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Document 32019D0665
Commission Implementing Decision (EU) 2019/665 of 17 April 2019 amending Decision 2005/270/EC establishing the formats relating to the database system pursuant to European Parliament and Council Directive 94/62/EC on packaging and packaging waste (notified under document C(2019) 2805) (Text with EEA relevance.)
Commission Implementing Decision (EU) 2019/665 of 17 April 2019 amending Decision 2005/270/EC establishing the formats relating to the database system pursuant to European Parliament and Council Directive 94/62/EC on packaging and packaging waste (notified under document C(2019) 2805) (Text with EEA relevance.)
Commission Implementing Decision (EU) 2019/665 of 17 April 2019 amending Decision 2005/270/EC establishing the formats relating to the database system pursuant to European Parliament and Council Directive 94/62/EC on packaging and packaging waste (notified under document C(2019) 2805) (Text with EEA relevance.)
C/2019/2805
OJ L 112, 26.4.2019, p. 26–46
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
26.4.2019 |
EN |
Official Journal of the European Union |
L 112/26 |
COMMISSION IMPLEMENTING DECISION (EU) 2019/665
of 17 April 2019
amending Decision 2005/270/EC establishing the formats relating to the database system pursuant to European Parliament and Council Directive 94/62/EC on packaging and packaging waste
(notified under document C(2019) 2805)
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (1), and in particular Articles 5(4), 6a(9) and 12(3d) thereof,
Whereas:
(1) |
Directive 94/62/EC, as amended by Directive (EU) 2018/852 of the European Parliament and of the Council (2) lays down general calculation rules for the attainment of the packaging waste recycling targets for 2025 and 2030. It requires Member States to report to the Commission data on the implementation of the recycling targets for each calendar year in accordance with a format established by the Commission. |
(2) |
Commission Decision 2005/270/EC (3) should be amended to bring its provisions in line with the new rules in Directive 94/62/EC as regards the calculation of the attainment of the targets, laid down in Article 5(2) regarding the possibility to take account of reusable sales packaging, in Article 5(3) regarding wooden packaging repaired for reuse and in Article 6a, as well as the changes to Article 12 on reporting. |
(3) |
The calculation rules for the attainment of the packaging and packaging waste targets for 2025 and 2030 established in Article 6a(1) and (2) of Directive 94/62/EC clarify that only waste that enters a recycling operation or waste that has achieved end of waste status should be used for the calculation of the recycling target and, as a general rule, the measurement of waste should be at the input to the recycling operation. In order to ensure uniform application of the calculation rules and comparability of data, the calculation points for the main packaging materials and recycling operations should be specified. |
(4) |
With a view to ensuring harmonised reporting on metals separated after incineration of packaging waste and high quality recycling, it is necessary to establish a common methodology for the calculation of the amount of those metals. The methodology should take account only of the metal content of the materials that are separated from incineration bottom ash in order to be recycled into metals, and should ensure that only metals originating from the incineration of packaging waste are taken into account. |
(5) |
According to Article 6a(3) and (8) of Directive 94/62/EC the data calculated and reported must be underpinned by an effective system of quality control and traceability of packaging waste material streams. To that end, Member States should take measures to ensure high reliability and accuracy of the data gathered on generated and recycled packaging waste, in particular by collecting data directly from economic operators and by using electronic registries as referred to in Article 35(4) of Directive 2008/98/EC of the European Parliament and of the Council (4) and technical specifications applied to sorted waste. |
(6) |
The formats to be used by the Member States for reporting data in accordance with Article 12(3a) of Directive 94/62/EC should take account of the rules regarding the reporting on the recycling targets for packaging and on reusable packaging laid down in Directive 94/62/EC. |
(7) |
The formats for reporting on reusable packaging should take into account the information on reusable packaging placed on the market for the first time and on the number of rotations that packaging performs per year, which is essential to determine the share of reusable packaging compared to single use packaging. As reusable sales packaging may be taken into account in the context of the recycling targets, it is also appropriate to distinguish between reusable sales packaging and other reusable packaging. |
(8) |
The measures provided for in this Decision are in accordance with the opinion of the Committee established pursuant to Article 21 of Directive 94/62/EC, |
HAS ADOPTED THIS DECISION:
Article 1
Decision 2005/270/EC is amended as follows:
(1) |
Article 1 is replaced by the following: ‘Article 1 This Decision establishes the formats for reporting data pursuant to Article 12 of Directive 94/62/EC, as well as the rules for the calculation, verification and reporting of data pursuant to that Directive, as regards the following:
|
(2) |
Article 2 is amended as follows:
|
