LegalizeCommission Delegated Regulation (EU) 2023/2486 of 27 June 2023 supplementing Regulation (EU) 2020/852 of the European Parliament and of the Council by establishing the technical screening criteria for determining the conditions under which an economic activity qualifies as contributing substantially to the sustainable use and protection of water and marine resources, to the transition to a circular economy, to pollution prevention and control, or to the protection and restoration of biodiversity and ecosystems and for determining whether that economic activity causes no significant harm to any of the other environmental objectives and amending Commission Delegated Regulation (EU) 2021/2178 as regards specific public disclosures for those economic activities
| Substantial contribution to the transition to a circular economy | ||
|---|---|---|
| 1. Where the economic activity manufactures electrical and electronic equipment complying with all EU Ecolabel criteria applicable to that specific product category, in accordance with Regulation (EC) No 66/2010 of the European Parliament and of the Council (1), the operator of the activity provides the proof of compliance with all requirements listed, in accordance with the verification criteria foreseen by the EU Ecolabel criteria. 2. Where no product-specific EU Ecolabel criteria exist, or the operator of the activity has not used them, the economic activity manufacturing electrical and electronic equipment complies with all of the following criteria applicable to a relevant product: 2.1. Design for long lifetime 2.1.1. Where the product contains software that requires updates, all versions of software components, software support and software/firmware, including updates, are made available to users for the lifetime of an item as defined under Directive 2009/125/EC and implementing acts adopted under that Directive. Where the availability of software updates is not regulated, the availability is at least eight years. Functionality and lifetime of the product are not reduced through software updates or lack of software updates. 2.1.2. Products incorporating portable batteries ensure that those batteries are readily removable and replaceable by the end-user at any time during the lifetime of the product, without requiring the use of specialised tools (unless the tools are provided free of charge with the product), proprietary tools, thermal energy, or solvents to disassemble, except when batteries are designed in such way to make battery removable and replaceable only by independent professionals in the following case: (a) appliances specifically designed to operate primarily in an environment that is regularly subject to splashing water, water streams or water immersion and that are intended to be washable or rinseable and where it is required to ensure the safety of the user and the appliance; (b) professional medical imaging and radiotherapy devices, as defined in Article 2(1) of Regulation (EU) 2017/745 of the European Parliament and of the Council (2), and in vitro diagnostic medical devices, as defined in Article 2(2) of Regulation (EU) 2017/746 of the European Parliament and of the Council (3); (c) where continuity of power supply is necessary and a permanent connection between the product and the respective portable battery is required to ensure the safety of the user and of the appliance or, for products that collect and supply data as their main function, for data integrity reasons. 2.1.3. Software is not used in order to negatively affect the circularity of the product, including replacement of a portable battery, and correct battery replacement does not degrade the functioning of the product. 2.2. Design for repair and guarantee 2.2.1 Where a product-specific repair scoring systems is established in accordance with the Union Law, the operator of the activity ensures that products have the highest populated reparability class (4). 2.2.2. The operator of the activity provides access to information to professional repairers (5) throughout the lifetime of the product. The information includes the following elements, where applicable: (a) the unequivocal appliance identification; (b) a disassembly map or exploded view; (c) list of necessary repair and test equipment; (d) technical details of the components and diagnosis information, such as minimum and maximum theoretical values for measurements; (e) wiring and connection diagrams; (f) diagnostic fault and error codes, including manufacturer-specific codes; (g) data records of reported failure incidents stored on the product; (h) technical manual of instructions for repair of the product, including simple electronic board diagrams, that includes marking of the individual steps; (i) instructions for software and firmware, including reset software; (j) information on how to access data records of reported failure incidents stored on the device, where applicable, with the exception of personal identifiable information such as related to user behaviour and location information. 2.2.3. Key spare parts (6), whether new or used, such as motors, batteries, circuit boards and any part or component essential to the good functioning of the product, are available to professional repairers and end-users, after placing the last unit of the model on the market, for one additional year compared to the requirements on the availability of spare parts under Directive 2009/125/EC and implementing acts adopted under that Directive. Where the availability of spare parts for the relevant products is not regulated, key spare parts are available for at least eight years after placing the last unit of the model on the market. 2.2.4. Where there are no significant health and safety risks presented by the product repair, the operator of the activity provides clear disassembly and repair instructions, including through hard or soft copy or a video, and make them publicly available for the lifetime of the product, to enable a non-destructive disassembly of products for the purpose of replacing key components or parts for upgrades or repairs. Where significant safety concerns connected to the repair of the product exist, the operator ensures access to independent certified professional repairers. The operator’s website indicates the process for professional repairers to register for access to relevant information or share the information on a publicly available free access website. 2.2.5. For electrical and electronic equipment designed for consumer use, the operator of the activity provides commercial guarantee for minimum of 3 years and in line with requirements under Article 17 of Directive (EU) 2019/771 of the European Parliament and of the Council (7) at no extra cost. 2.3. Design for reuse and remanufacturing 2.3.1. Where the products are able to store data, and the data is encrypted, a software function that resets the device to its factory settings and erases by default the encryption key is required. 2.3.2. Where products can transfer stored data, the stored data can be easily and fully transferred to another product, securing data privacy and confidentiality of the data. 2.4. Design for dismantling 2.4.1. Information on product’s end-of-life management is publicly available for the lifetime of the product, including all information required under Directive 2012/19/EU. For each type of new product placed for the first time on the Union market, the operator of the activity shares, free of charge, relevant information with centres which prepare for re-use and treatment and recycling facilities through Information for Recyclers Platform (8) or through another relevant channel in accordance with Article 15(1) of Directive 2012/19/EU. Dismantling information includes the sequence of dismantling steps, tools or technologies needed to access the targeted component. 2.4.2. For electrical and electronic equipment containing printed circuit boards, hard disc drives (HDDs), electric motors, permanent magnets, batteries, fluorescent powders, or any other components identified in Union legislation to be of high critical raw materials recovery potential, the information on product’s end-of-life management referred to under point 2.4.1 includes an indication of the critical raw materials (9) typically contained in the components, information on the location of those components, and on the steps required for their separate removal. 2.4.3. The activity provides tracking information on substances identified as substance of very high concern (SVHC) and for substances meeting the criteria for substance of very high concern (SVHC), by complying with at least one of the two disclosure frameworks listed below: (a) product information on substances is available publicly, in SCIP database (10) for products that contain > 0,1 % (w/w) of an identified substance of very high concern or in a specific public tool provided by company; (b) product information on substances is available publicly, following IEC62474 (11) (for electrical and electronic equipment) and future IEC82474-1 (12) (dual logo project). 2.5. Design for recyclability The economic activity manufactures products with demonstrated superior recyclability. Assessment of recyclability relies on EN 45555:2019 (13) or on any product-specific EN standard relying on EN 45555:2019. The economic activity complies with the following requirements: (a) single polymer or recyclable polymer blends are used; (b) plastic enclosures do not contain moulded-in or glue-on metal; (c) materials which cannot be recycled together are easy to access and have the ability to be separated; (d) improving recyclability does not harm the durability of the system itself; (e) parts of the product containing substances, mixtures and components that are to be removed during depollution are easy to identify, such as through marking for sorting provided by the manufacturer, and visible on the product; (f) printed circuit boards, hard disc drives (HDDs), electric motors, permanent magnets, batteries, fluorescent powders, or any other components identified in Union legislation to be of high critical raw materials recovery potential are easy to access and to remove from the product; (g) parts that reduce the recyclability according to the reference scenario for the end-of-life treatment of products, such as plastic using certain fillers or certain flame retardants, are easy to access and remove; (h) joining, fastening or sealing techniques do not prevent the safe and readily achievable removal of the components specified in Directive 2012/19/EU or in Regulation (EU) 2023/1542 of the European Parliament and of the Council on batteries and waste batteries (14), where present. 2.6. Proactive substitution of hazardous substances 2.6.1. The economic activity manufactures products which demonstrate proactive substitution of hazardous substances. 2.6.2. The product does not contain substances of very high concern included in Annex XIV to Regulation (EC) No 1907/2006. 2.6.3. Exemptions to Restrictions of Hazardous Substances are limited to the following cases: (a) lead in high melting temperature type solders covered by the exemption entry 7(a) in Annex III to Directive 2011/65/EU; (b) electrical and electronic components containing lead in a glass or ceramic covered by the exemption entries under 7(c) in Annex III to Directive 2011/65/EU. 2.6.4. The hazardous substances specified in table below are not introduced to or formed in the specified sub-assemblies and component parts at or above the specified concentration limit. | ||
