Regulation (EC) No 221/2009 of the European Parliament and of the Council of 11 March 2009 amending Regulation (EC) No 2150/2002 on waste statistics, as regards the implementing powers conferred on the Commission (Text with EEA relevance )
Date: 2009-03-11
Institutions: Council of the European Union, European Parliament
Subjects: European Commission, drafting of EU law, power of implementation, statistics, waste

31.3.2009

EN

Official Journal of the European Union

L 87/157

REGULATION (EC) No 221/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 11 March 2009

amending Regulation (EC) No 2150/2002 on waste statistics, as regards the implementing powers
conferred on the Commission

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 285(1) thereof,

essential elements of Regulation (EC) No 2150/2002, inter
alia by supplementing it with new non-essential elements,
they must be adopted in accordance with the regulatory
procedure with scrutiny provided for in Article 5a of
Decision 1999/468/EC.

Having regard to the proposal from the Commission,

(5) Regulation (EC) No 2150/2002 should therefore be

amended accordingly,

Having consulted the European Economic and Social Committee,

HAVE ADOPTED THIS REGULATION:

Acting in accordance with the procedure laid down in Article 251
of the Treaty (1),

Whereas:

(1) Regulation (EC) No 2150/2002 (2) provides that certain
measures are to 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 (3).

for

(2) Decision 1999/468/EC has been amended by Deci-
sion 2006/512/EC (4), which introduced the regulatory
procedure with scrutiny for the adoption of measures of
general
scope and designed to amend non-essential
elements of a basic instrument adopted in accordance with
the procedure referred to in Article 251 of the Treaty, inter
alia by deleting some of those elements or by supplement-
ing the instrument with new non-essential elements.

(3)

(4)

In accordance with the statement by the European
the Council and the Commission (5) on
Parliament,
Decision 2006/512/EC, for the regulatory procedure with
scrutiny to be applicable to instruments adopted in
accordance with the procedure referred to in Article 251
of the Treaty which are already in force, those instruments
must be adjusted in accordance with the applicable
procedures.

The Commission should be empowered to define the
proper quality evaluation criteria and the contents of the
quality reports, to implement the results of the pilot studies
and to adapt the contents of the annexes. Since those
measures are of general scope and seek to amend non-

(1) Opinion of the European Parliament of 23 September 2008 (not yet
Journal) and Council Decision of

published in the Official
26 February 2009.

(2) OJ L 332, 9.12.2002, p. 1.
(3) OJ L 184, 17.7.1999, p. 23.
(4) OJ L 200, 22.7.2006, p. 11.
(5) OJ C 255, 21.10.2006, p. 1.

Article 1

Regulation (EC) No 2150/2002 is amended as follows:

1.

Article 1(5) shall be replaced by the following:

‘5. The Commission shall establish a table of equivalence
between the statistical nomenclature of Annex III to this
Regulation and the list of waste established by Deci-
sion 2000/532/EC (*). This measure, designed to amend
non-essential elements of this Regulation, by supplement-
ing it, shall be adopted in accordance with the regulatory
procedure with scrutiny referred to in Article 7(3) of this
Regulation.

(*) OJ L 226, 6.9.2000, p. 3.’;

2.

Article 3(1) shall be replaced by the following:

‘1. Member States shall, whilst complying with conditions
as to quality and accuracy to be defined in accordance with
the second subparagraph, acquire the data necessary for the
specification of the characteristics listed in Annexes I and II
by means of:

— surveys,

— administrative or other sources, such as the reporting
obligations under Community legislation on waste
management,

— statistical estimation procedures on the basis of

samples or waste-related estimators, or

— a combination of these means.

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The quality and accuracy conditions shall be defined by the
Commission. Those measures, designed to amend non-
essential elements of this Regulation, by supplementing it,
shall be adopted in accordance with the regulatory
procedure with scrutiny referred to in Article 7(3).

(b)

setting out

the appropriate format

the
for
transmission of results by Member States within two
years from the date of entry into force of
this
Regulation.

for

to reduce

response burdens,

In order
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 administrative data sources.’;

3.

In Article 4(3), the second subparagraph shall be replaced
by the following:

the necessary

studies. On the basis of

‘The Commission shall finance up to 100 % of the costs for
the
conducting the pilot
the pilot studies, the Commission shall
conclusions of
adopt
implementing measures. Those
measures, designed to amend non-essential elements of
this Regulation, by supplementing it, shall be adopted in
accordance with the regulatory procedure with scrutiny
referred to in Article 7(3) of this Regulation.’;

4.

Article 5(4) shall be replaced by the following:

‘4. On the basis of the conclusions of the pilot studies, the
Commission shall inform the European Parliament and the
Council of the possibilities of compiling statistics for the
activities and characteristics covered by the pilot studies for
import and export of waste. The Commission shall adopt
the necessary implementing measures. Those measures,
designed to amend non-essential elements of this Regula-
tion, by supplementing it, shall be adopted in accordance
with the regulatory procedure with scrutiny referred to in
Article 7(3).’;

5.

Article 6 shall be replaced by the following:

‘Article 6

Implementing measures

1. The measures necessary for the implementation of this
Regulation shall be adopted in accordance with the
regulatory procedure referred to in Article 7(2).

In particular, these shall include measures:

(a)

(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;

2. However, measures designed to amend non-essential
elements of this Regulation, inter alia by supplementing it,
relating in particular to the following purposes, shall be
adopted in accordance with the regulatory procedure with
scrutiny referred to in Article 7(3):

(a)

for adjustment to economic and technical develop-
ments 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;

(c)

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;

(d)

for implementation of the results of the pilot studies,
as specified in Article 4(3) and Article 5(1).’;

6.

Article 7 shall be replaced by the following:

‘Article 7

Committee procedure

1. The Commission shall be assisted by the Statistical
Programme Committee
established by Article 1 of
Decision 89/382/EEC, Euratom (*).

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. Where reference is made to this paragraph, Article 5a
(1) to (4) and Article 7 of Decision 1999/468/EC shall
apply, having regard to the provisions of Article 8 thereof.

4. The Commission shall transmit to the Committee set
up by Directive 2006/12/EC of the European Parliament
and of the Council of 5 April 2006 on waste (**) the draft
measures that
to the Statistical
intends to submit
Programme Committee.

it

(*) OJ L 181, 28.6.1989, p. 47.
(**) OJ L 114, 27.4.2006, p. 9.’;

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7.

Article 8(3) shall be replaced by the following:

9.

Annex II shall be amended as follows:

‘3. The Commission shall, within two years after the entry
into force of
this Regulation, submit to the European
Parliament and the Council a report on the progress of the
pilot studies referred to in Article 4(3) and Article 5(1). If
necessary, it shall propose revisions of the pilot studies, to
be decided upon in accordance with the regulatory
procedure with scrutiny referred to in Article 7(3).’;

8.

Annex I shall be amended as follows:

(a)

Section 2(2) shall be replaced by the following:

‘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 3) in the breakdown list set out in
point 1. The Commission will finance up to 100 % of
the costs for conducting these pilot studies. On the
basis of
the
Commission will adopt the necessary implementing
measures. Those measures, designed to amend non-
essential elements of this Regulation, by supplement-
ing it, shall be adopted in accordance with the
regulatory procedure with scrutiny referred to in
Article 7(3).’;

the conclusions of

the pilot studies,

(b)

Section 7(1) shall be replaced by the following:

‘1.
For each item listed in Section 8 (activities and
households), Member States will indicate the percen-
tage to which the compiled statistics represent the
the respective item. The
universe of waste of
minimum requirement
the coverage will be
for
defined by the Commission. Those measures, designed
to amend non-essential elements of this Regulation,
by supplementing it, shall be adopted in accordance
with the regulatory procedure with scrutiny referred
to in Article 7(3).’;

(a)

Section 7(1) shall be replaced by the following:

indicate

‘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
the
percentage to which the compiled statistics represent
the universe of waste of the respective item. The
minimum requirement
the coverage will be
for
defined by the Commission. Those measures, designed
to amend non-essential elements of this Regulation,
by supplementing it, shall be adopted in accordance
with the regulatory procedure with scrutiny referred
to in Article 7(3).’;

(b)

Section 8(3) shall be replaced by the following:

‘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 opera-
tions, as defined in Annexes II.A and II.B of Directive
2006/12/EC. The Commission will
finance up to
100 % of the costs for conducting these pilot studies.
On the basis of the conclusions of the pilot studies,
the Commission will adopt the necessary implement-
ing measures. Those measures, designed to amend
non-essential elements of this Regulation, by supple-
menting it, shall be adopted in accordance with the
regulatory procedure with scrutiny referred to in
Article 7(3).’.

Article 2

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

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

Done at Strasbourg, 11 March 2009.

For the European Parliament

The President

H.-G. PÖTTERING

For the Council

The President

A. VONDRA