(3) |
Article 3 is amended as follows:
|
(4) |
Article 4 is amended as follows:
|
(5) |
Article 5 is amended as follows:
|
(6) |
Article 6 is replaced by the following: ‘Article 6 For the purposes of calculating and verifying attainment of the targets set in points (a) to (e) of Article 6(1) of Directive 94/62/EC, the provisions on recovery in Articles 3, 4 and 5 of this Decision shall apply mutatis mutandis to packaging waste incinerated at waste incineration plants with energy recovery.’; |
(7) |
the following Articles 6a to 6f are inserted: ‘Article 6a 1. For the purposes of attaining an adjusted level of the recycling targets set in points (f) to (i) of Article 6(1) of Directive 94/62/EC by taking into account the average share, in the preceding three years, of reusable sales packaging placed on the market for the first time and reused as part of a system to reuse packaging, as provided for in Article 5(2) of Directive 94/62/EC, the amount of reusable sales packaging which is discarded after its first rotation shall be deducted from the total amount of reusable sales packaging placed on the market for the first time in a given year. 2. The percentage points that may be subtracted from the recycling targets to determine the adjusted level referred to in Article 5(2) of Directive 94/62/EC shall be calculated as a simple average of the percentage points that represent the share of reusable sales packaging in each of the preceding three years. That share shall be calculated by dividing the amount of reusable sales packaging determined in accordance with this Article that is composed of the packaging material to which the recycling target applies, by the amount of all sales packaging composed of that packaging material and placed on the market for the first time in a given year. Article 6b 1. Where a Member State takes into account the amounts of wooden packaging that is repaired for reuse in the calculation of the targets laid down in point (f), point (g)(ii), point (h) and point (i)(ii) of Article 6(1) of Directive 94/62/EC, the amount of wooden packaging that is repaired for reuse shall be added to both the generated packaging waste and the recycled packaging waste. 2. The amount of wooden packaging that is repaired for reuse shall be established on the basis of the mass of the repaired wooden packaging units that are subsequently reused and shall exclude wooden packaging or components of wooden packaging that are directed to waste treatment operations. Article 6c 1. For the purposes of calculating and verifying compliance with the recycling targets set in points (f) to (i) of Article 6(1) of Directive 94/62/EC, the following shall apply:
2. For the purposes of calculating and verifying attainment of the recycling targets set in points (f) to (i) of Article 6(1) of Directive 94/62/EC, composite packaging and other packaging composed of more than one material shall be calculated and reported per material contained in the packaging. Member States may derogate from this requirement where a given material constitutes an insignificant part of the packaging unit, and in no case more than 5 % of the total mass of the packaging unit. Article 6d 1. For the purposes of calculating and verifying attainment of the targets set in points (f) to (i) of Article 6(1), of Directive 94/62/EC, the amount of recycled metals separated from incineration bottom ash shall be the mass of metals in the metal concentrate that is separated from raw incineration bottom ash originating from packaging waste, and shall not include other materials contained in the metal concentrate such as mineral adhesions or metals that do not originate from packaging waste. 2. The Member States shall apply the methodology laid out in Annex III for calculating the mass of recycled metals separated from incineration bottom ash. Article 6e For the purposes of calculating and verifying attainment of the targets set in points (a) to (e) of Article 6(1) of Directive 94/62/EC, Member States may apply the calculation rules laid down in Articles 6a to 6d. Article 6f 1. The Member States shall take appropriate measures to ensure the reliability and accuracy of data reported under this Decision. In particular, the amount of packaging waste generated shall be subject to verification and cross-checking, including by using data on the amount of packaging placed on the market, relevant data on waste and composition analyses of mixed municipal waste. Member States shall inform the Commission of such verification carried out and, where appropriate, of any significant inconsistencies identified and corrective measures planned or taken. 2. Member States shall obtain data directly from establishments or undertakings managing waste, as appropriate. 3. Member States shall consider the use of electronic registries. 4. Where data collection is based on surveys, including those underpinning sampling methodologies, those surveys shall be carried out to a minimum standard which shall include the following minimum requirements:
5. Estimates may be used for packaging materials occurring in small quantities and for those not mentioned in this Decision. Those estimates shall be based on the best information available and shall be described in the quality check reports accompanying the data on packaging waste generation and recycling.’; |
(8) |
Articles 7 and 8 are deleted; |
(9) |
Article 9 is amended as follows:
|
(10) |
the Annex is amended as set out in the Annex to this Decision. |
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 17 April 2019.
For the Commission
Karmenu VELLA
Member of the Commission
(1) OJ L 365, 31.12.1994, p. 10.
(2) Directive (EU) 2018/852 of the European Parliament and of the Council of 30 May 2018 amending Directive 94/62/EC on packaging and packaging waste (OJ L 150, 14.6.2018, p. 141).
(3) Commission Decision 2005/270/EC of 22 March 2005 establishing the formats relating to the database system pursuant to Directive 94/62/EC of the European Parliament and of the Council on packaging and packaging waste (OJ L 86, 5.4.2005, p. 6).
(4) 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).
ANNEX
The Annex to Decision 2005/270/EC is amended as follows:
(1) |
the title is replaced by ‘ANNEX I’; |
(2) |
tables 1, 2 and 3 are replaced by the following: ‘Table 1 Reporting on the recycling targets set in Article 6 of Directive 94/62/EC
Table 2 Format for reporting for the purposes of adjusting the recycling rates in accordance with Article 5(2) of Directive 94/62/EC
Table 3 Format for reporting on reusable packaging
|
(3) |
the following Annexes II, III and IV are added: ‘ANNEX II Calculation points referred to in Article 6c(1)(a)
ANNEX III Methodology for calculating the recycled metals separated after incineration of packaging waste
ANNEX IV Format for quality check I. Objectives of the report The objectives of the quality check report are as follows:
II. General information
III. Annual consumption of lightweight plastic carrier bags 1. Description of the parties involved in the data collection
2. Description of methods used … … 3. Accuracy of the data 3.1. Description of main issues affecting the accuracy of data on annual consumption of lightweight plastic carrier bags, including errors related to sampling, coverage, measurement, processing and non-response … … 3.2. Explanation of the scope and validity of surveys to collect data on the annual consumption of lightweight plastic carrier bags … … 3.3. Statistical surveys used regarding the annual consumption of lightweight plastic carrier bags
3.4. Differences from previous year's data Significant methodological changes in the calculation method for the current reference year, if any (please include in particular retrospective revisions, their nature and whether a break-flag is required for a certain year). … … IV. Reusable packaging 1. Parties involved in the data collection
2. Description of the application of the definition of reusable packaging in the national data collection system, including ensuring that reusable packaging placed on the market for the first time is reused as part of a system to reuse packaging and that all rotations of reusable packaging are captured … … 3. Methods to collect and aggregate the data for the different categories, type of packaging and systems to reuse packaging
4. Data verification
5. Accuracy of the data 5.1. Description of main issues affecting the accuracy of data on reusable packaging, including errors related to sampling, coverage, measurement, processing and non-response … … 5.2. Explanation of the scope and validity of surveys to collect data on reusable packaging … … 5.3. Statistical surveys used regarding reusable packaging
5.4. Differences from previous year's data Significant methodological changes in the calculation method for the current reference year, if any (please include in particular retrospective revisions, their nature and whether a break-flag is required for a certain year) … … V. Packaging waste 1. Description of the parties involved in the data collection
2. Description of methods used 2.1. Packaging waste generation 2.1.1. Methods for determining packaging waste generation (mark with a cross all the relevant cells)
Description of the verification methods concerning data on packaging waste generated in case data on packaging placed on the market is used … … 2.1.2. Explanation of the application of estimates in case data on packaging placed on the market is used (for instance, where data collection does not cover the whole market or in order to take account of free riders, private shipments in or out of the country or on-line sales) … … 2.1.3. Indication whether an estimate has been calculated and added (Yes/No) and if ‘Yes’ the added volume in % of the total
2.1.4. Description of the methodology and verification of data on packaging waste generated in case data on packaging waste is used, including (a) how non-packaging waste collected together with packaging waste as well as (b) packaging materials in other waste (mixed waste streams) are accounted for. … … 2.1.5. Description of the methodology to report on composite packaging, including where materials contained in composite packaging and representing less than 5 % of the mass of the packaging unit are not reported separately. … … 2.1.6. Verification of data on packaging waste generated
Additional details as regards the verification of data on packaging waste generated … … 2.2. Packaging waste management 2.2.1. Classifications of treatment operations Information on the classification used for treatment operations (if a standard classification is used such as the disposal operation or recovery operation codes established in Annexes I and II of Directive 2008/98/EC refer to its name or specify and describe all the relevant categories used). … … 2.2.2. Description of methods for determining packaging waste treatment (mark with a cross)
Additional information about the methods, including the combination of methods used … … 2.2.3. Measurement points for recycling applied by the Member State
Detailed description of the methodology to calculate the amount of non-target materials removed between the measurement and the calculation points, where applicable … … 2.2.4. Description of the methodology to determine per material the amount of recycled materials contained in composite packaging or of packaging composed of multiple materials, and information on any exemptions applied for materials constituting less than 5 % of the total mass of the packaging unit. … … 2.2.5. Use of Average Loss Rates (ALRs) Description of the sorted packaging waste to which ALRs are applied, types of sorting plants to which different ALRs apply, the methodological approach to calculating ALRs at such point(s), including the statistical accuracy of any surveys used, or the nature of any technical specifications.