| Substance group | Scope of restriction | Concentration limits (where applicable) |
| (i) Polymer stabilisers, colourants and contaminant | The following organotin stabiliser compounds are not present in external cables: Dibutyltin oxide Dibutyltin diacetate Dibutyltin dilaurate Dibutyltin maleate Dioctyl tin oxide Dioctyl tin dilaurate External housing do not contain the following colourants: Azo dyes that may cleave to the carcinogenic aryl amines listed in Appendix 8 of the Regulation (EC) No 1907/2006, or Colourant compounds included in the IEC 62474 declarable substances list. | N/A |
| (ii) Polymer stabilisers, colourants and contaminant | Polycyclic Aromatic Hydrocarbons (PAHs) are not present at concentrations greater than or equal to individual and sum total concentration limits in any external plastic or man-made rubber surfaces. The presence and concentration of the following PAHs is verified: PAHs restricted by the Regulation (EC) No 1907/2006: Benzo[a]pyrene Benzo[e]pyrene Benzo[a]anthracene Chrysen Benzo[b]fluoranthene Benzo[j]fluoranthene Benzo[k]fluoranthene Dibenzo[a,h]anthracene Additional PAHs subject to restriction: Acenaphthene Acenaphthylene Anthracene Benzo[ghi]perylene Fluoranthene Fluorene Indeno[1,2,3-cd]pyrene Naphthalene Phenanthrene Pyrene | The individual concentration limits for PAHs restricted under Regulation (EC) No 1907/2006 is 1 mg/kg The sum total concentration limit for the 18 listed PAHs is not greater than 10 mg/kg |
| (iii) Biocidal products | Biocidal products intended to provide an anti-bacterial function Derogation for materials sold in hospitals and for healthcare applications | N/A |
| (v) Glass fining agents | Arsenic and its compounds is not used in the manufacturing of LCD display unit glass and screen cover glass. | 0,0050 % w/w |
| (vi) Chlorine-based plastics | Plastic parts > 25 g do not contain chlorinated polymers. Note: For this specific sub-requirement, plastic cable housing is not considered as a ‘plastic part’. | N/A |
| 2.6.5. The products do not contain halogen beyond the limits which can be detected in line with the measurement specified in existing standards for all its components: cables (EN IEC 60754-3), plastic parts (EN50642), electronic components (EN IEC 61249-2-21 or JS709C), consumables (EN IEC 61249-2-21 and IPC J-STD-004B). 2.6.6. The products do not contain fluor gas. 2.6.7. Use of Tetrabromobisphenol A (TBBPA) is allowed as reactive component for Printed Circuit Boards only. 2.7. Information to customers: 2.7.1. The operator of the activity provides information to customers regarding options to use the product considering the environmental benefits, in particular the lifetime extension of the products associated with the different modes of the product. 2.7.2. The operator of the activity provides information to customers regarding the buy-back, sell-back and take-back options for the product, information on separate collection and collection points for waste electrical and electronic equipment (WEEE), as well as information on re-use options. For portable batteries, information is provided on separate collection and collection points for waste batteries. 2.7.3. For electrical and electronic equipment, the operator of the activity appropriately marks the product with the symbol indicating separate collection for waste electrical and electronic equipment as set out in Annex IX to the Directive 2012/19/EU. The operator of the activity provides the consumer with relevant information on costs of collection, treatment and disposal of the product in an environmentally sound way as set out in Article 14(1) of that Directive. 2.8. Producer responsibility: 2.8.1. The operator of the activity, when placing electrical and electronic equipment on the market of the Member States, establishes an individual extended producer responsibility scheme or participates in collective extended producer responsibility schemes in all the Member States in which the product is placed on the market, in line with Directive 2012/19/EU. The financial contributions to the collective schemes are based on eco modulation and cover the costs of separate collection and treatment of WEEE. 2.8.2. For portable batteries, the producer establishes waste portable battery take-back and collection systems, which include collection points, in all Member States in which the product is placed on the market. | ||
| Do no significant harm (‘DNSH’) | ||
| (1) Climate change mitigation | Where the manufactured product contains refrigerants, it complies with the GWP performance laid down in the Regulation (EU) No 517/2014 of the European Parliament and of the Council (15). The activity does not manufacture products containing Sulfur hexafluoride (SF6). Where applicable, the manufactured product does not score lower than the third significantly populated class (16) of energy efficiency in accordance with Regulation (EU) 2017/1369 of the European Parliament and of the Council (17) and delegated acts adopted under that Regulation. | |
| (2) Climate change adaptation | The activity complies with the criteria set out in Appendix A to this Annex. | |
| (3) Sustainable use and protection of water and marine resources | The activity complies with the criteria set out in Appendix B to this Annex. | |
| (5) Pollution prevention and control | The activity complies with criteria set out in Appendix C to this Annex. For manufacturing of portable batteries, batteries comply with the applicable sustainability rules on the placing on the market of batteries in the Union, including restrictions on the use of hazardous substances in batteries, including Regulation (EC) No 1907/2006 and Directive 2006/66/EC of the European Parliament and of the Council (18). | |
| (6) Protection and restoration of biodiversity and ecosystems | The activity complies with the criteria set out in Appendix D to this Annex. | |
| (1) Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel (OJ L 27, 30.1.2010, p. 1). (2) Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices (OJ L 117, 5.5.2017, p. 1). (3) Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices (OJ L 117, 5.5.2017, p. 176). (4) ‘Reparability class’ means a class expressing the capacity of a good to be repaired, based on a method established in accordance with Union law (Article 16 of Regulation (EU) 2017/1369). (5) ‘Professional repairer’ means an operator or undertaking which provides services of repair and professional maintenance of products under this activity. (6) Key spare parts are parts that are used for the repair or refurbishment of a defective product. For products covered by requirements on the availability of spare parts under Directive 2009/125/EC and implementing acts adopted under that Directive, key spare parts are considered to be those listed in Annex to the most recent implementing act for each product group. (7) Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28). (8) I4R Platform (version of 27.6.2023: available at: https://i4r-platform.eu/about/). (9) Critical raw materials are defined as the elements listed in the EU Critical Raw Materials List (established through Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of The Regions, Critical Raw Materials Resilience: Charting a Path towards greater Security and Sustainability (COM(2020) 474 final)) or other relevant Union legislation. (10) Version of 16 June 2023; available at: https://echa.europa.eu/scip-database. (11) IEC 62474 – Material Declaration for Products of and for the Electrotechnical Industry. (12) IEC 82474 – Material declaration – Part 1: General requirements. (13) EN 45555:2019 General methods for assessing the recyclability and recoverability of energy-related products. (14) 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). (15) Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006 (OJ L 150, 20.5.2014, p. 195). (16) The requirement targets the three highest classes of energy efficiency that are populated, in which at least some products are on the market. To understand which classes are the highest populated in which at least some products are on the market, an overview of the available products on the market (based on official data) is provided by European Product Database for Energy Labelling. (17) Regulation (EU) 2017/1369 of the European Parliament and of the Council 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (OJ L 198, 28.7.2017, p. 1). (18) Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC (OJ L 266, 26.9.2006, p. 1). |
2. Water supply, sewerage, waste management and remediation activities
2.1. Phosphorus recovery from waste water
Construction, upgrade, operation and renewal of facilities for recovery of phosphorus from urban waste water treatment plants (WWTP) (aqueous phase and sludge) and from materials (i.e. ashes) after thermal oxidation (i.e. incineration) of sewage sludge.
The economic activity only includes the facilities and processes that make phosphorus recovery possible, not the previous steps, such as waste water treatment or incineration facilities.
