Common Position (EC) No 38/2002 of 15 April 2002 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Regulation of the European Parliament and of the Council on waste statistics (Text with EEA relevance)
Date: 2002-04-15
Institutions: Council of the European Union
Subjects: EU statistics, statistical method, statistical nomenclature, waste management

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COMMON POSITION (EC) No 38/2002

adopted by the Council on 15 April 2002

with a view to adopting Regulation (EC) No . . ./2002 of the European Parliament and of the
Council of . . . on waste statistics

(2002/C 145 E/05)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

an appropriate form and within a fixed period of time from
the end of the reference year.

Having regard to the Treaty establishing the European
Community, and in particular Article 285 thereof,

Having regard to the proposals from the Commission (1),

Having regard to the opinion of the Economic and Social
Committee (2),

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3),

Whereas:

from businesses

(1) Regular Community statistics on the production and
management of waste
and private
households are required by the Community for monitoring
the implementation of waste policy. This creates the basis
for monitoring compliance with the principles of maxi-
Statistical
misation of
and
instruments are still
for assessing
compliance with the principle of waste prevention and to
establish a link between waste generation data and global,
national and regional inventories of resource use.

safe
required, however,

disposal.

recovery

(2) The

for

terms

and waste
management need to be defined in order to ensure the
comparability of results in waste statistics.

the description of waste

(3) Community waste policy has led to the establishment of a
set of principles to be followed by waste-producing units
and waste management. This requires the monitoring of
waste at different points of the waste-stream generation,
collection, recovery and disposal.

(4) Council Regulation (EC) No 322/97 of 17 February 1997
reference

statistics (4)
on Community
framework for the provisions of this Regulation.

constitutes

the

(5) To guarantee comparable results, waste statistics should be
produced in accordance with the specified breakdown, in

(1) OJ C 87, 29.3.1999, p. 22 and OJ C 180 E, 26.6.2001, p. 202.
(2) OJ C 329, 17.11.1999, p. 17.
(3) Opinion of the European Parliament of 4 September 2001 (not yet
published in the Official
Journal), Council Common Position of
15 April 2002 and Decision of the European Parliament of . . .
(not yet published in the Official Journal).

(6) Since the objective of the proposed measure, namely to
establish a framework for the production of Community
statistics on the generation, recovery and disposal of waste,
cannot be sufficiently achieved by the Member States, by
reason of the need to define terms of description of waste
and waste management so as to ensure the comparability
of the statistics supplied by the Member States, and can
therefore be better achieved at Community level,
the
Community may adopt measures in accordance with the
principle of subsidiarity as set out
the
Treaty. In accordance with the principle of proportionality,
this Regulation does not go
as set out in that Article,
beyond what
the
objective of the proposed measure.

is necessary in order

in Article 5 of

to achieve

(7) Individual Member States may need a transitional period
for the establishment of their statistics on waste for the
economic activities of NACE REV. 1 as established by
Council Regulation (EEC) No 3037/90 of 9 October
1990 on the statistical classification of economic activities
in the European Community (5) for which their national
statistical system requires major adaptations.

(8) The measures necessary for the implementation of

this
Regulation should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
procedures
implementing powers
the exercise of
conferred on the Commission (6).

for

(9) The Statistical Programme Committee has been consulted

by the Commission,

HAVE ADOPTED THIS REGULATION:

Article 1

Objective

The objective of

1.
to establish a
framework for the production of Community statistics on the
generation, recovery and disposal of waste.

this Regulation is

(5) OJ L 293, 24.10.1990, p. 1. Regulation as last amended by
Commission Regulation (EC) No 29/2002 (OJ L 6, 10.1.2002, p. 3).

(4) OJ L 52, 22.2.1997, p. 1.

(6) OJ L 184 17.7.1999, p. 23.

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and the Commission, within their
2. Member States
respective fields of competence, shall produce Community
statistics on the generation, recovery and disposal of waste,
excluding radioactive waste, which is already covered by
other legislation.

(g)

‘hazardous waste’ shall mean any waste as defined in
Article
91/689/EEC of
12 December 1991 on hazardous waste (4);

of Council Directive

1(4)

3.

The statistics shall cover the following areas:

(a) generation of waste according to Annex I;

(b) recovery and disposal of waste according to Annex II.

4.
In compiling the statistics, Member States and the
Commission shall observe the mainly substance-oriented stat-
istical nomenclature, as set out in Annex III.

5.
The Commission shall, in accordance with the procedure
referred to in Article 7(2), establish a table of equivalence
between the statistical nomenclature of Annex III and the list
of waste established by Commission Decision 2000/532/EC (1).

Article 2

Definitions

(h)

‘non-hazardous waste’ shall mean waste which is not
covered by point (g);

(i)

‘incineration’ shall mean thermal treatment of waste in an
incineration plant as defined in Article 3(4) or a coinci-
neration plant as defined in Article 3(5) of Directive
2000/76/EC of
the
Council of 4 December 2000 on the incineration of
waste (5);

the European Parliament and of

(j)

‘landfill’ shall mean a waste disposal site as defined in
Article 2(g) of Council Directive 1999/31/EC of 26 April
1999 on the landfill of waste (6);

(k)

‘capacity of waste incineration facilities’ shall mean the
maximum capacity to incinerate waste,
in tonnes per
annum or in gigajoules;

For the purposes and within the framework of this Regulation:

(l)

‘capacity of waste recycling facilities’
shall mean the
maximum capacity to recycle waste, in tonnes per annum;

(a)

(b)

(c)

‘waste’ shall mean any substance or object as defined in
Article 1(a) of Council Directive 75/442/EEC of 15 July
1975 on waste (2);

shall mean
collected fractions of waste’
‘separately
household and similar waste, selectively collected in homo-
geneous fractions by public services, non-profit organi-
sations and private enterprises acting in the field of
organised waste collection;

‘recycling’ shall have the same meaning as in the definition
given in Article 3(7) of European Parliament and Council
Directive 94/62/EC of 20 December 1994 on packaging
and packaging waste (3);

(d)

‘recovery’ shall mean any of the operations provided for in
Annex II.B to Directive 75/442/EEC;

(m) ‘capacity of landfills’ shall mean the remaining capacity (at
the end of the data reference year) of the landfill facility to
dispose of waste in the future, measured in cubic metres;

(n)

‘capacity of other disposal facilities’ shall mean the capacity
of the facility to dispose of waste, measured in tonnes per
annum.

Article 3

Collection of data

1. Member States shall, whilst complying with conditions as
to quality and accuracy to be defined in accordance with the
procedure referred to in Article 7(2), acquire the data necessary
for the specification of the characteristics listed in Annexes I
and II by means either of:

(e)

‘disposal’ shall mean any of the operations provided for in
Annex II.A to Directive 75/442/EEC;

— surveys,

(f)

‘recovery or disposal
facility’ shall mean a facility that
requires a permit or registration pursuant to Articles 9,
10 or 11 of Directive 75/442/EC;

— administrative or other sources, such as the reporting obli-
on waste

Community

legislation

under

gations
management,

(1) OJ L 226, 6.9.2000, p. 3. Decision as last amended by Council

Decision 2001/573/EC (OJ L 203, 28.7.2001, p. 18).

(2) OJ L 194, 25.7.1975, p. 39. Directive as

last amended by

Commission Decision 96/350/EC (OJ L 135, 6.6.1996, p. 32).

(3) OJ L 365, 31.12.1994, p. 10.

(4) OJ L 377, 31.12.1991, p. 20. Directive as amended by Directive

94/31/EC (OJ L 168, 2.7.1994, p. 28).

(5) OJ L 332, 28.12.2000, p. 91.
(6) OJ L 182, 16.7.1999, p. 1.

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— statistical estimation procedures on the basis of samples or

waste-related estimators, or

a voluntary basis by Member States. The pilot studies shall aim
to assess the relevance and feasibility of obtaining data, and to
evaluate the costs and benefits of collecting the data, and the
burden on businesses.

— a combination of these means.

In order to reduce response burdens, the national authorities
and the Commission shall, subject
to the limits and the
conditions fixed by each Member State and by the Commission
in their respective fields of competence, have access to admin-
istrative data sources.

In order to reduce the administrative burden on small
2.
enterprises, enterprises of
less than 10 employees shall be
excluded from surveys, unless they contribute significantly to
the generation of waste.

3. Member States shall produce statistical results, following
the breakdown set out in Annexes I and II.

The exclusion referred to in paragraph 2 must be
as

4.
consistent with the
referred to in Section 7(1) of Annexes I and II.

and quality objectives

coverage

5. Member States shall transmit the results, including confi-
dential data, to Eurostat in an appropriate format and within a
set period of time from the end of the respective reference
periods, as laid down in Annexes I and II.

6.
The treatment of confidential data and the transmission
of such data as provided for in paragraph 5 shall be carried out
in accordance with the
existing Community provisions
governing statistical confidentiality.

Article 4

Transitional period

the entry into force of

During a transitional period, which may not exceed two
1.
the
years after
Commission may, at the request of a Member State and in
accordance with the procedure referred to in Article 7(2),
grant derogations
from the provisions of Section 5 of
Annexes I and II, for the production of results relating to
items 13 to 17 of Annex I and to Section
Section 8(1.1),
8(2) of Annex II.

this Regulation,

2.
The Commission programme for pilot studies shall be
consistent with the contents of Annexes I and II, particularly
the aspects related to the scope and coverage of wastes, waste
categories for the classification of waste, reference years and
periodicity, taking into account the reporting obligations under
Council Regulation (EEC) No 259/93 of 1 February 1993 on
the supervision and control of shipments of waste within, into
and out of the European Community (1).

The Commission shall finance up to 100 % of the costs

3.
for conducting the pilot studies.

4.
On the basis of the conclusions of the pilot studies, the
Commission shall
inform the European Parliament and the
the possibilities of compiling statistics for the
Council of
activities and characteristics covered by the pilot studies for
import and export of waste. The Commission shall adopt the
necessary implementation measures in accordance with the
procedure referred to in Article 7(2).

The pilot studies should be conducted within three years

5.
of the entry into force of this Regulation.

Article 6

Implementation measures

The measures necessary for the implementation of this Regu-
lation, shall be adopted in accordance with the procedure
referred to in Article 7(2). These shall include measures:

(a)

for adjustment to economic and technical developments in
the collection and statistical processing of data, as well as
the processing and the transmission of results;

(b) for adaptation of the specifications listed in Annexes I, II

and III;

The derogations referred to in paragraph 1 can be
2.
granted to individual Member States only for the data of the
first reference year.

(c)

Article 5

Import and export of waste

(3) and (4),

taking into account

for the production of results in accordance with Article
3(2),
the economic
structures and technical conditions in a Member State;
such measures may allow an individual Member State not
to report certain items in the breakdown, provided the
impact on the quality of the statistics is proven to be
limited. In all cases where exemptions are given, the total
amount of waste for each item listed in Sections 2(1) and
8(1) of Annex I shall be compiled;

1.
The Commission shall draw up a programme for pilot
studies on the import and export of waste to be carried out on

(1) OJ L 30, 6.2.1993, p. 1. Regulation as last amended by Commission
Regulation (EC) No 2557/2001 (OJ L 349, 31.12.2001, p. 1).

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(d) for the definition of the proper quality evaluation criteria
and the contents of the quality reports as referred to in
Section 7 of Annexes I and II;

(e)

for setting out the appropriate format for the transmission
of results by Member States within two years of the date of
entry into force of this Regulation;

(f)

for compiling the list for granting transitional periods and
derogations to Member States, as specified in Article 4;

(g) for implementation of the results of the pilot studies, as
specified in Article 5(4), Annex I Section 1(2), Annex I
Section 2(2) and Annex II Section 8(3).

Article 7

Committee procedure

The Commission shall be assisted by the Statistical
1.
Programme Committee
established by Council Decision
89/382/EEC, Euratom of 19 June 1989 establishing a
committee on the statistical programmes of
the European
Communities (1).

2. Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

3.

The Committee shall adopt its rules of procedure.

4.
The Commission shall transmit to the Committee set up
by Directive 75/442/EEC the draft measures that it intends to
submit to the Statistical Programme Committee.

Article 8

Report

The Commission shall, within five years of the date of
1.
entry into force of
this Regulation and every three years
thereafter, submit a report to the European Parliament and
the Council on the statistics compiled pursuant to this Regu-
lation and in particular on their quality and the burden on
businesses.

The Commission shall, within two years of the date of
2.
entry into force of this Regulation, submit to the European
Parliament and the Council a proposal abolishing overlapping
reporting obligations.

Article 9

Entry into force

into force on the 20th day
This Regulation shall enter
following its publication in the Official Journal of the European
Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at . . .

For the European Parliament

The President

For the Council

The President

(1) OJ L 181, 28.6.1989, p. 47.

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ANNEX I

GENERATION OF WASTE

SECTION 1

Coverage

1. The statistics are to be compiled for all activities classified within the coverage of Sections C to Q, of NACE REV. 1.
These sections cover all economic activities, except agriculture, hunting, forestry (A) and fishing (B), which are
outside the domain of this Annex.

This Annex also covers:

(a) waste generated by households;

(b) waste arising from recovery and/or disposal operations.

2. The Commission will draw up a programme for pilot studies to be carried out on a voluntary basis by Member States
in order to assess the relevance of including sections A and B of NACE REV. 1 in the coverage list referred to in
point 1. The Commission will finance up to 100 % of the costs for these pilot studies. On the basis of the
conclusions of these pilot studies, the Commission will adopt the necessary implementation measures in accordance
with the procedure referred to in Article 7(2) of this Regulation.

SECTION 2

Waste categories

1. Statistics on the following waste categories are to be produced:

Item No

Code

Aggregates list

EWC-Stat/Version 2

Description

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

01.1

01.1

01.2

01.2

01.3

01.3

01.4

01.4

02

02

03.1

03.1

03.2

03.2

05

05

06

06

07.1

07.2

07.3

Spent solvents

Spent solvents

Acid, alkaline or saline wastes

Acid, alkaline or saline wastes

Used oils

Used oils

Spent chemical catalysts

Spent chemical catalysts

Chemical preparation wastes

Chemical preparation wastes

Chemical deposits and residues

Chemical deposits and residues

Industrial effluent sludges

Industrial effluent sludges

Health care and biological wastes

Health care and biological wastes

Metallic wastes

Metallic wastes

Glass wastes

Paper and cardboard wastes

Rubber wastes

Hazardous/
non-hazardous
waste

Non-hazardous

Hazardous

Non-hazardous

Hazardous

Non-hazardous

Hazardous

Non-hazardous

Hazardous

Non-hazardous

Hazardous

Non-hazardous

Hazardous

Non-hazardous

Hazardous

Non-hazardous

Hazardous

Non-hazardous

Hazardous

Non-hazardous

Non-hazardous

Non-hazardous

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Item No

Code

EWC-Stat/Version 2

Description

07.4

07.5

07.6

07.6

08

08

08.1

08.41

08.41

09

09.11

10.1

10.2

10.3

11

Plastic wastes

Wood wastes

Textile wastes

Textile wastes

Discarded equipment

Discarded equipment

Discarded vehicles

Batteries and accumulators wastes

Batteries and accumulators wastes

Animal and vegetal wastes (excluding animal waste of food
preparation and products)

Animal waste of food preparation and products

Household and similar wastes

Mixed and undifferentiated materials

Sorting residues

Common sludges

12.1 + 12.2 +
12.3 + 12.5

Mineral wastes (excluding combustion wastes, contaminated
soils and polluted dredging spoils)

Hazardous/
non-hazardous
waste

Non-hazardous

Non-hazardous

Non-hazardous

Hazardous

Non-hazardous

Hazardous

Non-hazardous

Non-hazardous

Hazardous

Non-hazardous

Non-hazardous

Non-hazardous

Non-hazardous

Non-hazardous

Non-hazardous

Non-hazardous

12.1 + 12.2 +
12.3 + 12.5

Mineral wastes (excluding combustion wastes, contaminated
soils and polluted dredging spoils)

Hazardous

12.4

12.4

12.6

13

13

Combustion wastes

Combustion wastes

Contaminated soils and polluted dredging spoils

Solidified, stabilised or vitrified wastes

Solidified, stabilised or vitrified wastes

Non-hazardous

Hazardous

Hazardous

Non-hazardous

Hazardous

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

38

39

40

41

42

43

2. In accordance with the reporting obligation under Directive 94/62/EC, the Commission will draw up a programme
for pilot studies to be carried out on a voluntary basis by Member States in order to assess the relevance of including
packaging waste entries (EWC-Stat Version 2) in the breakdown list set out in point 1. The Commission will finance
up to 100 % of the costs for these pilot studies. On the basis of the conclusions of these pilot studies, the
Commission will adopt the necessary implementation measures in accordance with the procedure referred to in
Article 7(2) of this Regulation.

