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Document 02008L0098-20180705
Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (Text with EEA relevance)
Consolidated text: Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (Text with EEA relevance)
Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (Text with EEA relevance)
02008L0098 — EN — 05.07.2018 — 003.002
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
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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) |
Amended by:
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Official Journal |
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L 365 |
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19.12.2014 |
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L 184 |
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11.7.2015 |
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L 150 |
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14.6.2017 |
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DIRECTIVE (EU) 2018/851 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 30 May 2018 |
L 150 |
109 |
14.6.2018 |
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Corrected by:
DIRECTIVE 2008/98/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 19 November 2008
on waste and repealing certain Directives
(Text with EEA relevance)
CHAPTER I
SUBJECT MATTER, SCOPE AND DEFINITIONS
Article 1
Subject matter and scope
This Directive lays down measures to protect the environment and human health by preventing or reducing the generation of waste, the adverse impacts of the generation and management of waste and by reducing overall impacts of resource use and improving the efficiency of such use, which are crucial for the transition to a circular economy and for guaranteeing the Union’s long-term competitiveness.
Article 2
Exclusions from the scope
The following shall be excluded from the scope of this Directive:
gaseous effluents emitted into the atmosphere;
land (in situ) including unexcavated contaminated soil and buildings permanently connected with land;
uncontaminated soil and other naturally occurring material excavated in the course of construction activities where it is certain that the material will be used for the purposes of construction in its natural state on the site from which it was excavated;
radioactive waste;
decommissioned explosives;
faecal matter, if not covered by paragraph 2(b), straw and other natural non-hazardous agricultural or forestry material used in farming, forestry or for the production of energy from such biomass through processes or methods which do not harm the environment or endanger human health.
The following shall be excluded from the scope of this Directive to the extent that they are covered by other Community legislation:
waste waters;
animal by-products including processed products covered by Regulation (EC) No 1774/2002, except those which are destined for incineration, landfilling or use in a biogas or composting plant;
carcasses of animals that have died other than by being slaughtered, including animals killed to eradicate epizootic diseases, and that are disposed of in accordance with Regulation (EC) No 1774/2002;
waste resulting from prospecting, extraction, treatment and storage of mineral resources and the working of quarries covered by Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries ( 1 );
substances that are destined for use as feed materials as defined in point (g) of Article 3(2) of Regulation (EC) No 767/2009 of the European Parliament and of the Council ( 2 ) and that do not consist of or contain animal by-products.
Article 3
Definitions
For the purposes of this Directive, the following definitions shall apply:
‘waste’ means any substance or object which the holder discards or intends or is required to discard;
‘hazardous waste’ means waste which displays one or more of the hazardous properties listed in Annex III;
‘non-hazardous waste’ means waste which is not covered by point 2;
‘municipal waste’ means:
mixed waste and separately collected waste from households, including paper and cardboard, glass, metals, plastics, bio-waste, wood, textiles, packaging, waste electrical and electronic equipment, waste batteries and accumulators, and bulky waste, including mattresses and furniture;
mixed waste and separately collected waste from other sources, where such waste is similar in nature and composition to waste from households;
Municipal waste does not include waste from production, agriculture, forestry, fishing, septic tanks and sewage network and treatment, including sewage sludge, end-of-life vehicles or construction and demolition waste.
This definition is without prejudice to the allocation of responsibilities for waste management between public and private actors;
‘construction and demolition waste’ means waste generated by construction and demolition activities;
‘waste oils’ means any mineral or synthetic lubrication or industrial oils which have become unfit for the use for which they were originally intended, such as used combustion engine oils and gearbox oils, lubricating oils, oils for turbines and hydraulic oils;
‘bio-waste’ means biodegradable garden and park waste, food and kitchen waste from households, offices, restaurants, wholesale, canteens, caterers and retail premises and comparable waste from food processing plants;
‘food waste’ means all food as defined in Article 2 of Regulation (EC) No 178/2002 of the European Parliament and of the Council ( 3 ) that has become waste;
‘waste producer’ means anyone whose activities produce waste (original waste producer) or anyone who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of this waste;
‘waste holder’ means the waste producer or the natural or legal person who is in possession of the waste;
‘dealer’ means any undertaking which acts in the role of principal to purchase and subsequently sell waste, including such dealers who do not take physical possession of the waste;
‘broker’ means any undertaking arranging the recovery or disposal of waste on behalf of others, including such brokers who do not take physical possession of the waste;
‘waste management’ means the collection, transport, recovery (including sorting), and disposal of waste, including the supervision of such operations and the after-care of disposal sites, and including actions taken as a dealer or broker;
‘collection’ means the gathering of waste, including the preliminary sorting and preliminary storage of waste for the purposes of transport to a waste treatment facility;
‘separate collection’ means the collection where a waste stream is kept separately by type and nature so as to facilitate a specific treatment;
‘prevention’ means measures taken before a substance, material or product has become waste, that reduce:
the quantity of waste, including through the re-use of products or the extension of the life span of products;
the adverse impacts of the generated waste on the environment and human health; or
the content of hazardous substances in materials and products;
‘re-use’ means any operation by which products or components that are not waste are used again for the same purpose for which they were conceived;
‘treatment’ means recovery or disposal operations, including preparation prior to recovery or disposal;
‘recovery’ means any operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy. Annex II sets out a non-exhaustive list of recovery operations;
‘material recovery’ means any recovery operation, other than energy recovery and the reprocessing into materials that are to be used as fuels or other means to generate energy. It includes, inter alia, preparing for re-use, recycling and backfilling;
‘preparing for re-use’ means checking, cleaning or repairing recovery operations, by which products or components of products that have become waste are prepared so that they can be re-used without any other pre-processing;
‘recycling’ means any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original or other purposes. It includes the reprocessing of organic material but does not include energy recovery and the reprocessing into materials that are to be used as fuels or for backfilling operations;
‘backfilling’ means any recovery operation where suitable non-hazardous waste is used for purposes of reclamation in excavated areas or for engineering purposes in landscaping. Waste used for backfilling must substitute non-waste materials, be suitable for the aforementioned purposes, and be limited to the amount strictly necessary to achieve those purposes;
‘regeneration of waste oils’ means any recycling operation whereby base oils can be produced by refining waste oils, in particular by removing the contaminants, the oxidation products and the additives contained in such oils;
‘disposal’ means any operation which is not recovery even where the operation has as a secondary consequence the reclamation of substances or energy. Annex I sets out a non-exhaustive list of disposal operations;
‘best available techniques’ means best available techniques as defined in Article 2(11) of Directive 96/61/EC;
‘extended producer responsibility scheme’ means a set of measures taken by Member States to ensure that producers of products bear financial responsibility or financial and organisational responsibility for the management of the waste stage of a product’s life cycle.
Article 4
Waste hierarchy
The following waste hierarchy shall apply as a priority order in waste prevention and management legislation and policy:
prevention;
preparing for re-use;
recycling;
other recovery, e.g. energy recovery; and
disposal.
Member States shall ensure that the development of waste legislation and policy is a fully transparent process, observing existing national rules about the consultation and involvement of citizens and stakeholders.
Member States shall take into account the general environmental protection principles of precaution and sustainability, technical feasibility and economic viability, protection of resources as well as the overall environmental, human health, economic and social impacts, in accordance with Articles 1 and 13.
Article 5
By-products
Member States shall take appropriate measures to ensure that a substance or object resulting from a production process the primary aim of which is not the production of that substance or object is considered not to be waste, but to be a by-product if the following conditions are met:
further use of the substance or object is certain;
the substance or object can be used directly without any further processing other than normal industrial practice;
the substance or object is produced as an integral part of a production process; and
further use is lawful, i.e. the substance or object fulfils all relevant product, environmental and health protection requirements for the specific use and will not lead to overall adverse environmental or human health impacts.
Those detailed criteria shall ensure a high level of protection of the environment and human health and facilitate the prudent and rational utilisation of natural resources.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2). When adopting those implementing acts, the Commission shall take as a starting point the most stringent and environmentally protective of any criteria adopted by Member States in accordance with paragraph 3 of this Article and shall prioritise replicable practices of industrial symbiosis in the development of the detailed criteria.
Member States shall notify the Commission of those detailed criteria in accordance with Directive (EU) 2015/1535 of the European Parliament and of the Council ( 4 ) where so required by that Directive.
Article 6
End-of-waste status
Member States shall take appropriate measures to ensure that waste which has undergone a recycling or other recovery operation is considered to have ceased to be waste if it complies with the following conditions:
the substance or object is to be used for specific purposes;
a market or demand exists for such a substance or object;
the substance or object fulfils the technical requirements for the specific purposes and meets the existing legislation and standards applicable to products; and
the use of the substance or object will not lead to overall adverse environmental or human health impacts.
▼M4 —————
Those detailed criteria shall ensure a high level of protection of the environment and human health and facilitate the prudent and rational utilisation of natural resources. They shall include:
permissible waste input material for the recovery operation;
allowed treatment processes and techniques;
quality criteria for end-of-waste materials resulting from the recovery operation in line with the applicable product standards, including limit values for pollutants where necessary;
requirements for management systems to demonstrate compliance with the end-of-waste criteria, including for quality control and self-monitoring, and accreditation, where appropriate; and
a requirement for a statement of conformity.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).
When adopting those implementing acts, the Commission shall take account of the relevant criteria established by Member States in accordance with paragraph 3 and shall take as a starting point the most stringent and environmentally protective of those criteria.
Member States shall notify the Commission of those criteria in accordance with Directive (EU) 2015/1535 where so required by that Directive.
Member States may make information about case-by-case decisions and about the results of verification by competent authorities publicly available by electronic means.
The natural or legal person who:
uses, for the first time, a material that has ceased to be waste and that has not been placed on the market; or
places a material on the market for the first time after it has ceased to be waste,
shall ensure that the material meets relevant requirements under the applicable chemical and product related legislation. The conditions laid down in paragraph 1 have to be met before the legislation on chemicals and products applies to the material that has ceased to be waste.
Article 7
List of waste
▼M4 —————
CHAPTER II
GENERAL REQUIREMENTS
Article 8
Extended producer responsibility
Such measures may include an acceptance of returned products and of the waste that remains after those products have been used, as well as the subsequent management of the waste and financial responsibility for such activities. These measures may include the obligation to provide publicly available information as to the extent to which the product is re-usable and recyclable.
Where such measures include the establishment of extended producer responsibility schemes, the general minimum requirements laid down in Article 8a shall apply.
Member States may decide that producers of products that undertake financial or financial and organisational responsibilities for the management of the waste stage of a product’s life cycle of their own accord should apply some or all of the general minimum requirements laid down in Article 8a.
Such measures may encourage, inter alia, the development, production and marketing of products and components of products that are suitable for multiple use, that contain recycled materials, that are technically durable and easily reparable and that are, after having become waste, suitable for preparing for re-use and recycling in order to facilitate proper implementation of the waste hierarchy. The measures shall take into account the impact of products throughout their life cycle, the waste hierarchy and, where appropriate, the potential for multiple recycling.
The Commission shall publish guidelines, in consultation with Member States, on cross-border cooperation concerning extended producer responsibility schemes and on the modulation of financial contributions referred to in point (b) of Article 8a(4).
Where necessary to avoid distortion of the internal market, the Commission may adopt implementing acts in order to lay down criteria with a view to the uniform application of point (b) of Article 8a(4), but excluding any precise determination of the level of the contributions. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).
Article 8a
General minimum requirements for extended producer responsibility schemes
Where extended producer responsibility schemes are established in accordance with Article 8(1), including pursuant to other legislative acts of the Union, Member States shall:
define in a clear way the roles and responsibilities of all relevant actors involved, including producers of products placing products on the market of the Member State, organisations implementing extended producer responsibility obligations on their behalf, private or public waste operators, local authorities and, where appropriate, re-use and preparing for re-use operators and social economy enterprises;
in line with the waste hierarchy, set waste management targets, aiming to attain at least the quantitative targets relevant for the extended producer responsibility scheme as laid down in this Directive, Directive 94/62/EC, Directive 2000/53/EC, Directive 2006/66/EC and Directive 2012/19/EU of the European Parliament and of the Council ( 5 ), and set other quantitative targets and/or qualitative objectives that are considered relevant for the extended producer responsibility scheme;
ensure that a reporting system is in place to gather data on the products placed on the market of the Member State by the producers of products subject to extended producer responsibility and data on the collection and treatment of waste resulting from those products specifying, where appropriate, the waste material flows, as well as other data relevant for the purposes of point (b);
ensure equal treatment of producers of products regardless of their origin or size, without placing a disproportionate regulatory burden on producers, including small and medium-sized enterprises, of small quantities of products.
Member States shall take the necessary measures to ensure that any producer of products or organisation implementing extended producer responsibility obligations on behalf of producers of products:
has a clearly defined geographical, product and material coverage without limiting those areas to those where the collection and management of waste are the most profitable;
provides an appropriate availability of waste collection systems within the areas referred to in point (a);
has the necessary financial means or financial and organisational means to meet its extended producer responsibility obligations;
puts in place an adequate self-control mechanism, supported, where relevant, by regular independent audits, to appraise:
its financial management, including compliance with the requirements laid down in points (a) and (b) of paragraph 4;
the quality of data collected and reported in accordance with point (c) of paragraph 1 of this Article and with the requirements of Regulation (EC) No 1013/2006;
makes publicly available information about the attainment of the waste management targets referred to in point (b) of paragraph 1, and, in the case of collective fulfilment of extended producer responsibility obligations, also information about:
its ownership and membership;
the financial contributions paid by producers of products per unit sold or per tonne of product placed on the market; and
the selection procedure for waste management operators.
Member States shall take the necessary measures to ensure that the financial contributions paid by the producer of the product to comply with its extended producer responsibility obligations:
cover the following costs for the products that the producer puts on the market in the Member State concerned:
This point shall not apply to extended producer responsibility schemes established pursuant to Directive 2000/53/EC, 2006/66/EC or 2012/19/EU;
in the case of collective fulfilment of extended producer responsibility obligations, are modulated, where possible, for individual products or groups of similar products, notably by taking into account their durability, reparability, re-usability and recyclability and the presence of hazardous substances, thereby taking a life-cycle approach and aligned with the requirements set by relevant Union law, and where available, based on harmonised criteria in order to ensure a smooth functioning of the internal market; and
do not exceed the costs that are necessary to provide waste management services in a cost-efficient way. Such costs shall be established in a transparent way between the actors concerned.
Where justified by the need to ensure proper waste management and the economic viability of the extended producer responsibility scheme, Member States may depart from the division of financial responsibility as laid down in point (a), provided that:
in the case of extended producer responsibility schemes established to attain waste management targets and objectives established under legislative acts of the Union, the producers of products bear at least 80 % of the necessary costs;
in the case of extended producer responsibility schemes established on or after 4 July 2018 to attain waste management targets and objectives solely established in Member State legislation, the producers of products bear at least 80 % of the necessary costs;
in the case of extended producer responsibility schemes established before 4 July 2018 to attain waste management targets and objectives solely established in Member State legislation, the producers of products bear at least 50 % of the necessary costs,
and provided that the remaining costs are borne by original waste producers or distributors.
This derogation may not be used to lower the proportion of costs borne by producers of products under extended producer responsibility schemes established before 4 July 2018.
Where, in the territory of a Member State, multiple organisations implement extended producer responsibility obligations on behalf of producers of products, the Member State concerned shall appoint at least one body independent of private interests or entrust a public authority to oversee the implementation of extended producer responsibility obligations.
Each Member State shall allow the producers of products established in another Member State and placing products on its territory to appoint a legal or natural person established on its territory as an authorised representative for the purposes of fulfilling the obligations of a producer related to extended producer responsibility schemes on its territory.
