# 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)

# (2011/753/EU)

THE EUROPEAN COMMISSION, Union, that waste should be taken into account when verifying compliance with the targets set in Article 11(2) of Directive 2008/98/EC.

Having regard to the Treaty on the Functioning of the European Union,

(6) A review of this Decision may be necessary, if measures are taken to reinforce the targets or targets for other waste streams are set.

Having regard to Directive 2008/98/EC of the European Parliament and of the Council Directives (1 November of 19 2008 on waste and repealing certain), and in particular (7) 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,

Whereas:

(1) In order to ensure an effective implementation of the targets set in Article 11(2) of Directive 2008/98/EC, it is appropriate to define rules on the application of those targets.

# Article 1

# Definitions

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 (3), 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.

(2) OJ L 332, 9.12.2002, p. 1.

(1) OJ L 312, 22.11.2008, p. 3.

(3) OJ L 226, 6.9.2000, p. 3.
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# Official Journal of the European Union

# 25.11.2011

# Article 2

# General requirements

For the purposes of verifying compliance with the targets set in Article 11(2) of Directive 2008/98/EC, the following rules shall apply:

# Article 3

# Municipal waste

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:

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. - (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.

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.

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. 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.

6. 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 Council (1), and in particular Article 49(2) thereof.

7. 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.

8. 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.

# Article 4

# Construction and demolition waste

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) OJ L 190, 12.7.2006, p. 1.
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# Official Journal of the European Union

# L 310/13

# Article 5

Reporting by Member States

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. 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.

# Article 6

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 18 November 2011.

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.

For the Commission

Janez POTOČNIK

Member of the Commission
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# ANNEX I

# METHODS FOR THE CALCULATION OF THE TARGET ON MUNICIPAL WASTE PURSUANT TO ARTICLE 3(3) OF THIS DECISION

|Option referred to in Article 3(1) of this Decision|Calculation method|Specific requirements for Member State implementation reports|
|---|---|---|
|Preparation for reuse and recycling of paper, metal, plastic and glass household waste|Calculation method 1|Member States shall use national data. Data from other waste reporting obligations can be used and adapted to national conditions. Member States shall submit, together with the data, a report explaining how the amounts generated and recycled have been calculated and how these amounts relate to the data on household waste to be reported under Regulation (EC) No 2150/2002.|
|Recycling rate of paper; metal; plastic and glass household waste; in %| | |
|Recycled amount of paper; metal; plastic and glass household waste|Total generated amount of paper; metal; plastic and glass household waste| |
|Preparation for reuse and recycling of paper, metal, plastic, glass household waste and other single types of household waste or similar waste|Calculation method 2|Member States shall use national data. Data from other waste reporting obligations can be used and adapted to national conditions. Member States shall submit, together with the data, a report explaining which materials are covered, from which activities they result by marking the relevant cells in the table in Annex II to this Decision and how the amounts generated and recycled have been calculated. Where a Member State includes home-composted waste in the calculation it shall explain how the amounts generated and recycled have been calculated. The report shall also explain how these amounts relate to the data on household waste and other economic activities to be reported under Regulation (EC) No 2150/2002.|
|Recycling rate of household and similar waste; in %| | |
|Recycled amount of paper; metal; plastic; glass waste and other single waste streams from households or similar waste stream|Total generated amount of paper; metal; plastic; glass waste and other single waste streams from households or similar waste| |
|Preparation for reuse and recycling of household waste|Calculation method 3|Member States shall use national data to report on the recycled amount of household waste. They shall submit, together with the data, a report explaining which materials are covered by marking the relevant cells in the table in Annex II to this Decision and how the amounts recycled have been calculated. The report shall also explain how these amounts relate to the data on household waste and other economic activities to be reported under Regulation (EC) No 2150/2002. The total amounts of household waste shall be taken from the data to be reported according to point 1.2 of Section 8 of Annex I to Regulation (EC) No 2150/2002. Waste of the following waste codes shall be excluded from the calculation: 08.1. - Discarded vehicles; 11-13 - Sludges and mineral wastes.|
| |Recycling rate of household waste in %| |
| |Recycled amount of household waste|Total household waste amounts excluding certain waste categories|
|Preparation for reuse and recycling of municipal waste|Calculation method 4|Member States shall rely on the statistical data on municipal waste reported annually to the Commission (Eurostat).|
|Recycling of municipal waste; in %| | |
| |Municipal waste recycled|Municipal waste generated|
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# ANNEX II

