Regulation (EC) No 2150/2002 of the European Parliament and of the Council of 25 November 2002 on waste statistics (Text with EEA relevance)

Article 1

Objective

• (a) Generation of waste according to Annex I;

• (b) Recovery and disposal of waste according to Annex II;

• (c) After the pilot studies according to Article 5: import and export of waste for which no data is collected under Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community ([^E0001]), in accordance with Annex III.

Article 2

Definitions

For the purposes and within the framework of this Regulation:

• (a) ‘waste’ shall mean any substance or object as defined in Article 1(a) of Council Directive 75/442/EEC of 15 July 1975 on waste ([^E0003]);

• (b) ‘separately collected fractions of waste’ shall mean household and similar waste, selectively collected in homogeneous fractions by public services, non-profit organisations and private enterprises acting in the field of organised waste collection;

• (c) ‘recycling’ shall have the same meaning as in the definition given in Article 3(7) of European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste ([^E0004]);

• (d) ‘recovery’ shall mean any of the operations provided for in Annex II.B to Directive 75/442/EEC;

• (e) ‘disposal’ shall mean any of the operations provided for in Annex II.A to Directive 75/442/EEC;

• (f) ‘recovery or disposal facility’ shall mean a facility that requires a permit or registration pursuant to Articles 9, 10 or 11 of Directive 75/442/EC;

• (g) ‘hazardous waste’ shall mean any waste as defined in Article 1(4) of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste ([^E0005]);

• (h) ‘non-hazardous waste’ shall mean waste which is not covered by point (g);

• (i) ‘incineration’ shall mean thermal treatment of waste in an incineration plant as defined in Article 3(4) or a co-incineration plant as defined in Article 3(5) of Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste ([^E0006]);

• (j) ‘landfill’ shall mean a waste disposal site as defined in Article 2(g) of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste ([^E0007]);

• (k) ‘capacity of waste incineration facilities’ shall mean the maximum capacity to incinerate waste, in tonnes per annum or in gigajoules;

• (l) ‘capacity of waste recycling facilities’ shall mean the maximum capacity to recycle waste, in tonnes per annum;

• (m) ‘capacity of landfills’ shall mean the remaining capacity (at the end of the data reference year) of the landfill facility to dispose of waste in the future, measured in cubic metres;

• (n) ‘capacity of other disposal facilities’ shall mean the capacity of the facility to dispose of waste, measured in tonnes per annum.

Article 3

Collection of data

• — surveys,

• — administrative or other sources, such as the reporting obligations under Community legislation on waste management,

• — statistical estimation procedures on the basis of samples or waste-related estimators, or

• — a combination of these means.

The quality and accuracy conditions shall be defined by the Commission. Those measures, designed to amend non-essential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 7(3).

In order to reduce response burdens, the national authorities and the Commission shall, subject to the limits and the conditions fixed by each Member State and by the Commission in their respective fields of competence, have access to administrative data sources.

Article 4

Transitional period

• (a) two years after the entry into force of this Regulation, for the production of results relating to Section 8(1)(1), Item 16 (Services activities) of Annex I and to Section 8(2) of Annex II;

• (b) three years after the entry into force of this Regulation, for the production of results relating to Section 8(1)(1), Items 1 (Agriculture, hunting and forestry) and 2 (Fisheries) of Annex I.

The Commission shall finance up to 100 % of the costs for conducting the pilot studies. On the basis of the conclusions of the pilot studies, the Commission shall adopt the necessary implementing measures. Those measures, designed to amend non-essential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 7(3) of this Regulation.

Article 5

Import and export of waste

Article 6

Implementing measures

In particular, these shall include measures:

• (a) for the production of results in accordance with Article 3(2), (3) and (4), taking into account the economic structures and technical conditions in a Member State. Such measures may allow an individual Member State not to report certain items in the breakdown, provided the impact on the quality of the statistics is proven to be limited. In all cases where exemptions are given, the total amount of waste for each item listed in Sections 2(1) and 8(1) of Annex I shall be compiled;

• (b) for setting out the appropriate format for the transmission of results by Member States within two years from the date of entry into force of this Regulation.

• (a) for adjustment to economic and technical developments in the collection and statistical processing of data, as well as the processing and the transmission of results;

• (b) for adaptation of the specifications listed in Annexes I, II and III;

• (c) for the definition of the proper quality evaluation criteria and the contents of the quality reports as referred to in Section 7 of Annexes I and II;

• (d) for implementation of the results of the pilot studies, as specified in Article 4(3) and Article 5(1).

Article 7

Committee procedure

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

Article 8

Report

Article 9

Entry into force

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I

GENERATION OF WASTE

SECTION 1

Coverage

• 1. The statistics shall be compiled for all activities classified within the coverage of Sections A to V of NACE ([^E0010]). These Sections cover all economic activities.