1. Characteristics for the waste categories:

SECTION 3

Characteristics

for each waste category listed in Section 2(1), the quantity of waste generated will be compiled.

2. Regional characteristics:

population or dwellings served by a collection scheme for mixed household and similar waste (NUTS 2 level).

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SECTION 4

Reporting unit

1. The reporting unit to be used for all waste categories is 1 000 tonnes of (normal) wet waste. For the waste categories

‘sludge’ an additional figure for dry matter should be provided.

2. The reporting unit for regional characteristics should be the percentage of the population or dwellings.

SECTION 5

First reference year and periodicity

1. The first reference year is the second calendar year following the entry into force of this Regulation.

2. Member States will furnish data for every second year after the first reference year.

SECTION 6

Transmission of results to Eurostat

The results are to be transmitted within 18 months of the end of the reference year.

SECTION 7

Report on the coverage and quality of statistics

1. For each item listed in Section 8 (activities and households), Member States will indicate the percentage to which the
compiled statistics represent the universe of waste of the respective item. The minimum requirement for the coverage
will be defined in accordance with the procedure referred to in Article 7(2) of this Regulation.

2. Member States will submit a quality report, indicating the degree of precision for the collected data. A description
will be given on the estimations, aggregations or exclusions, and the way these procedures affect the distribution of
waste categories, listed in Section 2(1) by economic activities and households, as referred to in Section 8.

3. The Commission will

include the coverage and quality reports in the report provided for in Article 8 of this

Regulation.

SECTION 8

Production of results

1. The results for the characteristics listed in Section 3(1), are to be compiled for:

1.1. the following sections, divisions, groups and classes of NACE REV. 1:

Item No

NACE REV. 1.1
code

Description

1

2

3

4

5

6

7

8

9

C

DA

DB + DC

DD

DE

DF

Mining and quarrying

Manufacture of food products, beverages and tobacco

Manufacture of textiles and textile products + manufacture of leather and leather
products

Manufacture of wood and wood products

Manufacture of pulp, paper and paper products; publishing and printing

Manufacture of coke, refined petroleum products and nuclear fuel

DG + DH

Manufacture of chemicals, chemical products, manmade fibres + manufacture of
rubber and plastic products

DI

DJ

Manufacture of other non-metallic mineral products

Manufacture of basic metals and fabricated metal products

10

DK + DL + DM Manufacture of machinery and equipment + manufacture of electrical and optical

equipment + manufacture of transport equipment

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Item No

NACE REV. 1.1
code

Description

11

12

13

14

15

16

17

DN
excluded 37

Manufacturing n.e.c.

E

F

G-Q
excluded 90
and 51.57

37

51.57

90

Electricity, gas, steam and hot water and water supply

Construction

Services activities: wholesale and retail trade; repair of motor vehicles, motor cycles
and personal and household goods + hotels and restaurants + transport, storage and
renting and business
communications + financial
social
activities + public
security + education + health and social work + other community,
social and
personal activities + activities of households + extra-territorial organisations and
bodies

intermediation + real
defence

administration,

estate,
and

compulsory

Recycling

Wholesale of waste and scrap

Sewage and refuse disposal, sanitation and similar activities

1.2. households

18

Waste generated by households

2.

For economic activities, statistical units are local units or kind-of-activity units, as defined in Council Regulation
(EEC) No 696/93 of 15 March 1993 on the statistical units for the observation and analysis of the production
system in the Community (1), according to each Member State's statistical system.

In the quality report, to be produced under Section 7, a description of how the chosen statistical unit affects the
groupings of NACE REV. 1 data distribution should be included.

(1) OJ L 76, 30.3.1993, p. 1. Regulation as amended by the 1994 Act of Accession.

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ANNEX II

RECOVERY AND DISPOSAL OF WASTE

SECTION 1

Coverage

1. The statistics are to be compiled for all recovery and disposal facilities which run any of the operations referred to in
Section 8(2) and which belong to or are part of the economic activities according to the groupings of NACE REV. 1,
mentioned in Annex I, Section 8(1.1).

2. Facilities whose waste treatment activities are limited to the recycling of waste on the site where the waste was

generated, are not covered by this Annex.

SECTION 2

Waste categories

The list of waste categories for which the statistics are to be compiled, according to each recovery or disposal operation
as referred to in Section 8(2), are the following:

Item No

1

2

3

4

5

6

7

8

9

10

11

12

Code

01 + 02 + 03

01 + 02 + 03

01.3

01.3

05

05

10.1

10.2

10.3

11

06 + 07 +
08 + 09 +
12 + 13

06 + 07 +
08 + 09 +
12 + 13

Incineration

EWC-Stat Version 2

Description

Chemical wastes
waste + chemical preparation wastes + other chemical wastes)

used oils

excluding

(chemical

compound

Chemical wastes
waste + chemical preparation wastes + other chemical wastes)

used oils

excluding

(chemical

compound

Used oils

Used oils

Health care and biological wastes

Health care and biological wastes

Household and similar waste

Mixed and undifferentiated materials

Sorting residues

Common sludges

Other wastes
(metallic wastes + non-metallic wastes + discarded
equipment + animal and vegetal wastes + mineral wastes + solidified,
stabilised or vitrified wastes)

Hazardous/
non-hazardous
waste

Non-hazardous

Hazardous

Non-hazardous

Hazardous

Non-hazardous

Hazardous

Non-hazardous

Non-hazardous

Non-hazardous

Non-hazardous

Non-hazardous

(metallic wastes + non-metallic wastes + discarded
Other wastes
equipment + animal and vegetal wastes + mineral wastes + solidified,
stabilised or vitrified wastes)

Hazardous

Operations which may lead to recovery (excluding energy recovery)

EWC-Stat Version 2

Description

Item No

Code

1

2

3

4

01.3

01.3

06

06

Used oils

Used oils

Metallic wastes

Metallic wastes

Hazardous/
non-hazardous
waste

Non-hazardous

Hazardous

Non-hazardous

Hazardous

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Item No

Code

EWC-Stat Version 2

Description

5

6

7

8

9

10

11

12

13

14

15

16

17

Item No

1

2

3

4

5

6

7

8

9

10

11

07.1

07.2

07.3

07.4

07.5

07.6

07.6

09

Glass wastes

Paper and cardboard wastes

Rubber wastes

Plastic wastes

Wood wastes

Textile wastes

Textile wastes

Animal and vegetal wastes (excluding animal waste of food prep-
aration and products)

09.11

Animal waste of food preparation and products

12

12

01 + 02 +
03 + 05 +
08 + 10 +
11 + 13

01 + 02 +
03 + 05 +
08 + 10 +
11 + 13

Code

01 + 02 + 03

01 + 02 + 03

01.3

01.3

09

10.1

10.2

10.3

11

12

12

Mineral waste

Mineral waste

excluding

compound
Other wastes,
chemical
wastes + chemical
wastes + health
wastes + discarded
equipment + mixed ordinary wastes + common sludges + solidified,
stabilised or vitrified wastes)

used
preparation
and

oils
(chemical
wastes + other

biological

care

excluding

compound
Other wastes,
chemical
wastes + chemical
wastes + health
wastes + discarded
equipment + mixed ordinary wastes + common sludges + solidified,
stabilised or vitrified wastes)

used
preparation
and

oils
(chemical
wastes + other

biological

care

Disposal (other than incineration)

EWC-Stat Version 2

Description

Chemical wastes,
excluding used oils
waste + chemical preparation wastes + other chemical wastes)

(chemical

compound

Chemical wastes,
excluding used oils
waste + chemical preparation wastes + other chemical wastes)

(chemical

compound

Used oils

Used oils

Animal and vegetal wastes

Household and similar waste

Mixed and undifferentiated materials

Sorting residues

Common sludges

Mineral wastes

Mineral wastes

Hazardous/
non-hazardous
waste

Non-hazardous

Non-hazardous

Non-hazardous

Non-hazardous

Non-hazardous

Non-hazardous

Hazardous

Non-hazardous

Non-hazardous

Non-hazardous

Hazardous

Non-hazardous

Hazardous

Hazardous/
non-hazardous
waste

Non-hazardous

Hazardous

Non-hazardous

Hazardous

Non-hazardous

Non-hazardous

Non-hazardous

Non-hazardous

Non-hazardous

Non-hazardous

Hazardous

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Item No

12

13

Code

05 + 06 +
07 + 08 + 13

05 + 06 +
07 + 08 + 13

EWC-Stat Version 2

Description

Other wastes
wastes + non-metallic wastes + discarded
stabilised or vitrified wastes)

(health care

and

biological wastes + metallic
equipment + solidified,

Other wastes
wastes + non-metallic wastes + discarded
stabilised or vitrified wastes)

(health care

and

biological wastes + metallic
equipment + solidified,

Hazardous/
non-hazardous
waste

Non-hazardous

Hazardous

SECTION 3

Characteristics

The characteristics, for which the statistics are to be compiled on recovery and disposal operations, as referred to in
Section 8(2) are set out in the table below.

Number and capacity of recovery and disposal operations per region

Item No

Description

1

2

3

Number of operation facilities, NUTS 2 level

Capacity in units according to the operations, NUTS 2 level

Waste treated per recovery and disposal operation, including import

Total quantities of waste treated, by the operation specific waste categories listed in Section 2,
excluding recycling of waste on the site where the waste was generated, NUTS 1 level

SECTION 4

Reporting unit

The reporting unit to be used for all waste categories is 1 000 tonnes of (normal) wet waste. For the waste categories
‘sludge’ an additional figure for dry matter should be provided.

SECTION 5

First reference year and periodicity

1. The first reference year is the second calendar year following the entry into force of this Regulation.

2. Member States will furnish data for every second year, after the first reference year, for the facilities which are

referred to in Section 8(2).

SECTION 6

Transmission of results to Eurostat

The results are to be transmitted within 18 months of the end of the reference year.

SECTION 7

Report on the coverage and quality of statistics

1. For the characteristics listed in Section 3, and for each item amongst the types of operations listed in Section 8(2),
Member States will indicate the percentage to which the compiled statistics represent the universe of waste of the
respective item. The minimum requirement for the coverage will be defined in accordance with the procedure
referred to in Article 7(2) of this Regulation.

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2. For the characteristics listed in Section 3, Member States will submit a quality report,

indicating the degree of

precision of the collected data.

3. The Commission will

include the coverage and quality reports in the report provided for in Article 8 of this

Regulation.

SECTION 8

Production of results

1. The results are to be compiled for each item amongst the types of operations listed in Section 8(2), according to the

characteristics as referred to in Section 3.

2. List of recovery and disposal operations; the codes refer to the codes in the Annexes to Directive 75/442/EEC:

Item No

Code

Types of recovery and disposal operations

1

2

3

4

5

Incineration

Use principally as a fuel or other means to generate energy

Incineration on land

Operations which may lead to recovery (excluding energy recovery)

Solvent reclamation/regeneration

Recycling/reclamation of organic substances which are not used as
(including composting and other biological transformation processes)

solvents

Recycling/reclamation of metals and metal compounds

Recycling/reclamation of other inorganic materials

Regeneration of acids or bases

Recovery of components used for pollution abatement

Recovery of components from catalysts

Oil refining or other reuses of oil

R1

D10

R2 +

R3 +

R4 +

R5 +

R6 +

R7 +

R8 +

R9 +

R10 +

Land treatment resulting in benefit to agriculture or ecological improvement

R11

Use of wastes obtained from any of the operations numbered R1 to R10

Disposal operations

Deposit into or onto land (e.g. landfill etc.)

Deep injection (e.g. injection of pumpable discards into wells, salt domes or naturally
occurring repositories, etc.)

Surface impoundment (e.g. placement of liquid or sludge discards into pits, pounds
or lagoons, etc.)

Special engineered landfill (e.g. placement into lined discrete cells which are capped
and isolated from one another and the environment etc.)

Permanent storage (e.g. emplacement of containers in a mine etc.)

Land treatment (e.g. biodegradation of liquid or sludgy discards in soils, etc.)

Release into a water body except seas/oceans

Release into seas/oceans including sea-bed insertion

D1 +

D3 +

D4 +

D5 +

D12

D2 +

D6 +

D7

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3. The Commission will draw up a programme for pilot studies, to be carried out on a voluntary basis by Member
States. The pilot studies will aim to assess the relevance and feasibility of obtaining data on the amounts of waste
conditioned by preparatory operations, as defined in Annexes II.A and II.B to Directive 75/442/EEC. The Commission
will finance up to 100 % of the costs for conducting these pilot studies. On the basis of the conclusions of these pilot
studies, the Commission will adopt the necessary implementation measures in accordance with the procedure
referred to in Article 7(2) of this Regulation.

4. Statistical units are local units or kind-of-activity units, as defined in Regulation (EEC) No 696/93, according to each

Member State's statistical system.

In the quality report, to be produced under Section 7, a description of how the chosen statistical unit affects the
groupings of NACE REV. 1 data distribution should be included.

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ANNEX III

WASTE STATISTICAL NOMENCLATURE

as referred to in Annex I, Section 2(1) and Annex II, Section 2 EWC-Stat REV. 2 (mainly substance oriented
waste statistical nomenclature)

01

Chemical compound wastes

01.1

Spent solvents

01.11

Halogenated spent solvents

1 Hazardous

aqueous solvent mixes containing halogens

chlorofluorocarbons

degreasing wastes containing solvents without a liquid phase

halogenated solvents and solvent mixes

organic halogenated solvents, washing liquids and mother liquors

other halogenated solvents

other halogenated solvents and solvent mixes

sludges containing halogenated solvents

sludges or solid wastes containing halogenated solvents

01.12

Non-halogenated spent solvents

0 Non-hazardous

wastes from solvent extraction

1 Hazardous

aqueous solvent mixes free of halogens

other organic solvents, washing liquids and mother liquors

other solvents and solvent mixes

sludges containing other solvents

sludges or solid wastes containing other solvents

sludges or solid wastes free of halogenated solvents

solvent mixes or organic liquids free of halogenated solvents

solvents

solvents and solvent mixes free of halogenated solvents

01.2

Acid, alkaline or saline wastes

01.21

Acid wastes

0 Non-hazardous

cyanide-free wastes not containing chromium

acids

1 Hazardous

acidic pickling solutions

acids not otherwise specified

bleach solutions and bleach fixer solutions

cyanide-free wastes containing chromium

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electrolyte from batteries and accumulators

fixer solutions

hydrochloric acid

nitric acid and nitrous acid

phosphoric and phosphorous acid

sulphuric acid

sulphuric acid and sulphurous acid

waste not otherwise specified

01.22

Alkaline wastes

0 Non-hazardous

alkalines

1 Hazardous

alkalis not otherwise specified

ammonia

calcium hydroxide

cyanidic (alkaline) wastes containing heavy metals other than chromium

cyanidic (alkaline) wastes which do not contain heavy metals

metal hydroxide sludges and other sludges from metal insolubilisation treatment

soda

solvent based developer solutions

wastes containing cyanide

wastes not otherwise specified

water based developer and activator solutions

water based offset plate developer solutions

01.23

Saline solutions

0 Non-hazardous

saline solutions containing sulphates, sulphites or sulphides

saline solutions containing chlorides, fluorides and halides

saline solutions containing phosphates and related solid salts

saline solutions containing nitrates and related compounds

1 Hazardous

waste from electrolytic refining

01.24

Other saline wastes

0 Non-hazardous

barite-containing drilling muds and wastes

carbonates

chloride-containing drilling muds and wastes

metallic oxides

phosphates and related solid salts

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salts and solutions containing organic compounds

