|
The activity complies with the criteria set out in Appendix B to this Annex. |
||||||||||
|
Measures are taken to reduce noise, vibrations, dust and pollutant emissions during construction or maintenance works. When choosing road surface types, low noise road surfaces are preferred, in accordance with the comprehensive criterion B7 ‘minimum requirements for low-noise pavement design’ of the EU Green Public Procurement Criteria for Road Design, Construction and Maintenance (131), and considering low-noise road surfaces a priority for all roads under the scope of Directive 2002/49/EC. |
||||||||||
|
The activity complies with the criteria set out in Appendix D to this Annex. |
3.5. Use of concrete in civil engineering
Description of the activity
Use of concrete for new construction, reconstruction, or maintenance (132) of civil engineering objects, except concrete road surfaces on the following elements: streets, motorways, highways, other vehicular and pedestrian ways, bridges, tunnels and aerodrome runways, taxiways and aprons that are covered under the economic activity ‘Maintenance of roads and motorways’ (See Section 3.4 of this Annex).
An economic activity in this category could be associated with several NACE codes, in particular F42.12, F42.13, F42.2, F42.9, in accordance with the statistical classification for economic activities established by Regulation (EC) No 1893/2006.
Technical screening criteria
Substantial contribution to the transition to a circular economy |
|||||||||||||
|
|||||||||||||
Do no significant harm (‘DNSH’) |
|||||||||||||
|
The built asset is not dedicated to the extraction, storage, transport or manufacture of fossil fuels. For the cement used in this activity, the greenhouse gas emissions (141) from the production processes are:
|
||||||||||||
|
The activity complies with the criteria set out in Appendix A to this Annex. |
||||||||||||
|
The activity complies with the criteria set out in Appendix B to this Annex. |
||||||||||||
|
Components and materials used in the construction comply with the criteria set out in Appendix C to this Annex. Components and materials used in the construction that may come into contact with occupiers (144) emit less than 0,06 mg of formaldehyde per m3 of test chamber air upon testing in accordance with the conditions specified in Annex XVII to Regulation (EC) No 1907/2006 and less than 0,001 mg of other categories 1A and 1B carcinogenic volatile organic compounds per m3 of test chamber air, upon testing in accordance with CEN/EN 16516 (145) or ISO 16000-3:2011 (146) or other equivalent standardised test conditions and determination methods (147). Where the new construction is located on a potentially contaminated site (brownfield site), the site has been subject to an investigation for potential contaminants, for example by using standard ISO 18400. Measures are taken to reduce noise, vibrations, dust and pollutant emissions during construction or maintenance works. Where appropriate, given the sensitivity of the area affected, in particular in terms of the size of population and fauna affected, noise and vibrations from construction, use and maintenance of infrastructure are mitigated by acoustical planning introducing open trenches, wall barriers or other appropriate measures in compliance with Directive 2002/49/EC of the European Parliament and of the Council (148). |
||||||||||||
|
The activity complies with the criteria set out in Appendix D to this Annex. In addition, the following is to be ensured:
|
4. Information and communication
4.1. Provision of IT/OT data-driven solutions
Description of the activity
The activity manufactures, develops, installs, deploys, maintains, repairs or provides professional services, including technical consulting for design or monitoring of:
(a) |
software (149) and information technology (IT) or operational technology (OT) systems (150), including artificial intelligence (AI) based solutions, such as for automated machine learning, built for the purpose of remote monitoring and predictive maintenance, including systems for:
|
(b) |
tracking and tracing software and IT or OT systems built for the purpose of providing identification, tracking and tracing of materials, products and assets through their respective value chains (including digital material and product passports) with the predominant objective to support the circularity of material flows and products or other objectives set out in Regulation (EU) 2020/852; |
(c) |
lifecycle assessment software supporting the lifecycle assessment and related reporting for products, equipment or infrastructures; |
(d) |
design and engineering software supporting the eco-design of products, equipment, and infrastructure, including waste management and resource efficiency; |
(e) |
supplier management software supporting green procurement of materials, products and services with low environmental impact, but excluding the operation of market places supporting the trading of such goods; |
(f) |
lifecycle performance management software supporting the monitoring and assessment of the circularity performance of products, equipment, or infrastructures during their lifecycle. |
The economic activities in this category could be associated with several NACE codes, in particular C26, C27, J58.29, J61, J62 and J63.1 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.
An economic activity in this category is an enabling activity in accordance with Article 13(1), point (l), of Regulation (EU) 2020/852 where it complies with the technical screening criteria set out in this Section.
Technical screening criteria
Substantial contribution to the transition to a circular economy |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Do no significant harm (‘DNSH’) |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
N/A |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
The activity complies with the criteria set out in Appendix A to this Annex. |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
The activity complies with the criteria set out in Appendix B to this Annex. |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
The equipment used to operate the software meets the requirements laid down in Directive 2009/125/EC for servers and data storage products. The equipment used does not contain the restricted substances listed in Annex II to Directive 2011/65/EU, except where the concentration values by weight in homogeneous materials do not exceed the maximum values listed in that Annex. |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
N/A |
5. Services
5.1. Repair, refurbishment and remanufacturing
Description of the activity
Repair (158), refurbishment (159) and remanufacturing (160) of goods that have been used for their intended purpose before by a customer (physical person or legal person).
The economic activity does not include replacement of consumables (161), such as printer ink, toner cartridges, lubricants for moving parts or batteries.
The economic activity relates to products that are manufactured by economic activities classified under the NACE codes C13 Manufacture of textiles, C14 Manufacture of wearing apparel, C15 Manufacture of leather and related products, C16 Manufacture of wood and of products of wood and cork, except furniture; manufacture of articles of straw and plaiting materials, C22 Manufacture of rubber and plastic products, C23.3 Manufacture of clay building materials, C23.4 Manufacture of other porcelain and ceramic products, C25.1 Manufacture of structural metal products, C25.2 Manufacture of tanks, reservoirs and containers of metal, C25.7 Manufacture of cutlery, tools and general hardware, C25.9 Manufacture of other fabricated metal products, C26 Manufacture of computer, electronic and optical products, C27 Manufacture of electrical equipment, C28.22 Manufacture of lifting and handling equipment, C28.23 Manufacture of office machinery and equipment (except computers and peripheral equipment), C28.24 Manufacture of power-driven hand tools, C28.25 Manufacture of non-domestic cooling and ventilation equipment, C28.93 Manufacture of machinery for food, beverage and tobacco processing, excluding machinery for tobacco processing, C28.94 Manufacture of machinery for textile, apparel and leather production, C28.95 Manufacture of machinery for paper and paperboard production, C28.96 Manufacture of plastic and rubber machinery, C31 Manufacture of furniture and C32 Other manufacturing.
The economic activities in this category have no dedicated NACE codes as referred to in the statistical classification of economic activities established by Regulation (EC) No 1893/2006.
Technical screening criteria
Substantial contribution to the transition to a circular economy |
|||||||||
|
|||||||||
Do no significant harm (‘DNSH’) |
|||||||||
|
Where the activity involves on-site generation of heat/cool or co-generation including power, the direct GHG emissions of the activity are lower than 270 gCO2e/kWh. |
||||||||
|
The activity complies with the criteria set out in Appendix A to this Annex. |
||||||||
|
The activity complies with the criteria set out in Appendix B to this Annex. |
||||||||
|
The activity complies with the criteria set out in Appendix C to this Annex. Spare parts installed through repair, refurbishment or remanufacturing comply with all relevant Union rules on the restriction of the use of hazardous substances, of generic nature or with specific relevance to that product category, such as Regulation (EC) No 1907/2006, Directive 2011/65/EU, and Directive (EU) 2017/2102 of the European Parliament and of the Council (163). For repair or refurbishment activities, those requirements do not apply to the original components that have been retained in the product. For installations falling within the scope of Directive 2010/75/EU, emissions are within or lower than the emission levels associated with the best available techniques (BAT-AEL) ranges set out in the latest relevant best available techniques (BAT) conclusions and ensures at the same time that no significant cross-media effects occur. |
||||||||
|
N/A |
5.2. Sale of spare parts
Description of the activity
Sale of spare parts (164).
The economic activity does not include replacement of consumables, such as printer ink, toner cartridges, lubricants for moving parts or batteries and maintenance.
The economic activity relates to spare parts that are used in products manufactured by economic activities classified under the NACE codes C26 Manufacture of computer, electronic and optical products, C27 Manufacture of electrical equipment, C28.22 Manufacture of lifting and handling equipment, C28.23 Manufacture of office machinery and equipment (except computers and peripheral equipment), C28.24 Manufacture of power-driven hand tools and C31 Manufacture of furniture.
The economic activities in this category could be associated with several NACE codes, in particular G46 and G47 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.
Technical screening criteria
Substantial contribution to the transition to a circular economy |
|||||||||||||||
|
|||||||||||||||
Do no significant harm (‘DNSH’) |
|||||||||||||||
|
Where the activity involves on-site generation of heat/cool or co-generation including power, the direct GHG emissions of the activity are lower than 270 gCO2e/kWh. The activity develops a strategy to account for and reduce the GHG emissions arising from transport along the value chain, including shipping and returns, to the extent these are traceable. |
||||||||||||||
|