Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (Text with EEA relevance)

CHAPTER I SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1

Subject matter and scope

This Directive lays down measures to protect the environment and human health by preventing or reducing the generation of waste, the adverse impacts of the generation and management of waste and by reducing overall impacts of resource use and improving the efficiency of such use, which are crucial for the transition to a circular economy and for guaranteeing the Union’s long-term competitiveness.

Article 2

Exclusions from the scope

• (a) gaseous effluents emitted into the atmosphere and carbon dioxide captured and transported for the purposes of geological storage and geologically stored in accordance with Directive 2009/31/EC of the European Parliament and of the Council ([^E0001]);

• (b) land (in situ) including unexcavated contaminated soil and buildings permanently connected with land;

• (c) uncontaminated soil and other naturally occurring material excavated in the course of construction activities where it is certain that the material will be used for the purposes of construction in its natural state on the site from which it was excavated;

• (d) radioactive waste;

• (e) decommissioned explosives;

• (f) faecal matter, if not covered by paragraph 2(b), straw and other natural non-hazardous agricultural or forestry material used in farming, forestry or for the production of energy from such biomass through processes or methods which do not harm the environment or endanger human health.

• (a) waste waters;

• (b) animal by-products including processed products covered by Regulation (EC) No 1774/2002, except those which are destined for incineration, landfilling or use in a biogas or composting plant;

• (c) carcasses of animals that have died other than by being slaughtered, including animals killed to eradicate epizootic diseases, and that are disposed of in accordance with Regulation (EC) No 1774/2002;

• (d) waste resulting from prospecting, extraction, treatment and storage of mineral resources and the working of quarries covered by Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries ([^E0002]);

• (e) substances that are destined for use as feed materials as defined in point (g) of Article 3(2) of Regulation (EC) No 767/2009 of the European Parliament and of the Council ([^E0003]) and that do not consist of or contain animal by-products.

Article 3

Definitions

For the purposes of this Directive, the following definitions shall apply:

• 1. ‘waste’ means any substance or object which the holder discards or intends or is required to discard;

• 1. ‘hazardous waste’ means waste which displays one or more of the hazardous properties listed in Annex III;

• 2a. ‘non-hazardous waste’ means waste which is not covered by point 2;

• 2b. ‘municipal waste’ means:
• (a) mixed waste and separately collected waste from households, including paper and cardboard, glass, metals, plastics, bio-waste, wood, textiles, packaging, waste electrical and electronic equipment, waste batteries and accumulators, and bulky waste, including mattresses and furniture;
• (b) mixed waste and separately collected waste from other sources, where such waste is similar in nature and composition to waste from households; Municipal waste does not include waste from production, agriculture, forestry, fishing, septic tanks and sewage network and treatment, including sewage sludge, end-of-life vehicles or construction and demolition waste. This definition is without prejudice to the allocation of responsibilities for waste management between public and private actors;

• 2c. ‘construction and demolition waste’ means waste generated by construction and demolition activities;

• 1. ‘waste oils’ means any mineral or synthetic lubrication or industrial oils which have become unfit for the use for which they were originally intended, such as used combustion engine oils and gearbox oils, lubricating oils, oils for turbines and hydraulic oils;

• 1. ‘bio-waste’ means biodegradable garden and park waste, food and kitchen waste from households, offices, restaurants, wholesale, canteens, caterers and retail premises and comparable waste from food processing plants;

• 4a. ‘food waste’ means all food as defined in Article 2 of Regulation (EC) No 178/2002 of the European Parliament and of the Council ([^E0004]) that has become waste;

• 4b. ‘producer of textile, textile-related or footwear products listed in Annex IVc’ means any manufacturer, importer or distributor or other natural or legal person, that, irrespective of the selling technique used, including by means of distance contracts as defined in Article 2, point (7), of Directive 2011/83/EU of the European Parliament and of the Council ([^E0005]), either:
• (a) is established in a Member State and manufactures textile, textile-related or footwear products listed in Annex IVc under its own name or trademark, or has them designed or manufactured and supplies them for the first time under its own name or trademark, within the territory of that Member State;
• (b) is established in a Member State and resells within the territory of that Member State, under its own name or trademark, textile, textile-related or footwear products listed in Annex IVc manufactured by other economic operators, on which the name, brand or trademark of such other economic operators does not appear;
• (c) is established in a Member State and supplies for the first time within the territory of that Member State on a professional basis, textile, textile-related or footwear products listed in Annex IVc from another Member State or from a third country; or
• (d) sells textile, textile-related or footwear products listed in Annex IVc by means of distance contracts directly to end-users, whether or not they are private households, in a Member State, and is established in another Member State or in a third country. ‘producer of textile, textile-related or footwear products listed in Annex IVc’ does not include manufacturers, importers or distributors or other natural or legal persons that supply used textile, textile-related or footwear products listed in Annex IVc assessed as fit for re-use, or textile, textile-related or footwear products listed in Annex IVc derived from those used or waste products or their parts on the market, or self-employed tailors producing customised products;