For the purposes of monitoring and verifying compliance with the obligations of the producer of the product in relation to extended producer responsibility schemes, Member States may lay down requirements, such as registration, information and reporting requirements, to be met by a legal or natural person to be appointed as an authorised representative on their territory.
Article 9
Prevention of waste
Member States shall take measures to prevent waste generation. Those measures shall, at least:
promote and support sustainable production and consumption models;
encourage the design, manufacturing and use of products that are resource-efficient, durable (including in terms of life span and absence of planned obsolescence), reparable, re-usable and upgradable;
target products containing critical raw materials to prevent that those materials become waste;
encourage the re-use of products and the setting up of systems promoting repair and re-use activities, including in particular for electrical and electronic equipment, textiles and furniture, as well as packaging and construction materials and products;
encourage, as appropriate and without prejudice to intellectual property rights, the availability of spare parts, instruction manuals, technical information, or other instruments, equipment or software enabling the repair and re-use of products without compromising their quality and safety;
reduce waste generation in processes related to industrial production, extraction of minerals, manufacturing, construction and demolition, taking into account best available techniques;
reduce the generation of food waste in primary production, in processing and manufacturing, in retail and other distribution of food, in restaurants and food services as well as in households as a contribution to the United Nations Sustainable Development Goal to reduce by 50 % the per capita global food waste at the retail and consumer levels and to reduce food losses along production and supply chains by 2030;
encourage food donation and other redistribution for human consumption, prioritising human use over animal feed and the reprocessing into non-food products;
promote the reduction of the content of hazardous substances in materials and products, without prejudice to harmonised legal requirements concerning those materials and products laid down at Union level, and ensure that any supplier of an article as defined in point 33 of Article 3 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council ( 6 ) provides the information pursuant to Article 33(1) of that Regulation to the European Chemicals Agency as from 5 January 2021;
reduce the generation of waste, in particular waste that is not suitable for preparing for re-use or recycling;
identify products that are the main sources of littering, notably in natural and marine environments, and take appropriate measures to prevent and reduce litter from such products; where Member States decide to implement this obligation through market restrictions, they shall ensure that such restrictions are proportionate and non-discriminatory;
aim to halt the generation of marine litter as a contribution towards the United Nations Sustainable Development Goal to prevent and significantly reduce marine pollution of all kinds; and
develop and support information campaigns to raise awareness about waste prevention and littering.
Article 10
Recovery
Member States may allow derogations from paragraph 2 provided that at least one of the following conditions is met:
collecting certain types of waste together does not affect their potential to undergo preparing for re-use, recycling or other recovery operations in accordance with Article 4 and results in output from those operations which is of comparable quality to that achieved through separate collection;
separate collection does not deliver the best environmental outcome when considering the overall environmental impacts of the management of the relevant waste streams;
separate collection is not technically feasible taking into consideration good practices in waste collection;
separate collection would entail disproportionate economic costs taking into account the costs of adverse environmental and health impacts of mixed waste collection and treatment, the potential for efficiency improvements in waste collection and treatment, revenues from sales of secondary raw materials as well as the application of the polluter-pays principle and extended producer responsibility.
Member States shall regularly review derogations under this paragraph taking into account good practices in separate collection of waste and other developments in waste management.
Article 11
Preparing for re-use and recycling
Member States shall take measures to promote high-quality recycling and, to this end, subject to Article 10(2) and (3), shall set up separate collection of waste.
Subject to Article 10(2) and (3), Member States shall set up separate collection at least for paper, metal, plastic and glass, and, by 1 January 2025, for textiles.
Member States shall take measures to promote selective demolition in order to enable removal and safe handling of hazardous substances and facilitate re-use and high-quality recycling by selective removal of materials, and to ensure the establishment of sorting systems for construction and demolition waste at least for wood, mineral fractions (concrete, bricks, tiles and ceramics, stones), metal, glass, plastic and plaster.
In order to comply with the objectives of this Directive, and move to a European circular economy with a high level of resource efficiency, Member States shall take the necessary measures designed to achieve the following targets:
by 2020, the preparing for re-use and the recycling of waste materials such as at least paper, metal, plastic and glass from households and possibly from other origins as far as these waste streams are similar to waste from households, shall be increased to a minimum of overall 50 % by weight;
by 2020, the preparing for re-use, recycling and other material recovery, including backfilling operations using waste to substitute other materials, of non-hazardous construction and demolition waste excluding naturally occurring material defined in category 17 05 04 in the list of waste shall be increased to a minimum of 70 % by weight;
by 2025, the preparing for re-use and the recycling of municipal waste shall be increased to a minimum of 55 % by weight;
by 2030, the preparing for re-use and the recycling of municipal waste shall be increased to a minimum of 60 % by weight;
by 2035, the preparing for re-use and the recycling of municipal waste shall be increased to a minimum of 65 % by weight.
A Member State may postpone the deadlines for attaining the targets referred to in points (c), (d) and (e) of paragraph 2 by up to five years provided that that Member State:
prepared for re-use and recycled less than 20 % or landfilled more than 60 % of its municipal waste generated in 2013 as reported under the Joint Questionnaire of the OECD and Eurostat; and
at the latest 24 months before the respective deadline laid down in point (c), (d) or (e) of paragraph 2, notifies the Commission of its intention to postpone the respective deadline and submits an implementation plan in accordance with Annex IVb.
In the event of postponing the attainment of the targets in accordance with paragraph 3, the Member State concerned shall take the necessary measures to increase the preparing for re-use and the recycling of municipal waste:
to a minimum of 50 % by 2025 in the event of postponing the deadline for attaining the target referred to in point (c) of paragraph 2;
to a minimum of 55 % by 2030 in the event of postponing the deadline for attaining the target referred to in point (d) of paragraph 2;
to a minimum of 60 % by 2035 in the event of postponing the deadline for attaining the target referred to in point (e) of paragraph 2.
The Commission shall assess co-processing technology that allows the incorporation of minerals in the co-incineration process of municipal waste. Where a reliable methodology can be found, as part of this review, the Commission shall consider whether such minerals may be counted towards recycling targets.
Article 11a
Rules on the calculation of the attainment of the targets
For the purpose of calculating whether the targets laid down in points (c), (d) and (e) of Article 11(2) and in Article 11(3) have been attained:
Member States shall calculate the weight of the municipal waste generated and prepared for re-use or recycled in a given calendar year;
the weight of the municipal waste prepared for re-use shall be calculated as the weight of products or components of products that have become municipal waste and have undergone all necessary checking, cleaning or repairing operations to enable re-use without further sorting or pre-processing;
the weight of the municipal waste recycled shall be calculated as the weight of waste which, having undergone all necessary checking, sorting and other preliminary operations to remove waste materials that are not targeted by the subsequent reprocessing and to ensure high-quality recycling, enters the recycling operation whereby waste materials are actually reprocessed into products, materials or substances.
By way of derogation from the first subparagraph, the weight of municipal waste recycled may be measured at the output of any sorting operation provided that:
such output waste is subsequently recycled;
the weight of materials or substances that are removed by further operations preceding the recycling operation and are not subsequently recycled is not included in the weight of waste reported as recycled.
As from 1 January 2027, Member States may count municipal bio-waste entering aerobic or anaerobic treatment as recycled only if, in accordance with Article 22, it has been separately collected or separated at source.
In order to ensure uniform conditions for the application of this Article, the Commission shall adopt by 31 March 2019 implementing acts establishing rules for the calculation, verification and reporting of data, in particular as regards:
a common methodology for the calculation of the weight of metals that have been recycled in accordance with paragraph 6, including quality criteria for the recycled metals, and
bio-waste separated and recycled at source.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).
Article 11b
Early warning report
The reports referred to in paragraph 1 shall include the following:
an estimation of the attainment of the targets by each Member State;
a list of Member States at risk of not attaining the targets within the respective deadlines, accompanied by appropriate recommendations for the Member States concerned;
examples of best practices that are used throughout the Union which could provide guidance for progressing towards attaining the targets.
