Commission Implementing Decision (EU) 2019/1885 of 6 November 2019 laying down rules for the calculation, verification and reporting of data on landfill of municipal waste in accordance with Council Directive 1999/31/EC and repealing Commission Decision 2000/738/EC (notified under document C(2019) 7874)

For the purposes of this Decision, ‘amount’ means mass measured in tonnes.

1 The amount of municipal waste reported as landfilled shall include all municipal waste referred to in point (b) and (c) of Article 5a(1) of Directive 1999/31/EC that is deposited in landfills, including where depositing treated municipal waste in landfills ensures compliance with point 5 of Annex I to Directive 1999/31/EC. The amount of municipal waste reported as landfilled shall not be corrected by deducting its moisture content.

2 For the purpose of Article 5a(1)(b) of Directive 1999/31/EC, where municipal waste is shipped to another Member State or exported from the Union to a third country for the purpose of recycling or other recovery in accordance with Regulation (EC) No 1013/2006, the amount of waste which results from treatment operations carried out prior to recycling or other recovery, and which is subsequently landfilled or enters incineration disposal operations in order to be subsequently landfilled in the country of destination shall be included in the amount of municipal waste reported as landfilled by the Member State in which the municipal waste was collected.

3 For the purpose of 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 shall be the amount of municipal waste that enters facilities for incineration operations classified as D10 in accordance with Annex I to Directive 2008/98/EC after deduction of materials originating from municipal waste that are subsequently recovered from waste resulting from such incineration disposal operations. The amount of materials to be deducted shall be calculated by taking into account the share of municipal waste in all waste entering the facility and, where appropriate, the composition of wastes other than municipal waste entering the facility.

4 For the purpose of Article 5a(1)(d) of Directive 1999/31/EC, the following shall apply: (a) waste that results from checking, cleaning and repairing operations to prepare municipal waste for re-use and that is subsequently landfilled shall be included in the amount of municipal waste reported as landfilled. Member States may deduct from the amount of municipal waste reported as landfilled parts of products or of components of products that are removed during repairing operations to prepare municipal waste for re-use; (b) materials which are mechanically removed during or after aerobic or anaerobic treatment of municipal bio-waste and which are subsequently landfilled shall be included in the amount of municipal waste reported as landfilled; (c) waste produced during recycling operations of municipal waste shall be waste which is produced during recycling operations that municipal waste undergoes after the calculation point as defined in Articles 3 and 4 of Implementing Decision (EU) 2019/1004.

1 Member States shall report the data and submit the quality check report concerning the implementation of Article 5(2) of Directive 1999/31/EC in the format laid down in Annex I.

2 Member States shall report the data and submit the quality check report concerning the implementation of Article 5(5) and (6) of Directive 1999/31/EC in the format laid down in Annex II.

3 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.

Decision 2000/738/EC is repealed.

The data concerning the implementation of Article 5(2) of Directive 1999/31/EC for reference years 2016 and 2017 shall be reported to the Commission by 31 December 2019.

This Decision is addressed to the Member States.