Proposal for a COUNCIL REGULATION on defining criteria determining when recovered paper ceases to be waste pursuant to Article 6 (1) of Directive 2008/98/EC on waste
Date: 2013-07-09
Institutions: European Commission
Subjects: environmental protection, paper, prevention of pollution, traceability, waste recycling

EUROPEAN 
COMMISSION 

Brussels, 9.7.2013  
COM(2013) 502 final 

2013/0235 (NLE) 

Proposal for a 

COUNCIL REGULATION 

on defining criteria determining when recovered paper ceases to be waste pursuant to 
Article 6 (1) of Directive 2008/98/EC on waste 

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EXPLANATORY MEMORANDUM 

Pursuant to Article 6 (1) of Directive 2008/98/EC on waste certain specified waste shall cease 
to be waste when it has undergone a recovery operation and complies with specific criteria to 
be developed in line with the legal conditions laid down in this provision. In accordance with 
Article  6(2)  of  this  directive  such  criteria  should  be  set  for  specific  materials  by  the 
Commission  and  be  adopted  in  the  regulatory  procedure  with  scrutiny  referred  to  in  Article 
39(2) of the directive. 

Accordingly,  the  Commission  submitted  a  draft  Regulation  for  vote  in  the  Committee 
established  under  Article  39  of  the  directive.  The  Committee  did  not  give  a  favourable 
opinion  on  the  draft  Regulation  in  its  meeting  on  9  July  2012.  The  chief  concern  raised  by 
some  Member  States  was  the  inclusion  of  multi-layered  material  under  the  scope  of  the 
Commission  Regulation  as  this  material  containing  up  to  25%  of  non-paper  material  would 
represent  a  hazard  to  the  environment  if  treated  improperly.  The  Commission  took  note  of 
this; however it maintains and refers the same legal proposal to the Council since by virtue of 
Article 3(5) and Section 3 of Annex I the non-paper fraction is subject to an obligation to be 
recovered and a traceability system, respectively.  

Thus,  in  accordance  with  the  procedure  set  out  in  Article  5(a)  of  Decision  1999/468/EC  a 
Proposal  for  a  Council  Regulation  is  submitted  to  Council  and  forwarded  to  the  European 
Parliament. 

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2013/0235 (NLE) 

Proposal for a 

COUNCIL REGULATION 

on defining criteria determining when recovered paper ceases to be waste pursuant to 
Article 6 (1) of Directive 2008/98/EC on waste 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union, 

Having regard to Directive 2008/98/EC of the European Parliament and of the Council of 19 
November  2008  on  waste  and  repealing  certain  Directives1  and  in  particular  Article  6  (2) 
thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

It results from an evaluation of several waste streams that recycling markets for paper 
would  benefit  from  the  development  of  specific  criteria  determining  when  paper 
obtained from waste ceases to be waste. Those criteria should ensure a high level of 
environmental  protection.  They  should  be  without  prejudice  to  the  classification  of 
recovered paper as waste by third countries. 

Reports of the Joint Research Centre of the European Commission have shown that a 
market and demand exist for recovered paper to be used as feedstock in paper mills. 
Recovered paper should therefore be sufficiently pure and meet the relevant standards 
or specifications required by the paper producing industry. 

The criteria determining when recovered paper ceases to be waste should ensure that 
paper resulting from a recovery operation meet the technical requirements of the paper 
producing  industry,  comply  with  existing  legislation  and  standards  applicable  to 
products  and  do  not  lead  to  overall  adverse  environmental  or  human  health  impacts. 
Reports  of  the  Joint  Research  Centre  of  the  European  Commission  have  shown  that 
the  proposed  criteria  on  the  waste  used  as  input  in  the  recovery  operation,  on  the 
treatment processes and techniques, as well as on the paper resulting from the recovery 
operation fulfil those objectives as they should result in the generation of paper devoid 
of hazardous properties and sufficiently free of non-paper components. 

In  order  to  ensure  compliance  with  the  criteria,  it  is  appropriate  that  information  on 
recovered paper which has ceased to be waste is issued and that a management system 
is implemented. 

In order to allow operators to adapt to the criteria determining when recovered paper 
ceases  to  be  waste,  it  is  appropriate  to  provide  for  for  a  reasonable  period  to  elapse 
before this Regulation applies. 

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OJ L 312, 22.11.2008, p. 3. 

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(6) 

(7) 

Specific  end-of-waste  criteria  should  be  set  up  for  multi-material  paper  with  a  high 
content of non-paper material in order to ensure that effectively the paper is recycled 
and the non-paper materials are recovered. 

The committee established by Article 39 of Directive 2008/98/EC has not delivered an 
opinion  on  the  measures  provided  for  in  this  Regulation,  the  Commission  therefore 
submitted to the Council a proposal relating to those measures and forwarded it to the 
European Parliament. 

HAS ADOPTED THIS REGULATION: 

Article 1 

Subject matter 

This Regulation establishes criteria determining when recovered paper destined for the use of 
paper fibres for paper manufacturing ceases to be waste. 

Article 2 

Definitions 

For the purposes of this Regulation, the definitions set out in Directive 2008/98/EC shall 
apply. 

In addition, the following definitions shall apply: 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

'recovered paper' means paper and cardboard generated from the recovery of waste;  

‘recovered  multi-material  paper’  means  recovered  paper,  such  as  used  beverage 
cartons and layered and coated packaging, containing more than 5% of air dry weight 
of non-paper materials that cannot be separated using dry sorting techniques. 

'holder' means the natural or legal person who is in possession of recovered paper; 

'producer' means the holder who transfers recovered paper to another holder for the 
first time as recovered paper which has ceased to be waste; 

'importer'  means  any  natural  or  legal  person  established  within  the  Union  who 
introduces recovered paper which has ceased to be waste into the customs territory of 
the Union; 

'qualified  staff'  means  staff  which  is  qualified  by  experience  or  training  to  monitor 
and assess the properties of recovered paper; 

'visual  inspection'  means  inspection  of  recovered  paper  covering  all  parts  of  a 
consignment and using human senses or any non-specialised equipment;  

'consignment' means a batch of recovered paper which is intended for delivery from 
a producer to another holder and may be contained in either one or several transport 
units, such as containers; 

Article 3 

Criteria for recovered paper  

Recovered  paper  shall  cease  to  be  waste  where,  upon  transfer  from  the  producer  to  another 
holder, all of the following conditions are fulfilled: 

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1. 

2. 

3. 

4. 

5. 

1. 

2. 

the paper resulting from the recovery operation complies with the criteria set out in 
Section 1 of Annex I; 

the waste used as input for the recovery operation complies with the criteria set out in 
Section 2 of Annex I; 

the  waste  used  as  input  for  the  recovery  operation  has  been  treated  in  accordance 
with the criteria set out in Section 3 of Annex I; 

the producer or importer has satisfied the requirements set out in Articles 4 and 5; 

the recovered paper is destined for the use of paper fibres for paper manufacturing. In 
addition,  the  non-paper  materials  in  consignments  of  multi-material  paper  are 
destined for recovery. 

Article 4 

Statement of conformity 

The producer or the importer shall issue, for each consignment of recovered paper, a 
statement of conformity conforming to the model set out in Annex II. 

The producer or the importer shall transmit the statement of conformity to the next 
holder of the recovered paper consignment. The producer or the importer shall retain 
a copy of the statement of conformity for at least one year after its date of issue and 
shall make it available to competent authorities upon request. 

3. 

The statement of conformity may be in electronic form. 

Article 5 

Management system 

1. 

2. 

The  producer  shall  implement  a  management  system  suitable  to  demonstrate 
compliance with the criteria referred to in Article 3. 

The  management  system  shall  include  a  set  of  documented  procedures  concerning 
each of the following aspects: 

(a)  monitoring  of  the  quality  of  recovered  paper  resulting  from  the  recovery 
operation as set out in Section 1 of Annex I (including sampling and analysis); 

(b) 

acceptance control of waste used as input for the recovery operation as set out 
in Section 2 of Annex I; 

(c)  monitoring of the treatment processes and techniques described in Section 3 of 

Annex I; 

(d)  monitoring  of  the  recovery  operation  of  non-paper  components  of  multi-

material paper as set out in Section 3 of Annex I, where appropriate; 

(e) 

(f) 

(g) 

(h) 

feedback from customers concerning compliance with recovered paper quality; 

record keeping of the results of monitoring conducted under points (a) to (d); 

review and improvement of the management system; 

training of staff. 

3. 

The management system shall also prescribe the specific monitoring requirements set 
out  in  Annex  I  for  each  criterion.  In  particular  as  regards  multi-material  paper,  the 

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4. 

producer  shall  keep  records  for  at  least  three  years,  of  the  identification  of  next 
holders until the recovery of all the materials in the multi-material paper and of the 
amounts transferred, and shall make these records available to competent authorities 
upon request. 
A conformity assessment body, as defined in Regulation (EC) No 765/20082 of the 
European  Parliament  and  of  the  Council,  which  has  obtained  accreditation  in 
accordance  with  that  Regulation,  or  an  environmental  verifier,  as  defined  in  Art  2 
(20)  (b)  of  Regulation  (EC)  No  1221/20093  of  the  European  Parliament  and  of  the 
Council,  which  is  accredited  or  licensed  in  accordance  with  that  Regulation,  shall 
verify  that  the  management  system  complies  with  the  requirements  of  this  Article. 
The  verification  shall  be  carried  out  every  three  years.  Only  verifiers  with  the 
following scopes of accreditation or licence based on the NACE Codes as specified 
in  Regulation  (EC)  No  1893/20064  of  the  European  Parliament  and  of  the  Council 
are  regarded  to  have  sufficient  specific  experience  to  perform  the  verification 
mentioned in this Regulation: 

*  NACE  Code  38  (Waste  collection,  treatment  and  disposal  activities;  material 
recovery); or 

* NACE Code 17 (Manufacture of paper and paper products). 

5. 

The  importer  shall  require  his  suppliers  to  implement  a  management  system  which 
complies with the requirements of paragraphs 1, 2 and 3 of this Article and has been 
verified by an independent external verifier. 

The management system of the supplier shall be certified by a conformity assessment 
body  which  is  accredited  by  an  accreditation  body  successfully  peer  evaluated  for 
this activity by the body recognised in Article 14 of Regulation (EC) 765/2008; or by 
an  environmental  verifier  which  is  accredited  or  licensed  by  an  accreditation  or 
licensing body according to Regulation (EC) No 1221/2009 which is also subject to 
peer evaluation according to Article 31 of that Regulation, respectively. 

Verifiers who want to operate in third countries must obtain a specific accreditation 
or  licence,  in  accordance  with  the  specifications  laid  down  in  Regulation  (EC)  No 
765/2008  or  Regulation  (EC)  No  1221/2009  together  with  Commission  Decision 
2011/832/EU5. 

6. 

The  producer  shall  give  competent  authorities  access  to  the  management  system 
upon request. 

Article 6 

Entry into force 

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

It shall apply from 1 January 2014. 

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OJ L 218, 13.8.2008, p. 30. 
OJ L 342, 22.12.2009, p. 1. 
OJ L 393, 30.12.2006, p. 1. 
OJ L 330, 14.12.2011, p. 25. 

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This Regulation shall be binding in its entirety and directly applicable in the Member States in 
accordance with the Treaties. 

Done at Brussels,  

For the Council 
The President

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Section 1. Quality of paper resulting from the recovery operation 

Criteria 

Self-monitoring requirements 

ANNEX I 

Criteria for recovered paper 

1.1 

1.2 

The paper resulting from the recovery operation shall be graded 
according to the European standard EN 643. 

Qualified staff shall grade each consignment. 

The non-paper component content shall be less than or equal to 
1.5 % of air dry weight. 

A  non-paper  component  is  any  material  different  from  paper, 
which is present in recovered paper, and can be separated using 
dry  sorting  techniques.  Examples  of  non-paper  components  are 
metals,  plastic,  glass,  textiles,  earth,  sand,  ash,  dust,  wax, 
bitumen,  ceramics,  rubber,  fabric,  wood,  and  synthetic  organic 
substances. 

Mineral  fillers  bound  to  paper  fibres  such  as  clay,  calcium 
carbonate, and starch are considered as part of paper and do not 
count as non-paper components. 

Multi-material  paper  with  a  content  of  non-paper  materials  of 
more  than  30%  of  air  dry  weight  shall  count  in  its  totality  as 
non-paper component. 

Qualified staff shall carry out visual inspection of each consignment. 

At  appropriate intervals and subject to review if significant changes in 
the operating process are made, representative samples of each grade of 
recovered  paper  shall  be  analysed  gravimetrically  to  measure  the 
content  of  non-paper  components.  The  non-paper  components  content 
shall  be  analysed  by  weighing  after  mechanical  or  manual  (as 
appropriate) separation of materials under careful visual inspection. 

The  appropriate  frequencies  of  monitoring  by  sampling  shall  be 
established taking into account the following factors: 

the expected pattern of variability (for example as shown by historical 

results); 

the inherent risk of variability in the quality of the waste used as input 
for  the  recovery  operation  and  any  subsequent  processing,  for 
instance  the  higher  average  content  of  plastics  or  glass  in  sorted 
paper from multi-material collection systems; 

the inherent precision of the monitoring method; and 

the  proximity  of  results  of  the  non-paper  components  content  to  the 

maximum limitation of 1.5 % of air dry weight. 

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1.3 

The recovered paper, including its constituents and in particular 
ink  and  dyes,  shall  not  display  any  of  the  hazardous  properties 
listed  in  Annex  III  to  Directive  2008/98/EC.  The  recovered 
paper  shall  comply  with  the  concentration  limits  laid  down  in 
Commission  Decision  2000/532/EC6,  and  not  exceed  the 
concentration  limits  laid  down  in  Annex  IV  of  Regulation 
850/2004/EC7 of the European Parliament and of the Council. 

