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)

The Commission is empowered to adopt delegated acts in accordance with Article 38a to amend this Directive by specifying the application of the formula for incineration facilities referred to in point R1 of Annex II. Local climatic conditions may be taken into account, such as the severity of the cold and the need for heating insofar as they influence the amounts of energy that can technically be used or produced in the form of electricity, heating, cooling or processing steam. Local conditions of the outermost regions as recognised in the third paragraph of Article 349 of the Treaty on the Functioning of the European Union and of the territories mentioned in Article 25 of the 1985 Act of Accession may also be taken into account.

Article 38a

Exercise of the delegation

Article 39

Committee procedure

Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.

Article 40

Transposition

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

Article 41

Repeal and transitional provisions

Directives 75/439/EEC, 91/689/EEC and 2006/12/EC are hereby repealed with effect from 12 December 2010.

However, from 12 December 2008, the following shall apply:

• (a) Article 10(4) of Directive 75/439/EEC shall be replaced by the following: ‘4. The reference method of measurement to determine the PCB/PCT content of waste oils shall be fixed by the Commission. That measure, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(4) of Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste ([^E0027]).

• (b) Directive 91/689/EEC is hereby amended as follows:
• (i) Article 1(4) shall be replaced by the following: ‘4. For the purpose of this Directive “hazardous waste” means: — waste classified as hazardous waste featuring on the list established by Commission Decision 2000/532/EC ([^E0028]) on the basis of Annexes I and II to this Directive. This waste must have one or more of the properties listed in Annex III. The list shall take into account the origin and composition of the waste and, where necessary, limit values of concentration. This list shall be periodically reviewed and, if necessary revised. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(4) of Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste ([^E0029]), — any other waste which is considered by a Member State to display any of the properties listed in Annex III. Such cases shall be notified to the Commission and reviewed with a view to adapting the list. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(4) of Directive 2006/12/EC.
• (ii) Article 9 shall be replaced by the following: ‘Article 9 The measures necessary for adapting the Annexes of this Directive to scientific and technical progress and for revising the list of wastes referred to in Article 1(4), designed to amend non-essential elements of this Directive, inter alia by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(4) of Directive 2006/12/EC.’;

• (c) Directive 2006/12/EC is hereby amended as follows:
• (i) Article 1(2) shall be replaced by the following: ‘2. For the purposes of paragraph 1, point (a), Commission Decision 2000/532/EC ([^E0030]) featuring the list of waste belonging to the categories listed in Annex I to this Directive shall apply. This list shall be periodically reviewed and, if necessary, revised. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(4).
• (ii) Article 17 shall be replaced by the following: ‘Article 17 The measures necessary for adapting the Annexes to scientific and technical progress, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(4).’;
• (iii) Article 18(4) shall be replaced by the following: ‘4. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.’.

References to the repealed Directives shall be construed as references to this Directive and shall be read in accordance with the correlation table set out in Annex V.

From 17 April 2029, Articles 22a, 22b, 22c and 22d shall apply to enterprises which employ fewer than 10 persons and whose annual turnover and annual balance sheet does not exceed EUR 2 million.

Article 41a

Review

By 31 December 2029, the Commission shall evaluate this Directive and Directive 1999/31/EC. The evaluation shall, inter alia, also assess:

• (a) the effectiveness of the financial and organisational responsibility of the extended producer responsibility schemes for textile, textile-related and footwear products listed in Annex IVc established pursuant to this Directive to cover the costs arising from the application of the requirements set out in this Directive, including assessing the possibility of requiring a financial contribution from commercial re-use operators, in particular larger ones;

• (b) the possibility of setting waste prevention, collection, preparing for re-use, and recycling targets for waste textile;

• (c) the possibility of introducing prior sorting of mixed municipal waste to prevent waste which can be recovered for preparing for re-use, or recycling from being sent to waste incineration or landfilled.

The Commission shall present a report on the findings of that evaluation to the European Parliament and to the Council. Where appropriate, the report shall be accompanied by a legislative proposal.

Article 42

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 43

Addressees

This Directive is addressed to the Member States.

ANNEX I

DISPOSAL OPERATIONS

• D 1Deposit into or on to land (e.g. landfill, etc.)

• D 2Land treatment (e.g. biodegradation of liquid or sludgy discards in soils, etc.)

• D 3Deep injection (e.g. injection of pumpable discards into wells, salt domes or naturally occurring repositories, etc.)

• D 4Surface impoundment (e.g. placement of liquid or sludgy discards into pits, ponds or lagoons, etc.)

• D 5Specially engineered landfill (e.g. placement into lined discrete cells which are capped and isolated from one another and the environment, etc.)

• D 6Release into a water body except seas/oceans

• D 7Release to seas/oceans including sea-bed insertion

• D 8Biological treatment not specified elsewhere in this Annex which results in final compounds or mixtures which are discarded by means of any of the operations numbered D 1 to D 12

• D 9Physico-chemical treatment not specified elsewhere in this Annex which results in final compounds or mixtures which are discarded by means of any of the operations numbered D 1 to D 12 (e.g. evaporation, drying, calcination, etc.)