• 4c. ‘making available on the market’ means any supply of a textile, textile-related or footwear product listed in Annex IVc for distribution or use on the market of a Member State in the course of a commercial activity, whether in return for payment or free of charge;

• 4d. ‘producer responsibility organisation’ means a legal entity that financially, or financially and operationally, organises the fulfilment of extended producer responsibility obligations on behalf of producers;

• 4e. ‘online platform’ means online platform as defined in Article 3, point (i), of Regulation (EU) 2022/2065 of the European Parliament and of the Council ([^E0006]);

• 4f. ‘fulfilment service provider’ means fulfilment service provider as defined in Article 3, point (11), of Regulation (EU) 2019/1020 of the European Parliament and of the Council ([^E0007]);

• 4g. ‘consumer’ means any natural person acting for purposes which are outside their trade, business, craft or profession;

• 4h. ‘end user’ means end user as defined in Article 3, point (21), of Regulation (EU) 2019/1020;

• 4i. ‘social economy entity’ means a private law entity that provides goods or services and operates in accordance with the following principles:
• (a) the primacy of people as well as social or environmental purpose over profit;
• (b) the reinvestment of all or most of the profits and surpluses to further pursue their social or environmental purposes and carry out activities in the interest of their members or users or society at large; and
• (c) democratic or participatory governance;

• 4j. ‘unsold consumer product’ means unsold consumer product as defined in Article 2, point 37, of Regulation (EU) 2024/1781 of the European Parliament and of the Council ([^E0008]);

• 1. ‘waste producer’ means anyone whose activities produce waste (original waste producer) or anyone who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of this waste;

• 1. ‘waste holder’ means the waste producer or the natural or legal person who is in possession of the waste;

• 1. ‘dealer’ means any undertaking which acts in the role of principal to purchase and subsequently sell waste, including such dealers who do not take physical possession of the waste;

• 1. ‘broker’ means any undertaking arranging the recovery or disposal of waste on behalf of others, including such brokers who do not take physical possession of the waste;

• 1. ‘waste management’ means the collection, transport, recovery (including sorting), and disposal of waste, including the supervision of such operations and the after-care of disposal sites, and including actions taken as a dealer or broker;

• 1. ‘collection’ means the gathering of waste, including the preliminary sorting and preliminary storage of waste for the purposes of transport to a waste treatment facility;

• 1. ‘separate collection’ means the collection where a waste stream is kept separately by type and nature so as to facilitate a specific treatment;

• 1. ‘prevention’ means measures taken before a substance, material or product has become waste, that reduce:
• (a) the quantity of waste, including through the re-use of products or the extension of the life span of products;
• (b) the adverse impacts of the generated waste on the environment and human health; or
• (c) the content of hazardous substances in materials and products;

• 1. ‘re-use’ means any operation by which products or components that are not waste are used again for the same purpose for which they were conceived;

• 1. ‘treatment’ means recovery or disposal operations, including preparation prior to recovery or disposal;

• 1. ‘recovery’ means any operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy. Annex II sets out a non-exhaustive list of recovery operations;

• 15a. ‘material recovery’ means any recovery operation, other than energy recovery and the reprocessing into materials that are to be used as fuels or other means to generate energy. It includes, inter alia, preparing for re-use, recycling and backfilling;

• 1. ‘preparing for re-use’ means checking, cleaning or repairing recovery operations, by which products or components of products that have become waste are prepared so that they can be re-used without any other pre-processing;

• 1. ‘recycling’ means any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original or other purposes. It includes the reprocessing of organic material but does not include energy recovery and the reprocessing into materials that are to be used as fuels or for backfilling operations;

• 17a. ‘backfilling’ means any recovery operation where suitable non-hazardous waste is used for purposes of reclamation in excavated areas or for engineering purposes in landscaping. Waste used for backfilling must substitute non-waste materials, be suitable for the aforementioned purposes, and be limited to the amount strictly necessary to achieve those purposes;