1.4 

Recovered paper must not contain absorbed oil, solvents, paint, 
aqueous  and/or  fatty  foodstuffs  that  can  be  detected  by  visual 
inspection. 

The  process  of  determining  monitoring  frequencies  should  be 
documented as part of the management system and should be available 
for auditing. 

Qualified staff shall carry out a visual inspection of each consignment. 
Where visual inspection reveals any indications for possible hazardous 
properties, further appropriate monitoring measures shall be taken, such 
as sampling and testing, where appropriate. 

The staff shall be trained on potential hazardous properties that may be 
associated with recovered paper and on material components or features 
that allow hazardous properties to be recognised. 

The procedure of recognising hazardous materials shall be documented 
under the management system. 

Qualified staff shall carry out a visual inspection of each consignment. 
Where  visual  inspection  reveals  signs  of  fluid  absorption  except  water 
that may result in e.g. mould growth or odours, and these signs are non-
negligible, the consignment shall remain waste. 

The staff shall be trained on potential types of contamination that may 
be  associated  with  recovered  paper  and  on  material  components  or 
features that allow recognising the contaminants. 

The procedure of recognising contamination shall be documented under 
the management system. 

Section 2. Waste used as input for the recovery operation 

2.1 

Hazardous waste, bio-waste, mixed municipal waste, health care 
waste, and used products of personal hygiene shall not be used 

Acceptance  control  of  all  paper-containing  waste  received  (by  visual 
inspection) and of the accompanying documentation shall be carried out 

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OJ L 226, 6.9.2000, p. 3. 
OJ L 229, 30.4.2004, p. 1. 

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as input. 

by qualified staff which is trained on how to recognise paper-containing 
input that does not fulfil the criteria set out in this Section. 

Section 3. Treatment processes and techniques 

3.1 

3.2 

3.3 

The  waste  paper  shall  have  been  segregated  at  source  or  while 
collecting, or the input wastes shall have been treated to separate 
the  paper  from  the  non-paper  components.  The  paper  resulting 
from these operations shall be kept separate from any other waste. 

All  treatments  needed  to  prepare  the  paper  for  direct  input  to 
pulping  in  the  manufacture  of  paper  products,  such  as  sorting, 
separating, cleaning, or grading,  and except  de-baling, shall have 
been completed. 

The  non-paper  materials  held  in  consignments  that  contain  more 
than 1.5% of air dry weight of multi-material paper shall undergo 
a  dedicated  treatment  process.  The  different  materials  in  multi-
material paper shall be effectively separated from each other. The 
separated paper fibres from the multi-material paper shall be used 
for paper manufacturing. The non-paper materials separated from 
the multi-material paper shall be recovered. 

As  regards  multi-material  paper  consignments,  the  producer/importer 
shall identify the next holders of the consignment as well as the amounts 
transferred  until  the  recovery  of  all  the  materials  in  the  multi-material 
paper.  Such  identification  can  be  undertaken  by  use  of  a  traceability 
system. 

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Statement of Conformity with the end-of-waste criteria referred to in Article 4(1) 

Annex II 

1.  Producer/importer of the recovered paper: 

Name: 

Address: 

Contact person: 

Telephone: 

Fax: 

E-mail: 

2.  a) Grade of waste paper in accordance with standard EN-643: 

b) Content of non-paper components, in percentage points of air dry weight: 

c) Origin of the material (tick where appropriate). 

c.1) multi-material origin, such as from comingled collection. 

c.2) mono-material origin, such as from source-separated collection. 

3.  The consignment complies with the specifications of standard EN-643. 

4.  Quantity of the consignment in kg. 

5.  This  consignment  meets  the  criteria  referred  to  in  paragraphs  (1)  to  (3)  of  Article  3  of 

(Regulation). 

6.  The producer of the recovered paper applies a management system complying with the 
requirements  of  Regulation  No…  [will  be  inserted  once  the  regulation  adopted],  and 
which  has  been  verified  by  an  accredited  conformity  assessment  body  or  by  an 
environmental verifier or, where paper which has ceased to be waste is imported into the 
customs territory of the Union, by an independent external verifier. 

7.  The  material  in  this  consignment  is  intended  exclusively  for  the  use  of  paper-fibres  for 
paper  manufacturing,  and  where  applicable,  also  for  the  recovery  of  the  non-paper 
materials contained in multi-material paper. 

8. 

Declaration of the producer/importer of the recovered paper: 

I certify that the above information is complete and correct and to my best knowledge: 

Name: 

Date: 

Signature: 

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