• D 10Incineration on land

• D 11Incineration at sea ([^E0031])

• D 12Permanent storage (e.g. emplacement of containers in a mine, etc.)

• D 13Blending or mixing prior to submission to any of the operations numbered D 1 to D 12 ([^E0032])

• D 14Repackaging prior to submission to any of the operations numbered D 1 to D 13

• D 15Storage pending any of the operations numbered D 1 to D 14 (excluding temporary storage, pending collection, on the site where the waste is produced) ([^E0033])

ANNEX II

RECOVERY OPERATIONS

• R 1Use principally as a fuel or other means to generate energy ([^E0034])

• R 2Solvent reclamation/regeneration

• R 3Recycling/reclamation of organic substances which are not used as solvents (including composting and other biological transformation processes) ([^E0035])

• R 4Recycling/reclamation of metals and metal compounds ([^E0036])

• R 5Recycling/reclamation of other inorganic materials ([^E0037])

• R 6Regeneration of acids or bases

• R 7Recovery of components used for pollution abatement

• R 8Recovery of components from catalysts

• R 9Oil re-refining or other reuses of oil

• R 10Land treatment resulting in benefit to agriculture or ecological improvement

• R 11Use of waste obtained from any of the operations numbered R 1 to R 10

• R 12Exchange of waste for submission to any of the operations numbered R 1 to R 11 ([^E0038])

• R 13Storage of waste pending any of the operations numbered R 1 to R 12 (excluding temporary storage, pending collection, on the site where the waste is produced) ([^E0039])

ANNEX III

PROPERTIES OF WASTE WHICH RENDER IT HAZARDOUS

• ‘Explosive:’ waste which is capable by chemical reaction of producing gas at such a temperature and pressure and at such a speed as to cause damage to the surroundings. Pyrotechnic waste, explosive organic peroxide waste and explosive self-reactive waste is included.

When a waste contains one or more substances classified by one of the hazard class and category codes and hazard statement codes shown in Table 1, the waste shall be assessed for HP 1, where appropriate and proportionate, according to test methods. If the presence of a substance, a mixture or an article indicates that the waste is explosive, it shall be classified as hazardous by HP 1.

Table 1: Hazard Class and Category Code(s) and Hazard statement Code(s) for waste constituents for the classification of wastes as hazardous by HP 1:

Hazard Class and Category Code(s)	Hazard statement Code(s)
Unst. Expl.	H 200
Expl. 1.1	H 201
Expl. 1.2	H 202
Expl. 1.3	H 203
Expl. 1.4	H 204
Self-react. A	H 240
Org. Perox. A	H 240
Self-react. B	H 241
Org. Perox. B	H 241

• ‘Oxidising:’ waste which may, generally by providing oxygen, cause or contribute to the combustion of other materials.

When a waste contains one or more substances classified by one of the hazard class and category codes and hazard statement codes shown in Table 2, the waste shall be assessed for HP 2, where appropriate and proportionate, according to test methods. If the presence of a substance indicates that the waste is oxidising, it shall be classified as hazardous by HP 2.

Table 2: Hazard Class and Category Code(s) and Hazard statement Code(s) for the classification of wastes as hazardous by HP 2:

Hazard Class and Category Code(s)	Hazard statement Code(s)
Ox. Gas 1	H 270
Ox. Liq. 1	H 271
Ox. Sol. 1	H 271
Ox. Liq. 2, Ox. Liq. 3	H 272
Ox. Sol. 2, Ox. Sol. 3	H 272

• ‘Flammable:’ - — flammable liquid waste:liquid waste having a flash point below 60 °C or waste gas oil, diesel and light heating oils having a flash point > 55 °C and ≤ 75 °C;

• — flammable pyrophoric liquid and solid waste:solid or liquid waste which, even in small quantities, is liable to ignite within five minutes after coming into contact with air;

• — flammable solid waste:solid waste which is readily combustible or may cause or contribute to fire through friction;

• — flammable gaseous waste:gaseous waste which is flammable in air at 20 °C and a standard pressure of 101.3 kPa;

• — water reactive waste:waste which, in contact with water, emits flammable gases in dangerous quantities;

• — other flammable waste:flammable aerosols, flammable self-heating waste, flammable organic peroxides and flammable self-reactive waste.

When a waste contains one or more substances classified by one of the following hazard class and category codes and hazard statement codes shown in Table 3, the waste shall be assessed, where appropriate and proportionate, according to test methods. If the presence of a substance indicates that the waste is flammable, it shall be classified as hazardous by HP 3.

Table 3: Hazard Class and Category Code(s) and Hazard statement Code(s) for waste constituents for the classification of wastes as hazardous by HP 3:

Hazard Class and Category Code(s)	Hazard statement Code(s)
Flam. Gas 1	H220
Flam. Gas 2	H221
Aerosol 1	H222
Aerosol 2	H223
Flam. Liq. 1	H224
Flam. Liq.2	H225
Flam. Liq. 3	H226
Flam. Sol. 1	H228
Flam. Sol. 2	H228
Self-react. CD	H242
Self-react. EF	H242
Org. Perox. CD	H242
Org. Perox. EF	H242
Pyr. Liq. 1	H250
Pyr. Sol. 1	H250
Self-heat.1	H251
Self-heat. 2	H252
Water-react. 1	H260
Water-react. 2 Water-react. 3	H261

• ‘Irritant — skin irritation and eye damage:’ waste which on application can cause skin irritation or damage to the eye.

When a waste contains one or more substances in concentrations above the cut-off value, that are classified by one of the following hazard class and category codes and hazard statement codes and one or more of the following concentration limits is exceeded or equalled, the waste shall be classified as hazardous by HP 4.

The cut-off value for consideration in an assessment for Skin corr. 1A (H314), Skin irrit. 2 (H315), Eye dam. 1 (H318) and Eye irrit. 2 (H319) is 1 %.

If the sum of the concentrations of all substances classified as Skin corr. 1A (H314) exceeds or equals 1 %, the waste shall be classified as hazardous according to HP 4.

If the sum of the concentrations of all substances classified as H318 exceeds or equals 10 %, the waste shall be classified as hazardous according to HP 4.

If the sum of the concentrations of all substances classified H315 and H319 exceeds or equals 20 %, the waste shall be classified as hazardous according to HP 4.

Note that wastes containing substances classified as H314 (Skin corr.1A, 1B or 1C) in amounts greater than or equal to 5 % will be classified as hazardous by HP 8. HP 4 will not apply if the waste is classified as HP 8.

• ‘Specific Target Organ Toxicity (STOT)/Aspiration Toxicity:’ waste which can cause specific target organ toxicity either from a single or repeated exposure, or which cause acute toxic effects following aspiration.

When a waste contains one or more substances classified by one or more of the following hazard class and category codes and hazard statement codes shown in Table 4, and one or more of the concentration limits in Table 4 is exceeded or equalled, the waste shall be classified as hazardous according to HP 5. When substances classified as STOT are present in a waste, an individual substance has to be present at or above the concentration limit for the waste to be classified as hazardous by HP 5.

When a waste contains one or more substances classified as Asp. Tox. 1 and the sum of those substances exceeds or equals the concentration limit, the waste shall be classified as hazardous by HP 5 only where the overall kinematic viscosity (at 40 °C) does not exceed 20.5 mm²/s. ([^E0040])

Table 4: Hazard Class and Category Code(s) and Hazard statement Code(s) for waste constituents and the corresponding concentration limits for the classification of wastes as hazardous by HP 5

Hazard Class and Category Code(s)	Hazard statement Code(s)	Concentration limit
STOT SE 1	H370	1 %
STOT SE 2	H371	10 %
STOT SE 3	H335	20 %
STOT RE 1	H372	1 %
STOT RE 2	H373	10 %
Asp. Tox. 1	H304	10 %

• ‘Acute Toxicity:’ waste which can cause acute toxic effects following oral or dermal administration, or inhalation exposure.

If the sum of the concentrations of all substances contained in a waste, classified with an acute toxic hazard class and category code and hazard statement code given in Table 5, exceeds or equals the threshold given in that table, the waste shall be classified as hazardous by HP 6. When more than one substance classified as acute toxic is present in a waste, the sum of the concentrations is required only for substances within the same hazard category.

The following cut-off values shall apply for consideration in an assessment:

• — For Acute Tox. 1, 2 or 3 (H300, H310, H330, H301, H311, H331): 0.1 %;

• — For Acute Tox. 4 (H302, H312, H332): 1 %.

Table 5: Hazard Class and Category Code(s) and Hazard statement Code(s) for waste constituents and the corresponding concentration limits for the classification of wastes as hazardous by HP 6

Hazard Class and Category Code(s)	Hazard statement Code(s)	Concentration limit
Acute Tox.1 (Oral) Acute Tox. 2 (Oral) Acute Tox. 3 (Oral) Acute Tox 4 (Oral) Acute Tox.1 (Dermal) Acute Tox.2 (Dermal) Acute Tox. 3 (Dermal) Acute Tox 4 (Dermal) Acute Tox 1 (Inhal.) Acute Tox.2 (Inhal.) Acute Tox. 3 (Inhal.) Acute Tox. 4 (Inhal.)	H300 H300 H301 H302 H310 H310 H311 H312 H330 H330 H331 H332	0,1 % 0,25 % 5 % 25 % 0,25 % 2,5 % 15 % 55 % 0,1 % 0,5 % 3,5 % 22,5 %

• ‘Carcinogenic:’ waste which induces cancer or increases its incidence.

When a waste contains a substance classified by one of the following hazard class and category codes and hazard statement codes and exceeds or equals one of the following concentration limits shown in Table 6, the waste shall be classified as hazardous by HP 7. When more than one substance classified as carcinogenic is present in a waste, an individual substance has to be present at or above the concentration limit for the waste to be classified as hazardous by HP 7.

Table 6: Hazard Class and Category Code(s) and Hazard statement Code(s) for waste constituents and the corresponding concentration limits for the classification of wastes as hazardous by HP 7

Hazard Class and Category Code(s)	Hazard statement Code(s)	Concentration limit
Carc. 1A	H350	0,1 %
Carc. 1B	H350	0,1 %
Carc. 2	H351	1,0 %

• ‘Corrosive:’ waste which on application can cause skin corrosion.

When a waste contains one or more substances classified as Skin corr.1A, 1B or 1C (H314) and the sum of their concentrations exceeds or equals 5 %, the waste shall be classified as hazardous by HP 8.

The cut-off value for consideration in an assessment for Skin corr. 1A, 1B, 1C (H314) is 1.0 %.

• ‘Infectious:’ waste containing viable micro-organisms or their toxins which are known or reliably believed to cause disease in man or other living organisms.

The attribution of HP 9 shall be assessed by the rules laid down in reference documents or legislation in the Member States.

• ‘Toxic for reproduction:’ waste which has adverse effects on sexual function and fertility in adult males and females, as well as developmental toxicity in the offspring.

When a waste contains a substance classified by one of the following hazard class and category codes and hazard statement codes and exceeds or equals one of the following concentration limits shown in Table 7, the waste shall be classified hazardous according to HP 10. When more than one substance classified as toxic for reproduction is present in a waste, an individual substance has to be present at or above the concentration limit for the waste to be classified as hazardous by HP 10.

Table 7: Hazard Class and Category Code(s) and Hazard statement Code(s) for waste constituents and the corresponding concentration limits for the classification of wastes as hazardous by HP 10

Hazard Class and Category Code(s)	Hazard statement Code(s)	Concentration limit
Repr. 1A	H360	0,3 %
Repr. 1B	H360	0,3 %
Repr. 2	H361	3,0 %

• ‘Mutagenic:’ waste which may cause a mutation, that is a permanent change in the amount or structure of the genetic material in a cell.

When a waste contains a substance classified by one of the following hazard class and category codes and hazard statement codes and exceeds or equals one of the following concentration limits shown in Table 8, the waste shall be classified as hazardous according to HP 11. When more than one substance classified as mutagenic is present in a waste, an individual substance has to be present at or above the concentration limit for the waste to be classified as hazardous by HP 11.

Table 8: Hazard Class and Category Code(s) and Hazard statement Code(s) for waste constituents and the corresponding concentration limits for the classification of wastes as hazardous by HP 11

Hazard Class and Category Code(s)	Hazard statement Code(s)	Concentration limit
Muta. 1A,	H340	0,1 %
Muta. 1B	H340	0,1 %
Muta. 2	H341	1,0 %

• ‘Release of an acute toxic gas:’ waste which releases acute toxic gases (Acute Tox. 1, 2 or 3) in contact with water or an acid.

When a waste contains a substance assigned to one of the following supplemental hazards EUH029, EUH031 and EUH032, it shall be classified as hazardous by HP 12 according to test methods or guidelines.

• ‘Sensitising:’ waste which contains one or more substances known to cause sensitising effects to the skin or the respiratory organs.

When a waste contains a substance classified as sensitising and is assigned to one of the hazard statement codes H317 or H334 and one individual substance equals or exceeds the concentration limit of 10 %, the waste shall be classified as hazardous by HP 13.

• ‘Ecotoxic:’ waste which presents or may present immediate or delayed risks for one or more sectors of the environment.

Waste which fulfils any of the following conditions shall be classified as hazardous by HP 14:

• — Waste which contains a substance classified as ozone depleting assigned the hazard statement code H420 in accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council ([^E0041]) and the concentration of such a substance equals or exceeds the concentration limit of 0,1 %. [c(H420) ≥ 0,1 %]

• — Waste which contains one or more substances classified as aquatic acute assigned the hazard statement code H400 in accordance with Regulation (EC) No 1272/2008 and the sum of the concentrations of those substances equals or exceeds the concentration limit of 25 %. A cut-off value of 0,1 % shall apply to such substances. [Σ c (H400) ≥ 25 %]

• — Waste which contains one or more substances classified as aquatic chronic 1, 2 or 3 assigned to the hazard statement code(s) H410, H411 or H412 in accordance with Regulation (EC) No 1272/2008, and the sum of the concentrations of all substances classified as aquatic chronic 1 (H410) multiplied by 100 added to the sum of the concentrations of all substances classified as aquatic chronic 2 (H411) multiplied by 10 added to the sum of the concentrations of all substances classified as aquatic chronic 3 (H412) equals or exceeds the concentration limit of 25 %. A cut-off value of 0,1 % applies to substances classified as H410 and a cut-off value of 1 % applies to substances classified as H411 or H412. [100 × Σc (H410) + 10 × Σc (H411) + Σc (H412) ≥ 25 %]

• — Waste which contains one or more substances classified as aquatic chronic 1, 2, 3 or 4 assigned the hazard statement code(s) H410, H411, H412 or H413 in accordance with Regulation (EC) No 1272/2008, and the sum of the concentrations of all substances classified as aquatic chronic equals or exceeds the concentration limit of 25 %. A cut-off value of 0,1 % applies to substances classified as H410 and a cut-off value of 1 % applies to substances classified as H411, H412 or H413. [Σ c H410 + Σ c H411 + Σ c H412 + Σ c H413 ≥ 25 %]

Where: Σ = sum and c = concentrations of the substances.