sludges from copper hydrometallurgy

solid salts containing ammonium

solid salts containing chlorides, fluorides and other halogenated solid salts

solid salts containing nitrides (nitrometallic)

solid salts containing sulphates, sulphites or sulphides

waste containing sulphur

waste from potash and rock salt processing

wastes not otherwise specified

1 Hazardous

metallic salts

other wastes

phosphatising sludges

salt slags from secondary smelting

salts and solutions containing cyanides

sludges from zinc hydrometallurgy (including jarosite, goethite)

waste from treatment of salt slags and black drosses treatment

wastes containing arsenic

wastes containing mercury

wastes containing other heavy metals

01.3

Used oils

01.31

Used motor oils

1 Hazardous

chlorinated engine, gear and lubricating oils

non-chlorinated engine, gear and lubricating oils

other engine, gear and lubricating oils

01.32

Other used oils

0 Non-hazardous

oil-containing drilling muds and wastes

desalted sludges

sludges from plant, equipment and maintenance operations

sludges from grinding, honing and lapping

polishing sludges

wastes not otherwise specified

1 Hazardous

acid alkyl sludges

brake fluids

chlorinated emulsions

hydraulic oils containing only mineral oil

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hydraulic oils, containing PCBs or PCTs

insulating or heat transmission oils and other liquids containing PCBs or PCTs

machining sludges

mineral insulating and heat transmission oils

non-chlorinated emulsions

non-chlorinated hydraulic oils (not emulsions)

non-chlorinated insulating and heat transmission oils and other liquids

oil waste not otherwise specified

other chlorinated hydraulic oils (not emulsions)

other chlorinated insulating and heat transmission oils and other liquids

other hydraulic oils

spent waxes and fats

synthetic insulating and heat transmission oils and other liquids

synthetic machining oils

tank bottom sludges

waste machining emulsions containing halogens

waste machining emulsions free of halogens

waste machining oils containing halogens (not emulsioned)

waste machining oils free of halogens (not emulsioned)

01.4

Spent chemical catalysts

01.41

Spent chemical catalysts

0 Non-hazardous

other spent catalysts

spent catalysts containing precious metals

spent catalysts e.g. from NOx removal

spent catalysts e.g. from removal of NOx

02

Chemical preparation wastes

02.1

Off-specification chemical wastes

02.11

Agrochemical product wastes

1 Hazardous

agrochemical wastes

inorganic pesticides, biocides and wood preserving agents

pesticides

02.12

Unused medicines

0 Non-hazardous

discarded chemicals and medicines

medicines

02.13

Paints, varnish, inks and adhesive wastes

0 Non-hazardous

aqueous liquid waste containing ink

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aqueous liquid wastes containing adhesives and sealants

aqueous sludges containing adhesives and sealants

aqueous sludges containing ink

aqueous sludges containing paint or varnish

aqueous suspensions containing paint or varnish

dried ink

dye stuffs and pigments

hardened adhesives and sealants

hardened paints and varnishes

powder paints

waste coating powders

waste from paint or varnish removal

waste from water-based ink

waste from water-based paints and varnishes

waste printing toner (including cartridges)

wastes from water-based adhesives and sealants

wastes not otherwise specified

1 Hazardous

adhesives and sealants sludges containing halogenated solvents

adhesives and sealants sludges free of halogenated solvents

ink sludges containing halogenated solvents

ink sludges free of halogenated solvents

paint, inks, adhesives and resins

sludges from paint or varnish removal containing halogenated solvents

sludges from paint or varnish removal free of halogenated solvents

waste adhesives and sealants containing halogenated solvents

waste adhesives and sealants free of halogenated solvents

waste ink containing halogenated solvents

waste ink free of halogenated solvents

waste paints and varnish containing halogenated solvents

waste paints and varnish free of halogenated solvents

02.14

Other chemical preparation wastes

0 Non-hazardous

aerosols

bleaching sludges from hypochlorite and chlorine processes

bleaching sludges from other bleaching processes

detergents

industrial gases in high pressure cylinders, LPG containers and industrial aerosol containers (including halons)

photographic film and paper containing silver or silver compounds

waste from chemical treatment

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waste from nitrogen chemical processes and fertiliser manufacture

wastes from preserving agents

wastes from production of silicon and silicon derivatives

wastes not otherwise specified

1 Hazardous

non-halogenated organic wood preservatives

organochlorinated wood preservatives

organometallic wood preservatives

inorganic wood preservatives

sludges containing mercury

discarded chemicals

photochemicals

02.2

Unused explosives

02.21

Waste explosives and pyrotechnical products

1 Hazardous

fireworks waste

other waste explosives

02.22

Waste ammunition

1 Hazardous

waste ammunition

02.3

Mixed chemical wastes

02.31

Minor mixed chemical wastes

0 Non-hazardous

other waste containing inorganic chemicals, e.g. lab chemicals not otherwise specified, fire extinguishing
powders

other waste containing organic chemicals, e.g. lab chemicals not otherwise specified

02.32

Chemical wastes mixed for treatment

0 Non-hazardous

premixed wastes for final disposal

02.33

Packaging polluted by hazardous substances

03

Other chemical wastes

03.1

Chemical deposits and residues

03.11

Tars and carbonaceous wastes

0 Non-hazardous

asphalt

wastes not otherwise specified

carbon black

anode scraps

wastes from the production of anodes for aqueous electrolytical processes

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1 Hazardous

acid tars

other tars

tars and other carbon-containing wastes from anode manufacture

03.12

Oils/water emulsions sludges

1 Hazardous

bilge oils from inland navigation

bilge oils from jetty sewers

desalter sludges or emulsions

interceptor sludges

oil/water separator sludges

oil/water separator solids

other emulsions

waste from marine transport tank cleaning, containing chemicals

waste from railway and road transport tank cleaning, containing chemicals

waste from storage tank cleaning, containing chemicals

03.13

Chemical reaction residues

0 Non-hazardous

dregs and green liquor sludge (from black liquor treatment)

tanning liquor containing chromium

tanning liquor free of chromium

wastes not otherwise specified

1 Hazardous

aqueous washing liquids and mother liquors

halogenated still bottoms and reaction residues

non-vitrified solid phase

other still bottoms and reaction residues

03.14

Spent filtration and absorbent materials

0 Non-hazardous

sludges from decarbonation

spent activated carbon

saturated or spent ion exchange resins

solutions and sludges from regeneration of ion exchangers

1 Hazardous

activated carbon from chlorine production

filter cake from gas treatment

halogenated filter cakes, spent absorbents

other filter cakes, spent absorbents

saturated or spent ion exchange resins

solutions and sludges from regeneration of ion exchangers

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spent activated carbon

spent filter clays

03.2

Industrial effluent sludges

03.21

Sludges from industrial processes and effluent treatment

0 Non-hazardous

anaerobic treatment sludges of animal and vegetal wastes

anaerobic treatment sludges of municipal and similar wastes

de-inking sludges from paper recycling

landfill leachate

sludges containing chromium

sludges free of chromium

sludges from on-site effluent treatment

sludges not otherwise specified

wastes not otherwise specified

03.22

Sludges containing hydrocarbons

0 Non-hazardous

wastes not otherwise specified

1 Hazardous

aqueous liquid waste from oil regeneration

aqueous washing liquids

steam degreasing wastes

waste from marine transport tank cleaning, containing oil

waste from railway and road transport tank cleaning containing oil

waste from storage tank cleaning, containing oil

grease and oil mixture from oil/waste water separation

04

Radioactive wastes

04.1

Nuclear waste

04.11

Nuclear wastes

04.2

Spent ionising sources

04.21

Spent ionising sources

04.3

Equipment and products contaminated by radioactivity

04.31

Equipment and products contaminated by radioactivity

04.4

Soils contaminated by radioactivity

04.41

Soils contaminated by radioactivity

05

Health care and biological wastes

05.1

Infectious health care wastes

05.11

Human infectious health care wastes

0 Non-hazardous

body parts and organs including blood bags and blood preserves

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1 Hazardous

other wastes whose collection and disposal is subject to special requirements in view of the prevention of
infection