The economic activities in this category could be associated with several NACE codes, in particular E37.00, E38.32 and F42.99 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.
| Substantial contribution to the transition to a circular economy | |
|---|---|
| 1. For the process integrated at the waste water treatment plant, covering typically phosphorus salts such as struvite–magnesium ammonium phosphate (NH4MgPO4•6H2O), the phosphorus recovery process recovers at least 15 % of the incoming phosphorus load. Only the harvested material, such as struvite, is counted for the calculation of this threshold. 2. For down-stream recovery after sewage sludge thermal oxidation with chemical phosphorus recovery or after sewage sludge thermal oxidation with thermo chemical phosphorus recovery, the process recovers at least 80 % of the incoming phosphorus load from the respective input material, such as sewage sludge ash. 3. The phosphorus extracted out of the system is used either as a component material in a fertilising product compliant with Regulation (EU) 2019/1009 of the European Parliament and of the Council (1) or national fertiliser legislation where it is more stringent, or in another field of application where the recovered phosphorus fulfils specified functions in accordance with the respective regulations. | |
| Do no significant harm (‘DNSH’) | |
| (1) Climate change mitigation | N/A |
| (2) Climate change adaptation | The activity complies with the criteria set out in Appendix A to this Annex. |
| (3) Sustainable use and protection of water and marine resources | The activity complies with the criteria set out in Appendix B to this Annex. |
| (5) Pollution prevention and control | Key performance parameters, including a mass balance for phosphorus pentoxide (P2O5) and key environmental parameters in relation to the identity and quantity of emissions and waste streams generated, are monitored. |
| (6) Protection and restoration of biodiversity and ecosystems | The activity complies with the criteria set out in Appendix D to this Annex. |
| (1) Regulation (EU) 2019/1009 of the European Parliament and of the Council of 5 June 2019 laying down rules on the making available on the market of EU fertilising products and amending Regulations (EC) No 1069/2009 and (EC) No 1107/2009 and repealing Regulation (EC) No 2003/2003 (OJ L 170, 25.6.2019, p. 1). |
2.2. Production of alternative water resources for purposes other than human consumption
Construction, extension, operation and renewal of facilities for producing reclaimed water (15), facilities for harvesting rain and storm water and facilities for collection and treatment of grey water (16).
These alternative water resources are used to replace water from abstraction or from the drinking water supply systems and can be used for aquifer recharge, irrigation, industrial reuse, recreation and any other municipal use.
The economic activity only includes the facilities and processes that make it possible for the water to be reused, such as facilities for recharging aquifers or surface water storages, and does not include the previous steps, such as primary and secondary steps in the waste water treatment plant or the subsequent steps, necessary for the final reuse of these alternative water resources, such as irrigation systems.
The economic activity does not include desalination (see Section 5.13 of Annex II to Delegated Regulation (EU) 2021/2139).
This economic activity does not include supply of water for the purpose of human consumption (see Section 2.1 of Annex I).
The economic activities in this category could be associated with several NACE codes, in particular E37.00 and F42.9 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.
| Substantial contribution to the transition to a circular economy | |
|---|---|
| 1. For production of reclaimed water, the activity complies with the following criteria: (a) the reclaimed water is suitable for reuse. For use in agriculture, the reclaimed water complies with EU requirements, such as those set out in Regulation (EU) 2020/741 of the European Parliament and of the Council (1) and national legislation. For uses other than agricultural irrigation, the final quality of reclaimed water is fit for purpose and compliant with existing national legislation and standards; (b) the water reuse project has been authorised by the competent authority, in the framework of integrated water management, having as a priority taken into account viable water demand management and efficiency measures, in consultation with the water management authorities. This may be proven by its inclusion in a water management plan or drought management plan. For reuse in agriculture, the assessments of the environmental risks, including those related to the quantitative status of water bodies, are fully taken into account in the risk management plans, required by Regulation (EU) 2020/741. 2. For facilities for harvesting rain and storm water, the activity complies with the following criteria: (a) the resource (rain or storm water) is segregated at source and does not include waste water; (b) the water is suitable for use after proper treatment depending on the level of contamination and subsequent use; (c) the facility is included in an instrument of urban planning or permitting, such as Master Plan or municipal planning. 3. For facilities for collection and treatment of grey waters, the activity complies with the following criteria: (a) the resource (grey water) is segregated at source; (b) the water is suitable for reuse after proper treatment depending on the level of contamination and subsequent reuse; (c) the performance is attested by a building certification or is available in the technical design documents. | |
| Do no significant harm (‘DNSH’) | |
| (1) Climate change mitigation | For the production of reclaimed water, an assessment of the direct GHG emissions from the reuse treatment, has been performed (2). The results are disclosed to investors and clients on demand. |
| (2) Climate change adaptation | The activity complies with the criteria set out in Appendix A to this Annex. |
| (3) Sustainable use and protection of water and marine resources | The activity complies with the criteria set out in Appendix B to this Annex. |
| (5) Pollution prevention and control | For the uses prescribed in the EU Regulation (EU) 2020/741, the activity complies with that Regulation or with applicable national legislation where it is stricter. Aquifer recharge and infiltration of surface runoff waters comply with the Directive 2006/118/EC or with applicable national legislation where it is stricter. |
| (6) Protection and restoration of biodiversity and ecosystems | The activity complies with the criteria set out in Appendix D to this Annex. |
| (1) Regulation (EU) 2020/741 of the European Parliament and of the Council of 25 May 2020 on minimum requirements for water reuse (OJ L 177, 5.6.2020, p. 32). (2) For example, following IPCC guidelines for national GHG inventories for waste water treatment (version of 27.6.2023: https://www.ipccnggip.iges.or.jp/public/2019rf/pdf/5_Volume5/19R_V5_6_Ch06_Wastewater.pdf). |
2.3. Collection and transport of non-hazardous and hazardous waste
Separate collection and transport of non-hazardous and hazardous (17) waste aimed at preparing for re-use (18) or recycling (19), including the construction, operation and upgrade of facilities involved in the collection and transport of such waste, such as civic amenity centres and waste transfer stations, as a means for material recovery.
The economic activities in this category could be associated with several NACE codes, in particular E38.11, E38.12 and F42.9 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.
| Substantial contribution to the transition to a circular economy | |
|---|---|
| 1. All separately collected and transported waste that is segregated at source is intended for preparation for reuse or recycling operations. 2. Source segregated waste consisting of (i) paper and cardboard; (ii) textiles (1); (iii) biowaste; (iv) wood; (v) glass; (vi) waste from electrical and electronic equipment (WEEE); or (vii) any type of hazardous waste is collected separately (i.e. in single fractions) and not commingled with other waste streams. For source segregated non-hazardous waste other than the fractions mentioned above, collection in commingled fractions takes place only where it meets one of the conditions laid down in Article 10, paragraph 3, indents (a), (b) or (c) of Directive 2008/98/EC of the European Parliament and of the Council (2). Different types of hazardous waste may be placed together in a hazardous waste box, cabinet or similar solution under the condition that each waste type is properly packaged to keep the waste separate in the box or cabinet and that hazardous waste is sorted in waste types after collection from households. 3. For municipal waste streams, the activity complies with one of the following criteria: (a) the activity carries out municipal solid waste collection mainly via door-to-door collection schemes or supervised collection points to ensure a high level of separate collection and low rates of contamination; (b) the activity carries out separate waste collection within publicly organised waste management systems where waste producers are charged based on a pay-as-you-throw (PAYT) mechanism, at least for the residual waste stream or there are other types of economic instruments in place that incentivise waste segregation at source (3); (c) the activity carries out separate waste collection outside of publicly organised waste management systems that apply deposit and refund systems or other types of economic instruments that directly incentivise waste segregation at source. 4. The activity continuously monitors and assesses the quantity and quality of wastes collected based on predefined Key Performance Indicators (KPIs) to comply with all of the following criteria: (a) fulfilling reporting obligations vis-a-vis relevant stakeholders, such as public authorities, Extended Producer Responsibility (EPR) schemes; (b) periodically communicating relevant information to waste producers and the public in general, in cooperation with relevant stakeholders, such as public authorities, EPR schemes; (c) identifying needs for and undertaking corrective action where the KPIs deviate from applicable targets or benchmarks, in cooperation with relevant stakeholders, such as public authorities, EPR schemes, value chain partners. | |
| Do no significant harm (‘DNSH’) | |
| (1) Climate change mitigation | N/A |
| (2) Climate change adaptation | The activity complies with the criteria set out in Appendix A to this Annex. |
| (3) Sustainable use and protection of water and marine resources | The activity complies with the criteria set out in Appendix B to this Annex. |
| (5) Pollution prevention and control | 1. The activity utilises waste collection vehicles which conform to at least Euro V standards (4). 2. Hazardous waste is collected separately from non-hazardous waste to prevent cross-contamination. Appropriate measures are taken to ensure that during separate collection and transport, hazardous waste is not mixed either with other categories of hazardous waste or with other waste, substances or materials. Mixing includes the dilution of hazardous substances. 3. Proper collection and handling prevent leakage of hazardous waste during collection, transport, storage and delivery to the treatment facility permitted to treat hazardous waste. 4. Hazardous waste is packaged and labelled in accordance with the international and Union standards in force in the course of collection, transport and temporary storage. 5. The operator collecting hazardous waste complies with record-keeping obligations, including as regards quantity, nature, origin, destination, frequency of collection, mode of transport and treatment method, set out in applicable Union and national legislation 6. For waste from electrical and electronic equipment (WEEE): (a) the main categories of end-of-life electrical and electronic equipment (EEE) set out in Annex III to Directive 2012/19/EU are collected separately; (b) collection and transport preserve the integrity of WEEE and prevent the leakage of hazardous substances, such as ozone-depleting substances, fluorinated greenhouse gases or mercury contained in fluorescent lamps. 7. A management system is set up by the collection and logistics operator to manage environmental, health and safety risks. |
| (6) Protection and restoration of biodiversity and ecosystems | N/A |
| (1) This includes textiles, clothes/wearing apparel, footwear and accessories, such as belts or hats. (2) Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3). (3) See European Commission ‘Guidance for separate collection of municipal waste’, Section 3.1 (Economic incentives), available at: https://op.europa.eu/en/publication-detail/-/publication/bb444830-94bf-11ea-aac4-01aa75ed71a1. (4) In accordance with Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1). |
2.4. Treatment of hazardous waste
Construction, upgrade, and operation of dedicated facilities for the treatment of hazardous waste as a means for material recovery operations.
This economic activity covers both in situ and ex situ material recovery operations of waste classified as hazardous waste in accordance with the European List of Waste established by Commission Decision 2000/532/EC (20) and in accordance with Annex III to Directive 2008/98/EC. This includes the following streams:
(a) solvent reclamation or regeneration;
(b) regeneration of acids and bases;
(c) recycling or reclamation of inorganic materials other than metals or metal compounds;
(d) recovery of components used for pollution abatement;
(e) recovery of components from catalysts;
(f) re-refining of oil lubricants and other industrial waste oils (excluding for use as fuel or incineration).
The economic activity does not include the reuse of substances that do not qualify as waste, such as by-products or residues from production activities, in accordance with Article 5 of Directive 2008/98/EC.
The economic activity does not include recovery of materials from batteries, Waste from Electrical and Electronic Equipment (WEEE), End-of-Life Vehicles (ELV), inorganic materials from incineration processes, such as ashes, slags or dust. The economic activity does not include the treatment and recovery of nuclear waste.
The economic activities in this category could be associated with several NACE codes, in particular E38.22, E38.32, F42.9 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.
| Substantial contribution to the transition to a circular economy | |
|---|---|
| 1. The activities consist of the material recovery of secondary raw materials (including chemical substances and critical raw materials) from source segregated hazardous waste. 2. The recovered materials are substituting primary raw materials, including critical raw materials, or chemicals in production processes (1). 3. The recovered materials comply with the applicable industry specifications, harmonised standards, or end-of-waste criteria, as well as relevant applicable Union and national legislation. | |
| Do no significant harm (‘DNSH’) | |
| (1) Climate change mitigation | The activity, on a life-cycle basis, does not increase GHG emissions as compared to the production based on the equivalent primary raw material(s). Life-cycle greenhouse gas emissions are calculated using Recommendation 2013/179/EU or, alternatively, using ISO 14067:2018 (2) or ISO 14064-1:2018 (3). Quantified life-cycle GHG emissions are verified by an independent third party. |
| (2) Climate change adaptation | The activity complies with the criteria set out in Appendix A to this Annex. |
| (3) Sustainable use and protection of water and marine resources | The activity complies with the criteria set out in Appendix B to this Annex. Relevant techniques are deployed for the protection of water and marine resources, as set out in the best available techniques (BAT) conclusions for waste treatment (4). |
| (5) Pollution prevention and control | All substances, and mixtures recovered comply with the applicable relevant legislation, such as Regulation (EC) No 1907/2006, Regulation (EU) 2019/1021, Regulation (EC) No 1272/2008 and Directive 2008/98/EC. The activity deploys relevant techniques for pollution prevention and control, as set out in the best available techniques (BAT) conclusions for waste treatment (5). The activity meets the relevant associated emission limits (BAT-AELs). |
| (6) Protection and restoration of biodiversity and ecosystems | The activity complies with the criteria set out in Appendix D to this Annex. |
| (1) Production processes refer to any kind of economic activity that produces a material, product or asset; recovered materials refer to the output of the recovery process. (2) ISO 14067:2018(en), Greenhouse gases – Carbon footprint of products – Requirements and guidelines for quantification (version of 27.6.2023: https://www.iso.org/obp/ui#iso:std:iso:14067:ed-1:v1:en). (3) ISO 14064-1:2018(en), Greenhouse gases – Part 1: Specification with guidance at the organisation level for quantification and reporting of greenhouse gas emissions and removals (version of 27.6.2023: https://www.iso.org/obp/ui/#iso:std:iso:14064:-1:en). (4) Commission Implementing Decision (EU) 2018/1147 of 10 August 2018 establishing best available techniques (BAT) conclusions for waste treatment, under Directive 2010/75/EU of the European Parliament and of the Council (OJ L 208, 17.8.2018, p. 38). (5) Implementing Decision (EU) 2018/1147. |
2.5. Recovery of bio-waste by anaerobic digestion or composting
Construction and operation of facilities for the treatment of separately collected bio-waste through anaerobic digestion or composting with the resulting production and utilisation of biogas, biomethane, digestate, compost or chemicals.
The economic activities in this category could be associated with several NACE codes, in particular E38.21 and F42.9 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.
| Substantial contribution to the transition to circular economy | |
|---|---|
| 1. The bio-waste that is used for anaerobic digestion or composting is source segregated and collected separately. Where bio-waste is collected in biodegradable bags, the bags have the appropriate compostable certification standard EN 13432:2000 (1). 2. In these anaerobic digestion plants, source segregated bio-waste from separate collection constitutes at least 70 % of the input feedstock, measured in weight, as an annual average. Co-digestion may cover up to 30 % of the input feedstock of advanced bioenergy feedstock listed in Annex IX to Directive (EU) 2018/2001, which may not include contaminated feedstock coming from biomass fraction of mixed municipal and industrial waste. The input does not include feedstock excluded in Part II of Annex II to Regulation (EU) 2019/1009, for Component Material Category (CMC) 3 (Compost) in accordance with point (c) of that category and for Component Material Category (CMC) 5 (Digestate other than fresh crop digestate) in accordance with point (c) of that category. 3. The activity produces one of the following: (a) compost or digestate complying with Regulation (EU) 2019/1009, in particular with requirements of Annex II on the Component Material Categories (CMC), referring specifically to CMC 3 (Compost) and CMC 5 (Digestate other than fresh crop digestate) or with national rules on fertilisers or soil improvers, with equal or stricter requirements compared to those of Regulation 2019/1009; (b) chemicals through the conversion of organic waste to carboxylates, carboxylic acids or polymers by fermentation with mixed cultures. 4. Quality assurance of the production process is performed using Module D1 set out in Regulation (EU) 2019/1009. 5. Compost and digestate complying with Regulation (EU) 2019/1009 or equivalent national rules is not landfilled. The digestate is preferably composted after anaerobic digestion to maximise benefits to the soil it is applied to afterwards, and minimises some potential agro-environmental issues such as release of ammonia and nitrates. 6. Where anaerobic digestion is installed, the produced biogas is used directly for the generation of electricity or heat, upgraded to bio-methane for use as a fuel, directly injected in the gas grid and further used for energy purposes by replacing natural gas, used as industry feedstock to produce other chemicals or converted into hydrogen for use as a fuel. | |
| Do no significant harm (‘DNSH’) | |
| (1) Climate change mitigation | A monitoring and contingency plan is in place to minimise methane leakage at the facility. |
| (2) Climate change adaptation | The activity complies with the criteria set out in Appendix A to this Annex. |
| (3) Sustainable use and protection of water and marine resources | The activity complies with the criteria set out in Appendix B to this Annex. |
| (5) Pollution prevention and control | For anaerobic digestion plants treating over 100 tonnes per day and for composting plants treating over 75 tonnes per day, the activity complies with best available techniques (BAT) conclusions for waste treatment (2) or equal or stricter national regulation, in order to reduce emissions to air and to improve the overall environmental performance as well as to select the waste input and to monitor or control the key waste and process parameters. Emissions to air and water are within or lower than the emission levels associated with the best available techniques (BAT-AEL) ranges set for, respectively, anaerobic and aerobic treatment of waste in the latest relevant best available techniques (BAT) conclusions, including the best available techniques (BAT) conclusions for waste treatment (3). For anaerobic digestion, the nitrogen content of the digestate used as fertilisers or soil improver is communicated to the buyer or the entity in charge of taking off the digestate, either in compliance with Regulation (EU) 2019/1009, or with tolerance level ± 25 %. |
| (6) Protection and restoration of biodiversity and ecosystems | The activity complies with the criteria set out in Appendix D to this Annex. |
| (1) EN 13432:2000 Packaging – Requirements for packaging recoverable through composting and biodegradation – Test scheme and evaluation criteria for the final acceptance of packaging. (2) Implementing Decision (EU) 2018/1147. (3) Implementing Decision (EU) 2018/1147. |
2.6. Depollution and dismantling of end-of-life products
Construction, operation and upgrade of facilities dismantling and depolluting complex end-of-life products, movable assets and their components for materials recovery or preparation for re-use of components.
