(1)

In order to ensure an effective implementation of the targets set in Article 11(2) of Directive 2008/98/EC, it is appropriate to define rules on the application of those targets.

(2)

It is also necessary to determine methods for the calculation of the share of municipal waste and construction and demolition waste which is prepared for reuse, recycled or materially recovered in order to verify and monitor compliance with the targets set in Article 11(2) of Directive 2008/98/EC.

(3)

Article 11(2)(a) of Directive 2008/98/EC leaves a certain flexibility to Member States as regards the municipal waste streams to which the targets are being applied. However, it is appropriate to define a range of options for Member States in order to clarify the practical application of verifying compliance with those targets.

(4)

In order to avoid additional administrative burden, data on waste statistics reported under Regulation (EC) No 2150/2002 of the European Parliament and of the Council of 25 November 2002 on waste statistics (2) should be used as far as possible to verify compliance with the targets set in Article 11(2) of Directive 2008/98/EC.

(5)

Where waste is exported out of the Union and there is sound evidence that the preparation for reuse, recycling or recovery took place under conditions that are equivalent to those prescribed by the legislation of the Union, that waste should be taken into account when verifying compliance with the targets set in Article 11(2) of Directive 2008/98/EC.

(6)

A review of this Decision may be necessary, if measures are taken to reinforce the targets or targets for other waste streams are set.

(7)

The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 39 of Directive 2008/98/EC,

(1)

‘household waste’ means waste generated by households;

(2)

‘similar waste’ means waste in nature and composition comparable to household waste, excluding production waste and waste from agriculture and forestry;

(3)

‘municipal waste’ means household waste and similar waste;

(4)

‘construction and demolition waste’ means waste corresponding to the waste codes in Chapter 17 of the Annex to Commission Decision 2000/532/EC (3), excluding hazardous waste and naturally occurring material as defined in Category 17 05 04;

(5)

‘material recovery’ means any recovery operation, excluding energy recovery and the reprocessing into materials which are to be used as fuel;

(6)

‘backfilling’ means a recovery operation where suitable waste is used for reclamation purposes in excavated areas or for engineering purposes in landscaping and where the waste is a substitute for non-waste materials.

(1)

Member States shall verify compliance with the targets set in Article 11(2) of Directive 2008/98/EC by calculating the weight of the waste streams which are generated and the waste streams which are prepared for reuse, recycled or have undergone other material recovery in 1 calendar year.

(2)

The weight of the waste prepared for reuse, recycled or materially recovered shall be determined by calculating the input waste used in the preparation for reuse or the final recycling or other final material recovery processes. A preparatory operation prior to the submission of the waste to a recovery or disposal operation is not a final recycling or other final material recovery operation. Where waste is collected separately or the output of a sorting plant is sent to recycling or other material recovery processes without significant losses, that waste may be considered the weight of the waste which is prepared for reuse, recycled or has undergone other material recovery.

(3)

The amount of waste prepared for reuse shall be included in the amount of recycled waste and shall not be reported separately.

(4)

Where waste is sent for preparation for reuse, recycling or other material recovery in another Member State, it may only be counted toward the targets of the Member State in which it has been collected.

(5)

Where waste is exported out of the Union for preparation for reuse, recycling or other material recovery, it shall be counted as prepared for reuse, recycled or having undergone other material recovery only where there is sound evidence showing compliance of the shipment with the provisions of Regulation (EC) No 1013/2006 of the European Parliament and of the Council (4), and in particular Article 49(2) thereof.

(6)

Where the target calculation is applied to the aerobic or anaerobic treatment of biodegradable waste, the input to the aerobic or anaerobic treatment may be counted as recycled where that treatment generates compost or digestate which, following any further necessary reprocessing, is used as a recycled product, material or substance for land treatment resulting in benefit to agriculture or ecological improvement.