EUROPEAN
COMMISSION

Brussels, XXX[…](2023) XXX draft
ANNEX 2

ANNEX
to theCOMMISSION DELEGATED REGULATION (EU) …/...
supplementing Regulation (EU) 2020/852 of the European Parliament and of theCouncil by establishing the technical screening criteria for determining the conditions
under which an economic activity qualifies as contributing substantially to thesustainable use and protection of water and marine resources, to the transition to acircular economy, to pollution prevention and control or to the protection andrestoration of biodiversity and ecosystems and for determining whether that economic
activity causes no significant harm to any of the other environmental objectives andamending Delegated Regulation (EU) 2021/2139 and Delegated Regulation (EU)2021/2178

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TABLE OF CONTENTS
ANNEX II .................................................................................................................................. 2

EN

1.

Manufacturing .............................................................................................................. 2

1.1.

Manufacture of plastic packaging goods...................................................................... 2

1.2.

Manufacture of electrical and electronic equipment .................................................... 7

2.

Water supply, sewerage, waste management and remediation activities .................. 16

2.1.

Phosphorus recovery from waste water ..................................................................... 16

2.2.

Production of alternative water resources for purposes other than humanconsumption ............................................................................................................... 17

2.3.

Collection and transport of non-hazardous and hazardous waste ............................. 19

2.4.

Treatment of hazardous waste ................................................................................... 22

2.5.

Recovery of bio-waste by anaerobic digestion or composting ................................. 25

2.6.

Depollution and dismantling of end-of-life products ................................................. 27

2.7.

Sorting and material recovery of non-hazardous waste ............................................. 30

3.

Construction and real estate activities ....................................................................... 32

3.1.

Construction of new buildings .................................................................................. 32

3.2.

Renovation of existing buildings ............................................................................... 37

3.3.

Demolition and wrecking of buildings and other structures ...................................... 41

3.4.

Maintenance of roads and motorways........................................................................ 44

3.5.

Use of concrete in civil engineering .......................................................................... 46

4.

Information and communication ................................................................................ 49

4.1.

Provision of IT/OT data-driven solutions and software ............................................. 49

5.1.

Repair, refurbishment and remanufacturing .............................................................. 54

5.2.

Sale of spare parts ...................................................................................................... 57

5.3.

Preparation for re-use of end-of-life products and product components ................... 59

5.4.

Sale of second-hand goods ......................................................................................... 62

5.5.

Product-as-a-service and other circular use- and result-oriented service models ...... 65

5.6.

Marketplace for the trade of second-hand goods for reuse ........................................ 68

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ENANNEX II
Technical screening criteria for determining the conditions under which an economic
activity qualifies as contributing substantially to the transition to a circular economy
and for determining whether that economic activity causes no significant harm to any of
the other environmental objectives

1.

MANUFACTURING

1.1.

Manufacture of plastic packaging goods

Description of the activity
Manufacture of plastic packaging goods.
The economic activities in this category could be associated with NACE code C22.22 inaccordance with the statistical classification of economic activities established by Regulation(EC) No 1893/2006.
Technical screening criteria
Substantial contribution to the transition to a circular economy
1. The activity complies with one of the following criteria:(a)design for reuse: the packaging product has been designed to be reusable within areuse system1. The system for reuse is established in a way that ensures thepossibility of reuse in a closed-loop or open-loop system which:(i)provides a defined governance structure and keeps records on the number offillings, re-uses, rejects, collection rate, number of reusable packaging placedon the market and units of sales or equivalent units;(ii)

provides rules on the product scope and packaging formats, as well as on thecollection of reusable packaging, including incentives for consumers;(iii) ensures open and equal access and conditions for all economic operators
wishing to become part of it, including proporitionate distribution of costs andbenefits for all system participants;
(b)

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use of circular feedstock: at least 65% of the packaging product by weight consists ofmechanically recycled post-consumer material for non-contact sensitive packaging
and at least 50% for contact sensitive packaging2. Where producing mechanically‘Reusable’ and ‘reuse system’ are defined and implemented in accordance with applicable European
law and standards including any standards related to the number of rotations in a system for reuse.
‘Contact sensitive packaging’ means packaging that is intended to be used in any packaging
applications in the scope of Regulation (EC) No 1831/2003 of the European Parliament and of theCouncil of 22 September 2003 on additives for use in animal nutrition (OJ L 268, 18.10.2003 p. 29),
Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on

2ENrecycled material is not technically feasible or economically viable, the product may
consist of at least 65% of chemically recycled material;(c)use of bio-waste feedstock: at least 65% of the packaging product by weight consistsof sustainable bio-waste feedstock3. Agricultural based bio-waste used for the
manufacture of plastic packaging complies with the criteria laid down in Article 29,
paragraphs 2 to 5, of Directive (EU) 2018/2001. Forest based bio-waste used for the
manufacture of plastic packaging complies with the criteria laid down in Article 29,
paragraphs 6 and 7, of that Directive.

2. The packaging produced is recyclable in practice and at scale, and complies with all of thecriteria specified below.
2.1. The unit of packaging4 is designed to be recyclable, so that it can be sorted and recycled
at the end of life and that the resulting recycled material is of such quality that it can be usedagain in the same or similar packaging applications. Colours, additives or design elements ofthe packaging that contaminate the recycling stream once packaging becomes waste andsubstantially reduce the quality of the resulting recyclates are not used. At best, the unit ofpackaging is made from the same material (mono-material solution) or, as a minimum, thematerials present in the packaging are compatible with the existing recycling streams andsorting processes. Where all packaging components are not compatible with the existing
recycling streams and processes, the packaging must allow for separation of its non-recyclable
components, either manually by consumers or within the existing sorting and recycling
processes.
2.2. In addition, the packaging is evaluated as recyclable at scale where it complies with one

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materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and89/109/EEC (OJ L 338, 13.11.2004, p. 4), Regulation (EC) No 767/2009 of the European Parliamentand 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),
Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009
on cosmetic products (OJ L 342, 22.12.2009, p. 59), Regulation (EU) 2017/745 of the European
Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC,
Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives
90/385/EEC and 93/42/EEC (OJ L 117, 5.5.2017, p. 1), Regulation (EU) 2017/746 of the European
Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing
Directive 98/79/EC and Commission Decision 2010/227/EU (OJ L 117, 5.5.2017, p. 176), Regulation(EU) 2019/4 of the European Parliament and of the Council of 11 December 2018 on the manufacture,
placing on the market and use of medicated feed, amending Regulation (EC) No 183/2005 of theEuropean Parliament and of the Council and repealing Council Directive 90/167/EEC (OJ L 4,
7.1.2019, p. 1), Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December
2018 on veterinary medicinal products and repealing Directive 2001/82/EC (OJ L 4, 7.1.2019, p. 43),
Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on theCommunity code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67), or
Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on theinland transport of dangerous goods (OJ L 260, 30.9.2008, p. 13).
Sustainable bio-waste feedstock refers to industrial bio-waste and municipal bio-waste, it excludes
primary biomass in the absence of legally agreed sustainability criteria.
‘Unit of packaging’ means a unit as a whole, including any integrated or separate components, which
together serve a packaging function such as the containment, protection, handling, delivery, storage,transport and presentation of products, and including independent units of grouped or transport
packaging where they are discarded prior to the point of sale.

3ENof the following criteria:(a)collection, sorting, and recycling is proven to work in practice and at scale: theplastic packaging material of the unit of packaging achieves the minimum recycling
rate5 target for plastic packaging waste set by the Directive 94/62/EC of theEuropean Parliament and of the Council6, either in the national jurisdiction where thepackaging is put on the market, regardless of the jurisdiction’s size, or in Member
States that collectively represent at least 100 million inhabitants;(b)collection, sorting, and recycling is proven to be on track to work in practice and at
scale: sorting and recycling processes are available at the Technology Readiness ofLevel 9 as defined by ISO 16290:20137.

3. When the packaging material is produced, the following substances presenting hazardous
properties specified below are not added to the feedstock:(a)substances meeting the criteria laid down in Article 57 and identified in accordancewith Article 59(1) of Regulation (EC) No 1907/2006;(b)

substances meeting the criteria for classification as carcinogenic category 1 or 2 inaccordance with Regulation (EC) No 1272/2008 of the European Parliament and theCouncil8;(c)substances meeting the criteria for classification as mutagenic category 1 or 2 inaccordance with Regulation (EC) No 1272/2008;(d)substances meeting the criteria for classification as toxic for reproduction category 1
or 2 in accordance with Regulation (EC) No 1272/2008;(e)substances meeting the criteria for classification as endocrine disruptors for humanhealth category 1 or for environment category 1 in accordance with Regulation (EC)No 1272/2008;(f)substances meeting the criteria for classification as persistent, bioaccumulative andtoxic in accordance with Regulation (EC) No 1272/2008;(g)substances meeting the criteria for classification as very persistent and very
bioacumulative in accordance with Regulation (EC) No 1272/2008;(h)substances meeting the criteria for classification as persistent, mobile and toxic in
accordance with Regulation (EC) No 1272/2008;(i)

substances meeting the criteria for classification as very persistent and very mobile inaccordance with Regulation (EC) No 1272/2008;(j)substances meeting the criteria for classification as respiratory sensitiser category 1
in accordance with Regulation (EC) No 1272/2008;

5‘Recycling rate’ is the proportion of waste generated that is recycled.
European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging andpackaging waste (OJ L 365, 31.12.1994, p. 10).
ISO 16290:2013, Space systems — Definition of the Technology Readiness Levels (TRLs) and theircriteria of assessment, available at: https://www.iso.org/obp/ui/#iso:std:iso:16290:ed-1:v1:en.
Regulation (EC) No 1272/2008 of the European Parliament and the Council of 16 December 2008 on
classification, labelling and packaging of substances and mixtures, amending and repealing Directives
67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p.
1).

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(k)

substances meeting the criteria for classification as skin sensitiser category 1 inaccordance with Regulation (EC) No 1272/2008;(l)substances meeting the criteria for classification as having chronic hazard to theaquatic environment category 1, 2, 3 or 4 in accordance with Regulation (EC) No
1272/2008;(m)substances meeting the criteria for classification as hazardous to the ozone layer inaccordance with Regulation (EC) No 1272/2008;(n)substances meeting the criteria for classification as having specific target organ
toxicity – repeated exposure category 1 or 2 in accordance with Regulation (EC) No
1272/2008;(o)substances meeting the criteria for classification as having specific target organ
toxicity – single exposure category 1 or 2 in accordance with Regulation (EC) No
1272/2008.)

4. The use of compostable materials in packaging applications is considered sustainable only
for very lightweight plastic carrier bags, tea bags, coffee pads and sticky labels attached to
fruit and vegetables.
Do no significant harm (‘DNSH’)

For plastic manufactured from chemical recycled feedstock, life-cycle
GHG emissions of the manufactured plastic, excluding any calculated
credits from the production of fuels, are lower than the life-cycle GHG
emissions of the equivalent plastic in primary form manufactured fromfossil fuel feedstock. Life-cycle GHG emissions are calculated using
Commission Recommendation 2021/2279/EU9 or, alternatively, using
ISO 14067:201810 or ISO 14064-1:201811. Quantified life-cycle GHG(1) Climate change
emissions are verified by an independent third party.
mitigation
Life-cycle GHG emissions of plastic manufactured from sustainablebio-waste feedstock are lower than the life-cycle GHG emissions of theequivalent plastics in primary form manufactured from fossil fuelfeedstock. Life-cycle GHG emissions are calculated using
Recommendation 2013/179/EU or, alternatively, using ISO 14067:2018
or ISO 14064-1:2018. Quantified life-cycle GHG emissions are verified
by an independent third party.

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Commission Recommendation (EU) 2021/2279 of 15 December 2021 on the use of the Environmental
Footprint methods to measure and communicate the life cycle environmental performance of products
and organisations (OJ L 471, 30.12.2021, p. 1).
ISO Standard 14067:2018, Greenhouse gases – carbon footprint of products – requirements andguidelines for quantification (version of August 2018: https://www.iso.org/standard/71206.html).
ISO standard 14064-1:2018, Greenhouse gases — Part 1: Specification with guidance at theorganization level for quantification and reporting of greenhouse gas emissions and removals (versionof [adoption date]: https://www.iso.org/standard/66453.html).

5EN(2) Climate change The activity complies with criteria set out in Appendix A to this Annex.
adaptation(3) Sustainable use
and protection ofwater and marine
resources

The activity complies with criteria set out in Appendix B to this Annex.
The activity does not hamper the achievement of good environmental
status of marine waters or does not deteriorate marine waters that are
already in good environmental status as defined in Article 2, points (21)of Regulation (EU) 2020/852 and in accordance with Directive
2008/56/EC, which requires in particular that the appropriate measures
are taken to prevent or mitigate impacts in relation to the descriptors
laid down in Annex I to that Directive, taking into account theCommission Decision (EU) 2017/848912 in relation to the relevant
criteria and methodological standards for those descriptors.

(5)
Pollution The activity complies with criteria set out in Appendix C to this Annex.
prevention
andFor the products manufactured from plastic materials in primary form,
controlemissions from the manufacturing of those plastic materials are within
or lower than the emission levels associated with the best available
techniques (BAT-AEL) ranges set out in the relevant best available
techniques (BAT) conclusions, including:

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(a)

the best available techniques (BAT) conclusions for common
waste water and waste gas treatment/management systems in
the chemical sector13, for emissions to water where relevant
emission thresholds apply;(b)

the best available techniques (BAT) conclusions for common
waste gas management and treatment systems in the chemical
sector14 for emissions to air of new installations (or forexisting installations within 4 years of the BATC publication)

Commission Decision (EU) 2017/848 of 17 May 2017 laying down criteria and methodologicalstandards on good environmental status of marine waters and specifications and standardised methods
for monitoring and assessment, and repealing Decision 2010/477/EU (OJ L 125, 18.5.2017, p. 43).
Commission Implementing Decision (EU) 2016/902 of 30 May 2016 establishing best available
techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of theCouncil, for common waste water and waste gas treatment/management systems in the chemical
sector.( OJ L 152, 9.6.2016, p. 23).
Commission Implementing Decision (EU) 2022/2427 of 6 December 2022 establishing the best
available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament andof the Council on industrial emissions, for common waste gas management and treatment systems in thechemical sector (OJ L 318, 12.12.2022, p. 157).

6ENwhere relevant conditions apply;(c)the Best Available Techniques Reference Document (BREF)
for the Production of Polymers15 for the production processes
under conditions not covered by the BATC mentioned above;(d)

the Best Available Techniques Reference Document (BREF)
for the Large Volume Inorganic Chemicals – Solids andOthers industry16;(e)

the Best Available Techniques Reference Document (BREF)
for the manufacture of Large Volume Inorganic Chemicals Ammonia, Acids and Fertilisers17;(f)

the Best Available Techniques Reference Document (BREF)
for Manufacture of Organic Fine Chemicals18;(g)

the Best Available Techniques Reference Document (BREF)
for the production of speciality inorganic chemicals (SIC)19.

No significant cross-media effects occur.
(6) Protection and The activity complies with criteria set out in Appendix D to this Annex.
restorationof
biodiversity
andecosystems
1.2.

Manufacture of electrical and electronic equipment

Description of the activity
Manufacturing of electrical and electronic equipment for industrial, professional andconsumer use.
This activity includes manufacturing of rechargeable and non-rechargeable portablebatteries20. The activity does not include manufacturing of other battery types.

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Best Available Techniques (BAT) Reference Document for the Production of Polymers (version of[adoption date]: https://eippcb.jrc.ec.europa.eu/sites/default/files/2019-11/pol_bref_0807.pdf)
Best Available Techniques (BAT) Reference Document for the Large Volumes Inorganic ChemicalsSolids
and
Othersindustry,(versionof[adoptiondate]:
https://eippcb.jrc.ec.europa.eu/sites/default/files/2019-11/lvic-s_bref_0907.pdf).
Best Available Techniques (BAT) Reference Document for the manufacture of Large Volume Inorganic
Chemicals
Ammonia,
Acids
andFertilisers(versionof[adoptiondate]:
https://eippcb.jrc.ec.europa.eu/sites/default/files/2019-11/lvic_aaf.pdf).
The Best Available Techniques Reference Document (BREF) for Manufacture of Organic Fine
Chemicals, available at https://eippcb.jrc.ec.europa.eu/sites/default/files/2019-11/ofc_bref_0806.pdf.
The Best Available Techniques Reference Document (BREF) for the production of speciality inorganic
chemicals (SIC), available at https://eippcb.jrc.ec.europa.eu/reference/production-speciality-inorganicchemicals.
Portable batteries are sealed and weigh less than or equal to 5kg.

7ENThe economic activities in this category could be associated with several NACE codes, inparticular C26 and C27 in accordance with the statistical classification of economic activities
established by Regulation (EC) No 1893/2006.
Technical screening criteria
Substantial contribution to the transition to a circular economy

1. Where the economic activity manufactures electrical and electronic equipment complying
with all EU Ecolabel criteria applicable to that specific product category, in accordance with
Regulation 66/2010/EC of the European Parliament and of the Council21, the manufacturer
provides the proof of compliance with all requirements listed, in accordance with theverification criteria foreseen by the EU Ecolabel criteria.
2. Where no product specific EU Ecolabel criteria exist, or the economic operator has not used
them, the economic activity manufacturing electrical and electronic equipment complies withall of the following criteria:
2.1. Design for long lifetime
2.1.1. All versions of software components, software support and software/firmware, including
updates, are made available to users for the lifetime of an item as defined under Directive
2009/125/EC and implementing acts adopted under that Directive. Where the availability ofsoftware updates is not regulated, the availability is at least eight years. Functionality andlifetime of the product are not reduced through software updates or lack of software updates.
2.1.2. Products incorporating portable batteries ensure that those batteries are readily removable
and replaceable by the end-user at any time during the lifetime of the product, without requiring
the use of specialised tools (unless the tools are provided free of charge with the product),
proprietary tools, thermal energy, or solvents to disassemble, except when batteries aredesigned in such way to make battery removable and replaceable only by independent
professionals in case of:(a)appliances specifically designed to operate primarily in an environment that isregularly subject to splashing water, water streams or water immersion and that are
intended to be washable or rinseable and where it is required to ensure the safety of theuser and the appliance;(b)professional medical imagining and radiotherapy devices, as defined in Article 2(1) ofRegulation 2017/745/EU of the European Parliament and of the Council22, and in-vitro

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Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on
the EU Ecolabel (OJ L027 30.1.2010, p. 1).
Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical
devices (OJ L 117, 5.5.2017, p. 1).

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diagnostic medical devices, as defined in Article 2(2) of Regulation 2017/746/EU of
the European Parliament and of the Council23.
2.1.3. Software is not used in order to affect the replacement of a portable battery, and correct
battery replacement does not affect the functioning of the product.
2.2. Design for repair and guarantee
2.2.1 Where a product specific repair scoring systems is established in accordance with theUnion Law, manufacturer ensures that products have the highest reparability class24.
2.2.2. Manufacturers provide access to information to professional repairers25 throughout the
lifetime of the product. The information includes the following elements, where applicable:(a)the unequivocal appliance identification;(b)a disassembly map or exploded view;(c)list of necessary repair and test equipment;(d)technical details of the components and diagnosis information, such as minimum andmaximum theoretical values for measurements;(e)wiring and connection diagrams;(f)diagnostic fault and error codes, including manufacturer-specific codes;(g)data records of reported failure incidents stored on the product;(h)electronic board diagrams;(i)technical manual of instructions for repair, including marking of the individual steps;(j)

instructions for software and firmware, including reset software;(k)information on how to access data records of reported failure incidents stored on thedevice, where applicable, with the exception of personal identifiable information suchas related to user behaviour and location information.