• 1. ‘regeneration of waste oils’ means any recycling operation whereby base oils can be produced by refining waste oils, in particular by removing the contaminants, the oxidation products and the additives contained in such oils;

• 1. ‘disposal’ means any operation which is not recovery even where the operation has as a secondary consequence the reclamation of substances or energy. Annex I sets out a non-exhaustive list of disposal operations;

• 1. ‘best available techniques’ means best available techniques as defined in Article 2(11) of Directive 96/61/EC;

• 1. ‘extended producer responsibility scheme’ means a set of measures taken by Member States to ensure that producers of products bear financial responsibility or financial and organisational responsibility for the management of the waste stage of a product’s life cycle.

Article 4

Waste hierarchy

• (a) prevention;

• (b) preparing for re-use;

• (c) recycling;

• (d) other recovery, e.g. energy recovery; and

• (e) disposal.

Member States shall ensure that the development of waste legislation and policy is a fully transparent process, observing existing national rules about the consultation and involvement of citizens and stakeholders.

Member States shall take into account the general environmental protection principles of precaution and sustainability, technical feasibility and economic viability, protection of resources as well as the overall environmental, human health, economic and social impacts, in accordance with Articles 1 and 13.

Article 5

By-products

• (a) further use of the substance or object is certain;

• (b) the substance or object can be used directly without any further processing other than normal industrial practice;

• (c) the substance or object is produced as an integral part of a production process; and

• (d) further use is lawful, i.e. the substance or object fulfils all relevant product, environmental and health protection requirements for the specific use and will not lead to overall adverse environmental or human health impacts.

Those detailed criteria shall ensure a high level of protection of the environment and human health and facilitate the prudent and rational utilisation of natural resources.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2). When adopting those implementing acts, the Commission shall take as a starting point the most stringent and environmentally protective of any criteria adopted by Member States in accordance with paragraph 3 of this Article and shall prioritise replicable practices of industrial symbiosis in the development of the detailed criteria.

Member States shall notify the Commission of those detailed criteria in accordance with Directive (EU) 2015/1535 of the European Parliament and of the Council ([^E0009]) where so required by that Directive.

Article 6

End-of-waste status

• (a) the substance or object is to be used for specific purposes;

• (b) a market or demand exists for such a substance or object;

• (c) the substance or object fulfils the technical requirements for the specific purposes and meets the existing legislation and standards applicable to products; and

• (d) the use of the substance or object will not lead to overall adverse environmental or human health impacts.

Those detailed criteria shall ensure a high level of protection of the environment and human health and facilitate the prudent and rational utilisation of natural resources. They shall include:

• (a) permissible waste input material for the recovery operation;

• (b) allowed treatment processes and techniques;

• (c) quality criteria for end-of-waste materials resulting from the recovery operation in line with the applicable product standards, including limit values for pollutants where necessary;

• (d) requirements for management systems to demonstrate compliance with the end-of-waste criteria, including for quality control and self-monitoring, and accreditation, where appropriate; and

• (e) a requirement for a statement of conformity.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).

When adopting those implementing acts, the Commission shall take account of the relevant criteria established by Member States in accordance with paragraph 3 and shall take as a starting point the most stringent and environmentally protective of those criteria.

Member States shall notify the Commission of those criteria in accordance with Directive (EU) 2015/1535 where so required by that Directive.

Member States may make information about case-by-case decisions and about the results of verification by competent authorities publicly available by electronic means.

• (a) uses, for the first time, a material that has ceased to be waste and that has not been placed on the market; or

• (b) places a material on the market for the first time after it has ceased to be waste,

shall ensure that the material meets relevant requirements under the applicable chemical and product related legislation. The conditions laid down in paragraph 1 have to be met before the legislation on chemicals and products applies to the material that has ceased to be waste.

Article 7

List of waste

CHAPTER II GENERAL REQUIREMENTS

Article 8

Extended producer responsibility

Such measures may include an acceptance of returned products and of the waste that remains after those products have been used, as well as the subsequent management of the waste and financial responsibility for such activities. These measures may include the obligation to provide publicly available information as to the extent to which the product is re-usable and recyclable.

Where such measures include the establishment of extended producer responsibility schemes, the general minimum requirements laid down in Article 8a shall apply.

