DIRECTIVE (EU) 2018/851 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  
of 30 May 2018  
amending Directive 2008/98/EC on waste  
(Text with EEA relevance)  
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,  
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) thereof,  
Having regard to the proposal from the European Commission,  
After transmission of the draft legislative act to the national parliaments,  
Having regard to the opinion of the European Economic and Social Committee (  1 ), 
Having regard to the opinion of the Committee of the Regions (  2 ), 
Acting in accordance with the ordinary legislative procedure (  3 ), 
Whereas:  
(1) Waste management in the Union should be improved and transformed into sustainable material management, with 
a view to protecting, preserving and improving the quality of the environment, protecting human health, ensuring 
prudent, efficient and rational utilisation of natural resources, promoting the principles of the circular economy, 
enhancing the use of renewable energy, increasing energy efficiency, reducing the dependence of the Union on 
imported resources, providing new economic opportunities and contributing to long-term competitiveness. In 
order to make the economy truly circular, it is necessary to take additional measures on sustainable production 
and consumption, by focusing on the whole life cycle of products in a way that preserves resources and closes the 
loop. The more efficient use of resources would also bring substantial net savings for Union businesses, public 
authorities and consumers, while reducing total annual greenhouse gas emissions.  
(2) Improving the efficiency of resource use and ensuring that waste is valued as a resource can contribute to reducing 
the Union’s dependence on the import of raw materials and facilitate the transition to more sustainable material 
management and to a circular economy model. That transition should contribute to the smart, sustainable and 
inclusive growth goals set out in the Europe 2020 strategy and create important opportunities for local economies 
and stakeholders, while helping to increase synergies between the circular economy and energy, climate, agri ­
culture, industry and research policies as well as bringing benefits to the environment in terms of greenhouse gas 
emission savings and to the economy.  
(3) The targets laid down in Directive 2008/98/EC of the European Parliament and of the Council (  4 ) for preparing for 
re-use and recycling of waste should be increased to make them better reflect the Union’s ambition to move to a 
circular economy.  
(4) The coherence between Directive 2008/98/EC and related Union legislative acts such as Directive 2009/28/EC of 
the European Parliament and of the Council (  5 ) and Regulation (EC) No 1907/2006 of the European Parliament 
and of the Council (  6 ) needs to be ensured.EN 14.6.2018 Official Journal of the European Union L 150/109  
( 1 ) OJ C 264, 20.7.2016, p. 98.  
( 2 ) OJ C 17, 18.1.2017, p. 46.  
( 3 ) Position of the European Parliament of 18 April 2018 (not yet published in the Official Journal) and decision of the Council of 
22 May 2018.  
( 4 ) Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain 
Directives (OJ L 312, 22.11.2008, p. 3).  
( 5 ) Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy fro m 
renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (OJ L 140, 5.6.2009, p. 16).  
( 6 ) Regulation (EC) No 1907/2006 of the European Parliament and 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). (5) Many Member States have not yet completely developed the necessary waste management infrastructure. It is 
therefore essential to set clear long-term policy objectives in order to guide measures and investments, notably by 
preventing the creation of structural overcapacities for the treatment of residual waste and lock-ins of recyclable 
materials at the lower levels of the waste hierarchy.  
(6) Municipal waste constitutes approximately between 7 and 10 % of the total waste generated in the Union. That 
waste stream, however, is amongst the most complex ones to manage, and the way it is managed generally gives a 
good indication of the quality of the overall waste management system in a country. The challenges of municipal 
waste management result from its highly complex and mixed composition, direct proximity of the generated waste 
to citizens, a very high public visibility and its impact on the environment and human health. As a result, the 
management of municipal waste requires a highly complex system including an efficient collection scheme, an 
effective sorting system and a proper tracing of waste streams, the active engagement of citizens and businesses, an 
infrastructure adjusted to the specific waste composition, and an elaborate financing system. Countries which have 
developed efficient municipal waste management systems generally perform better in overall waste management, 
including the attainment of the recycling targets.  
(7) Experience has shown that, irrespective of the allocation of responsibilities for waste management between public 
and private actors, waste management systems can help to achieve a circular economy and that the decision on the 
allocation of responsibilities frequently depends on geographical and structural conditions. The rules laid down in 
this Directive allow for waste management systems where the municipalities have the general responsibility for 
collecting municipal waste, for systems where such services are contracted out to private operators, or for any 
other type of allocation of responsibilities between public and private actors. The choice for any such systems, and 
whether or not to change them, remains the responsibility of Member States.  
(8) Plant-based substances from the agri-food industry and food of non-animal origin no longer intended for human 
consumption which are destined for oral animal feeding should, in order to avoid duplication of rules, be excluded 
from the scope of Directive 2008/98/EC if in full compliance with Union feed legislation. Directive 2008/98/EC 
should therefore not apply to those products and substances when used for feed, and the scope of that Directive 
needs to be clarified accordingly. Without prejudice to other Union provisions applicable in the field of animal 
nutrition, animal by-products destined to be used as feed materials in accordance with Regulation (EC) 
No 767/2009 of the European Parliament and of the Council (  1 ) are already excluded from the scope of 
Directive 2008/98/EC to the extent that they are covered by other Union legislation.  
(9) Definitions of non-hazardous waste, municipal waste, construction and demolition waste, food waste, material 
recovery, backfilling and extended producer responsibility scheme need to be included in Directive 2008/98/EC so 
that the scope of these concepts is clarified.  
(10) To ensure that preparing for re-use and recycling targets are based on reliable and comparable data and to enable a 
more effective monitoring of progress in attaining those targets, the definition of municipal waste in Directive 
2008/98/EC should be in line with the definition used for statistical purposes by Eurostat and the Organisation for 
Economic Cooperation and Development (OECD), on the basis of which Member States have been reporting data 
for several years. Municipal waste is defined as waste from households and waste from other sources, such as retail, 
administration, education, health services, accommodation and food services, and other services and activities, 
which is similar in nature and composition to waste from households. Therefore, municipal waste includes,  inter 
alia, waste from park and garden maintenance, such as leaves, grass and tree clippings, and waste from market and 
street cleaning services, such as the content of litter containers and sweepings except materials such as sand, rock, 
mud or dust. Member States are to ensure that waste from large commerce and industry which is not similar to 
waste from households is not included in the scope of municipal waste. Waste from production, agriculture, 
forestry, fishing, construction and demolition, septic tanks and sewage network and treatment, and end-of-life 
vehicles are excluded from the scope of municipal waste. Municipal waste is to be understood as corresponding toEN L 150/110 Official Journal of the European Union 14.6.2018  
( 1 ) Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and us e 
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). the types of waste included in Chapter 15 01 and Chapter 20, with the exception of codes 20 02 02, 20 03 04 
and 20 03 06, of the list of waste established by Commission Decision 2014/955/EU (  1 ) in the version in force on 
4 July 2018. Waste falling under other chapters of that list is not to be considered as municipal waste except in 
cases where municipal waste undergoes treatment and is assigned codes listed in Chapter 19 of that list. Member 
States may use relevant categories in that list for statistical purposes. The definition of municipal waste in this 
Directive is introduced for the purposes of determining the scope of application of the preparing for re-use and 
recycling targets and their calculation rules. It is neutral with regard to the public or private status of the operator 
managing the waste and therefore includes waste from households and other sources that is managed by or on 
behalf of municipalities or directly by private operators.  
(11) While the definition of construction and demolition waste refers to waste that results from construction and 
demolition activities in a general way, it also includes waste arising from minor do-it-yourself construction and 
demolition activities within private households. Construction and demolition waste should be understood as 
corresponding to the types of waste included in Chapter 17 of the list of waste established by Decision 
2014/955/EU in the version in force on 4 July 2018.  
(12) A definition of material recovery should be introduced to cover forms of recovery other than energy recovery and 
other than the reprocessing of waste into materials used as fuels or other means to generate energy. It includes 
preparing for re-use, recycling and backfilling and other forms of material recovery such as the reprocessing of 
waste into secondary raw materials for engineering purposes in construction of roads or other infrastructure. 
Depending on the specific factual circumstances, such reprocessing can fulfil the definition of recycling if the use of 
materials is based on proper quality control and meets all relevant standards, norms, specifications and environ ­
mental and health protection requirements for the specific use.  
(13) A definition of backfilling should be introduced to clarify that it means any recovery operation of suitable non- 
hazardous waste for the purposes of reclamation in excavated areas or for engineering purposes in landscaping. 
The waste used for backfilling should be limited to the amount strictly necessary to achieve those purposes.  
(14) A definition of extended producer responsibility scheme should be introduced to clarify that it means a set of 
measures taken by Member States requiring producers of products to bear financial or financial and organisational 
responsibility for the management of the waste stage of a product’s life cycle including separate collection, sorting 
and treatment operations. That obligation can also include organisational responsibility and a responsibility to 
contribute to waste prevention and to the reusability and recyclability of products. Producers of products can fulfil 
the obligations of the extended producer responsibility scheme individually or collectively.  
(15) In order to contribute to achieving the objectives laid down in Directive 2008/98/EC, Member States should make 
use of economic instruments and other measures to provide incentives for the application of the waste hierarchy 
such as those indicated in Annex IVa, which includes,  inter alia , landfill and incineration charges, pay-as-you-throw 
schemes, extended producer responsibility schemes, facilitation of food donation, and incentives for local author ­
ities, or other appropriate instruments and measures.  
(16) In order to promote sustainable use of resources and industrial symbiosis, Member States should take appropriate 
measures to facilitate the recognition as a by-product of a substance or an object resulting from a production 
process the primary aim of which is not the production of that substance or object if the harmonised conditions 
established at Union level are respected. The Commission should be empowered to adopt implementing acts in 
order to establish detailed criteria on the application of the by-product status, prioritising replicable practices of 
industrial symbiosis.  
(17) In order to provide operators in markets for secondary raw materials with more certainty as to the waste or non- 
waste status of substances or objects and to promote a level playing field, it is important that Member States take 
appropriate measures to ensure that waste that has undergone a recovery operation is considered to have ceased to 
be waste if it complies with all the conditions laid down in Article 6(1) of Directive 2008/98/EC as amended by 
this Directive. Such measures may include the adoption of legislation transposing those conditions supported by 
procedures for their implementation, such as the establishment of material and application-specific end-of-waste 
criteria, guidance documents, case-by-case decisions and other procedures for the ad hoc application of the 
harmonised conditions established at Union level. Such measures should include enforcement provisions to 
verify that waste that is considered to have ceased to be waste as a result of a recovery operation complies 
with the law of the Union on waste, chemicals and products, in particular prioritising waste streams that pose aEN 14.6.2018 Official Journal of the European Union L 150/111  
( 1 ) Commission Decision 2014/955/EU of 18 December 2014 amending Decision 2000/532/EC on the list of waste pursuant to 
Directive 2008/98/EC of the European Parliament and of the Council (OJ L 370, 30.12.2014, p. 44). higher risk to human health and the environment due to the nature and volume of those waste streams, waste that 
is subject to innovative recovery processes or waste that is recovered for subsequent further use in other Member 
States. Measures may also include the setting of a requirement on the operators recovering waste or holders of 
recovered waste materials to demonstrate compliance with the conditions laid down in Article 6(1) of Directive 
2008/98/EC as amended by this Directive. In order to prevent illegal shipments of waste and to raise awareness 
among Member States and economic operators, there should be greater transparency about Member State 
approaches to end-of-waste status, in particular with regard to their case-by-case decisions and the result of 
verification by competent authorities, as well as the specific concerns of Member States and competent authorities 
about certain waste streams. The final determination whether the conditions laid down in Article 5 or in Article 6 
of Directive 2008/98/EC as amended by this Directive are fulfilled remains the exclusive responsibility of the 
Member State based on all relevant information provided by the holder of the material or waste.  
(18) Implementing powers should be conferred on the Commission in order to establish detailed criteria on the 
application of the end-of-waste status. In that context, specific end-of-waste criteria should be considered at 
least for aggregates, paper, tyres and textiles.  
(19) The application of rules on by-products and end-of-waste should be without prejudice to other provisions of 
Union law, particularly Article 28 and Article 50(4a) and (4b) of Regulation (EC) No 1013/2006 of the European 
Parliament and of the Council (  1 ) on shipments of waste, legislation on chemicals and legislation concerning the 
placing on the market of certain products. End-of-waste status can only be achieved if substances or objects 
comply with relevant requirements applicable to products. End-of-waste rules can be established in product-specific 
legislation.  
(20) Member States should take appropriate measures to encourage the development, production, marketing and use 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 and without compromising the 
free movement of goods in the internal market. Those measures should take into account the impact of products 
throughout their life cycle, the waste hierarchy and, where appropriate, the potential for multiple recycling.  
(21) Extended producer responsibility schemes form an essential part of efficient waste management. However, their 
effectiveness and performance differ significantly between Member States. It is necessary therefore to set minimum 
operating requirements for such extended producer responsibility schemes, and to clarify that those requirements 
also apply to extended producer responsibility schemes established pursuant to other legislative acts of the Union, 
in particular Directives 2000/53/EC (  2 ), 2006/66/EC (  3 ) and 2012/19/EU (  4 ) of the European Parliament and of the 
Council, in addition to the requirements already laid down therein, unless explicitly stated otherwise. It is necessary 
to make a distinction between those general minimum requirements that apply to all schemes and those that only 
apply to organisations implementing extended producer responsibility obligations on behalf of producers of 
products. Unless Member States decide otherwise, the general minimum requirements for extended producer 
responsibility schemes do not apply to schemes that do not fulfil the definition of an extended producer respon ­
sibility scheme.  
(22) The general minimum requirements should reduce costs and boost performance, as well as ensure a level playing 
field, including for small and medium-sized enterprises and e-commerce enterprises, and avoid obstacles to the 
smooth functioning of the internal market. They should also contribute to the incorporation of end-of-life costs 
into product prices and provide incentives for producers, when designing their products, to take better into 
account recyclability, reusability, reparability and the presence of hazardous substances. Overall, those requirements 
should improve the governance and transparency of extended producer responsibility schemes and reduce theEN L 150/112 Official Journal of the European Union 14.6.2018  
( 1 ) Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ L 190, 
12.7.2006, p. 1).  
( 2 ) Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of life vehicles (OJ L 269, 
21.10.2000, p. 34).  
( 3 ) Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and wast e 
batteries and accumulators and repealing Directive 91/157/EEC (OJ L 266, 26.9.2006, p. 1).  
( 4 ) Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipmen t 
(WEEE) (OJ L 197, 24.7.2012, p. 38). possibility of conflicts of interest emerging between organisations implementing extended producer responsibility 
obligations on behalf of producers of products and waste operators that those organisations contract. The 
requirements should apply to both new and existing extended producer responsibility schemes. A transitional 
period is however necessary for existing extended producer responsibility schemes to adapt their structures and 
procedures to the new requirements.  
(23) Public authorities play an important role in the organisation of municipal waste collection and treatment and 
related communication with citizens. Provisions relating to the financial responsibility of producers of products 
introduced as part of the general minimum requirements for extended producer responsibility schemes should 
apply without prejudice to the competence of public authorities as regards the collection and treatment of 
municipal waste.  
(24) In cases where public authorities are responsible for organising the operational aspects of managing waste from 
products that are subject to extended producer responsibility schemes, those services should be provided in a cost- 
efficient manner and the financial responsibility of producers of products should not exceed the costs necessary to 
provide those services. Such costs should be established in a transparent way between the actors concerned, 
including producers of products, their organisations and public authorities.  
(25) In order to ensure proper waste management, where producers of products or organisations implementing 
extended producer responsibility obligations on their behalf are responsible for the management of waste from 
products that they place on the market, they should ensure continuity of waste management services throughout 
the year, even if the targets and objectives applicable to them are met. They should also not restrict those services 
in terms of geographical, product and material coverage to the areas where the collection and management of 
waste are the most profitable.  
(26) Producers of products should cover the costs necessary to meet the waste management targets and other targets 
and objectives, including on waste prevention, defined for the relevant extended producer responsibility scheme. 
Under strict conditions, those costs can be shared with the original waste producers or distributors where justified 
by the need to ensure proper waste management and the economic viability of the extended producer responsi ­
bility scheme.  
(27) The Commission should adopt guidelines on the modulation of financial contributions of producers of products to 
extended producer responsibility schemes in order to assist Member States in the implementation of this Directive 
in facilitating the functioning of the internal market. To ensure coherence in the internal market, the Commission 
should be able to adopt harmonised criteria for that purpose by means of implementing acts.  
(28) Authorised representatives established to fulfil extended producer responsibility obligations of producers of 
products may be subject to requirements that enable the Member State on whose territory they are established 
to monitor and verify compliance with those obligations. However, those requirements should not go beyond the 
requirements that are applicable to the producers of products and organisations implementing extended producer 
responsibility obligations on their behalf established in that Member State.  
(29) Waste prevention is the most efficient way to improve resource efficiency and to reduce the environmental impact 
of waste. It is important therefore that Member States take appropriate measures to prevent waste generation and 
monitor and assess progress in the implementation of such measures. As part of such measures, Member States 
should facilitate innovative production, business and consumption models that reduce the presence of hazardous 
substances in materials and products, that encourage the increase of the lifespan of products and that promote re- 
use including through the establishment and support of re-use and repair networks, such as those run by social 
economy enterprises, deposit-refund and return-refill schemes and by incentivising remanufacturing, refurbishment 
and, where appropriate, repurposing of products as well as sharing platforms. In order to ensure a uniform 
measurement of the overall progress in the implementation of waste prevention measures, common indicators 
and targets should be established.EN 14.6.2018 Official Journal of the European Union L 150/113 
(30) The promotion of sustainability in production and consumption can contribute significantly to waste prevention. 
Member States should take steps to make consumers aware of that contribution and encourage them to participate 
more actively in order to improve resource efficiency. As part of measures to reduce waste generation, Member 
States should include continuous communication and education initiatives to raise awareness on the issues 
surrounding waste prevention and littering and may include the use of deposit-refund schemes and the setting 
of quantitative targets, and provide, as appropriate, adequate economic incentives to producers.  
(31) Member States should take measures to promote prevention and reduction of food waste in line with the 2030 
Agenda for Sustainable Development, adopted by the United Nations (UN) General Assembly on 25 September 
2015, and in particular its target of halving per capita global food waste at the retail and consumer levels and 
reduce food losses along production and supply chains, including post-harvest losses, by 2030. Those measures 
should aim to prevent and reduce 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. In order to contribute and 
ensure to be on track towards the attainment of the UN Sustainable Development Goal, Member States should aim 
to achieve an indicative Union-wide food waste reduction target of 30 % by 2025 and 50 % by 2030. Having 
regard to the environmental, social and economic benefits of preventing food waste, Member States should 
establish specific food waste prevention measures, including awareness campaigns to demonstrate how to 
prevent food waste, in their waste prevention programmes. Member States should measure progress made in 
the reduction of food waste. To measure that progress and to facilitate the exchange of good practices across the 
Union both between Member States and between food business operators, a common methodology for such 
measurement should be established. Based on those methodologies, reporting on food waste levels should take 
place on an annual basis.  
(32) In order to prevent food waste, Member States should provide incentives for the collection of unsold food products 
at all stages of the food supply chain and for their safe redistribution, including to charitable organisations. 
Consumer awareness of the meaning of ‘use-by’ and ‘best-before’ dates should also be improved in order to 
reduce food waste.  
(33) Litter, whether in cities, on land, in rivers and seas or elsewhere, has direct and indirect detrimental impacts on the 
environment, the well-being of citizens and the economy, and the costs to clean it up present an unnecessary 
economic burden for society. Member States should take measures aimed at preventing all forms of abandonment, 
dumping, uncontrolled management or other forms of discarding of waste. Member States should also take 
measures to clean up litter present in the environment, irrespective of its source or size and regardless of 
whether waste has been discarded wilfully or by negligence. Measures to prevent and reduce litter from 
products that are the main sources of littering in the natural and marine environments could consist of,  inter 
alia, improvements in waste management infrastructure and practices, economic instruments and awareness raising 
campaigns. When considering a measure having restrictive effects on intra-Union trade, Member States should be 
able to demonstrate that the measure in question is adequate to attain the objective of preventing and reducing 
littering in the natural and marine environment, does not go beyond what is necessary to attain that objective and 
does not constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States.  
(34) The fight against litter should be a shared effort between competent authorities, producers and consumers. 
Consumers should be incentivised to change their behaviour including through education and awareness 
raising, while producers should promote the sustainable use of and contribute to appropriate end-of-life 
management of their products.  
(35) Litter in the marine environment is a particularly pressing problem, and Member States should take measures that 
aim at halting the generation of marine litter in the Union, thereby contributing to the goal of the 2030 Agenda 
for Sustainable Development adopted by the UN General Assembly on 25 September 2015 to prevent and 
significantly reduce by 2025 marine pollution of all kinds, in particular from land-based activities, including 
marine debris and nutrient pollution. Since marine litter, in particular for plastic waste, stems to a large extent 
from land-based activities caused mainly by poor solid waste management practices and infrastructure, littering by 
citizens and lack of public awareness, specific measures should be laid down in waste prevention programmes and 
waste management plans. Those measures should contribute to the goal of achieving good environmental status inEN L 150/114 Official Journal of the European Union 14.6.2018 
the marine environment by 2020 as laid down in Directive 2008/56/EC of the European Parliament and of the 
Council (  1 ). In accordance with that Directive, Member States are required to establish specific strategies and 
measures and update them every six years. They are also required to regularly report, starting in 2018, on the 
progress to maintain or achieve the goal of good environmental status. Measures to tackle litter in Directive 
2008/98/EC should therefore be coordinated with the measures required under Directive 2008/56/EC and 
Directive 2000/60/EC of the European Parliament and of the Council (  2 ). 
(36) Certain raw materials are of a high importance to the economy of the Union and their supply is associated with a 
high risk. In order to ensure security of supply of those raw materials and in line with the Raw Materials Initiative 
established by the Commission in its communication of 4 November 2008 on ‘The raw materials initiative — 
meeting our critical needs for growth and jobs in Europe’ and the objectives and targets of the European 
Innovation Partnership on Raw Materials, Member States should take measures to promote the re-use of 
products constituting the main sources of critical raw materials to prevent that those materials become waste. 
In that context, the Commission has established a list of such materials for the Union in its communication of 
13 September 2017 on ‘the 2017 list of Critical Raw Materials for the EU’ and that list is subject to regular review.  
(37) To further support effective implementation of the Raw Materials Initiative, Member States should also take 
measures to achieve the best possible management of waste containing significant amounts of critical raw 
materials, taking economic and technological feasibility and environmental and health benefits into account. 
They should also include in their waste management plans nationally appropriate measures regarding collection, 
sorting and recovery of waste containing significant amounts of those raw materials. The measures should be 
included in the waste management plans when they are updated for the first time following the entry into force of 
this Directive. The Commission should provide information about the relevant product groups and waste streams 
at Union level. The provision of that information does not preclude, however, Member States from taking 
measures for other raw materials considered as important to their national economy.  
(38) When products, materials and substances become waste, the presence of hazardous substances may render that 
waste unsuitable for recycling or the production of secondary raw materials of high quality. Therefore, in line with 
the 7th Environment Action Programme, which calls for the development of non-toxic material cycles, it is 
necessary to promote measures to reduce the content of hazardous substances in materials and products, 
including recycled materials, and to ensure that sufficient information about the presence of hazardous substances 
and especially substances of very high concern is communicated throughout the whole life cycle of products and 
materials. In order to achieve those objectives, it is necessary to improve the coherence among the law of the 
Union on waste, on chemicals and on products and to provide a role for the European Chemicals Agency to 
ensure that the information about the presence of substances of very high concern is available throughout the 
whole life cycle of products and materials, including at the waste stage.  
(39) Improving resource use could bring substantial net savings for Union businesses, public authorities and consumers 
while reducing total annual greenhouse gas emissions. For that reason, the Commission should propose, by the 
end of 2018, a lead indicator and a dashboard of sub-indicators on resource efficiency in order to monitor the 
progress towards the target of increasing resource efficiency at Union level.  
(40) Fostering a sustainable bio-economy can contribute to decreasing the Union’s dependence on imported raw 
materials. Bio-based recyclable products and compostable bio-degradable products could represent therefore an 
opportunity to stimulate further research and innovation and to substitute fossil fuel-based feedstock with 
renewable resources.  
(41) In order to avoid waste treatment which locks in resources at the lower levels of the waste hierarchy, increase 
preparing for re-use and recycling rates, enable high-quality recycling and boost the uptake of quality secondary 
raw materials, Member States should ensure enhanced compliance with the obligation to collect waste separately, 
as laid down in Articles 10(2) and 11(1) of Directive 2008/98/EC, including the obligation to set up separate 
collection for at least paper, metal, plastic and glass waste that Member States had to meet by 2015, and shouldEN 14.6.2018 Official Journal of the European Union L 150/115  
( 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). introduce separate collection of bio-waste, hazardous waste produced by households and textile waste. Where 
appropriate, hazardous bio-waste and packaging waste containing hazardous substances should be subject to 
specific collection requirements.  
(42) Separate collection could be achieved through door-to-door collection, bring and reception systems or other 
collection arrangements. While the obligation to separately collect waste requires that waste be kept separate 
by type and nature, it should be possible to collect certain types of waste together provided that this does not 
impede high-quality recycling or other recovery of waste, in line with the waste hierarchy. Member States should 
also be allowed to deviate from the general obligation to separately collect waste in other duly justified cases, for 
instance where the separate collection of specific waste streams in remote and scarcely populated areas causes 
negative environmental impacts that outweigh its overall environmental benefits or entails disproportionate 
economic costs. When assessing any cases in which economic costs might be disproportionate, Member States 
should take into account the overall economic benefits of separate collection, including in terms of avoided direct 
costs and costs of adverse environmental and health impacts associated with the collection and treatment of mixed 
waste, revenues from sales of secondary raw materials and the possibility to develop markets for such materials, as 
well as contributions by waste producers and producers of products, which could further improve the cost- 
efficiency of waste management systems.  
(43) The targets for preparing for re-use and recycling of municipal waste should be increased in order to deliver 
substantial environmental, economic and social benefits and to accelerate the shift towards a circular economy.  
(44) Through a progressive increase of the existing targets for preparing for re-use and recycling of municipal waste, it 
should be ensured that economically valuable waste materials are effectively prepared for re-use or recycled, while 
ensuring a high-level protection of human health and the environment, and that economically valuable materials 
found in waste are channelled back into the European economy, thus advancing the Raw Materials Initiative and 
the creation of a circular economy.  
(45) Large differences exist among Member States with respect to their waste management performance, particularly as 
regards recycling of municipal waste. In order to take account of those differences, those Member States which in 
2013 prepared for re-use and recycled less than 20 % of their municipal waste or landfilled more than 60 % of 
their municipal waste according to data reported under the Joint Questionnaire of the OECD and Eurostat should 
be allowed to decide to extend the time for complying with the preparing for re-use and recycling targets 
established for 2025, 2030 and 2035. In light of average annual progression rates observed in Member States 
over the past 15 years, those Member States would need to increase their recycling capacity to levels that are well 
above past averages to meet those targets. In order to ensure that steady progress towards the targets is made and 
that implementation gaps are tackled in due time, Member States that make use of additional time should meet 
interim-targets and, based on detailed criteria, establish an implementation plan.  
(46) In order to ensure the reliability of data, it is important to lay down more precisely the rules according to which 
Member States should report what is effectively recycled and prepared for re-use and can be counted towards the 
attainment of the targets. The calculation of the recycling targets should be based on the weight of municipal waste 
which enters recycling. As a general rule, the actual measurement of the weight of municipal waste counted as 
recycled should be at the point where municipal waste enters the recycling operation. Nevertheless, in order to 
limit administrative burdens, Member States should, under strict conditions and by way of derogation from the 
general rule, be allowed to establish the weight of municipal waste recycled on the basis of measuring the output 
of any sorting operation. Losses of materials which occur before the waste enters the recycling operation, for 
instance due to sorting or other preliminary operations, should not be included in the waste amounts reported as 
recycled. Those losses can be established on the basis of electronic registries, technical specifications, detailed rules 
on the calculation of average loss rates for various waste streams or other equivalent measures. Member States 
should report on such measures in the quality check reports accompanying the data on waste recycling which they 
report to the Commission. The average loss rates should preferably be established at the level of individual sorting 
facilities and should be linked to the different main types of waste, different sources (such as household orEN L 150/116 Official Journal of the European Union 14.6.2018 
commercial), different collection schemes and different types of sorting processes. Average loss rates should only 
be used in cases where no other reliable data are available, in particular in the context of shipment and export of 
waste. Losses in weight of materials or substances due to physical or chemical transformation processes inherent in 
the recycling operation whereby waste materials are actually reprocessed into products, materials or substances 
should not be deducted from the weight of the waste reported as recycled.  
(47) With the alignment of the definitions contained in European Parliament and Council Directive 94/62/EC (  1 ), 
Directive 2000/53/EC, Directive 2006/66/EC, Directive 2008/98/EC, and Directive 2012/19/EU, the provision 
in Article 6 of Directive 2008/98/EC on considering waste that ceases to be waste for the purposes of the 
recovery and recycling targets set in those Directives is no longer necessary. Materials that cease to be waste 
through a recovery or recycling operation are to be counted for the attainment of the respective recovery or 
recycling targets set in those Directives in line with the applicable calculation methods. Where waste materials 
cease to be waste as a result of a preparatory operation before being actually reprocessed, such materials can be 
counted as recycled provided that they are destined for subsequent reprocessing into products, materials or 
substances, whether for the original or other purposes. End-of-waste materials which are to be used as fuels or 
other means to generate energy, which are backfilled or disposed of, or which are to be used in any operation that 
has the same purpose as recovery of waste other than preparing for re-use and recycling, should not be counted 
towards the attainment of the recycling targets.  
(48) Where the calculation of the recycling rate is applied to aerobic or anaerobic treatment of biodegradable waste, the 
amount of waste that enters aerobic or anaerobic treatment can be counted as recycled provided that such 
treatment generates output which is to be used as a recycled product, material or substance. While the output 
of such treatment is most commonly compost or digestate, other output could also be taken into account provided 
that it contains comparable quantities of recycled content in relation to the amount of the treated biodegradable 
waste. In other cases, in line with the definition of recycling, the reprocessing of biodegradable waste into materials 
which are to be used as fuels or other means to generate energy, which are disposed of, or which are to be used in 
any operation that has the same purpose as recovery of waste other than preparing for re-use and recycling, should 
not be counted towards the attainment of the recycling targets.  
(49) Member States should be able, for the purposes of calculating whether the preparing for re-use and recycling 
targets are attained, to take into account the recycling of metals that are separated after incineration of municipal 
waste. In order to ensure a uniform calculation of this data, the Commission should adopt detailed rules on the 
quality criteria for recycled metals and on the calculation, verification and reporting of data.  
(50) In the case of exports of waste from the Union for preparing for re-use or recycling, Member States should make 
effective use of the inspection powers provided for in Article 50(4c) of Regulation (EC) No 1013/2006 to require 
documentary evidence to ascertain whether a shipment is destined for recovery operations which are in compliance 
with Article 49 of that Regulation and therefore managed in an environmentally sound manner at a facility 
operating in accordance with human health and environmental protection standards that are broadly equivalent 
to standards established in Union legislation. In carrying out that task, Member States could cooperate with other 
relevant actors, such as the competent authorities in the country of destination, independent third-party verification 
bodies or organisations implementing extended producer responsibility obligations on behalf of producers of 
products established under extended producer responsibility schemes, which could carry out physical and other 
checks of facilities in third countries. In the quality check report accompanying the data on the attainment of the 
targets, Member States should report on the measures to implement the obligation to ensure that waste exported 
from the Union is treated in broadly equivalent conditions to those required under relevant Union environmental 
law.  
(51) In order to ensure better, more timely and more uniform implementation of this Directive and anticipate any 
implementation weaknesses, a system of early warning reports should be established to detect shortcomings and 
allow taking action ahead of the deadlines for meeting the targets.  
(52) Industrial waste, certain parts of commercial waste and extractive waste are extremely diversified in terms of 
composition and volume, and very different depending on the economic structure of a Member State, the structure 
of the industry or commerce sector that generates the waste and the industrial or commercial density in a given 
geographical area. Hence, for most industrial and extractive waste, an industry-oriented approach using Best 
Available Techniques reference documents and similar instruments to address the specific issues related to the 
management of a given type of waste has been considered a suitable solution. However, industrial and commercialEN 14.6.2018 Official Journal of the European Union L 150/117  
( 1 ) European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (OJ L 365, 
31.12.1994, p. 10). packaging waste should continue to be covered by the requirements of Directives 94/62/EC and 2008/98/EC, 
including their respective improvements. With a view to exploring further the potential to increase the preparing 
for re-use and recycling of commercial waste, non-hazardous industrial waste and other key waste streams, the 
Commission should consider the setting of targets for those waste streams.  
(53) With a view to ensuring that the objectives of Union waste law continue to be met, it is important that the 
Commission reviews the disposal operations listed in Annex I to Directive 2008/98/EC. That review should be 
carried out in the light of Article 13 of that Directive while taking into account relevant information, such as 
developments at international level, in particular in relation to the Basel Convention of 22 March 1989 on the 
control of transboundary movements of hazardous wastes and their disposal (  1 ). 
(54) Hazardous waste that is produced by households, such as hazardous waste from paints, varnishes, solvents or 
cleaning products, should also be collected separately in order to avoid contamination of municipal waste with 
hazardous waste fractions that could lower recycling quality and to ensure the environmentally sound management 
of that hazardous waste. In that regard, specific collection obligations are already in place for waste electrical and 
electronic equipment and waste batteries and accumulators produced by households.  
(55) The separate collection of waste oils and preventing their mixing with other kinds of waste or substances are 
essential to ensure that their treatment delivers the best overall environmental outcome. In treating waste oils, 
priority should be given to regeneration or alternatively to other recycling operations delivering an equivalent or a 
better overall environmental outcome than regeneration. With a view to further improving the management of 
waste oils, the Commission should consider, and, if appropriate, propose measures to improve the treatment of 
waste oils, including quantitative targets on their regeneration. During that review, attention should be paid to the 
treatment options regarding the regeneration of waste oils as well as to the quality and final use of the regenerated 
and recycled products.  
(56) In order to avoid waste treatment which locks in resources at the lower levels of the waste hierarchy, to enable 
high-quality recycling and to boost the uptake of quality secondary raw materials, Member States should ensure 
that bio-waste is separately collected and undergoes recycling in a way that fulfils a high level of environmental 
protection and the output of which meets relevant high quality standards.  
(57) This Directive sets long-term objectives for the Union’s waste management and gives economic operators and 
Member States a clear direction for the investments needed to achieve those objectives. In developing their national 
waste management plans and planning investments in waste management infrastructure, Member States should 
assess and take into account the required investments and other financial means, including for local authorities. 
That assessment should be included in the waste management plan or other strategic documents. In that context, 
Member States should make sound use of investments, including through Union Funds, by prioritising prevention 
including re-use, preparing for re-use and recycling, in line with the waste hierarchy. The Commission should assist 
competent authorities in developing an effective financial framework, including through the use of Union Funds 
where appropriate, to implement the requirements of this Directive in accordance with the waste hierarchy and to 
support innovation in technologies and waste management.  
(58) Proper management of hazardous waste still presents a problem in the Union, and data on its treatment are partly 
missing. It is therefore necessary to strengthen record keeping and traceability mechanisms through the estab ­
lishment of electronic registries for hazardous waste in Member States. Electronic data collection should be 
extended to other types of waste, where appropriate, in order to simplify record-keeping for businesses and 
administrations and improve the monitoring of waste flows in the Union.  
(59) Implementation reports prepared by Member States every three years have not proved to be an effective tool for 
verifying compliance or ensuring good implementation, and are generating unnecessary administrative burdens. It 
is therefore appropriate to repeal provisions obliging Member States to produce such reports. Instead, compliance 
monitoring should be exclusively based on the data which Member States report every year to the Commission.EN L 150/118 Official Journal of the European Union 14.6.2018  
( 1 ) OJ L 39, 16.2.1993, p. 3. (60) Data reported by Member States are essential for the Commission to assess compliance with Union waste law by 
Member States. The quality, reliability and comparability of data should be improved by introducing a single entry 
point for all waste data, deleting obsolete reporting requirements, benchmarking national reporting methodologies 
and introducing a data quality check report. Therefore, when reporting on the attainment of the targets set out in 
legislative acts of the Union on waste, Member States should use the most recent rules developed by the 
Commission and methodologies developed by the respective national competent authorities responsible for imple ­
menting this Directive.  
(61) To facilitate adequate interpretation and implementation of the requirements set out in Directive 2008/98/EC, it is 
appropriate to develop and periodically review guidelines concerning those requirements and to ensure the 
exchange of information and sharing of best practices among Member States on the practical implementation 
and enforcement of those requirements. Such guidelines, information exchange and sharing of best practices 
should,  inter alia , facilitate a common understanding and application in practice of the definition of ‘waste’, 
including the term ‘discard’, and should take into account circular business models in which, for instance, a 
substance or object is transferred from one holder to another holder without the intention to discard.  
(62) In order to supplement or amend Directive 2008/98/EC, the power to adopt acts in accordance with Article 290 
of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of 
Articles 7(1), 9(8), 11a(10), 27(1), 27(4), 38(2) and 38(3) of that Directive, as amended by this Directive. It is of 
particular importance that the Commission carries out appropriate consultations during its preparatory work, 
including at expert level, and that those consultations be conducted in accordance with the principles laid 
down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (  1 ). In particular, to ensure 
equal participation in the preparation of delegated acts, the European Parliament and the Council receive all 
documents at the same time as Member States’ experts, and their experts systematically have access to meetings 
of Commission expert groups dealing with the preparation of delegated acts.  
(63) In order to ensure uniform conditions for the implementation of Directive 2008/98/EC, implementing powers 
should be conferred on the Commission in respect of Articles 5(2), 6(2), 8(5), 9(7), 11a(9), 33(2), 35(5) and 37(7) 
thereof as amended by this Directive. Those powers should be exercised in accordance with Regulation (EU) 
No 182/2011 of the European Parliament and of the Council (  2 ). 
(64) Since the objectives of this Directive, namely to improve waste management in the Union, and thereby to 
contribute to the protection, preservation and improvement of the quality of the environment, the health of 
the oceans and the safety of seafood by reducing marine litter, and to the prudent and rational utilisation of 
natural resources across the Union, cannot be sufficiently achieved by the Member States, but can rather, by reason 
of the scale and effects of the measures, be better achieved at Union level, the Union may adopt measures, in 
accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In 
accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond 
what is necessary in order to achieve those objectives.  
(65) Directive 2008/98/EC should therefore be amended accordingly.  
(66) In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on 
explanatory documents (  3 ), Member States have undertaken to accompany, in justified cases, the notification of 
their transposition measures with one or more documents explaining the relationship between the components of 
a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the 
legislator considers the transmission of such documents to be justified.  
(67) This Directive has been adopted taking into account the commitments set out in the Interinstitutional Agreement 
of 13 April 2016 on Better Law-Making and it should be implemented and applied in accordance with the 
guidance contained in that Agreement,EN 14.6.2018 Official Journal of the European Union L 150/119  
( 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 gener al 
principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 
28.2.2011, p. 13).  
( 3 ) OJ C 369, 17.12.2011, p. 14. HAVE ADOPTED THIS DIRECTIVE:  
Article 1  
Amendments  
Directive 2008/98/EC is amended as follows:  
(1) Article 1 is replaced by the following:  
‘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.’;  
(2) in Article 2(2), the following point is added:  
‘(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 (*) and that do not consist of or contain animal 
by-products.  
___________  
(*) 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).’;  
(3) Article 3 is amended as follows:  
(a) the following points are inserted:  
‘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 electronic equipment, waste 
batteries and accumulators, and bulky waste, including mattresses and furniture;  
(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, agriculture, 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 responsibilities for waste management between 
public and private actors;  
2c. “construction and demolition waste” means waste generated by construction and demolition activities;’;  
(b) point 4 is replaced by the following:  
‘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;’;EN L 150/120 Official Journal of the European Union 14.6.2018 
(c) the following point is inserted:  
‘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 (*) that has become waste;  
___________  
(*) 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).’;  
(d) point 9 is replaced by the following:  
‘9. “waste management” means the collection, transport, recovery (including sorting), and disposal of waste, 
including the supervision of such operations and the after-care of disposal sites, and including actions taken 
as a dealer or broker;’;  
(e) in point 12, point (c) is replaced by the following:  
‘(c) the content of hazardous substances in materials and products;’;  
(f) the following point is inserted:  
‘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;’;  
(g) the following point is inserted:  
‘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;’;  
(h) the following point is added:  
‘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 organisational responsibility for the 
management of the waste stage of a product’s life cycle.’;  
(4) in Article 4, the following paragraph is added:  
‘3. Member States shall make use of economic instruments and other measures to provide incentives for the 
application of the waste hierarchy, such as those indicated in Annex IVa or other appropriate instruments and 
measures.’;  
(5) Article 5 is amended as follows:  
(a) in paragraph 1, the introductory part is replaced by the following:  
‘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:’;  
(b) paragraph 2 is replaced by the following:  
‘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 examination 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 development of 
the detailed criteria.’;EN 14.6.2018 Official Journal of the European Union L 150/121 
(c) the following paragraph is added:  
‘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 (*) where so required by that Directive.  
___________  
(*) 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).’;  
(6) Article 6 is amended as follows:  
(a) paragraph 1 is amended as follows:  
(i) the introductory part and point (a) are replaced by the following:  
‘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:  
(a) the substance or object is to be used for specific purposes;’;  
(ii) the second subparagraph is deleted;  
(b) paragraphs 2, 3 and 4 are replaced by the following:  
‘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.  
Those implementing acts shall be adopted in accordance with the examination 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.EN L 150/122 Official Journal of the European Union 14.6.2018 
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.’;  
(c) the following paragraph is added:  
‘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.’;  
(7) Article 7 is amended as follows:  
(a) in paragraph 1, the first sentence is replaced by the following:  
‘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.’;  
(b) paragraph 2 is replaced by the following:  
‘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.’;  
(c) paragraph 5 is deleted;  
(8) Article 8 is amended as follows:  
(a) in paragraph 1, the following subparagraphs are added:  
‘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.’;  
(b) paragraph 2 is replaced by the following:  
‘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.  
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.’;EN 14.6.2018 Official Journal of the European Union L 150/123 
(c) the following paragraph is added:  
‘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 
organisations 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).’;  
(9) the following article is inserted:  
‘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:  
(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 (*), 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 dispropor ­
tionate 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 appropriate, 
through economic incentives or regulations.  
3. Member States shall take the necessary measures to ensure that 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);EN L 150/124 Official Journal of the European Union 14.6.2018 
(c) has the necessary financial means or financial and organisational means to meet its extended producer respon ­
sibility obligations;  
(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.  
4. Member States shall take the necessary measures to ensure that 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 responsibility 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  
(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 established to attain waste management targets and 
objectives established 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 established on or after 4 July 2018 to attain waste 
management targets and objectives solely established in Member State legislation, the producers of products 
bear at least 80 % of the necessary costs;  
(iii) in the case of extended producer responsibility schemes established 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,EN 14.6.2018 Official Journal of the European Union L 150/125 
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 enforcement framework with a view to ensuring 
that producers of products and organisations implementing extended producer responsibility 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 responsibility 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 requirements, such as regis ­
tration, information and reporting requirements, to be met by a legal or natural person to be appointed as an 
authorised representative on their territory.  
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.  
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.  
___________  
(*) 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).’;  
(10) Article 9 is replaced by the following:  
‘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;EN L 150/126 Official Journal of the European Union 14.6.2018 
(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;  
(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 (*) provides the information pursuant to Article 33(1) of that Regu ­
lation 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 restrictions, 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 Devel ­
opment 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 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 legislative 
proposal.  
7. The Commission shall adopt implementing acts to establish indicators to measure the overall progress in the 
implementation of waste prevention measures and shall, by 31 March 2019, adopt an implementing 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).EN 14.6.2018 Official Journal of the European Union L 150/127 
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.  
___________  
(*) Regulation (EC) No 1907/2006 of the European Parliament and 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).’;  
(11) Article 10 is replaced by the following:  
‘Article 10  
Recovery  
1. Member States shall take the necessary measures to ensure that waste undergoes preparing for re-use, recycling 
or other recovery operations, 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 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 consideration 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.’;EN L 150/128 Official Journal of the European Union 14.6.2018 
(12) Article 11 is amended as follows:  
(a) the title is replaced by the following:  
‘Preparing for re-use and recycling ’; 
(b) paragraph 1 is replaced by the following:  
‘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.  
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.’;  
(c) paragraph 2 is amended as follows:  
(i) the introductory part is replaced by the following:  
‘2. In order to comply with the objectives of this Directive, and move to a European circular economy 
with a high level of resource efficiency, Member States shall take the necessary measures designed to achieve 
the following targets:’;  
(ii) the following points are added:  
‘(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.’;  
(d) paragraphs 3, 4 and 5 are replaced by the following:  
‘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 implementation 
plan in accordance with Annex IVb.  
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;EN 14.6.2018 Official Journal of the European Union L 150/129 
(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.’;  
(e) the following paragraphs are added:  
‘6. By 31 December 2024, the Commission shall consider the setting of preparing for re-use and recycling 
targets for construction and demolition 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.’;  
(13) the following articles are inserted:  
‘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;  
(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 respectively. 
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.EN L 150/130 Official Journal of the European Union 14.6.2018 
4. 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, 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 points (c), (d) and (e) of Article 11(2) and in 
Article 11(3) have been 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 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 points (c), (d) and (e) of Article 11(2) and in 
Article 11(3) have been 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 
implementing 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.  
Those implementing acts shall be adopted in accordance with the examination 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 Environment 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.  
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 recommendations 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.’;EN 14.6.2018 Official Journal of the European Union L 150/131 
(14) Article 12 is replaced by the following:  
‘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 legislative 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.’;  
(15) Article 14 is replaced by the following:  
‘Article 14  
Costs  
1. In accordance with the polluter-pays principle, the costs of waste management, including for the necessary 
infrastructure and its operation, 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.’;  
(16) in Article 18, paragraph 3 is replaced by the following:  
‘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.’;  
(17) Article 20 is replaced by the following:  
‘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.’;  
(18) Article 21 is amended as follows:  
(a) in paragraph 1, points (a), (b) and (c) are replaced by the following:  
‘(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 alternatively 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.’;EN L 150/132 Official Journal of the European Union 14.6.2018 
(b) the following paragraph is added:  
‘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 regeneration of waste oils and any further measures to 
promote the regeneration of waste oils. To that end, the Commission shall submit a report to the European 
Parliament and to the Council, accompanied, if appropriate, by a legislative proposal.’;  
(19) Article 22 is replaced by the following:  
‘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.’;  
(20) Article 27 is amended as follows:  
(a) paragraph 1 is replaced by the following:  
‘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.’;  
(b) paragraph 4 is replaced by the following:  
‘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.’;  
(21) Article 28 is amended as follows:  
(a) paragraph 3 is amended as follows:  
(i) points (b) and (c) are replaced by the following:  
‘(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 installations, and for additional waste instal ­
lation 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;’;EN 14.6.2018 Official Journal of the European Union L 150/133 
(ii) the following points are inserted:  
‘(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;  
(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;’;  
(iii) the following points are added:  
‘(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.’;  
(b) paragraph 5 is replaced by the following:  
‘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 (*) and 
Article 11 of Directive 2000/60/EC of the European Parliament and of the Council (**).  
___________  
(*) 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).  
(**) 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).’;  
(22) Article 29 is amended as follows:  
(a) paragraph 1 is replaced by the following:  
‘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.’;  
(b) in paragraph 2, the first subparagraph is replaced by the following:  
‘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.’;  
(c) the following paragraph is inserted:  
‘2a. Member States shall adopt specific food waste prevention programmes within their waste prevention 
programmes.’;  
(d) paragraphs 3 and 4 are deleted;  
(23) in Article 30, paragraph 2 is replaced by the following:  
‘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.’;EN L 150/134 Official Journal of the European Union 14.6.2018 
(24) in Article 33, paragraph 2 is replaced by the following:  
‘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).’;  
(25) Article 35 is amended as follows:  
(a) paragraph 1 is replaced by the following:  
‘1. The establishments and undertakings referred to in Article 23(1), the producers of hazardous waste, and 
the establishments and undertakings 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) the following paragraphs are added:  
‘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 (*).  
5. The Commission may adopt implementing acts to establish minimum conditions for the operation of such 
registries. Those implementing acts shall be adopted in accordance with the examination procedure referred to in 
Article 39(2).  
___________  
(*) Regulation (EC) No 166/2006 of the European Parliament and of the 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).’;  
(26) in Article 36, paragraph 1 is replaced by the following:  
‘1. Member States shall take the necessary measures to prohibit the abandonment, dumping or uncontrolled 
management of waste, including littering.’;  
(27) Article 37 is replaced by the following:  
‘Article 37  
Reporting  
1. Member States shall report the data concerning the implementation 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.EN 14.6.2018 Official Journal of the European Union L 150/135 
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 implementation of Article 9(4) and (5) to the Commission 
every year.  
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.  
4. Member States shall report the data on mineral or synthetic lubrication or industrial oils placed on the market 
and waste oils separately collected and treated 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.  
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.  
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 paragraphs 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.’;  
(28) Article 38 is replaced by the following:  
‘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 implementation 
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;  
(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;EN L 150/136 Official Journal of the European Union 14.6.2018 
(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.’;  
(29) the following article is inserted:  
‘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.  
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 principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law 
Making (*).  
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.  
___________  
(*) OJ L 123, 12.5.2016, p. 1.’;EN 14.6.2018 Official Journal of the European Union L 150/137 
(30) Article 39 is replaced by the following:  
‘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. Where reference is made to this paragraph, Article 5 of Regulation (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.  
___________  
(*) 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).’;  
(31) In Annex II, operations R 3, R 4 and R 5 are replaced by the following:  
‘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 (****)  
___________  
(**) 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.’;  
(32) The text set out in the Annex to this Directive is inserted as Annexes IVa and IVb.  
Article 2  
Transposition  
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with 
this Directive by 5 July 2020. They shall immediately inform the Commission thereof.  
When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by 
such a reference on the occasion of their official publication. The methods of making such reference shall be laid down 
by Member States.  
2. Member States shall communicate to the Commission the text of the main measures of national law which they 
adopt in the field covered by this Directive. The Commission shall inform the other Member States thereof.  
Article 3  
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 4  
Addressees  
This Directive is addressed to the Member States.  
Done at Strasbourg, 30 May 2018.  
For the European Parliament 
The President  
A. TAJANI  For the Council 
The President  
L. PAVLOVAEN L 150/138 Official Journal of the European Union 14.6.2018 
ANNEX  
The following Annexes are inserted:  
‘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 main ­
streaming 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.  
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;EN 14.6.2018 Official Journal of the European Union L 150/139  
( 1 ) While these instruments and measures may provide incentives for waste prevention, which is the highest step in the waste hier archy, 
a comprehensive list of more specific examples of waste prevention measures is set out in Annex IV. 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.’.EN L 150/140 Official Journal of the European Union 14.6.2018