THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives(1) and in particular Article 38(1) thereof,
Whereas:
(1) Annex II to Directive 2008/98/EC sets out a non-exhaustive list of recovery operations.
(2) The R1 operation in Annex II to Directive 2008/98/EC applies to waste replacing fuel or other means to generate energy. This includes incineration facilities dedicated to the processing of municipal solid waste only where their energy efficiency meet the threshold established by using the energy efficiency formula (R1 formula) referred to in Annex II to Directive 2008/98/EC.
(3) It results from technical evidence that local climate conditions in the Union influence the amounts of energy that can technically be used or produced in the form of electricity, heating, cooling or processing steam by incineration facilities dedicated to the processing of municipal solid waste.
(4) A report from the Joint Research Centre of the European Commission has shown that in order to achieve a level playing field in the Union it is reasonable to compensate incineration facilities affected by the impact of local climatic conditions with a climate correction factor (CCF) applicable to the R1 formula. Such factor should be based on the reference document on Best Available Techniques for waste incineration.
(5) As a result of the application of a CCF some disposal incineration installations would meet the R1 formula threshold and thus automatically become recovery incineration facilities. Notwithstanding that, the application of such a correction factor should remain an incentive for incineration plants to achieve high efficiency of energy production from waste in line with the objectives and the waste hierarchy laid down in Directive 2008/98/EC.
(6) The CCF applicable to the R1 formula should be based on climatic conditions for the incineration facility location.
(7) Directive 2008/98/EC should therefore be amended accordingly.
(8) The measures provided for in this Directive are in accordance with the opinion of the Committee established by Article 39 of Directive 2008/98/EC,
HAS ADOPTED THIS DIRECTIVE: