(1)

Member States are to report the amount of landfilled municipal waste in order to demonstrate that the targets laid down in Directive 1999/31/EC are met. The rules for the calculation of those targets should ensure that the data provided by all Member States is valid and comparable.

(2)

In order to ensure that the calculation reflects the real extent of landfilling, the amount of waste reported as landfilled should include all municipal waste disposed in landfills referred to in point (b) and (c) of Article 5a(1) of Directive 1999/31/EC and no corrections for its moisture content should be made. In certain cases, treated municipal waste accepted and deposited in landfills, such as stabilised biodegradable municipal waste, contributes to ensuring compliance with the requirements laid down in point 5 of Annex I to Directive 1999/31/EC on measures to minimise nuisances and hazards arising from the landfill. Since such municipal waste is actually deposited in the landfill, it should be included in the amount of municipal waste reported as landfilled and should not be assigned to recovery operations.

(3)

As the landfill targets for municipal waste laid down in Directive 1999/31/EC concern the same waste stream as the recycling targets for municipal waste laid down in Directive 2008/98/EC of the European Parliament and of the Council (2), the calculation rules for municipal waste reported as landfilled should be consistent with the calculation rules for recycling of municipal waste set out in Directive 2008/98/EC and in Commission Implementing Decision (EU) 2019/1004 (3).

Therefore, in a situation where municipal waste is shipped from a Member State to another Member State or to a third country for the purpose of recycling or other recovery in accordance with Regulation (EC) No 1013/2006 of the European Parliament and of the Council (4), the amount of waste which is removed in the country of destination in the course of preliminary treatment before municipal waste enters the recycling operation and which is subsequently landfilled should be included in the amount of municipal waste reported as landfilled by the Member State where the municipal waste was collected.

(4)

In accordance with Article 5a(1)(c) of Directive 1999/31/EC, the amount of municipal waste that enters incineration disposal operations in order to be subsequently landfilled is to be reported as landfilled. In order to ensure that the amount of municipal waste reported as landfilled does not include fractions of municipal waste that are subject to incineration disposal operations but are not actually landfilled, materials originating from municipal waste which are subsequently recovered from the waste resulting from incineration disposal operations should be deducted from the input to incineration disposal operations.

(5)

Article 11a of Directive 2008/98/EC lays down a specific rule as regards the calculation of the amount of municipal waste that is prepared for re-use, which excludes all waste that is removed as a result of checking, cleaning and repairing operations to enable re-use without further sorting or pre-processing. Where such removed waste is subsequently landfilled, it should be included in the amount of municipal waste reported as landfilled in order to avoid that it is neither reported as prepared for re-use nor as landfilled and to ensure that the data on municipal waste is coherent and reflects the real extent of landfilling.

(6)

In accordance with Article 4(1) of Implementing Decision (EU) 2019/1004, waste removed during the recycling of municipal bio-waste is not to be included in the recycling rates for municipal waste. Where such removed waste is subsequently landfilled, it should be included in the amount of municipal waste reported as landfilled in order to avoid that it is neither reported as recycled nor as landfilled and to ensure that the data on municipal waste is coherent and reflects the real extent of landfilling.

(7)

In accordance with Article 5a(1)(d) of Directive 1999/31/EC, the amount of waste produced during recycling operations of municipal waste which is subsequently landfilled is not to be reported as landfilled. To ensure consistency with the calculation points for recycling of municipal waste established in Implementing Decision (EU) 2019/1004, it is necessary to specify that waste produced during recycling operations refers to waste produced in the course of reprocessing which takes place after those calculation points.

(8)

Member States are to report data on the implementation of paragraphs 2, 5 and 6 of Article 5 of Directive 1999/31/EC in the format established by the Commission. The data is to be accompanied by a quality check report. The format should ensure that the reported information provides a sufficient basis for verifying and monitoring the attainment of the targets set out in paragraphs 2, 5 and 6 of Article 5 of that Directive.

(9)

For the purpose of the reporting of data on the attainment of the landfill targets for biodegradable municipal waste laid down in Article 5(2) of Directive 1999/31/EC, Member States have been using the format established in Commission Decision 2000/738/EC (5). Since the provisions of that Decision related to the submission of reports on the implementation of Directive 1999/31/EC have become obsolete, that Decision should be repealed. In order to ensure continuity, transitional provisions should be adopted as regards the deadline for reporting of data concerning the implementation of Article 5(2) of Directive 1999/31/EC for reference years 2016 and 2017.

(10)

The rules for the calculation, verification and reporting of data concerning the implementation of paragraphs 5 and 6 of Article 5 of Directive 1999/31/EC are closely linked to the rules setting out the formats for the reporting of those data and of the data concerning the implementation of Article 5(2) of that Directive. In order to ensure coherence between those rules and facilitate the access to them, both sets of rules should be laid down in a single Decision.

(11)

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