Member States may decide that producers of products that undertake financial or financial and organisational responsibilities for the management of the waste stage of a product’s life cycle of their own accord should apply some or all of the general minimum requirements laid down in Article 8a.

Such measures may encourage, inter alia, the development, production and marketing of products and components of products that are suitable for multiple use, that contain recycled materials, that are technically durable and easily reparable and that are, after having become waste, suitable for preparing for re-use and recycling in order to facilitate proper implementation of the waste hierarchy. The measures shall take into account the impact of products throughout their life cycle, the waste hierarchy and, where appropriate, the potential for multiple recycling.

The Commission shall publish guidelines, in consultation with Member States, on cross-border cooperation concerning extended producer responsibility schemes and on the modulation of financial contributions referred to in point (b) of Article 8a(4).

Where necessary to avoid distortion of the internal market, the Commission may adopt implementing acts in order to lay down criteria with a view to the uniform application of point (b) of Article 8a(4), but excluding any precise determination of the level of the contributions. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).

Article 8a

General minimum requirements for extended producer responsibility schemes

• (a) define in a clear way the roles and responsibilities of all relevant actors involved, including producers of products placing products on the market of the Member State, organisations implementing extended producer responsibility obligations on their behalf, private or public waste operators, local authorities and, where appropriate, re-use and preparing for re-use operators and social economy enterprises;

• (b) in line with the waste hierarchy, set waste management targets, aiming to attain at least the quantitative targets relevant for the extended producer responsibility scheme as laid down in this Directive, Directive 94/62/EC, Directive 2000/53/EC, Directive 2006/66/EC and Directive 2012/19/EU of the European Parliament and of the Council ([^E0010]), and set other quantitative targets and/or qualitative objectives that are considered relevant for the extended producer responsibility scheme;

• (c) ensure that a reporting system is in place to gather data on the products placed on the market of the Member State by the producers of products subject to extended producer responsibility and data on the collection and treatment of waste resulting from those products specifying, where appropriate, the waste material flows, as well as other data relevant for the purposes of point (b);

• (d) ensure equal treatment of producers of products regardless of their origin or size, without placing a disproportionate regulatory burden on producers, including small and medium-sized enterprises, of small quantities of products.

• (a) has a clearly defined geographical, product and material coverage without limiting those areas to those where the collection and management of waste are the most profitable;

• (b) provides an appropriate availability of waste collection systems within the areas referred to in point (a);

• (c) has the necessary financial means or financial and organisational means to meet its extended producer responsibility obligations;

• (d) puts in place an adequate self-control mechanism, supported, where relevant, by regular independent audits, to appraise:
• (i) its financial management, including compliance with the requirements laid down in points (a) and (b) of paragraph 4;
• (ii) the quality of data collected and reported in accordance with point (c) of paragraph 1 of this Article and with the requirements of Regulation (EC) No 1013/2006;

• (e) makes publicly available information about the attainment of the waste management targets referred to in point (b) of paragraph 1, and, in the case of collective fulfilment of extended producer responsibility obligations, also information about:
• (i) its ownership and membership;
• (ii) the financial contributions paid by producers of products per unit sold or per tonne of product placed on the market; and
• (iii) the selection procedure for waste management operators.

• (a) cover the following costs for the products that the producer puts on the market in the Member State concerned:
• — costs of separate collection of waste and its subsequent transport and treatment, including treatment necessary to meet the Union waste management targets, and costs necessary to meet other targets and objectives as referred to in point (b) of paragraph 1, taking into account the revenues from re-use, from sales of secondary raw material from its products and from unclaimed deposit fees,
• — costs of providing adequate information to waste holders in accordance with paragraph 2,
• — costs of data gathering and reporting in accordance with point (c) of paragraph 1. This point shall not apply to extended producer responsibility schemes established pursuant to Directive 2000/53/EC, 2006/66/EC or 2012/19/EU;

• (b) in the case of collective fulfilment of extended producer responsibility obligations, are modulated, where possible, for individual products or groups of similar products, notably by taking into account their durability, reparability, re-usability and recyclability and the presence of hazardous substances, thereby taking a life-cycle approach and aligned with the requirements set by relevant Union law, and where available, based on harmonised criteria in order to ensure a smooth functioning of the internal market; and

• (c) do not exceed the costs that are necessary to provide waste management services in a cost-efficient way. Such costs shall be established in a transparent way between the actors concerned.