Article 12
Disposal
Article 13
Protection of human health and the environment
Member States shall take the necessary measures to ensure that waste management is carried out without endangering human health, without harming the environment and, in particular:
without risk to water, air, soil, plants or animals;
without causing a nuisance through noise or odours; and
without adversely affecting the countryside or places of special interest.
Article 14
Costs
CHAPTER III
WASTE MANAGEMENT
Article 15
Responsibility for waste management
Without prejudice to Regulation (EC) No 1013/2006, Member States may specify the conditions of responsibility and decide in which cases the original producer is to retain responsibility for the whole treatment chain or in which cases theresponsibility of the producer and the holder can be shared or delegated among the actors of the treatment chain.
Article 16
Principles of self-sufficiency and proximity
By way of derogation from Regulation (EC) No 1013/2006, Member States may, in order to protect their network, limit incoming shipments of waste destined to incinerators that are classified as recovery, where it has been established that such shipments would result in national waste having to be disposed of or waste having to be treated in a way that is not consistent with their waste management plans. Member States shall notify the Commission of any such decision. Member States may also limit outgoing shipments of waste on environmental grounds as set out in Regulation (EC) No 1013/2006.
Article 17
Control of hazardous waste
Member States shall take the necessary action to ensure that the production, collection and transportation of hazardous waste, as well as its storage and treatment, are carried out in conditions providing protection for the environment and human health in order to meet the provisions of Article 13, including action to ensure traceability from production to final destination and control of hazardous waste in order to meet the requirements of Articles 35 and 36.
Article 18
Ban on the mixing of hazardous waste
By way of derogation from paragraph 1, Member States may allow mixing provided that:
the mixing operation is carried out by an establishment or undertaking which has obtained a permit in accordance with Article 23;
the provisions of Article 13 are complied with and the adverse impact of the waste management on human health and the environment is not increased; and
the mixing operation conforms to best available techniques.
Where separation is not required pursuant to the first subparagraph of this paragraph, Member States shall ensure that the mixed waste is treated in a facility that has obtained a permit in accordance with Article 23 to treat such a mixture.
Article 19
Labelling of hazardous waste
Article 20
Hazardous waste produced by households
Article 21
Waste oils
Without prejudice to the obligations related to the management of hazardous waste laid down in Articles 18 and 19, Member States shall take the necessary measures to ensure that:
waste oils are collected separately, unless separate collection is not technically feasible taking into account good practices;
waste oils are treated, giving priority to regeneration or alternatively to other recycling operations delivering an equivalent or a better overall environmental outcome than regeneration, in accordance with Articles 4 and 13;
waste oils of different characteristics are not mixed and waste oils are not mixed with other kinds of waste or substances, if such mixing impedes their regeneration or another recycling operation delivering an equivalent or a better overall environmental outcome than regeneration.
Article 22
Bio-waste
Member States may allow waste with similar biodegradability and compostability properties which complies with relevant European standards or any equivalent national standards for packaging recoverable through composting and biodegradation, to be collected together with bio-waste.
Member States shall take measures in accordance with Articles 4 and 13, to:
encourage the recycling, including composting and digestion, of bio-waste in a way that fulfils a high level of environment protection and results in output which meets relevant high-quality standards;
encourage home composting; and
promote the use of materials produced from bio-waste.
CHAPTER IV
PERMITS AND REGISTRATIONS
Article 23
Issue of permits
Such permits shall specify at least the following:
the types and quantities of waste that may be treated;
for each type of operation permitted, the technical and any other requirements relevant to the site concerned;
the safety and precautionary measures to be taken;
the method to be used for each type of operation;
such monitoring and control operations as may be necessary;
such closure and after-care provisions as may be necessary.
Article 24
Exemptions from permit requirements
Member States may exempt from the requirement laid down in Article 23(1) establishments or undertakings for the following operations:
disposal of their own non-hazardous waste at the place of production; or
recovery of waste.
Article 25
Conditions for exemptions
Those rules shall be designed to ensure that waste is treated in accordance with Article 13. In the case of disposal operations referred to in point (a) of Article 24 those rules should consider best available techniques.
Article 26
Registration
Where the following are not subject to permit requirements, Member States shall ensure that the competent authority keeps a register of:
establishments or undertakings which collect or transport waste on a professional basis;
dealers or brokers; and
establishments or undertakings which are subject to exemptions from the permit requirements pursuant to Article 24.
Where possible, existing records held by the competent authority shall be used to obtain the relevant information for this registration process in order to reduce the administrative burden.
Article 27
Minimum standards
Such minimum standards shall:
be directed to the main environmental impacts of the waste treatment activity;
ensure that the waste is treated in accordance with Article 13;
take into account best available techniques; and
as appropriate, include elements regarding the quality of treatment and the process requirements.
CHAPTER V
PLANS AND PROGRAMMES
Article 28
Waste management plans
Those plans shall, alone or in combination, cover the entire geographical territory of the Member State concerned.
The waste management plans shall contain, as appropriate and taking into account the geographical level and coverage of the planning area, at least the following:
the type, quantity and source of waste generated within the territory, the waste likely to be shipped from or to the national territory, and an evaluation of the development of waste streams in the future;
existing major disposal and recovery installations, including any special arrangements for waste oils, hazardous waste, waste containing significant amounts of critical raw materials, or waste streams addressed by specific Union legislation;
an assessment of the need for closure of existing waste installations, and for additional waste installation infrastructure in accordance with Article 16.
Member States shall ensure that an assessment of the investments and other financial means, including for local authorities, required to meet those needs is carried out. This assessment shall be included in the relevant waste management plans or in other strategic documents covering the entire territory of the Member State concerned;
information on the measures to attain the objective laid down in Article 5(3a) of Directive 1999/31/EC or in other strategic documents covering the entire territory of the Member State concerned;
an assessment of existing waste collection schemes, including the material and territorial coverage of separate collection and measures to improve its operation, of any derogations granted in accordance with Article 10(3), and of the need for new collection schemes;
sufficient information on the location criteria for site identification and on the capacity of future disposal or major recovery installations, if necessary;
general waste management policies, including planned waste management technologies and methods, or policies for waste posing specific management problems;
measures to combat and prevent all forms of littering and to clean up all types of litter;
appropriate qualitative or quantitative indicators and targets, including on the quantity of generated waste and its treatment and on municipal waste that is disposed of or subject to energy recovery.
The waste management plan may contain, taking into account the geographical level and coverage of the planning area, the following:
organisational aspects related to waste management including a description of the allocation of responsibilities between public and private actors carrying out the waste management;
an evaluation of the usefulness and suitability of the use of economic and other instruments in tackling various waste problems, taking into account the need to maintain the smooth functioning of the internal market;
the use of awareness campaigns and information provision directed at the general public or at a specific set of consumers;
historical contaminated waste disposal sites and measures for their rehabilitation.
Article 29
Waste prevention programmes
Such programmes shall be integrated either into the waste management plans required under Article 28 or into other environmental policy programmes, as appropriate, or shall function as separate programmes. If any such programme is integrated into the waste management plan or into those other programmes, the waste prevention objectives and measures shall be clearly identified.
The aim of such objectives and measures shall be to break the link between economic growth and the environmental impacts associated with the generation of waste.
▼M4 —————
Article 30
Evaluation and review of plans and programmes
Article 31
Public participation
Member States shall ensure that relevant stakeholders and authorities and the general public have the opportunity to participate in the elaboration of the waste management plans and waste prevention programmes, and have access to them once elaborated, in accordance with Directive 2003/35/EC or, if relevant, Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment ( 9 ). They shall place the plans and programmes on a publicly available website.
Article 32
Cooperation
Member States shall cooperate as appropriate with the other Member States concerned and the Commission to draw up the waste management plans and the waste prevention programmes in accordance with Articles 28 and 29.
