(1)

Pursuant to Article 5(5) of Regulation (EU, Euratom) 2021/770, Member States should send to the Commission statistical data on the weight in kilograms of generated and recycled plastic packaging waste, as well as the calculation of the amount of the own resource based on non-recycled plastic packaging waste.

(2)

In order to limit the administrative burden, Member States should be able to transmit statistical data and the amount of the own resource in a single statement.

(3)

Data on plastic packaging waste generation and recycling constitute the basis for calculating the national contributions to the general budget of the Union. Therefore, it is necessary to reinforce the comparability, reliability and exhaustiveness of those data.

(4)

In order to guarantee the comparability, reliability and exhaustiveness of data between the Member States, it is appropriate to lay down detailed rules concerning the data to be contained in the statement to be provided to the Commission.

(5)

Directive 94/62/EC of the European Parliament and of the Council (3) allows for reporting placed-on-the-market data as generated packaging waste. However, this method of data reporting might lead to differently calculated amounts of waste across Member States, and therefore to less comparable data between Member States using the ‘placed-on-the-market approach’ and Member States using the ‘waste analysis approach’.

(6)

It is necessary to establish uniform conditions on data reporting so that all Member States report the information about plastic packaging waste in comparable terms, in order to ensure their equal treatment during the verification of the data and to clarify the applicable methodology for the purpose of the plastic own resource. Therefore, the calculations methodology set out in Commission Decision 2005/270/EC (4) should be further detailed.

(7)

When using the placed-on-the-market approach to estimate the amount of plastic packaging waste generated, placed-on-the-market data should be complemented with correction factors in order to cover for all plastic packaging waste generated in a Member State, to ensure the reliability and accuracy of the reported data.

(8)

The amount of plastic packaging waste generated should be determined with the two available approaches in order to have a sound estimate, calculated in a comparable way for all Member States.

(9)

In order to monitor changes to the data provided, it is essential that, when Member States revise a previous statement they indicate which data was changed and explain the reasons for the differences at the same time that the revised data is submitted.

(10)

In case differences with plastic packaging waste data reported pursuant to Directive 94/62/EC exist, Member States should also explain the reasons for the differences,

(1)

‘waste’ means waste as defined in Article 3(1) of Directive 2008/98/EC;

(2)

‘separately collected’ means the amount of waste collected through the separate collection as defined in Article 3(11) of Directive 2008/98/EC;

(3)

‘recycled’ means the amount of waste treated by recycling as defined in Article 3(17) of Directive 2008/98/EC;

(4)

‘plastic’ means plastic as defined in Article 3(1a) of Directive 94/62/EC;

(5)

‘packaging’ means packaging as defined in Article 3(1) of Directive 94/62/EC;

(6)

‘reusable packaging’ means reusable packaging as defined in Article 3(2a) of Directive 94/62/EC;

(7)

‘packaging waste’ means packaging waste as defined in Article 3(2) of Directive 94/62/EC;

(8)

‘calculation point’ means calculation point as defined in Article 2(1)(d) of and Annex II to Decision 2005/270/EC;

(9)

‘online marketplace’ means online marketplace as defined in Article 2(17) of Directive 2011/83/EU of the European Parliament and of the Council (5);

(10)

‘plastic packaging waste generated’ means the amount of plastic packaging, including plastic components of composite and other packaging, that becomes waste in a Member State in a calendar year, expressed in kilograms;

(11)

‘plastic packaging waste recycled’ means the amount of plastic packaging waste, including plastic components of composite and other packaging, at the calculation point of plastic, expressed in kilograms;

(12)

‘producer responsibility organisation’ means an organisation implementing extended producer responsibility obligations on behalf of producers of products;

(13)

‘placing on the market’ means any supply of a product for the first time for distribution, consumption or use on a Member State market in the course of a commercial activity, whether in return for payment or free of charge;

(14)

‘placed-on-the-market approach’ means a method to estimate plastic packaging waste generated based on placing on the market data from producer responsibility organisations and/or other sources; the data shall be complemented, where relevant and applicable, with the estimated amounts for the following:

(15)

‘waste analysis approach’ means a method to estimate the total annual amount of plastic packaging waste generated by combining the data of the separately collected (plastic) packaging waste with data on mixed municipal waste based on a waste composition analysis no older than four years, and with any other relevant data on waste, including industrial and commercial plastic packaging waste;

(16)

‘free-rider’ means a producer or distributor placing on the market plastic packaging or packaged products who does not report to a producer responsibility organisation or a public authority, nor otherwise taking financial responsibility or financial and organisational responsibility for the management of the plastic packaging waste; or reports a smaller amount than actually placed on the market;

(17)

‘de minimis’ means a minimum threshold that can be defined by the Member States, below which reporting is not required towards a producer responsibility organisation or a public authority;

(18)

‘self-complier’ means a producer taking financial responsibility or financial and organisational responsibility for the management of the plastic packaging waste, and therefore is not required to report towards a producer responsibility organisation;

(19)

‘after-placed-on-the-market exports’ means packaged products and/or packaging exported into another Member State or into a third country after having been placed on the market in one Member State;

(20)

‘online trade’ means trade in goods within the Union achieved by electronic means;

(21)

‘private imports’ means packaging of products imported by a natural person for own final use from another Member State from a brick-and-mortar store, or from a third country from a brick-and-mortar store or via an online marketplace;

(22)

‘private exports’ means packaging of products exported by a natural person for own final use to another Member State, or to a third country from a brick-and-mortar store;

(23)

‘reusable packaging placed on the market for the first time’ means the first supply of reusable packaging filled with a product for distribution, consumption or use on a Member State market in the course of a commercial activity.