CELEX_02008L0098-20240218_EN_TXT

02008L0098 — EN — 18.02.2024 — 004.
002 — 1
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►B DIRECTIVE 2008/98/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 19 November 2008
on waste and repealing certain Directives
(Text with EEA relevance)
(OJ L 312, 22.11.2008, p. 3)
Amended by:
Official Journal
No page date
►M1 Commission Regulation (EU) No 1357/2014 of 18 December 2014 L 365 89 19.12.2014
►M2 Commission Directive (EU) 2015/1127 of 10 July 2015 L 184 13 11.7.2015
►M3 Council Regulation (EU) 2017/997 of 8 June 2017 L 150 1 14.6.2017
►M4 Directive (EU) 2018/851 of the European Parliament and of the L 150 109 14.6.2018
Council of 30 May 2018
►M5 Regulation (EU) 2023/1542 of the European Parliament and of the L 191 1 28.7.2023
Council of 12 July 2023
Corrected by:
►C1 Corrigendum, OJ L 297, 13.11.2015, p. 9 (2015/1127)

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DIRECTIVE 2008/98/EC OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL
of 19 November 2008
on waste and repealing certain Directives
(Text with EEA relevance)
CHAPTER I
SUBJECT MATTER, SCOPE AND DEFINITIONS
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Article 1
Subject matter and scope
This Directive lays down measures to protect the environment and

human health by preventing or reducing the generation of waste, the
adverse impacts of the generation and management of waste and by
reducing overall impacts of resource use and improving the efficiency
of such use, which are crucial for the transition to a circular economy
and for guaranteeing the Union’s long-term competitiveness.
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Article 2
Exclusions from the scope
1. The following shall be excluded from the scope of this Directive:
(a) gaseous effluents emitted into the atmosphere;
(b) land (in situ) including unexcavated contaminated soil and

buildings permanently connected with land;
(c) uncontaminated soil and other naturally occurring material

excavated in the course of construction activities where it is
certain that the material will be used for the purposes of
construction in its natural state on the site from which it was
excavated;
(d) radioactive waste;
(e) decommissioned explosives;
(f) faecal matter, if not covered by paragraph 2(b), straw and other
natural non-hazardous agricultural or forestry material used in
farming, forestry or for the production of energy from such
biomass through processes or methods which do not harm the
environment or endanger human health.
2. The following shall be excluded from the scope of this Directive

to the extent that they are covered by other Community legislation:
(a) waste waters;
(b) animal by-products including processed products covered by Regu

lation (EC) No 1774/2002, except those which are destined for
incineration, landfilling or use in a biogas or composting plant;
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(c) carcasses of animals that have died other than by being slaughtered,
including animals killed to eradicate epizootic diseases, and that are
disposed of in accordance with Regulation (EC) No 1774/2002;
(d) waste resulting from prospecting, extraction, treatment and storage

of mineral resources and the working of quarries covered by
Directive 2006/21/EC of the European Parliament and of the
Council of 15 March 2006 on the management of waste from
extractive industries (1);
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(e) substances that are destined for use as feed materials as defined in
point (g) of Article 3(2) of Regulation (EC) No 767/2009 of the
European Parliament and of the Council (2) and that do not consist
of or contain animal by-products.
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3. Without prejudice to obligations under other relevant Community
legislation, sediments relocated inside surface waters for the purpose of
managing waters and waterways or of preventing floods or mitigating
the effects of floods and droughts or land reclamation shall be excluded
from the scope of this Directive if it is proved that the sediments are
non-hazardous.
4. Specific rules for particular instances, or supplementing those of

this Directive, on the management of particular categories of waste,
may be laid down by means of individual Directives.
Article 3
Definitions
For the purposes of this Directive, the following definitions shall apply:
1. ‘waste’ means any substance or object which the holder discards

or intends or is required to discard;
2. ‘hazardous waste’ means waste which displays one or more of the

hazardous properties listed in Annex III;
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2a. ‘non-hazardous waste’ means waste which is not covered by
point 2;
2b. ‘municipal waste’ means:
(a) mixed waste and separately collected waste from households,

including paper and cardboard, glass, metals, plastics, bio-
waste, wood, textiles, packaging, waste electrical and elec
tronic equipment, waste batteries and accumulators, and
bulky waste, including mattresses and furniture;
(1) OJ L 102, 11.4.2006, p. 15.

(2) Regulation (EC) No 767/2009 of the European Parliament and of the Council
of 13 July 2009 on the placing on the market and use of feed, amending
European Parliament and Council Regulation (EC) No 1831/2003 and
repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC,
Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and
96/25/EC and Commission Decision 2004/217/EC (OJ L 229, 1.9.2009, p. 1).
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(b) mixed waste and separately collected waste from other
sources, where such waste is similar in nature and
composition to waste from households;
Municipal waste does not include waste from production, agri

culture, forestry, fishing, septic tanks and sewage network and
treatment, including sewage sludge, end-of-life vehicles or
construction and demolition waste.
This definition is without prejudice to the allocation of responsi

bilities for waste management between public and private actors;
2c. ‘construction and demolition waste’ means waste generated by

construction and demolition activities;
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3. ‘waste oils’ means any mineral or synthetic lubrication or
industrial oils which have become unfit for the use for which
they were originally intended, such as used combustion engine
oils and gearbox oils, lubricating oils, oils for turbines and
hydraulic oils;
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4. ‘bio-waste’ means biodegradable garden and park waste, food and
kitchen waste from households, offices, restaurants, wholesale,
canteens, caterers and retail premises and comparable waste
from food processing plants;
4a. ‘food waste’ means all food as defined in Article 2 of Regulation

(EC) No 178/2002 of the European Parliament and of the Council
(1) that has become waste;
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5. ‘waste producer’ means anyone whose activities produce waste
(original waste producer) or anyone who carries out pre-
processing, mixing or other operations resulting in a change in
the nature or composition of this waste;
6. ‘waste holder’ means the waste producer or the natural or legal

person who is in possession of the waste;
7. ‘dealer’ means any undertaking which acts in the role of principal

to purchase and subsequently sell waste, including such dealers
who do not take physical possession of the waste;
8. ‘broker’ means any undertaking arranging the recovery or disposal

of waste on behalf of others, including such brokers who do not
take physical possession of the waste;
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9. ‘waste management’ means the collection, transport, recovery
(including sorting), and disposal of waste, including the super
vision of such operations and the after-care of disposal sites,
and including actions taken as a dealer or broker;
(1) Regulation (EC) No 178/2002 of the European Parliament and of the

Council of 28 January 2002 laying down the general principles and
requirements of food law, establishing the European Food Safety
Authority and laying down procedures in matters of food safety (OJ L 31,
1.2.2002, p. 1).
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10. ‘collection’ means the gathering of waste, including the
preliminary sorting and preliminary storage of waste for the
purposes of transport to a waste treatment facility;
11. ‘separate collection’ means the collection where a waste stream is

kept separately by type and nature so as to facilitate a specific
treatment;
12. ‘prevention’ means measures taken before a substance, material or

product has become waste, that reduce:
(a) the quantity of waste, including through the re-use of products

or the extension of the life span of products;
(b) the adverse impacts of the generated waste on the environ

ment and human health; or
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(c) the content of hazardous substances in materials and products;
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13. ‘re-use’ means any operation by which products or components
that are not waste are used again for the same purpose for which
they were conceived;
14. ‘treatment’ means recovery or disposal operations, including prep

aration prior to recovery or disposal;
15. ‘recovery’ means any operation the principal result of which is

waste serving a useful purpose by replacing other materials which
would otherwise have been used to fulfil a particular function, or
waste being prepared to fulfil that function, in the plant or in the
wider economy. Annex II sets out a non-exhaustive list of
recovery operations;
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15a. ‘material recovery’ means any recovery operation, other than
energy recovery and the reprocessing into materials that are to
be used as fuels or other means to generate energy. It includes,
inter alia, preparing for re-use, recycling and backfilling;
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16. ‘preparing for re-use’ means checking, cleaning or repairing
recovery operations, by which products or components of
products that have become waste are prepared so that they can
be re-used without any other pre-processing;
17. ‘recycling’ means any recovery operation by which waste

materials are reprocessed into products, materials or substances
whether for the original or other purposes. It includes the repro
cessing of organic material but does not include energy recovery
and the reprocessing into materials that are to be used as fuels or
for backfilling operations;
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17a. ‘backfilling’ means any recovery operation where suitable non-
hazardous waste is used for purposes of reclamation in excavated
areas or for engineering purposes in landscaping. Waste used for
backfilling must substitute non-waste materials, be suitable for the
aforementioned purposes, and be limited to the amount strictly
necessary to achieve those purposes;
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18. ‘regeneration of waste oils’ means any recycling operation
whereby base oils can be produced by refining waste oils, in
particular by removing the contaminants, the oxidation products
and the additives contained in such oils;
19. ‘disposal’ means any operation which is not recovery even where
the operation has as a secondary consequence the reclamation of
substances or energy. Annex I sets out a non-exhaustive list of
disposal operations;
20. ‘best available techniques’ means best available techniques as

defined in Article 2(11) of Directive 96/61/EC;
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21. ‘extended producer responsibility scheme’ means a set of
measures taken by Member States to ensure that producers of
products bear financial responsibility or financial and organisa
tional responsibility for the management of the waste stage of a
product’s life cycle.
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Article 4
Waste hierarchy
1. The following waste hierarchy shall apply as a priority order in

waste prevention and management legislation and policy:
(a) prevention;
(b) preparing for re-use;
(c) recycling;
(d) other recovery, e.g. energy recovery; and
(e) disposal.
2. When applying the waste hierarchy referred to in paragraph 1,

Member States shall take measures to encourage the options that
deliver the best overall environmental outcome. This may require
specific waste streams departing from the hierarchy where this is
justified by life-cycle thinking on the overall impacts of the generation
and management of such waste.
Member States shall ensure that the development of waste legislation

and policy is a fully transparent process, observing existing national
rules about the consultation and involvement of citizens and stake
holders.
Member States shall take into account the general environmental

protection principles of precaution and sustainability, technical feasi
bility and economic viability, protection of resources as well as the
overall environmental, human health, economic and social impacts, in
accordance with Articles 1 and 13.
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3. Member States shall make use of economic instruments and other
measures to provide incentives for the application of the waste hier
archy, such as those indicated in Annex IVa or other appropriate
instruments and measures.
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Article 5
By-products
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1. Member States shall take appropriate measures to ensure that a
substance or object resulting from a production process the primary aim
of which is not the production of that substance or object is considered
not to be waste, but to be a by-product if the following conditions are
met:
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(a) further use of the substance or object is certain;
(b) the substance or object can be used directly without any further
processing other than normal industrial practice;
(c) the substance or object is produced as an integral part of a

production process; and
(d) further use is lawful, i.e. the substance or object fulfils all relevant
product, environmental and health protection requirements for the
specific use and will not lead to overall adverse environmental or
human health impacts.
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2. The Commission may adopt implementing acts in order to
establish detailed criteria on the uniform application of the conditions
laid down in paragraph 1 to specific substances or objects.
Those detailed criteria shall ensure a high level of protection of the

environment and human health and facilitate the prudent and rational
utilisation of natural resources.
Those implementing acts shall be adopted in accordance with the exa

mination procedure referred to in Article 39(2). When adopting those
implementing acts, the Commission shall take as a starting point the
most stringent and environmentally protective of any criteria adopted
by Member States in accordance with paragraph 3 of this Article and
shall prioritise replicable practices of industrial symbiosis in the devel
opment of the detailed criteria.
3. Where criteria have not been set at Union level under paragraph
2, Member States may establish detailed criteria on the application of
the conditions laid down in paragraph 1 to specific substances or
objects.
Member States shall notify the Commission of those detailed criteria in

accordance with Directive (EU) 2015/1535 of the European Parliament
and of the Council (1) where so required by that Directive.
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Article 6
End-of-waste status
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1. Member States shall take appropriate measures to ensure that
waste which has undergone a recycling or other recovery operation is
considered to have ceased to be waste if it complies with the following
conditions:
(1) Directive (EU) 2015/1535 of the European Parliament and of the Council of
9 September 2015 laying down a procedure for the provision of information
in the field of technical regulations and of rules on Information Society
services (OJ L 241, 17.9.2015, p. 1).
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(a) the substance or object is to be used for specific purposes;
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(b) a market or demand exists for such a substance or object;
(c) the substance or object fulfils the technical requirements for the
specific purposes and meets the existing legislation and standards
applicable to products; and
(d) the use of the substance or object will not lead to overall adverse
environmental or human health impacts.
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2. The Commission shall monitor the development of national end-

of-waste criteria in Member States, and assess the need to develop
Union-wide criteria on this basis. To that end, and where appropriate,
the Commission shall adopt implementing acts in order to establish
detailed criteria on the uniform application of the conditions laid
down in paragraph 1 to certain types of waste.
Those detailed criteria shall ensure a high level of protection of the

environment and human health and facilitate the prudent and rational
utilisation of natural resources. They shall include:
(a) permissible waste input material for the recovery operation;
(b) allowed treatment processes and techniques;
(c) quality criteria for end-of-waste materials resulting from the

recovery operation in line with the applicable product standards,
including limit values for pollutants where necessary;
(d) requirements for management systems to demonstrate compliance

with the end-of-waste criteria, including for quality control and
self-monitoring, and accreditation, where appropriate; and
(e) a requirement for a statement of conformity.

mination procedure referred to in Article 39(2).
When adopting those implementing acts, the Commission shall take

account of the relevant criteria established by Member States in
accordance with paragraph 3 and shall take as a starting point the
most stringent and environmentally protective of those criteria.
3. Where criteria have not been set at Union level under paragraph
2, Member States may establish detailed criteria on the application of
the conditions laid down in paragraph 1 to certain types of waste.
Those detailed criteria shall take into account any possible adverse
environmental and human health impacts of the substance or object
and shall satisfy the requirements laid down in points (a) to (e) of
paragraph 2.
Member States shall notify the Commission of those criteria in

accordance with Directive (EU) 2015/1535 where so required by that
Directive.
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4. Where criteria have not been set at either Union or national level
under paragraph 2 or 3, respectively, a Member State may decide on a
case-by-case basis, or take appropriate measures to verify, that certain
waste has ceased to be waste on the basis of the conditions laid down
in paragraph 1 and, where necessary, reflecting the requirements laid
down in points (a) to (e) of paragraph 2, and taking into account limit
values for pollutants and any possible adverse environmental and
human health impacts. Such case-by-case decisions are not required
to be notified to the Commission in accordance with Directive (EU)
2015/1535.
Member States may make information about case-by-case decisions and

about the results of verification by competent authorities publicly
available by electronic means.
5. The natural or legal person who:
(a) uses, for the first time, a material that has ceased to be waste and
that has not been placed on the market; or
(b) places a material on the market for the first time after it has ceased
to be waste,
shall ensure that the material meets relevant requirements under the
applicable chemical and product related legislation. The conditions
laid down in paragraph 1 have to be met before the legislation on
chemicals and products applies to the material that has ceased to be
waste.
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Article 7
List of waste
►M4 1. The Commission is empowered to adopt delegated acts in

accordance with Article 38a in order to supplement this Directive by
establishing, and reviewing in accordance with paragraphs 2 and 3 of
this Article, a list of waste. ◄ The list of waste shall include hazardous
waste and shall take into account the origin and composition of the
waste and, where necessary, the limit values of concentration of
hazardous substances. The list of waste shall be binding as regards
determination of the waste which is to be considered as hazardous
waste. The inclusion of a substance or object in the list shall not
mean that it is waste in all circumstances. A substance or object
shall be considered to be waste only where the definition in point (1)
of Article 3 is met.
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2. A Member State may consider waste as hazardous waste where,
even though it does not appear as such on the list of waste, it displays
one or more of the properties listed in Annex III. The Member State
shall notify the Commission of any such cases without delay and
provide the Commission with all relevant information. In the light of
notifications received, the list shall be reviewed in order to decide on
its adaptation.
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3. Where a Member State has evidence to show that specific waste
that appears on the list as hazardous waste does not display any of the
properties listed in Annex III, it may consider that waste as non-
hazardous waste. The Member State shall notify the Commission of
any such cases without delay and shall provide the Commission with
the necessary evidence. In the light of notifications received, the list
shall be reviewed in order to decide on its adaptation.
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4. The reclassification of hazardous waste as non-hazardous waste
may not be achieved by diluting or mixing the waste with the aim of
lowering the initial concentrations of hazardous substances to a level
below the thresholds for defining waste as hazardous.
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6. Member States may consider waste as non-hazardous waste in
accordance with the list of waste referred to in paragraph 1.
7. The Commission shall ensure that the list of waste and any review
of this list adhere, as appropriate, to principles of clarity, comprehen
sibility and accessibility for users, particularly small and medium-sized
enterprises (SMEs).
CHAPTER II
GENERAL REQUIREMENTS
Article 8
Extended producer responsibility
1. In order to strengthen the re-use and the prevention, recycling and

other recovery of waste, Member States may take legislative or non-
legislative measures to ensure that any natural or legal person who
professionally develops, manufactures, processes, treats, sells or
imports products (producer of the product) has extended producer
responsibility.
Such measures may include an acceptance of returned products and of

the waste that remains after those products have been used, as well as
the subsequent management of the waste and financial responsibility
for such activities. These measures may include the obligation to
provide publicly available information as to the extent to which the
product is re-usable and recyclable.
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Where such measures include the establishment of extended producer
responsibility schemes, the general minimum requirements laid down in
Article 8a shall apply.
Member States may decide that producers of products that undertake

financial or financial and organisational responsibilities for the
management of the waste stage of a product’s life cycle of their own
accord should apply some or all of the general minimum requirements
laid down in Article 8a.
2. Member States may take appropriate measures to encourage the

design of products and components of products in order to reduce their
environmental impact and the generation of waste in the course of the
production and subsequent use of products, and in order to ensure that
the recovery and disposal of products that have become waste take
place in accordance with Articles 4 and 13.
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Such measures may encourage, inter alia, the development, production
and marketing of products and components of products that are suitable
for multiple use, that contain recycled materials, that are technically
durable and easily reparable and that are, after having become waste,
suitable for preparing for re-use and recycling in order to facilitate
proper implementation of the waste hierarchy. The measures shall
take into account the impact of products throughout their life cycle,
the waste hierarchy and, where appropriate, the potential for multiple
recycling.
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3. When applying extended producer responsibility, Member States
shall take into account the technical feasibility and economic viability
and the overall environmental, human health and social impacts,
respecting the need to ensure the proper functioning of the internal
market.
4. The extended producer responsibility shall be applied without

prejudice to the responsibility for waste management as provided for
in Article 15(1) and without prejudice to existing waste stream specific
and product specific legislation.
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5. The Commission shall organise an exchange of information
between Member States and the actors involved in extended producer
responsibility schemes on the practical implementation of the general
minimum requirements laid down in Article 8a. This includes, inter
alia, exchange of information on best practices to ensure adequate
governance, cross-border cooperation concerning extended producer
responsibility schemes and a smooth functioning of the internal
market, on the organisational features and the monitoring of organis
ations implementing extended producer responsibility obligations on
behalf of producers of products, on the modulation of financial
contributions, on the selection of waste management operators and on
the prevention of littering. The Commission shall publish the results of
the exchange of information and may provide guidelines on these and
other relevant aspects.
The Commission shall publish guidelines, in consultation with Member

States, on cross-border cooperation concerning extended producer
responsibility schemes and on the modulation of financial contributions
referred to in point (b) of Article 8a(4).
Where necessary to avoid distortion of the internal market, the

Commission may adopt implementing acts in order to lay down
criteria with a view to the uniform application of point (b) of
Article 8a(4), but excluding any precise determination of the level of
the contributions. Those implementing acts shall be adopted in
accordance with the examination procedure referred to in Article 39(2).
Article 8a
General minimum requirements for extended producer
responsibility schemes
1. Where extended producer responsibility schemes are established

in accordance with Article 8(1), including pursuant to other legislative
acts of the Union, Member States shall:
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(a) define in a clear way the roles and responsibilities of all relevant
actors involved, including producers of products placing products
on the market of the Member State, organisations implementing
extended producer responsibility obligations on their behalf,
private or public waste operators, local authorities and, where
appropriate, re-use and preparing for re-use operators and social
economy enterprises;
(b) in line with the waste hierarchy, set waste management targets,
aiming to attain at least the quantitative targets relevant for the
extended producer responsibility scheme as laid down in this
Directive, Directive 94/62/EC, Directive 2000/53/EC, Directive
2006/66/EC and Directive 2012/19/EU of the European Parliament
and of the Council (1), and set other quantitative targets and/or
qualitative objectives that are considered relevant for the
extended producer responsibility scheme;
(c) ensure that a reporting system is in place to gather data on the

products placed on the market of the Member State by the
producers of products subject to extended producer responsibility
and data on the collection and treatment of waste resulting from
those products specifying, where appropriate, the waste material
flows, as well as other data relevant for the purposes of point (b);
(d) ensure equal treatment of producers of products regardless of their

origin or size, without placing a disproportionate regulatory burden
on producers, including small and medium-sized enterprises, of
small quantities of products.
2. Member States shall take the necessary measures to ensure that

the waste holders targeted by the extended producer responsibility
schemes established in accordance with Article 8(1), are informed
about waste prevention measures, centres for re-use and preparing for
re-use, take-back and collection systems, and the prevention of littering.
Member States shall also take measures to create incentives for the
waste holders to assume their responsibility to deliver their waste
into the separate collection systems in place, notably, where appro
priate, through economic incentives or regulations.

any producer of products or organisation implementing extended
producer responsibility obligations on behalf of producers of products:
(a) has a clearly defined geographical, product and material coverage

without limiting those areas to those where the collection and
management of waste are the most profitable;
(b) provides an appropriate availability of waste collection systems

within the areas referred to in point (a);
(c) has the necessary financial means or financial and organisational

means to meet its extended producer responsibility obligations;
(1) Directive 2012/19/EU of the European Parliament and of the Council of

4 July 2012 on waste electrical and electronic equipment (WEEE) (OJ L 197,
24.7.2012, p. 38).
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(d) puts in place an adequate self-control mechanism, supported, where
relevant, by regular independent audits, to appraise:
(i) its financial management, including compliance with the

requirements laid down in points (a) and (b) of paragraph 4;
(ii) the quality of data collected and reported in accordance with

point (c) of paragraph 1 of this Article and with the
requirements of Regulation (EC) No 1013/2006;
(e) makes publicly available information about the attainment of the

waste management targets referred to in point (b) of paragraph 1,
and, in the case of collective fulfilment of extended producer
responsibility obligations, also information about:
(i) its ownership and membership;
(ii) the financial contributions paid by producers of products per

unit sold or per tonne of product placed on the market; and
(iii) the selection procedure for waste management operators.

the financial contributions paid by the producer of the product to
comply with its extended producer responsibility obligations:
(a) cover the following costs for the products that the producer puts on
the market in the Member State concerned:
— costs of separate collection of waste and its subsequent

transport and treatment, including treatment necessary to meet
the Union waste management targets, and costs necessary to
meet other targets and objectives as referred to in point (b)
of paragraph 1, taking into account the revenues from re-use,
from sales of secondary raw material from its products and
from unclaimed deposit fees,
— costs of providing adequate information to waste holders in

accordance with paragraph 2,
— costs of data gathering and reporting in accordance with point

(c) of paragraph 1.
This point shall not apply to extended producer responsibility

schemes established pursuant to Directive 2000/53/EC, 2006/66/EC
or 2012/19/EU;
(b) in the case of collective fulfilment of extended producer responsi

bility obligations, are modulated, where possible, for individual
products or groups of similar products, notably by taking into
account their durability, reparability, re-usability and recyclability
and the presence of hazardous substances, thereby taking a life-
cycle approach and aligned with the requirements set by relevant
Union law, and where available, based on harmonised criteria in
order to ensure a smooth functioning of the internal market; and
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(c) do not exceed the costs that are necessary to provide waste
management services in a cost-efficient way. Such costs shall be
established in a transparent way between the actors concerned.
Where justified by the need to ensure proper waste management and

the economic viability of the extended producer responsibility scheme,
Member States may depart from the division of financial responsibility
as laid down in point (a), provided that:
(i) in the case of extended producer responsibility schemes estab

lished to attain waste management targets and objectives estab
lished under legislative acts of the Union, the producers of
products bear at least 80 % of the necessary costs;
(ii) in the case of extended producer responsibility schemes estab

lished on or after 4 July 2018 to attain waste management
targets and objectives solely established in Member State legis
lation, the producers of products bear at least 80 % of the
necessary costs;
(iii) in the case of extended producer responsibility schemes estab

lished before 4 July 2018 to attain waste management targets
and objectives solely established in Member State legislation, the
producers of products bear at least 50 % of the necessary costs,
and provided that the remaining costs are borne by original waste
producers or distributors.
This derogation may not be used to lower the proportion of costs borne
by producers of products under extended producer responsibility
schemes established before 4 July 2018.
5. Member States shall establish an adequate monitoring and en

forcement framework with a view to ensuring that producers of
products and organisations implementing extended producer responsi
bility obligations on their behalf implement their extended producer
responsibility obligations, including in the case of distance sales, that
the financial means are properly used and that all actors involved in the
implementation of the extended producer responsibility schemes report
reliable data.
Where, in the territory of a Member State, multiple organisations

implement extended producer responsibility obligations on behalf of
producers of products, the Member State concerned shall appoint at
least one body independent of private interests or entrust a public
authority to oversee the implementation of extended producer respon
sibility obligations.
Each Member State shall allow the producers of products established in

another Member State and placing products on its territory to appoint a
legal or natural person established on its territory as an authorised
representative for the purposes of fulfilling the obligations of a
producer related to extended producer responsibility schemes on its
territory.
For the purposes of monitoring and verifying compliance with the

obligations of the producer of the product in relation to extended
producer responsibility schemes, Member States may lay down require
ments, such as registration, information and reporting requirements, to
be met by a legal or natural person to be appointed as an authorised
representative on their territory.
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6. Member States shall ensure a regular dialogue between relevant
stakeholders involved in the implementation of extended producer
responsibility schemes, including producers and distributors, private
or public waste operators, local authorities, civil society organisations
and, where applicable, social economy actors, re-use and repair
networks and preparing for re-use operators.
7. Member States shall take measures to ensure that extended

producer responsibility schemes that have been established before
4 July 2018, comply with this Article by 5 January 2023.
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►C3 For batteries, as defined in Article 3(1), point (1), of Regulation
(EU) 2023/1542 of the European Parliament and of the Council (1), ◄
Member States shall take measures to ensure that extended producer
responsibility schemes that have been established before 4 July 2018,
comply with this Article by 18 August 2025.
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8. The provision of information to the public under this Article shall
be without prejudice to preserving the confidentiality of commercially
sensitive information in conformity with the relevant Union and
national law.
Article 9
Prevention of waste
1. Member States shall take measures to prevent waste generation.

Those measures shall, at least:
(a) promote and support sustainable production and consumption

models;
(b) encourage the design, manufacturing and use of products that are
resource-efficient, durable (including in terms of life span and
absence of planned obsolescence), reparable, re-usable and
upgradable;
(c) target products containing critical raw materials to prevent that

those materials become waste;
(d) encourage the re-use of products and the setting up of systems

promoting repair and re-use activities, including in particular for
electrical and electronic equipment, textiles and furniture, as well
as packaging and construction materials and products;
(e) encourage, as appropriate and without prejudice to intellectual

property rights, the availability of spare parts, instruction
manuals, technical information, or other instruments, equipment
or software enabling the repair and re-use of products without
compromising their quality and safety;
(f) reduce waste generation in processes related to industrial

production, extraction of minerals, manufacturing, construction
and demolition, taking into account best available techniques;
(1) Regulation (EU) 2023/1542 of the European Parliament and of the Council
of 12 July 2023 concerning batteries and waste batteries, amending Directive
2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive
2006/66/EC (OJ L 191, 28.7.2023, p. 1).
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(g) reduce the generation of food waste in primary production, in
processing and manufacturing, in retail and other distribution of
food, in restaurants and food services as well as in households as a
contribution to the United Nations Sustainable Development Goal
to reduce by 50 % the per capita global food waste at the retail
and consumer levels and to reduce food losses along production
and supply chains by 2030;
(h) encourage food donation and other redistribution for human

consumption, prioritising human use over animal feed and the
reprocessing into non-food products;
(i) promote the reduction of the content of hazardous substances in

materials and products, without prejudice to harmonised legal
requirements concerning those materials and products laid down
at Union level, and ensure that any supplier of an article as defined
in point 33 of Article 3 of Regulation (EC) No 1907/2006 of the
European Parliament and of the Council (1) provides the
information pursuant to Article 33(1) of that Regulation to the
European Chemicals Agency as from 5 January 2021;
(j) reduce the generation of waste, in particular waste that is not

suitable for preparing for re-use or recycling;
(k) identify products that are the main sources of littering, notably in
natural and marine environments, and take appropriate measures to
prevent and reduce litter from such products; where Member
States decide to implement this obligation through market restric
tions, they shall ensure that such restrictions are proportionate and
non-discriminatory;
(l) aim to halt the generation of marine litter as a contribution towards

the United Nations Sustainable Development Goal to prevent and
significantly reduce marine pollution of all kinds; and
(m) develop and support information campaigns to raise awareness

about waste prevention and littering.
2. The European Chemicals Agency shall establish a database for

the data to be submitted to it pursuant to point (i) of paragraph 1 by
5 January 2020 and maintain it. The European Chemicals Agency shall
provide access to that database to waste treatment operators. It shall
also provide access to that database to consumers upon request.
3. Member States shall monitor and assess the implementation of the

waste prevention measures. For that purpose, they shall use appropriate
qualitative or quantitative indicators and targets, notably on the quantity
of waste that is generated.
4. Member States shall monitor and assess the implementation of

their measures on re-use by measuring re-use on the basis of the

Council of 18 December 2006 concerning the Registration, Evaluation,
Authorisation and Restriction of Chemicals (REACH), establishing a
European Chemicals Agency, amending Directive 1999/45/EC and
repealing Council Regulation (EEC) No 793/93 and Commission Regulation
(EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission
Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396,
30.12.2006, p. 1).
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common methodology established by the implementing act referred to
in paragraph 7, as from the first full calendar year after the adoption of
that implementing act.
5. Member States shall monitor and assess the implementation of

their food waste prevention measures by measuring the levels of food
waste on the basis of the methodology established by the delegated act
referred to in paragraph 8, as from the first full calendar year after the
adoption of that delegated act.
6. By 31 December 2023, the Commission shall examine the data on

food waste provided by Member States in accordance with Article 37
(3) with a view to considering the feasibility of establishing a Union-
wide food waste reduction target to be met by 2030 on the basis of the
data reported by Member States in accordance with the common
methodology established pursuant to paragraph 8 of this Article. To
that end, the Commission shall submit a report to the European
Parliament and to the Council, accompanied, if appropriate, by a legis
lative proposal.
7. The Commission shall adopt implementing acts to establish indi

cators to measure the overall progress in the implementation of waste
prevention measures and shall, by 31 March 2019, adopt an implemen
ting act to establish a common methodology to report on re-use of
products. Those implementing acts shall be adopted in accordance
with the examination procedure referred to in Article 39(2).
8. By 31 March 2019, the Commission shall adopt, on the basis of

the outcome of the work of the EU Platform on Food Losses and Food
Waste, a delegated act in accordance with Article 38a to supplement
this Directive by establishing a common methodology and minimum
quality requirements for the uniform measurement of levels of food
waste.
9. By 31 December 2024, the Commission shall examine data on re-

use provided by Member States in accordance with Article 37(3) with a
view to considering the feasibility of measures to encourage the re-use
of products, including the setting of quantitative targets. The
Commission shall also examine the feasibility of setting other waste
prevention measures, including waste reduction targets. To that end, the
Commission shall submit a report to the European Parliament and to
the Council, accompanied, if appropriate, by a legislative proposal.
Article 10
Recovery

waste undergoes preparing for re-use, recycling or other recovery oper
ations, in accordance with Articles 4 and 13.
2. Where necessary to comply with paragraph 1 and to facilitate or

improve preparing for re-use, recycling and other recovery operations,
waste shall be subject to separate collection and shall not be mixed
with other waste or other materials with different properties.
3. Member States may allow derogations from paragraph 2 provided

that at least one of the following conditions is met:
(a) collecting certain types of waste together does not affect their
potential to undergo preparing for re-use, recycling or other
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recovery operations in accordance with Article 4 and results in
output from those operations which is of comparable quality to
that achieved through separate collection;
(b) separate collection does not deliver the best environmental outcome
when considering the overall environmental impacts of the
management of the relevant waste streams;
(c) separate collection is not technically feasible taking into consider

ation good practices in waste collection;
(d) separate collection would entail disproportionate economic costs

taking into account the costs of adverse environmental and health
impacts of mixed waste collection and treatment, the potential for
efficiency improvements in waste collection and treatment,
revenues from sales of secondary raw materials as well as the
application of the polluter-pays principle and extended producer
responsibility.
Member States shall regularly review derogations under this paragraph

taking into account good practices in separate collection of waste and
other developments in waste management.
4. Member States shall take measures to ensure that waste that has
been separately collected for preparing for re-use and recycling
pursuant to Article 11(1) and Article 22 is not incinerated, with the
exception of waste resulting from subsequent treatment operations of
the separately collected waste for which incineration delivers the best
environmental outcome in accordance with Article 4.
5. Where necessary to comply with paragraph 1 of this Article and

to facilitate or improve recovery, Member States shall take the
necessary measures, before or during recovery, to remove hazardous
substances, mixtures and components from hazardous waste with a
view to their treatment in accordance with Articles 4 and 13.
6. By 31 December 2021, Member States shall submit a report to the

Commission on the implementation of this Article as regards municipal
waste and bio-waste, including on the material and territorial coverage
of separate collection and any derogations under paragraph 3.
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Article 11
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Preparing for re-use and recycling
1. Member States shall take measures to promote preparing for re-

use activities, notably by encouraging the establishment of and support
for preparing for re-use and repair networks, by facilitating, where
compatible with proper waste management, their access to waste held
by collection schemes or facilities that can be prepared for re-use but is
not destined for preparing for re-use by those schemes or facilities, and
by promoting the use of economic instruments, procurement criteria,
quantitative objectives or other measures.
Member States shall take measures to promote high-quality recycling

and, to this end, subject to Article 10(2) and (3), shall set up separate
collection of waste.
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Subject to Article 10(2) and (3), Member States shall set up separate
collection at least for paper, metal, plastic and glass, and, by 1 January
2025, for textiles.
Member States shall take measures to promote selective demolition in

order to enable removal and safe handling of hazardous substances and
facilitate re-use and high-quality recycling by selective removal of
materials, and to ensure the establishment of sorting systems for
construction and demolition waste at least for wood, mineral
fractions (concrete, bricks, tiles and ceramics, stones), metal, glass,
plastic and plaster.
2. In order to comply with the objectives of this Directive, and move

to a European circular economy with a high level of resource effi
ciency, Member States shall take the necessary measures designed to
achieve the following targets:
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(a) by 2020, the preparing for re-use and the recycling of waste
materials such as at least paper, metal, plastic and glass from
households and possibly from other origins as far as these waste
streams are similar to waste from households, shall be increased to
a minimum of overall 50 % by weight;
(b) by 2020, the preparing for re-use, recycling and other material
recovery, including backfilling operations using waste to substitute
other materials, of non-hazardous construction and demolition
waste excluding naturally occurring material defined in category
17 05 04 in the list of waste shall be increased to a minimum of
70 % by weight;
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(c) by 2025, the preparing for re-use and the recycling of municipal
waste shall be increased to a minimum of 55 % by weight;
(d) by 2030, the preparing for re-use and the recycling of municipal
waste shall be increased to a minimum of 60 % by weight;
(e) by 2035, the preparing for re-use and the recycling of municipal
waste shall be increased to a minimum of 65 % by weight.
3. A Member State may postpone the deadlines for attaining the

targets referred to in points (c), (d) and (e) of paragraph 2 by up to
five years provided that that Member State:
(a) prepared for re-use and recycled less than 20 % or landfilled more
than 60 % of its municipal waste generated in 2013 as reported
under the Joint Questionnaire of the OECD and Eurostat; and
(b) at the latest 24 months before the respective deadline laid down in
point (c), (d) or (e) of paragraph 2, notifies the Commission of its
intention to postpone the respective deadline and submits an im
plementation plan in accordance with Annex IVb.
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4. Within three months of receipt of the implementation plan
submitted pursuant to point (b) of paragraph 3, the Commission may
request a Member State to revise that plan if the Commission considers
that the plan does not comply with the requirements set out in Annex
IVb. The Member State concerned shall submit a revised plan within
three months of receipt of the Commission’s request.
5. In the event of postponing the attainment of the targets in

accordance with paragraph 3, the Member State concerned shall take
the necessary measures to increase the preparing for re-use and the
recycling of municipal waste:
(a) to a minimum of 50 % by 2025 in the event of postponing the

deadline for attaining the target referred to in point (c) of
paragraph 2;
(b) to a minimum of 55 % by 2030 in the event of postponing the

deadline for attaining the target referred to in point (d) of
paragraph 2;
(c) to a minimum of 60 % by 2035 in the event of postponing the

deadline for attaining the target referred to in point (e) of
paragraph 2.
6. By 31 December 2024, the Commission shall consider the setting

of preparing for re-use and recycling targets for construction and demo
lition waste and its material-specific fractions, textile waste,
commercial waste, non-hazardous industrial waste and other waste
streams, as well as preparing for re-use targets for municipal waste
and recycling targets for municipal bio-waste. To that end, the
Commission shall submit a report to the European Parliament and to
the Council, accompanied, if appropriate, by a legislative proposal.
7. By 31 December 2028, the Commission shall review the target

laid down in point (e) of paragraph 2. To that end, the Commission
shall submit a report to the European Parliament and to the Council,
accompanied, if appropriate, by a legislative proposal.
The Commission shall assess co-processing technology that allows the

incorporation of minerals in the co-incineration process of municipal
waste. Where a reliable methodology can be found, as part of this
review, the Commission shall consider whether such minerals may be
counted towards recycling targets.
Article 11a
Rules on the calculation of the attainment of the targets
1. For the purpose of calculating whether the targets laid down in

points (c), (d) and (e) of Article 11(2) and in Article 11(3) have been
attained:
(a) Member States shall calculate the weight of the municipal waste
generated and prepared for re-use or recycled in a given calendar
year;
(b) the weight of the municipal waste prepared for re-use shall be
calculated as the weight of products or components of products
that have become municipal waste and have undergone all
necessary checking, cleaning or repairing operations to enable re-
use without further sorting or pre-processing;
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(c) the weight of the municipal waste recycled shall be calculated as
the weight of waste which, having undergone all necessary
checking, sorting and other preliminary operations to remove
waste materials that are not targeted by the subsequent reprocessing
and to ensure high-quality recycling, enters the recycling operation
whereby waste materials are actually reprocessed into products,
materials or substances.
2. For the purposes of point (c) of paragraph 1, the weight of the

municipal waste recycled shall be measured when the waste enters the
recycling operation.
By way of derogation from the first subparagraph, the weight of

municipal waste recycled may be measured at the output of any
sorting operation provided that:
(a) such output waste is subsequently recycled;
(b) the weight of materials or substances that are removed by further

operations preceding the recycling operation and are not
subsequently recycled is not included in the weight of waste
reported as recycled.
3. Member States shall establish an effective system of quality

control and traceability of municipal waste to ensure that the conditions
laid down in point (c) of paragraph 1 of this Article and in paragraph 2
of this Article are met. To ensure the reliability and accuracy of the
data gathered on recycled waste, the system may consist of electronic
registries set up pursuant to Article 35(4), technical specifications for
the quality requirements of sorted waste, or average loss rates for sorted
waste for various waste types and waste management practices respect
ively. Average loss rates shall only be used in cases where reliable data
cannot be obtained otherwise and shall be calculated on the basis of the
calculation rules established in the delegated act adopted pursuant to
paragraph 10 of this Article.
4. For the purpose of calculating whether the targets laid down in

attained, the amount of municipal biodegradable waste that enters
aerobic or anaerobic treatment may be counted as recycled where
that treatment generates compost, digestate, or other output with a
similar quantity of recycled content in relation to input, which is to
be used as a recycled product, material or substance. Where the output
is used on land, Member States may count it as recycled only if this use
results in benefits to agriculture or ecological improvement.
As from 1 January 2027, Member States may count municipal bio-

waste entering aerobic or anaerobic treatment as recycled only if, in
accordance with Article 22, it has been separately collected or
separated at source.
5. For the purposes of calculating whether the targets laid down in

attained, the amount of waste materials that have ceased to be waste as
a result of a preparatory operation before being reprocessed may be
counted as recycled provided that such materials are destined for
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subsequent reprocessing into products, materials or substances to be
used for the original or other purposes. However, end-of-waste
materials to be used as fuels or other means to generate energy, or
to be incinerated, backfilled or landfilled, shall not be counted towards
the attainment of the recycling targets.
6. For the purposes of calculating whether the targets laid down in

attained, Member States may take into account the recycling of metals
separated after incineration of municipal waste provided that the
recycled metals meet certain quality criteria laid down in the implemen
ting act adopted pursuant to paragraph 9 of this Article.
7. Waste sent to another Member State for the purposes of preparing

for re-use, recycling or backfilling in that other Member State may only
be counted towards the attainment of the targets laid down in Article 11
(2) and (3) by the Member State in which that waste was collected.
8. Waste exported from the Union for preparing for re-use or

recycling shall count towards the attainment of the targets laid down
in Article 11(2) and (3) of this Directive by the Member State in which
it was collected only if the requirements of paragraph 3 of this Article
are met and if, in accordance with Regulation (EC) No 1013/2006, the
exporter can prove that the shipment of waste complies with the
requirements of that Regulation and that the treatment of waste
outside the Union took place in conditions that are broadly equivalent
to the requirements of the relevant Union environmental law.
9. In order to ensure uniform conditions for the application of this

Article, the Commission shall adopt by 31 March 2019 implementing
acts establishing rules for the calculation, verification and reporting of
data, in particular as regards:
(a) a common methodology for the calculation of the weight of metals

that have been recycled in accordance with paragraph 6, including
quality criteria for the recycled metals, and
(b) bio-waste separated and recycled at source.

mination procedure referred to in Article 39(2).
10. By 31 March 2019, the Commission shall adopt a delegated act

in accordance with Article 38a in order to supplement this Directive by
establishing rules for the calculation, verification and reporting of the
weight of materials or substances which are removed after a sorting
operation and which are not subsequently recycled, based on average
loss rates for sorted waste.
Article 11b
Early warning report
1. The Commission shall, in cooperation with the European Envi

ronment Agency, draw up reports on the progress towards the
attainment of the targets laid down in points (c), (d) and (e) of
Article 11(2) and in Article 11(3) at the latest three years before
each deadline laid down therein.
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2. The reports referred to in paragraph 1 shall include the following:
(a) an estimation of the attainment of the targets by each Member

State;
(b) a list of Member States at risk of not attaining the targets within
the respective deadlines, accompanied by appropriate recommen
dations for the Member States concerned;
(c) examples of best practices that are used throughout the Union
which could provide guidance for progressing towards attaining
the targets.
Article 12
Disposal
1. Member States shall ensure that, where recovery in accordance

with Article 10(1) is not undertaken, waste undergoes safe disposal
operations which meet the provisions of Article 13 on the protection
of human health and the environment.
2. By 31 December 2024, the Commission shall carry out an

assessment of the disposal operations listed in Annex I, in particular
in light of Article 13, and shall submit a report to the European
Parliament and to the Council, accompanied, if appropriate, by a legis
lative proposal, with a view to regulating disposal operations, including
through possible restrictions, and to consider a disposal reduction
target, to ensure environmentally sound waste management.
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Article 13
Protection of human health and the environment
Member States shall take the necessary measures to ensure that waste
management is carried out without endangering human health, without
harming the environment and, in particular:
(a) without risk to water, air, soil, plants or animals;
(b) without causing a nuisance through noise or odours; and
(c) without adversely affecting the countryside or places of special

interest.
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Article 14
Costs
1. In accordance with the polluter-pays principle, the costs of waste

management, including for the necessary infrastructure and its oper
ation, shall be borne by the original waste producer or by the current
or previous waste holders.
2. Without prejudice to Articles 8 and 8a, Member States may

decide that the costs of waste management are to be borne partly or
wholly by the producer of the product from which the waste came and
that the distributors of such product may share these costs.
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CHAPTER III
WASTE MANAGEMENT
Article 15
Responsibility for waste management

any original waste producer or other holder carries out the treatment of
waste himself or has the treatment handled by a dealer or an estab
lishment or undertaking which carries out waste treatment operations or
arranged by a private or public waste collector in accordance with
Articles 4 and 13.
2. When the waste is transferred from the original producer or

holder to one of the natural or legal persons referred to in paragraph
1 for preliminary treatment, the responsibility for carrying out a
complete recovery or disposal operation shall not be discharged as a
general rule.
Without prejudice to Regulation (EC) No 1013/2006, Member States

may specify the conditions of responsibility and decide in which cases
the original producer is to retain responsibility for the whole treatment
chain or in which cases theresponsibility of the producer and the holder
can be shared or delegated among the actors of the treatment chain.
3. Member States may decide, in accordance with Article 8, that the

responsibility for arranging waste management is to be borne partly or
wholly by the producer of the product from which the waste came and
that distributors of such product may share this responsibility.
4. Member States shall take the necessary measures to ensure that,

within their territory, the establishments or undertakings which collect
or transport waste on a professional basis deliver the waste collected
and transported to appropriate treatment installations respecting the
provisions of Article 13.
Article 16
Principles of self-sufficiency and proximity
1. Member States shall take appropriate measures, in cooperation

with other Member States where this is necessary or advisable, to
establish an integrated and adequate network of waste disposal instal
lations and of installations for the recovery of mixed municipal waste
collected from private households, including where such collection also
covers such waste from other producers, taking into account best
available techniques.
By way of derogation from Regulation (EC) No 1013/2006, Member

States may, in order to protect their network, limit incoming shipments
of waste destined to incinerators that are classified as recovery, where it
has been established that such shipments would result in national waste
having to be disposed of or waste having to be treated in a way that is
not consistent with their waste management plans. Member States shall
notify the Commission of any such decision. Member States may also
limit outgoing shipments of waste on environmental grounds as set out
in Regulation (EC) No 1013/2006.
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2. The network shall be designed to enable the Community as a
whole to become self-sufficient in waste disposal as well as in the
recovery of waste referred to in paragraph 1, and to enable Member
States to move towards that aim individually, taking into account
geographical circumstances or the need for specialised installations
for certain types of waste.
3. The network shall enable waste to be disposed of or waste

referred to in paragraph 1 to be recovered in one of the nearest appro
priate installations, by means of the most appropriate methods and
technologies, in order to ensure a high level of protection for the
environment and public health.
4. The principles of proximity and self-sufficiency shall not mean

that each Member State has to possess the full range of final recovery
facilities within that Member State.
Article 17
Control of hazardous waste
Member States shall take the necessary action to ensure that the
production, collection and transportation of hazardous waste, as well
as its storage and treatment, are carried out in conditions providing
protection for the environment and human health in order to meet
the provisions of Article 13, including action to ensure traceability
from production to final destination and control of hazardous waste
in order to meet the requirements of Articles 35 and 36.
Article 18
Ban on the mixing of hazardous waste

hazardous waste is not mixed, either with other categories of hazardous
waste or with other waste, substances or materials. Mixing shall include
the dilution of hazardous substances.
2. By way of derogation from paragraph 1, Member States may

allow mixing provided that:
(a) the mixing operation is carried out by an establishment or under

taking which has obtained a permit in accordance with Article 23;
(b) the provisions of Article 13 are complied with and the adverse
impact of the waste management on human health and the envi
ronment is not increased; and
(c) the mixing operation conforms to best available techniques.
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3. Where hazardous waste has been unlawfully mixed in breach of
this Article, Member States shall ensure, without prejudice to Article 36,
that separation is carried out where technically feasible and necessary
to comply with Article 13.
Where separation is not required pursuant to the first subparagraph of

this paragraph, Member States shall ensure that the mixed waste is
treated in a facility that has obtained a permit in accordance with
Article 23 to treat such a mixture.
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Article 19
Labelling of hazardous waste
1. Member States shall take the necessary measures to ensure that,

in the course of collection, transport and temporary storage, hazardous
waste is packaged and labelled in accordance with the international and
Community standards in force.
2. Whenever hazardous waste is transferred within a Member State,

it shall be accompanied by an identification document, which may be in
electronic format, containing the appropriate data specified in Annex IB
to Regulation (EC) No 1013/2006.
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Article 20
Hazardous waste produced by households
1. By 1 January 2025, Member States shall set up separate collection

for hazardous waste fractions produced by households to ensure that
they are treated in accordance with Articles 4 and 13 and do not
contaminate other municipal waste streams.
2. Articles 17, 18, 19 and 35 shall not apply to mixed waste

produced by households.
3. Articles 19 and 35 shall not apply to separate fractions of

hazardous waste produced by households until they are accepted for
collection, disposal or recovery by an establishment or an undertaking
which has obtained a permit or has been registered in accordance with
Article 23 or 26.
4. By 5 January 2020, the Commission shall draw up guidelines to

assist and facilitate Member States in the separate collection of
hazardous waste fractions produced by households.
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Article 21
Waste oils
1. Without prejudice to the obligations related to the management of

hazardous waste laid down in Articles 18 and 19, Member States shall
take the necessary measures to ensure that:
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(a) waste oils are collected separately, unless separate collection is not
technically feasible taking into account good practices;
(b) waste oils are treated, giving priority to regeneration or alter

natively to other recycling operations delivering an equivalent or
a better overall environmental outcome than regeneration, in
accordance with Articles 4 and 13;
(c) waste oils of different characteristics are not mixed and waste oils
are not mixed with other kinds of waste or substances, if such
mixing impedes their regeneration or another recycling operation
delivering an equivalent or a better overall environmental outcome
than regeneration.
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2. For the purposes of separate collection of waste oils and their
proper treatment, Member States may, according to their national
conditions, apply additional measures such as technical requirements,
producer responsibility, economic instruments or voluntary agreements.
3. If waste oils, according to national legislation, are subject to

requirements of regeneration, Member States may prescribe that such
waste oils shall be regenerated if technically feasible and, where
Articles 11 or 12 of Regulation (EC) No 1013/2006 apply, restrict
the transboundary shipment of waste oils from their territory to incin
eration or co-incineration facilities in order to give priority to the
regeneration of waste oils.
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4. By 31 December 2022, the Commission shall examine data on
waste oils provided by Member States in accordance with Article 37(4)
with a view to considering the feasibility of adopting measures for the
treatment of waste oils, including quantitative targets on the regen
eration of waste oils and any further measures to promote the regen
eration of waste oils. To that end, the Commission shall submit a report
to the European Parliament and to the Council, accompanied, if appro
priate, by a legislative proposal.
Article 22
Bio-waste
1. Member States shall ensure that, by 31 December 2023 and

subject to Article 10(2) and (3), bio-waste is either separated and
recycled at source, or is collected separately and is not mixed with
other types of waste.
Member States may allow waste with similar biodegradability and

compostability properties which complies with relevant European
standards or any equivalent national standards for packaging
recoverable through composting and biodegradation, to be collected
together with bio-waste.
2. Member States shall take measures in accordance with Articles 4

and 13, to:
(a) encourage the recycling, including composting and digestion, of

bio-waste in a way that fulfils a high level of environment
protection and results in output which meets relevant high-quality
standards;
(b) encourage home composting; and
(c) promote the use of materials produced from bio-waste.
3. By 31 December 2018, the Commission shall request the

European standardisation organisations to develop European standards
for bio-waste entering organic recycling processes, for compost and for
digestate, based on best available practices.
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CHAPTER IV
PERMITS AND REGISTRATIONS
Article 23
Issue of permits
1. Member States shall require any establishment or undertaking

intending to carry out waste treatment to obtain a permit from the
competent authority.
Such permits shall specify at least the following:
(a) the types and quantities of waste that may be treated;
(b) for each type of operation permitted, the technical and any other
requirements relevant to the site concerned;
(c) the safety and precautionary measures to be taken;
(d) the method to be used for each type of operation;
(e) such monitoring and control operations as may be necessary;
(f) such closure and after-care provisions as may be necessary.
2. Permits may be granted for a specified period and may be

renewable.
3. Where the competent authority considers that the intended method

of treatment is unacceptable from the point of view of environmental
protection, in particular when the method is not in accordance with
Article 13, it shall refuse to issue the permit.
4. It shall be a condition of any permit covering incineration or co-

incineration with energy recovery that the recovery of energy take place
with a high level of energy efficiency.
5. Provided that the requirements of this Article are complied with,

any permit produced pursuant to other national or Community legis
lation may be combined with the permit required under paragraph 1 to
form a single permit, where such a format obviates the unnecessary
duplication of information and the repetition of work by the operator or
the competent authority.
Article 24
Exemptions from permit requirements
Member States may exempt from the requirement laid down in

Article 23(1) establishments or undertakings for the following oper
ations:
(a) disposal of their own non-hazardous waste at the place of

production; or
(b) recovery of waste.
Article 25
Conditions for exemptions
1. Where a Member State wishes to allow exemptions, as provided

for in Article 24, it shall lay down, in respect of each type of activity,
general rules specifying the types and quantities of waste that may be
covered by an exemption, and the method of treatment to be used.
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Those rules shall be designed to ensure that waste is treated in
accordance with Article 13. In the case of disposal operations
referred to in point (a) of Article 24 those rules should consider best
available techniques.
2. In addition to the general rules provided for in paragraph 1,

Member States shall lay down specific conditions for exemptions
relating to hazardous waste, including types of activity, as well as
any other necessary requirement for carrying out different forms of
recovery and, where relevant, the limit values for the content of
hazardous substances in the waste as well as the emission limit values.
3. Member States shall inform the Commission of the general rules

laid down pursuant to paragraphs 1 and 2.
Article 26
Registration
Where the following are not subject to permit requirements, Member

States shall ensure that the competent authority keeps a register of:
(a) establishments or undertakings which collect or transport waste on

a professional basis;
(b) dealers or brokers; and
(c) establishments or undertakings which are subject to exemptions

from the permit requirements pursuant to Article 24.
Where possible, existing records held by the competent authority shall

be used to obtain the relevant information for this registration process
in order to reduce the administrative burden.
Article 27
Minimum standards
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1. The Commission shall adopt delegated acts in accordance with
Article 38a in order to supplement this Directive by setting out
technical minimum standards for treatment activities, including for
sorting and recycling of waste, which require a permit pursuant to
Article 23 where there is evidence that a benefit in terms of the
protection of human health and the environment would be gained
from such minimum standards.
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2. Such minimum standards shall cover only those waste treatment
activities that are not covered by Directive 96/61/EC or are not appro
priate for coverage by that Directive.
3. Such minimum standards shall:
(a) be directed to the main environmental impacts of the waste

treatment activity;
(b) ensure that the waste is treated in accordance with Article 13;
(c) take into account best available techniques; and
(d) as appropriate, include elements regarding the quality of treatment

and the process requirements.
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4. The Commission shall adopt delegated acts in accordance with
Article 38a in order to supplement this Directive by setting out the
minimum standards for activities that require registration pursuant to
points (a) and (b) of Article 26 where there is evidence that a benefit in
terms of the protection of human health and the environment or in
avoiding disruption to the internal market would be gained from such
minimum standards.
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CHAPTER V
PLANS AND PROGRAMMES
Article 28
Waste management plans
1. Member States shall ensure that their competent authorities

establish, in accordance with Articles 1, 4, 13 and 16, one or more
waste management plans.
Those plans shall, alone or in combination, cover the entire

geographical territory of the Member State concerned.
2. The waste management plans shall set out an analysis of the

current waste management situation in the geographical entity
concerned, as well as the measures to be taken to improve environ
mentally sound preparing for re-use, recycling, recovery and disposal of
waste and an evaluation of how the plan will support the implemen
tation of the objectives and provisions of this Directive.
3. The waste management plans shall contain, as appropriate and

taking into account the geographical level and coverage of the
planning area, at least the following:
(a) the type, quantity and source of waste generated within the
territory, the waste likely to be shipped from or to the national
territory, and an evaluation of the development of waste streams
in the future;
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(b) existing major disposal and recovery installations, including any
special arrangements for waste oils, hazardous waste, waste
containing significant amounts of critical raw materials, or waste
streams addressed by specific Union legislation;
(c) an assessment of the need for closure of existing waste instal

lations, and for additional waste installation infrastructure in
accordance with Article 16.
Member States shall ensure that an assessment of the investments

and other financial means, including for local authorities, required
to meet those needs is carried out. This assessment shall be
included in the relevant waste management plans or in other
strategic documents covering the entire territory of the Member
State concerned;
(ca) information on the measures to attain the objective laid down in

Article 5(3a) of Directive 1999/31/EC or in other strategic
documents covering the entire territory of the Member State
concerned;
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(cb) an assessment of existing waste collection schemes, including the
material and territorial coverage of separate collection and
measures to improve its operation, of any derogations granted in
accordance with Article 10(3), and of the need for new collection
schemes;
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(d) sufficient information on the location criteria for site identification
and on the capacity of future disposal or major recovery instal
lations, if necessary;
(e) general waste management policies, including planned waste

management technologies and methods, or policies for waste
posing specific management problems;
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(f) measures to combat and prevent all forms of littering and to clean
up all types of litter;
(g) appropriate qualitative or quantitative indicators and targets,

including on the quantity of generated waste and its treatment
and on municipal waste that is disposed of or subject to energy
recovery.
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4. The waste management plan may contain, taking into account the
geographical level and coverage of the planning area, the following:
(a) organisational aspects related to waste management including a

description of the allocation of responsibilities between public
and private actors carrying out the waste management;
(b) an evaluation of the usefulness and suitability of the use of

economic and other instruments in tackling various waste
problems, taking into account the need to maintain the smooth
functioning of the internal market;
(c) the use of awareness campaigns and information provision directed

at the general public or at a specific set of consumers;
(d) historical contaminated waste disposal sites and measures for their
rehabilitation.
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5. Waste management plans shall conform to the waste planning
requirements laid down in Article 14 of Directive 94/62/EC, to the
targets laid down in Article 11(2) and (3) of this Directive and to
the requirements laid down in Article 5 of Directive 1999/31/EC, and
for the purposes of litter prevention, to the requirements laid down in
Article 13 of Directive 2008/56/EC of the European Parliament and of
the Council (1) and Article 11 of Directive 2000/60/EC of the European
Parliament and of the Council (2).
(1) Directive 2008/56/EC of the European Parliament and of the Council of

17 June 2008 establishing a framework for Community action in the field
of marine environmental policy (Marine Strategy Framework Directive)
(OJ L 164, 25.6.2008, p. 19).
(2) Directive 2000/60/EC of the European Parliament and of the Council of
23 October 2000 establishing a framework for Community action in the
field of water policy (OJ L 327, 22.12.2000, p. 1).
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Article 29
Waste prevention programmes
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1. Member States shall establish waste prevention programmes
setting out at least the waste prevention measures as laid down in
Article 9(1) in accordance with Articles 1 and 4.
Such programmes shall be integrated either into the waste management

plans required under Article 28 or into other environmental policy
programmes, as appropriate, or shall function as separate programmes.
If any such programme is integrated into the waste management plan or
into those other programmes, the waste prevention objectives and
measures shall be clearly identified.
2. When establishing such programmes, Member States shall, where

relevant, describe the contribution of instruments and measures listed in
Annex IVa to waste prevention and shall evaluate the usefulness of the
examples of measures indicated in Annex IV or other appropriate
measures. The programmes shall also describe existing waste
prevention measures and their contribution to waste prevention.
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The aim of such objectives and measures shall be to break the link
between economic growth and the environmental impacts associated
with the generation of waste.
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2a. Member States shall adopt specific food waste prevention
programmes within their waste prevention programmes.
__________
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5. The Commission shall create a system for sharing information on
best practice regarding waste prevention and shall develop guidelines in
order to assist the Member States in the preparation of the Programmes.
Article 30
Evaluation and review of plans and programmes
1. Member States shall ensure that the waste management plans and
waste prevention programmes are evaluated at least every sixth year
and revised as appropriate and, where relevant, in accordance with
Articles 9 and 11.
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2. The European Environment Agency shall publish, every two
years, a report containing a review of the progress made in the
completion and implementation of waste prevention programmes,
including an assessment of the evolution as regards the prevention of
waste generation for each Member State and for the Union as a whole,
and as regards the decoupling of waste generation from economic
growth and the transition towards a circular economy.
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Article 31
Public participation
Member States shall ensure that relevant stakeholders and authorities

and the general public have the opportunity to participate in the elab
oration of the waste management plans and waste prevention
programmes, and have access to them once elaborated, in accordance
with Directive 2003/35/EC or, if relevant, Directive 2001/42/EC of the
European Parliament and of the Council of 27 June 2001 on the
assessment of the effects of certain plans and programmes on the
environment (1). They shall place the plans and programmes on a
publicly available website.
Article 32
Cooperation
Member States shall cooperate as appropriate with the other Member

States concerned and the Commission to draw up the waste
management plans and the waste prevention programmes in accordance
with Articles 28 and 29.
Article 33
Information to be submitted to the Commission
1. Member States shall inform the Commission of the waste

management plans and waste prevention programmes referred to in
Articles 28 and 29, once adopted, and of any substantial revisions to
the plans and programmes.
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2. The Commission shall adopt implementing acts to establish the
format for notifying the information on the adoption and substantial
revisions of the waste management plans and the waste prevention
programmes. Those implementing acts shall be adopted in accordance
with the examination procedure referred to in Article 39(2).
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CHAPTER VI
INSPECTIONS AND RECORDS
Article 34
Inspections
1. Establishments or undertakings which carry out waste treatment

operations, establishments or undertakings which collect or transport
waste on a professional basis, brokers and dealers, and establishments
or undertakings which produce hazardous waste shall be subject to
appropriate periodic inspections by the competent authorities.
2. Inspections concerning collection and transport operations shall

cover the origin, nature, quantity and destination of the waste
collected and transported.
(1) OJ L 197, 21.7.2001, p. 30.

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▼B
3. Member States may take account of registrations obtained under
the Community Eco-Management and Audit Scheme (EMAS), in
particular regarding the frequency and intensity of inspections.
Article 35
Record keeping
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1. The establishments and undertakings referred to in Article 23(1),
the producers of hazardous waste, and the establishments and under
takings which collect or transport hazardous waste on a professional
basis, or act as dealers and brokers of hazardous waste, shall keep a
chronological record of:
(a) the quantity, nature and origin of that waste and the quantity of
products and materials resulting from preparing for re-use,
recycling or other recovery operations; and
(b) where relevant, the destination, frequency of collection, mode of

transport and treatment method foreseen in respect of the waste.
They shall make that data available to the competent authorities

through the electronic registry or registries to be established pursuant
to paragraph 4 of this Article.
▼B
2. For hazardous waste, the records shall be preserved for at least
three years except in the case of establishments and undertakings trans
porting hazardous waste which must keep such records for at least 12
months.
Documentary evidence that the management operations have been

carried out shall be supplied at the request of the competent authorities
or of a previous holder.
3. Member States may require the producers of non-hazardous waste

to comply with paragraphs 1 and 2.
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4. Member States shall set up an electronic registry or coordinated
registries to record the data on hazardous waste referred to in paragraph
1 covering the entire geographical territory of the Member State
concerned. Member States may establish such registries for other
waste streams, in particular for those waste streams for which targets
are set in legislative acts of the Union. Member States shall use the
data on waste reported by industrial operators in the European Pollutant
Release and Transfer Register set up under Regulation (EC) No
166/2006 of the European Parliament and of the Council (1).
5. The Commission may adopt implementing acts to establish

minimum conditions for the operation of such registries. Those imple
menting acts shall be adopted in accordance with the examination
procedure referred to in Article 39(2).

Council of 18 January 2006 concerning the establishment of a European
Pollutant Release and Transfer Register and amending Council Directives
91/689/EEC and 96/61/EC (OJ L 33, 4.2.2006, p. 1).
02008L0098 — EN — 18.02.2024 — 004.002 — 35
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Article 36
Enforcement and penalties
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1. Member States shall take the necessary measures to prohibit the
abandonment, dumping or uncontrolled management of waste,
including littering.
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2. Members States shall lay down provisions on the penalties
applicable to infringements of the provisions of this Directive and
shall take all measures necessary to ensure that they are implemented.
The penalties shall be effective, proportionate and dissuasive.
CHAPTER VII
FINAL PROVISIONS
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Article 37
Reporting
1. Member States shall report the data concerning the implemen

tation of points (a) to (e) of Article 11(2) and Article 11(3) for each
calendar year to the Commission.
They shall report the data electronically within 18 months of the end of
the reporting year for which the data are collected. The data shall be
reported in the format established by the Commission in accordance
with paragraph 7 of this Article.
The first reporting period shall start in the first full calendar year after
the adoption of the implementing act that establishes the format for
reporting, in accordance with paragraph 7 of this Article.
2. For the purposes of verifying compliance with point (b) of

Article 11(2), Member States shall report the amount of waste used
for backfilling and other material recovery operations separately from
the amount of waste prepared for re-use or recycled. Member States
shall report the reprocessing of waste into materials that are to be used
for backfilling operations as backfilling.
For the purposes of verifying compliance with points (c), (d) and (e) of
Article 11(2) and Article 11(3), Member States shall report the amount
of waste prepared for re-use separately from the amount of waste
recycled.
3. Member States shall report the data concerning the implemen

tation of Article 9(4) and (5) to the Commission every year.
with paragraph 7 of this Article.
reporting, in accordance with paragraph 7 of this Article.
02008L0098 — EN — 18.02.2024 — 004.002 — 36
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4. Member States shall report the data on mineral or synthetic lubri
cation or industrial oils placed on the market and waste oils separately
collected and treated for each calendar year to the Commission.
with paragraph 7.
reporting, in accordance with paragraph 7.
5. The data reported by Member States in accordance with this

Article shall be accompanied by a quality check report and a report
on the measures taken pursuant to Article 11a(3) and (8), including
detailed information about the average loss rates where applicable. That
information shall be reported in the format for reporting established by
the Commission in accordance with paragraph 7 of this Article.
6. The Commission shall review the data reported in accordance

with this Article and publish a report on the results of its review.
The report shall assess the organisation of the data collection, the
sources of data and the methodology used in Member States as well
as the completeness, reliability, timeliness and consistency of that data.
The assessment may include specific recommendations for
improvement. The report shall be drawn up after the first reporting
of the data by Member States and every four years thereafter.
7. By 31 March 2019, the Commission shall adopt implementing

acts laying down the format for reporting the data referred to in para
graphs 1, 3, 4 and 5 of this Article. For the purposes of reporting on the
implementation of points (a) and (b) of Article 11(2), Member States
shall use the format established in Commission Implementing Decision
of 18 April 2012 establishing a questionnaire for Member States reports
on the implementation of Directive 2008/98/EC of the European
Parliament and of the Council on waste. For the purpose of reporting
on food waste, the methodology developed under Article 9(8) shall be
taken into account when developing the format for reporting. Those
implementing acts shall be adopted in accordance with the examination
procedure referred to in Article 39(2) of this Directive.
Article 38
Exchange of information and sharing of best practices,
interpretation and adaptation to technical progress
1. The Commission shall organise a regular exchange of information

and sharing of best practices among Member States, including, where
appropriate, with regional and local authorities, on the practical im
plementation and enforcement of the requirements of this Directive,
including on:
(a) the application of the calculation rules set out in Article 11a and
the development of measures and systems to trace municipal waste
streams from sorting to recycling;
(b) adequate governance, enforcement, cross-border cooperation;
(c) innovation in the field of waste management;

02008L0098 — EN — 18.02.2024 — 004.002 — 37
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(d) national by-product and end-of-waste criteria, as referred to in
Article 5(3) and in Article 6(3) and (4), facilitated by a Union-
wide electronic register to be established by the Commission;
(e) the economic instruments and other measures used in accordance

with Article 4(3) in order to boost the achievement of the
objectives laid down in that Article;
(f) measures laid down in Article 8(1) and (2);
(g) prevention and the setting up of systems which promote re-use

activities and the extension of life span;
(h) the implementation of the obligations with regard to separate

collection;
(i) the instruments and incentives towards achieving the targets laid
down in points (c), (d) and (e) of Article 11(2).
The Commission shall make the results of the exchange of information

and sharing of best practices publicly available.
2. The Commission may develop guidelines for the interpretation of

the requirements set out in this Directive, including on the definition of
waste, prevention, re-use, preparing for re-use, recovery, recycling,
disposal, and on the application of the calculation rules set out in
Article 11a.
The Commission shall develop guidelines on the definitions of

municipal waste and backfilling.
The Commission is empowered to adopt delegated acts in accordance

with Article 38a to amend this Directive by specifying the application
of the formula for incineration facilities referred to in point R1 of
Annex II. Local climatic conditions may be taken into account, such
as the severity of the cold and the need for heating insofar as they
influence the amounts of energy that can technically be used or
produced in the form of electricity, heating, cooling or processing
steam. Local conditions of the outermost regions as recognised in the
third paragraph of Article 349 of the Treaty on the Functioning of the
European Union and of the territories mentioned in Article 25 of the
1985 Act of Accession may also be taken into account.
3. The Commission is empowered to adopt delegated acts in

accordance with Article 38a to amend Annexes IV and V in the light
of scientific and technical progress.
Article 38a
Exercise of the delegation
1. The power to adopt delegated acts is conferred on the

Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Articles 7(1), 9

(8), 11a(10), 27(1), 27(4), 38(2) and 38(3) shall be conferred on the
Commission for a period of five years from 4 July 2018. The
Commission shall draw up a report in respect of the delegation of
power not later than nine months before the end of the five-year
period. The delegation of power shall be tacitly extended for periods
of an identical duration, unless the European Parliament or the Council
opposes such extension not later than three months before the end of
each period.
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3. The delegation of power referred to in Articles 7(1), 9(8), 11a
(10), 27(1), 27(4), 38(2) and 38(3) may be revoked at any time by the
European Parliament or by the Council. A decision to revoke shall put
an end to the delegation of the power specified in that decision. It shall
take effect the day following the publication of the decision in the
Official Journal of the European Union or at a later date specified
therein. It shall not affect the validity of any delegated acts already
in force.
4. Before adopting a delegated act, the Commission shall consult

experts designated by each Member State in accordance with the prin
ciples laid down in the Interinstitutional Agreement of 13 April 2016
on Better Law Making (1).
5. As soon as it adopts a delegated act, the Commission shall notify

it simultaneously to the European Parliament and to the Council.
6. A delegated act adopted pursuant to Articles 7(1), 9(8), 11a(10),

27(1), 27(4), 38(2) and 38(3) shall enter into force only if no objection
has been expressed either by the European Parliament or by the
Council within a period of two months of notification of that act to
the European Parliament and to the Council or if, before the expiry of
that period, the European Parliament and the Council have both
informed the Commission that they will not object. That period shall
be extended by two months at the initiative of the European Parliament
or of the Council.
Article 39
Committee procedure
1. The Commission shall be assisted by a committee. That

committee shall be a committee within the meaning of Regulation
(EU) No 182/2011 of the European Parliament and of the Council (2).
2. Where reference is made to this paragraph, Article 5 of Regu

lation (EU) No 182/2011 shall apply.
Where the committee delivers no opinion, the Commission shall not

adopt the draft implementing act and the third subparagraph of
Article 5(4) of Regulation (EU) No 182/2011 shall apply.
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Article 40
Transposition
1. Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directive by
12 December 2010.
When Member States adopt these measures, they shall contain a

reference to this Directive or shall be accompanied by such reference
on the occasion of their official publication. The methods of making
such reference shall be laid down by Member States.
(1) OJ L 123, 12.5.2016, p. 1.

(2) Regulation (EU) No 182/2011 of the European Parliament and of the
Council of 16 February 2011 laying down the rules and general principles
concerning mechanisms for control by Member States of the Commission’s
exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
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2. Member States shall communicate to the Commission the text of
the main provisions of national law which they adopt in the field
covered by this Directive.
Article 41
Repeal and transitional provisions
Directives 75/439/EEC, 91/689/EEC and 2006/12/EC are hereby

repealed with effect from 12 December 2010.
However, from 12 December 2008, the following shall apply:
(a) Article 10(4) of Directive 75/439/EEC shall be replaced by the

following:
‘4. The reference method of measurement to determine the

PCB/PCT content of waste oils shall be fixed by the Commission.
That measure, designed to amend non-essential elements of this
Directive by supplementing it, shall be adopted in accordance
with the regulatory procedure with scrutiny referred to in
Article 18(4) of Directive 2006/12/EC of the European Parliament
and of the Council of 5 April 2006 on waste (*).
___________
(*) OJ L 114, 27.4.2006, p. 9.’;
(b) Directive 91/689/EEC is hereby amended as follows:
(i) Article 1(4) shall be replaced by the following:
‘4. For the purpose of this Directive “hazardous waste”

means:
— waste classified as hazardous waste featuring on the list

established by Commission Decision 2000/532/EC (*) on
the basis of Annexes I and II to this Directive. This
waste must have one or more of the properties listed in
Annex III. The list shall take into account the origin and
composition of the waste and, where necessary, limit values
of concentration. This list shall be periodically reviewed
and, if necessary revised. Those measures, designed to
amend non-essential elements of this Directive by supple
menting it, shall be adopted in accordance with the regu
latory procedure with scrutiny referred to in Article 18(4)
of Directive 2006/12/EC of the European Parliament and of
the Council of 5 April 2006 on waste (**),
— any other waste which is considered by a Member State to

display any of the properties listed in Annex III. Such cases
shall be notified to the Commission and reviewed with a
view to adapting the list. Those measures, designed to
amend non-essential elements of this Directive by supple
menting it, shall be adopted in accordance with the regu
latory procedure with scrutiny referred to in Article 18(4)
of Directive 2006/12/EC.
___________
(*) OJ L 226, 6.9.2000, p. 3.
(**) OJ L 114, 27.4.2006, p. 9.’;
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(ii) Article 9 shall be replaced by the following:
‘Article 9
The measures necessary for adapting the Annexes of this
Directive to scientific and technical progress and for revising
the list of wastes referred to in Article 1(4), designed to amend
non-essential elements of this Directive, inter alia by supple
menting it, shall be adopted in accordance with the regulatory
procedure with scrutiny referred to in Article 18(4) of Directive
2006/12/EC.’;
(c) Directive 2006/12/EC is hereby amended as follows:
(i) Article 1(2) shall be replaced by the following:
‘2. For the purposes of paragraph 1, point (a), Commission
Decision 2000/532/EC (*) featuring the list of waste belonging
to the categories listed in Annex I to this Directive shall apply.
This list shall be periodically reviewed and, if necessary,
revised. Those measures, designed to amend non-essential
elements of this Directive by supplementing it, shall be
adopted in accordance with the regulatory procedure with
scrutiny referred to in Article 18(4).
___________
(*) OJ L 226, 6.9.2000, p. 3.’;
(ii) Article 17 shall be replaced by the following:

‘Article 17
The measures necessary for adapting the Annexes to scientific
and technical progress, designed to amend non-essential
elements of this Directive, shall be adopted in accordance
with the regulatory procedure with scrutiny referred to in
Article 18(4).’;
(iii) Article 18(4) shall be replaced by the following:

‘4. Where reference is made to this paragraph, Article 5a(1)
to (4) and Article 7 of Decision 1999/468/EC shall apply,
having regard to the provisions of Article 8 thereof.’.
References to the repealed Directives shall be construed as references
to this Directive and shall be read in accordance with the correlation
table set out in Annex V.
Article 42
Entry into force
This Directive shall enter into force on the twentieth day following that
of its publication in the Official Journal of the European Union.
Article 43
Addressees
This Directive is addressed to the Member States.

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ANNEX I
DISPOSAL OPERATIONS
D 1 Deposit into or on to land (e.g. landfill, etc.)
D 2 Land treatment (e.g. biodegradation of liquid or sludgy discards in soils,

etc.)
D 3 Deep injection (e.g. injection of pumpable discards into wells, salt domes
or naturally occurring repositories, etc.)
D 4 Surface impoundment (e.g. placement of liquid or sludgy discards into

pits, ponds or lagoons, etc.)
D 5 Specially engineered landfill (e.g. placement into lined discrete cells

which are capped and isolated from one another and the environment,
etc.)
D 6 Release into a water body except seas/oceans
D 7 Release to seas/oceans including sea-bed insertion
D 8 Biological treatment not specified elsewhere in this Annex which results

in final compounds or mixtures which are discarded by means of any of
the operations numbered D 1 to D 12
D 9 Physico-chemical treatment not specified elsewhere in this Annex which

results in final compounds or mixtures which are discarded by means of
any of the operations numbered D 1 to D 12 (e.g. evaporation, drying,
calcination, etc.)
D 10 Incineration on land
D 11 Incineration at sea (*)
D 12 Permanent storage (e.g. emplacement of containers in a mine, etc.)
D 13 Blending or mixing prior to submission to any of the operations

numbered D 1 to D 12 (**)
D 14 Repackaging prior to submission to any of the operations numbered D 1

to D 13
D 15 Storage pending any of the operations numbered D 1 to D 14 (excluding

temporary storage, pending collection, on the site where the waste is
produced) (***)
(*) This operation is prohibited by EU legislation and international conventions.

(**) If there is no other D code appropriate, this can include preliminary operations prior
to disposal including pre-processing such as, inter alia, sorting, crushing, compacting,
pelletising, drying, shredding, conditioning or separating prior to submission to any
of the operations numbered D1 to D12.
(***) Temporary storage means preliminary storage according to point (10) of Article 3.
02008L0098 — EN — 18.02.2024 — 004.002 — 42
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ANNEX II
RECOVERY OPERATIONS
R 1 Use principally as a fuel or other means to generate energy (*)
R 2 Solvent reclamation/regeneration
▼M4
R 3 Recycling/reclamation of organic substances which are not used as
solvents (including composting and other biological transformation
processes) (**)
R 4 Recycling/reclamation of metals and metal compounds (***)
R 5 Recycling/reclamation of other inorganic materials (****)
▼B
R 6 Regeneration of acids or bases
(*) This includes incineration facilities dedicated to the processing of municipal solid
waste only where their energy efficiency is equal to or above:
— 0,60 for installations in operation and permitted in accordance with applicable
Community legislation before 1 January 2009,
— 0,65 for installations permitted after 31 December 2008,
using the following formula:
Energy efficiency = (Ep - (Ef + Ei))/(0,97 × (Ew + Ef))
In which:
Ep means annual energy produced as heat or electricity. It is calculated with energy
in the form of electricity being multiplied by 2,6 and heat produced for commercial
use multiplied by 1,1 (GJ/year)
Ef means annual energy input to the system from fuels contributing to the
production of steam (GJ/year)
Ew means annual energy contained in the treated waste calculated using the net
calorific value of the waste (GJ/year)
Ei means annual energy imported excluding Ew and Ef (GJ/year)
0,97 is a factor accounting for energy losses due to bottom ash and radiation.
This formula shall be applied in accordance with the reference document on Best
Available Techniques for waste incineration.
►M2 The energy efficiency formula value will be multiplied by a climate
correction factor (CCF) as shown below:
1. CCF for installations in operation and permitted in accordance with applicable
Union legislation before 1 September 2015.
CCF = 1 if HDD >= 3 350
CCF = 1,25 if HDD <= 2 150
CCF = – (0,25/1 200) × HDD + 1,698 when 2 150 < HDD < 3 350
2. CCF for installations permitted after 31 August 2015 and for installations under
1 after 31 December 2029:
CCF = 1 if HDD >= 3 350
CCF = 1,12 if HDD <= 2 150
CCF = – (0,12/1 200) × HDD + 1,335 when 2 150 < HDD < 3 350
(The resulting value of CCF will be rounded at three decimal places).
►C1 The value of HDD (Heating Degree Days) should be taken as the average of
annual HDD values for the incineration facility location, calculated for a period of
20 consecutive years before the year for which CCF is calculated. For the calcu
lation of the value of HDD the following method established by Eurostat should be
applied: HDD is equal to (18 °C – Tm) × d if Tm is lower than or equal to 15 °C
(heating threshold) and is nil if Tm is greater than 15 °C; where Tm is the mean
(Tmin + Tmax)/2 outdoor temperature over a period of d days. Calculations are to
be executed on a daily basis (d = 1), added up to a year. ◄ ◄
(**) This includes preparing for re-use, gasification and pyrolysis using the components
as chemicals and recovery of organic materials in the form of backfilling.
(***) This includes preparing for re-use.
(****) This includes preparing for re-use, recycling of inorganic construction materials,
recovery of inorganic materials in the form of backfilling, and soil cleaning
resulting in recovery of the soil.
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R 7 Recovery of components used for pollution abatement
R 8 Recovery of components from catalysts
R 9 Oil re-refining or other reuses of oil
R 10 Land treatment resulting in benefit to agriculture or ecological

improvement
R 11 Use of waste obtained from any of the operations numbered R 1 to R 10
R 12 Exchange of waste for submission to any of the operations numbered R 1

to R 11 (*)
R 13 Storage of waste pending any of the operations numbered R 1 to R 12

(excluding temporary storage, pending collection, on the site where the
waste is produced) (**)
(*) If there is no other R code appropriate, this can include preliminary operations prior to
recovery including pre-processing such as, inter alia, dismantling, sorting, crushing,
compacting, pelletising, drying, shredding, conditioning, repackaging, separating,
blending or mixing prior to submission to any of the operations numbered R1 to R11.
(**) Temporary storage means preliminary storage according to point (10) of Article 3.
02008L0098 — EN — 18.02.2024 — 004.002 — 44
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ANNEX III
PROPERTIES OF WASTE WHICH RENDER IT HAZARDOUS
HP 1 ‘Explosive:’ waste which is capable by chemical reaction of

producing gas at such a temperature and pressure and
at such a speed as to cause damage to the
surroundings. Pyrotechnic waste, explosive organic
peroxide waste and explosive self-reactive waste is
included.
When a waste contains one or more substances classified by one of the hazard
class and category codes and hazard statement codes shown in Table 1, the
waste shall be assessed for HP 1, where appropriate and proportionate,
according to test methods. If the presence of a substance, a mixture or an
article indicates that the waste is explosive, it shall be classified as hazardous
by HP 1.
Table 1: Hazard Class and Category Code(s) and Hazard statement Code(s) for
waste constituents for the classification of wastes as hazardous by HP 1:
Hazard Class and Category Code(s) Hazard statement Code(s)
Unst. Expl. H 200
Expl. 1.1 H 201
Expl. 1.2 H 202
Expl. 1.3 H 203
Expl. 1.4 H 204
Self-react. A
H 240
Org. Perox. A
Self-react. B
H 241
Org. Perox. B
HP 2 ‘Oxidising:’ waste which may, generally by providing oxygen, cause

or contribute to the combustion of other materials.
When a waste contains one or more substances classified by one of the hazard
class and category codes and hazard statement codes shown in Table 2, the
waste shall be assessed for HP 2, where appropriate and proportionate,
according to test methods. If the presence of a substance indicates that the
waste is oxidising, it shall be classified as hazardous by HP 2.
the classification of wastes as hazardous by HP 2:
Ox. Gas 1 H 270
Ox. Liq. 1
H 271
Ox. Sol. 1
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Ox. Liq. 2, Ox. Liq. 3

H 272
Ox. Sol. 2, Ox. Sol. 3
HP 3 ‘Flammable:’
— flammable liquid waste: liquid waste having a flash point below

60 °C or waste gas oil, diesel and light heating oils having a
flash point > 55 °C and ≤ 75 °C;
— flammable pyrophoric liquid and solid waste: solid or liquid

waste which, even in small quantities, is liable to ignite within
five minutes after coming into contact with air;
— flammable solid waste: solid waste which is readily combustible

or may cause or contribute to fire through friction;
— flammable gaseous waste: gaseous waste which is flammable in

air at 20 °C and a standard pressure of 101.3 kPa;
— water reactive waste: waste which, in contact with water, emits

flammable gases in dangerous quantities;
— other flammable waste: flammable aerosols, flammable self-

heating waste, flammable organic peroxides and flammable
self-reactive waste.
When a waste contains one or more substances classified by one of the

following hazard class and category codes and hazard statement codes shown
in Table 3, the waste shall be assessed, where appropriate and proportionate,
according to test methods. If the presence of a substance indicates that the waste
is flammable, it shall be classified as hazardous by HP 3.
waste constituents for the classification of wastes as hazardous by HP 3:
Flam. Gas 1 H220
Flam. Gas 2 H221
Aerosol 1 H222
Aerosol 2 H223
Flam. Liq. 1 H224
Flam. Liq.2 H225
Flam. Liq. 3 H226
Flam. Sol. 1
H228
Flam. Sol. 2
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Self-react. CD
Self-react. EF
H242
Org. Perox. CD
Org. Perox. EF
Pyr. Liq. 1
H250
Pyr. Sol. 1
Self-heat.1 H251
Self-heat. 2 H252
Water-react. 1 H260
Water-react. 2
H261
Water-react. 3
HP 4 ‘Irritant — skin irritation and eye damage:’ waste which on appli

cation can cause skin
irritation or damage
to the eye.
When a waste contains one or more substances in concentrations above the cut-
off value, that are classified by one of the following hazard class and category
codes and hazard statement codes and one or more of the following concen
tration limits is exceeded or equalled, the waste shall be classified as hazardous
by HP 4.
The cut-off value for consideration in an assessment for Skin corr. 1A (H314),
Skin irrit. 2 (H315), Eye dam. 1 (H318) and Eye irrit. 2 (H319) is 1 %.
If the sum of the concentrations of all substances classified as Skin corr. 1A

(H314) exceeds or equals 1 %, the waste shall be classified as hazardous
according to HP 4.
If the sum of the concentrations of all substances classified as H318 exceeds or

equals 10 %, the waste shall be classified as hazardous according to HP 4.
If the sum of the concentrations of all substances classified H315 and H319
exceeds or equals 20 %, the waste shall be classified as hazardous according to
HP 4.
Note that wastes containing substances classified as H314 (Skin corr.1A, 1B or

1C) in amounts greater than or equal to 5 % will be classified as hazardous by
HP 8. HP 4 will not apply if the waste is classified as HP 8.
HP 5 Specific
‘ Target Organ Toxicity (STOT)/Aspiration
Toxicity:’ waste which can cause specific target organ toxicity
either from a single or repeated exposure, or which
cause acute toxic effects following aspiration.
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When a waste contains one or more substances classified by one or more of the
following hazard class and category codes and hazard statement codes shown in
Table 4, and one or more of the concentration limits in Table 4 is exceeded or
equalled, the waste shall be classified as hazardous according to HP 5. When
substances classified as STOT are present in a waste, an individual substance
has to be present at or above the concentration limit for the waste to be clas
sified as hazardous by HP 5.
When a waste contains one or more substances classified as Asp. Tox. 1 and the
sum of those substances exceeds or equals the concentration limit, the waste
shall be classified as hazardous by HP 5 only where the overall kinematic
viscosity (at 40 °C) does not exceed 20.5 mm2/s. (1)
waste constituents and the corresponding concentration limits for the classifi
cation of wastes as hazardous by HP 5
Hazard Class and Category

Hazard statement Code(s) Concentration limit
Code(s)
STOT SE 1 H370 1%
STOT SE 2 H371 10 %
STOT SE 3 H335 20 %
STOT RE 1 H372 1%
STOT RE 2 H373 10 %
Asp. Tox. 1 H304 10 %
HP 6 ‘Acute Toxicity:’ waste which can cause acute toxic effects following
oral or dermal administration, or inhalation
exposure.
If the sum of the concentrations of all substances contained in a waste, classified

with an acute toxic hazard class and category code and hazard statement code
given in Table 5, exceeds or equals the threshold given in that table, the waste
shall be classified as hazardous by HP 6. When more than one substance
classified as acute toxic is present in a waste, the sum of the concentrations
is required only for substances within the same hazard category.
The following cut-off values shall apply for consideration in an assessment:
— For Acute Tox. 1, 2 or 3 (H300, H310, H330, H301, H311, H331): 0.1 %;
— For Acute Tox. 4 (H302, H312, H332): 1 %.
(1) The kinematic viscosity shall only be determined for fluids.

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▼M1
Code(s)
Acute Tox.1 (Oral) H300 0,1 %

Acute Tox. 2 (Oral) H300 0,25 %
Acute Tox. 3 (Oral) H301 5%
Acute Tox 4 (Oral) H302 25 %
Acute Tox.1 (Dermal) H310 0,25 %
Acute Tox.2 (Dermal) H310 2,5 %
Acute Tox. 3 (Dermal) H311 15 %
Acute Tox 4 (Dermal) H312 55 %
Acute Tox 1 (Inhal.) H330 0,1 %
Acute Tox.2 (Inhal.) H330 0,5 %
Acute Tox. 3 (Inhal.) H331 3,5 %
Acute Tox. 4 (Inhal.) H332 22,5 %
HP 7 ‘Carcinogenic:’ waste which induces cancer or increases its inci

dence.
When a waste contains a substance classified by one of the following hazard

class and category codes and hazard statement codes and exceeds or equals one
of the following concentration limits shown in Table 6, the waste shall be
classified as hazardous by HP 7. When more than one substance classified as
carcinogenic is present in a waste, an individual substance has to be present at or
above the concentration limit for the waste to be classified as hazardous by
HP 7.

Code(s)
Carc. 1A
H350 0,1 %
Carc. 1B
Carc. 2 H351 1,0 %
HP 8 ‘Corrosive:’ waste which on application can cause skin corrosion.
When a waste contains one or more substances classified as Skin corr.1A, 1B or

1C (H314) and the sum of their concentrations exceeds or equals 5 %, the waste
shall be classified as hazardous by HP 8.
The cut-off value for consideration in an assessment for Skin corr. 1A, 1B, 1C
(H314) is 1.0 %.
HP 9 ‘Infectious:’ waste containing viable micro-organisms or their toxins

which are known or reliably believed to cause disease
in man or other living organisms.
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The attribution of HP 9 shall be assessed by the rules laid down in reference
documents or legislation in the Member States.
HP 10 Toxic
‘ for reproduction:’ waste which has adverse effects on sexual
function and fertility in adult males and
females, as well as developmental toxicity
in the offspring.

classified hazardous according to HP 10. When more than one substance clas
sified as toxic for reproduction is present in a waste, an individual substance has
to be present at or above the concentration limit for the waste to be classified as
hazardous by HP 10.

Code(s)
Repr. 1A
H360 0,3 %
Repr. 1B
Repr. 2 H361 3,0 %
HP 11 ‘Mutagenic:’ waste which may cause a mutation, that is a permanent

change in the amount or structure of the genetic
material in a cell.

classified as hazardous according to HP 11. When more than one substance
classified as mutagenic is present in a waste, an individual substance has to
be present at or above the concentration limit for the waste to be classified as
hazardous by HP 11.

Code(s)
Muta. 1A,
H340 0,1 %
Muta. 1B
Muta. 2 H341 1,0 %

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HP 12 ‘Release of an acute toxic gas:’ waste which releases acute toxic
gases (Acute Tox. 1, 2 or 3) in
contact with water or an acid.
When a waste contains a substance assigned to one of the following supple

mental hazards EUH029, EUH031 and EUH032, it shall be classified as
hazardous by HP 12 according to test methods or guidelines.
HP 13 ‘Sensitising:’ waste which contains one or more substances known to

cause sensitising effects to the skin or the respiratory
organs.
When a waste contains a substance classified as sensitising and is assigned to

one of the hazard statement codes H317 or H334 and one individual substance
equals or exceeds the concentration limit of 10 %, the waste shall be classified
as hazardous by HP 13.
▼M3
HP 14 ‘Ecotoxic:’ waste which presents or may present immediate or
delayed risks for one or more sectors of the
environment.
Waste which fulfils any of the following conditions shall be classified as

hazardous by HP 14:
— Waste which contains a substance classified as ozone depleting assigned the

hazard statement code H420 in accordance with Regulation (EC) No
1272/2008 of the European Parliament and of the Council (1) and the
concentration of such a substance equals or exceeds the concentration
limit of 0,1 %.
[c(H420) ≥ 0,1 %]
— Waste which contains one or more substances classified as aquatic acute

assigned the hazard statement code H400 in accordance with Regulation
(EC) No 1272/2008 and the sum of the concentrations of those substances
equals or exceeds the concentration limit of 25 %. A cut-off value of 0,1 %
shall apply to such substances.
[Σ c (H400) ≥ 25 %]
— Waste which contains one or more substances classified as aquatic chronic 1,

2 or 3 assigned to the hazard statement code(s) H410, H411 or H412 in
accordance with Regulation (EC) No 1272/2008, and the sum of the concen
trations of all substances classified as aquatic chronic 1 (H410) multiplied by
100 added to the sum of the concentrations of all substances classified as
aquatic chronic 2 (H411) multiplied by 10 added to the sum of the concen
trations of all substances classified as aquatic chronic 3 (H412) equals or
exceeds the concentration limit of 25 %. A cut-off value of 0,1 % applies to
substances classified as H410 and a cut-off value of 1 % applies to
substances classified as H411 or H412.
[100 × Σc (H410) + 10 × Σc (H411) + Σc (H412) ≥ 25 %]
(1) Regulation (EC) No 1272/2008 of the European Parliament and of the Council of
16 December 2008 on classification, labelling and packaging of substances and
mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and
amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1).
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— Waste which contains one or more substances classified as aquatic chronic 1,
2, 3 or 4 assigned the hazard statement code(s) H410, H411, H412 or H413
in accordance with Regulation (EC) No 1272/2008, and the sum of the
concentrations of all substances classified as aquatic chronic equals or
exceeds the concentration limit of 25 %. A cut-off value of 0,1 % applies
to substances classified as H410 and a cut-off value of 1 % applies to
substances classified as H411, H412 or H413.
[Σ c H410 + Σ c H411 + Σ c H412 + Σ c H413 ≥ 25 %]
Where: Σ = sum and c = concentrations of the substances.
▼M1
HP 15 ‘Waste capable of exhibiting a hazardous property listed above
not directly displayed by the original waste’.
When a waste contains one or more substances assigned to one of the hazard
statements or supplemental hazards shown in Table 9, the waste shall be clas
sified as hazardous by HP 15, unless the waste is in such a form that it will not
under any circumstance exhibit explosive or potentially explosive properties.
Table 9: Hazard statements and supplemental hazards for waste constituents for
the classification of wastes as hazardous by HP 15
Hazard Statement(s)/Supplemental Hazard(s)
May mass explode in fire H205

Explosive when dry EUH001
May form explosive peroxides EUH019
Risk of explosion if heated under
confinement EUH044
In addition, Member States may characterise a waste as hazardous by HP 15

based on other applicable criteria, such as an assessment of the leachate.
▼M3
__________
▼C2
Test methods:
The methods to be used are described in Commission Regulation (EC)

No 440/2008 (1) and in other relevant CEN notes or other internationally
recognised test methods and guidelines.
(1) ►C2 Commission Regulation (EC) No 440/2008 of 30 May 2008 laying down test
methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of
the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals
(REACH) (OJ L 142, 31.5.2008, p. 1). ◄
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ANNEX IV
EXAMPLES OF WASTE PREVENTION MEASURES REFERRED TO IN

ARTICLE 29
Measures that can affect the framework conditions related to the generation
of waste
1. The use of planning measures, or other economic instruments promoting the
efficient use of resources.
2. The promotion of research and development into the area of achieving

cleaner and less wasteful products and technologies and the dissemination
and use of the results of such research and development.
3. The development of effective and meaningful indicators of the environmen

tal pressures associated with the generation of waste aimed at contributing
to the prevention of waste generation at all levels, from product
comparisons at Community level through action by local authorities to
national measures.
Measures that can affect the design and production and distribution phase
4. The promotion of eco-design (the systematic integration of environmental
aspects into product design with the aim to improve the environmental
performance of the product throughout its whole life cycle).
5. The provision of information on waste prevention techniques with a view to

facilitating the implementation of best available techniques by industry.
6. Organise training of competent authorities as regards the insertion of waste

prevention requirements in permits under this Directive and Directive
96/61/EC.
7. The inclusion of measures to prevent waste production at installations not

falling under Directive 96/61/EC. Where appropriate, such measures could
include waste prevention assessments or plans.
8. The use of awareness campaigns or the provision of financial, decision

making or other support to businesses. Such measures are likely to be
particularly effective where they are aimed at, and adapted to, small and
medium sized enterprises and work through established business networks.
9. The use of voluntary agreements, consumer/producer panels or sectoral

negotiations in order that the relevant businesses or industrial sectors set
their own waste prevention plans or objectives or correct wasteful products
or packaging.
10. The promotion of creditable environmental management systems, including

EMAS and ISO 14001.
Measures that can affect the consumption and use phase

11. Economic instruments such as incentives for clean purchases or the insti
tution of an obligatory payment by consumers for a given article or element
of packaging that would otherwise be provided free of charge.
12. The use of awareness campaigns and information provision directed at the
general public or a specific set of consumers.
13. The promotion of creditable eco-labels.

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14. Agreements with industry, such as the use of product panels such as those
being carried out within the framework of Integrated Product Policies or
with retailers on the availability of waste prevention information and
products with a lower environmental impact.
15. In the context of public and corporate procurement, the integration of envi
ronmental and waste prevention criteria into calls for tenders and contracts,
in line with the Handbook on environmental public procurement published
by the Commission on 29 October 2004.
16. The promotion of the reuse and/or repair of appropriate discarded products
or of their components, notably through the use of educational, economic,
logistic or other measures such as support to or establishment of accredited
repair and reuse-centres and networks especially in densely populated
regions.
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ANNEX IVa
EXAMPLES OF ECONOMIC INSTRUMENTS AND OTHER

MEASURES TO PROVIDE INCENTIVES FOR THE APPLICATION
OF THE WASTE HIERARCHY REFERRED TO IN ARTICLE 4(3) (1)
1. Charges and restrictions for the landfilling and incineration of waste which
incentivise waste prevention and recycling, while keeping landfilling the
least preferred waste management option;
2. ‘Pay-as-you-throw ’ schemes that charge waste producers on the basis of the

actual amount of waste generated and provide incentives for separation at
source of recyclable waste and for reduction of mixed waste;
3. Fiscal incentives for donation of products, in particular food;
4. Extended producer responsibility schemes for various types of waste and

measures to increase their effectiveness, cost efficiency and governance;
5. Deposit-refund schemes and other measures to encourage efficient collection

of used products and materials;
6. Sound planning of investments in waste management infrastructure,

including through Union funds;
7. Sustainable public procurement to encourage better waste management and

the use of recycled products and materials;
8. Phasing out of subsidies which are not consistent with the waste hierarchy;
9. Use of fiscal measures or other means to promote the uptake of products

and materials that are prepared for re-use or recycled;
10. Support to research and innovation in advanced recycling technologies and

remanufacturing;
11. Use of best available techniques for waste treatment;
12. Economic incentives for regional and local authorities, in particular to

promote waste prevention and intensify separate collection schemes, while
avoiding support to landfilling and incineration;
13. Public awareness campaigns, in particular on separate collection, waste

prevention and litter reduction, and mainstreaming these issues in
education and training;
14. Systems for coordination, including by digital means, between all competent
public authorities involved in waste management;
15. Promoting continuous dialogue and cooperation between all stakeholders in

waste management and encouraging voluntary agreements and company
reporting on waste.
(1) While these instruments and measures may provide incentives for waste prevention,
which is the highest step in the waste hierarchy, a comprehensive list of more
specific examples of waste prevention measures is set out in Annex IV.
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ANNEX IVb
IMPLEMENTATION PLAN TO BE SUBMITTED PURSUANT TO

ARTICLE 11(3)
The implementation plan to be submitted pursuant to Article 11(3) shall contain

the following:
1. assessment of the past, current and projected rates of recycling, landfilling

and other treatment of municipal waste and the streams of which it is
composed;
2. assessment of the implementation of waste management plans and waste

prevention programmes in place pursuant to Articles 28 and 29;
3. reasons for which the Member State considers that it might not be able to
attain the relevant target laid down in Article 11(2) within the deadline set
therein and an assessment of the time extension necessary to meet that target;
4. measures necessary to attain the targets set out in Article 11(2) and (5) that
are applicable to the Member State during the time extension, including
appropriate economic instruments and other measures to provide incentives
for the application of the waste hierarchy as set out in Article 4(1) and Annex
IVa;
5. a timetable for the implementation of the measures identified in point 4,

determination of the body competent for their implementation and an
assessment of their individual contribution to attaining the targets applicable
in the event of a time extension;
6. information on funding for waste management in line with the polluter-pays

principle;
7. measures to improve data quality, as appropriate, with a view to better

planning and monitoring performance in waste management.
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ANNEX V
CORRELATION TABLE
Directive 2006/12/EC This Directive
Article 1(1)(a) Article 3(1)
Article 1(1)(b) Article 3(5)
Article 1(1)(c) Article 3(6)
Article 1(1)(d) Article 3(9)
Article 1(1)(e) Article 3(19)
Article 1(1)(f) Article 3(15)
Article 1(1)(g) Article 3(10)
Article 1(2) Article 7
Article 2(1) Article 2(1)
Article 2(1)(a) Article 2(1)(a)
Article 2(1)(b) Article 2(2)
Article 2(1)(b)(i) Article 2(1)(d)
Article 2(1)(b)(ii) Article 2(2)(d)
Article 2(1)(b)(iii) Article 2(1)(f) and (2)(c)
Article 2(1)(b)(iv) Article 2(2)(a)
Article 2(1)(b)(v) Article 2(1)(e)
Article 5 Article 16
Article 6 —
Article 11 Articles 24 and 25
02008L0098 — EN — 18.02.2024 — 004.002 — 57
▼B
Directive 2006/12/EC This Directive
— Article 39(2)
Article 18(2) —
Article 20 —
Annex I —
Annex IIA Annex I
Annex IIB Annex II
Directive 75/439/EEC This Directive
Article 2 Articles 13 and 21
Article 3(1) and (2) —
Article 5(1) —
Article 5(2) —
Article 5(3) —
Article 5(4) Articles 26 and 34
Article 7(a) Article 13
Article 7(b) —
Article 8(1) —
Article 8(2)(a) —
Article 8(2)(b) —
Article 8(3) —
Article 9 —

02008L0098 — EN — 18.02.2024 — 004.002 — 58
▼B
Article 10(3) and (4) —
Article 10(5) Articles 19, 21, 25, 34 and 35
Article 11 —
Article 13(2) —
Article 14 —
Article 15 —
Article 16 —
Article 17 —
Article 19 —
Article 20 —
Article 21 —
Article 22 —
Annex I —
Article 1(1) —
Article 1(2) —
Article 1(3) —
Article 1(4) Articles 3(2) and 7
Article 2(2)-(4) Article 18
Article 3 Articles 24, 25 and 26
Article 4(2)(3) Article 35
02008L0098 — EN — 18.02.2024 — 004.002 — 59
▼B
Article 7 —
Article 8 —
Article 9 —
Article 10 —
Article 11 —
Article 12 —
Annexes I and II —
Annex III Annex III

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02008L0098 — EN — 18.02.2024 — 004.

►B DIRECTIVE 2008/98/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

►C1 Corrigendum, OJ L 297, 13.11.2015, p. 9 (2015/1127)

SUBJECT MATTER, SCOPE AND DEFINITIONS

This Directive lays down measures to protect the environment and

1. The following shall be excluded from the scope of this Directive:

(a) gaseous effluents emitted into the atmosphere;

(b) land (in situ) including unexcavated contaminated soil and

(c) uncontaminated soil and other naturally occurring material

(d) radioactive waste;

(e) decommissioned explosives;

2. The following shall be excluded from the scope of this Directive

(a) waste waters;

(b) animal by-products including processed products covered by Regu­

(d) waste resulting from prospecting, extraction, treatment and storage

4. Specific rules for particular instances, or supplementing those of

1. ‘waste’ means any substance or object which the holder discards

2. ‘hazardous waste’ means waste which displays one or more of the

2b. ‘municipal waste’ means:

(a) mixed waste and separately collected waste from households,

(1) OJ L 102, 11.4.2006, p. 15.

Municipal waste does not include waste from production, agri­

This definition is without prejudice to the allocation of responsi­

2c. ‘construction and demolition waste’ means waste generated by

4a. ‘food waste’ means all food as defined in Article 2 of Regulation

6. ‘waste holder’ means the waste producer or the natural or legal

7. ‘dealer’ means any undertaking which acts in the role of principal

8. ‘broker’ means any undertaking arranging the recovery or disposal

(1) Regulation (EC) No 178/2002 of the European Parliament and of the

11. ‘separate collection’ means the collection where a waste stream is

12. ‘prevention’ means measures taken before a substance, material or

(a) the quantity of waste, including through the re-use of products

(b) the adverse impacts of the generated waste on the environ­

14. ‘treatment’ means recovery or disposal operations, including prep­

15. ‘recovery’ means any operation the principal result of which is

17. ‘recycling’ means any recovery operation by which waste

20. ‘best available techniques’ means best available techniques as

1. The following waste hierarchy shall apply as a priority order in

(b) preparing for re-use;

(d) other recovery, e.g. energy recovery; and

2. When applying the waste hierarchy referred to in paragraph 1,

Member States shall ensure that the development of waste legislation

Member States shall take into account the general environmental

(c) the substance or object is produced as an integral part of a

Those detailed criteria shall ensure a high level of protection of the

Those implementing acts shall be adopted in accordance with the exa­

Member States shall notify the Commission of those detailed criteria in

2. The Commission shall monitor the development of national end-

Those detailed criteria shall ensure a high level of protection of the

(a) permissible waste input material for the recovery operation;

(b) allowed treatment processes and techniques;

(c) quality criteria for end-of-waste materials resulting from the

(d) requirements for management systems to demonstrate compliance

(e) a requirement for a statement of conformity.

Those implementing acts shall be adopted in accordance with the exa­

When adopting those implementing acts, the Commission shall take

Member States shall notify the Commission of those criteria in

Member States may make information about case-by-case decisions and

5. The natural or legal person who:

►M4 1. The Commission is empowered to adopt delegated acts in

(b) animal by-products including processed products covered by Regu

Municipal waste does not include waste from production, agri

This definition is without prejudice to the allocation of responsi

(b) the adverse impacts of the generated waste on the environ

14. ‘treatment’ means recovery or disposal operations, including prep

Those implementing acts shall be adopted in accordance with the exa

Those implementing acts shall be adopted in accordance with the exa

(b) in the case of collective fulfilment of extended producer responsi

(i) in the case of extended producer responsibility schemes estab

(ii) in the case of extended producer responsibility schemes estab

(iii) in the case of extended producer responsibility schemes estab

5. Member States shall establish an adequate monitoring and en

7. The Commission shall adopt implementing acts to establish indi

(c) separate collection is not technically feasible taking into consider