Article 33
Information to be submitted to the Commission
CHAPTER VI
INSPECTIONS AND RECORDS
Article 34
Inspections
Article 35
Record keeping
The establishments and undertakings referred to in Article 23(1), the producers of hazardous waste, and the establishments and undertakings which collect or transport hazardous waste on a professional basis, or act as dealers and brokers of hazardous waste, shall keep a chronological record of:
the quantity, nature and origin of that waste and the quantity of products and materials resulting from preparing for re-use, recycling or other recovery operations; and
where relevant, the destination, frequency of collection, mode of transport and treatment method foreseen in respect of the waste.
They shall make that data available to the competent authorities through the electronic registry or registries to be established pursuant to paragraph 4 of this Article.
Documentary evidence that the management operations have been carried out shall be supplied at the request of the competent authorities or of a previous holder.
Article 36
Enforcement and penalties
CHAPTER VII
FINAL PROVISIONS
Article 37
Reporting
They shall report the data electronically within 18 months of the end of the reporting year for which the data are collected. The data shall be reported in the format established by the Commission in accordance with paragraph 7 of this Article.
The first reporting period shall start in the first full calendar year after the adoption of the implementing act that establishes the format for reporting, in accordance with paragraph 7 of this Article.
For the purposes of verifying compliance with points (c), (d) and (e) of Article 11(2) and Article 11(3), Member States shall report the amount of waste prepared for re-use separately from the amount of waste recycled.
They shall report the data electronically within 18 months of the end of the reporting year for which the data are collected. The data shall be reported in the format established by the Commission in accordance with paragraph 7 of this Article.
The first reporting period shall start in the first full calendar year after the adoption of the implementing act that establishes the format for reporting, in accordance with paragraph 7 of this Article.
They shall report the data electronically within 18 months of the end of the reporting year for which the data are collected. The data shall be reported in the format established by the Commission in accordance with paragraph 7.
The first reporting period shall start in the first full calendar year after the adoption of the implementing act that establishes the format for reporting, in accordance with paragraph 7.
Article 38
Exchange of information and sharing of best practices, interpretation and adaptation to technical progress
The Commission shall organise a regular exchange of information and sharing of best practices among Member States, including, where appropriate, with regional and local authorities, on the practical implementation and enforcement of the requirements of this Directive, including on:
the application of the calculation rules set out in Article 11a and the development of measures and systems to trace municipal waste streams from sorting to recycling;
adequate governance, enforcement, cross-border cooperation;
innovation in the field of waste management;
national by-product and end-of-waste criteria, as referred to in Article 5(3) and in Article 6(3) and (4), facilitated by a Union-wide electronic register to be established by the Commission;
the economic instruments and other measures used in accordance with Article 4(3) in order to boost the achievement of the objectives laid down in that Article;
measures laid down in Article 8(1) and (2);
prevention and the setting up of systems which promote re-use activities and the extension of life span;
the implementation of the obligations with regard to separate collection;
the instruments and incentives towards achieving the targets laid down in points (c), (d) and (e) of Article 11(2).
The Commission shall make the results of the exchange of information and sharing of best practices publicly available.
The Commission shall develop guidelines on the definitions of municipal waste and backfilling.
The Commission is empowered to adopt delegated acts in accordance with Article 38a to amend this Directive by specifying the application of the formula for incineration facilities referred to in point R1 of Annex II. Local climatic conditions may be taken into account, such as the severity of the cold and the need for heating insofar as they influence the amounts of energy that can technically be used or produced in the form of electricity, heating, cooling or processing steam. Local conditions of the outermost regions as recognised in the third paragraph of Article 349 of the Treaty on the Functioning of the European Union and of the territories mentioned in Article 25 of the 1985 Act of Accession may also be taken into account.
Article 38a
Exercise of the delegation
Article 39
Committee procedure
Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.
Article 40
Transposition
When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
Article 41
Repeal and transitional provisions
Directives 75/439/EEC, 91/689/EEC and 2006/12/EC are hereby repealed with effect from 12 December 2010.
However, from 12 December 2008, the following shall apply:
Article 10(4) of Directive 75/439/EEC shall be replaced by the following:
Directive 91/689/EEC is hereby amended as follows:
Article 1(4) shall be replaced by the following:
For the purpose of this Directive “hazardous waste” means:
Article 9 shall be replaced by the following:
‘Article 9
The measures necessary for adapting the Annexes of this Directive to scientific and technical progress and for revising the list of wastes referred to in Article 1(4), designed to amend non-essential elements of this Directive, inter alia by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(4) of Directive 2006/12/EC.’;
Directive 2006/12/EC is hereby amended as follows:
Article 1(2) shall be replaced by the following:
Article 17 shall be replaced by the following:
‘Article 17
The measures necessary for adapting the Annexes to scientific and technical progress, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(4).’;
Article 18(4) shall be replaced by the following:
References to the repealed Directives shall be construed as references to this Directive and shall be read in accordance with the correlation table set out in Annex V.
Article 42
Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 43
Addressees
This Directive is addressed to the Member States.
ANNEX I
DISPOSAL OPERATIONS
D 1 Deposit into or on to land (e.g. landfill, etc.)
D 2 Land treatment (e.g. biodegradation of liquid or sludgy discards in soils, etc.)
D 3 Deep injection (e.g. injection of pumpable discards into wells, salt domes or naturally occurring repositories, etc.)
D 4 Surface impoundment (e.g. placement of liquid or sludgy discards into pits, ponds or lagoons, etc.)
D 5 Specially engineered landfill (e.g. placement into lined discrete cells which are capped and isolated from one another and the environment, etc.)
D 6 Release into a water body except seas/oceans
D 7 Release to seas/oceans including sea-bed insertion
D 8 Biological treatment not specified elsewhere in this Annex which results in final compounds or mixtures which are discarded by means of any of the operations numbered D 1 to D 12
D 9 Physico-chemical treatment not specified elsewhere in this Annex which results in final compounds or mixtures which are discarded by means of any of the operations numbered D 1 to D 12 (e.g. evaporation, drying, calcination, etc.)
D 10 Incineration on land
D 11 Incineration at sea ( *5 )
D 12 Permanent storage (e.g. emplacement of containers in a mine, etc.)