05.12

Animal infectious health care wastes

0 Non-hazardous

sharps

05.2

Non-infectious health care wastes

05.21

Non-infectious human health care wastes

05.22

Non-infectious animal health care wastes

05.3

Genetic engineering wastes

05.31

Genetic engineering wastes

1 Hazardous

other wastes whose collection and disposal is subject to special requirements in view of the prevention of
infection

06

Metallic wastes

06.1

Ferrous metal waste and scrap

06.11

Ferrous metal waste and scrap

0 Non-hazardous

discarded moulds

ferrous metal filings and turnings

other ferrous metals particles

iron and steel

ferrous materials removed from bottom ash

06.2

Non-ferrous metal waste and scrap

06.21

Waste precious metal

1 Hazardous

waste containing silver from on-site treatment of photographic waste

06.22

Waste aluminium packaging

06.23

Other waste aluminium

0 Non-hazardous

aluminium

06.24

Copper waste

0 Non-hazardous

copper, bronze, brass

cables

06.25

Lead waste

0 Non-hazardous

lead

06.26

Other metal wastes

0 Non-hazardous

non-ferrous metal filings and turnings

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other non-ferrous metal particules

zinc

tin

06.3

Mixed metal wastes

06.31

Mixed metallic packaging

0 Non-hazardous

metallic

small metals (cans etc.)

other metals

06.32

Other mixed metallic wastes

0 Non-hazardous

wastes not otherwise specified

mixed metals

Non-metallic wastes

Glass wastes

07

07.1

07.11

Glass packaging

0 Non-hazardous

glass

07.12

Other glass wastes

0 Non-hazardous

waste glass

glass

07.2

Paper and cardboard wastes

07.21

Waste paper and cardboard packaging

0 Non-hazardous

paper and cardboard

07.22

Waste composite packaging carton

07.23

Other paper and cardboard wastes

0 Non-hazardous

fibre and paper sludge

wastes not otherwise specified

paper and cardboard

07.3

Rubber wastes

07.31

Used tyres

0 Non-hazardous

used tyres

07.32

Other rubber wastes

07.4

Plastic wastes

07.41

Plastic packaging wastes

0 Non-hazardous

plastic

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07.42

Other plastic wastes

0 Non-hazardous

waste plastics (excluding packaging)

plastics particles

waste from the plastic converter industry

plastic

small plastics

other plastics

07.5

Wood wastes

07.51

Wood packaging

0 Non-hazardous

wooden

07.52

Sawdust and shavings

0 Non-hazardous

sawdust

shavings, cuttings, spoiled timber/particle board/veneer

07.53

Other wood wastes

0 Non-hazardous

waste bark and cork

bark

wood

07.6

Textile wastes

07.61

Worn clothing

07.62

Miscellaneous textiles wastes

0 Non-hazardous

absorbents, filter materials, wiping cloths, protective clothing

clothes

non-halogenated wastes from dressing and finishing

textiles

wastes from composite materials (impregnated textile, elastomer, plastomer)

wastes from processed mixed textile fibres

wastes from processed textile fibres mainly of animal origin

wastes from processed textile fibres mainly of artificial or synthetic origin

wastes from processed textile fibres mainly of vegetable origin

wastes from unprocessed mixed textile fibres before spinning and weaving

wastes from unprocessed textile fibres and other natural fibrous substances mainly of vegetable origin

wastes from unprocessed textile fibres mainly artificial or synthetic

wastes from unprocessed textile fibres mainly of animal origin

1 Hazardous

halogenated wastes from dressing and finishing

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07.63

Leather wastes

0 Non-hazardous

waste tanned leather (blue sheetings, shavings, cuttings, buffing dust) containing chromium

wastes from dressing and finishing

wastes not otherwise specified

08

Discarded equipment

08.1

Discarded vehicles

08.11

Discarded private cars

0 Non-hazardous

end-of-life vehicles

08.12

Other discarded vehicles

0 Non-hazardous

discarded vehicles

08.2

Discarded electrical and electronic equipment

08.21

Discarded major household equipment

08.22

Discarded minor household equipment

08.23

Other discarded electrical and electronic equipment

0 Non-hazardous

single-use cameras with batteries

single-use cameras without batteries

other discarded electronic equipment (e.g. printed circuit boards)

electronic equipment (e.g. printed circuit boards)

08.3

Bulky household equipment

08.31

Bulky household equipment

08.4

Discarded machines and equipment components

08.41

Batteries and accumulators wastes

0 Non-hazardous

alkaline batteries

other batteries and accumulators

batteries

1 Hazardous

transformers and capacitors containing PCB or PCTs

lead batteries

Ni-Cd batteries

mercury dry cells

08.42

Spent catalytic equipment

0 Non-hazardous

catalysts containing precious metals removed from vehicles

other catalysts removed from vehicles

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08.43

Other discarded machines and equipment components

0 Non-hazardous

wastes not otherwise specified

equipment containing chlorofluorocarbons

other discarded equipment

equipment containing chloroflurocarbons

1 Hazardous

fluorescent tubes and other mercury containing waste

09

Animal and vegetal wastes

09.1

Waste of food preparation and products

09.11

Animal waste of food preparation and products

0 Non-hazardous

animal tissue waste

sludges from washing and cleaning

fleshings and lime split waste

liming waste

organic matter from natural products (e.g. grease, wax)

09.12

Vegetal waste of food preparation and products

0 Non-hazardous

sludges from washing and cleaning

plant tissue waste

sludges from washing, cleaning, peeling, centrifuging and separation

materials unsuitable for consumption or processing

wastes not otherwise specified

wastes from washing, cleaning and mechanical reduction of the raw material

sludges from on-site effluent treatment

09.13

Mixed waste of food preparation and products

0 Non-hazardous

materials unsuitable for consumption or processing

oil and fat

organic compostable kitchen waste (including frying oil and kitchen waste from canteens and restaurants)

wastes not otherwise specified

09.2

Green wastes

09.21

Green wastes

0 Non-hazardous

waste from forestry exploitation

compostable wastes

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09.3

Animal faeces, urine and manure

09.31

Slurry and manure

0 Non-hazardous

animal faeces, urine and manure (including spoiled straw), effluent, collected separately and treated off-site

10

Mixed ordinary wastes

10.1

Household and similar wastes

10.11

Household wastes

0 Non-hazardous

mixed municipal waste

10.12

Street cleaning wastes

0 Non-hazardous

waste from markets

street cleaning residues

10.2

Mixed and undifferentiated materials

10.21

Mixed packaging

0 Non-hazardous

mixed

10.22

Other mixed and undifferentiated materials

0 Non-hazardous

aqueous liquid waste from vitrified waste tempering

composite packaging

inorganic off-specification batches

organic off-specification batches

other inorganic wastes with metals not otherwise specified

photographic film and paper free of silver or silver compounds

solid wastes from ships' cargoes

spent blasting grit

waste not otherwise specified

wastes whose collection and disposal is not subject to special requirements in view of the prevention of
infection

wastes whose collection and disposal is not subject to special requirements in view of the prevention of
infection (e.g. dressing, plaster casts, linen, disposable clothing, diapers)

welding wastes

10.3

Sorting residues

10.31

Vehicle shredder wastes

0 Non-hazardous

light fraction from automobile shredding

10.32

Other sorting residues

0 Non-hazardous

rejects from paper and cardboard recycling

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shredder residues

non-composted fraction of municipal and similar wastes

non-composted fraction of animal and vegetable wastes

off specification compost

wastes not otherwise specified

screenings

11

Common sludges

11.1

Waste water treatment sludges

11.11

Sludges from treatment of public sewerage water

0 Non-hazardous

sludges from treatment of urban waste water

11.12

Biodegradable sludges from treatment of other waste water

0 Non-hazardous

sludges from on-site effluent treatment

waste from cooling columns

wastes not otherwise specified

sludges from the treatment of industrial waste water

wastes not otherwise specified

11.2

Sludges from purification of drinking and process water

11.21

Sludges from purification of drinking and process water

0 Non-hazardous

boiler feedwater sludges

sludges from water clarification

wastes not otherwise specified

11.3

Unpolluted dredging spoils

11.31

Unpolluted dredging spoils

0 Non-hazardous

dredging spoil

11.4

Cesspit contents

11.41

Cesspit contents

0 Non-hazardous

septic tank sludge

12

Mineral wastes

12.1

Construction and demolition wastes

12.11

Concrete, bricks and gypsum waste

0 Non-hazardous

wastes not otherwise specified

wastes from other cement-based composite materials

concrete

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bricks

gypsum based construction materials

12.12

Waste hydrocarbonised road-surfacing material

0 Non-hazardous

asphalt containing tar

asphalt (not containing tar)

tar and tar products

1 Hazardous

insulation materials containing asbestos

12.13

Mixed construction wastes

0 Non-hazardous

other insulation materials

mixed construction and demolition waste

12.2

Asbestos wastes

12.21

Asbestos wastes

0 Non-hazardous

wastes from asbestos-cement manufacture

discarded equipment containing free asbestos

wastes from the asbestos processing industry

asbestos based construction materials

1 Hazardous

wastes containing asbestos from electrolysis

12.3

Waste of naturally occurring minerals

12.31

Waste of naturally occurring minerals

0 Non-hazardous

aqueous sludges containing ceramic materials

dusty and powdery waste

fresh-water drilling muds and wastes

other non-compostable wastes

red mud from the alumina production

soil and stones

soil from cleaning and washing beet

solid wastes from primary filtration and screening

tailings

waste from mineral metaliferous excavation

waste from mineral non-metaliferous excavation

waste from stone cutting and sawing

waste from the dressing of metalferous minerals

waste from the dressing of non-metalferous minerals

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waste from washing and cleaning of minerals

waste gravel and crushed rocks

waste preparation mixture before thermal processing

waste sand and clays

wastes from desanding

wastes not otherwise specified

12.4

Combustion wastes

12.41

Waste from flue gas purification

0 Non-hazardous

calcium based reaction wastes from flue gas desulphurisation in sludge form

calcium based reaction wastes from flue gas desulphurisation in solid form

flue gas dust

other sludges from gas treatment

other solid wastes from gas treatment

sludges from gas treatment

solid wastes from gas treatment

1 Hazardous

aqueous liquid waste from gas treatment and other aqueous liquid wastes

flue gas dust

fly ash and other flue gas treatment wastes

sludges from gas treatment

solid waste from gas treatment

12.42

Slags and ashes from thermal treatment and combustion

0 Non-hazardous

aqueous sludges from boiler cleansing

bottom ash

bottom ash and slag

dross and skimmings (first and second smelting)

furnace dust

furnace slag

other particulates and dust

other particulates and dust (including ball mill dust)

other sludges

peat fly ash

phosphorous slag

pyrolysis wastes

slags (first and second smelting)

solid waste from gas treatment

unprocessed slag

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waste from the processing of slag

wastes not otherwise specified

1 Hazardous

black drosses from secondary smelting

boiler dust

calcium arsenate

dross and skimmings (first and second smelting)

fly ash

oil fly ash

other particulates and dust

primary smelting slags/white drosses

skimmings

slags (first and second smelting)

12.5

Various mineral wastes

12.51

Artificial mineral wastes

0 Non-hazardous

alumina dust

aqueous suspensions containing ceramic materials

gypsum from titanium dioxide production

off specification calcium carbonate

other particulates and dust

phosphogypsum

tiles and ceramics

waste from calcination and hydration of lime

waste glass-based fibrous materials

wastes from spirits distillation

wastes not otherwise specified

12.52

Waste refractory materials

0 Non-hazardous

casting cores and moulds containing organic binders which have not undergone pouring

casting cores and moulds containing organic binders which have undergone pouring

furnace dust

spent linings and refractories

used carbon strips and fireproof materials from electrolysis

wastes not otherwise specified

1 Hazardous

spent pot linings

spent activated carbon from flue gas treatment

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12.6

Contaminated soils and polluted dredging spoils

12.61

Polluted soils and rubble

1 Hazardous

oil spills

12.62

Polluted dredging spoil

13

Solidified, stabilised or vitrified waste

13.1

Solidified or stabilised waste

13.11

Solidified or stabilised waste

0 Non-hazardous

wastes stabilised/solidified with hydraulic binders

wastes stabilised/solidified with organic binders

wastes stabilised by biological treatment

13.2

Vitrified wastes

13.21

Vitrified wastes

0 Non-hazardous

vitrified wastes

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 28 January 1999 the Commission presented a proposal for a Council Regulation on waste

management statistics (1).

2. The Economic and Social Committee delivered its opinion on 22 September 1999 (2).

3. The Commission subsequently amended its proposal and on 9 March 2001 submitted an amended
proposal for a Regulation of the European Parliament and of the Council on waste statistics (3). The
proposal is based on Article 285 of the Treaty.

4. The European Parliament adopted its opinion at first reading on 4 September 2001.

5. On 11 December 2001 the Commission submitted an amended proposal incorporating most of the

European Parliament's amendments.

6. On 15 April 2002 the Council adopted its Common Position pursuant to Article 251 of the Treaty.

II. OBJECTIVES

The aim of this proposal is to establish a framework for the production of Community statistics for
monitoring the implementation of waste policy. Within the framework thus defined, Member States
will have to submit regular statistics on waste generation, recovery and disposal.

III. ANALYSIS OF THE COMMON POSITION

A. GENERAL COMMENTS

A logical classification system, one which is based on management practice but which is unam-
biguous (without overlaps, for example), scientifically justified and based on unequivocal common
definitions, is essential for the production of statistics. Such preconditions do not yet exist in certain
areas, such as waste arising from agriculture and fishing or the import and export of waste. The
Common Position recommends that pilot studies should be conducted that assess the relevance and
feasibility of obtaining data and evaluate the costs and benefits of collecting the data and the burden
on enterprises, in order to decide whether such areas are to be incorporated into the scope of the
Regulation.

A proper balance needs to be struck between relevant statistics which help achieve the objective
sought and the workload on and cost to undertakings and public administrations. The Common
Position favours high-quality statistics produced at regular intervals rather than over-frequent and
excessively detailed statistics. However, data must be produced sufficiently frequently to ensure that
international
statistical
requirements will help optimise the information system. For these reasons, a two-year period has
been chosen in the end in the Common Position for all Community waste statistics.

rapidly available. Moreover,

synchronisation with other

series

are

The comparability of the data submitted by Member States must be guaranteed by establishing
minimum quality standards. However, such comparability is not affected by Member States' freedom
to choose their statistical methods. Member States must continue to enjoy such freedom in
accordance with the subsidiarity principle;
it enables methods to be adapted to Member States'
different economic structures and technical conditions, thereby ensuring better overall quality at the
lowest cost.

(1) OJ C 87, 29.3.1999, p. 22.
(2) OJ C 329, 17.11.1999, p. 17.
(3) OJ C 180 E, 26.6.2001, p. 202.

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The technical characteristics do not fall within the scope of legislative acts; they must be established
in accordance with the committee procedure.

B. SPECIFIC COMMENTS

1. Council position on the European Parliament's amendments

1.1. The Council has incorporated amendments 1, 5 and 25 into its Common Position.

1.2. The Council has taken over the following amendments in principle or in part:

Amendments 2 and 11 (recital 7 and Article 4):

The Council cannot accept the total abolition of the transitional period since Member States
must be given time to adapt their national statistical systems to the requirements of the
Regulation which is to be adopted. The fact that work on this proposal has been going on
for some time cannot justify the abolition of the transitional period, as it is only when the
text is adopted, when its content is certain, that Member States will be able with confidence
to start making the national changes necessary for its implementation.

Nevertheless, in order to respond to the concerns expressed by the European Parliament, the
Council has:

— restricted the scope of the transitional period to those activities in respect of which

major changes have to be made,

— underlined the individual nature of a Member State's request for derogation based on
problems specific to that State which are to be examined in accordance with the
committee procedure.

Amendments 3 and 12 (Articles 1 and 5):

The Council acknowledges that there is a political need for the collection of data on the
import and export of waste. However, preparatory work must be carried out in order to
resolve certain technical problems (inter alia the development of a methodology and
common definitions) before such areas are incorporated into the Regulation.

