Commission Implementing Decision (EU) 2019/1004 of 7 June 2019 laying down rules for the calculation, verification and reporting of data on waste in accordance with Directive 2008/98/EC of the European Parliament and of the Council and repealing Commission Implementing Decision C(2012) 2384 (notified under document C(2019) 4114) (Text with EEA relevance.)

For the purposes of this Decision, the following definitions shall apply: (a) ‘amount’ means mass measured in tonnes; (b) ‘targeted materials’ means municipal waste materials that are reprocessed in a given recycling operation into products, materials or substances that are not waste; (c) ‘non-targeted materials’ means waste materials that are not reprocessed in a given recycling operation into products, materials or substances that are not waste; (d) ‘preliminary treatment’ means any treatment operation that municipal waste materials undergo before submission to the recycling operation whereby these materials are reprocessed into products, materials or substances that are not waste. This includes checking, sorting and other preparatory operations to remove non-targeted materials and to ensure high-quality recycling; (e) ‘calculation point’ means the point where municipal waste materials enter the recycling operation whereby waste is reprocessed into products, materials or substances that are not waste or the point where waste materials cease to be waste as a result of a preparatory operation before being reprocessed; (f) ‘measurement point’ means the point where the mass of waste materials is measured with a view to determining the amount of waste at the calculation point; (g) ‘municipal bio-waste separated and recycled at source’ means municipal bio-waste that is recycled at the place where it is produced by the persons who produce it.

The amount of municipal waste prepared for reuse shall only include the products or the components of products that, following checking, cleaning or repairing operations, can be re-used without further sorting or pre-processing. The parts of those products or of those components of products that have been removed during repairing operations may be included in the amount of municipal waste prepared for re-use.

1 The amount of recycled municipal waste shall be the amount of municipal waste at the calculation point. The amount of municipal 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.

2 Calculation points applicable to certain waste materials and certain recycling operations are specified in Annex I.

3 Where municipal waste materials cease to be waste at the calculation points specified in Annex I, the amount of those materials shall be included in the amount of recycled municipal waste.

4 Where the measurement point relates to the output of a facility that sends municipal waste for recycling without further preliminary treatment, or to the input to a facility where municipal waste enters the recycling operation without further preliminary treatment, the amount of sorted municipal waste that is rejected by the recycling facility shall not be included in the amount of recycled municipal waste.

5 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 municipal waste reported by that facility.

6 Where municipal waste generated by 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 municipal 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 municipal waste originating from a given Member State.

7 Where municipal 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 municipal waste recycled with the exception of metals separated and recycled after incineration of municipal waste. Metals incorporated in the mineral output of the co-incineration process of municipal waste shall not be reported as recycled.

8 Where municipal waste materials enter recovery operations whereby those materials are not principally used either as 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.

1 The amount of recycled municipal bio-waste entering aerobic or anaerobic treatment shall only include materials that actually undergo aerobic or anaerobic treatment and shall exclude all materials, including biodegradable material, which are mechanically removed during or after the recycling operation.

2 As from 1 January 2027, Member States may count municipal bio-waste as recycled only if it is: (a) separately collected at source; (b) collected together with waste with similar biodegradability and compostability properties, in accordance with the second subparagraph of Article 22(1) of Directive 2008/98/EC; or (c) separated and recycled at source.

3 Member States shall apply the methodology laid down in Annex II to calculate the amount of municipal bio-waste separated and recycled at source.

4 The amount of municipal bio-waste separated and recycled at source determined pursuant to paragraph 3 shall be included both in the amount of municipal waste recycled and in the total amount of municipal waste generated.

1 The amount of recycled metals separated from incineration bottom ash shall only include metals contained in the metal concentrate that is separated from the raw incineration bottom ash originating from municipal waste, and shall not include other materials contained in the metal concentrate.

2 Member States shall apply the methodology laid down in Annex III to calculate the amount of recycled metals separated from incineration bottom ash originating from municipal waste.

1 Member States shall obtain data directly from establishments or undertakings managing waste, as appropriate.

2 Member States shall consider the use of electronic registries to record data on municipal waste.

3 Where data collection is based on surveys, those surveys shall fulfil the following minimum requirements: (a) they shall be carried out at regular, specified intervals, and shall adequately meet the variation in the data to be surveyed; (b) they shall be based on a representative sample of the population to which their results are applied.

1 Member States shall report the data and submit the quality check report concerning the implementation of points (a) and (b) of Article 11(2) of Directive 2008/98/EC in the format laid down in Annex IV. As regards the implementation of point (a) of Article 11(2) of Directive 2008/98/EC, Member States which report the data and submit the quality check report in the format laid down in Annex V shall be deemed to comply with the first subparagraph.

2 Member States shall report the data and submit the quality check report concerning the implementation of points (c) to (e) of Article 11(2) and Article 11(3) of Directive 2008/98/EC in the format laid down in Annex V.

3 Member States shall report the data and submit the quality check report on mineral or synthetic lubrication or industrial oils placed on the market and waste oils separately collected and treated in the format laid down in Annex VI.

4 The Commission shall publish the data reported by Member States unless as regards information included in the quality check reports a Member State provides a justified request to withhold the publication of certain data.

Implementing Decision C(2012)2384 is repealed. References to the repealed Implementing Decision shall be construed as references to Article 7(1) of this Decision.

Member States shall submit data to the Commission concerning the implementation of points (a) and (b) of Article 11(2) of Directive 2008/98/EC for reference year 2016 and, where applicable, for reference year 2017 by 30 September 2019. The data for reference year 2018 and, where applicable, for reference year 2019 shall be submitted within 18 months of the end of each reference year respectively. The data referred to in this Article shall be transmitted to the Commission by means of the interchange standard referred to in Article 5(4) of Decision 2011/753/EU.

This Decision is addressed to the Member States.