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.)

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: (a) attaining an adjusted level of the recycling targets referred to in points (f) to (i) of Article 6(1) of Directive 94/62/EC by taking account of reusable packaging pursuant to Article 5(2) of that Directive; (b) taking account of repair for reuse of wooden packaging pursuant to Article 5(3) of Directive 94/62/EC; (c) compliance with the targets set in in points (f) to (i) of Article 6(1) of Directive 94/62/EC; (d) quality check and the measures taken pursuant to Article 6a(3) and (8) of Directive 94/62/EC.’;

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.’;

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.

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.

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: (a) The amount of recycled packaging waste shall be the amount of waste at the calculation point. The amount of packaging waste entering the recycling operation shall include targeted materials. It may include non-targeted materials only to the extent that their presence is permissible for the specific recycling operation. The calculation points applicable to certain packaging waste materials and certain recycling operations are specified in Annex II. (b) Where the measurement point relates to the output of a facility that sends packaging waste for recycling without further preliminary treatment, or to the input of a facility where packaging waste enters the recycling operation without further preliminary treatment, the amount of sorted packaging waste that is rejected by the recycling facility shall not be included in the amount of recycled packaging waste. (c) Where a facility carries out preliminary treatment prior to the calculation point in that facility, the waste removed during the preliminary treatment shall not be included in the amount of recycled packaging waste reported by that facility. (d) Where biodegradable packaging that is subject to aerobic or anaerobic treatment is included in the recycled amounts for the respective packaging material, the amount of biodegradable packaging in biodegradable waste shall be determined by performing regular composition analyses of the biodegradable waste entering those operations. Biodegradable packaging waste that is removed before, during or after the recycling operation shall not be included in the recycled amounts. (e) Where the humidity rate of packaging waste at the measurement point differs from that of packaging placed on the market, the amount of packaging at the measurement point shall be corrected in order to reflect the natural humidity rate of the packaging waste comparable to the humidity of equivalent packaging placed on the market. (f) The amount of recycled packaging waste shall exclude non-packaging materials collected together with the packaging waste, such as waste of the same material that does not originate from packaging, and residues from products that the packaging used to contain. (g) Where packaging waste generated in a given Member State has been mixed with other waste or waste from another country before the measurement point or the calculation point, the proportion of packaging waste originating from a given Member State shall be identified using appropriate methods, such as electronic registries and sampling surveys. Where such waste undergoes further preliminary treatment, the amount of non-targeted materials removed by that treatment shall be deducted taking into account the proportion and, where appropriate, the quality of waste materials coming from packaging waste originating from a given Member State. (h) Where packaging waste materials enter recovery operations whereby those materials are used principally as a fuel or other means to generate energy, the output of such operations that is subject to material recovery, such as the mineral fraction of incineration bottom ash or clinker resulting from co-incineration, shall not be included in the amount of packaging waste recycled, with the exception of metals separated and recycled after incineration of packaging waste. Metals incorporated in the mineral output of the co-incineration process of packaging waste shall not be reported as recycled. (i) Where packaging waste materials enter recovery operations whereby those materials are not principally used either as a fuel or other means to generate energy, or for material recovery, but result in output that includes recycled materials, fuels or backfilling materials in significant proportions, the amount of recycled waste shall be determined by a mass balance approach which results in taking account only of waste materials that are subject to recycling.

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.

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.

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.

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: (a) the surveys are carried out at regular, specified intervals, to adequately reflect the variation in the data to be surveyed; (b) the surveys are based on a representative sample of the population to which their results are applied.

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.’;

This Decision is addressed to the Member States.