The economic activity includes the dismantling of end-of-life products and movable assets and their components of any type, such as automobiles, ships and electrical and electronic equipment (EEE) for material recovery.
The economic activity does not include the treatment of batteries stemming from separate collection or removed during dismantling and depollution activities, and the demolition and wrecking of buildings and other structures (see Section 3.3 of this Annex).
The economic activities in this category could be associated with several NACE codes, in particular E38.31, E38.32 and E42.99 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.
| Substantial contribution to the transition to a circular economy | |
|---|---|
| 1. The economic activity dismantles and depollutes separately collected waste, in state-of-the-art facilities, from complex end-of-life products, such as automobiles, electrical and electronic equipment (EEE) or ships, in order to: (a) harvest parts and components that are suited for re-use; (b) separate non-hazardous and hazardous waste fractions suited for material recovery including recovery of critical raw materials; (c) remove hazardous substances, mixtures and components, so that these are contained in an identifiable (1) stream or that are an identifiable part of a stream within the treatment process, and send them to facilities permitted for proper treatment including disposal of hazardous waste; (d) enclose documentation of the materials that are sent for further treatment or reuse. 2. The economic activity dismantling and depolluting waste electrical and electronic equipment (WEEE) complies with the requirements set out in Article 8 of Directive 2012/19/EU and in Annexes VII and VIII to that Directive. The economic activity dismantling and depolluting end-of-life vehicles (ELVs) complies with the requirements set out in Article 6 and 7 of Directive 2000/53/EC and in Annex I to that Directive. 3. For the dismantling and depollution of scrap ships, the facility is included in the European List of ship recycling facilities as laid down in Commission Implementing Decision (EU) 2016/2323 (2). For the construction of a new facility or the upgrade of an existing facility which is not yet included in the European List of ship recycling facilities, the facility fulfils all requirements set out in Article 13 of Regulation (EU) No 1257/2013 of the European Parliament and of the Council (3) and has applied to be included in the European List of ship recycling facilities. 4. For the dismantling and depollution of Waste from Electrical and Electronic Equipment (WEEE) and End-of-Life vehicles (ELVs), waste originates from collection points meeting the applicable requirements set by Union (4) and national legislation. | |
| Do no significant harm (‘DNSH’) | |
| (1) Climate change mitigation | N/A |
| (2) Climate change adaptation | The activity complies with the criteria set out in Appendix A to this Annex. |
| (3) Sustainable use and protection of water and marine resources | The activity complies with the criteria set out in Appendix B to this Annex. |
| (5) Pollution prevention and control | 1. The facility is equipped to manage and store safely and in an environmentally sound manner hazardous substances, mixtures and components removed during the depollution operations. 2. For end-of-life vehicles (ELVs), the facility complies with the requirements for sites for storage and treatment, depollution and treatment operations set in Annex I to Directive 2000/53/EC. 3. For waste from electrical and electronic equipment (WEEE), the facility complies with the requirements for proper treatment set out in Article 8 of Directive 2012/19/EU, in particular with the requirements for selective treatment for materials and components of WEEE set out in Annex VII to Directive 2012/19/EU and for storage and treatment operations set out in Annex VIII to Directive 2012/19/EU. The facility complies with normative requirements relevant to its activities for de-pollution set out in the standards EN 50625-1:2014 (5), EN 50625-2-1:2014 (6), EN 50625-2-2:2015 (7), EN 50625-2-3:2017 (8) and EN 50625-2-4:2017 (9). Implementation of such measures can also be demonstrated through compliance with regulatory requirements that are equivalent to those set out in the EN standards mentioned above. For the treatment of WEEE containing volatile fluorocarbons (VFCs) and volatile hydrocarbons (VHCs) and WEEE containing mercury, emissions are within or lower than the emission levels associated with the best available techniques (BAT-AEL) ranges as set out in the best available techniques (BAT) conclusions for waste treatment (10). 4. For ship recycling, the facility complies with the requirements set out in Article 13 of Regulation (EU) No 1257/2013 and is included in the European List of ship recycling facilities established under that Regulation. The facility complies with the requirements set out in Article 7 of that Regulation with regards to the preparation of a ship-specific recycling plan prior to any recycling of a ship. |
| (6) Protection and restoration of biodiversity and ecosystems | The activity complies with the criteria set out in Appendix D to this Annex. |
| (1) A substance, mixture or component is identifiable if it can be monitored to verify environmentally safe treatment. (2) Commission Implementing Decision 2016/2323 establishing the European List of ship recycling facilities pursuant to Regulation (EU) No 1257/2013 of the European Parliament and of the Council on ship recycling (OJ L 345, 20.12.2016, p. 119). (3) Regulation (EU) No 1257/2013 of the European Parliament and of the Council of 20 November 2013 on ship recycling and amending Regulation (EC) No 1013/2006 and Directive 2009/16/EC (OJ L 330, 10.12.2013, p. 1). (4) At Union level, applicable requirements are set for WEEE by Directive 2012/19/EU and for ELVs by Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of life vehicles (OJ L 269, 21.10.2000, p. 34). (5) EN 50625-1:2014 Collection, logistics & Treatment requirements for WEEE – Part 1: General treatment requirements. (6) EN 50625-2-1:2014 Collection, logistics and treatment requirements for WEEE – Part 2-1: Treatment requirements for lamps. (7) EN 50625-2-2:2015 Collection, logistics & Treatment requirements for WEEE – Part 2-2: Treatment requirements for WEEE containing CRTs and flat panel displays. (8) EN 50625-2-3:2017 Collection, logistics & treatment requirements for WEEE – Part 2-3: Treatment requirements for temperature exchange equipment and other WEEE containing VFC and/or VHC. (9) EN 50625-2-4:2017 Collection, logistics & treatment requirements for WEEE – Part 2-4: Treatment requirements for photovoltaic panels. (10) Implementing Decision (EU) 2018/1147. |
2.7. Sorting and material recovery of non-hazardous waste
Construction, upgrade, and operation of facilities for the sorting or recovery of non-hazardous waste streams into high quality secondary raw materials using a mechanical transformation process.
The economic activity does not include sorting and recovery of combustible fractions from mixed residual waste for the production of refuse-derived fuel, such as in mechanical and biological treatment plants.
The economic activities in this category could be associated with several NACE codes, in particular E38.32 and F42.9 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.
| Substantial contribution to the transition to a circular economy | |
|---|---|
| 1. Origin of the feedstock material The non-hazardous waste feedstock originates from one or multiple of the following sources: (a) separately collected and transported waste, including in commingled fractions (1); (b) non-hazardous waste fractions originating from dismantling and depollution activities from end-of-life products; (c) construction and demolition waste from selective demolition or otherwise segregated at source; (d) non-hazardous waste fractions originating from sorting of mixed waste intended for recycling where the facility meets a defined quality criteria of performance and the waste is coming from areas complying with separate collection obligations laid out in Directive 2008/98/EC. 2. Material recovery The activity attains or exceeds existing plant-specific material recovery rates by competent authorities set in applicable waste management plans, permits or contracts or by Extended Producer Responsibility (EPR) schemes. The facility implements internally defined Key Performance Indicators (KPIs) to track performance or attainment of applicable recovery rates. For materials for which separate collection is mandatory, the activity converts at least 50 %, in terms of weight, of the processed separately collected non-hazardous waste into secondary raw materials that are suitable for the substitution of primary raw materials in production processes. 3. Proper management of waste The facility recovering non-hazardous waste has implemented Best Available Techniques (BAT) based on BAT 2 on improving overall environmental performance of the plant set out in the best available techniques (BAT) conclusions for waste treatment (2) including: (a) a waste characterisation procedure and a strict waste acceptance procedure regarding the quality of incoming waste; (b) a tracking system and inventory aiming to track the location and quantity of waste in the plant; (c) an output quality management system to ensure that the output of the waste treatment is in line with applicable quality requirements or standards, using for example existing EN or ISO standards; (d) the relevant waste segregation measures or procedures to ensure that waste, after separation, is kept separated depending on its properties in order to enable easier and environmentally safer storage and treatment; (e) the relevant measures to ensure waste compatibility prior to mixing or blending of waste; (f) the facility has installed the sorting and material recovery technology and processes to meet relevant technical specifications, quality standards or end-of-waste criteria. The activity uses state-of-the-art technologies suited to the waste fractions processed including optical separation by near-infrared spectroscopy or X-ray systems, density separation, magnetic separation or size separation. 4. Quality of secondary raw materials The activity converts or allows the conversion of waste into secondary raw materials, including critical raw materials, that are suitable for the substitution of primary raw materials in production processes. | |
| Do no significant harm (‘DNSH’) | |
| (1) Climate change mitigation | N/A |
| (2) Climate change adaptation | The activity complies with the criteria set out in Appendix A to this Annex. |
| (3) Sustainable use and protection of water and marine resources | The activity complies with the criteria set out in Appendix B to this Annex. |
| (5) Pollution prevention and control | For activities falling under the scope of the best available techniques (BAT) conclusions for waste treatment (3), the activity implements the relevant techniques for pollution prevention and control and meets the relevant associated emission limits (BAT-AELs). Plastics recycling facilities have filtration installed prior to wash discharge that is capable of removing at least 75 % of microplastics > 5 μm. |
| (6) Protection and restoration of biodiversity and ecosystems | The activity complies with the criteria set out in Appendix D to this Annex. |
| (1) In accordance with Article 10(3) of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3) and with the national legislation and waste management plans. (2) Implementing Decision (EU) 2018/1147. (3) Implementing Decision (EU) 2018/1147. |
3. Construction and real estate activities
3.1. Construction of new buildings
The development of construction projects for residential and non-residential buildings by combining financial, technical, and physical means with a view to sell the building upon delivery or at a later date, as well as the construction of complete residential or non-residential buildings, on own account for sale or on a fee or contract basis.
The economic activities in this category could be associated with several NACE codes, in particular F41.1, F41.2 and F43, in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.
| Substantial contribution to the transition to a circular economy | |
|---|---|
| 1. All generated construction and demolition waste is treated in accordance with Union waste legislation and with the full checklist of the EU Construction and Demolition Waste Management Protocol, in particular by setting sorting systems and pre-demolition audits (1). The preparing for re-use (2) or recycling (3) of the non-hazardous construction and demolition waste generated on the construction site is at least 90 % (by mass in kilogrammes), excluding backfilling (4). This excludes naturally occurring material referred to in category 17 05 04 in the European List of Waste established by Decision 2000/532/EC. The operator of the activity demonstrates compliance with the 90 % threshold by reporting on the Level(s) indicator 2.2 (5) using the Level 2 reporting format for different waste streams. 2. The life-cycle Global Warming Potential (GWP) of the building resulting from the construction has been calculated for each stage in the life cycle and is disclosed to investors and clients on demand (6). 3. Construction designs and techniques support circularity via the incorporation of concepts for design for adaptability and deconstruction as outlined in Level(s) indicators 2.3 and 2.4 respectively. Compliance with this requirement is demonstrated by reporting on the Level(s) indicators 2.3 (7) and 2.4 (8) at Level 2. 4. The use of primary raw material in the construction of the building is minimised through the use of secondary raw materials (9). The operator of the activity ensures that the three heaviest material categories used to construct the building, measured by mass in kilogrammes, comply with the following maximum total amounts of primary raw material used: (a) for the combined total of concrete (10), natural or agglomerated stone, a maximum of 70 % of the material comes from primary raw material; (b) for the combined total of brick, tile, ceramic, a maximum of 70 % of the material comes from primary raw material; (c) for bio-based materials (11), a maximum of 80 % of the total material comes from primary raw material; (d) for the combined total of glass, mineral insulation, a maximum of 70 % of the total material comes from primary raw material; (e) for non-biobased plastic, a maximum of 50 % of the total material comes from primary raw material; (f) for metals, a maximum of 30 % of the total material comes from primary raw material; (g) for gypsum, a maximum of 65 % of the material comes from primary raw material. The thresholds are calculated by subtracting the secondary raw material from the total amount of each material category used in the works measured by mass in kilogrammes. Where the information on the recycled content of a construction product is not available, it is to be counted as comprising 100 % primary raw material. In order to respect the Waste Hierarchy and thereby favour re-use over recycling, re-used construction products, including those containing non-waste materials reprocessed on site, are to be counted as comprising zero primary raw material. Compliance with this criterion is demonstrated by reporting in accordance with the Level(s) indicator 2.1 (12). 5. The operator of the activity uses electronic tools to describe the characteristics of the building as built, including the materials and components used, for the purpose of future maintenance, recovery, and reuse, for example using EN ISO 22057:2022 to provide Environmental Product Declarations (13). The information is stored in a digital format and is made available to investors and clients on demand. In addition, the operator ensures the long-term preservation of this information beyond the useful life of the building by using the information managing systems provided by national tools, such as cadastre or public register. | |
| Do no significant harm (‘DNSH’) | |
| (1) Climate change mitigation | The building is not dedicated to extraction, storage, transport or manufacture of fossil fuels. The Primary Energy Demand (PED) (14) setting out the energy performance of the building resulting from the construction does not exceed the threshold set for the nearly zero-energy building (NZEB) requirements in national regulation implementing Directive 2010/31/EU of the European Parliament and of the Council (15). The energy performance is certified using an as built Energy Performance Certificate (EPC). |
| (2) Climate change adaptation | The activity complies with the criteria set out in Appendix A to this Annex. |
