Directive (EU) 2018/850 of the European Parliament and of the Council of 30 May 2018 amending Directive 1999/31/EC on the landfill of waste (Text with EEA relevance)
Date: 2018-05-30

num: Article 1
title: Amendments
paragraphs: Directive 1999/31/EC is amended as follows:
(1)
in Article 1, paragraph 1 is replaced by the following:
‘1. With a view to supporting the Union’s transition to a circular economy and meeting the requirements of Directive 2008/98/EC of the European Parliament and of the Council (*1), and in particular Articles 4 and 12 thereof, the aim of this Directive is to ensure a progressive reduction of landfilling of waste, in particular of waste that is suitable for recycling or other recovery, and, by way of stringent operational and technical requirements on the waste and landfills, to provide for measures, procedures and guidance to prevent or reduce as far as possible negative effects on the environment, in particular the pollution of surface water, groundwater, soil and air, and on the global environment, including the greenhouse effect, as well as any resulting risk to human health, from landfilling of waste, during the whole life-cycle of the landfill.
num: ‘Article 5a
title: Rules on the calculation of the attainment of the targets
paragraphs: 1. For the purpose of calculating whether the targets laid down in Article 5(5) and (6) have been attained:
(a)
the weight of the municipal waste generated and directed to landfilling shall be calculated in a given calendar year;
(b)
the weight of waste resulting from treatment operations prior to recycling or other recovery of municipal waste, such as sorting or mechanical biological treatment, which is subsequently landfilled shall be included in the weight of municipal waste reported as landfilled;
(c)
the weight of municipal waste that enters incineration disposal operations and the weight of waste produced in the stabilisation operations of the biodegradable fraction of municipal waste in order to be subsequently landfilled shall be reported as landfilled;
(d)
the weight of waste produced during recycling or other recovery operations of municipal waste which is subsequently landfilled shall not be included in the weight of municipal waste reported as landfilled.
2. Member States shall establish an effective system of quality control and traceability of the municipal waste landfilled to ensure that the conditions laid down in paragraph 1 of this Article are met. They may use the system established in accordance with Article 11a(3) of Directive 2008/98/EC for that purpose.
3. Where municipal waste is shipped to another Member State or exported from the Union for the purposes of landfilling, in accordance with Regulation (EC) No 1013/2006 of the European Parliament and of the Council (*2), it shall be counted towards the amount of waste landfilled, in accordance with paragraph 1 by the Member State in which that waste was collected.
4. In order to ensure uniform conditions for the application of this Article, the Commission shall adopt by 31 March 2019 implementing acts establishing rules for the calculation, verification and reporting of data. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(2).
num: Article 5b
title: Early warning report
paragraphs: 1. The Commission shall, in cooperation with the European Environment Agency, draw up a report on the progress towards the attainment of the targets laid down in Article 5(5) and (6) at the latest three years before each deadline laid down therein.
2. The reports referred to in paragraph 1 shall include the following:
(a)
an estimation of the attainment of the targets by each Member State;
(b)
a list of Member States at risk of not attaining the targets within the respective deadlines accompanied by appropriate recommendations for the Member States concerned;
(c)
examples of best practices that are used throughout the Union which could provide guidance for progressing towards attaining the targets.
num: Article 5c
title: Exchange of information and best practices
paragraphs: The Commission shall organise a regular exchange of information and of best practices among Member States, including, where appropriate, with regional and local authorities, on the practical implementation of the requirements of this Directive.
num: ‘Article 15
title: Reporting
paragraphs: 1. Member States shall report the data concerning the implementation of Article 5(2), (5) and (6) for each calendar year to the Commission.
They shall report the data electronically within 18 months of the end of the reporting year for which the data are collected. The data shall be reported in the format established by the Commission in accordance with paragraph 5 of this Article.
The first reporting period on the implementation of Article 5(5) and (6) shall start in the first full calendar year after the adoption of the implementing act that establishes the format for reporting, in accordance with paragraph 5 of this Article, and shall cover the data for that reporting period.
2. Member States shall report the data concerning the implementation of Article 5(2) until 1 January 2025.
3. The data reported by Member States in accordance with this Article shall be accompanied by a quality check report.
4. The Commission shall review the data reported in accordance with this Article and publish a report on the results of its review. The report shall assess the organisation of the data collection, the sources of data and the methodology used in Member States as well as the completeness, reliability, timeliness and consistency of that data. The assessment may include specific recommendations for improvement. The report shall be drawn up after the first reporting of the data by the Member States and every four years thereafter.
5. By 31 March 2019, the Commission shall adopt implementing acts laying down the format for reporting the data referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(2).’;
(9)
the following articles are inserted:
num: ‘Article 15a
title: Instruments to promote a shift to a more circular economy
paragraphs: In order to contribute to the objectives laid down in this Directive, Member States shall make use of economic instruments and other measures to provide incentives for the application of the waste hierarchy. Such instruments and measures may include those indicated in Annex IVa to Directive 2008/98/EC or other appropriate instruments and measures.
num: Article 15b
title: Determination of the permeability coefficient for landfills
paragraphs: The Commission shall adopt implementing acts to lay down the method to be used for the determination of the permeability coefficient for landfills, in the field and for the whole extension of the site. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(2).
num: Article 15c
title: Union standard for sampling of waste
paragraphs: The Commission shall adopt implementing acts to develop a standard for sampling of waste. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(2). Until those implementing acts have been adopted, the Member States may apply national standards and procedures.’;
(10)
Article 16 is replaced by the following:
num: ‘Article 16
title: Review of the Annexes
paragraphs: The Commission shall keep the Annexes under review and, where necessary, it shall make appropriate legislative proposals.’;
(11)
Article 17 is replaced by the following:
num: ‘Article 17
title: Committee procedure
paragraphs: 1. The Commission shall be assisted by the Committee established by Article 39 of Directive 2008/98/EC. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council (*3).
2. When reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.
num: Article 2
title: Transposition
paragraphs: 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 5 July 2020. They shall immediately inform the Commission thereof.
When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
2. Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive. The Commission shall inform the other Member States thereof.
num: Article 3
title: Entry into force
paragraphs: This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.