D 13 Blending or mixing prior to submission to any of the operations numbered D 1 to D 12 ( *6 )
D 14 Repackaging prior to submission to any of the operations numbered D 1 to D 13
D 15 Storage pending any of the operations numbered D 1 to D 14 (excluding temporary storage, pending collection, on the site where the waste is produced) ( *7 )
ANNEX II
RECOVERY OPERATIONS
R 1 Use principally as a fuel or other means to generate energy ( *8 )
R 2 Solvent reclamation/regeneration
R 3 Recycling/reclamation of organic substances which are not used as solvents (including composting and other biological transformation processes) ( *9 )
R 4 Recycling/reclamation of metals and metal compounds ( *10 )
R 5 Recycling/reclamation of other inorganic materials ( *11 )
R 6 Regeneration of acids or bases
R 7 Recovery of components used for pollution abatement
R 8 Recovery of components from catalysts
R 9 Oil re-refining or other reuses of oil
R 10 Land treatment resulting in benefit to agriculture or ecological improvement
R 11 Use of waste obtained from any of the operations numbered R 1 to R 10
R 12 Exchange of waste for submission to any of the operations numbered R 1 to R 11 ( *12 )
R 13 Storage of waste pending any of the operations numbered R 1 to R 12 (excluding temporary storage, pending collection, on the site where the waste is produced) ( *13 )
ANNEX III
PROPERTIES OF WASTE WHICH RENDER IT HAZARDOUS
|
‘Explosive:’ |
waste which is capable by chemical reaction of producing gas at such a temperature and pressure and at such a speed as to cause damage to the surroundings. Pyrotechnic waste, explosive organic peroxide waste and explosive self-reactive waste is included. When a waste contains one or more substances classified by one of the hazard class and category codes and hazard statement codes shown in Table 1, the waste shall be assessed for HP 1, where appropriate and proportionate, according to test methods. If the presence of a substance, a mixture or an article indicates that the waste is explosive, it shall be classified as hazardous by HP 1. Table 1: Hazard Class and Category Code(s) and Hazard statement Code(s) for waste constituents for the classification of wastes as hazardous by HP 1:
|
|
‘Oxidising:’ |
waste which may, generally by providing oxygen, cause or contribute to the combustion of other materials. When a waste contains one or more substances classified by one of the hazard class and category codes and hazard statement codes shown in Table 2, the waste shall be assessed for HP 2, where appropriate and proportionate, according to test methods. If the presence of a substance indicates that the waste is oxidising, it shall be classified as hazardous by HP 2. Table 2: Hazard Class and Category Code(s) and Hazard statement Code(s) for the classification of wastes as hazardous by HP 2:
|
|
‘Flammable:’ |
When a waste contains one or more substances classified by one of the following hazard class and category codes and hazard statement codes shown in Table 3, the waste shall be assessed, where appropriate and proportionate, according to test methods. If the presence of a substance indicates that the waste is flammable, it shall be classified as hazardous by HP 3. Table 3: Hazard Class and Category Code(s) and Hazard statement Code(s) for waste constituents for the classification of wastes as hazardous by HP 3:
|
|
‘Irritant — skin irritation and eye damage:’ |
waste which on application can cause skin irritation or damage to the eye. When a waste contains one or more substances in concentrations above the cut-off value, that are classified by one of the following hazard class and category codes and hazard statement codes and one or more of the following concentration limits is exceeded or equalled, the waste shall be classified as hazardous by HP 4. The cut-off value for consideration in an assessment for Skin corr. 1A (H314), Skin irrit. 2 (H315), Eye dam. 1 (H318) and Eye irrit. 2 (H319) is 1 %. If the sum of the concentrations of all substances classified as Skin corr. 1A (H314) exceeds or equals 1 %, the waste shall be classified as hazardous according to HP 4. If the sum of the concentrations of all substances classified as H318 exceeds or equals 10 %, the waste shall be classified as hazardous according to HP 4. If the sum of the concentrations of all substances classified H315 and H319 exceeds or equals 20 %, the waste shall be classified as hazardous according to HP 4. Note that wastes containing substances classified as H314 (Skin corr.1A, 1B or 1C) in amounts greater than or equal to 5 % will be classified as hazardous by HP 8. HP 4 will not apply if the waste is classified as HP 8. |
|
‘Specific Target Organ Toxicity (STOT)/Aspiration Toxicity:’ |
waste which can cause specific target organ toxicity either from a single or repeated exposure, or which cause acute toxic effects following aspiration. When a waste contains one or more substances classified by one or more of the following hazard class and category codes and hazard statement codes shown in Table 4, and one or more of the concentration limits in Table 4 is exceeded or equalled, the waste shall be classified as hazardous according to HP 5. When substances classified as STOT are present in a waste, an individual substance has to be present at or above the concentration limit for the waste to be classified as hazardous by HP 5. When a waste contains one or more substances classified as Asp. Tox. 1 and the sum of those substances exceeds or equals the concentration limit, the waste shall be classified as hazardous by HP 5 only where the overall kinematic viscosity (at 40 °C) does not exceed 20.5 mm2/s. ( 13 ) Table 4: Hazard Class and Category Code(s) and Hazard statement Code(s) for waste constituents and the corresponding concentration limits for the classification of wastes as hazardous by HP 5
|
|
‘Acute Toxicity:’ |
waste which can cause acute toxic effects following oral or dermal administration, or inhalation exposure. If the sum of the concentrations of all substances contained in a waste, classified with an acute toxic hazard class and category code and hazard statement code given in Table 5, exceeds or equals the threshold given in that table, the waste shall be classified as hazardous by HP 6. When more than one substance classified as acute toxic is present in a waste, the sum of the concentrations is required only for substances within the same hazard category. The following cut-off values shall apply for consideration in an assessment:
—
For Acute Tox. 1, 2 or 3 (H300, H310, H330, H301, H311, H331): 0.1 %;
—
For Acute Tox. 4 (H302, H312, H332): 1 %.
Table 5: Hazard Class and Category Code(s) and Hazard statement Code(s) for waste constituents and the corresponding concentration limits for the classification of wastes as hazardous by HP 6
|
|
‘Carcinogenic:’ |
waste which induces cancer or increases its incidence. When a waste contains a substance classified by one of the following hazard class and category codes and hazard statement codes and exceeds or equals one of the following concentration limits shown in Table 6, the waste shall be classified as hazardous by HP 7. When more than one substance classified as carcinogenic is present in a waste, an individual substance has to be present at or above the concentration limit for the waste to be classified as hazardous by HP 7. Table 6: Hazard Class and Category Code(s) and Hazard statement Code(s) for waste constituents and the corresponding concentration limits for the classification of wastes as hazardous by HP 7
|
|
‘Corrosive:’ |
waste which on application can cause skin corrosion. When a waste contains one or more substances classified as Skin corr.1A, 1B or 1C (H314) and the sum of their concentrations exceeds or equals 5 %, the waste shall be classified as hazardous by HP 8. The cut-off value for consideration in an assessment for Skin corr. 1A, 1B, 1C (H314) is 1.0 %. |
|
‘Infectious:’ |
waste containing viable micro-organisms or their toxins which are known or reliably believed to cause disease in man or other living organisms. The attribution of HP 9 shall be assessed by the rules laid down in reference documents or legislation in the Member States. |
|
‘Toxic for reproduction:’ |
waste which has adverse effects on sexual function and fertility in adult males and females, as well as developmental toxicity in the offspring. When a waste contains a substance classified by one of the following hazard class and category codes and hazard statement codes and exceeds or equals one of the following concentration limits shown in Table 7, the waste shall be classified hazardous according to HP 10. When more than one substance classified as toxic for reproduction is present in a waste, an individual substance has to be present at or above the concentration limit for the waste to be classified as hazardous by HP 10. Table 7: Hazard Class and Category Code(s) and Hazard statement Code(s) for waste constituents and the corresponding concentration limits for the classification of wastes as hazardous by HP 10
|
|
‘Mutagenic:’ |
waste which may cause a mutation, that is a permanent change in the amount or structure of the genetic material in a cell. When a waste contains a substance classified by one of the following hazard class and category codes and hazard statement codes and exceeds or equals one of the following concentration limits shown in Table 8, the waste shall be classified as hazardous according to HP 11. When more than one substance classified as mutagenic is present in a waste, an individual substance has to be present at or above the concentration limit for the waste to be classified as hazardous by HP 11. Table 8: Hazard Class and Category Code(s) and Hazard statement Code(s) for waste constituents and the corresponding concentration limits for the classification of wastes as hazardous by HP 11
|
|
‘Release of an acute toxic gas:’ |
waste which releases acute toxic gases (Acute Tox. 1, 2 or 3) in contact with water or an acid. When a waste contains a substance assigned to one of the following supplemental hazards EUH029, EUH031 and EUH032, it shall be classified as hazardous by HP 12 according to test methods or guidelines. |
|
‘Sensitising:’ |
waste which contains one or more substances known to cause sensitising effects to the skin or the respiratory organs. When a waste contains a substance classified as sensitising and is assigned to one of the hazard statement codes H317 or H334 and one individual substance equals or exceeds the concentration limit of 10 %, the waste shall be classified as hazardous by HP 13. |
|
‘Ecotoxic:’ |
waste which presents or may present immediate or delayed risks for one or more sectors of the environment. Waste which fulfils any of the following conditions shall be classified as hazardous by HP 14:
—
Waste which contains a substance classified as ozone depleting assigned the hazard statement code H420 in accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council (
14
) and the concentration of such a substance equals or exceeds the concentration limit of 0,1 %.