Nevertheless, the Council has amended paragraphs 4 and 5 of Article 5 in order to give a
firmer guarantee that statistics on the import and export of waste will be collected as soon
as possible.

Amendment 4 (Article 1(4)):

The Council shares the European Parliament's reasoning. However, it has adopted a different
wording, as a legislative text cannot refer to a text which no longer applies (Decision
94/3/EC). The emphasis is placed on the mainly substance-oriented statistical nomenclature.
It is also stated that Annex III will have to be adapted in accordance with the committee
procedure in order to take account of Commission Decision 2000/532/EC, which replaced
Decision 94/3/EC (new paragraph 5 of the Common Position).

This new wording involves the following changes in order to make the text consistent:

— Annex II, Section 2: deletion of paragraphs 1 and 2,

— Annex III:

— change in the title,

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— deletion of the codes preceding the headings (as they no longer apply) and purely
editorial correction of the headings as a result of the deletion of the codes (some
headings appeared several times under different codes; once the codes were deleted,
the repetition of the headings no longer made sense).

Amendments 6, 7 and 8 (Article 3(1)):

The Council has incorporated the editorial amendments made by the European Parliament in
the first subparagraph.

However, the Council cannot accept a uniform method of collection. Waste management is
not organised by the same structures in all Member States. In accordance with the subsi-
diarity principle, it is for each Member State to adapt its method of collection to its own
context. A uniform method of collection is unnecessary, unworkable and would lead to
higher costs in return for poorer quality. The collection of data and results must be based on
minimum quality standards, but the method used to comply with those standards must be
chosen freely by Member States.

Amendment 10 (Article 3(3)):

The Council has accepted the deletion requested by the European Parliament. However, the
economic structures and technical conditions existing in a Member State may justify that
State being unable to communicate certain data. Nevertheless, the Council considers that the
quality of the data provided must not suffer as a result (for example, there cannot be
exemptions from the production of overall results), and that
this question must be
analysed and settled on a case-by-case basis in accordance with the committee procedure.
It has therefore transferred the deleted text, with a more restricted wording, to Article 6(c).

Amendment 13 (Article 7(1)):

This amendment cannot be accepted as it stands because the appointment of two or more
committees to assist the Commission with a view to the adoption of a single measure
contravenes Decision 1999/468/EC. As the text in question is a legislative text relating to
statistics, the Commission must be assisted by the Statistical Programme Committee in
accordance with Article 19 of Regulation (EC) No 322/97. However, bearing in mind the
European Parliament's wish to encourage cooperation between statisticians and technicians,
Article 7(4) has been amended to strengthen the advisory role of the Committee for the
adaptation to scientific and technical progress of EC legislation.

Amendment 14 (Article 8(2)):

The Council shares the European Parliament's views that the proposals abolishing over-
lapping reporting obligations must be submitted as soon as possible. The words ‘where
appropriate’ have been deleted in accordance with the European Parliament's amendment.
However, it does not seem realistic to set a deadline before the first reporting year. A review
of reporting obligations also forms part of the measures set out in the proposal for a sixth
environmental action programme which is currently being examined by the European
Parliament and the Council;
the revisions planned for that programme and for this
proposal must be conducted in parallel. Two years would appear to be a reasonable
deadline.

Amendments 15 and 20 (Annex I, Section 1 and Annex I, Section 8, paragraph 1.1):

The Council has accepted the deletion of the exclusion of Division 12 of NACE REV. 1.

With regard to waste arising from agriculture, hunting, forestry and fishing, the Council
shares the European Parliament's opinion that these economic activities are not insignificant
sources of waste for which a management policy must be put in place. The Council
considers that assessment of the relevance and feasibility of obtaining data and evaluation
of the costs and benefits of collecting the data, and the burden on enterprises in these areas
should be clarified by pilot studies; to that end, it has added a new paragraph 2 to Annex I,
Section 1.

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Amendments 16, 22 and 23 (Annex I, Section 2, List of categories, items 31 and 32 (new);
Annex II, Section 2, ‘Recovery’ table, items 12 and 13 (new); Annex II, Section 2, ‘Disposal’
table, item 5):

The Council has accepted the spirit of the European Parliament's amendment, which aims to
separate animal wastes from vegetal wastes, with regard to Annex I and the ‘Recovery’ table
in Annex II, but has reworded it to take account of the terminology used in Annex III. It
cannot accept it for the ‘Disposal’ table in Annex II because it is unworkable in the case of
landfill, or would involve excessively high and unjustified costs in that case.

Amendments 18 and 24 (Annex I, Section 5 and Annex II, Section 5):

The Council considers that it is more important to ensure the collection of high-quality data
than to increase their frequency. An annual survey in an area in which data change little
from one year to the next cannot be justified from the point of view of the additional costs
which it would incur for both the community and undertakings. However, in order to take
account of the concerns expressed by the European Parliament and to make the text
consistent, the Council has reduced to two years the periodicity for the production of
statistics in the two Annexes.

Amendment 26 (Annex II, Section 8, ‘Recovery’ table):

The Council has accepted the amendment but has made the table heading clearer (recovery
‘excluding energy recovery’), as the introduction of the word ‘recovery’ without further
clarification could lead to confusion given that it also covers incineration with energy
recovery (which is already included in the previous heading ‘incineration’).
In order to
ensure consistency throughout the text, the same change has been made to Annex II,
Section 2. The Council has retained the ‘+’ signs to make it clear that the data to be
supplied correspond to the total of the data for item 3.

Amendment 27 (Annex II, Section 8, ‘Disposal’ table):

The Council has adopted the wording of the amendment but has retained the breakdown of
the disposal operations in items 4 and 5 as they appeared in the Commission proposal. The
intention is to bring data on disposal operations carried out in landfill sites (final disposal
operations in a fixed permanent site) under the same heading: land treatment (D2) does not
form part of this category and must remain under item 5, while surface impoundment (D4)
must remain under item 4.

The Council has retained the ‘+’ signs to make it clear that the data to be supplied
correspond to the total of the data for item 4 and item 5.

1.3. The Council has not taken over the following amendments:

Amendments 9 (Article 3(2)) and 19 (Annex I, Section 7, paragraph 1):

These amendments relate to technical specifications which do not belong in a legislative text
and which are not sufficiently justified with regard to the criteria adopted. Such technical
specifications must be established in accordance with the committee procedure following a
detailed examination of all the aspects to be taken into account.

Amendment 17 (Annex I, Section 2, List of categories, old item 35 (item 36 in the Common
Position)):

As Decision 2000/532/EC amended the European Waste Catalogue (EWC) with regard to
this point, the Council considers it reasonable to wait until Annex III has been adapted to
the new Decision before deciding whether a specific heading for ‘dredging spoils’ should be
inserted into the Regulation.

Amendments 21 (Annex I, Section 8, paragraph 2) and 28 (Annex II, Section 8, paragraph 4):

The Council considers that Member States should be free to choose their statistical method
on the basis of the business registers which they have at their disposal, especially since
comparable results can be obtained irrespective of whether statistics are collected by local
units or kind of activity units.

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2. Amended Commission proposal

2.1. The Council's Common Position differs from the amended Commission proposal with regard

to:

amendments 2 and 11 (transitional period);

amendments 15 and 20 (agriculture, hunting, forestry and fishing);

amendments 16, 22 and 23 (‘animal wastes’ item). With regard to amendments 16 and 22,
the Council considers that the need to include the item ‘animal faeces, urine and manure’, as
set out in the amended Commission proposal, cannot be established until the pilot studies
have been carried out concerning the inclusion of agriculture in the statistics (see point 1.2,
amendments 15 and 20). It would still be possible to include it in accordance with the
committee procedure;

amendment 17 (Annex I, List of categories: dredging spoils);

amendment 24 (frequency of production of data in the context of Annex II);

amendment 27 (Annex II, Section 8, breakdown of disposal operations in items 4 and 5).

2.2. The Council has accepted the editorial clarifications made by the Commission to Annex II,

Section 7(1), and Section 8(1).

Furthermore, the Council has:

— deleted the now superfluous codes in Annex II, Section 3(1), and Section 8(1);

— decided that Annex II, Section 8(1), should refer to all three items in Section 3 and not

just to the total quantity of waste treated (item 3).