• This Annex also covers:

• (a) waste generated by households;

• (b) waste arising from recovery and/or disposal operations.

• 2.Waste recycled on the site where it was generated shall not be covered by this Annex.

SECTION 2

Waste categories

Statistics on the following waste categories are to be produced:

Aggregates list	Aggregates list	Aggregates list	Aggregates list
	EWC-Stat/Version 4	EWC-Stat/Version 4
Item No		Description	Hazardous/Non-hazardous waste
1	01.1	Spent solvents	Hazardous
2	01.2	Acid, alkaline or saline wastes	Non-hazardous
3	01.2	Acid, alkaline or saline wastes	Hazardous
4	01.3	Used oils	Hazardous
5	01.4, 02, 03.1	Chemical wastes	Non-hazardous
6	01.4, 02, 03.1	Chemical wastes	Hazardous
7	03.2	Industrial effluent sludges	Non-hazardous
8	03.2	Industrial effluent sludges	Hazardous
9	03.3	Sludges and liquid wastes from waste treatment	Non-hazardous
10	03.3	Sludges and liquid wastes from waste treatment	Hazardous
11	05	Health care and biological wastes	Non-hazardous
12	05	Health care and biological wastes	Hazardous
13	06.1	Metallic wastes, ferrous	Non-hazardous
14	06.2	Metallic wastes, non-ferrous	Non-hazardous
15	06.3	Metallic wastes, mixed ferrous and non-ferrous	Non-hazardous
16	07.1	Glass wastes	Non-hazardous
17	07.1	Glass wastes	Hazardous
18	07.2	Paper and cardboard wastes	Non-hazardous
19	07.3	Rubber wastes	Non-hazardous
20	07.4	Plastic wastes	Non-hazardous
21	07.5	Wood wastes	Non-hazardous
22	07.5	Wood wastes	Hazardous
23	07.6	Textile wastes	Non-hazardous
24	07.7	Waste containing PCB	Hazardous
25	08 (excl. 08.1, 08.41)	Discarded equipment (excluding discarded vehicles, batteries and accumulators wastes)	Non-hazardous
26	08 (excl. 08.1, 08.41)	Discarded equipment (excluding discarded vehicles, batteries and accumulators wastes)	Hazardous
27	08.1	Discarded vehicles	Non-hazardous
28	08.1	Discarded vehicles	Hazardous
29	08.41	Batteries and accumulators wastes	Non-hazardous
30	08.41	Batteries and accumulators wastes	Hazardous
31	09.1	Animal and mixed food waste	Non-hazardous
32	09.2	Vegetal wastes	Non-hazardous
33	09.3	Animal faeces, urine and manure	Non-hazardous
34	10.1	Household and similar wastes	Non-hazardous
35	10.2	Mixed and undifferentiated materials	Non-hazardous
36	10.2	Mixed and undifferentiated materials	Hazardous
37	10.3	Sorting residues	Non-hazardous
38	10.3	Sorting residues	Hazardous
39	11	Common sludges	Non-hazardous
40	12.1	Mineral waste from construction and demolition	Non-hazardous
41	12.1	Mineral waste from construction and demolition	Hazardous
42	12.2, 12.3, 12.5	Other mineral wastes	Non-hazardous
43	12.2, 12.3, 12.5	Other mineral wastes	Hazardous
44	12.4	Combustion wastes	Non-hazardous
45	12.4	Combustion wastes	Hazardous
46	12.6	Soils	Non-hazardous
47	12.6	Soils	Hazardous
48	12.7	Dredging spoils	Non-hazardous
49	12.7	Dredging spoils	Hazardous
50	12.8, 13	Mineral wastes from waste treatment and stabilised wastes	Non-hazardous
51	12.8, 13	Mineral wastes from waste treatment and stabilised wastes	Hazardous

SECTION 3

Characteristics

Statistics shall be compiled on the following characteristics and breakdowns:

• 1. The quantity of waste generated for each waste category listed in Section 2(1) and for each waste generating activity listed in Section 8(1).

• 1. The population served by a collection scheme for mixed household and similar waste.

SECTION 4

Reporting unit

• 1.The reporting unit to be used for all waste categories is 1 tonne of (normal) wet waste except for the waste categories ‘industrial effluent sludges,’‘common sludges’, ‘sludges and liquid waste from waste treatment’ and ‘dredging spoils’ were the reporting unit is 1 tonne of dry matter.

• 2.The reporting unit for characteristic referred to in Section 3(2) is the percentage of the population served.

SECTION 5

First reference year and periodicity

• 1.The first reference year is the second calendar year following the entry into force of this Regulation.

