Commission Regulation (EU) No 1179/2012

of 10 December 2012

establishing criteria determining when glass cullet ceases to be waste under Directive 2008/98/EC of the European Parliament and of the Council

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 Directives1 and in particular Article 6(2) thereof,

Whereas:

(1)

It results from an evaluation of several waste streams that recycling markets for glass cullet would benefit from the development of specific criteria determining when glass cullet obtained from waste ceases to be waste. Those criteria should ensure a high level of environmental protection. They should be without prejudice to the classification of glass cullet as waste by third countries.

(2)

Reports of the Joint Research Centre of the European Commission have shown that a market and demand exist for glass cullet to be used as feedstock in the glass producing industry. Glass cullet should therefore be sufficiently pure and meet the relevant standards or specifications required by the glass producing industry.

(3)

The criteria determining when glass cullet cease to be waste should ensure that cullet resulting from a recovery operation meet the technical requirements of the glass producing industry, comply with existing legislation and standards applicable to products and do not lead to overall adverse environmental or human health impacts. Reports of the Joint Research Centre of the European Commission have shown that the proposed criteria on the waste used as input in the recovery operation, on the treatment processes and techniques, as well as on the glass cullet resulting from the recovery operation fulfil those objectives as they should result in the generation of cullet devoid of hazardous properties and sufficiently free of non-glass components.

(4)

In order to ensure compliance with the criteria, it is appropriate to provide that information on glass cullet which has ceased to be waste is issued and that a management system is implemented.

(5)

In order to allow operators to adapt to the criteria determining when glass cullet ceases to be waste, it is appropriate to provide for a reasonable period to elapse before this Regulation applies.

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 39 of Directive 2008/98/EC,

HAS ADOPTED THIS REGULATION: