Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 1999/31/EC on the landfill of waste
Date: 2015-12-02
Institutions: Directorate-General for Environment, European Commission
Subjects: biodegradability, environmental impact, fight against wastage, national implementing measure, quality of the environment, storage of waste, waste, waste disposal, waste recycling

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   EUROPEAN COMMISSION  Brussels, 2.12.2015  COM(2015) 594 final 2015/0274 (COD)   Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 1999/31/EC on the landfill of waste (Text with EEA relevance) {SWD(2015) 259 final} {SWD(2015) 260 final}  
 
EXPLANATORY MEMORANDUM 

1. 

1.1 

CONTEXT OF THE PROPOSAL 

General Context 

The  Union’s  economy  currently  loses  a  significant  amount  of  potential  secondary  raw 
materials  which  are  found  in  waste  streams.  In  2013,  total  waste  generation  in  the  EU 
amounted  to  approximately  2.5  billion  tons  of  which  1.6  billion  tons  were  not  reused  or 
recycled and therefore lost  for the European economy. It is estimated that an additional 600 
million tons could be recycled or reused. By way of example, only a limited share (43%) of 
the municipal waste generated in the Union was recycled, with the rest being landfilled (31%) 
or  incinerated  (26%).  The  Union  thus  misses  out  on  significant  opportunities  to  improve 
resource efficiency and create a more circular economy.  

With  respect  to  waste  management,  the  Union  also  faces  large  differences  amongst  its 
Member States. In 2011, while six Member States landfilled less than 3% of their municipal 
waste, 18 landfilled over 50%, with some exceeding 90%. This uneven situation needs to be 
redressed as a matter of urgency. 
The  proposals  to  amend  Directive  2008/98/EC on  waste1,  Directive  94/62/EC  on  packaging 
and packaging waste2, Directive 1999/31/EC on the landfill of waste3, Directive 2000/53/EC 
on  end-of-life  vehicles4,  Directive  2006/66/EC  on  batteries  and  accumulators  and  waste 
batteries  and  accumulators5  and  Directive  2012/19/EU  on  waste  electrical  and  electronic 
equipment6  form  part  of  a  Circular  Economy  Package  which  also  includes  a  Commission 
Communication "Closing the loop – An EU action plan for the Circular Economy". 

1.2 

Grounds for and objectives of the proposal 

Recent trends suggest that further progress on resource efficiency is possible and that it can 
bring major economic, environmental and social benefits. Turning waste into a resource is an 
essential part of increasing resource efficiency and closing the loop in a circular economy. 

The legally binding targets in EU waste legislation have been a key driver to improve waste 
management  practices,  stimulate  innovation  in  recycling,  limit  the  use  of  landfilling,  and 
create  incentives  to  change  consumer  behaviour.  Taking  waste  policy  further  can  bring 
significant benefits: sustainable growth and job creation, reduced greenhouse gas emissions, 
direct savings linked with better waste management practices, and a better environment. 

The proposal  to amend  Directive 2008/98/EC responds to the  legal  obligation to  review the 
waste  management  targets  in  that  Directive.  The  proposals  which  form  part  of  the  Circular 
Economy  Package  and  amend  the  six  Directives  mentioned  above  build  in  part  on  the 
proposal  that  the  Commission  tabled  in  July  2014  and  subsequently  withdrew  in  December 

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Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste 
and repealing certain Directives (OJ L 312, 22.11.2008, p. 3). 
Directive  94/62/EC  of  European  Parliament  and  Council  of  20  December  1994  on  packaging  and 
packaging waste (OJ L 365, 31.12.1994, p. 10). 
Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182, 16.07.1999, p. 1). 
Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end of 
life vehicles (OJ L 269, 21.10.2000, p. 34-43). 
Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries 
and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC (OJ L 266, 
26.09.2006, p. 1-14). 
Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical 
and electronic equipment (OJ L 197, 24.7.2012, p. 38-71). 

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2014. They are in line with the objectives of the Resource Efficiency Roadmap7 and the 7th 
Environment Action Programme8, including full implementation of the waste hierarchy9 in all 
Member  States,  decline  in  absolute  and  per  capita  waste  generation,  ensuring  high  quality 
recycling  and  the  use  of  recycled  waste  as  a  major,  reliable  source  of  raw  materials  for  the 
Union. They also contribute to the implementation of the EU Raw Materials Initiative10 and 
.address  the  need  to  prevent  food  waste.  In  addition,  these  proposals  simplify  the  reporting 
requirements included in all six Directives. 