Where justified by the need to ensure proper waste management and the economic viability of the extended producer responsibility scheme, Member States may depart from the division of financial responsibility as laid down in point (a), provided that:

• (i) in the case of extended producer responsibility schemes established to attain waste management targets and objectives established under legislative acts of the Union, the producers of products bear at least 80 % of the necessary costs;

• (ii) in the case of extended producer responsibility schemes established on or after 4 July 2018 to attain waste management targets and objectives solely established in Member State legislation, the producers of products bear at least 80 % of the necessary costs;

• (iii) in the case of extended producer responsibility schemes established before 4 July 2018 to attain waste management targets and objectives solely established in Member State legislation, the producers of products bear at least 50 % of the necessary costs,

and provided that the remaining costs are borne by original waste producers or distributors.

This derogation may not be used to lower the proportion of costs borne by producers of products under extended producer responsibility schemes established before 4 July 2018.

Where, in the territory of a Member State, multiple organisations implement extended producer responsibility obligations on behalf of producers of products, the Member State concerned shall appoint at least one body independent of private interests or entrust a public authority to oversee the implementation of extended producer responsibility obligations.

Each Member State shall allow the producers of products established in another Member State and placing products on its territory to appoint a legal or natural person established on its territory as an authorised representative for the purposes of fulfilling the obligations of a producer related to extended producer responsibility schemes on its territory.

For the purposes of monitoring and verifying compliance with the obligations of the producer of the product in relation to extended producer responsibility schemes, Member States may lay down requirements, such as registration, information and reporting requirements, to be met by a legal or natural person to be appointed as an authorised representative on their territory.

For batteries, as defined in Article 3(1), point (1), of Regulation (EU) 2023/1542 of the European Parliament and of the Council ([^E0011]), Member States shall take measures to ensure that extended producer responsibility schemes that have been established before 4 July 2018, comply with this Article by 18 August 2025.

Article 9

Prevention of waste

• (a) promote and support sustainable production and consumption models;

• (b) encourage the design, manufacturing and use of products that are resource-efficient, durable (including in terms of life span and absence of planned obsolescence), reparable, re-usable and upgradable;

• (c) target products containing critical raw materials to prevent that those materials become waste;

• (d) encourage the re-use of products and the setting up of systems promoting repair and re-use activities, including in particular for electrical and electronic equipment, textiles and furniture, as well as packaging and construction materials and products;

• (e) encourage, as appropriate and without prejudice to intellectual property rights, the availability of spare parts, instruction manuals, technical information, or other instruments, equipment or software enabling the repair and re-use of products without compromising their quality and safety;

• (f) reduce waste generation in processes related to industrial production, extraction of minerals, manufacturing, construction and demolition, taking into account best available techniques;

• (i) promote the reduction of the content of hazardous substances in materials and products, without prejudice to harmonised legal requirements concerning those materials and products laid down at Union level, and ensure that any supplier of an article as defined in point 33 of Article 3 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council ([^E0012]) provides the information pursuant to Article 33(1) of that Regulation to the European Chemicals Agency as from 5 January 2021;

• (j) reduce the generation of waste, in particular waste that is not suitable for preparing for re-use or recycling;

• (k) identify products that are the main sources of littering, notably in natural and marine environments, and take appropriate measures to prevent and reduce litter from such products; where Member States decide to implement this obligation through market restrictions, they shall ensure that such restrictions are proportionate and non-discriminatory;

• (l) aim to halt the generation of marine litter as a contribution towards the United Nations Sustainable Development Goal to prevent and significantly reduce marine pollution of all kinds; and

• (m) develop and support information campaigns to raise awareness about waste prevention and littering.

Article 9a

Prevention of food waste generation

• (a) developing and supporting behavioural change interventions to reduce food waste, and information campaigns to raise awareness about food waste prevention;

• (b) identifying and addressing inefficiencies in the functioning of the food supply chain and supporting cooperation amongst all actors, while ensuring a fair distribution of costs and benefits of prevention measures, which may include tackling market practices that cause food waste and supporting the marketing and use of products for which a derogation from Article 76 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council ([^E0013]) was granted pursuant to paragraph 4 of that Article, only under the conditions, if any, subject to which such a derogation was granted;

• (c) encouraging food donation and other redistribution for human consumption, ensuring the prioritisation of human use over animal feed and the reprocessing into non-food products;

• (d) supporting training and skills development as well as facilitating access to funding opportunities, in particular for small and medium-sized enterprises and social economy entities;

• (e) encouraging and promoting innovation and technological solutions which contribute to the prevention of food waste, without prejudice to Regulation (EU) 2025/40 of the European Parliament and of the Council ([^E0014]), and in particular Article 6 thereof.