2.2.3. Key spare parts26, whether new or used, such as motors, batteries, and any part orcomponent essential to the good functioning of the product, are available to professional
repairers and end-users, after placing the last unit of the model on the market, for one additional
year compared to the requirements on the availability of spare parts under Directive
2009/125/EC and implementing acts adopted under that Directive. Where the availability ofspare parts for the relevant products is not regulated, key spare parts are available for at least
eight years after placing the last unit of the model on the market.
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Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro
diagnostic medical devices (OJ L 117, 5.5.2017, p. 176).
‘Reparability class’ means a class expressing the capacity of a good to be repaired, based on a method
established in accordance with Union law [placeholder: Article XX of the Energy Labelling act].
‘Professional repairer’ means an operator or undertaking which provides services of repair andprofessional maintenance of products under this activity.
For products covered by requirements on the availability of spare parts under Directive 2009/125/EC
and implementing acts adopted under that Directive, key spare parts are considered to be those listed in
Annex to the most recent implementing act for each product group.

9EN2.2.4. Where there are no significant health and safety risks presented by the product repair,manufacturers provide clear disassembly and repair instructions, including through hard or soft
copy or a video, and make them publicly available for the lifetime of the product, to enable anon-destructive disassembly of products for the purpose of replacing key components or partsfor upgrades or repairs. Where significant safety concerns connected to the repair exist,
manufacturer ensures access to independent certified professional repairers. The manufacturer’s
website indicates the process for professional repairers to register for access to relevant
information or share the information on a publicly available free access website.
2.2.5. For electrical and electronic equipment for consumer use, the manufacturer provides
commercial guarantee for one additional year compared to requirements under Directive
2019/771/EU of the European Parliament and of the Council27 at no extra cost.
2.3. Design for reuse and remanufacturing
2.3.1. Where the products are able to store data, data encryption is required, alongside a
software function that resets the device to its factory settings and erases by default theencryption key.
2.3.2. The stored data can be easily and fully transferred to another product.
2.4. Design for dismantling
2.4.1. Information on product’s end of life management is publicly available for the lifetime ofthe product, including all information required under Directive 2012/19/EU. For each type of
new product placed for the first time on the Union market, the manufacturer shares, free ofcharge, relevant information with centres which prepare for re-use and treatment and recycling
facilities through Information for Recyclers Platform28or through another relevant channel inaccordance with Article 15(1) of Directive 2012/19/EU. Dismantling information includes thesequence of dismantling steps, tools or technologies needed to access the targeted component.
2.4.2. For components rich in critical raw materials, information is provided on the presence
and weight of critical raw materials29.
2.4.3. The activity provides tracking information on substances identified as substance of very
high concern (SVHC) and for substances meeting the criteria for substance of very highconcern (SVHC), by complying with at least one of the two disclosure frameworks listed
below:
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Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain
aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive
2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28).
I4R Platform – I4R Platform (i4r-platform.eu)
Critical raw materials are defined as the elements listed in the EU Critical Raw Materials List(established through Communication from the Commission to the European Parliament, The Council,
The European Economic And Social Committee And The Committee Of The Regions Critical Raw
Materials Resilience: Charting a Path towards greater Security and Sustainability (COM/2020/474
final)) or other relevant Union legislation.

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(a)

product information on substances is available publicly, in SCIP database30 for
products that contain > 0.1% (w/w) of an identified substance of very high concern orin a specific public tool provided by company;(b)

product information on substances is available publicly, following IEC6247431 (forelectrical and electronic equipment) and future IEC82474-132 (dual logo project).

2.5. Design for recyclability
The economic activity manufactures products with demonstrated superior recyclability.
Assessment of recyclability relies on EN 45555:201933 or on any product-specific EN standard
relying on EN 45555:2019. The economic activity complies with the following requirements:(a)single polymer or recyclable polymer blends are used;(b)plastic enclosures do not contain moulded-in or glue-on metal;(c)materials which cannot be recycled together are easy to access and have the ability to
be separated;(d)

improving recyclability does not harm the durability of the system itself;(e)parts of the product containing substances, mixtures and components that are to be
removed during depollution are easy to identify, such as through marking for sorting
provided by the manufacturer, and visible on the product;(f)

components rich with critical raw materials are easy to access and to remove fromproduct;(g)parts that reduce the recyclability according to the reference end-of-life treatment
scenario, such as plastic using certain fillers or certain flame retardants, are easy toaccess and remove;(h)joining, fastening or sealing techniques do not prevent the safe and readily achievable
removal of the components specified in Directive 2012/19/EU [or in Directive
2023/XX/EC of the European Parliament and of the Council34], where present.

2.6. Proactive substitution of hazardous substances
2.6.1. The economic activity manufactures products which demonstrate proactive substitutionof hazardous substances.
2.6.2. The product does not contain substances of very high concern included in Annex XIV toRegulation 1907/2006/EC.
2.6.3. Exemptions to Restrictions of Hazardous Substances are limited to the following cases:(a)lead in high melting temperature type solders covered by the exemption entry 7(a) in

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Available at https://echa.europa.eu/scip-database.
IEC 62474 - Material Declaration for Products of and for the Electrotechnical Industry.
IEC 82474- Material declaration — Part 1: General requirements
EN 45555:2019 General methods for assessing the recyclability and recoverability of energy-related
products.
[Update the reference to the new Batteries Regulation once formally adopted, currently politicalagreement.]

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Annex III to Directive 2011/65/EU;(b)electrical and electronic components containing lead in a glass or ceramic covered by
the exemption entries under 7(c) in Annex III to Directive 2011/65/EU.

2.6.4. The hazardous substances specified in table below are not introduced to or formed in thespecified sub-assemblies and component parts at or above the specified concentration limit.
Substance group

Scope of restriction

Concentration limits (whereapplicable)ii)
Polymerstabilisers,colourants
andcontaminant

The following organotin stabiliser N/Acompounds are not present in externalcables:Dibutyltin oxide
Dibutyltin diacetate
Dibutyltin dilaurate
Dibutyltin maleate
Dioctyl tin oxide
Dioctyl tin dilaurate
External housing do not contain thefollowing colourants: Azo dyes that
may cleave to the carcinogenic arylamines listed in Appendix 8 of theRegulation (EC) No 1907/2006, orColourant compounds included in theIEC 62474 declarable substances list.

ii)
Polymerstabilisers,colourants
andcontaminant

Polycyclic Aromatic Hydrocarbons(PAHs)
arenotpresent
atconcentrations greater than or equal toindividual and sum total concentration
limits in any external plastic or manmade rubber surfaces.

The individual concentration
limits for PAHs restrictedunder Regulation (EC) No
1907/2006 is 1 mg/kg

The sum total concentration
limit for the 18 listed PAHs
The presence and concentration of the is not greater than 10 mg/kg
following PAHs is verified:
PAHs restricted by the Regulation(EC) No 1907/2006:
Benzo[a]pyrene Benzo[e]pyrene
Benzo[a]anthracene
Chrysen
Benzo[b]fluoranthene
Benzo[j]fluoranthene

EN

12

EN

Benzo[k]fluoranthene
Dibenzo[a,h]anthracene
Additional
restriction:

PAHs

subjecttoAcenaphthene
Acenaphthylene
Anthracene
Benzo[ghi]perylene
Fluoranthene
Fluorene
Indeno[1,2,3-cd]pyrene
Naphthalene
Phenanthrene
Pyreneiii)
products

Biocidal Biocidal products intended to provide N/Aan anti-bacterial function
Derogation for materials sold in
hospitals
andforhealthcare
applicationsv) Glass
agentsfining Arsenic and its compounds is not used 0,0050% w/w
in the manufacturing of LCD display
unit glass and screen cover glass.

vi) Chlorine based
plastics

Plastic parts >25g do not contain N/Achlorinated polymers.
Note: For this specific subrequirement, plastic cable housing is
not considered as a ’plastic part’.

2.6.5. The products do not contain halogen beyond the limits which can be detected in line withthe measurement specified in existing standards for all its components: cables (EN IEC 607543), plastic parts (EN50642), electronic components (EN IEC 61249-2-21 or JS709C),
consumables (EN IEC 61249-2-21 and IPC J-STD-004B).
2.6.6. The products do not contain fluor gas.
2.6.7. Use of Tetrabromobisphenol A (TBBPA) is allowed as reactive component for Printed
Circuit Boards only.
2.7. Information to customers:
2.7.1. The operator of the activity provides information to customers regarding options to use

EN

13

EN

the product considering the environmental benefits, in particular the lifetime extension of the
products associated with the different modes of the product.
2.7.2. The operator of the activity provides information to customers regarding the buy-back,sell-back and take-back options for the product, information on separate collection andcollection points for waste electrical and electronic equipment (WEEE), as well as information
on re-use options. For portable batteries, information is provided on separate collection andcollection points for waste batteries.
2.7.3. For electrical and electronic equipment, the operator of the activity appropriately marks
the product with the symbol indicating separate collection for electric and electronic equipment
as set out in Annex IX to the Directive 2012/19/EU. The operator of the activity provides theconsumer with relevant information on costs of collection, treatment and disposal of the productin an environmentally sound way as set out in Article 14(1) of that Directive.
2.8. Producer responsibility:
2.8.1. The operator of the activity, when placing electrical and electronic equipment on themarket of the Member States, establishes an individual or participates in a collective extended
producer responsibility schemes in all the Member States in which the product is placed on themarket, in line with Directive 2012/19/EU. The financial contributions to the collective
schemes are based on eco modulation and cover the costs of separate collection and treatment
of WEEE.
2.8.2. For portable batteries, the producer establishes waste portable battery take-back andcollection systems, which include collection points, in all Member States in which the productis placed on the market.
Do no significant harm (‘DNSH’)

Where the manufactured product contains refrigerants, it complies with
the GWP performance laid down in the Regulation (EU) No 517/2014(1) Climate change of the European Parliament and of the Council35. The activity does not
mitigation
manufacture products containing Sulfur hexafluoride (SF6).
Where applicable, the manufactured product does not score lower than
the third significantly populated class36 of energy efficiency in

35

36

EN

Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on
fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006 (OJ L 150, 20.5.2014, p.
195).
The requirement targets the three highest classes of energy efficiency that are populated, in which atleast some products are on the market. To understand which classes are the highest populated in which
at least some products are on the market, an overview of the available products on the market (based on
official data) is provided by European Product Database for Energy Labelling.

14

ENaccordance with Regulation (EU) 2017/1369 of the European
Parliament and of the Council and delegated acts adopted under that
Regulation37.

(2) Climate change The activity complies with the criteria set out in Appendix A to thisadaptation
Annex.
(3) Sustainable use
The activity complies with the criteria set out in Appendix B to thisand protection ofAnnex.
water and marine
resources
The activity does not hamper the achievement of good environmental
status of marine waters or does not deteriorate marine waters that are
already in good environmental status as defined in Article 2, points (21)of Regulation (EU) 2020/852 and in accordance with Directive
2008/56/EC, which requires in particular that the appropriate measures
are taken to prevent or mitigate impacts in relation to the descriptors
laid down in Annex I to that Directive, taking into account theCommission Decision (EU) 2017/8489 in relation to the relevant
criteria and methodological standards for those descriptors.

(5)
Pollution The activity complies with criteria set out in Appendix C to this Annex.
prevention
and For manufacturing of portable batteries, batteries comply with thecontrolapplicable sustainability rules on the placing on the market of batteries
in the Union, including restrictions on the use of hazardous substances
in batteries, including Regulation (EC) No 1907/2006 and Directive
2006/66/EC of the European Parliament and of the Council38.
(6) Protection
restoration
biodiversity
ecosystems

37

38

EN

and The activity complies with the criteria set out in Appendix D to thisof Annex.
andRegulation (EU) 2017/1369 of the European Parliament and of the Council 4 July 2017 setting aframework for energy labelling and repealing Directive 2010/30/EU (OJ L 198, 28.7.2017, p.1).
Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries
and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC (OJ L 266,
26.9.2006, p. 1).

15

EN

2.

WATER SUPPLY, SEWERAGE, WASTE MANAGEMENT AND REMEDIATION ACTIVITIES

2.1.

Phosphorus recovery from waste water

Description of the activity
Construction, upgrade, operation and renewal of facilities for recovery of phosphorus fromon-site waste water treatment plants (WWTP) (aqueous phase and sludge) and from materials(i.e. ashes) after thermal oxidation (i.e. incineration) of sewage sludge.
The economic activity only includes the facilities and processes that make phosphorus
recovery possible, not the previous steps, such as waste water treatment or incineration
facilities.
The economic activities in this category could be associated with several NACE codes, inparticular E37.00, E38.32 and F42.99 in accordance with the statistical classification of
economic activities established by Regulation (EC) No 1893/2006.
Technical screening criteria
Substantial contribution to the transition to a circular economy
1. For the process integrated at the WWTP, covering mainly phosphorus salts such as
struvite–magnesium ammonium phosphate (NH4MgPO4∙6H2O), the phosphorus recovery
process recovers at least 15% of the incoming phosphorus load. Only the harvested material,
such as struvite, is counted for the calculation of this threshold.
2. For down-stream recovery after sewage sludge thermal oxidation with chemical
phosphorus recovery or after sewage sludge thermal oxidation with thermo chemical
phosphorus recovery, the process recovers at least 80% of the incoming phosphorus load fromthe respective input material, such as sewage sludge ash.
3. The phosphorus extracted out of the system is used either as a component material in a
fertilising product compliant with Regulation (EU) 2019/1009 of the European Parliament andof the Council39 or national fertiliser legislation where it is more stringent, or in another fieldof application, where the recovered phosphorus fulfils specified functions, in accordance withthe respective regulations.
Do no significant harm (‘DNSH’)(1) Climate change
N/A
mitigation

39

EN

Regulation (EU) 2019/1009 of the European Parliament and of the Council of 5 June 2019 laying down
rules on the making available on the market of EU fertilising products and amending Regulations (EC)No 1069/2009 and (EC) No 1107/2009 and repealing Regulation (EC) No 2003/2003 (OJ L 170,
25.6.2019, p. 1)

16EN

(2) Climate change The activity complies with the criteria set out in Appendix A to thisadaptation
Annex.
(3) Sustainable use
The activity complies with the criteria set out in Appendix B to thisand protection ofAnnex.
water and marine
resources(5)
Pollution Key performance parameters, including a mass balance for phosphorus
prevention
and pentoxide (P2O5) and key environmental parameters in relation to thecontrol
identity and quantity of emissions and waste streams generated, aremonitored.
(6) Protection and The activity complies with the criteria set out in Appendix D to thisrestorationof Annex.
biodiversity
andecosystems
2.2.

Production of alternative water resources for purposes other than humanconsumption

Description of the activity
Construction, extension, operation and renewal of facilities for producing reclaimed water40,
facilities for harvesting rain and storm water and facilities for collection and treatment of grey
water41.
These alternative water resources are used to replace water from abstraction or from thedrinking water supply systems and can be used for aquifer recharge, irrigation, industrial
reuse, recreation and any other municipal use.
The economic activity only includes the facilities and processes that make it possible for thewater to be reused, such as facilities for recharging aquifers or surface water storages, anddoes not include the previous steps, such as primary and secondary steps in the waste water
treatment plant or the subsequent steps, necessary for the final reuse of these alternative water
resources, such as irrigation systems.
The economic activity does not include desalination (see Section 5.13. of Annex II to
Delegated Regulation (EU) 2021/2139).

40

41

EN

‘Reclaimed Water’ means urban waste water that has been treated in compliance with the requirements
set out in Directive 91/271/EEC and which results from further treatment in a reclamation plant.
‘Grey water’ means untreated waste water that has not been contaminated by any toilet discharge. Grey
water includes waste water from bathtubs, showers, bathroom sinks, clothes washing machines andlaundry sinks.

17

EN

This economic activity does not include supply of water for the purpose of humanconsumption (see Section 2.1. of Annex I).
The economic activities in this category could be associated with several NACE codes, inparticular E37.00 and F42.9 in accordance with the statistical classification of economic
activities established by Regulation (EC) No 1893/2006.
Technical screening criteria
Substantial contribution to the transition to a circular economy
1. For production of reclaimed water, the activity complies with the following criteria:(a)the reclaimed water is suitable for reuse. For use in agriculture, the reclaimed watercomplies with EU requirements, such as those set out in Regulation (EU) 2020/741
of the European Parliament and of the Council42. For uses other than agricultural
irrigation, the final quality of reclaimed water is fit for purpose and compliant withexisting national legislation and standards;(b)

the water reuse project has been authorised by the competent authority, in theframework of integrated water management, having as a priority taken into accountviable water demand management and efficiency measures, in consultation with thewater management authorities. This may be proven by its inclusion in a water
management plan or drought management plan. For reuse in agriculture, theassessments of the environmental risks, including those related to the quantitative
status of water bodies, are fully taken into account in the risk management plans,required by Regulation (EU) 2020/741.

2. For facilities for harvesting rain and storm water, the activity complies with the following
criteria:(a)the resource (rain or storm water) is segregated at source and does not include waste
water;(b)

the water is suitable for use after proper treatment depending on the level ofcontamination and ulterior use;(c)the facility is included in an instrument of urban planning or permitting, such as
Master Plan or municipal planning.

3. For facilities for collection and treatment of grey waters, the activity complies with thefollowing criteria:

EN

(a)

the resource (grey water) is segregated at source;(b)

the water is suitable for reuse after proper treatment depending on the level ofcontamination and ulterior reuse;(c)the performance is attested by a building certification or is available in the technicaldesign documents.

42

Regulation (EU) 2020/741 of the European Parliament and of the Council of 25 May 2020 on minimum
requirements for water reuse (OJ L 177, 5.6.2020, p. 32).

18

EN

Do no significant harm (‘DNSH’)

For the production of reclaimed water, an assessment of the direct GHG(1) Climate change
emissions from the reuse treatment, has been performed43. The results
mitigation
are disclosed to investors and clients on demand.

(2) Climate change The activity complies with the criteria set out in Appendix A to thisadaptation
Annex.
(3) Sustainable use
The activity complies with the criteria set out in Appendix B to thisand protection ofAnnex.
water and marine
resources(5)
Pollution For the uses prescribed in the EU Regulation (EU) 2020/741, theprevention
and activity complies with that Regulation or with applicable national
controllegislation where it is stricter. Aquifer recharge and infiltration of
surface runoff waters comply with the Directive 2006/118/EC or withapplicable national legislation where it is stricter.
(6) Protection and The activity complies with the criteria set out in Appendix D to thisrestorationof Annex.
biodiversity
andecosystems
2.3.

Collection and transport of non-hazardous and hazardous waste

Description of the activity
Separate collection and transport of non-hazardous and hazardous44 waste aimed at preparing
for reuse45 or recycling46, including the construction, operation and upgrade of facilities

43

44

EN

For example, following IPCC guidelines for national GHG inventories for waste water treatment(versionof[adoptiondate]:
https://www.ipccnggip.iges.or.jp/public/2019rf/pdf/5_Volume5/19R_V5_6_Ch06_Wastewater.pdf)‘Hazardous waste’ is waste which displays one or more of the hazardous properties listed in Annex III
of 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). It includes streams such as hazardous
waste fractions produced by households, waste oils, batteries, non-depolluted waste from electrical andelectronic equipment (WEEE), non-depolluted end-of-life vehicle, medical waste, etc. A comprehensiveclassification of hazardous waste can be found in the European List of Waste (Commission Decision
2000/532/EC).