| (3) Sustainable use and protection of water and marine resources | Where installed, except for installations in residential building units, the specified water use for the following water appliances are attested by product datasheets, a building certification or an existing product label in the Union, in accordance with the technical specifications laid down in Appendix E to Annex I to Delegated Regulation (EU) 2021/2139: (a) washhand basin taps and kitchen taps have a maximum water flow of 6 litres/min; (b) showers have a maximum water flow of 8 litres/min; (c) WCs, including suites, bowls and flushing cisterns, have a full flush volume of a maximum of 6 litres and a maximum average flush volume of 3,5 litres; (d) urinals use a maximum of 2 litres/bowl/hour. Flushing urinals have a maximum full flush volume of 1 litre. To avoid impact from the construction site, the activity complies with the criteria set out in Appendix B to this Annex. |
| (5) Pollution prevention and control | Building components and materials used in the construction comply with the criteria set out in Appendix C to this Annex. Building components and materials used in the construction that may come into contact with occupiers (16) emit less than 0,06 mg of formaldehyde per m3 of test chamber air upon testing in accordance with the conditions specified in Annex XVII to Regulation (EC) No 1907/2006 and less than 0,001 mg of other categories 1A and 1B carcinogenic volatile organic compounds per m3 of test chamber air, upon testing in accordance with CEN/EN 16516 (17) or ISO 16000-3:2011 (18) or other equivalent standardised test conditions and determination methods (19). Where the new construction is located on a potentially contaminated site (brownfield site), the site has been subject to an investigation for potential contaminants, for example using standard ISO 18400 (20). Measures are taken to reduce noise, dust and pollutant emissions during construction or maintenance works. |
| (6) Protection and restoration of biodiversity and ecosystems | The activity complies with the criteria set out in Appendix D to this Annex. The new construction is not built on one of the following: (a) arable land and crop land with a moderate to high level of soil fertility and below ground biodiversity as referred to the EU LUCAS survey (21); (b) greenfield land of recognised high biodiversity value and land that serves as habitat of endangered species (flora and fauna) listed on the European Red List (22) or the IUCN Red List (23); (c) land matching the definition of forest as set out in national law used in the national greenhouse gas inventory, or where not available, is in accordance with the FAO definition of forest (24). |
| (1) EU Construction and Demolition Waste Management Protocol, Annex F (version of 27.6.2023: https://ec.europa.eu/docsroom/documents/20509/). (2) ‘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. This includes, for instance, the preparation for re-use of certain parts of buildings like roof elements, windows, doors, bricks, stones or concrete elements. A pre-requisite for the preparation for re-use of building elements is usually the selective deconstruction of buildings or other structures. (3) ‘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. (4) ‘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. (5) See Level(s) indicator 2.2: Construction and demolition waste and materials, user manual: introductory briefing, instructions and guidance (Publication version 1.1), https://susproc.jrc.ec.europa.eu/product-bureau//sites/default/files/2021-01/UM3_Indicator_2.2_v1.1_40pp.pdf. For reporting, the Excel spreadsheet available on the Commission website is to be used: Construction and Demolition Waste (CDW) and materials Excel template: for estimating (Level 2) and recording (Level 3) amounts and types of CDW and their final destinations (version 1.1), https://susproc.jrc.ec.europa.eu/product-bureau/product-groups/412/documents. (6) The GWP is communicated as a numeric indicator for each life cycle stage expressed as kgCO2e/m2 (of useful internal floor area) averaged for one year of a reference study period of 50 years. The data selection, scenario definition and calculations are carried out in accordance with EN 15978 (BS EN 15978:2011). The scope of building elements and technical equipment is as defined in the Level(s) common EU framework for indicator 1.2. Following the Level(s) indicator 1.2 reporting format, the indicator is communicated as GWP fossil, GWP biogenic, GWP land use and land use change, as well as the sum of these (GWP overall). Where a national calculation tool exists or is required for making disclosures or for obtaining building permits, the respective tool may be used to provide the required disclosure. Other calculation tools may be used if they fulfil the minimum criteria laid down by the Level(s) common EU framework, see Level(s) indicator 1.2: Lifecycle Global Warming Potential (GWP), user manual: introductory briefing, instructions and guidance (Publication version 1.1), https://susproc.jrc.ec.europa.eu/product-bureau/sites/default/files/2021-01/UM3_Indicator_1.2_v1.1_37pp.pdf. (7) See Level(s) indicator 2.3: Design for adaptability and renovation, user manual: introductory briefing, instruction and guidance (Publication version 1.1), https://susproc.jrc.ec.europa.eu/product-bureau//sites/default/files/2021-01/UM3_Indicator_2.3_v1.1_23pp.pdf. (8) See Level(s) indicator 2.4: Design for deconstruction user manual: introductory briefing, instructions and guidance (Publication version 1.1), https://susproc.jrc.ec.europa.eu/product-bureau/sites/default/files/2021-01/UM3_Indicator_2.4_v1.1_18pp.pdf. (9) For the purposes of the Delegated Act, ‘secondary raw materials’ means materials that have been prepared for re-use or recycled in accordance with Article 3 of the Waste Framework Directive and have ceased to be waste under Article 6 of that Directive. (10) This concerns the material concrete, including its constituent ingredients (for example, aggregates). Any steel reinforcement is excluded since this is a different material which can be accounted for under metals. (11) Bio-based materials are made using biological resources (animals, plants, micro-organisms and derived biomass, including organic waste), as defined in COM(2018) 673. They include conventional bio-based materials made traditionally from biomass (such as wood, cork, natural rubber, paper, textiles, wooden construction materials) and more recently developed materials such as bio-based chemicals or bio-based plastics. (12) See Level(s) indicator 2.1: Bill of Quantities, materials and lifespans, user manual: introductory briefing, instructions and guidance (Publication version 1.1), https://susproc.jrc.ec.europa.eu/product-bureau//sites/default/files/2021-01/UM3_Indicator_2.1_v1.1_34pp.pdf. For reporting, the Excel spreadsheet available on the Commission website is to be used: Bill of Quantities, materials and lifespans Excel template: for estimating (Level 2) and recording (Level 3) purchases of material quantities and costs (version 1.2), https://susproc.jrc.ec.europa.eu/product-bureau/product-groups/412/documents. (13) ISO standard 22057:2022, Sustainability in buildings and civil engineering works – Data templates for the use of environmental product declarations (EPDs) for construction products in building information modelling (BIM) (version of 27.6.2023: https://www.iso.org/standard/72463.html). (14) The calculated amount of energy needed to meet the energy demand associated with the typical uses of a building expressed by a numeric indicator of total primary energy use in kWh/m2 per year and based on the relevant national calculation methodology and as displayed on the Energy Performance Certificate (EPC). (15) Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (OJ L 153, 18.6.2010, p. 13). (16) Applying to paints and varnishes, ceiling tiles, floor coverings, including associated adhesives and sealants, internal insulation and interior surface treatments, such as those to treat damp and mould. (17) CEN/TS 16516: 2013, Construction products – Assessment of release of dangerous substances –Determination of emissions into indoor air. (18) ISO 16000-3:2011, Indoor air – Part 3: Determination of formaldehyde and other carbonyl compounds in indoor air and test chamber air – Active sampling method. (19) The emissions thresholds for carcinogenic volatile organic compounds relate to a 28-day test period. (20) ISO 18400 series on Soil quality – Sampling. (21) JRC ESDCA, LUCAS: Land Use and Coverage Area frame Survey (version of 27.6.2023: https://esdac.jrc.ec.europa.eu/projects/lucas). (22) IUCN, The IUCN European Red List of Threatened Species (version of 27.6.2023: https://www.iucn.org/regions/europe/our-work/biodiversity-conservation/european-red-list-threatened-species). (23) IUCN, The IUCN Red List of Threatened Species (version of 27.6.2023: https://www.iucnredlist.org). (24) Land spanning more than 0,5 hectares with trees higher than five metres and a canopy cover of more than 10 %, or trees able to reach those thresholds in situ. It does not include land that is predominantly under agricultural or urban land use, FAO Global Resources Assessment 2020. Terms and definitions (version of 27.6.2023: http://www.fao.org/3/I8661EN/i8661en.pdf). |
3.2. Renovation of existing buildings
Construction and civil engineering works or preparation thereof.
The economic activities in this category could be associated with several NACE codes, in particular F41 and F43 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.