[c(H420) ≥ 0,1 %]
—
Waste which contains one or more substances classified as aquatic acute assigned the hazard statement code H400 in accordance with Regulation (EC) No 1272/2008 and the sum of the concentrations of those substances equals or exceeds the concentration limit of 25 %. A cut-off value of 0,1 % shall apply to such substances.
[Σ c (H400) ≥ 25 %]
—
Waste which contains one or more substances classified as aquatic chronic 1, 2 or 3 assigned to the hazard statement code(s) H410, H411 or H412 in accordance with Regulation (EC) No 1272/2008, and the sum of the concentrations of all substances classified as aquatic chronic 1 (H410) multiplied by 100 added to the sum of the concentrations of all substances classified as aquatic chronic 2 (H411) multiplied by 10 added to the sum of the concentrations of all substances classified as aquatic chronic 3 (H412) equals or exceeds the concentration limit of 25 %. A cut-off value of 0,1 % applies to substances classified as H410 and a cut-off value of 1 % applies to substances classified as H411 or H412.
[100 × Σc (H410) + 10 × Σc (H411) + Σc (H412) ≥ 25 %]
—
Waste which contains one or more substances classified as aquatic chronic 1, 2, 3 or 4 assigned the hazard statement code(s) H410, H411, H412 or H413 in accordance with Regulation (EC) No 1272/2008, and the sum of the concentrations of all substances classified as aquatic chronic equals or exceeds the concentration limit of 25 %. A cut-off value of 0,1 % applies to substances classified as H410 and a cut-off value of 1 % applies to substances classified as H411, H412 or H413.
[Σ c H410 + Σ c H411 + Σ c H412 + Σ c H413 ≥ 25 %]
Where: Σ = sum and c = concentrations of the substances. |
|
‘Waste capable of exhibiting a hazardous property listed above not directly displayed by the original waste’. |
When a waste contains one or more substances assigned to one of the hazard statements or supplemental hazards shown in Table 9, the waste shall be classified as hazardous by HP 15, unless the waste is in such a form that it will not under any circumstance exhibit explosive or potentially explosive properties. Table 9: Hazard statements and supplemental hazards for waste constituents for the classification of wastes as hazardous by HP 15
In addition, Member States may characterise a waste as hazardous by HP 15 based on other applicable criteria, such as an assessment of the leachate. ▼M3 ————— Test methods: The methods to be used are described in Commission Regulation (EC) No 440/2008 ( 15 ) and in other relevant CEN notes or other internationally recognised test methods and guidelines. |
||||||||||
ANNEX IV
EXAMPLES OF WASTE PREVENTION MEASURES REFERRED TO IN ARTICLE 29
Measures that can affect the framework conditions related to the generation of waste
1. The use of planning measures, or other economic instruments promoting the efficient use of resources.
2. The promotion of research and development into the area of achieving cleaner and less wasteful products and technologies and the dissemination and use of the results of such research and development.
3. The development of effective and meaningful indicators of the environmental pressures associated with the generation of waste aimed at contributing to the prevention of waste generation at all levels, from product comparisons at Community level through action by local authorities to national measures.
Measures that can affect the design and production and distribution phase
4. The promotion of eco-design (the systematic integration of environmental aspects into product design with the aim to improve the environmental performance of the product throughout its whole life cycle).
5. The provision of information on waste prevention techniques with a view to facilitating the implementation of best available techniques by industry.
6. Organise training of competent authorities as regards the insertion of waste prevention requirements in permits under this Directive and Directive 96/61/EC.
7. The inclusion of measures to prevent waste production at installations not falling under Directive 96/61/EC. Where appropriate, such measures could include waste prevention assessments or plans.
8. The use of awareness campaigns or the provision of financial, decision making or other support to businesses. Such measures are likely to be particularly effective where they are aimed at, and adapted to, small and medium sized enterprises and work through established business networks.
9. The use of voluntary agreements, consumer/producer panels or sectoral negotiations in order that the relevant businesses or industrial sectors set their own waste prevention plans or objectives or correct wasteful products or packaging.
10. The promotion of creditable environmental management systems, including EMAS and ISO 14001.
Measures that can affect the consumption and use phase
11. Economic instruments such as incentives for clean purchases or the institution of an obligatory payment by consumers for a given article or element of packaging that would otherwise be provided free of charge.
12. The use of awareness campaigns and information provision directed at the general public or a specific set of consumers.
13. The promotion of creditable eco-labels.
14. Agreements with industry, such as the use of product panels such as those being carried out within the framework of Integrated Product Policies or with retailers on the availability of waste prevention information and products with a lower environmental impact.
15. In the context of public and corporate procurement, the integration of environmental and waste prevention criteria into calls for tenders and contracts, in line with the Handbook on environmental public procurement published by the Commission on 29 October 2004.
16. The promotion of the reuse and/or repair of appropriate discarded products or of their components, notably through the use of educational, economic, logistic or other measures such as support to or establishment of accredited repair and reuse-centres and networks especially in densely populated regions.
ANNEX IVa
EXAMPLES OF ECONOMIC INSTRUMENTS AND OTHER MEASURES TO PROVIDE INCENTIVES FOR THE APPLICATION OF THE WASTE HIERARCHY REFERRED TO IN ARTICLE 4(3) ( 16 )
Charges and restrictions for the landfilling and incineration of waste which incentivise waste prevention and recycling, while keeping landfilling the least preferred waste management option;
‘Pay-as-you-throw’ schemes that charge waste producers on the basis of the actual amount of waste generated and provide incentives for separation at source of recyclable waste and for reduction of mixed waste;
Fiscal incentives for donation of products, in particular food;
Extended producer responsibility schemes for various types of waste and measures to increase their effectiveness, cost efficiency and governance;
Deposit-refund schemes and other measures to encourage efficient collection of used products and materials;
Sound planning of investments in waste management infrastructure, including through Union funds;
Sustainable public procurement to encourage better waste management and the use of recycled products and materials;
Phasing out of subsidies which are not consistent with the waste hierarchy;
Use of fiscal measures or other means to promote the uptake of products and materials that are prepared for re-use or recycled;
Support to research and innovation in advanced recycling technologies and remanufacturing;
Use of best available techniques for waste treatment;
Economic incentives for regional and local authorities, in particular to promote waste prevention and intensify separate collection schemes, while avoiding support to landfilling and incineration;
Public awareness campaigns, in particular on separate collection, waste prevention and litter reduction, and mainstreaming these issues in education and training;
Systems for coordination, including by digital means, between all competent public authorities involved in waste management;
Promoting continuous dialogue and cooperation between all stakeholders in waste management and encouraging voluntary agreements and company reporting on waste.
ANNEX IVb
IMPLEMENTATION PLAN TO BE SUBMITTED PURSUANT TO ARTICLE 11(3)
The implementation plan to be submitted pursuant to Article 11(3) shall contain the following:
assessment of the past, current and projected rates of recycling, landfilling and other treatment of municipal waste and the streams of which it is composed;
assessment of the implementation of waste management plans and waste prevention programmes in place pursuant to Articles 28 and 29;
reasons for which the Member State considers that it might not be able to attain the relevant target laid down in Article 11(2) within the deadline set therein and an assessment of the time extension necessary to meet that target;
measures necessary to attain the targets set out in Article 11(2) and (5) that are applicable to the Member State during the time extension, including appropriate economic instruments and other measures to provide incentives for the application of the waste hierarchy as set out in Article 4(1) and Annex IVa;
a timetable for the implementation of the measures identified in point 4, determination of the body competent for their implementation and an assessment of their individual contribution to attaining the targets applicable in the event of a time extension;
information on funding for waste management in line with the polluter-pays principle;
measures to improve data quality, as appropriate, with a view to better planning and monitoring performance in waste management.