19

EN

involved in the collection and transport of such waste, such as civic amenity centres and wastetransfer stations, as a means for material recovery.
The economic activities in this category could be associated with several NACE codes, inparticular E38.11, E38.12 and F42.9 in accordance with the statistical classification of
economic activities established by Regulation (EC) No 1893/2006.
Technical screening criteria
Substantial contribution to the transition to a circular economy

1. All separately collected and transported waste that is segregated at source is intended for
preparation for reuse or recycling operations.
2. Source segregated waste consisting of (i) paper and cardboard, (ii) textiles47, (iii) biowaste,(iv) wood, (v) glass, (vi) waste from electrical and electronic equipment (WEEE) or (vii) any
type of hazardous waste is collected separately (i.e. in single fractions) and not commingledwith other waste streams.
For source segregated non-hazardous waste other than the fractions mentioned above,
collection in co-mingled fractions takes place only where it meets one of the conditions laid
down in Article 10, paragraph 3, indents (a), (b) or (c) of Directive 2008/98/EC of theEuropean Parliament and of the Council48.
Different types of hazardous waste may be placed together in a hazardous waste box, cabinet
or similar solution under the condition that each waste type is properly packaged to keep thewaste separate in the box or cabinet and that hazardous waste is sorted in waste types aftercollection from households.
3. For municipal waste streams, the activity complies with one of the following criteria:(a)the activity carries out municipal solid waste collection mainly via door-to-doorcollection schemes or supervised collection points to ensure a high level of separate
collection and low rates of contamination;(b)

the activity carries out separate waste collection within publicly organised waste
management systems where waste producers are charged based on a pay-as-you-45‘Preparing for re-use’ means checking, cleaning or repairing recovery operations, by which products orcomponents of products that have become waste are prepared so that they can be re-used without anyother pre-processing.
‘Recycling’ means any recovery operation by which waste materials are reprocessed into products,
materials or substances whether for the original or other purposes. It includes the reprocessing oforganic material but does not include energy recovery and the reprocessing into materials that are to be
used as fuels or for backfilling operations.
This includes textiles, footwear, and accessories, such as clothes/wearing apparel belts or hats.
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).

46

47
48

EN

20

EN

throw (PAYT) mechanism, at least for the residual waste stream or there are othertypes of economic instruments in place that incentivize waste segregation at source49;(c)the activity carries out separate waste collection outside of publicly organised waste
management systems that apply deposit and refund systems or other types of
economic instruments that directly incentivize waste segregation at source.

4. The activity continuously monitors and assesses the quantity and quality of wastes
collected based on predefined Key Performance Indicators (KPIs) to comply with all of thefollowing criteria:(a)fulfilling reporting obligations vis-a-vis relevant stakeholders, such as publicauthorities, Extended Producer Responsibility (EPR) schemes;(b)periodically communicating relevant information to waste producers and the publicin general, in cooperation with relevant stakeholders, such as public authorities, EPR
schemes;(c)identifying needs for and undertaking corrective action where the KPIs deviate fromapplicable targets or benchmarks, in cooperation with relevant stakeholders, such as
public authorities, EPR schemes, value chain partners.

Do no significant harm (‘DNSH’)(1) Climate change
N/A
mitigation(2) Climate change The activity complies with the criteria set out in Appendix A to thisadaptation
Annex.
(3) Sustainable use
The activity complies with the criteria set out in Appendix B to thisand protection ofAnnex.
water and marine
resources
The activity does not hamper the achievement of good environmental
status of marine waters or does not deteriorate marine waters that are
already in good environmental status as defined in Article 2, points (21)of Regulation (EU) 2020/852 and in accordance with Directive
2008/56/EC, which requires in particular that the appropriate measures
are taken to prevent or mitigate impacts in relation to the descriptors
laid down in Annex I to that Directive, taking into account theCommission Decision (EU) 2017/8489 in relation to the relevant
criteria and methodological standards for those descriptors.

49

EN

See European Commission ‘Guidance for separate collection of municipal waste’, section 3.1(Economic incentives), available at: https://op.europa.eu/en/publication-detail/-/publication/bb44483094bf-11ea-aac4-01aa75ed71a1.

21

EN

(5)
Pollution 1. The activity utilises waste collection vehicles which conform to at
prevention
and least EURO V standards50.
control
2. Hazardous waste is collected separately from non-hazardous waste toprevent cross-contamination. Appropriate measures are taken to ensurethat during separate collection and transport, hazardous waste is not
mixed either with other categories of hazardous waste or with otherwaste, substances or materials. Mixing includes the dilution of
hazardous substances.
3. Proper collection and handling prevent leakage of hazardous waste
during collection, transport, storage and delivery to the treatment
facility permitted to treat hazardous waste.
4. Hazardous waste is packaged and labelled in accordance with theinternational and Union standards in force in the course of collection,transport and temporary storage.
5. The operator collecting hazardous waste complies with recordkeeping obligations, including as regards quantity, nature, origin,destination, frequency of collection, mode of transport and treatment
method, set out in applicable Union and national legislation
6. For waste from electrical and electronic equipment (WEEE):(a)the main categories of end-of-life Electrical and Electronic
Equipment (EEE) set out in Annex III to Directive
2012/19/EU are collected separately;(b)collection and transport preserve the integrity of WEEE andprevent the leakage of hazardous substances, such as ozonedepleting substances, fluorinated greenhouse gases or mercury
contained in fluorescent lamps.

7. A management system is set up by the collection and logistics
operator to manage environmental, health and safety risks.
(6) Protection and N/Arestorationof
biodiversity
andecosystems
2.4.

Treatment of hazardous waste

Description of the activity
Construction, upgrade, and operation of dedicated facilities for the treatment of hazardous
waste as a means for material recovery operations.
50

EN

In accordance with Regulation (EU) 2018/858 of the European Parliament and of the Council of 30
May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems,
components and separate technical units intended for such vehicles, amending Regulations (EC) No
715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1).

22

EN

This economic activity covers both in-situ and ex-situ material recovery operations of waste
classified as hazardous waste in accordance with the European List of Waste established byCommission Decision 2000/532/EC51 and in accordance with Annex III to Directive
2008/98/EC. This includes the following streams:(a)solvent reclamation or regeneration;(b)regeneration of acids and bases;(c)

recycling or reclamation of inorganic materials other than metals or metalcompounds;(d)recovery of components from catalysts;(e)re-refining of oil lubricants and other industrial waste oils (excluding for use as fuelor incineration).

The economic activity does not include the reuse of substances that do not qualify as waste,such as by-products or residues from production activities, in accordance with Article 5 ofDirective 2008/98/EC.
The economic activity does not include recovery of materials from batteries, Waste from
Electrical and Electronic Equipment (WEEE), End-of-Life Vehicles (ELV), inorganic
materials from incineration processes, such as ashes, slags or dust. The economic activity
does not include the treatment and recovery of nuclear waste.
The economic activities in this category could be associated with several NACE codes, inparticular E38.22, E38.32, F42.9 in accordance with the statistical classification of economic
activities established by Regulation (EC) No 1893/2006.
Technical screening criteria
Substantial contribution to the transition to a circular economy
The activities consist exclusively of the material recovery of secondary raw materials(including chemical substances and critical raw materials) from source segregated hazardous
waste.
The recovered materials are substituting primary raw materials, including critical raw
materials, or chemicals in production processes52.
The recovered materials comply with the applicable industry specifications, harmonized
standards, or end-of-waste criteria, as well as relevant applicable Union and national
legislation.

51

52

EN

Commission Decision 2000/532/EC of 3 May 2000 replacing Decision 94/3/EC establishing a list ofwastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision
94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive
91/689/EEC on hazardous waste (OJ L 226, 6.9.2000, p. 3).
Production processes refer to any kind of economic activity that produces a material, product or asset;
recovered materials refer to the output of the recovery process.

23

ENDo no significant harm (‘DNSH’)

The activity, on a life-cycle basis, does not increase GHG emissions ascompared to the production based on the equivalent primary raw
material(s).
(1) Climate changeLife-cycle greenhouse gas emissions are calculated using Commission
mitigation
Recommendation 2013/179/EU53 or, alternatively, using ISO
14067:201854 or ISO 14064-1:201855. Quantified life-cycle GHG
emissions are verified by an independent third party.

(2) Climate change The activity complies with the criteria set out in Appendix A to thisadaptation
Annex.
(3) Sustainable use
The activity complies with the criteria set out in Appendix B to thisand protection ofAnnex.
water and marine
resources
Relevant techniques are deployed for the protection of water andmarine resources, as set out in the best available techniques (BAT)
conclusions for waste treatment56.
The activity does not hamper the achievement of good environmental
status of marine waters or does not deteriorate marine waters that are
already in good environmental status as defined in Article 2, points (21)of Regulation (EU) 2020/852 and in accordance with Directive
2008/56/EC, which requires in particular that the appropriate measures
are taken to prevent or mitigate impacts in relation to the descriptors
laid down in Annex I to that Directive, taking into account theCommission Decision (EU) 2017/8489 in relation to the relevant
criteria and methodological standards for those descriptors.
(5)

53

54

55

56

EN

Pollution All substances, and mixtures recovered comply with the applicable

Commission Recommendation of 9 April 2013 on the use of common methods to measure andcommunicate the life cycle environmental performance of products and organisations (OJ L 124,
4.5.2013, p. 1).
ISO 14067:2018(en), Greenhouse gases — Carbon footprint of products — Requirements andguidelines for quantification, available at: https://www.iso.org/obp/ui#iso:std:iso:14067:ed-1:v1:en.
ISO 14064-1:2018(en), Greenhouse gases — Part 1: Specification with guidance at the organizationlevel for quantification and reporting of greenhouse gas emissions and removals, available at:https://www.iso.org/obp/ui/#iso:std:iso:14064:-1:en.
Commission Implementing Decision (EU) 2018/1147 of 10 August 2018 establishing best available
techniques (BAT) conclusions for waste treatment, under Directive 2010/75/EU of the European
Parliament and of the Council (OJ L 208, 17.8.2018, p. 38-90).

24

EN

prevention
controland relevant legislation, such as Regulation (EC) No 1907/2006, Regulation(EU) 2019/1021, Regulation (EC) No 1272/2008 and Directive
2008/98/EC.
The activity deploys relevant techniques for pollution prevention andcontrol, as set out in the best available techniques (BAT) conclusions
for waste treatment57.

(6) Protection and The activity complies with the criteria set out in Appendix D to thisrestorationof Annex.
biodiversity
andecosystems
2.5.

Recovery of bio-waste by anaerobic digestion or composting

Description of the activity
Construction and operation of facilities for the treatment of separately collected bio-waste
through anaerobic digestion or composting with the resulting production and utilisation of
biogas, digestate, compost or chemicals.
The economic activities in this category could be associated with several NACE codes, inparticular E38.21 and F42.9 in accordance with the statistical classification of economic
activities established by Regulation (EC) No 1893/2006.
Technical screening criteria
Substantial contribution to the transition to circular economy
1. The bio-waste that is used for anaerobic digestion or composting is source segregated andcollected separately. Where bio-waste is collected in biodegradable bags, the bags have theappropriate compostable certification standard EN 13432:200058.
2. In these anaerobic digestion plants, source segregated bio-waste from separate collection
constitutes at least 70% of the input feedstock, measured in weight, as an annual average. Codigestion may cover up to 30% of the input feedstock of advanced bioenergy feedstock listed
in Annex IX to Directive (EU) 2018/2001, which may not include contaminated feedstock
coming from biomass fraction of mixed municipal and industrial waste. The input does notinclude feedstock excluded in Part II of Annex II to Regulation (EU) 2019/1009, forComponent Material Category (CMC) 3 (Compost) in accordance with point (c) of thatcategory and for Component Material Category (CMC) 5 (Digestate other than fresh crop
digestate) in accordance with point (c) of that category.

57
58

EN

Implementing Decision (EU) 2018/1147.
EN 13432:2000 Packaging - Requirements for packaging recoverable through composting andbiodegradation - Test scheme and evaluation criteria for the final acceptance of packaging.

25

EN3. The activity produces one of the following:(a)compost or digestate complying with Regulation (EU) 2019/1009, in particular withrequirements of Annex II on the Component Material Categories (CMC), referring
specifically to CMC 3 (Compost) and CMC 5 (Digestate other than fresh crop
digestate) or with national rules on fertilisers or soil improvers, with equal or stricter
requirements compared to those of Regulation 2019/1009;(b)chemicals through the conversion of organic waste to carboxylates, carboxylic acids
or polymers by fermentation with mixed cultures.

4. Quality assurance of the production process is performed using Module D1 set out inRegulation (EU) 2019/1009.
5. Compost and digestate complying with Regulation (EU) 2019/1009 or equivalent nationalrules is not landfilled.
The digestate is preferably composted after anaerobic digestion to maximise benefits to thesoil it is applied to afterwards, and minimises some potential agro-environmental issues suchas release of ammonia and nitrates.
6. Where anaerobic digestion is installed, the produced biogas is used directly for thegeneration of electricity or heat, or upgraded to bio-methane for use as a fuel (possibly withdirect injection in the gas grid) or as industry feedstock to produce other chemicals or
converted into hydrogen for use as a fuel.
Do no significant harm (‘DNSH’)(1) Climate change A monitoring and contingency plan is in place to minimise methane
mitigation
leakage at the facility.

(2) Climate change The activity complies with the criteria set out in Appendix A to thisadaptation
Annex.
(3) Sustainable use
The activity complies with the criteria set out in Appendix B to thisand protection ofAnnex.
water and marine
resources(5)
Pollution For anaerobic digestion plants treating over 100 tonnes per day and forprevention
and composting plants treating over 75 tonnes per day, the activity complies
controlwith best available techniques (BAT) conclusions for waste treatment59
or equal or stricter national regulation, in order to reduce emissions to59

ENImplementing Decision (EU) 2018/1147.

26

EN

air and to improve the overall environmental performance as well as toselect the waste input and to monitor or control the key waste andprocess parameters.
Emissions to air and water are within or lower than the emission levels
associated with the best available techniques (BAT-AEL) ranges set
for, respectively, anaerobic and aerobic treatment of waste in the latest
relevant best available techniques (BAT) conclusions, including thebest available techniques (BAT) conclusions for waste treatment60.
For anaerobic digestion, the nitrogen content of the digestate used as
fertilisers or soil improver is communicated to the buyer or the entity incharge of taking off the digestate, either in compliance with Regulation(EU) 2019/1009, or with tolerance level ± 25%. .
(6) Protection and The activity complies with the criteria set out in Appendix D to thisrestorationof Annex.
biodiversity
andecosystems
2.6.

Depollution and dismantling of end-of-life products

Description of the activity
Construction, operation and upgrade of facilities dismantling and depolluting complex end-oflife products, movable assets and their components for materials recovery or preparation for
re-use of components.
The economic activity includes the dismantling of end-of-life products and movable assets
and their components of any type, such as automobiles, ships, computers, televisions,components from wind turbines, and other equipment, for material recovery. It also includes
the dismantling and depollution of temperature exchange equipment.
The economic activity does not include the treatment of batteries stemming from separate
collection or removed during dismantling and depollution activities, and the demolition andwrecking of buildings and other structures (see Section 3.3. of this Annex).
The economic activities in this category could be associated with several NACE codes, inparticular E38.31, E38.32, E46.77and E42.9 in accordance with the statistical classification of
economic activities established by Regulation (EC) No 1893/2006.
Technical screening criteria
Substantial contribution to the transition to a circular economy

60

EN

Implementing Decision (EU) 2018/1147.

27

EN

1. The economic activity dismantles and depollutes separately collected waste, in state-of-theart facilities, from complex end-of-life products, such as automobiles, electrical and electronicequipment (EEE) or ships, in order to:(a)harvest parts and components that are suited for re-use;(b)separate non-hazardous and hazardous waste fractions suited for material recovery
including recovery of critical raw materials;(c)remove hazardous substances, mixtures and components, so that these are containedin an identifiable61 stream or that are an identifiable part of a stream within thetreatment process, and send them to facilities permitted for proper treatment anddisposal of hazardous waste;(d)enclose documentation of the materials that are sent for further treatment or reuse.

2. For the dismantling and depollution of scrap ships, the facility is included in the European
List of ship recycling facilities as laid down in Commission Implementing Decision (EU)2016/232362. For the construction of a new facility or the upgrade of an existing facility which
is not yet included in the European List of ship recycling facilities, the facility fulfils all
requirements set out in Article 13 of Regulation (EU) No 1257/201363 and has applied to be
included in the European List of ship recycling facilities.
3. For the dismantling and depollution of Waste from Electrical and Electronic Equipment(WEEE) and End-of-Life vehicles (ELVs), waste originates from collection points meetingthe applicable requirements set by Union64 and national legislation.
Do no significant harm (‘DNSH’)(1) Climate change
N/A
mitigation(2) Climate change The activity complies with the criteria set out in Appendix A to thisadaptation
Annex.
(3) Sustainable use

61

62

63

64

EN

The activity complies with the criteria set out in Appendix B to thisA substance, mixture or component is identifiable if it can be monitored to verify environmentally safe
treatment.
Commission Implementing Decision 2016/2323 establishing the European List of ship recycling
facilities pursuant to Regulation (EU) No 1257/2013 of the European Parliament and of the Council onship recycling (OJ L 345, 20.12.2016, p. 119).
Regulation (EU) No 1257/2013 of the European Parliament and of the Council of 20 November 2013
on ship recycling and amending Regulation (EC) No 1013/2006 and Directive 2009/16/EC (OJ L 330,
10.12.2013, p. 1).
At Union level, applicable requirements are set for WEEE by Directive 2012/19/EU and for ELVs by
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).

28

EN

and protection of Annex.
water and marine
The activity does not hamper the achievement of good environmental
resources
status of marine waters or does not deteriorate marine waters that are
already in good environmental status as defined in Article 2, points (21)of Regulation (EU) 2020/852 and in accordance with Directive
2008/56/EC, which requires in particular that the appropriate measures
are taken to prevent or mitigate impacts in relation to the descriptors
laid down in Annex I to that Directive, taking into account theCommission Decision (EU) 2017/8489 in relation to the relevant
criteria and methodological standards for those descriptors.

(5)
Pollution 1. The facility is equipped to manage and store safely and in an
prevention
and environmentally sound manner hazardous substances, mixtures andcontrol
components removed during the depollution operations.
2. For end-of-life vehicles (ELVs), the facility complies with therequirements for storage, treatment, depollution and treatment
operations set in Annex I to Directive 2000/53/EC.
3. For waste from electrical and electronic equipment (WEEE), thefacility complies with the requirements for proper treatment set out in
Article 8 of Directive 2012/19/EU, in particular with the requirements
for selective treatment for materials and components of WEEE set out
in Annex VII to Directive 2012/19/EU and for storage and treatment
operations set out in Annex VIII to Directive 2012/19/EU.
The facility complies with normative requirements relevant to its
activities for de-pollution set out in the standards EN 50625-1:201465,
EN 50625-2-1:201466, EN 50625-2-2:201567, EN 50625-2-3:201768 andEN 50625-2-4:201769.
Implementation of such measures can also be demonstrated throughcompliance with regulatory requirements that are equivalent to those set
out in the EN standards mentioned above.
For the treatment of WEEE containing volatile fluorocarbons (VFCs)
and volatile hydrocarbons (VHCs) and WEEE containing mercury,
65

66

67

68

69

EN

EN 50625-1:2014 Collection, logistics & Treatment requirements for WEEE - Part 1: General treatment
requirements.
EN 50625-2-1:2014 Collection, logistics and treatment requirements for WEEE - Part 2-1: Treatment
requirements for lamps.
EN 50625-2-2:2015 Collection, logistics & Treatment requirements for WEEE - Part 2-2: Treatment
requirements for WEEE containing CRTs and flat panel displays.
EN 50625-2-3:2017 Collection, logistics & treatment requirements for WEEE - Part 2-3: Treatment
requirements for temperature exchange equipment and other WEEE containing VFC and/or VHC.
EN 50625-2-4:2017 Collection, logistics & treatment requirements for WEEE - Part 2-4: Treatment
requirements for photovoltaic panels.

29

ENemissions are within or lower than the emission levels associated withthe best available techniques (BAT-AEL) ranges as set out in the best
available techniques (BAT) conclusions for waste treatment70.
4. For ship recycling, the facility complies with the requirements set out
in Article 13 of Regulation (EU) No 1257/2013 and is included in theEuropean List of ship recycling facilities established under that
Regulation. The facility complies with the requirements set out in
Article 7 of that Regulation with regards to the preparation of a shipspecific recycling plan prior to any recycling of a ship.
(6) Protection and The activity complies with the criteria set out in Appendix D to thisrestorationof Annex.
biodiversity
andecosystems
2.7.

Sorting and material recovery of non-hazardous waste

Description of the activity
Construction, upgrade, and operation of facilities for the sorting and recovery of nonhazardous waste streams into high quality secondary raw materials using a mechanicaltransformation process.
The economic activity does not include sorting and recovery of combustible fractions frommixed residual waste for the production of refuse derived fuel, such as in mechanical andbiological treatment plants.
The economic activities in this category could be associated with several NACE codes, inparticular E38.32 and E42.9 in accordance with the statistical classification of economic
activities established by Regulation (EC) No 1893/2006.
Technical screening criteria
Substantial contribution to the transition to a circular economy
1. Origin of the feedstock material
The non-hazardous waste feedstock originates from one or multiple of the following sources:(a)separately collected and transported waste, including in commingled fractions71;(b)

non-hazardous waste fractions originating from dismantling and depollution
activities from end-of-life products;

70

Implementing Decision (EU) 2018/1147.
In accordance with Article 10(3) of Directive 2008/98/EC of the European Parliament and of theCouncil of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3)
and with the national legislation and waste management plans.

71

EN

30

EN

(c)

construction and demolition waste from selective demolition or otherwise segregatedat source;(d)non-hazardous waste fractions originating from sorting of mixed waste intended forrecycling where the facility meets a defined quality of performance and the waste iscoming from areas complying with separate collection obligations laid out inDirective 2008/98/EC.

2. Material recovery
The activity attains or exceeds existing plant-specific material recovery rates by competentauthorities set in applicable waste management plans, permits or contracts or by Extended
Producer Responsibility (EPR) schemes. The facility implements internally defined Key
Performance Indicators (KPIs) to track performance or attainment of applicable recovery
rates.
For materials for which separate collection is mandatory, the activity converts at least 50 %,in terms of weight, of the processed separately collected non-hazardous waste into secondary
raw materials that are suitable for the substitution of primary raw materials in production
processes.
3. Proper management of waste
The facility recovering non-hazardous waste has implemented Best Available Techniques(BAT) based on BAT 2 on improving overall environmental performance of the plant set out
in the best available techniques (BAT) conclusions for waste treatment72 including:(a)a waste characterisation procedure and a strict waste acceptance procedure regarding
the quality of incoming waste;(b)

a tracking system and inventory aiming to track the location and quantity of waste in
the plant;(c)an output quality management system to ensure that the output of the waste treatment
is in line with applicable quality requirements or standards, using for example
existing EN or ISO standards;(d)the relevant waste segregation measures or procedures to ensure that waste, after
separation, is kept separated depending on its properties in order to enable easier andenvironmentally safer storage and treatment;(e)the relevant measures to ensure waste compatibility prior to mixing or blending ofwaste;(f)

the facility has installed the sorting and material recovery technology and processes
to meet relevant technical specifications, quality standards or end-of-waste criteria.
The activity uses state-of-the-art technologies suited to the waste fractions processed
including optical separation by near-infrared spectroscopy or X-ray systems, density
separation, magnetic separation or size separation.

4. Quality of secondary raw materials
The activity converts or allows the conversion of waste into secondary raw materials,

72

EN

Implementing Decision (EU) 2018/1147.

31

ENincluding critical raw materials, that are suitable for the substitution of primary raw materials
in production processes.
Do no significant harm (‘DNSH’)(1) Climate change
N/A
mitigation(2) Climate change The activity complies with the criteria set out in Appendix A to thisadaptation
Annex.
(3) Sustainable use
The activity complies with the criteria set out in Appendix B to thisand protection ofAnnex.
water and marine
resources(5)
Pollution For activities falling under the scope of the best available techniques
preventionand (BAT) conclusions for waste treatment73, the activity implements thecontrol
relevant techniques for pollution and prevention control and meets therelevant associated emission limits (BAT-AELs).
(6) Protection and The activity complies with the criteria set out in Appendix D to thisrestorationof Annex.
biodiversity
andecosystems

3.

CONSTRUCTION AND REAL ESTATE ACTIVITIES

3.1.

Construction of new buildings

Description of the activity
The development of construction projects for residential and non-residential buildings by
combining financial, technical, and physical means with a view to sell the building upondelivery or at a later date, as well as the construction of complete residential or non-residentialbuildings, on own account for sale or on a fee or contract basis.
The economic activities in this category could be associated with several NACE codes, inparticular F41.1, F41.2 and F43, in accordance with the statistical classification of economic
activities established by Regulation (EC) No 1893/2006.

73

EN

Implementing Decision (EU) 2018/1147.

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Technical screening criteria
Substantial contribution to the transition to a circular economy
1. All generated construction and demolition waste is treated in accordance with Union waste
legislation and with the full checklist of the EU Construction and Demolition Waste
Management Protocol, in particular by setting sorting systems74. At least 90 % (by weight) of
the non-hazardous construction and demolition waste generated on the construction site isprepared for re-use75 or recycling76. This excludes naturally occurring material referred to in
category 17 05 04 in the European List of Waste established by Decision 2000/532/EC. The
operator of the activity demonstrates compliance with the 90% threshold by reporting on theLevel(s) indicator 2.277 using the Level 2 reporting format for different waste streams.
2. The life-cycle Global Warming Potential (GWP) of the building resulting from theconstruction has been calculated for each stage in the life cycle and is disclosed to investors
and clients on demand78.
3. Construction designs and techniques support circularity via the incorporation of concepts
for design for adaptability and deconstruction as outlined in Level(s) indicators 2.3 and 2.4

74

75

76

77

78

EN

EU Construction & Demolition Waste Management Protocol, Annex F, September 2016:
https://ec.europa.eu/docsroom/documents/20509/.
‘Preparing for re-use’ means checking, cleaning or repairing recovery operations, by which products orcomponents of products that have become waste are prepared so that they can be re-used without anyother pre-processing. This includes, for instance, the preparation for re-use of certain parts of buildings
like roof elements, windows, doors, bricks, stones or concrete elements. A pre-requisite for the
preparation for re-use of building elements is usually the selective deconstruction of buildings or otherstructures.
‘Recycling’ means any recovery operation by which waste materials are reprocessed into products,
materials or substances whether for the original or other purposes. It includes the reprocessing oforganic material but does not include energy recovery and the reprocessing into materials that are to be
used as fuels or for backfilling operations.
See Level(s) indicator 2.2: Construction and demolition waste and materials, User Manual: overview,
guidance and instructions (Publication version 1.1), https://susproc.jrc.ec.europa.eu/productbureau//sites/default/files/2021-01/UM3_Indicator_2.2_v1.1_40pp.pdf. For reporting, the Excel
spreadsheet available on the Commission website is to be used: Construction and Demolition Waste(CDW) and materials excel template: for estimating (Level 2) and recording (Level 3) amounts andtypes of CDW and their final destinations (version 1.1), https://susproc.jrc.ec.europa.eu/productbureau/product-groups/412/documents.
The GWP is communicated as a numeric indicator for each life cycle stage expressed as kgCO2e/m2 (ofuseful internal floor area) averaged for one year of a reference study period of 50 years. The data
selection, scenario definition and calculations are carried out in accordance with EN 15978 (BS EN
15978:2011. The scope of building elements and technical equipment is as defined in the Level(s)common EU framework for indicator 1.2. Following the Level(s) indicator 1.2 reporting format, theindicator is communicated as GWP fossil, GWP biogenic, GWP land use and land use change, as wellas the sum of these (GWP overall). Where a national calculation tool exists or is required for making
disclosures or for obtaining building permits, the respective tool may be used to provide the required
disclosure. Other calculation tools may be used if they fulfil the minimum criteria laid down by theLevel(s) common EU framework, see Level(s) indicator 1.2: Lifecycle Global Warming Potential(GWP), User manual: introductory briefing, instructions and guidance (Publication version 1.1),
https://susproc.jrc.ec.europa.eu/product-bureau/sites/default/files/202101/UM3_Indicator_1.2_v1.1_37pp.pdf.

33

ENrespectively. Compliance with this requirement is demonstrated by reporting on the Level(s)indicators 2.379 and 2.480 at Level 2.
4. The use of primary raw material in the construction of the building is minimised throughthe use of secondary raw materials81. The operator of the activity ensures that the threeheaviest material categories used to construct the building, measured by mass in kilogrammes,
comply with the following maximum total amounts of primary raw material used:(a)for the combined total of concrete, natural or agglomerated stone a maximum of 70%of the material come from primary raw material;(b)

for the combined total of brick, tile, ceramic, a maximum of 70% of the materialcome from primary raw material;(c)for biobased products, a maximum of 80% of the total material come from primary
raw material;(d)for the combined total of glass, mineral insulation, a maximum of 70% of the totalmaterial come from primary raw material;(e)for non-biobased plastic, a maximum of 50% of the total material come from primary
raw material;(f)for metals, a maximum of 30% of the total material come from primary raw material;(g)

for gypsum, a maximum of 65% of the material come from primary raw material.

The thresholds are calculated by subtracting the secondary material from the total amount ofeach material category used in the works measured by mass in kilogrammes. Where theinformation on the recycled content of a construction product is not available, it is to be
counted as comprising 100% primary raw material. Where a construction product is re-used, it
is to be counted as comprising zero primary raw material. Compliance with this criterion isdemonstrated by reporting in accordance with the Level(s) common EU framework forindicator 2.182.
5. The operator of the activity uses electronic tools to describe the characteristics of thebuilding as built, including the materials and components used, for the purpose of future

79

80

81
82

EN

See Level(s) indicator 2.3: Design for adaptability and renovation, User manual: introductory briefing,
instruction and guidance (Publication version 1.1), https://susproc.jrc.ec.europa.eu/productbureau//sites/default/files/2021-01/UM3_Indicator_2.3_v1.1_23pp.pdf.
See Level(s) indicator 2.4: Design for deconstruction user manual: introductory briefing, instructions
andguidance(Publication
version1.1),
https://susproc.jrc.ec.europa.eu/productbureau/sites/default/files/2021-01/UM3_Indicator_2.4_v1.1_18pp.pdf.
Including recycled or re-used products.
See Level(s) indicator 2.1: Bill of Quantities, materials and lifespans, User manual: introductory
briefing, instructions and guidance (Publication version 1.1), https://susproc.jrc.ec.europa.eu/productbureau//sites/default/files/2021-01/UM3_Indicator_2.1_v1.1_34pp.pdf. For reporting, the Excel
spreadsheet available on the Commission website is to be used: Bill of Quantities, materials andlifespans excel template: for estimating (Level 2) and recording (Level 3) purchases of material
quantities and costs (version 1.2),
https://susproc.jrc.ec.europa.eu/product-bureau/productgroups/412/documents.

34

ENmaintenance, recovery, and reuse, for example using EN ISO 22057:2022 to provide
Environmental Product Declarations83. The information is stored in a digital format and ismade available to the client. In addition, the operator ensures the long-term preservation ofthis information beyond the useful life of the building by using the information managing
systems provided by national tools, such as cadastre or public register.
Do no significant harm (‘DNSH’)

The building is not dedicated to extraction, storage, transport or
manufacture of fossil fuels.
The Primary Energy Demand (PED)84 setting out the energy(1) Climate change performance of the building resulting from the construction does notexceed the threshold set for the nearly zero-energy building (NZEB)
mitigation
requirements in national regulation implementing Directive
2010/31/EU of the European Parliament and of the Council85. Theenergy performance is certified using an as built Energy Performance
Certificate (EPC).

(2) Climate change The activity complies with the criteria set out in Appendix A to thisadaptation
Annex.
(3) Sustainable use
and protection ofwater and marine
resources

83

84

85

EN

Where installed, except for installations in residential building units, thespecified water use for the following water appliances are attested byproduct datasheets, a building certification or an existing product label
in the Union, in accordance with the technical specifications laid downin Appendix E to Annex I to Delegated Regulation (EU) 2021/2139:(a)wash hand basin taps and kitchen taps have a maximum waterflow of 6 litres/min;(b)

showers have a maximum water flow of 8 litres/min;(c)WCs, including suites, bowls and flushing cisterns, have a full
flush volume of a maximum of 6 litres and a maximum

ISO standard 22057:2022, Sustainability in buildings and civil engineering works — Data templates forthe use of environmental product declarations (EPDs) for construction products in building information
modelling (BIM) (version of April 2022), https://www.iso.org/standard/72463.html
The calculated amount of energy needed to meet the energy demand associated with the typical uses ofa building expressed by a numeric indicator of total primary energy use in kWh/m2 per year and basedon the relevant national calculation methodology and as displayed on the Energy Performance
Certificate (EPC).
Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy
performance of buildings (OJ L 153, 18.6.2010, p. 13).

35

EN

average flush volume of 3,5 litres;(d)urinals use a maximum of 2 litres/bowl/hour. Flushing urinals
have a maximum full flush volume of 1 litre.

To avoid impact from the construction site, the activity complies withthe criteria set out in Appendix B to this Annex.

(5)Pollution Building components and materials used in the construction comply
prevention
and with the criteria set out in Appendix C to this Annex.
control
Building components and materials used in the construction that may
come into contact with occupiers86 emit less than 0,06 mg offormaldehyde per m³ of test chamber air upon testing in accordancewith the conditions specified in Annex XVII to Regulation (EC) No
1907/2006 and less than 0,001 mg of other categories 1A and 1B
carcinogenic volatile organic compounds per m³ of test chamber air,upon testing in accordance with CEN/EN 1651687 or ISO 160003:201188 or other equivalent standardised test conditions anddetermination methods.89
Where the new construction is located on a potentially contaminatedsite (brownfield site), the site has been subject to an investigation forpotential contaminants, for example using standard ISO 1840090.
Measures are taken to reduce noise, dust and pollutant emissions during
construction or maintenance works.
(6) Protection and
The activity complies with the criteria set out in Appendix D to thisrestorationofAnnex.
biodiversity
andecosystems
The new construction is not built on one of the following:
(a)

86

87

88

89
90
91

EN

arable land and crop land with a moderate to high level of soil
fertility and below ground biodiversity as referred to the EU
LUCAS survey91;

Applying to paints and varnishes, ceiling tiles, floor coverings, including associated adhesives andsealants, internal insulation and interior surface treatments, such as those to treat damp and mold.
CEN/TS 16516: 2013, Construction products - Assessment of release of dangerous substances Determination of emissions into indoor air.
ISO 16000-3:2011, Indoor air — Part 3: Determination of formaldehyde and other carbonyl compounds
in indoor air and test chamber air — Active sampling method.
The emissions thresholds for carcinogenic volatile organic compounds relate to a 28-day test period.
ISO 18400 series on Soil quality — Sampling.
JRC ESDCA, LUCAS: Land Use and Coverage Area frame Survey (version of [adoption date]:
https://esdac.jrc.ec.europa.eu/projects/lucas).

36

EN

3.2.

(b)

greenfield land of recognised high biodiversity value and landthat serves as habitat of endangered species (flora and fauna)
listed on the European Red List92 or the IUCN Red List93;(c)land matching the definition of forest as set out in national law
used in the national greenhouse gas inventory, or where notavailable, is in accordance with the FAO definition of forest94.

Renovation of existing buildings

Description of the activity
Construction and civil engineering works or preparation thereof.
The economic activities in this category could be associated with several NACE codes, inparticular F41 and F43 in accordance with the statistical classification of economic activities
established by Regulation (EC) No 1893/2006.
Technical screening criteria
Substantial contribution to the transition to a circular economy
1. All generated construction and demolition waste is treated in accordance with Union waste
legislation and the full checklist of the EU Construction and Demolition Waste Management
Protocol, in particular by setting sorting systems and pre-demolition audits95. At least 70% (byweight) of the non-hazardous construction and demolition waste generated on the construction
site is prepared for re-use96 or recycling97. This excludes naturally occurring material referred
to in category 17 05 04 in the European List of Waste established by Commission Decision

92

93

94

95

96

97

EN

IUCN, The IUCN European Red List of Threatened Species (version of [adoption date]:
https://www.iucn.org/regions/europe/our-work/biodiversity-conservation/european-red-list-threatenedspecies).
IUCN, The IUCN Red List of Threatened Species (version of [adoption date]:
https://www.iucnredlist.org).
Land spanning more than 0,5 hectares with trees higher than five meters and a canopy cover of morethan 10 %, or trees able to reach those thresholds in situ. It does not include land that is predominantly
under agricultural or urban land use, FAO Global Resources Assessment 2020. Terms and definitions.
(version of [adoption date]: http://www.fao.org/3/I8661EN/i8661en.pdf).
EU Construction & Demolition Waste Management Protocol, Annex F, September 2016:
https://ec.europa.eu/docsroom/documents/20509/ .
‘Preparing for re-use’ means checking, cleaning or repairing recovery operations, by which products orcomponents of products that have become waste are prepared so that they can be re-used without anyother pre-processing. This includes, for instance, the preparation for re-use of certain parts of buildings
like roof elements, windows, doors, bricks, stones or concrete elements. A pre-requisite for the
preparation for re-use of building elements is usually the selective deconstruction of buildings or otherstructures.
‘Recycling’ means any recovery operation by which waste materials are reprocessed into products,
materials or substances whether for the original or other purposes. It includes the reprocessing oforganic material but does not include energy recovery and the reprocessing into materials that are to be
used as fuels or for backfilling operations.

37EN2000/532/EC. The operator of the activity demonstrates compliance with the 70% thresholdby reporting on the Level(s) indicator 2.298 using the Level 2 reporting format for different
waste streams.
2. The life cycle Global Warming Potential (GWP)99 of the building’s renovation works has
been calculated for each stage in the life cycle, from the point of renovation, and is disclosed
to investors and clients on demand.
3. Construction designs and techniques support circularity via the incorporation of concepts
for design for adaptability and deconstruction as outlined in Level(s) indicators 2.3 and 2.4
respectively. The operator of the activity demonstrates compliance with this requirement byreporting on the Level(s) indicators 2.3100 and 2.4101 at Level 2.
4. At least 50% of the original building is retained. This is to be calculated based on the grossfloor area retained from the original building using the applicable national or regional
measurement methodology, alternatively using the definition of ‘floor area’ contained in theInternational Property Measurement Standards102.
5. The use of primary raw material in the renovation of the building is minimised through theuse of secondary raw materials103. The operator of the activity ensures that the three heaviest
material categories that have been newly added to the building in the renovation of thebuilding, measured by mass in kilogrammes comply with the following thresholds regarding
the maximum amount of primary raw material used:(a)for concrete, natural or agglomerated stone a maximum of 85% of the material comefrom primary raw material;

98

See Level(s) indicator 2.2: Construction and demolition waste and materials, User Manual: overview,
guidance and instructions (Publication version 1.1), https://susproc.jrc.ec.europa.eu/productbureau//sites/default/files/2021-01/UM3_Indicator_2.2_v1.1_40pp.pdf. For reporting, the Excel
spreadsheet available on the Commission website is to be used: Construction and Demolition Waste(CDW) and materials excel template: for estimating (Level 2) and recording (Level 3) amounts andtypes of CDW and their final destinations (version 1.1), https://susproc.jrc.ec.europa.eu/productbureau/product-groups/412/documents.
The GWP is communicated as a numeric indicator for each life cycle stage expressed as kgCO2e/m2 (ofuseful internal floor area) averaged for one year of a reference study period of 50 years. The data
selection, scenario definition and calculations are carried out in accordance with EN 15978 (BS EN
15978:2011. Sustainability of construction works. Assessment of environmental performance ofbuildings. Calculation method). The scope of building elements and technical equipment is as definedin the Level(s) common EU framework for indicator 1.2. Where a national calculation tool exists, or isrequired for making disclosures or for obtaining building permits, the respective tool may be used toprovide the required disclosure. Other calculation tools may be used if they fulfil the minimum criteria
laid down by the Level(s) common EU framework, see Level(s) indicator 1.2: Lifecycle Global
Warming Potential (GWP), User manual: introductory briefing, instructions and guidance (Publication
version1.1),
https://susproc.jrc.ec.europa.eu/product-bureau/sites/default/files/202101/UM3_Indicator_1.2_v1.1_37pp.pdf.
See Level(s) indicator 2.3: Design for adaptability and renovation, User manual: introductory briefing,
instruction and guidance (Publication version 1.1), https://susproc.jrc.ec.europa.eu/productbureau//sites/default/files/2021-01/UM3_Indicator_2.3_v1.1_23pp.pdf.
See Level(s) indicator 2.4: Design for deconstruction user manual: introductory briefing, instructions
andguidance(Publication
version1.1),
https://susproc.jrc.ec.europa.eu/productbureau/sites/default/files/202101/UM3_Indicator_2.4_v1.1_18pp.pdf.
International Property Measurement Standards: All Buildings. Published by the International Property
Measurement Standards Coalition (IPMSC), https://ipmsc.org/.
Including recycled or re-used products.

99

100

101

102

103

EN

38

EN

(b)

for brick, tile, ceramic, a maximum of 85% of the material come from primary raw
material;(c)for biobased products, a maximum of 90% of the material come from primary raw
material;(d)for glass, mineral insulation, a maximum of 85% of the material come from primary
raw material;(e)for non-biobased plastic, a maximum of 75% of the material come from primary raw
material;(f)

for metals, a maximum of 65% of the material come from primary raw material;(g)

for gypsum, a maximum of 83% of the material come from primary raw material.

The thresholds are calculated by subtracting the secondary material from the total amount ofeach material used in the works measured by mass in kilogrammes. Where the information on
the recycled content of the construction product is not available, it is to be counted ascomprising 100% primary raw material. Where a construction product is re-used, it is to be
counted as comprising zero primary raw material. Compliance with this criterion isdemonstrated by reporting in accordance with the Level(s) common EU framework forindicator 2.1104.
6. The operator of the activity uses electronic tools to describe the characteristics of thebuilding as built, including the materials and components used, for the purpose of future
maintenance, recovery, and reuse, for example using EN ISO22057:2022 to provide
Environmental Product Declarations105. The information is stored in a digital format and ismade available to the client. In addition, the operator of the activity ensures the long-termpreservation of this information beyond the useful life of the building by using theinformation managing systems provided by national tools, such as cadastre or public register.
Do no significant harm (‘DNSH’)

The building is not dedicated to extraction, storage, transport or(1) Climate change manufacture of fossil fuels.
mitigation(2) Climate change The activity complies with the criteria set out in Appendix A to this
104

105

EN

See Level(s) indicator 2.1: Bill of Quantities, materials and lifespans, User manual: introductory
briefing, instructions and guidance (Publication version 1.1), https://susproc.jrc.ec.europa.eu/productbureau//sites/default/files/2021-01/UM3_Indicator_2.1_v1.1_34pp.pdf. For reporting, the Excel
spreadsheet available on the Commission website is to be used: Bill of Quantities, materials andlifespans excel template: for estimating (Level 2) and recording (Level 3) purchases of material
quantities and costs (version 1.2),
https://susproc.jrc.ec.europa.eu/product-bureau/productgroups/412/documents.
ISO standard 22057:2022, Sustainability in buildings and civil engineering works — Data templates forthe use of environmental product declarations (EPDs) for construction products in building information
modelling (BIM) (version of April 2022), https://www.iso.org/standard/72463.html.

39

ENadaptation

Annex.

(3) Sustainable use
and protection ofwater and marine
resources

Where installed as part of the renovation works, except for renovation
works in residential building units, the specified water use for thefollowing water appliances are attested by product datasheets, abuilding certification or an existing product label in the Union, in
accordance with the technical specifications laid down in Appendix E
to Annex I to Delegated Regulation (EU) 2021/2139:(a)wash hand basin taps and kitchen taps have a maximum waterflow of 6 litres/min;(b)

showers have a maximum water flow of 8 litres/min;(c)WCs, including suites, bowls and flushing cisterns, have a full
flush volume of a maximum of 6 litres and a maximum
average flush volume of 3,5 litres;(d)urinals use a maximum of 2 litres/bowl/hour. Flushing urinals
have a maximum full flush volume of 1 litre.

(5)
Pollution Building components and materials used in the construction comply
prevention
and with the criteria set out in Appendix C to this Annex.
control
Building components and materials used in the construction that may
come into contact with occupiers106 emit less than 0,06 mg offormaldehyde per m³ of test chamber air upon testing in accordancewith the conditions specified in Annex XVII to Regulation (EC) No
1907/2006 and less than 0,001 mg of other categories 1A and 1B
carcinogenic volatile organic compounds per m³ of test chamber air,upon testing in accordance with EN 16516 or ISO 16000-3:2011107 orother equivalent standardised test conditions and determination
methods.
Measures are taken to reduce noise, dust and pollutant emissions during
construction or maintenance works.
(6) Protection and N/Arestorationof
biodiversity
andecosystems

106

107

EN

Applying to paints and varnishes, ceiling tiles, floor coverings (including associated adhesives andsealants), internal insulation and interior surface treatments, such as to treat damp and mould.
ISO 16000-3:2011, Indoor air — Part 3: Determination of formaldehyde and other carbonyl compounds
in indoor air and test chamber air — Active sampling method (version of [adoption date]:
https://www.iso.org/standard/51812.html).

40

EN

3.3.

Demolition and wrecking of buildings and other structures

Description of the activity
The demolition and wrecking of buildings, roads and runways, railways, bridges, tunnels,
waste water treatment works, water treatment works, pipelines, wells and boreholes, powergenerating plants, chemical plants, dams and reservoirs, mines and quarries, offshore
structures, near shore works, ports, waterway works or land formation and reclamation108.
For projects associated with the activities Construction of New Buildings or Renovation ofexisting buildings (see Sections 3.1. and 3.2. of this Annex), where the demolition works andthe construction or renovation works are procured under the same contract, the technicalscreening criteria for the construction or renovation activities apply.
The economic activity does not include the demolition and wrecking of buildings and otherstructures carried out as part of the activity Remediation of contaminated sites and areas (seeSection 2.4. of Annex III).
The economic activities in this category could be associated with NACE code F43 inaccordance with the statistical classification of economic activities established by Regulation(EC) No 1893/2006.
Technical screening criteria
Substantial contribution to the transition to a circular economy

1. Prior to the start of the demolition or wrecking activity, at least the following aspects fromthe Level 1 design concept checklist of the Level(s) indicator 2.2109 checklist are discussed
and agreed upon with the client:(a)definition of key performance indicators and target ambition level;(b)

identification of project-specific constraints that may compromise the target
ambition level (such as time, labour and space) and how to minimise these
constraints;(c)details of the pre-demolition auditing procedure;(d)an outline waste management plan that prioritises selective deconstruction,
decontamination and source separation of waste streams. Where these actions are notprioritised, an explanation is provided to justify why selective deconstruction,
decontamination or source separation of waste streams are not technologically108

See activities listed by the International Cost Management Standard in the ICMS: Global Consistency
in Presenting Construction Life Cycle Costs and Carbon Emissions 3rd edition, Table 1: ICMS Projects
with
their
corresponding
codes,
https://icmscblog.files.wordpress.com/2021/11/icms_3rd_edition_final.pdf
See Level(s) indicator 2.2 : Construction and Demolition waste and materials, User manual:
introductory
briefing,
instructions
andguidance(Publication
version1.1),
https://susproc.jrc.ec.europa.eu/product-bureau//sites/default/files/202101/UM3_Indicator_2.2_v1.1_40pp.pdf

109

EN

41

EN

feasible in the project. Cost or financial considerations are not an acceptable reason
to avoid complying with this requirement.
2. The operator of the activity conducts a pre-demolition audit in line with the EU
Construction and Demolition Waste Management Protocol110.
3. All demolition waste generated during the demolition or wrecking activity is treated inaccordance with Union waste legislation and the full checklist of the EU Construction and
Demolition Waste Protocol111.
4. At least 90 % (by weight) of the non-hazardous demolition waste generated on the
demolition site is prepared for re-use112 or recycling113. This excludes naturally occurring
material referred to in category 17 05 04 in the European List of Waste established byCommission Decision 2000/532/EC. The operator of the activity demonstrates compliancewith the 90% threshold by reporting on the Level(s) indicator 2.2114 using the Level 3
reporting format for different waste streams. Alternatively, at least 95% for mineral115
fraction and 70% for the non-mineral fraction for non-hazardous demolition waste is
110

111

112

113

114

115

EN

Guidelines for the waste audits before demolition and renovation works of buildings. EU Construction
andDemolition
Waste
Management,
May
2018:
https://ec.europa.eu/docsroom/documents/31521/attachments/1/translations/en/renditions/native.
For
reporting the estimates of Level 2 Demolition Waste, the Excel spreadsheet available on theCommission website is to be used: Construction and Demolition Waste (CDW) and materials excel
template: for estimating (Level 2) and recording (Level 3) amounts and types of CDW and their finaldestinations(version
1.1),
https://susproc.jrc.ec.europa.eu/product-bureau/productgroups/412/documents.
Guidelines for the waste audits before demolition and renovation works of buildings. EU Construction
andDemolition
Waste
Management,
May
2018:
https://ec.europa.eu/docsroom/documents/31521/attachments/1/translations/en/renditions/native.
For
reporting the estimates of Level 3 Construction and Demolition Waste, the Excel spreadsheet available
on the Commission website is to be used: Construction and Demolition Waste (CDW) and materials
excel template: for estimating (Level 2) and recording (Level 3) amounts and types of CDW and their
final
destinations(version
1.1),
https://susproc.jrc.ec.europa.eu/product-bureau/productgroups/412/documents. For this, each type of demolition waste is tagged with the appropriate six-digit
code from the European List of Waste established by Commission Decision 2000/532/EC. When
including the type of waste treatment in the Excel spreadsheet (i.e. preparation for reuse, for recycling,material recovery, energy recovery or disposal), evidence is included that the economic operators
receiving the waste has the technical capability to carry out this treatment. Such evidence may consist ina link to the company’s webpages where this is documented or a signed statement from a representativeof the company. Where the treatment takes place on the demolition site, such as onsite reuse or
recycling, acceptable evidence may consist in a signed statement from a representative of the company.
‘Preparing for re-use’ means checking, cleaning or repairing recovery operations, by which products orcomponents of products that have become waste are prepared so that they can be re-used without anyother pre-processing. This includes, for instance, the preparation for re-use of certain parts of buildings
like roof elements, windows, doors, bricks, stones or concrete elements. A pre-requisite for the
preparation for re-use of building elements is usually the selective deconstruction of buildings or otherstructures.
‘Recycling’ means any recovery operation by which waste materials are reprocessed into products,
materials or substances whether for the original or other purposes. It includes the reprocessing oforganic material but does not include energy recovery and the reprocessing into materials that are to be
used as fuels or for backfilling operations.
See Level(s) indicator 2.2: Construction and demolition waste and materials, User Manual: overview,
guidance and instructions (Publication version 1.1), https://susproc.jrc.ec.europa.eu/productbureau//sites/default/files/2021-01/UM3_Indicator_2.2_v1.1_40pp.pdf
See Annex III to Commission Regulation 849/2010 for a categorisation of mineral non-hazardous
construction
anddemolition
waste,
https://eur-lex.europa.eu/legalcontent/EN/TXT/PDF/?uri=CELEX:32010R0849&from=EN

42

ENseparately collected and prepared for reuse or recycled.
Do no significant harm (‘DNSH’)

The building owner or contractor ensures that during renovation,
refurbishing or demolition activities implying the removal of foam
panels40, or laminated boards41 installed in cavities or built up
structures, that contain foams with Fluorinated greenhouse gases,
saturated and unsaturated Hydrofluorocarbons, and Ozone Depleting
Substances, as defined in Regulation (EU) No 517/2014 and inRegulation (EU) No 1005/2009, the emissions are avoided to the extent(1) Climate change possible by handling the foams or the gases contained therein in a way
mitigationthat ensures the reuse or destruction of the foam panels or the gases
contained in the foams. The recovery of the gases contained in thefoams is carried out by appropriately trained personnel.
Where recovery of these foams is not technically feasible, the operator
shall draw up documentation providing evidence for the infeasibility of
the recovery in the specific case. Such documentation is retained forfive years and is made available, on request.

(2) Climate change The activity complies with the criteria set out in Appendix A to thisadaptation
Annex.
(3) Sustainable use
and protection ofwater and marine
resources

The activity complies with the criteria set out in Appendix B to thisAnnex.
The activity does not hamper the achievement of good environmental
status of marine waters or does not deteriorate marine waters that are
already in good environmental status as defined in Article 2, points(21) of Regulation (EU) 2020/852 and in accordance with Directive
2008/56/EC, which requires in particular that the appropriate measures
are taken to prevent or mitigate impacts in relation to the descriptors
laid down in Annex I to that Directive, taking into account theCommission Decision (EU) 2017/8489 in relation to the relevant
criteria and methodological standards for those descriptors.

(5)
Pollution Measures are taken to reduce noise, dust and pollutant emissions
prevention
and during demolition and wrecking works.
control(6) Protection and The activity complies with the criteria set out in Appendix D to thisrestoration
of

EN

43

EN

biodiversity
ecosystems

3.4.

and Annex.

Maintenance of roads and motorways

Description of the activity
Maintenance of streets, roads and motorways, other vehicular and pedestrian ways, surface
work on streets, roads, highways, bridges or tunnels, aerodrome runways, taxiways andaprons, defined as all actions undertaken to maintain and restore the serviceability116 and levelof service of roads117. For bridges and tunnels, the economic activity only includes themaintenance of the road that runs on the bridge or through the tunnel. It does not include themaintenance of the bridge or tunnel itself.
The economic activity includes routine maintenance, which can be scheduled on a periodicalbasis. The economic activity also includes preventive maintenance and rehabilitation which
are defined as works undertaken to preserve or restore serviceability and to extend the service
life118 of an existing road. The maintenance operation is mainly dedicated to pavement
management and concerns only the following main elements of the road: binder course,
surface course and concrete slabs. The roads in the scope of this economic activity are madeof asphalt, concrete or asphalt concrete.
The economic activities in this category could be associated with NACE code F42.11 inaccordance with the statistical classification of economic activities established by Regulation(EC) No 1893/2006.
Technical screening criteria
Substantial contribution to the transition to a circular economy
1. Where main road elements (binder course, surface course or concrete slabs) are demolishedor removed, 100% (by mass in kilogrammes) of the non-hazardous waste generated onsite isprepared for re-use119 or recycling120. This excludes naturally occurring material referred to in

116
117

118

119

120

EN

‘Serviceability’ refers to the conditions under which a built asset is still considered safe to use.
‘Level of service’ refers to a qualitative or quantitative measure to assess the infrastructure’s ability tocater to the traffic demands placed on it.
‘Service life’ refers to the period of use in service, i.e. from the date of construction until the date ofreconstruction or demolition.
‘Preparing for re-use’ means checking, cleaning or repairing recovery operations, by which products orcomponents of products that are prepared so that they can be re-used without any other pre-processing.
This includes, for instance, the preparation for re-use of certain parts of buildings like roof elements,
windows, doors, bricks, stones or concrete elements. A pre-requisite for the preparation for re-use ofbuilding elements is usually the selective deconstruction of buildings or other structures.
‘Recycling’ means any recovery operation by which waste materials are reprocessed into products,
materials or substances whether for the original or other purposes. It includes the reprocessing of44

ENcategory 17 05 04 in the European List of Waste established by Commission Decision
2000/532/EC.
2. Where road elements are newly installed after demolition or removal, at least 50% (by mass
in kilogrammes) of the structural road elements used are re-used or recycled materials.
3. The re-used or recycled materials are not moved over distances greater than 2.5 times the
distance between the construction site and the nearest production facility for equivalent
primary raw materials, to avoid that the use of re-used or recycled materials leads to higher
CO2 emissions than the use of primary raw materials.
4. Where newly installed, the binder course has a service lifetime no shorter than 20 years121.
5. The use of primary raw material for road furniture is minimised through the use of re-usedor recycled products. The operator of the activity ensures that for metals, such as steel
barriers, a maximum of 30% of the material come from primary raw material.
Do no significant harm (‘DNSH’)(1) Climate change A traffic congestion mitigation plan to be implemented during the
mitigation
maintenance works is presented.

(2) Climate change The activity complies with the criteria set out in Appendix A to thisadaptation
Annex.
(3) Sustainable use The activity complies with the criteria set out in Appendix B to thisand protection of Annex.
water and marine
resources(5)
Pollution Measures are taken to reduce noise, dust and pollutant emissions during
prevention
and construction and maintenance works. When choosing road surface
control
types, low noise road surfaces are preferred, in accordance with thecomprehensive criterion B7 ‘minimum requirements for low-noise
pavement design’ of the EU Green Public Procurement Criteria for
Road Design, Construction and Maintenance122.

121

122

EN

organic material but does not include energy recovery and the reprocessing into materials that are to be
used as fuels or for backfilling operations.
Commission Staff Working Document. EU Green Public Procurement Criteria for Road Design,
Construction and Maintenance, 2016, p. 17:
https://ec.europa.eu/environment/gpp/pdf/toolkit/roads/EN.pdf .
Commission Staff Working Document. EU Green Public Procurement Criteria for Road Design,
Construction and Maintenance (SWD(2016) 203), 2016, p.15, column ‘comprehensive criteria’, GPP
criteria Roads (2016) 203.pdf (europa.eu), (version of [adoption date].

45EN(6) Protection and The activity complies with the criteria set out in Appendix D to thisrestorationof Annex.
biodiversity
andecosystems
3.5.

Use of concrete in civil engineering

Description of the activity
Use of concrete for new construction, reconstruction, or maintenance123 of civil engineering
objects, except concrete road surfaces on streets, motorways, highways, other vehicular andpedestrian ways, bridges, tunnels and aerodrome runways, taxiways and aprons that arecovered under the economic activity ‘Maintenance of roads and motorways’ (See Section 4.1.
of this Annex).
An economic activity in this category could be associated with several NACE codes, inparticular F42.12, F42.13, F42.2, F42.9, in accordance with the statistical classification foreconomic activities established by Regulation (EC) No 1893/2006.
Technical screening criteria
Substantial contribution to the transition to a circular economy
1. All generated construction and demolition waste is treated in accordance with Union waste
legislation and the full checklist of the EU Construction and Demolition Waste Management
Protocol, in particular by setting sorting systems124. At least 90 % (by weight) of the nonhazardous construction waste deriving from concrete products is prepared for re-use125 orrecycling126. This excludes naturally occurring material referred to in category 17 05 04 in theEuropean List of Waste established by Commission Decision 2000/532/EC. The operator of
the activity demonstrates compliance with the 90% threshold by reporting on the Level(s)indicator 2.2 using the Level 2 reporting format for different waste streams.
2. Construction designs and techniques support circularity via the incorporation of concepts
for adaptability and deconstruction as outlined in Level(s) indicators 2.3 and 2.4 respectively.
123

124

125

126

EN

‘Maintenance of civil engineering objects’ is defined as all actions undertaken to maintain and restore
the serviceability and level of service of roads.
EU Construction & Demolition Waste Management Protocol, Annex F, September 2016:
https://ec.europa.eu/docsroom/documents/20509/.
‘Preparing for re-use’ means checking, cleaning or repairing recovery operations, by which products orcomponents of products that have become waste are prepared so that they can be re-used without anyother pre-processing. This includes, for instance, the preparation for re-use of certain parts of buildings
like roof elements, windows, doors, bricks, stones or concrete elements. A pre-requisite for the
preparation for re-use of building elements is usually the selective deconstruction of buildings or otherstructures.
‘Recycling’ means any recovery operation by which waste materials are reprocessed into products,
materials or substances whether for the original or other purposes. It includes the reprocessing oforganic material but does not include energy recovery and the reprocessing into materials that are to be
used as fuels or for backfilling operations.

46

ENCompliance with this requirement is demonstrated by reporting on the Level(s) indicators
2.3127 and 2.4128 at Level 2.
3. The use of primary raw material is minimised through the use of recycled products. For
concrete, a maximum of 70% of the material comprises primary raw material. This criterion
applies to in-situ poured concrete, pre-cast products, and all constituent materials, including
any reinforcement.
4. The re-used or recycled materials is not moved over distances greater than 2.5 times the
distance between the construction site and the nearest production facility for equivalent
primary raw materials, to avoid that the use of re-used or recycled materials leads to higher
CO2 emissions than the use of primary raw materials.
5. The operator of the activity uses electronic tools to describe the characteristics of thebuilding as built, including the materials and components used, for the purpose of future
maintenance, recovery, and reuse, for example using EN ISO 22057:2022129 to provide
Environmental Product Declarations130. The information is stored in a digital format and ismade available to the client. In addition, the operator ensures the long-term preservation ofthis information beyond the useful life of the building by using the information managing
systems provided by national tools, such as cadastre or public register.
6. Bridges, tunnels, dikes, and sluices are equipped with monitoring functions to predictmaintenance needs.
Do no significant harm (‘DNSH’)

The built asset is not dedicated to the extraction, storage, transport or
manufacture of fossil fuels.
(1) Climate change The concrete used in this activity includes cement, for which the
mitigation
greenhouse gas emissions131 from the production processes are:
(a)

127

128

129

130

131
132

EN

for grey cement clinker, lower than 0,816132 tCO2e per tonneof grey cement clinker;

See Level(s) indicator 2.3: Design for adaptability and renovation, User manual: introductory briefing,
instruction and guidance (Publication version 1.1), https://susproc.jrc.ec.europa.eu/productbureau//sites/default/files/2021-01/UM3_Indicator_2.3_v1.1_23pp.pdf.
See Level(s) indicator 2.4: Design for deconstruction user manual: introductory briefing, instructions
andguidance(Publication
version1.1),
https://susproc.jrc.ec.europa.eu/productbureau/sites/default/files/2021-01/UM3_Indicator_2.4_v1.1_18pp.pdf.
ISO 22057:2022, Sustainability in buildings and civil engineering works — Data templates for the useof environmental product declarations (EPDs) for construction products in building information
modelling (BIM) https://www.iso.org/standard/72463.html.
ISO standard 22057:2022, Sustainability in buildings and civil engineering works — Data templates forthe use of environmental product declarations (EPDs) for construction products in building information
modelling (BIM) (version of April 2022), https://www.iso.org/standard/72463.html.
Calculated in accordance with Regulation (EU) 2019/331.
Reflecting the median value of the installations in 2016 and 2017 (t CO2 equivalents/t) of the datacollected in the context of establishing the Commission Implementing Regulation (EU) 2021/447,

47

EN

(b)

for cement from grey clinker or alternative hydraulic binder,
lower than 0,530133 tCO2e per tonne of cement or alternative
binder manufactured.

(2) Climate change The activity complies with the criteria set out in Appendix A to thisadaptation
Annex.
(3) Sustainable use The activity complies with the criteria set out in Appendix B to thisand protection of Annex.
water and marine
resources(5)
Pollution Building components and materials used in the construction comply
prevention
and with the criteria set out in Appendix C to this Annex.
control
Building components and materials used in the construction that may
come into contact with occupiers134 emit less than 0,06 mg offormaldehyde per m³ of test chamber air upon testing in accordancewith the conditions specified in Annex XVII to Regulation (EC) No
1907/2006 and less than 0,001 mg of other categories 1A and 1B
carcinogenic volatile organic compounds per m³ of test chamber air,upon testing in accordance with CEN/EN 16516135 or ISO 160003:2011136 or other equivalent standardised test conditions anddetermination methods.137
Where the new construction is located on a potentially contaminatedsite (brownfield site), the site has been subject to an investigation forpotential contaminants, for example by using standard ISO 18400.
Measures are taken to reduce noise, dust and pollutant emissions during
construction works.
Where appropriate, given the sensitivity of the area affected, inparticular in terms of the size of population and fauna affected, noise

133

134

135

136

137

EN

determined on the basis of verified information on the greenhouse gas efficiency of installations
reported pursuant to Article 11 of Directive 2003/87/EC.
Reflecting the median value of the installations in 2016 and 2017 (t CO2 equivalents/t) of the datacollected for grey cement clinker in the context of establishing the Commission Implementing
Regulation (EU) 2021/447, multiplied by the clinker to cement ratio (0.65), determined on the basis ofverified information on the greenhouse gas efficiency of installations reported pursuant to Article 11 of
Directive 2003/87/EC.
Applying to paints and varnishes, ceiling tiles, floor coverings, including associated adhesives andsealants, internal insulation and interior surface treatments, such as those to treat damp and mold.
CEN/TS 16516: 2013, Construction products - Assessment of release of dangerous substances Determination of emissions into indoor air.
ISO 16000-3:2011, Indoor air — Part 3: Determination of formaldehyde and other carbonyl compounds
in indoor air and test chamber air — Active sampling method.
The emissions thresholds for carcinogenic volatile organic compounds relate to a 28-day test period.

48

ENand vibrations from construction, use and maintenance of infrastructure
are mitigated by acoustical planning introducing open trenches, wallbarriers or other appropriate measures in compliance with Directive
2002/49/EC of the European Parliament and of the Council138.
(6) Protection andrestorationof
biodiversity
andecosystems

The activity complies with the criteria set out in Appendix D to thisAnnex.
Where protective areas of fauna and flora are affected, an
Environmental Integration and a Restoration Plan139 is developed andimplemented in order to restore ecosystems across land and sea after
completion of the proper civil engineering measure. For this, measures
are taken, such as sustainable forest management and avoidance of
deforestation, wildlife passages across the construction or nature-based
solutions that protect, sustainably manage, and restore natural or
modified ecosystems, and that address societal challenges effectively.

4.

INFORMATION AND COMMUNICATION

4.1.

Provision of IT/OT data-driven solutions and software

Description of the activity
Manufacturing, development, installation, deployment or maintenance of:(a)software140 and information technology (IT) or operational technology (OT)systems141 , including artificial intelligence (AI) based solutions, such as forautomated machine learning, built for the purpose of remote monitoring andpredictive maintenance, including systems for(i)remotely collecting, processing, transferring, and storing data from equipment,
products or infrastructure during their use or operation;(ii)

analysing the data and generating insights about the operational performanceand condition of the equipment, product or infrastructure;(iii) providing remote maintenance and recommendations about measures required
to avoid operational failure and maintain the equipment / product /
138

139

140
141

EN

Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to theassessment and management of environmental noise - Declaration by the Commission in theConciliation Committee on the Directive relating to the assessment and management of environmental
noise (OJ L 189, 18.7.2002, p. 12).
For activities in third countries, the Kunming-Montreal global biodiversity framework under theConvention on Biological Diversity could be used as an alternative to the Environmental Integration
and Restoration Plan. See: Convention on Biological Diversity, the Kunming-Montreal global
biodiversity framework, 2022, available at: https://www.cbd.int/article/cop15-cbd-press-release-final19dec2022.
‘Software’ includes on-premise and cloud-based software.
‘IT or OT systems’ include connectable products, sensors, analytics and other software, and informationand communication technologies (ICT) for the transmission, storage and display of data and systemmanagement.

49

ENinfrastructure in an optimal operating condition and prolong their useful lifeand reduce resource use and waste;(b)

tracking and tracing software and IT or OT systems built for the purpose ofproviding identification, tracking and tracing of materials, products and assets
through their respective value chains (including digital material and productpassports) with the predominant objective to support the circularity of material flows
and products or other objectives set out in Regulation (EU) 2020/852;(c)lifecycle assessment software supporting the lifecycle assessment and related
reporting for products, equipment or infrastructures;(d)design and engineering software supporting the eco-design of products, equipment,
and infrastructure;(e)supplier management software supporting green procurement of material, products
and services with low environmental impact, but excluding the operation of market
places supporting the trading of such goods;(f)lifecycle performance management software supporting the monitoring andassessment of the circularity performance of products, equipment, or infrastructuresduring their lifecycle.

The economic activities in this category could be associated with several NACE codes, inparticular C26.3, C26.52, C27.12, C27.9, J58.29, J61, J62 and J63.1 in accordance with thestatistical classification of economic activities established by Regulation (EC) No 1893/2006.
An economic activity in this category is an enabling activity in accordance with Article 13(1),point (l), of Regulation (EU) 2020/852 where it complies with the technical screening criteria
set out in this Section.
Technical screening criteria
Substantial contribution to the transition to a circular economy
1. The economic activity provides users and operators with capabilities specified below.
Where these capabilities are part of a broader software or IT/OT offering, only specificsoftware add-ons implementing these capabilities qualify. Where multiple capabilities arelisted under a single bullet point below, all capabilities are to be met for the system orsoftware to qualify.
2. For remote monitoring and predictive maintenance systems, the following capabilities
qualify:EN(a)capturing sensor data from sensors (such as power, temperature, vibration, video,
sound, viscosity) built into a product, equipment, or infrastructure; collecting andtransmitting such data to a data repository (edge or cloud) for the purpose of data
analysis; alerting the user to abnormal sensor values, and assessing the status of the
product, equipment, or infrastructure, detecting wear and tear or electrical issues, ordrawing conclusions about the exact nature of abnormal operating conditions bymeans of advanced analytical methods;(b)predicting the expected remaining lifetime of a product, equipment, or infrastructure,

50

ENand recommending measures to extend the remaining lifetime;(c)predicting an upcoming product, equipment or infrastructure failure andrecommending measures to prevent such failure;(d)providing recommendations about the highest value next use cycle, such as reuse,recovering components through parts harvesting for remanufacture, or recycling,taking into consideration a combination of factors regarding the product’s condition.

IT/OT systems aimed at (i) monitoring for the replacement of consumables 142, such as printerink, (ii) remote monitoring and remote maintenance of power generation plants that are more
greenhouse gas intensive than 100 gCO2e/kWh, or (iii) monitoring and remote managementof any type of fossil fuel engine do not qualify.
3. For tracking and tracing software and IT/OT systems, the following capabilities qualify:(a)providing identification, tracking and tracing of materials, products and assets
through value chains in order to make accessible structured data (such as material
content, substances, environmental information) required for lifecycle assessments ormaterial declarations according to relevant standards, such as Commission
Recommendation 2021/2279, ISO 14067143 or ISO 14040144, and sharing of suchdata with value chain partners, consumers, and other economic actors in compliancewith relevant standards regarding data modelling, interoperability, data privacy anddata security;(b)provisioning and sharing of documents and data directly supporting the repair andmaintenance of products and equipment, such as repair instruction, test equipment,
wiring and connection diagrams, diagnostic fault and error codes, disassembly
instructions;(c)supporting reverse logistics, including the take-back of products for remanufacturing,refurbishment or recycling, by managing steps and transactions in the take-backprocess, such as pick-up order placement, tracking of sales transaction data,
decomposition of product into materials to be re-injected into circular material flows,
and by optimising decisions to prevent downcycling and maximise resource
recovery. Digital product passports meeting the minimum requirements in Union law
are not considered as taxonomy aligned;(d)supporting optimisation and intensification of the use of products, through circularbusiness models such as providing products as a service or peer-to-peer sharing.

142‘Consumables’ are non-durable commodities that are intended to be used, depleted or replaced. They
may be required for the functioning of a consumer product, or be used in fabrication, without being
incorporated into the finished product.
ISO standard 14067: Greenhouse gases — Carbon footprint of products — Requirements andguidelines for quantification (version of [adoption date]: https://www.iso.org/standard/71206.html.
ISO standard 14040: Environmental management — Life cycle assessment — Principles andframework.

143

144

EN

51

EN

4. For lifecycle assessment software, the following capabilities qualify:(a)supporting the life cycle assessment of products, equipment or infrastructure with
software-implemented methods and algorithms according to relevant standards suchas Commission Recommendation (EU) 2021/2279, ISO 14067145 or ISO 14040146;(b)providing data required for lifecycle analysis, such as standard carbon emission
values and other environmental impacts for frequently used products and materials or
production steps;(c)providing recommendations for improving the design of a product, equipment, or
infrastructure so as to minimize their material and carbon footprint.

5. For design and engineering software, the following capabilities qualify:(a)supporting users to formulate, document and manage product-specific circularity andother environmental design goals and requirements, such as design-forremanufacturability, design-for-serviceability, minimal environmental impact fromusing or operating the product, minimal waste during production or construction andtailored production to eliminate over-specification and reduce material inputs;(b)

supporting users to explore product designs for the purpose of assessing andoptimizing product designs against specified circular or other environmental
objectives, or finding the best trade-off between conflicting design goals, such as
robustness vs. material use, greener material vs. costing or installing schedule or costof downstream reuse and recycling systems;(c)validating a design through analysis and simulation against specified circularity andother environmental design goals and requirements;(d)

supporting the computer-aided product design process – including mechanical,
electrical, electronic or recipe design – with data and information about the impact ofdesign and construction decisions on circularity and environmental performance;(e)supporting the selection of materials and components with a low environmental
impact through the provision of data about market-available materials andcomponents and their cost;(f)tracking the composition of a product over its life cycle with the predominant
objective to manage its global level of circularity.

6. For supplier management software, the following capabilities qualify:(a)providing the user with information about suppliers and supplies of circular products,
immediate products, components and materials that are designed for closed loop
systems, reuse, remanufacturing or repurposing. The information provided exceeds
the minimum information requirements in existing Union law147;(b)

supporting the management and tracking suppliers’ compliance with standards and145

ISO standard 14067: Greenhouse gases — Carbon footprint of products — Requirements andguidelines for quantification (version of [adoption date]: https://www.iso.org/standard/71206.html.
ISO standard 14040: Environmental management — Life cycle assessment — Principles andframework.
Minimum information include energy labelling, information under the scope of Regulation (EC) No
1272/2008 or the Substances of Concern In articles as such or in complex objects (Products) establishedunder Directive 2008/98/EC, safety information or warranty.

146

147

EN

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certifications related to the provision of such materials, products, and components;(c)

supporting the exchange with suppliers of data required to verify the environmental
performance of supplied materials, products, and components;(d)

supporting the trading and matchmaking between suppliers and purchasers ofcircular, eco-designed or otherwise eco-friendly products, materials, andcomponents;(e)

supporting reverse logistics.

7. For lifecycle performance management software, the following capabilities qualify:(a)supporting the monitoring and assessment of the circularity performance148 of a
product, equipment or infrastructure during its lifecycle over time;(b)comparing circularity performance against original circularity design goals,
analysing deviations and their root causes;(c)

supporting the planning and documentation of measures required to prolong theuseful life of the product, equipment or infrastructure, such as maintenance, retrofit,
or other services;(d)

supporting the impact assessment of such measures on circularity performance;(e)providing the user with data required to take decisions on the future use of the
product, equipment, or infrastructure, such as retrofit, change of use,
decommissioning and recycling.

8. All IT/OT data-driven solutions should meet the following criteria:(a)a waste management plan is in place and ensures maximal recycling at end of life ofelectrical and electronic equipment, including through contractual agreements withrecycling partners, reflection in financial projections or official project
documentation;(b)

at its end of life, the equipment undergoes preparation for re-use, recovery or
recycling operations, or proper treatment, including the removal of all fluids and aselective treatment in accordance with Annex VII to Directive 2012/19/EU.

Do no significant harm (‘DNSH’)(1) Climate change
N/A
mitigation(2) Climate change The activity complies with the criteria set out in Appendix A to this

148

EN

‘Circularity performance’ is to be assessed on the basis of: i) product durability, reliability, reusability,
upgradability, reparability, ease of maintenance and refurbishment; ii) presence of substances that
inhibit the circularity of products and materials; iii) energy use or energy efficiency of products; iv)
resource use or resource efficiency of products; v) recycled content in products; vi) ease of disassembly,
remanufacturing and recycling of products and materials; vii) life-cycle environmental impact of
products, including their carbon and environmental footprints; viii) preventing and reducing waste,
including packaging waste.

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ENadaptation

Annex.

(3) Sustainable use The activity complies with the criteria set out in Appendix B to thisand protection of Annex.
water and marine
resources(5)
Pollution The equipment used to operate the software meets the requirements laid
prevention
and down in Directive 2009/125/EC for servers and data storage products.
control
The equipment used does not contain the restricted substances listed in
Annex II to Directive 2011/65/EU, except where the concentration
values by weight in homogeneous materials do not exceed the
maximum values listed in that Annex.
(6) Protection and N/Arestorationof
biodiversity
andecosystems

5.

SERVICES

5.1.

Repair, refurbishment and remanufacturing

Description of the activity
Repair149, refurbishment150 and remanufacturing151 of goods that have been used for theirintended purpose before by a customer (physical person or legal person).
The economic activity does not include replacement of consumables152, such as printer ink,
toner cartridges, lubricants for moving parts or batteries.
The economic activity relates to products that are manufactured by economic activities
classified under the NACE codes C13 Manufacture of textiles, C14 Manufacture of wearing
apparel, C15 Manufacture of leather and related products, C16 Manufacture of wood and of

149

150

151

152

EN

‘Repair’ means the process of returning a faulty product to a condition where it can fulfil its intended
use, either as a service or with a view to the subsequent resale of the repaired product.
‘Refurbishment’ means testing and where necessary repairing, cleaning or modifying a used product toincrease or restore its performance or functionality or to meet applicable technical standards orregulatory requirements, with the result of making a fully functional product to be used for a purposethat is at least the one that was originally intended and to maintain its compliance with applicabletechnical standards or regulatory requirements originally conceived at the design stage.
‘Remanufacturing’ means a standardised industrial process that takes place within industrial or factory
settings, in which products are restored to original as-new condition and performance or better, typicallyplaced on the market with a commercial guarantee.
Goods, components or materials that must be replaced regularly because they either wear out or areused up.

54

ENproducts of wood and cork, except furniture; manufacture of articles of straw and plaiting
materials, C22 Manufacture of rubber and plastic products, C23.3 Manufacture of clay
building materials, C23.4 Manufacture of other porcelain and ceramic products, C25.1
Manufacture of structural metal products, C25.2 Manufacture of tanks, reservoirs andcontainers of metal, C25.7 Manufacture of cutlery, tools and general hardware, C25.9
Manufacture of other fabricated metal products, C26 Manufacture of computer, electronic andoptical products, C27 Manufacture of electrical equipment, C28.22 Manufacture of lifting andhandling equipment, C28.23 Manufacture of office machinery and equipment (except
computers and peripheral equipment), C28.24 Manufacture of power-driven hand tools,
C28.25 Manufacture of non-domestic cooling and ventilation equipment, C28.93 Manufactureof machinery for food, beverage and tobacco processing, excluding machinery for tobacco
processing, C28.94 Manufacture of machinery for textile, apparel and leather production,
C28.95 Manufacture of machinery for paper and paperboard production, C28.96 Manufactureof plastic and rubber machinery, C31 Manufacture of furniture and C32 Other manufacturing.
The economic activities in this category have no dedicated NACE codes as referred to in thestatistical classification of economic activities established by Regulation (EC) No 1893/2006.
Technical screening criteria
Substantial contribution to the transition to a circular economy
1. The economic activity consists of extending the lifetime of products by repairing,refurbishing or remanufacturing products that have already been used for their intended
purpose by a customer (physical person or legal person).
2. The economic activity complies with the following criteria:(a)the replaced parts, the refurbished products or the remanufactured products arecovered by a sales contract where relevant and in accordance with provisions as
regards conformity of the product, liability of the seller153 (including the option of ashorter liability or limitation period for second hand products), burden of proof,
remedies for lack of conformity, the modalities for the exercise of those remedies,repair or replacement of the goods, and commercial guarantees;(b)

the economic activity implements a waste management plan that ensures that the
product’s materials, particularly critical raw materials, and components that have notbeen reused in the same product are reused elsewhere, or, where reuse is not possible(due to damage, degradation or hazardous substances), are recycled, or, only wherereuse and recycling is not viable, are disposed of in accordance with applicable
Union and national legislation. For remanufacturing, the waste management plan isaccessible to the public.

Do no significant harm (‘DNSH’)

153

EN

The conformity of the product and the period of liability of the seller are set in accordance with therelevant provisions of Directive (EU) 2019/771.

55

EN

Where the activity involves on-site generation of heat/cool or co(1) Climate change
generation including power, the direct GHG emissions of the activity
mitigation
are lower than 270 gCO2e/kWh.

(2) Climate change The activity complies with the criteria set out in Appendix A to thisadaptation
Annex.
(3) Sustainable use
The activity complies with the criteria set out in Appendix B to thisand protection ofAnnex.
water and marine
resources(5)
Pollution The activity complies with the criteria set out in Appendix C to thisprevention
and Annex.
control
Spare parts installed through repair, refurbishment or remanufacturing
comply with all relevant Union rules on the restriction of the use ofhazardous substances, of generic nature or with specific relevance tothat product category, such as Regulation (EC) No 1907/2006,
Directive 2011/65/EU, and Directive (EU) 2017/2102 of the European
Parliament and of the Council154.
For repair or refurbishment activities, those requirements do not apply
to the original components that have been retained in the product.
For installations falling within the scope of Directive 2010/75/EU of
the European Parliament and of the Council155, emissions are within or
lower than the emission levels associated with the best available
techniques (BAT-AEL) ranges set out in the latest relevant best
available techniques (BAT) conclusions and ensures at the same timethat no significant cross-media effects occur.
(6) Protection and N/Arestorationof
biodiversity
andecosystems

154

155

EN

Directive (EU) 2017/2102 of the European Parliament and of the Council of 15 November 2017
amending Directive 2011/65/EU on the restriction of the use of certain hazardous substances inelectrical and electronic equipment (OJ L 305, 21.11.2017, p. 8).
Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 onindustrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17).

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5.2.

Sale of spare parts

Description of the activity
Sale of spare parts156.
The economic activity does not include replacement of consumables, such as printer ink, tonercartridges, lubricants for moving parts or batteries and maintenance.
The economic activity relates to spare parts that are used in products manufactured byeconomic activities classified under the NACE codes C26 Manufacture of computer,electronic and optical products, C27 Manufacture of electrical equipment, C28.22
Manufacture of lifting and handling equipment, C28.23 Manufacture of office machinery andequipment (except computers and peripheral equipment), C28.24 Manufacture of powerdriven hand tools and C31 Manufacture of furniture.
The economic activities in this category have no dedicated NACE code as referred to in thestatistical classification of economic activities established by Regulation (EC) No 1893/2006.
Technical screening criteria
Substantial contribution to the transition to a circular economy
1. The economic activity consists of the sale of spare parts beyond legal obligations.
2. The economic activity complies with the following criteria:(a)each sold spare part is covered by a sales contract where relevant and in accordancewith provisions as regards conformity of the product, liability of the seller157(including the option of a shorter liability or limitation period for second handproducts), burden of proof, remedies for lack of conformity, the modalities for the
exercise of those remedies, repair or replacement of the goods, and commercial
guarantees;(b)each sold spare part for a product replaces, or intends to replace in the future, anexisting part in order to restore or upgrade the product’s functionality, in particular incase where the existing part is broken.

3. Where the economic activity involves delivery of packaged products to customers (physicalperson or legal person) including when the activity is operated as an e-commerce158, theprimary and secondary packaging of the product complies with one of the following criteria:

156

157

158

EN

‘Spare part’ means a separate part of a product that can replace a part of a product with the same orsimilar function. The product cannot function as intended without that part of the product. The
functionality of a product is restored or is upgraded when the part is replaced by a spare part in line with
Directive 2011/65/EU. Spare parts may be used parts.
The conformity of the product and the period of liability of the seller are set in accordance with therelevant provisions of Directive (EU) 2019/771.
‘E-commerce’ can be defined generally as the sale or purchase of goods or services, whether between
businesses, households, individuals or private organizations, through electronic transactions conducted
via the internet or other computer-mediated (online communication) networks, see Eurostat Statistics

57

EN

(a)

the packaging is made of at least 65% recycled material. Where the packaging is
made from paper or cardboard, the remaining primary raw material are certified by
the Forest Stewardship Council (FSC), the Programme for the Endorsement of Forest
Certification Schemes (PEFC International), or equivalent recognised schemes.
Coatings with plastics or metals are not used. For plastic packaging only monomaterials without coatings are used, halogen-containing polymers are not used. A
declaration of compliance is provided specifying the material composition of the
packaging and the shares of recycled and primary raw material;(b)

the packaging has been designed to be reusable within a reuse system159. The system
for reuse is established in a way that ensures the possibility of reuse in closed-loop or
open-loop system and is consistent with requirements for such system specified
under point 1.a of the criteria for manufacture of plastic packaging goods set in
Section 1.1. of this Annex.

Do no significant harm (‘DNSH’)

Where the activity involves on-site generation of heat/cool or cogeneration including power, the direct GHG emissions of the activity(1) Climate change are lower than 270 gCO2e/kWh.
mitigation
The activity develops a strategy to account for and reduce the GHG
emissions arising from transport along the value chain, including
shipping and returns, to the extent these are traceable.

(2) Climate change The activity complies with the criteria set out in Appendix A to thisadaptation
Annex.
(3) Sustainable use
The activity complies with the criteria set out in Appendix B to thisand protection ofAnnex.
water and marine
resources(5)
Pollution The activity complies with the criteria set out in Appendix C to thisprevention
and Annex.
control
Sold spare parts comply with all relevant EU rules on the restriction of
the use of hazardous substances, of generic nature or with specific

159

EN

Explained
Glossary,
availableathttps://ec.europa.eu/eurostat/statisticsexplained/index.php?title=Category:Glossary.
‘Reusable’ and ‘reuse system’ are defined and implemented in accordance with applicable European
law and standards including any standards related to the number of rotations in a system for reuse.

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ENrelevance to that product category, such as Regulation (EC) No
1907/2006, Directive 2011/65/EU, and Directive (EU) 2017/2102.
(6) Protection and N/Arestorationof
biodiversity
andecosystems
5.3.

Preparation for re-use of end-of-life products and product components

Description of the activity
Preparation for re-use of products and components at the end of life160.
The economic activity does not include repair activities, which are performed during the
product’s use stage.
The economic activity relates to products and their components manufactured by economic
activities classified under the NACE codes C13 Manufacture of textiles, C14 Manufacture ofwearing apparel, C15 Manufacture of leather and related products, C16 Manufacture of woodand of products of wood and cork, except furniture; manufacture of articles of straw andplaiting materials, C18 Printing and reproduction of recorded media, C22 Manufacture of
rubber and plastic products, C23.3 Manufacture of clay building materials, C23.4
Manufacture of other porcelain and ceramic products, C25.1 Manufacture of structural metal
products, C25.2 Manufacture of tanks, reservoirs and containers of metal, C25.7 Manufactureof cutlery, tools and general hardware, C25.9 Manufacture of other fabricated metal products,
C26 Manufacture of computer, electronic and optical products, C27 Manufacture of electricalequipment, C28.22 Manufacture of lifting and handling equipment, C28.23 Manufacture of
office machinery and equipment (except computers and peripheral equipment), C28.24
Manufacture of power-driven hand tools, C28.25 Manufacture of non-domestic cooling andventilation equipment, C28.93 Manufacture of machinery for food, beverage and tobacco
processing, excluding machinery for tobacco processing, C28.94 Manufacture of machinery
for textile, apparel and leather production , C28.95 Manufacture of machinery for paper andpaperboard production, C28.96 Manufacture of plastic and rubber machinery, C29
Manufacture of motor vehicles, trailers and semi-trailers, C30.1 Building of ships and boats,C30.2 Manufacture of railway locomotives and rolling stock, C30.3 Manufacture of air andspacecraft and related machinery, C30.9 Manufacture of transport equipment n.e.c., C31
Manufacture of furniture and C32 Other manufacturing.
The economic activities in this category have no dedicated NACE code as referred to in thestatistical classification of economic activities established by Regulation (EC) No 1893/2006.

160

EN

Preparing for re-use is an operation or set of operations by which products or components of productsthat have become waste are prepared so that they can be re-used without any other pre-processing. It is
the highest waste treatment option on the waste hierarchy (after waste prevention).

59

ENTechnical screening criteria
Substantial contribution to the transition to a circular economy
1. The activity prepares for re-use products or components of products that have become
waste so that they can be re-used without any other pre-processing.
2. The activity’s waste feedstock originates from separately collected and transported waste insource segregated or comingled fractions161.
3. The activity has implemented acceptance, safety and inspection procedures that comply
with the following criteria:(a)a procedure is in place to check the suitability for preparing for re-use or recycling,
and that the activity implements a publicly available waste management plan, which
ensures that discarded end-of-life products not suitable for preparing for re-use (dueto damage, degradation or hazardous substances) are sent for recycling or, only
where reuse and recycling is not viable, disposed of;(b)the procedure which can be based on visual or manual external inspection against
pre-determined criteria is suited to the category of discarded end-of-life products,
which are prepared for re-use;(c)proper training is provided and ensures that the re-use operators are qualified for the
preparing for re-use activities of the discarded end-of-life products at stake.

4. The activity uses the tools and equipment suited for the preparation for re-use of discarded
end-of-life products.
5. The activity has a system to report recovery rate and, where applicable, targets for
preparing for re-use or recycling set out by Union or national legislation.
6. The activity complies with the following criteria:(a)the output of the activity are products or components of products which are suitable
for re-use without any other processing;(b)

sold goods are covered by a sales contract where relevant and in accordance with
provisions as regards conformity of the product, liability of the seller162 (including
the option of a shorter liability or limitation period for second hand products), burdenof proof, remedies for lack of conformity, the modalities for the exercise of those
remedies, repair or replacement of the goods, and commercial guarantees.

7. For the preparation for re-use of Waste from Electrical and Electronic Equipment (WEEE),

161

162

EN

In the Union, the activity is in line with Article 10(3) of 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), or sectoral Union legislation related to waste and the national legislation andwaste management plans.
The conformity of the product and the period of liability of the seller are set in accordance with therelevant provisions of Directive (EU) 2019/771.

60

ENthe economic activity is permitted to treat waste and implements an environmental
management system using ISO 14001:2015163, the EU Eco-Management and Audit Scheme(EMAS) in accordance with Regulation (EC) 1221/2009 of the European Parliament and of
the Council164 or equivalent and a Quality management system using ISO 9001:2015165.
Do no significant harm (‘DNSH’)

Where the activity involves on-site generation of heat/cool or co(1) Climate change
generation including power, the direct GHG emissions of the activity
mitigation
are lower than 270 gCO2e/kWh.

(2) Climate change The activity complies with the criteria set out in Appendix A to thisadaptation
Annex.
(3) Sustainable use
The activity complies with the criteria set out in Appendix B to thisand protection ofAnnex.
water and marine
resources(5)
Pollution The activity complies with the criteria set out in Appendix C to thisprevention
and Annex.
control
The activity implements safety procedures required to protect the healthand safety of workers carrying out preparing for re-use operations.
(6) Protection and N/Arestorationof
biodiversity
andecosystems

163

164

165

EN

ISO 14001:2015, Environmental management systems — Requirements with guidance for use,
available at: https://www.iso.org/standard/60857.html.
Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009
on the voluntary participation by organisations in a Community eco-management and audit scheme(EMAS), repealing Regulation (EC) No 761/2001 and Commission Decisions 2001/681/EC and2006/193/EC (OJ L 342, 22.12.2009, p. 1).
ISO
9001:2015,
Quality
management
systems—
Requirements,
availableat:https://www.iso.org/standard/62085.html.

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5.4.

Sale of second-hand goods

Description of the activity
Sale of second-hand goods that have been used for their intended purpose before by acustomer (physical person or legal person), possibly after repair, refurbishment or
remanufacturing.
The economic activity relates to products manufactured by economic activities classified
under the NACE codes C13 Manufacture of textiles, C14 Manufacture of wearing apparel,
C15 Manufacture of leather and related products, C16 Manufacture of wood and of productsof wood and cork, except furniture; manufacture of articles of straw and plaiting materials,
C18 Printing and reproduction of recorded media, C22 Manufacture of rubber and plastic
products, C23.3 Manufacture of clay building materials, C23.4 Manufacture of otherporcelain and ceramic products, C25.1 Manufacture of structural metal products, C25.2
Manufacture of tanks, reservoirs and containers of metal, C25.7 Manufacture of cutlery, tools
and general hardware, C25.9 Manufacture of other fabricated metal products, C26
Manufacture of computer, electronic and optical products, C27 Manufacture of electricalequipment, C28.22 Manufacture of lifting and handling equipment, C28.23 Manufacture of
office machinery and equipment (except computers and peripheral equipment), C28.24
Manufacture of power-driven hand tools, C28.25 Manufacture of non-domestic cooling andventilation equipment, C28.93 Manufacture of machinery for food, beverage and tobacco
processing, excluding machinery for tobacco processing, C28.94 Manufacture of machinery
for textile, apparel and leather production, C28.95 Manufacture of machinery for paper andpaperboard production, C28.96 Manufacture of plastic and rubber machinery, C29
Manufacture of motor vehicles, trailers and semi-trailers, C31 Manufacture of furniture, C32
Other manufacturing.
The economic activities in this category could be associated with several NACE codes, inparticular G46 and G47 in accordance with the statistical classification of economic activities
established by Regulation (EC) No 1893/2006.
Technical screening criteria
Substantial contribution to the transition to a circular economy
1. The economic activity consists of selling a second-hand product that had been used for its
intended purpose by a customer (physical person or legal person), potentially after its priorcleaning, repair, refurbishment or remanufacturing.
2. The sold product is covered by a sales contract where relevant and in accordance with
provisions as regards conformity of the product, liability of the seller166 (including the optionof a shorter liability or limitation period for second hand products), burden of proof, remedies

166

EN

The conformity of the product and the period of liability of the seller are set in accordance with therelevant provisions of Directive (EU) 2019/771.

62

EN

for lack of conformity, the modalities for the exercise of those remedies, repair or replacementof the goods, and commercial guarantees.
3. Where the product has been repaired, refurbished or remanufactured before reselling, theactivity implements a waste management plan that ensures that the product’s materials andcomponents that have not been reused in the same product, are reused elsewhere, or wherereuse is not possible (for example due to damage, degradation or hazardous substances), arerecycled, or, only where reuse and recycling are not viable, are disposed of. For
remanufacturing, the waste management plan is accessible to the public.
4. Where the economic activity involves delivery of packaged products to customers (physicalperson or legal person) including when the activity is operated as an e-commerce167, theprimary and secondary packaging of the product complies with one of the following criteria:(a)the packaging is made of at least 65% recycled material. Where the packaging is
made from paper or cardboard, the remaining primary raw material are certified by
the Forest Stewardship Council (FSC), the Programme for the Endorsement of Forest
Certification Schemes (PEFC International), or equivalent recognised schemes.
Coatings with plastics or metals are not used. For plastic packaging only monomaterials without coatings are used, halogen-containing polymers are not used. A
declaration of compliance is provided specifying the material composition of the
packaging and the shares of recycled and primary raw material;(b)

the packaging has been designed to be reusable within a reuse system168. The system
for reuse is established in a way that ensures the possibility of reuse in closed-loop or
open-loop system and is consistent with requirements for such system specified
under point 1.a of the criteria for manufacture of plastic packaging goods set in
Section 1.1. of this Annex.

Do no significant harm (‘DNSH’)

Where the activity involves on-site generation of heat/cool or cogeneration including power, the direct GHG emissions of the activity
are lower than 270 gCO2e/kWh.
(1) Climate change
The activity develops a strategy to account for and reduce the GHG
mitigation
emissions arising from transport along the value chain, including
shipping and returns, to the extent these are traceable.
Where the sold product is initially produced by the activities classified

167

168

EN

‘E-commerce’ can be defined generally as the sale or purchase of goods or services, whether between
businesses, households, individuals or private organizations, through electronic transactions conducted
via the internet or other computer-mediated (online communication) networks, see Eurostat Statistics
Explained
Glossary,
availableathttps://ec.europa.eu/eurostat/statisticsexplained/index.php?title=Category:Glossary.
‘Reusable’ and ‘reuse system’ are defined and implemented in accordance with applicable European
law and standards including any standards related to the number of rotations in a system for reuse.

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ENunder NACE codes C29, and is a vehicle, mobility component, system,
separate technical unit, part or a spare part as defined in Regulation(EU) 2018/858, when sold in the secondary market after 2025 andbefore 2030 the following criteria apply:(a)vehicles of category M1 and N1 classified as light-duty
vehicles should comply with specific emissions of CO2, as
defined in Article 3(1), point (h), of Regulation (EU) 2019/631
of the European Parliament and of the Council169 lower than
50gCO2/km (low- and zero-emission light-duty vehicles);(b)vehicles of category L(82) with tailpipe CO2 emissions equal
to 0g CO2e/km calculated in accordance with the emission test
laid down in Regulation (EU) 168/2013 of the European
Parliament and of the Council(83);(c)

vehicles of categories N2 and N3, and N1 classified as heavyduty vehicles, not dedicated to transporting fossil fuels with atechnically permissible maximum laden mass not exceeding
7,5 tonnes that are ‘zero-emission heavy-duty vehicles’ as
defined in Article 3, point (11), of Regulation (EU) 2019/1242;(d)vehicles of categories N2 and N3 not dedicated to transporting
fossil fuels with a technically permissible maximum laden
mass exceeding 7,5 tonnes that are zero-emission heavy-duty
vehicles’, as defined in Article 3, point (11), of Regulation(EU) 2019/1242 or ‘low-emission heavy-duty vehicles’ as
defined in Article 3, point (12) of that Regulation.

Where the product, initially produced by the activities classified under
NACE codes C29, and being a vehicle, mobility component, system,
separate technical unit, part or a spare part as defined in Regulation(EU) 2018/858, is sold in the secondary market after 2030 specificemissions of CO2, as defined in Article 3(1), point (h), of Regulation(EU) 2019/631 are zero.
Where product sold is initially produced by the activities classified
under NACE codes C26 or C27, the product complies with Directive
2009/125/EC and the implementing regulations adopted under that
Directive.

(2) Climate change The activity complies with the criteria set out in Appendix A to thisadaptation
Annex.

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Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO2
emission performance standards for new passenger cars and for new light commercial vehicles, andrepealing Regulations (EC) No 443/2009 and (EU) No 510/2011 (recast) (OJ L 111, 25.4.2019, p. 13).

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EN(3) Sustainable use
The activity complies with the criteria set out in Appendix B to thisand protection ofAnnex.
water and marine
resources(5)
Pollution The activity complies with the criteria set out in Appendix C to thisprevention
and Annex.
control
Where the sold product is initially produced by the activities classified
under NACE codes C29, and is a vehicle, mobility component, system,
separate technical unit, part or a spare part as defined in Regulation(EU) 2018/858, it complies with the requirements of the most recent
applicable stage of the Euro VI heavy duty emission type approval set
out in accordance with Regulation (EC) No 595/2009 or with therequirements of the most recent applicable stage of the Euro 6 lightduty emission type-approval set out in accordance with Regulation(EC) No. 715/2007 or their successors. For road vehicles of categories
M and N, tyres comply with external rolling noise requirements in thehighest populated class and with Rolling Resistance Coefficient(influencing the vehicle energy efficiency) in the two highest populatedclasses as set out in Regulation (EU) 2020/740 of the European
Parliament and of the Council and as can be verified from the European
Product Registry for Energy Labelling (EPREL). Tyres comply withsuccessors of Regulation (EC) No. 715/2007 and Regulation (EC) No
595/2009.
(6) Protection and N/Arestorationof
biodiversity
andecosystems
5.5.