| Substantial contribution to the transition to a circular economy | |
|---|---|
| 1. All generated construction and demolition waste is treated in accordance with Union waste legislation and the full checklist of the EU Construction and Demolition Waste Management Protocol, in particular by setting sorting systems and pre-demolition audits (1). The preparing for re-use (2) or recycling (3) of the non-hazardous construction and demolition waste generated on the construction site is at least 70 % (by mass in kilogrammes), excluding backfilling (4). This excludes naturally occurring material referred to in category 17 05 04 in the European List of Waste established by Decision 2000/532/EC. The operator of the activity demonstrates compliance with the 70 % threshold by reporting on the Level(s) indicator 2.2 (5) using the Level 2 reporting format for different waste streams. 2. The life cycle Global Warming Potential (GWP) (6) of the building’s renovation works has been calculated for each stage in the life cycle, from the point of renovation, and is disclosed to investors and clients on demand. 3. Construction designs and techniques support circularity via the incorporation of concepts for design for adaptability and deconstruction as outlined in Level(s) indicators 2.3 and 2.4 respectively. The operator of the activity demonstrates compliance with this requirement by reporting on the Level(s) indicators 2.3 (7) and 2.4 (8) at Level 2. 4. At least 50 % of the original building is retained. This is to be calculated based on the gross external floor area retained from the original building using the applicable national or regional measurement methodology, alternatively using the definition of ‘IPMS 1’ contained in the International Property Measurement Standards (9). 5. The use of primary raw material in the renovation of the building is minimised through the use of secondary raw materials (10). The operator of the activity ensures that the three heaviest material categories that have been newly added to the building in the renovation of the building, measured by mass in kilogrammes, comply with the following thresholds regarding the maximum amount of primary raw material used: (a) for the combined total of concrete (11), natural or agglomerated stone, a maximum of 85 % of the material comes from primary raw material; (b) for the combined total of brick, tile, ceramic, a maximum of 85 % of the material comes from primary raw material; (c) for bio-based materials (12), a maximum of 90 % of the material comes from primary raw material; (d) for the combined total of glass, mineral insulation, a maximum of 85 % of the material comes from primary raw material; (e) for non-biobased plastic, a maximum of 75 % of the material comes from primary raw material; (f) for metals, a maximum of 65 % of the material comes from primary raw material; (g) for gypsum, a maximum of 83 % of the material comes from primary raw material. The thresholds are calculated by subtracting the secondary raw material from the total amount of each material category used in the works measured by mass in kilogrammes. Where the information on the recycled content of the construction product is not available, it is to be counted as comprising 100 % primary raw material. In order to respect the Waste Hierarchy and thereby favour re-use over recycling, re-used construction products, including those containing non-waste materials reprocessed on site, are to be counted as comprising zero primary raw material. Compliance with this criterion is demonstrated by reporting in accordance with the Level(s) indicator 2.1 (13). 6. The operator of the activity uses electronic tools to describe the characteristics of the building as built, including the materials and components used, for the purpose of future maintenance, recovery, and reuse, for example using EN ISO22057:2022 to provide Environmental Product Declarations (14). The information is stored in a digital format and is made available to investors and clients on demand. In addition, the operator of the activity ensures the long-term preservation of this information beyond the useful life of the building by using the information managing systems provided by national tools, such as cadastre or public register. | |
| Do no significant harm (‘DNSH’) | |
| (1) Climate change mitigation | The building is not dedicated to extraction, storage, transport or manufacture of fossil fuels. |
| (2) Climate change adaptation | The activity complies with the criteria set out in Appendix A to this Annex. |
| (3) Sustainable use and protection of water and marine resources | Where installed as part of the renovation works, except for renovation works in residential building units, the specified water use for the following water appliances are attested by product datasheets, a building certification or an existing product label in the Union, in accordance with the technical specifications laid down in Appendix E to Annex I to Delegated Regulation (EU) 2021/2139: (a) wash-hand basin taps and kitchen taps have a maximum water flow of 6 litres/min; (b) showers have a maximum water flow of 8 litres/min; (c) WCs, including suites, bowls and flushing cisterns, have a full flush volume of a maximum of 6 litres and a maximum average flush volume of 3,5 litres; (d) urinals use a maximum of 2 litres/bowl/hour. Flushing urinals have a maximum full flush volume of 1 litre. |
| (5) Pollution prevention and control | Building components and materials used in the construction comply with the criteria set out in Appendix C to this Annex. Building components and materials used in the construction that may come into contact with occupiers (15) emit less than 0,06 mg of formaldehyde per m3 of test chamber air upon testing in accordance with the conditions specified in Annex XVII to Regulation (EC) No 1907/2006 and less than 0,001 mg of other categories 1A and 1B carcinogenic volatile organic compounds per m3 of test chamber air, upon testing in accordance with EN 16516 or ISO 16000-3:2011 (16) or other equivalent standardised test conditions and determination methods. Measures are taken to reduce noise, dust and pollutant emissions during construction or maintenance works. |
| (6) Protection and restoration of biodiversity and ecosystems | N/A |
| (1) EU Construction and Demolition Waste Management Protocol, Annex F (version of 27.6.2023: https://ec.europa.eu/docsroom/documents/20509/). (2) ‘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. This includes, for instance, the preparation for re-use of certain parts of buildings like roof elements, windows, doors, bricks, stones or concrete elements. A pre-requisite for the preparation for re-use of building elements is usually the selective deconstruction of buildings or other structures. (3) ‘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. (4) ‘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. (5) See Level(s) indicator 2.2: Construction and demolition waste and materials, user manual: introductory briefing, instructions and guidance (Publication version 1.1), https://susproc.jrc.ec.europa.eu/product-bureau//sites/default/files/2021-01/UM3_Indicator_2.2_v1.1_40pp.pdf. For reporting, the Excel spreadsheet available on the Commission website is to be used: Construction and Demolition Waste (CDW) and materials Excel template: for estimating (Level 2) and recording (Level 3) amounts and types of CDW and their final destinations (version 1.1), https://susproc.jrc.ec.europa.eu/product-bureau/product-groups/412/documents. (6) The GWP is communicated as a numeric indicator for each life cycle stage expressed as kgCO2e/m2 (of useful internal floor area) averaged for one year of a reference study period of 50 years. The data selection, scenario definition and calculations are carried out in accordance with EN 15978 (BS EN 15978:2011. Sustainability of construction works. Assessment of environmental performance of buildings. Calculation method). The scope of building elements and technical equipment is as defined in the Level(s) common EU framework for indicator 1.2. Where a national calculation tool exists, or is required for making disclosures or for obtaining building permits, the respective tool may be used to provide the required disclosure. Other calculation tools may be used if they fulfil the minimum criteria laid down by the Level(s) common EU framework, see Level(s) indicator 1.2: Lifecycle Global Warming Potential (GWP), user manual: introductory briefing, instructions and guidance (Publication version 1.1), https://susproc.jrc.ec.europa.eu/product-bureau/sites/default/files/2021-01/UM3_Indicator_1.2_v1.1_37pp.pdf. (7) See Level(s) indicator 2.3: Design for adaptability and renovation, user manual: introductory briefing, instruction and guidance (Publication version 1.1), https://susproc.jrc.ec.europa.eu/product-bureau//sites/default/files/2021-01/UM3_Indicator_2.3_v1.1_23pp.pdf. (8) See Level(s) indicator 2.4: Design for deconstruction user manual: introductory briefing, instructions and guidance (Publication version 1.1), https://susproc.jrc.ec.europa.eu/product-bureau/sites/default/files/2021-01/UM3_Indicator_2.4_v1.1_18pp.pdf. (9) International Property Measurement Standards: All Buildings. Published by the International Property Measurement Standards Coalition (IPMSC), https://ipmsc.org/. (10) For the purposes of the Delegated Act, ‘secondary raw materials’ means materials that have been prepared for re-use or recycled in accordance with Article 3 of the Waste Framework Directive and have ceased to be waste under Article 6 of that Directive. (11) This concerns the material concrete, including its constituent ingredients (for example, aggregates). Any steel reinforcement is excluded since this is a different material which can be accounted for under metals. (12) Bio-based materials are made using biological resources (animals, plants, micro-organisms and derived biomass, including organic waste), as defined in COM(2018) 673. They include conventional bio-based materials made traditionally from biomass (such as wood, cork, natural rubber, paper, textiles, wooden construction materials) and more recently developed materials such as bio-based chemicals or bio-based plastics. (13) See Level(s) indicator 2.1: Bill of Quantities, materials and lifespans, user manual: introductory briefing, instructions and guidance (Publication version 1.1), https://susproc.jrc.ec.europa.eu/product-bureau//sites/default/files/2021-01/UM3_Indicator_2.1_v1.1_34pp.pdf. For reporting, the Excel spreadsheet available on the Commission website is to be used: Bill of Quantities, materials and lifespans Excel template: for estimating (Level 2) and recording (Level 3) purchases of material quantities and costs (version 1.2), https://susproc.jrc.ec.europa.eu/product-bureau/product-groups/412/documents. (14) ISO standard 22057:2022, Sustainability in buildings and civil engineering works – Data templates for the use of environmental product declarations (EPDs) for construction products in building information modelling (BIM) (version of April 2022), https://www.iso.org/standard/72463.html. (15) Applying to paints and varnishes, ceiling tiles, floor coverings (including associated adhesives and sealants), internal insulation and interior surface treatments, such as to treat damp and mould. (16) ISO 16000-3:2011, Indoor air – Part 3: Determination of formaldehyde and other carbonyl compounds in indoor air and test chamber air – Active sampling method (version of 27.6.2023: https://www.iso.org/standard/51812.html). |
3.3. Demolition and wrecking of buildings and other structures
The demolition and wrecking of buildings, roads and runways, railways, bridges, tunnels, waste water treatment works, water treatment works, pipelines, wells and boreholes, power-generating plants, chemical plants, dams and reservoirs, mines and quarries, offshore structures, near shore works, ports, waterway works or land formation and reclamation (21).
For projects associated with the activities ‘Construction of New Buildings’ or ‘Renovation of existing buildings’ (see Sections 3.1 and 3.2 of this Annex), where the demolition works and the construction or renovation works are procured under the same contract, the technical screening criteria for the construction or renovation activities apply.
The economic activity does not include the demolition and wrecking of buildings and other structures carried out as part of the activity ‘Remediation of contaminated sites and areas’ (see Section 2.4 of Annex III).
The economic activities in this category could be associated with NACE code F43.1 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.
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