Commission Decision of 18 November 2011 establishing rules and calculation methods for verifying compliance with the targets set in Article 11(2) of Directive 2008/98/EC of the European Parliament and of the Council (notified under document C(2011) 8165) (2011/753/EU)

Article 2 General requirements

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

(1)

Member States shall verify compliance with the targets set in Article 11(2) of Directive 2008/98/EC by calculating the weight of the waste streams which are generated and the waste streams which are prepared for reuse, recycled or have undergone other material recovery in 1 calendar year.

(2)

The weight of the waste prepared for reuse, recycled or materially recovered shall be determined by calculating the input waste used in the preparation for reuse or the final recycling or other final material recovery processes. A preparatory operation prior to the submission of the waste to a recovery or disposal operation is not a final recycling or other final material recovery operation. Where waste is collected separately or the output of a sorting plant is sent to recycling or other material recovery processes without significant losses, that waste may be considered the weight of the waste which is prepared for reuse, recycled or has undergone other material recovery.

(3)

The amount of waste prepared for reuse shall be included in the amount of recycled waste and shall not be reported separately.

(4)

Where waste is sent for preparation for reuse, recycling or other material recovery in another Member State, it may only be counted toward the targets of the Member State in which it has been collected.

(5)

Where waste is exported out of the Union for preparation for reuse, recycling or other material recovery, it shall be counted as prepared for reuse, recycled or having undergone other material recovery only where there is sound evidence showing compliance of the shipment with the provisions of Regulation (EC) No 1013/2006 of the European Parliament and of the Council(1), and in particular Article 49(2) thereof.

(6)

Where the target calculation is applied to the aerobic or anaerobic treatment of biodegradable waste, the input to the aerobic or anaerobic treatment may be counted as recycled where that treatment generates compost or digestate which, following any further necessary reprocessing, is used as a recycled product, material or substance for land treatment resulting in benefit to agriculture or ecological improvement.

(1)

OJ L 190, 12.7.2006, p. 1.