# MUNICIPAL WASTE MATERIALS AND RELEVANT SOURCES FOR CALCULATION METHODS 1, 2 AND 3 OF ANNEX I

|Waste materials|Waste code according to Decision 2000/532/EC| |Households|Small enterprises|Restaurants, canteens|Public areas|Others (please specify)|
|---|---|---|---|---|---|---|---|
|Paper and cardboard|20 01 01, 15 01 01| | | | | | |
|Metals|20 01 40, 15 01 04| | | | | | |
|Plastic|20 01 39, 15 01 02| | | | | | |
|Glass|20 01 02, 15 01 07| | | | | | |
|Biodegradable kitchen and canteen waste|20 01 08|Please indicate whether home-composted waste is included:| | | | | |
|Biodegradable garden and park waste|20 02 01|Please indicate whether home-composted waste is included:| | | | | |
|Non-biodegradable garden and park waste|20 02 02, 20 02 03| | | | | | |
|Wood|20 01 38, 15 01 03| | | | | | |
|Textiles|20 01 10, 20 01 11, 15 01 09| | | | | | |
|Batteries|20 01 34, 20 01 33*| | | | | | |
|Discarded equipment|20 01 21*, 20 01 23*, 20 01 35*, 20 01 36| | | | | | |
|Other municipal waste|20 03 01, 20 03 02, 20 03 07, 15 01 06| | | | | | |
|Municipal waste not mentioned above (please specify)| | | | | | | |
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# ANNEX III

# METHODS FOR THE CALCULATION OF THE TARGET FOR CONSTRUCTION AND DEMOLITION WASTE REFERRED TO IN ARTICLE 4(1) OF THIS DECISION

|Calculation method|Specific requirements for Member State implementation reports|
|---|---|
|Recovery rate of construction and demolition waste; in %|¼|
|Materially recovered amount of construction and demolition waste|Total amount of generated construction and demolition waste|

# (1)

Reporting on the materially recovered amounts of construction and demolition waste (numerator of the formula) shall include only the following codes of the Annex to Decision 2000/532/EC:

List of Waste, Chapter 17 – Construction and demolition waste:

17 01 01, 17 01 02, 17 01 03, 17 01 07, 17 02 01, 17 02 02, 17 02 03, 17 03 02, 17 04 01, 17 04 02, 17 04 03, 17 04 04, 17 04 05, 17 04 06, 17 04 07, 17 04 11, 17 05 08, 17 06 04, 17 08 02, 17 09 04

List of Waste, subchapter 19 12 – Waste from mechanical treatment of waste (for example sorting, crushing, compacting or pelletising), if it is generated from the treatment of construction and demolition waste:

19 12 01, 19 12 02, 19 12 03, 19 12 04, 19 12 05, 19 12 07, 19 12 09

Member States shall explain, in a report to be submitted together with the data, how double-counting of waste is avoided.

# (2)

Construction and demolition waste generation shall be reported according to Regulation (EC) No 2150/2002 (denominator of the formula) containing:

- (a) waste generated by Section F of the NACE Rev. 2 code as mentioned in Annex I, Section 8, item No 17 to that Regulation consisting of the following waste codes as defined in Annex I, Section 2 to that Regulation:
- - 06.1. – Metallic waste, ferrous
- 06.2. – Metallic waste, non-ferrous
- 06.3. – Metallic waste, mixed
- 07.1. – Glass waste
- 07.4. – Plastics
- 07.5. – Wood

(b) the total of the waste category (over all economic activities):

# (3)

Member States may alternatively report on the recycling and material recovery of construction and demolition waste based on their own reporting system. In this case they shall submit, together with the data, a report explaining which materials are covered, and how the data relates to the data on construction and demolition waste to be reported pursuant to Regulation (EC) No 2150/2002. If the data based on the reporting system of the Member State are more precise than the data provided according to that Regulation the compliance with the target shall be assessed based on the data from the Member State’s reporting system.