• ‘Waste capable of exhibiting a hazardous property listed above not directly displayed by the original waste’. When a waste contains one or more substances assigned to one of the hazard statements or supplemental hazards shown in Table 9, the waste shall be classified as hazardous by HP 15, unless the waste is in such a form that it will not under any circumstance exhibit explosive or potentially explosive properties.

Table 9: Hazard statements and supplemental hazards for waste constituents for the classification of wastes as hazardous by HP 15

Hazard Statement(s)/Supplemental Hazard(s)	Hazard Statement(s)/Supplemental Hazard(s)
May mass explode in fire	H205
Explosive when dry	EUH001
May form explosive peroxides	EUH019
Risk of explosion if heated under confinement	EUH044

In addition, Member States may characterise a waste as hazardous by HP 15 based on other applicable criteria, such as an assessment of the leachate.

Test methods:

The methods to be used are described in Commission Regulation (EC) No 440/2008 ([^E0042]) and in other relevant CEN notes or other internationally recognised test methods and guidelines.

ANNEX IV

EXAMPLES OF WASTE PREVENTION MEASURES REFERRED TO IN ARTICLE 29

Measures that can affect the framework conditions related to the generation of waste

• 1.The use of planning measures, or other economic instruments promoting the efficient use of resources.

• 2.The promotion of research and development into the area of achieving cleaner and less wasteful products and technologies and the dissemination and use of the results of such research and development.

• 3.The development of effective and meaningful indicators of the environmental pressures associated with the generation of waste aimed at contributing to the prevention of waste generation at all levels, from product comparisons at Community level through action by local authorities to national measures.

Measures that can affect the design and production and distribution phase

• 4.The promotion of eco-design (the systematic integration of environmental aspects into product design with the aim to improve the environmental performance of the product throughout its whole life cycle).

• 5.The provision of information on waste prevention techniques with a view to facilitating the implementation of best available techniques by industry.

• 6.Organise training of competent authorities as regards the insertion of waste prevention requirements in permits under this Directive and Directive 96/61/EC.

• 7.The inclusion of measures to prevent waste production at installations not falling under Directive 96/61/EC. Where appropriate, such measures could include waste prevention assessments or plans.

• 8.The use of awareness campaigns or the provision of financial, decision making or other support to businesses. Such measures are likely to be particularly effective where they are aimed at, and adapted to, small and medium sized enterprises and work through established business networks.

• 9.The use of voluntary agreements, consumer/producer panels or sectoral negotiations in order that the relevant businesses or industrial sectors set their own waste prevention plans or objectives or correct wasteful products or packaging.

• 10.The promotion of creditable environmental management systems, including EMAS and ISO 14001.

Measures that can affect the consumption and use phase

• 11.Economic instruments such as incentives for clean purchases or the institution of an obligatory payment by consumers for a given article or element of packaging that would otherwise be provided free of charge.

• 12.The use of awareness campaigns and information provision directed at the general public or a specific set of consumers.

• 13.The promotion of creditable eco-labels.

• 14.Agreements with industry, such as the use of product panels such as those being carried out within the framework of Integrated Product Policies or with retailers on the availability of waste prevention information and products with a lower environmental impact.

• 15.In the context of public and corporate procurement, the integration of environmental and waste prevention criteria into calls for tenders and contracts, in line with the Handbook on environmental public procurement published by the Commission on 29 October 2004.

• 16.The promotion of the reuse and/or repair of appropriate discarded products or of their components, notably through the use of educational, economic, logistic or other measures such as support to or establishment of accredited repair and reuse-centres and networks especially in densely populated regions.

ANNEX IVa

EXAMPLES OF ECONOMIC INSTRUMENTS AND OTHER MEASURES TO PROVIDE INCENTIVES FOR THE APPLICATION OF THE WASTE HIERARCHY REFERRED TO IN ARTICLE 4(3) ([^E0043])

• 1. Charges and restrictions for the landfilling and incineration of waste which incentivise waste prevention and recycling, while keeping landfilling the least preferred waste management option;

• 1. ‘Pay-as-you-throw’ schemes that charge waste producers on the basis of the actual amount of waste generated and provide incentives for separation at source of recyclable waste and for reduction of mixed waste;

• 1. Fiscal incentives for donation of products, in particular food;

• 1. Extended producer responsibility schemes for various types of waste and measures to increase their effectiveness, cost efficiency and governance;

• 1. Deposit-refund schemes and other measures to encourage efficient collection of used products and materials;

• 1. Sound planning of investments in waste management infrastructure, including through Union funds;

• 1. Sustainable public procurement to encourage better waste management and the use of recycled products and materials;

• 1. Phasing out of subsidies which are not consistent with the waste hierarchy;

• 1. Use of fiscal measures or other means to promote the uptake of products and materials that are prepared for re-use or recycled;

• 1. Support to research and innovation in advanced recycling technologies and remanufacturing;

• 1. Use of best available techniques for waste treatment;

• 1. Economic incentives for regional and local authorities, in particular to promote waste prevention and intensify separate collection schemes, while avoiding support to landfilling and incineration;

• 1. Public awareness campaigns, in particular on separate collection, waste prevention and litter reduction, and mainstreaming these issues in education and training;

• 1. Systems for coordination, including by digital means, between all competent public authorities involved in waste management;

• 1. Promoting continuous dialogue and cooperation between all stakeholders in waste management and encouraging voluntary agreements and company reporting on waste.

ANNEX IVb

IMPLEMENTATION PLAN TO BE SUBMITTED PURSUANT TO ARTICLE 11(3)

The implementation plan to be submitted pursuant to Article 11(3) shall contain the following:

• 1. assessment of the past, current and projected rates of recycling, landfilling and other treatment of municipal waste and the streams of which it is composed;

• 1. assessment of the implementation of waste management plans and waste prevention programmes in place pursuant to Articles 28 and 29;

• 1. reasons for which the Member State considers that it might not be able to attain the relevant target laid down in Article 11(2) within the deadline set therein and an assessment of the time extension necessary to meet that target;

• 1. measures necessary to attain the targets set out in Article 11(2) and (5) that are applicable to the Member State during the time extension, including appropriate economic instruments and other measures to provide incentives for the application of the waste hierarchy as set out in Article 4(1) and Annex IVa;

• 1. a timetable for the implementation of the measures identified in point 4, determination of the body competent for their implementation and an assessment of their individual contribution to attaining the targets applicable in the event of a time extension;

• 1. information on funding for waste management in line with the polluter-pays principle;

• 1. measures to improve data quality, as appropriate, with a view to better planning and monitoring performance in waste management.

ANNEX IVc

PRODUCTS THAT FALL WITHIN THE SCOPE OF THE EXTENDED PRODUCER RESPONSIBILITY FOR CERTAIN TEXTILE, TEXTILE-RELATED AND FOOTWEAR PRODUCTS

Part I

Textile products, and textile articles of apparel and clothing accessories for household use or other uses, where such products are similar in nature and composition to those for household use, that fall within the scope of Article 22a

CN code	Description
61 – all listed codes within the chapter	Articles of apparel and clothing accessories, knitted or crocheted
62 – all listed codes within the chapter	Articles of apparel and clothing accessories, not knitted or crocheted
6301	Blankets and travelling rugs (except 6301 10 00 )
6302	Bed linen, table linen, toilet linen and kitchen linen
6303	Curtains (including drapes) and interior blinds; curtain or bed valances
6304	Other furnishing articles, excluding those of heading 9404
6309	Worn clothing and other worn articles
6504	Hats and other headgear, plaited or made by assembling strips of any material, whether or not lined or trimmed
6505	Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed; hairnets of any material, whether or not lined or trimmed

Part II

Footwear, and articles of apparel and clothing accessories for household use or other uses, where such products are similar in nature and composition to those for household use, whose main composition is not textile, that fall within the scope of Article 22a

CN code	Description
4203	Articles of apparel and clothing accessories, of leather or composition leather (excl. footwear and headgear and parts thereof, and goods of chapter 95, e.g. shin guards, fencing masks)
6401	Waterproof footwear with outer soles and uppers of rubber or of plastics, the uppers of which are neither fixed to the sole nor assembled by stitching, riveting, nailing, screwing, plugging or similar processes
6402	Other footwear with outer soles and uppers of rubber or plastics
6403	Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of leather
6404	Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials
6405	Other footwear

ANNEX V

CORRELATION TABLE

Directive 2006/12/EC	This Directive
Article 1(1)(a)	Article 3(1)
Article 1(1)(b)	Article 3(5)
Article 1(1)(c)	Article 3(6)
Article 1(1)(d)	Article 3(9)
Article 1(1)(e)	Article 3(19)
Article 1(1)(f)	Article 3(15)
Article 1(1)(g)	Article 3(10)
Article 1(2)	Article 7
Article 2(1)	Article 2(1)
Article 2(1)(a)	Article 2(1)(a)
Article 2(1)(b)	Article 2(2)
Article 2(1)(b)(i)	Article 2(1)(d)
Article 2(1)(b)(ii)	Article 2(2)(d)
Article 2(1)(b)(iii)	Article 2(1)(f) and (2)(c)
Article 2(1)(b)(iv)	Article 2(2)(a)
Article 2(1)(b)(v)	Article 2(1)(e)
Article 2(2)	Article 2(4)
Article 3(1)	Article 4
Article 4(1)	Article 13
Article 4(2)	Article 36(1)
Article 5	Article 16
Article 6	—
Article 7	Article 28
Article 8	Article 15
Article 9	Article 23
Article 10	Article 23
Article 11	Articles 24 and 25
Article 12	Article 26
Article 13	Article 34
Article 14	Article 35
Article 15	Article 14
Article 16	Article 37
Article 17	Article 38
Article 18(1)	Article 39(1)
—	Article 39(2)
Article 18(2)	—
Article 18(3)	Article 39(3)
Article 19	Article 40
Article 20	—
Article 21	Article 42
Article 22	Article 43
Annex I	—
Annex IIA	Annex I
Annex IIB	Annex II
Directive 75/439/EEC	This Directive
---	---
Article 1(1)	Article 3(18)
Article 2	Articles 13 and 21
Article 3(1) and (2)	—
Article 3(3)	Article 13
Article 4	Article 13
Article 5(1)	—
Article 5(2)	—
Article 5(3)	—
Article 5(4)	Articles 26 and 34
Article 6	Article 23
Article 7(a)	Article 13
Article 7(b)	—
Article 8(1)	—
Article 8(2)(a)	—
Article 8(2)(b)	—
Article 8(3)	—
Article 9	—
Article 10(1)	Article 18
Article 10(2)	Article 13
Article 10(3) and (4)	—
Article 10(5)	Articles 19, 21, 25, 34 and 35
Article 11	—
Article 12	Article 35
Article 13(1)	Article 34
Article 13(2)	—
Article 14	—
Article 15	—
Article 16	—
Article 17	—
Article 18	Article 37
Article 19	—
Article 20	—
Article 21	—
Article 22	—
Annex I	—
Directive 91/689/EEC	This Directive
---	---
Article 1(1)	—
Article 1(2)	—
Article 1(3)	—
Article 1(4)	Articles 3(2) and 7
Article 1(5)	Article 20
Article 2(1)	Article 23
Article 2(2)-(4)	Article 18
Article 3	Articles 24, 25 and 26
Article 4(1)	Article 34(1)
Article 4(2)(3)	Article 35
Article 5(1)	Article 19(1)
Article 5(2)	Article 34(2)
Article 5(3)	Article 19(2)
Article 6	Article 28
Article 7	—
Article 8	—
Article 9	—
Article 10	—
Article 11	—
Article 12	—
Annexes I and II	—
Annex III	Annex III

[^E0001]: Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (OJ L 140, 5.6.2009, p. 114, ELI: http://data.europa.eu/eli/dir/2009/31/oj).

[^E0002]: OJ L 102, 11.4.2006, p. 15.

[^E0003]: Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC (OJ L 229, 1.9.2009, p. 1).

[^E0004]: Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

[^E0005]: Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304 22.11.2011, p. 64, ELI: http://data.europa.eu/eli/dir/2011/83/oj).

[^E0006]: Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/2065/oj).

[^E0007]: Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1, ELI: http://data.europa.eu/eli/reg/2019/1020/oj).

[^E0008]: Regulation (EU) 2024/1781 of the European Parliament and of the Council of 13 June 2024 establishing a framework for the setting of ecodesign requirements for sustainable products, amending Directive (EU) 2020/1828 and Regulation (EU) 2023/1542 and repealing Directive 2009/125/EC (OJ L, 2024/1781, 28.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1781/oj).

[^E0009]: Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1).

[^E0010]: Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE) (OJ L 197, 24.7.2012, p. 38).

[^E0011]: Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC (OJ L 191, 28.7.2023, p. 1).

[^E0012]: Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).

[^E0013]: Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671, ELI: http://data.europa.eu/eli/reg/2013/1308/oj).

[^E0014]: Regulation (EU) 2025/40 of the European Parliament and of the Council of 19 December 2024 on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC (OJ L, 2025/40, 22.1.2025, ELI: http://data.europa.eu/eli/reg/2025/40/oj).

[^E0015]: Commission Delegated Decision (EU) 2019/1597 of 3 May 2019 supplementing Directive 2008/98/EC of the European Parliament and of the Council as regards a common methodology and minimum quality requirements for the uniform measurement of levels of food waste (OJ L 248, 27.9.2019, p. 77, ELI: http://data.europa.eu/eli/dec_del/2019/1597/oj).

[^E0016]: Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1, ELI: http://data.europa.eu/eli/reg/1987/2658/oj).

[^E0017]: Directive (EU) 2025/1892 of the European Parliament and of the Council of 10 September 2025 amending Directive 2008/98/EC on waste (OJ L, 2025/1892, 26.9.2025, ELI: http://data.europa.eu/eli/dir/2025/1892/oj).

[^E0018]: Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57, ELI: http://data.europa.eu/eli/reg/2019/1150/oj).

[^E0019]: 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 (OJ L 163, 20.6.2019, p. 66, ELI: http://data.europa.eu/eli/dec_impl/2019/1004/oj).

