2011/753/EU: Commission Decision of 18 November 2011 establishing rules and calculation methods for verifying compliance with the targets set in Article 11(2) of Directive 2008/98/EC of the European Parliament and of the Council (notified under document C(2011) 8165)

In addition to the definitions laid down in Article 3 of Directive 2008/98/EC, the following definitions shall apply for the purposes of this Decision: (1) ‘household waste’ means waste generated by households; (2) ‘similar waste’ means waste in nature and composition comparable to household waste, excluding production waste and waste from agriculture and forestry; (3) ‘municipal waste’ means household waste and similar waste; (4) ‘construction and demolition waste’ means waste corresponding to the waste codes in Chapter 17 of the Annex to Commission Decision 2000/532/EC , excluding hazardous waste and naturally occurring material as defined in Category 17 05 04; (5) ‘material recovery’ means any recovery operation, excluding energy recovery and the reprocessing into materials which are to be used as fuel; (6) ‘backfilling’ means a recovery operation where suitable waste is used for reclamation purposes in excavated areas or for engineering purposes in landscaping and where the waste is a substitute for non-waste materials.

For the purposes of verifying compliance with the targets set in Article 11(2) of Directive 2008/98/EC, the following rules shall apply: (1) Member States shall verify compliance with the targets set in Article 11(2) of Directive 2008/98/EC by calculating the weight of the waste streams which are generated and the waste streams which are prepared for reuse, recycled or have undergone other material recovery in 1 calendar year. (2) The weight of the waste prepared for reuse, recycled or materially recovered shall be determined by calculating the input waste used in the preparation for reuse or the final recycling or other final material recovery processes. A preparatory operation prior to the submission of the waste to a recovery or disposal operation is not a final recycling or other final material recovery operation. Where waste is collected separately or the output of a sorting plant is sent to recycling or other material recovery processes without significant losses, that waste may be considered the weight of the waste which is prepared for reuse, recycled or has undergone other material recovery. (3) The amount of waste prepared for reuse shall be included in the amount of recycled waste and shall not be reported separately. (4) Where waste is sent for preparation for reuse, recycling or other material recovery in another Member State, it may only be counted toward the targets of the Member State in which it has been collected. (5) Where waste is exported out of the Union for preparation for reuse, recycling or other material recovery, it shall be counted as prepared for reuse, recycled or having undergone other material recovery only where there is sound evidence showing compliance of the shipment with the provisions of Regulation (EC) No 1013/2006 of the European Parliament and of the Council , and in particular Article 49(2) thereof. (6) Where the target calculation is applied to the aerobic or anaerobic treatment of biodegradable waste, the input to the aerobic or anaerobic treatment may be counted as recycled where that treatment generates compost or digestate which, following any further necessary reprocessing, is used as a recycled product, material or substance for land treatment resulting in benefit to agriculture or ecological improvement.

1 For the purposes of verifying compliance with the target on municipal waste set in Article 11(2)(a) of Directive 2008/98/EC, Member States shall apply the target to one of the following: (a) the preparation for reuse and the recycling of paper, metal, plastic and glass household waste; (b) the preparation for reuse and the recycling of paper, metal, plastic, glass household waste and other single types of household waste or of similar waste from other origins; (c) the preparation for reuse and the recycling of household waste; (d) the preparation for reuse and the recycling of municipal waste.

2 The target applies to the total amount of waste of the waste streams in the option chosen by the Member State pursuant to paragraph 1 of this Article.

3 Member States shall apply the calculation method set out in Annex I to this Decision which corresponds to the option chosen by the Member State pursuant to paragraph 1.

4 Member States’ implementation reports on municipal waste shall comply with the specific requirements set out in Annexes I and II.

5 Member States shall inform the Commission of the option chosen pursuant to paragraph 1 of this Article in the first implementation report referred to in Article 37(1) of Directive 2008/98/EC.

6 A Member State may change the option until the submission of the implementation report covering the year 2020 provided that it can ensure consistency in the data reported.

1 For the calculation of the target set in Article 11(2)(b) of Directive 2008/98/EC with regard to construction and demolition waste, Member States shall apply the calculation method set out in Annex III to this Decision.

2 Member States’ implementation reports on construction and demolition waste shall comply with the specific requirements in Annex III.

3 The amount of waste used for backfilling operations shall be reported separately from the amount of waste prepared for reuse or recycled or used for other material recovery operations. The reprocessing of waste into materials that are to be used for backfilling operations is also to be reported as backfilling.

1 Member States shall report their progress to the Commission with regard to meeting the targets set in Article 11(2) of Directive 2008/98/EC by means of the implementation report referred to in Article 37 thereof.

2 Member States shall provide data in the implementation reports on the state of preparation for reuse, recycling and material recovery of the respective waste streams for either each year of the 3-year reporting period or for the years of the reporting periods laid down in Annex I, Section 5 to Regulation (EC) No 2150/2002.

3 In the implementation report covering the year 2020, Member States shall demonstrate compliance with the targets set in Article 11(2) of Directive 2008/98/EC for the amounts of the respective waste streams generated and recycled or recovered in the year 2020.

4 Member States shall transmit the data and metadata required by this Decision to the Commission in electronic form, by means of the interchange standard set up by Eurostat.

This Decision is addressed to the Member States.