Product-as-a-service and other circular use- and result-oriented service models

Description of the activity
Providing customers (physical person or legal person) with access to products through service
models, which are either use-oriented services, where the product is still central, but its
ownership remains with the provider and the product is leased, shared, rented or pooled; or
result-oriented, where the payment is pre-defined and the agreed result (i.e. pay per serviceunit) is delivered.
The economic activity covers products that are manufactured by economic activities classified
under the NACE codes C13 Manufacture of textiles, C14 Manufacture of wearing apparel,
C15 Manufacture of leather and related products, C16 Manufacture of wood and of productsof wood and cork, except furniture; manufacture of articles of straw and plaiting materials,

EN

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C22 Manufacture of rubber and plastic products, C23.3 Manufacture of clay building
materials, C23.4 Manufacture of other porcelain and ceramic products, C25.1 Manufacture ofstructural metal products, C25.2 Manufacture of tanks, reservoirs and containers of metal,
C25.7 Manufacture of cutlery, tools and general hardware, C25.9 Manufacture of otherfabricated metal products, C26 Manufacture of computer, electronic and optical products, C27
Manufacture of electrical equipment, C28.22 Manufacture of lifting and handling equipment,
C28.23 Manufacture of office machinery and equipment (except computers and peripheral
equipment), C28.24 Manufacture of power-driven hand tools, C28.25 Manufacture of nondomestic cooling and ventilation equipment, C28.93 Manufacture of machinery for food,beverage and tobacco processing, excluding machinery for tobacco processing, C28.94
Manufacture of machinery for textile, apparel and leather production, C28.95 Manufacture ofmachinery for paper and paperboard production, C28.96 Manufacture of plastic and rubbermachinery, C31 Manufacture of furniture and C32 Other manufacturing.
The economic activities in this category could be associated with NACE code N.77 inaccordance with the statistical classification of economic activities established by Regulation(EC) No 1893/2006.
Technical screening criteria
Substantial contribution to the transition to a circular economy
1. The activity provides the customer (physical or legal persons) with access to, and use of
product(s), while ensuring that the ownership remains with the company providing thisservice, such as a manufacturer, specialist or retailer. The contractual terms and conditions
ensure that all the following sub-criteria are met:(a)there is an obligation for the provider of the service to take back the used product at
the end of the contractual agreement;(b)there is an obligation for the customer to give back the used product at the end of thecontractual agreement;(c)the provider of the service remains owner of the product;(d)the customer pays for access to and use of the product, or the result of access to anduse of this product.

2. The activity leads to an extended lifespan or increased use intensity of the product inpractice. The product offered through this activity complies with one of the following criteria:

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(a)

a lifespan of at least twice the Union average for that product category, accounting
for differences between Business to Business (B2B) and Business to Customers(B2C) contexts, under the condition of an average use intensity;(b)a use intensity of at least twice the Union average for that product category,accounting for differences between B2B and B2C contexts, under the condition of an
average lifespan;(c)a combination of extended lifespan and increased use intensity, so that ‘lifespantimes use intensity’ is at least twice the Union average, accounting for differences

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4. Where the economic activity involves delivery of packaged products to customers (physicalperson or legal person) including when the activity is operated as an e-commerce170, theprimary and secondary packaging of the product complies with one of the following criteria:(a)the packaging is made of at least 65% recycled material. Where the packaging is
made from paper or cardboard, the remaining primary raw material are certified by
the Forest Stewardship Council (FSC), the Programme for the Endorsement of Forest
Certification Schemes (PEFC International), or equivalent recognised schemes.
Coatings with plastics or metals are not used. For plastic packaging only
monomaterials without coatings are used, halogen-containing polymers are not used.
A declaration of compliance is provided specifying the material composition of the
packaging and the shares of recycled and primary raw material;(b)

the packaging has been designed to be reusable within a reuse system171. The system
for reuse is established in a way that ensures the possibility of reuse in closed-loop or
open-loop system and is consistent with requirements for such system specified
under point 1.a of the criteria for manufacture of plastic packaging goods set in
Section 1.1. of this Annex.

4. For wearing apparel, where the economic activity involves laundry and dry-cleaning ofused wearing apparel, the activity complies with an ISO type 1 ecolabel or equivalent.
Do no significant harm (‘DNSH’)

Where the activity involves on-site generation of heat/cool or cogeneration including power, the direct GHG emissions of the activity
are lower than 270 gCO2e/kWh.
The activity develops a strategy to account for and reduce the GHG(1) Climate change emissions arising from the services upstream and downstream of thevalue chain, including:mitigation

170

171

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(a)

intermediate products and raw materials;(b)transport along the value chain, including shipping and returns;(c)maintenance and operations, including laundry and cleaning;(d)end of life, including waste management.

‘E-commerce’ can be defined generally as the sale or purchase of goods or services, whether between
businesses, households, individuals or private organizations, through electronic transactions conducted
via the internet or other computer-mediated (online communication) networks, see Eurostat Statistics
Explained
Glossary,
availableathttps://ec.europa.eu/eurostat/statisticsexplained/index.php?title=Category:Glossary.
‘Reusable’ and ‘reuse system’ are defined and implemented in accordance with applicable European
law and standards including any standards related to the number of rotations in a system for reuse.

67EN(2) Climate change The activity complies with the criteria set out in Appendix A to thisadaptation
Annex.
(3) Sustainable use
The activity complies with the criteria set out in Appendix B to thisand protection ofAnnex.
water and marine
resources(5)
Pollution The activity complies with the criteria set out in Appendix C to thisprevention
and Annex.
control(6) Protection and N/Arestorationof
biodiversity
andecosystems
5.6.

Marketplace for the trade of second-hand goods for reuse

Description of the activity
Development and operation of marketplaces172 and classifieds173 for the trade (sale or
exchange) of second-hand products, materials or components for reuse, where themarketplaces and classifieds act as an intermediary to match buyers seeking a service or
product with sellers or providers of those products or services.
The economic activity covers marketplaces and classifieds supporting B2B, B2C andCustomer to Customer (C2C) sales. The activity covers services such as buyer-seller linking,payment or delivery service.
The economic activity does not include the wholesale or retail trade of second-hand goods.
The economic activity relates to products that are manufactured by economic activities
classified under the NACE codes C10 Manufacture of food products, C11 Manufacture ofbeverages, C13 Manufacture of textiles, C14 Manufacture of wearing apparel, C15
Manufacture of leather and related products, C16 Manufacture of wood and of products ofwood and cork, except furniture; manufacture of articles of straw and plaiting materials, C17
Manufacture of paper and paper products, C18 Printing and reproduction of recorded media,
C22 Manufacture of rubber and plastic products, C23.3 Manufacture of clay building
materials, C23.4 Manufacture of other porcelain and ceramic products, C24 Manufacture of
172

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‘Marketplaces’ are platforms that connect buyers and sellers and facilitate transaction via technology
enablement or services, such as payment gateway or logistics services.
‘Classifieds’ are platforms that connect buyers and sellers.

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ENbasic metals, C25.1 Manufacture of structural metal products, C25.2 Manufacture of tanks,
reservoirs and containers of metal, C25.7 Manufacture of cutlery, tools and general hardware,
C25.9 Manufacture of other fabricated metal products, C26 Manufacture of computer,electronic and optical products, C27 Manufacture of electrical equipment, C28.22
Manufacture of lifting and handling equipment, C28.23 Manufacture of office machinery andequipment (except computers and peripheral equipment), C28.24 Manufacture of powerdriven hand tools, C28.25 Manufacture of non-domestic cooling and ventilation equipment,
C28.93 Manufacture of machinery for food, beverage and tobacco processing, excluding
machinery for tobacco processing, C28.94 Manufacture of machinery for textile, apparel andleather production, C28.95 Manufacture of machinery for paper and paperboard production,
C28.96 Manufacture of plastic and rubber machinery, C31 Manufacture of furniture and C32
Other manufacturing.
The economic activities in this category could be associated with several NACE codes, inparticular J58.29, J61, J62 and J63.1 in accordance with the statistical classification of
economic activities established by Regulation (EC) No 1893/2006.
An economic activity in this category is an enabling activity in accordance with Article 13(1),point (l), of Regulation (EU) 2020/852 where it complies with the technical screening criteria
set out in this Section.
Technical screening criteria
Substantial contribution to the transition to a circular economy
1. The economic activity consists of developing and operating marketplaces or classifieds tosupport the sale or reuse of second-hand products, components or materials.
The activity enables the trade (sale or exchange) for reuse of second-hand goods as specified
in the activity description that have already been used for their intended purpose before by aconsumer or an organisation, with or without repair.
2. Where servers and data storage products are being used:

EN

(a)

the equipment used comply with the requirements for servers and data storage
products set out in accordance with Directive 2009/125/EC;(b)

the equipment used does not contain the restricted substances listed in Annex II to
Directive 2011/65/EU, except where the concentration values by weight inhomogeneous materials do not exceed those listed in that Annex;(c)a waste management plan is in place to favour reuse as a priority and recycling at theend of life of electrical and electronic equipment, such as contractual agreementswith recycling partners;(d)at its end of life, equipment undergoes preparation for reuse, recovery or recycling
operations, or proper treatment, including the removal of all fluids and a selective
treatment in accordance with Annex VII to Directive 2012/19/EU.

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Do no significant harm (‘DNSH’)

Where data centres are being used and operated, the activity has
demonstrated best efforts to implement the relevant practices listed as‘expected practices’ in the most recent version of the European Code of
Conduct on Data Centre Energy Efficiency, or in CEN-CENELEC(1) Climate change document CLC TR50600-99-1 ‘Data centre facilities andmitigation
infrastructures - Part 99-1: Recommended practices for energy
management’174 and has implemented all expected practices that havebeen assigned the maximum value of 5 according to the most recent
version of the European Code of Conduct on Data Centre Energy
Efficiency.

(2) Climate change The activity complies with the criteria set out in Appendix A to thisadaptation
Annex.
(3) Sustainable use
The activity complies with the criteria set out in Appendix B to thisand protection ofAnnex.
water and marine
resources(5)
Pollution The activity complies with the criteria set out in Appendix C to thisprevention
and Annex.
control(6) Protection and N/Arestorationof
biodiversity
andecosystems

174

EN

Issued on 1 July 2019 by the European Committee for Standardization (CEN) and the European
Committee for Electrotechnical Standardization (CENELEC), (version of [adoption date]:
https://www.cenelec.eu/dyn/www/f?p=104:110:508227404055501::::FSP_ORG_ID,FSP_PROJECT,FS
P_LANG_ID:1258297,65095,25).

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APPENDIX A: GENERIC CRITERIA FOR DNSH TO CLIMATE CHANGE ADAPTATION
I. Criteria
The physical climate risks that are material to the activity have been identified from thoselisted in the table in Section II of this Appendix by performing a robust climate risk andvulnerability assessment with the following steps:(a)screening of the activity to identify which physical climate risks from the list in
Section II of this Appendix may affect the performance of the economic activity during its
expected lifetime;(b)where the activity is assessed to be at risk from one or more of the physical climate
risks listed in Section II of this Appendix, a climate risk and vulnerability assessment toassess the materiality of the physical climate risks on the economic activity;
(c)
risk.

an assessment of adaptation solutions that can reduce the identified physical climate

The climate risk and vulnerability assessment is proportionate to the scale of the activity andits expected lifespan, such that:(a)for activities with an expected lifespan of less than 10 years, the assessment isperformed, at least by using climate projections at the smallest appropriate scale;(b)
for all other activities, the assessment is performed using the highest available
resolution, state-of-the-art climate projections across the existing range of future scenarios175
consistent with the expected lifetime of the activity, including, at least, 10 to 30 year climate
projections scenarios for major investments.
The climate projections and assessment of impacts are based on best practice and available
guidance and take into account the state-of-the-art science for vulnerability and risk analysis
and related methodologies in line with the most recent Intergovernmental Panel on Climate
Change reports176, scientific peer-reviewed publications, and open source177 or paying models.
For existing activities and new activities using existing physical assets, the economic operator
implements physical and non-physical solutions (‘adaptation solutions’), over a period of timeof up to five years, that reduce the most important identified physical climate risks that arematerial to that activity. An adaptation plan for the implementation of those solutions is drawn
up accordingly.

175

176

177

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Future scenarios include Intergovernmental Panel on Climate Change representative concentration
pathways RCP2.6, RCP4.5, RCP6.0 and RCP8.5.
Assessments Reports on Climate Change: Impacts, Adaptation and Vulnerability, publishedperiodically by the Intergovernmental Panel on Climate Change (IPCC), the United Nations body forassessing the science related to climate change produces, https://www.ipcc.ch/reports/.
Such as Copernicus services managed by the European Commission.

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For new activities and existing activities using newly-built physical assets, the economic
operator integrates the adaptation solutions that reduce the most important identified physicalclimate risks that are material to that activity at the time of design and construction and has
implemented them before the start of operations.
The adaptation solutions implemented do not adversely affect the adaptation efforts or thelevel of resilience to physical climate risks of other people, of nature, of cultural heritage, ofassets and of other economic activities; are consistent with local, sectoral, regional or national
adaptation strategies and plans; and consider the use of nature-based solutions178 or rely on
blue or green infrastructure179 to the extent possible.
II. Classification of climate-related hazards180
Temperaturerelated

Wind-related

Chronic

Changing
Changing
temperature(air, patterns
freshwater, marine
water)

Water-related

Solid mass-related

wind Changing
Coastal erosion
precipitation
patterns and types(rain,
hail,
snow/ice)

Heat stress

Precipitationhydrologicalvariability

or Soil degradation

Temperature
variability

Ocean acidification

Soil erosion

Permafrost thawing

Saline intrusion

Solifluction

Sea level rise

Acute

Water stress

178

179

180

EN

Heat wave

Cyclone, hurricane, Drought
typhoonCold wave/frost

Storm (including Heavy precipitation Landslide
blizzards, dust and (rain,hail,sandstorms)
snow/ice)

Wildfire

TornadoFloodfluvial,Avalanche(coastal, Subsidence
pluvial,Nature-based solutions are defined as ‘solutions that are inspired and supported by nature, which arecost-effective, simultaneously provide environmental, social and economic benefits and help build
resilience. Such solutions bring more, and more diverse, nature and natural features and processes into
cities, landscapes and seascapes, through locally adapted, resource-efficient and systemic interventions’.
Therefore, nature-based solutions benefit biodiversity and support the delivery of a range of ecosystemservices.(version of [adoption date]: https://ec.europa.eu/research/environment/index.cfm?pg=nbs ).
See Communication from the Commission to the European Parliament, the Council, the European
Economic and Social Committee and the Committee of the Regions: Green Infrastructure (GI) —Enhancing Europe’s Natural Capital (COM/2013/0249 final).
The list of climate-related hazards in this table is non-exhaustive, and constitutes only an indicative listof most widespread hazards that are to be taken into account as a minimum in the climate risk andvulnerability assessment.

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Glacialoutburst

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73

lake

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APPENDIX B: GENERIC CRITERIA FOR DNSH TO SUSTAINABLE USE AND PROTECTION OF
WATER AND MARINE RESOURCES

Environmental degradation risks related to preserving water quality and avoiding water stressare identified and addressed with the aim of achieving good water status and good ecologicalpotential as defined in Article 2, points (22) and (23), of Regulation (EU) 2020/852, in
accordance with Directive 2000/60/EC181 and a water use and protection management plan,developed thereunder for the potentially affected water body or bodies, in consultation with
relevant stakeholders.
Where an Environmental Impact Assessment is carried out in accordance with Directive
2011/92/EU and includes an assessment of the impact on water in accordance with Directive
2000/60/EC, no additional assessment of impact on water is required, provided the risks
identified have been addressed.

181

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For activities in third countries, in accordance with applicable national law or international standards
which pursue equivalent objectives of good water status and good ecological potential, throughequivalent procedural and substantive rules, i.e. a water use and protection management plan developedin consultation with relevant stakeholders which ensures that 1) the impact of the activities on theidentified status or ecological potential of potentially affected water body or bodies is assessed and 2)
deterioration or prevention of good status/ecological potential is avoided or, where this is not possible,
3) justified by the lack of better environmental alternatives which are not disproportionately
costly/technically unfeasible, and all practicable steps are taken to mitigate the adverse impact on thestatus of the body of water.

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APPENDIX C: GENERIC CRITERIA FOR DNSH TO POLLUTION PREVENTION AND CONTROLREGARDING USE AND PRESENCE OF CHEMICALSThe activity does not lead to the manufacture, placing on the market or use of:(a) substances, whether on their own, in mixtures or in articles, listed in Annexes I or II toRegulation (EU) 2019/1021, except in the case of substances present as an unintentional tracecontaminant;(b) mercury and mercury compounds, their mixtures and mercury-added products as definedin Article 2 of Regulation (EU) 2017/852;(c) substances, whether on their own, in mixture or in articles, listed in Annexes I or II toRegulation (EC) No 1005/2009;(d) substances, whether on their own, in mixtures or in an articles, listed in Annex II to
Directive 2011/65/EU, except where there is full compliance with Article 4(1) of that
Directive;(e) substances, whether on their own, in mixtures or in an article, listed in Annex XVII toRegulation (EC) 1907/2006, except where there is full compliance with the conditions
specified in that Annex;(f) substances, whether on their own, in mixtures or in an article, meeting the criteria laid
down in Article 57 of Regulation (EC) 1907/2006 and identified in accordance with Article
59(1) of that Regulation, except if it is assessed and documented by the operators that no othersuitable alternative substances or technologies are available on the market, and that they areused under controlled conditions182.
(g) other substances, whether on their own, in mixtures or in an article, that meet the criteria
of Regulation (EC) No 1272/2008 in one of the hazard classes or hazard categories mentioned
in Article 57 of Regulation (EC) 1907/2006, except if it is assessed and documented by theoperators that no other suitable alternative substances or technologies are available on themarket, and that they are used under controlled conditions183.

182

183

EN

The Commission will review the exceptions from the prohibition from manufacturing, placing on themarket or use of the substances referred to in points (f) and (g) once it will have published horizontal
principles on essential use of chemicals.
The Commission will review the exceptions from the prohibition from manufacturing, placing on themarket or use of the substances referred to in points (f) and (g) once it will have published horizontal
principles on essential use of chemicals.

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ENAPPENDIX D: GENERIC CRITERIA FOR DNSH TO PROTECTION AND RESTORATION OF
BIODIVERSITY AND ECOSYSTEMSAn Environmental Impact Assessment (EIA) or screening184 has been completed inaccordance with Directive 2011/92/EU185.
Where an EIA has been carried out, the required mitigation and compensation measures forprotecting the environment are implemented.
For sites/operations located in or near biodiversity-sensitive areas (including the Natura 2000
network of protected areas, UNESCO World Heritage sites and Key Biodiversity Areas, aswell as other protected areas), an appropriate assessment186, where applicable, has been
conducted and based on its conclusions the necessary mitigation measures187 are
implemented.

184

185

186

187

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The procedure through which the competent authority determines whether projects listed in Annex II to
Directive 2011/92/EU is to be made subject to an environmental impact assessment (as referred to in
Article 4(2) of that Directive).
For activities in third countries, in accordance with equivalent applicable national law or international
standards requiring the completion of an EIA or screening, for example, IFC Performance Standard 1:
Assessment and Management of Environmental and Social Risks.
In accordance with Directives 2009/147/EC and 92/43/EEC. For activities located in third countries, inaccordance with equivalent applicable national law or international standards, that aim at theconservation of natural habitats, wild fauna and wild flora, and that require to carry out (1) a screening
procedure to determine whether, for a given activity, an appropriate assessment of the possible impacts
on protected habitats and species is needed; (2) such an appropriate assessment where the screening
determines that it is needed, for example IFC Performance Standard 6: Biodiversity Conservation andSustainable Management of Living Natural Resources.
Those measures have been identified to ensure that the project, plan or activity will not have any
significant effects on the conservation objectives of the protected area.

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