• 2.The first reference year for waste statistics based on this revision is 2010.

• 3.Member States shall furnish data for every second year after the first reference year.

SECTION 6

Transmission of results to Eurostat

The results shall be transmitted within 18 months of the end of the reference year.

SECTION 7

Report on the coverage and quality of statistics

• 1.For each item listed in Section 8 (activities and households), Member States shall indicate the percentage to which the compiled statistics represent the universe of waste of the respective item. The minimum requirement for the coverage shall be defined by the Commission. These measures, designed to amend non-essential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 7(3).

• 2.Member States shall submit a quality report, indicating the degree of precision for the collected data. A description shall be given on the estimations, aggregations or exclusions, and the way these procedures affect the distribution of waste categories, listed in Section 2(1) by economic activities and households, as referred to in Section 8.

• 3.The Commission shall include the coverage and quality reports in the report provided for in Article 8 of this Regulation.

SECTION 8

Production of results

• 1.The results for the characteristics listed in Section 3(1) are to be compiled for the following:

• 1.1.the following items, as described in terms of NACE:

Item No		Description
1	Section A	Agriculture, forestry and fishing
2	Section B	Mining and quarrying
3	Division 10	Manufacture of food products
3	Division 11	Manufacture of beverages
3	Division 12	Manufacture of tobacco products
4	Division 13	Manufacture of textiles
4	Division 14	Manufacture of wearing apparel
4	Division 15	Manufacture of leather and related products of other materials
5	Division 16	Manufacture of wood and of products of wood and cork, except furniture; manufacture of articles of straw and plaiting materials
6	Division 17	Manufacture of paper and paper products
6	Division 18	Printing and reproduction of recorded media
7	Division 19	Manufacture of coke and refined petroleum products
8	Division 20	Manufacture of chemicals and chemical products
8	Division 21	Manufacture of basic pharmaceutical products and pharmaceutical preparations
8	Division 22	Manufacture of rubber and plastic products
9	Division 23	Manufacture of other non-metallic mineral products
10	Division 24	Manufacture of basic metals
10	Division 25	Manufacture of fabricated metal products, except machinery and equipment
11	Division 26	Manufacture of computer, electronic and optical products
11	Division 27	Manufacture of electrical equipment
11	Division 28	Manufacture of machinery and equipment n.e.c.
11	Division 29	Manufacture of motor vehicles, trailers and semi-trailers
11	Division 30	Manufacture of other transport equipment
12	Division 31	Manufacture of furniture
12	Division 32	Other manufacturing
12	Division 33	Repair, maintenance and installation of machinery and equipment
13	Section D	Electricity, gas, steam and air conditioning supply
14	Division 36	Water collection, treatment and supply
14	Division 37	Sewerage
14	Division 39	Remediation activities and other waste management service activities
15	Division 38	Waste collection, recovery and disposal activities
16	Section F	Construction
17		Service activities:
17	Section G, except class 46.87	Wholesale and retail trade
17	Section H	Transportation and storage
17	Section I	Accommodation and food service activities
17	Section J	Publishing, broadcasting, and content production and distribution activities
17	Section K	Telecommunication, computer programming, consulting, computing infrastructure and other information service activities
17	Section L	Financial and insurance activities
17	Section M	Real estate activities
17	Section N	Professional, scientific and technical activities
17	Section O	Administrative and support service activities
17	Section P	Public administration and defence; compulsory social security
17	Section Q	Education
17	Section R	Human health and social work activities
17	Section S	Arts, sports and recreation
17	Section T	Other service activities
17	Section U	Activities of households as employers; undifferentiated goods- and services producing activities of households for own use
17	Section V	Activities of extraterritorial organisations and bodies
18	Class 46.87	Wholesale of waste and scrap

• 1.2.households

Item No		Description
19		Waste generated by households

• 2.For economic activities, statistical units are local units or kind-of-activity units, as defined in Council Regulation (EEC) No 696/93 ([^E0011]), according to each Member State’s statistical system.

• In the quality report, to be produced under Section 7, a description of how the chosen statistical unit affects the groupings of NACE data distribution should be included.

ANNEX II

RECOVERY AND DISPOSAL OF WASTE

SECTION 1

Coverage

• 1.The statistics are to be compiled for all recovery and disposal facilities which run any of the operations referred to in Section 8(2) and which belong to or are part of the economic activities according to the groupings of NACE ([^E0012]) referred to in Annex I, Section 8(1.1).

• 2.Facilities whose waste treatment activities are limited to the recycling of waste on the site where the waste was generated, are not covered by this Annex.