[^E0020]: Commission Implementing Decision (EU) 2021/19 of 18 December 2020 laying down a common methodology and a format for reporting on reuse in accordance with Directive 2008/98/EC of the European Parliament and of the Council (OJ L 10, 12.1.2021, p. 1, ELI: http://data.europa.eu/eli/dec_impl/2021/19/oj).

[^E0021]: Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for Community action in the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, p. 19).

[^E0022]: Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).

[^E0023]: OJ L 197, 21.7.2001, p. 30.

[^E0024]: Regulation (EC) No 166/2006 of the European Parliament and of the Council of 18 January 2006 concerning the establishment of a European Pollutant Release and Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC (OJ L 33, 4.2.2006, p. 1).

[^E0025]: OJ L 123, 12.5.2016, p. 1.

[^E0026]: Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

[^E0027]: OJ L 114, 27.4.2006, p. 9.’;

[^E0028]: OJ L 226, 6.9.2000, p. 3.

[^E0029]: OJ L 114, 27.4.2006, p. 9.’;

[^E0030]: OJ L 226, 6.9.2000, p. 3.’;

[^E0031]: This operation is prohibited by EU legislation and international conventions.

[^E0032]: If there is no other D code appropriate, this can include preliminary operations prior to disposal including pre-processing such as, inter alia, sorting, crushing, compacting, pelletising, drying, shredding, conditioning or separating prior to submission to any of the operations numbered D1 to D12.

[^E0033]: Temporary storage means preliminary storage according to point (10) of Article 3.

[^E0034]: This includes incineration facilities dedicated to the processing of municipal solid waste only where their energy efficiency is equal to or above:

• — 0,60 for installations in operation and permitted in accordance with applicable Community legislation before 1 January 2009,

• — 0,65 for installations permitted after 31 December 2008,

using the following formula:

Energy efficiency = (Ep - (Ef + Ei))/(0,97 × (Ew + Ef))

In which:

Ep means annual energy produced as heat or electricity. It is calculated with energy in the form of electricity being multiplied by 2,6 and heat produced for commercial use multiplied by 1,1 (GJ/year)

Ef means annual energy input to the system from fuels contributing to the production of steam (GJ/year)

Ew means annual energy contained in the treated waste calculated using the net calorific value of the waste (GJ/year)

Ei means annual energy imported excluding Ew and Ef (GJ/year)

0,97 is a factor accounting for energy losses due to bottom ash and radiation.

This formula shall be applied in accordance with the reference document on Best Available Techniques for waste incineration.

The energy efficiency formula value will be multiplied by a climate correction factor (CCF) as shown below:

• 1. CCF for installations in operation and permitted in accordance with applicable Union legislation before 1 September 2015. CCF = 1 if HDD >= 3 350 CCF = 1,25 if HDD <= 2 150 CCF = – (0,25/1 200 ) × HDD + 1,698 when 2 150 < HDD < 3 350

• 1. CCF for installations permitted after 31 August 2015 and for installations under 1 after 31 December 2029: CCF = 1 if HDD >= 3 350 CCF = 1,12 if HDD <= 2 150 CCF = – (0,12/1 200 ) × HDD + 1,335 when 2 150 < HDD < 3 350

(The resulting value of CCF will be rounded at three decimal places).

The value of HDD (Heating Degree Days) should be taken as the average of annual HDD values for the incineration facility location, calculated for a period of 20 consecutive years before the year for which CCF is calculated. For the calculation of the value of HDD the following method established by Eurostat should be applied: HDD is equal to (18 °C – Tm) × d if Tm is lower than or equal to 15 °C (heating threshold) and is nil if Tm is greater than 15 °C; where Tm is the mean (Tmin + Tmax)/2 outdoor temperature over a period of d days. Calculations are to be executed on a daily basis (d = 1), added up to a year.

[^E0035]: This includes preparing for re-use, gasification and pyrolysis using the components as chemicals and recovery of organic materials in the form of backfilling.

[^E0036]: This includes preparing for re-use.

[^E0037]: This includes preparing for re-use, recycling of inorganic construction materials, recovery of inorganic materials in the form of backfilling, and soil cleaning resulting in recovery of the soil.

[^E0038]: If there is no other R code appropriate, this can include preliminary operations prior to recovery including pre-processing such as, inter alia, dismantling, sorting, crushing, compacting, pelletising, drying, shredding, conditioning, repackaging, separating, blending or mixing prior to submission to any of the operations numbered R1 to R11.

[^E0039]: Temporary storage means preliminary storage according to point (10) of Article 3.

[^E0040]: The kinematic viscosity shall only be determined for fluids.

[^E0041]: Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1).

[^E0042]: Commission Regulation (EC) No 440/2008 of 30 May 2008 laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (OJ L 142, 31.5.2008, p. 1).

[^E0043]: While these instruments and measures may provide incentives for waste prevention, which is the highest step in the waste hierarchy, a comprehensive list of more specific examples of waste prevention measures is set out in Annex IV.