2.2.6. Attribution of waste to packaging and non-packaging types and correction for humidity Description, where applicable, of the methodology to exclude non-packaging waste from the reported amount of recycled packaging waste and of the methodology to correct the amount of packaging waste at the measurement point in order to reflect the natural humidity rate of packaging (including by using relevant European standards). Aggregated data across facilities of a similar type is acceptable.
2.2.7. Attribution of waste to different Member States Description of the methodology to exclude waste originating from other countries, where applicable. Aggregated data across facilities of a similar type is acceptable.
2.2.8. Other recovery of waste Description of treatment of waste reported under the category of other recovery and the share of waste (%) subject to such treatment … … 2.2.9. Information on the relevance of temporary storage of packaging waste to the amounts of treated waste in a given year and any estimates of waste recycled in the current reference year following temporary storage in a previous reference year, and waste going to temporary storage in the current reference year … … 2.2.10. Verification of data on packaging waste recycling
2.2.11. Calculation of recycling of metals from incinerator bottom ash Detailed description of the method to collect data in order to calculate the amount of metals separated from incineration bottom ash in accordance with the Commission Implementing Act adopted in accordance with Article 37(7) of Directive 2008/98/EC
2.3. Accuracy of the data 2.3.1. Description of main issues affecting the accuracy of data on the generation and treatment of packaging waste, including errors related to sampling, coverage, measurement, processing and non-response … … 2.3.2. Explanation of the scope and validity of surveys to collect data on the generation and treatment of packaging waste … … 2.3.3. Statistical surveys used regarding packaging waste generation and treatment
2.3.4. Differences from previous year's data Significant methodological changes in the calculation method for the current reference year, if any (please include in particular retrospective revisions, their nature and whether a break-flag is required for a certain year) … … 2.3.5. Explanation detailing the causes of the tonnage difference (in relation to which waste streams, sectors or estimates have caused the difference, and what the underlying cause is) for any component of packaging waste generated and recycled which shows greater than a 10 % variation from the data submitted for the previous data year
VI. Traceability of waste and ensuring its treatment in conditions that are broadly equivalent of the requirements of EU environmental law 1. Detailed description of the system for quality control and traceability for packaging waste pursuant to Article 6a(3) and (8) of Directive 94/62/EC … … 2. Waste treated outside the Member State
3. Description of measures to ensure that, in accordance with Article 6a(8) of Directive 94/62/EC, the exporter can prove that the shipment of waste complies with the requirements of Regulation (EC) No 1013/2006 of the European Parliament and of the Council (9) and that the treatment of waste outside the Union took place in conditions that are broadly equivalent to the requirements of the relevant Union environmental law … … VII. Confidentiality Justification to withhold the publication of specific parts of this report: … … VIII. Main national websites, reference documents and publications … … |
(1) This includes incineration with energy recovery and the reprocessing of waste to be used as fuel or other means to generate energy.
(2) This excludes repair of wooden packaging, recycling and energy recovery and includes backfilling.
(3) Ferrous metals recycled after their separation from incineration bottom ash shall be reported separately and shall not be included in the row for reporting ferrous metals.
(4) Aluminium recycled after separation from incineration bottom ash shall be reported separately and shall not be included in the row for reporting aluminium.
(5) This means all reusable and single-use packaging comprising sales, transport and grouped packaging.
(6) This means reusable and single-use sales packaging.
(7) This means the number of rotations that reusable packaging completes in a given year.
(8) This means the number of rotations that reusable packaging completes in a given year multiplied by their mass.’;
(9) Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ L 190, 12.7.2006, p. 1).