(-1)

In view of the Union's dependence on the import of raw materials and the rapid depletion of a significant amount of natural resources in the short-term, it is a key challenge to reclaim as many resources as possible within the Union and to enhance the transition towards a circular economy.

(-1a)

Waste management needs to be transformed into sustainable material management. The revision of the Landfill Directive offers an opportunity to that end.

(1)

Waste management in the Union should be improved, with a view to protecting, preserving and improving the quality of the environment, protecting human health, ensuring prudent and rational utilisation of natural resources and promoting a more circular economy.

(1)

Waste management in the Union should be improved, with a view to protecting, preserving and improving the quality of the environment, protecting human health, ensuring prudent and rational utilisation of natural resources, promoting a more circular economy , increasing energy efficiency and reducing the Union's resource dependence

(1 a)

The circular economy should implement explicit provisions of the 7th Environment Action Programme, which calls for the development of non-toxic material cycles so that recycled waste can be used as a major and reliable source of raw material for the Union.

(2)

The targets laid down in Council Directive 1999/31/EC (14) setting landfill restrictions should be amended to make them better reflect the Union's ambition to move to a circular economy and make progress in the implementation of the Raw Materials Initiative (15) by reducing landfilling of waste destined for landfills for non-hazardous waste.

(2)

The targets laid down in Council Directive 1999/31/EC (14) setting landfill restrictions should be strengthened to make them better reflect the Union's ambition to move to a circular economy and make progress in the implementation of the Raw Materials Initiative (15) by gradually minimising landfilling of waste destined for landfills for non-hazardous waste. The Commission and Member States should ensure that this fits into an integrated policy which ensures a sound application of the waste hierarchy, enhances a shift towards prevention, reuse and recycling, and prevents a shift from landfilling towards incineration.

(4)

In order to ensure greater coherence in waste legislation, the definitions in Directives 1999/31/EC should be aligned to those of Directive 2008/98/EC of the European Parliament and of the Council (16).

(4)

In order to ensure greater coherence in waste legislation, the definitions in Directives 1999/31/EC should be aligned , where relevant, to those of Directive 2008/98/EC of the European Parliament and of the Council (16).

(5)

Clear environmental, economic and social benefits would be derived from further restricting landfilling, starting with waste streams that are subject to separate collection (e.g. plastics, metals, glass, paper, bio-waste). Technical, environmental or economical feasibility of recycling or other recovery of residual waste resulting from separately collected waste should be taken into account in the implementation of these landfill restrictions.

(5)

Clear environmental, economic and social benefits would be derived from further restricting landfilling, starting with waste streams that are subject to separate collection (e.g. plastics, metals, glass, paper, bio-waste), with the objective to accept only residual waste. Long-term investments in infrastructure and in research and innovation will play a crucial role in reducing the amount of residual waste from separately collected waste , the recycling or other recovery of which is not technically, environmentally or economically feasible at the present time.

(5a)

A political and societal incentive to restrict further landfilling as a sustainable way to handle natural resources within a circular economy should respect the waste management hierarchy laid down in Article 4 of Directive 2008/98/EC and strictly apply an approach where prevention takes priority and the precautionary principle is respected.

(6)

Biodegradable municipal waste accounts for a large proportion of municipal waste. Landfilling of untreated biodegradable waste poses significant negative enviornmental effects in terms of greenhouse gas emissions and pollution of surface water, groundwater, soil and air. While Directive 1999/31/EC already sets landfill diversion targets for biodegradable waste it is appropriate to put in place further restrictions on the landfilling of biodegradable waste by prohibiting the landfilling of biodegradable waste that has been separately collected in accordance with Article 22 of Directive 2008/98/EC.

(6)

Biodegradable municipal waste accounts for a large proportion of municipal waste. Landfilling of untreated biodegradable waste poses significant negative environmental effects in terms of greenhouse gas emissions and pollution of surface water, groundwater, soil and air. While Directive 1999/31/EC already sets landfill diversion targets for biodegradable waste it is appropriate to put in place further restrictions on the landfilling of biodegradable waste by prohibiting the landfilling of biodegradable waste to be separately collected in accordance with Article 22 of Directive 2008/98/EC.

(7)

Many Member States have not yet completely developed the necessary waste management infrastructure. The setting of landfill reduction targets will further facilitate separate collection, sorting and recycling of waste and avoid locking potentially recyclable materials at the bottom of the waste hierarchy.

(7)

Many Member States have not yet completely developed the necessary waste management infrastructure. The setting of clear and ambitious landfill reduction targets will further encourage investments to facilitate separate collection, sorting and recycling and avoid locking potentially recyclable materials at the lowest level of the waste hierarchy.

(8)

A progressive reduction of landfilling is necessary to prevent detrimental impacts on human health and the environment and to ensure that economically valuable waste materials are gradually and effectively recovered through proper waste management and in line with the waste hierarchy. This reduction should avoid the development of excessive capacity for the treatment of residual waste facilities , such as through energy recovery or low grade mechanical biological treatment of untreated municipal waste , as this could result in undermining the achievement of the Union's long-term preparation for reuse and recycling targets for municipal waste as laid down in Article 11 of Directive 2008/98/EC. Similarly, and to prevent detrimental impacts on human health and the environment, while Member States should take all necessary measures to ensure that only waste that has been subject to treatment is landfilled, compliance with such obligation should not lead to the creation of overcapacities for the treatment of residual municipal waste. In addition, in order to ensure consistency between the targets laid down in Article 11 of Directive 2008/98/EC and the landfill reduction target defined in Article 5 of this Directive and to ensure a coordinated planning of the infrastructures and investments needed to meet those targets, Member States which may obtain additional time for the attainment of the municipal waste recycling targets should also be given additional time to attain the landfill reduction target for 2030 as laid down in this Directive.

(8)

A progressive minimization of landfilling is necessary to prevent detrimental impacts on human health and the environment and to ensure that economically valuable waste materials are gradually and effectively recovered through proper waste management and in line with the waste hierarchy as laid down in Directive 2008/98/EC. This progressive minimization of landfilling will require major changes in waste management in many Member States. With improved statistics on waste collection and treatment and improved traceability of waste streams it should be possible to avoid the development of excessive capacity for the treatment of residual waste, such as through energy recovery, as this could result in undermining the achievement of the Union's long-term preparation for reuse and recycling targets for municipal waste as laid down in Article 11 of Directive 2008/98/EC. Similarly, and to prevent detrimental impacts on human health and the environment, while Member States should take all necessary measures to ensure that only waste that has been subject to treatment is landfilled, compliance with such an obligation should not lead to the creation of overcapacities for the treatment of residual municipal waste . In light of recent investments made in some Member States that led to overcapacities for energy recovery or the establishment of mechanical biological treatment, it is essential to give a clear signal to the waste operators and to Member States to avoid investments that are incompatible with the long-term targets set in the Landfill and Waste framework Directives. For those reasons, a limit on the incineration of municipal waste in line with the preparation for reuse and recycling targets in Article 11 of Directive 2008/98/EC and Article 5 of Directive 1999/31/EC could be considered. In addition, in order to ensure consistency between the targets laid down in Article 11 of Directive 2008/98/EC and the landfill reduction target defined in Article 5 of this Directive and to ensure a coordinated planning of the infrastructures and investments needed to meet those targets, Member States which may obtain additional time for the attainment of the municipal waste recycling targets should also be given additional time to attain the landfill reduction target for 2030 as laid down in this Directive.

(8a)

In order to help achieve the objectives of this Directive, and to boost the transition to a circular economy, the Commission should promote the coordination and exchange of information and best practices among Member States and different sectors of the economy. That exchange could be facilitated through communication platforms that could help raise awareness of new industrial solutions and allow for a better overview of available capacities and would contribute to connecting the waste industry and other sectors and to support industrial symbiosis.

(8b)

The Commission should promote the coordination and exchange of information and best practices among Member States, regional and, in particular, local authorities, involving all relevant civil society organizations, including the social partner and environmental and consumer organisations.

(8c)

To implement and enforce the objectives of this Directive in an adequate manner, it is necessary to ensure that the local authorities of the territories where landfills are located are recognised as relevant actors, as they suffer directly the consequences of landfilling. Consequently, public and democratic consultation should be ensured in the localities and supra-municipal areas where a landfill is going to be established in advance and appropriate compensation should be established for the local population.

(8d)

The Commission should guarantee that every landfill in the Union is audited in order to ensure the proper implementation of Union and national law.

(9)

In order to ensure better, timelier, and more uniform implementation of this Directive and anticipate implementation weaknesses, an early warning system should be established to detect shortcomings and allow taking action ahead of the deadlines for meeting the targets.

(9)

In order to ensure better, timelier, and more uniform implementation of this Directive and anticipate implementation weaknesses, an early warning system should be established to detect shortcomings and allow taking action ahead of the deadlines for meeting the targets and the exchange of best practices among the various stakeholders should be promoted .

(11)

Statistical data reported by Member States are essential for the Commission to assess compliance with waste legislation across the Member States. The quality, reliability and comparability of statistics should be improved by introducing a single entry point for all waste data, deleting obsolete reporting requirements, benchmarking national reporting methodologies and introducing a data quality check report. Reliable reporting of statistical data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among Member States. Therefore, when preparing the reports on compliance with the targets set out in Directive 1999/31/EC, Member States should be required to use the most recent methodology developed by the Commission and the national statistical offices of the Member States.

(11)

Data and information reported by Member States are essential for the Commission to assess compliance with waste legislation across the Member States. The quality, reliability and comparability of reported data should be improved by establishing a common methodology for collection and processing of data based on reliable sources and by introducing a single entry point for all waste data, deleting obsolete reporting requirements, benchmarking national reporting methodologies and introducing a data quality check report. Reliable reporting of statistical data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among Member States. Therefore, when preparing the reports on compliance with the targets set out in Directive 1999/31/EC, Member States should use the common methodology developed by the Commission in cooperation with the national statistical offices of the Member States and the national authorities responsible for waste management .

