LegalizeRegulation (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
The statistics shall cover the following areas:
(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 (1), 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 (3);
(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 (4);
(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 (5);
(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 (6);
(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 (7);
(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
Member States shall, whilst complying with conditions as to quality and accuracy to be defined in accordance with the second subparagraph, acquire the data necessary for the specification of the characteristics listed in Annexes I and II by means of:
— 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
During a transitional period the Commission may, at the request of a Member State and in accordance with the procedure referred to in Article 7(2), grant derogations from the provisions of Section 5 of Annexes I and II. This transitional period may not exceed:
(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.
However, measures designed to amend non-essential elements of this Regulation, inter alia by supplementing it, relating in particular to the following purposes, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 7(3):
(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
The statistics shall be compiled for all activities classified within the coverage of Sections A to V of NACE (10). 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 | |||
|---|---|---|---|
| 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:
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).
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:
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