Member States shall ensure that all relevant actors in the food supply chain are involved proportionately to their capacity and role in preventing the generation of food waste along that supply chain, with a specific focus on preventing a disproportionate impact on small and medium-sized enterprises. Member States shall, after consulting with food banks and other food redistribution organisations, take measures, where appropriate, on the basis of any existing national food donation system, to ensure that economic operators identified by Member States as having a significant role in the prevention and generation of food waste, propose donation agreements to food banks and to other food redistribution organisations so as to facilitate the donation of unsold food that is safe for human consumption, and at a reasonable cost to economic operators.

• (a) reduction of the generation of food waste in processing and manufacturing by 10 % in comparison to the amount of food waste generated as an annual average between 2021 and 2023;

• (b) reduction of the generation of food waste per capita, jointly in retail and other distribution of food, in restaurants and food services and in households, by 30 % in comparison to the amount of food waste generated as an annual average between 2021 and 2023.

The review referred to in the first subparagraph shall include:

• (a) an assessment of the extent and causes of food waste and losses in primary production and an identification and an assessment of feasibility of appropriate levers to reduce such waste and losses;

• (b) an assessment of the possibility to introduce legally binding targets with respect to paragraph 4, points (a) and (b), to be reached by 2035; and

• (c) an assessment of the impact of changes in production levels on the achievability of food waste reduction target with respect to paragraph 4, point (a).

The Commission shall submit a report to the European Parliament and to the Council, accompanied, if appropriate, by a legislative proposal.

Article 10

Recovery

• (a) collecting certain types of waste together does not affect their potential to undergo preparing for re-use, recycling or other recovery operations in accordance with Article 4 and results in output from those operations which is of comparable quality to that achieved through separate collection;

• (b) separate collection does not deliver the best environmental outcome when considering the overall environmental impacts of the management of the relevant waste streams;

• (c) separate collection is not technically feasible taking into consideration good practices in waste collection;

• (d) separate collection would entail disproportionate economic costs taking into account the costs of adverse environmental and health impacts of mixed waste collection and treatment, the potential for efficiency improvements in waste collection and treatment, revenues from sales of secondary raw materials as well as the application of the polluter-pays principle and extended producer responsibility.

Member States shall regularly review derogations under this paragraph taking into account good practices in separate collection of waste and other developments in waste management.

Article 11

Preparing for re-use and recycling

Member States shall take measures to promote high-quality recycling and, to this end, subject to Article 10(2) and (3), shall set up separate collection of waste.

Subject to Article 10(2) and (3), Member States shall set up separate collection at least for paper, metal, plastic and glass, and, by 1 January 2025, for textiles.

In order to comply with the objectives of this Article, Member States shall ensure that the necessary infrastructure is in place for the separate collection of waste, including sufficient material and territorial coverage of separate collection points in accordance with Article 28(3), point (cb).

Member States shall take measures to promote selective demolition in order to enable removal and safe handling of hazardous substances and facilitate re-use and high-quality recycling by selective removal of materials, and to ensure the establishment of sorting systems for construction and demolition waste at least for wood, mineral fractions (concrete, bricks, tiles and ceramics, stones), metal, glass, plastic and plaster.

• (a) by 2020, the preparing for re-use and the recycling of waste materials such as at least paper, metal, plastic and glass from households and possibly from other origins as far as these waste streams are similar to waste from households, shall be increased to a minimum of overall 50 % by weight;

• (b) by 2020, the preparing for re-use, recycling and other material recovery, including backfilling operations using waste to substitute other materials, of non-hazardous construction and demolition waste excluding naturally occurring material defined in category 17 05 04 in the list of waste shall be increased to a minimum of 70 % by weight;

• (c) by 2025, the preparing for re-use and the recycling of municipal waste shall be increased to a minimum of 55 % by weight;

• (d) by 2030, the preparing for re-use and the recycling of municipal waste shall be increased to a minimum of 60 % by weight;

• (e) by 2035, the preparing for re-use and the recycling of municipal waste shall be increased to a minimum of 65 % by weight.