(12)

In order to supplement or amend Directive 1999/31/EC, in particular with the view to adapting its Annexes to scientific and technical progress, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of Article 16 . It is particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level . The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council . Any amendments to the Annexes should only be made in line with the principles laid down in this Directive. To this end, as regards Annex II, the Commission should take into account the general principles and general procedures for testing and acceptance criteria as set out in Annex II. Moreover, specific criteria and test methods and associated limit values should be set for each class of landfill, including if necessary specific types of landfill within each class, including underground storage. Proposals for the standardisation of control, sampling and analysis methods in relation to the Annexes should be considered for adoption by the Commission where appropriate within two years after the entry into force of this Directive.

(12)

In order to amend Directive 1999/31/EC, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission with regard to the adaptation of the Annexes to scientific and technical progress . It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level , and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically should have access to meetings of Commission expert groups dealing with the preparation of delegated acts . Any amendments to the Annexes should only be made in line with the principles laid down in this Directive. To this end, as regards Annex II, the Commission should take into account the general principles and general procedures for testing and acceptance criteria as set out in Annex II. Moreover, specific criteria and test methods and associated limit values should be set for each class of landfill, including if necessary specific types of landfill within each class, including underground storage. Where appropriate, proposals for the standardisation of control, sampling and analysis methods in relation to the Annexes should be considered for adoption by the Commission where appropriate within two years after the entry into force of this Directive.

(13)

In order to ensure uniform conditions for the implementation of Directive 1999/31/EC, implementing powers should be conferred on the Commission in respect of Articles 3(3), Annex I, paragraph 3.5 and Annex II, paragraph 5 . Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (17).

(13)

In order to ensure uniform conditions for the implementation of Directive 1999/31/EC, implementing powers should be conferred on the Commission with regard to the definition of deposit of non-hazardous waste, the method to be used for the determination of the permeability coefficient for landfills under certain conditions and, because the sampling of waste is able to pose serious problems with respect to representation and techniques due to the heterogeneous nature of different types of waste, the development of a European standard for the sampling of waste. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (17).

(16a)

The Commission and Member States should ensure the development of plans for the sustainable recovery and sustainable alternative usage of landfills and landfill-damaged areas.

(16b)

This Directive has been adopted taking into account the commitments set out in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making and it should be implemented and applied in accordance with the guidance contained in the same Agreement.

(-1)

(a)

the definitions of ‘waste’, ‘municipal waste’, ‘hazardous waste’, ‘waste producer’, ‘waste holder’, ‘waste management’, ‘separate collection’, ‘recovery’, ‘recycling’ and ‘disposal’ laid down in Article 3 of Directive 2008/98/EC of the European Parliament and of the Council (*1) shall apply;

(a)

the definitions of ‘waste’, ‘municipal waste’, ‘hazardous waste’, ‘ non-hazardous waste’, ‘ waste producer’, ‘waste holder’, ‘waste management’, ‘separate collection’, ‘recovery’, ‘recycling’ and ‘disposal’ laid down in Article 3 of Directive 2008/98/EC of the European Parliament and of the Council (*2) shall apply;

(aa)

the following point aa is inserted:

(ba)

point m is amended as follows:

(m)

‘biodegradable waste’ means any waste that is capable of undergoing anaerobic or aerobic decomposition, such as food and garden waste, and paper and paperboard ;

(1a)

(-a)

(f)

waste that has been separately collected pursuant to Article 11(1) and 22 of Directive 2008/98/EC.

(f)

waste that has been separately collected pursuant to Article 11(1), and Article 22 of Directive 2008/98/EC and packaging or packaging waste as defined in Article 3 of Directive 94/62/EC;

(a)

it uses appropriate economic instruments to provide incentives for the application of the waste hierarchy as referred to in Article 4(1) of Directive 2008/98/EC;

(b)

it demonstrates an efficient and effective use of Structural and Cohesion Funds through demonstrable long-term investments which aim at financing the development of the waste management infrastructures needed to meet the relevant targets.

(c)

it provides high quality statistics and generates clear forecasts of waste management capacities and of the distance to the targets specified in paragraph 5 of this Article, Articles 5 and 6 of Directive 94/62/EC and Article 11(2) of Directive 2008/98/EC;

(d)

it has set out waste prevention programmes as referred to in Article 29 of Directive 2008/98/EC.

(ca)

In Article 5, the following paragraph is added:

‘(ba)

examples of best practices that are used throughout the Union and that can provide guidance for progressing towards achieving the targets laid down in Article 5.’

(3a)

(3b)

‘(a)

only waste that has been subject to treatment is landfilled. This provision may not apply to inert waste for which treatment is not technically feasible, nor to any other waste for which such treatment does not contribute to the objectives of this Directive, as set out in Article 1, by reducing the quantity of the waste or the hazards to human health or the environment;’

(4)

in Article 6 (a) , the following sentence is added:

(4)

in Article 6 , point a, the following subparagraph is added:

(6a)

(6b)

6c.

(9a)

(9b)