SECTION 2

Waste categories

The list of waste categories for which the statistics are to be compiled, according to the recovery or disposal operations as referred to in Section 8(2), are the categories mentioned in Annex I, Section 2(1).

SECTION 3

Characteristics

Statistics shall be compiled on the following characteristics and breakdowns:

Item	Description	Regional level
1	The quantities of waste treated for each waste category listed in Section 2 and for each item of the recovery and disposal operations listed in Section 8(2), excluding recycling of waste on the site where the waste was generated.	National
2	The number and capacity of facilities for item 4 of Section 8(2), with a breakdown for: a) hazardous waste, b) non-hazardous waste and c) inert waste.	National
3	The number of facilities for item 4 of Section 8(2) closed (no more depositing) since the last reference year, with a breakdown for: a) hazardous waste, b) non-hazardous waste and c) inert waste.	National
4	The number of facilities for the recovery and disposal operations listed in Section 8(2), excluding item 5.	NUTS 2
5	The capacity of facilities for the recovery and disposal operations listed in Section 8(2), excluding items 3 and 5.	NUTS 2

SECTION 4

Reporting unit

The reporting unit to be used for all waste categories is 1 tonne of (normal) wet waste except for the waste categories ‘industrial effluent sludges’, ‘common sludges’, ‘sludges and liquid waste from waste treatment’ and ‘dredging spoils’ were the reporting unit is 1 tonne of dry matter.

SECTION 5

First reference year and periodicity

• 1.The first reference year is the second calendar year following the entry into force of this Regulation.

• 2.The first reference year for waste statistics based on this revision is 2010.

• 3.Member States shall furnish data for every second year, after the first reference year, for the facilities which are referred to in Section 8(2).

SECTION 6

Transmission of results to Eurostat

The results shall be transmitted within 18 months of the end of the reference year.

SECTION 7

Report on the coverage and quality of statistics

• 1.For the characteristics listed in Section 3, and for each item amongst the types of operations listed in Section 8(2), Member States shall indicate the percentage to which the compiled statistics represent the universe of waste of the respective item. The minimum requirement for the coverage shall be defined by the Commission. Those measures, designed to amend nonessential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 7(3).

• 2.For the characteristics listed in Section 3 Member States shall submit a quality report, indicating the degree of precision of the collected data.

• 3.The Commission shall include the coverage and quality reports in the report provided for in Article 8 of this Regulation.

SECTION 8

Waste recovery and disposal operations

• 1.The results are to be compiled for each item amongst the types of operations listed in Section 8(2), according to the characteristics referred to in Section 3.

• 2.List of Recovery and Disposal Operations; the codes refer to the codes in Annexes I and II to Directive 2008/98/EC ([^E0013]):

Item No		Types of recovery and disposal operations
Incineration	Incineration	Incineration
1	R1	Use principally as a fuel or other means to generate energy
2	D10	Incineration on land
Recovery operations (excluding energy recovery)	Recovery operations (excluding energy recovery)	Recovery operations (excluding energy recovery)
3a	R2 +	Solvent reclamation/regeneration
3a	R3 +	Recycling/reclamation of organic substances which are not used as solvents (including composting and other biological transformation processes)
3a	R4 +	Recycling/reclamation of metals and metal compounds
3a	R5 +	Recycling/reclamation of other inorganic materials
3a	R6 +	Regeneration of acids or bases
3a	R7 +	Recovery of components used for pollution abatement
3a	R8 +	Recovery of components from catalysts
3a	R9 +	Oil refining or other reuses of oil
3a	R10 +	Land treatment resulting in benefit to agriculture or ecological improvement
3a	R11	Use of wastes obtained from any of the operations numbered R1 to R10
3b		Backfilling
Disposal operations	Disposal operations	Disposal operations
4	D1 +	Deposit into or onto land (e.g. landfill etc.)
4	D5 +	Special engineered landfill (e.g. placement into lined discrete cells which are capped and isolated from one another and the environment etc.)
4	D12	Permanent storage (e.g. emplacement of containers in a mine etc.)
5	D2 +	Land treatment (e.g. biodegradation of liquid or sludgy discards in soils etc.)
5	D3 +	Deep injection (e.g. injection of pumpable discards into wells, salt domes or naturally occurring repositories etc.)
5	D4 +	Surface impoundment (e.g. placement of liquid or sludge discards into pits, pounds or lagoons etc.)
5	D6 +	Release into a water body except seas/oceans
5	D7	Release into seas/oceans including sea-bed insertion

ANNEX III

TABLE OF EQUIVALENCE

as referred to in Article 1(5) of Regulation (EC) No 2150/2002, between EWC-Stat Rev 4 (substance oriented waste statistical nomenclature) and the European list of waste (LoW) established by Commission Decision 2000/532/EC

([^E0014])