• (a) prepared for re-use and recycled less than 20 % or landfilled more than 60 % of its municipal waste generated in 2013 as reported under the Joint Questionnaire of the OECD and Eurostat; and

• (b) at the latest 24 months before the respective deadline laid down in point (c), (d) or (e) of paragraph 2, notifies the Commission of its intention to postpone the respective deadline and submits an implementation plan in accordance with Annex IVb.

• (a) to a minimum of 50 % by 2025 in the event of postponing the deadline for attaining the target referred to in point (c) of paragraph 2;

• (b) to a minimum of 55 % by 2030 in the event of postponing the deadline for attaining the target referred to in point (d) of paragraph 2;

• (c) to a minimum of 60 % by 2035 in the event of postponing the deadline for attaining the target referred to in point (e) of paragraph 2.

The Commission shall assess co-processing technology that allows the incorporation of minerals in the co-incineration process of municipal waste. Where a reliable methodology can be found, as part of this review, the Commission shall consider whether such minerals may be counted towards recycling targets.

Article 11a

Rules on the calculation of the attainment of the targets

• (a) Member States shall calculate the weight of the municipal waste generated and prepared for re-use or recycled in a given calendar year;

• (b) the weight of the municipal waste prepared for re-use shall be calculated as the weight of products or components of products that have become municipal waste and have undergone all necessary checking, cleaning or repairing operations to enable re-use without further sorting or pre-processing;

• (c) the weight of the municipal waste recycled shall be calculated as the weight of waste which, having undergone all necessary checking, sorting and other preliminary operations to remove waste materials that are not targeted by the subsequent reprocessing and to ensure high-quality recycling, enters the recycling operation whereby waste materials are actually reprocessed into products, materials or substances.

By way of derogation from the first subparagraph, the weight of municipal waste recycled may be measured at the output of any sorting operation provided that:

• (a) such output waste is subsequently recycled;

• (b) the weight of materials or substances that are removed by further operations preceding the recycling operation and are not subsequently recycled is not included in the weight of waste reported as recycled.

As from 1 January 2027, Member States may count municipal bio-waste entering aerobic or anaerobic treatment as recycled only if, in accordance with Article 22, it has been separately collected or separated at source.

• (a) a common methodology for the calculation of the weight of metals that have been recycled in accordance with paragraph 6, including quality criteria for the recycled metals, and

• (b) bio-waste separated and recycled at source.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).

Article 11b

Early warning report

• (a) an estimation of the attainment of the targets by each Member State;

• (b) a list of Member States at risk of not attaining the targets within the respective deadlines, accompanied by appropriate recommendations for the Member States concerned;

• (c) examples of best practices that are used throughout the Union which could provide guidance for progressing towards attaining the targets.

Article 12

Disposal

Article 13

Protection of human health and the environment

Member States shall take the necessary measures to ensure that waste management is carried out without endangering human health, without harming the environment and, in particular:

• (a) without risk to water, air, soil, plants or animals;

• (b) without causing a nuisance through noise or odours; and

• (c) without adversely affecting the countryside or places of special interest.

Article 14

Costs

CHAPTER III WASTE MANAGEMENT

Article 15

Responsibility for waste management

Without prejudice to Regulation (EC) No 1013/2006, Member States may specify the conditions of responsibility and decide in which cases the original producer is to retain responsibility for the whole treatment chain or in which cases theresponsibility of the producer and the holder can be shared or delegated among the actors of the treatment chain.

Article 16

Principles of self-sufficiency and proximity

By way of derogation from Regulation (EC) No 1013/2006, Member States may, in order to protect their network, limit incoming shipments of waste destined to incinerators that are classified as recovery, where it has been established that such shipments would result in national waste having to be disposed of or waste having to be treated in a way that is not consistent with their waste management plans. Member States shall notify the Commission of any such decision. Member States may also limit outgoing shipments of waste on environmental grounds as set out in Regulation (EC) No 1013/2006.

Article 17

Control of hazardous waste

Member States shall take the necessary action to ensure that the production, collection and transportation of hazardous waste, as well as its storage and treatment, are carried out in conditions providing protection for the environment and human health in order to meet the provisions of Article 13, including action to ensure traceability from production to final destination and control of hazardous waste in order to meet the requirements of Articles 35 and 36.

Article 18

Ban on the mixing of hazardous waste

• (a) the mixing operation is carried out by an establishment or undertaking which has obtained a permit in accordance with Article 23;

• (b) the provisions of Article 13 are complied with and the adverse impact of the waste management on human health and the environment is not increased; and

• (c) the mixing operation conforms to best available techniques.