ANNEX V
CORRELATION TABLE
|
Directive 2006/12/EC |
This Directive |
|
Article 1(1)(a) |
Article 3(1) |
|
Article 1(1)(b) |
Article 3(5) |
|
Article 1(1)(c) |
Article 3(6) |
|
Article 1(1)(d) |
Article 3(9) |
|
Article 1(1)(e) |
Article 3(19) |
|
Article 1(1)(f) |
Article 3(15) |
|
Article 1(1)(g) |
Article 3(10) |
|
Article 1(2) |
Article 7 |
|
Article 2(1) |
Article 2(1) |
|
Article 2(1)(a) |
Article 2(1)(a) |
|
Article 2(1)(b) |
Article 2(2) |
|
Article 2(1)(b)(i) |
Article 2(1)(d) |
|
Article 2(1)(b)(ii) |
Article 2(2)(d) |
|
Article 2(1)(b)(iii) |
Article 2(1)(f) and (2)(c) |
|
Article 2(1)(b)(iv) |
Article 2(2)(a) |
|
Article 2(1)(b)(v) |
Article 2(1)(e) |
|
Article 2(2) |
Article 2(4) |
|
Article 3(1) |
Article 4 |
|
Article 4(1) |
Article 13 |
|
Article 4(2) |
Article 36(1) |
|
Article 5 |
Article 16 |
|
Article 6 |
— |
|
Article 7 |
Article 28 |
|
Article 8 |
Article 15 |
|
Article 9 |
Article 23 |
|
Article 10 |
Article 23 |
|
Article 11 |
Articles 24 and 25 |
|
Article 12 |
Article 26 |
|
Article 13 |
Article 34 |
|
Article 14 |
Article 35 |
|
Article 15 |
Article 14 |
|
Article 16 |
Article 37 |
|
Article 17 |
Article 38 |
|
Article 18(1) |
Article 39(1) |
|
— |
Article 39(2) |
|
Article 18(2) |
— |
|
Article 18(3) |
Article 39(3) |
|
Article 19 |
Article 40 |
|
Article 20 |
— |
|
Article 21 |
Article 42 |
|
Article 22 |
Article 43 |
|
Annex I |
— |
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Annex IIA |
Annex I |
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Annex IIB |
Annex II |
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Directive 75/439/EEC |
This Directive |
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Article 1(1) |
Article 3(18) |
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Article 2 |
Articles 13 and 21 |
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Article 3(1) and (2) |
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Article 3(3) |
Article 13 |
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Article 4 |
Article 13 |
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Article 5(1) |
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Article 5(2) |
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Article 5(3) |
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Article 5(4) |
Articles 26 and 34 |
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Article 6 |
Article 23 |
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Article 7(a) |
Article 13 |
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Article 7(b) |
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Article 8(1) |
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Article 8(2)(a) |
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Article 8(2)(b) |
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Article 8(3) |
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Article 9 |
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Article 10(1) |
Article 18 |
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Article 10(2) |
Article 13 |
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Article 10(3) and (4) |
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Article 10(5) |
Articles 19, 21, 25, 34 and 35 |
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Article 11 |
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Article 12 |
Article 35 |
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Article 13(1) |
Article 34 |
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Article 13(2) |
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Article 14 |
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Article 15 |
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Article 16 |
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Article 17 |
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Article 18 |
Article 37 |
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Article 19 |
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Article 20 |
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Article 21 |
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Article 22 |
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Annex I |
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Directive 91/689/EEC |
This Directive |
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Article 1(1) |
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Article 1(2) |
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Article 1(3) |
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Article 1(4) |
Articles 3(2) and 7 |
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Article 1(5) |
Article 20 |
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Article 2(1) |
Article 23 |
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Article 2(2)-(4) |
Article 18 |
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Article 3 |
Articles 24, 25 and 26 |
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Article 4(1) |
Article 34(1) |
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Article 4(2)(3) |
Article 35 |
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Article 5(1) |
Article 19(1) |
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Article 5(2) |
Article 34(2) |
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Article 5(3) |
Article 19(2) |
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Article 6 |
Article 28 |
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Article 7 |
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Article 8 |
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Article 9 |
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Article 10 |
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Article 11 |
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Article 12 |
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Annexes I and II |
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Annex III |
Annex III |
( 1 ) OJ L 102, 11.4.2006, p. 15.
( 2 ) Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC (OJ L 229, 1.9.2009, p. 1).
( 3 ) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).
( 4 ) Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1).
( 5 ) 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).
( 6 ) 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).
( 7 ) 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).
( 8 ) 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).
( 9 ) OJ L 197, 21.7.2001, p. 30.
( 10 ) Regulation (EC) No 166/2006 of the European Parliament and of the Council of 18 January 2006 concerning the establishment of a European Pollutant Release and Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC (OJ L 33, 4.2.2006, p. 1).
( 11 ) OJ L 123, 12.5.2016, p. 1.
( 12 ) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
( *1 ) OJ L 114, 27.4.2006, p. 9.’;
( *2 ) OJ L 226, 6.9.2000, p. 3.
( *3 ) OJ L 114, 27.4.2006, p. 9.’;
( *4 ) OJ L 226, 6.9.2000, p. 3.’;
( *5 ) This operation is prohibited by EU legislation and international conventions.
( *6 ) If there is no other D code appropriate, this can include preliminary operations prior to disposal including pre-processing such as, inter alia, sorting, crushing, compacting, pelletising, drying, shredding, conditioning or separating prior to submission to any of the operations numbered D1 to D12.
( *7 ) Temporary storage means preliminary storage according to point (10) of Article 3.
( *8 ) This includes incineration facilities dedicated to the processing of municipal solid waste only where their energy efficiency is equal to or above:
using the following formula:
Energy efficiency = (Ep - (Ef + Ei))/(0,97 × (Ew + Ef))
In which:
This formula shall be applied in accordance with the reference document on Best Available Techniques for waste incineration.
The energy efficiency formula value will be multiplied by a climate correction factor (CCF) as shown below:
CCF for installations in operation and permitted in accordance with applicable Union legislation before 1 September 2015.
CCF = 1 if HDD >= 3 350
CCF = 1,25 if HDD <= 2 150
CCF = – (0,25/1 200 ) × HDD + 1,698 when 2 150 < HDD < 3 350
CCF for installations permitted after 31 August 2015 and for installations under 1 after 31 December 2029:
CCF = 1 if HDD >= 3 350
CCF = 1,12 if HDD <= 2 150
CCF = – (0,12/1 200 ) × HDD + 1,335 when 2 150 < HDD < 3 350
(The resulting value of CCF will be rounded at three decimal places).
The value of HDD (Heating Degree Days) should be taken as the average of annual HDD values for the incineration facility location, calculated for a period of 20 consecutive years before the year for which CCF is calculated. For the calculation of the value of HDD the following method established by Eurostat should be applied: HDD is equal to (18 °C – Tm) × d if Tm is lower than or equal to 15 °C (heating threshold) and is nil if Tm is greater than 15 °C; where Tm is the mean (Tmin + Tmax)/2 outdoor temperature over a period of d days. Calculations are to be executed on a daily basis (d = 1), added up to a year.
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( *9 ) This includes preparing for re-use, gasification and pyrolysis using the components as chemicals and recovery of organic materials in the form of backfilling.
( *10 ) This includes preparing for re-use.
( *11 ) This includes preparing for re-use, recycling of inorganic construction materials, recovery of inorganic materials in the form of backfilling, and soil cleaning resulting in recovery of the soil.
( *12 ) If there is no other R code appropriate, this can include preliminary operations prior to recovery including pre-processing such as, inter alia, dismantling, sorting, crushing, compacting, pelletising, drying, shredding, conditioning, repackaging, separating, blending or mixing prior to submission to any of the operations numbered R1 to R11.
( *13 ) Temporary storage means preliminary storage according to point (10) of Article 3.
( 13 ) The kinematic viscosity shall only be determined for fluids.
( 14 ) Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1).
( 15 ) ►C2 Commission Regulation (EC) No 440/2008 of 30 May 2008 laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (OJ L 142, 31.5.2008, p. 1). ◄
( 16 ) While these instruments and measures may provide incentives for waste prevention, which is the highest step in the waste hierarchy, a comprehensive list of more specific examples of waste prevention measures is set out in Annex IV.