2. 

RESULTS  OF  CONSULTATIONS  WITH  INTERESTED  PARTIES  AND 
IMPACT ASSESSMENT 

2.1 

Studies 

The proposals and the accompanying impact assessment assess technological, socio-economic 
and cost-benefit aspects related to the implementation and further development of EU waste 
legislation.  A  supplement  to  the  Impact  Assessment  was  produced  to  analyse  the  potential 
effects of additional variants of the main policy options defined in the Impact Assessment. 

2.2 

Internal consultation 

Within  the  Commission  an  Impact  Assessment  Steering  Group  composed  of  various 
Commission  services  (SG,  ECFIN,  GROW,  CLIMA,  JRC,  and  ESTAT)  followed  the 
preparation of the legislative proposals.  

2.3 

External consultation 

An  indicative  list  of  issues  to  be  tackled  was  developed  by  the  Commission  and  the  first 
interviews with  key  stakeholders started in  February  2013. An online public consultation  in 
line  with  the  minimum  standards  for  consultation  was  launched  in  June  2013,  closing  in 
September  2013.  670  responses  were  submitted,  reflecting  high  public  concern  about  the 
waste  management  situation  in  the  EU  and  high  expectations  for  EU  action  in  this  area.  A 
specific consultation of Member States was held between June and September 2015 as well as 
a broader consultation on the circular economy.  

2.4 

Impact assessment 

An  impact  assessment  report  and  an  executive  summary  were  published  together  with  the 
proposal  adopted  in  July  201411.  The  impact  assessment,  which  remains  valid  as  the  main 
analytical basis for the revised legislative proposals, evaluates the main environmental, social 
and  economic  impacts  of  various  policy  options  to  improve  waste  management  in  the  EU. 
Various  levels  of  ambition  are  assessed  and  compared  to  a  "baseline  scenario"  in  order  to 
identify the most appropriate instruments and targets while minimizing costs and maximizing 
benefits. 

The  Commission’s  Impact  Assessment  Board  delivered  a  positive  opinion  on  the  impact 
assessment  on  8  April  2014,  while  making  a  number  of  recommendations  to  fine-tune  the 
report.  The  Board  requested  to  further  clarify  the  problem  definition  and  the  need  for  new 
mid-term targets, strengthen the arguments in favour of a landfill ban from a subsidiarity and 
proportionality  point  of  view  and  of  uniform  targets  for  all  Member  States,  and  explain  in 

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COM(2011) 571. 
Decision No 1386/2013/EU of the European Parliament and of the Council of 20 November 2013 on a 
General Union Environment Action Programme to 2020 ‘Living well, within the limits of our planet’ 
(OJ L 354, 28.12.2013, p. 171). 
The waste hierarchy gives the preference to prevention first followed by reuse, recycling before energy 
recovery and disposal which includes landfilling and incineration without energy recovery. 
COM(2008) 699 and COM(2014)297. 
COM(2014)397. 

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more  detail  how  the  varying  performances  of  Member  States  are  taken  into  account  in  the 
proposal. 

The  impact  assessment  led  to  the  conclusion  that  a  combination  of  Options  will  bring  the 
following benefits:  

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– 

– 

– 

– 

in  particular  for  small  establishments  or 
Administrative  burden  reduction 
undertakings, simplification and better  implementation including by keeping targets 
‘fit for purpose’; 

Job creation – more than 170.000 direct jobs could be created by 2035, most of them 
impossible to delocalize outside the EU;  

GHG emission reduction – more than 600 millions of tons of green house gas could 
be avoided between 2015 and 2035; 

Positive effects on the competitiveness of the EU waste management and recycling 
sectors  as  well  as  on  the  EU  manufacturing  sector  (better  extended  producer 
responsibility schemes, reduced risks associated with raw material access); 

Reinjection  into  the  EU  economy  of  secondary  raw  materials  which  in  turn  will 
reduce the dependency of the EU on raw materials imports. 

An  analytical  note  supplementing  the  impact  assessment  was  issued  together  with  the 
legislative proposal. In this note, a number of additional options and variants were analysed 
with the aim to better take into account the different starting positions of each Member State. 

3. 

3.1 

LEGAL ELEMENTS OF THE PROPOSALS 

Summary of the proposed action 

The main elements of the proposals to amend EU waste legislation are:  

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Alignment of definitions; 

Increase of the preparing for re-use and recycling target for municipal waste to 65% 
by 2030;  

Increase of the preparing for reuse and recycling targets for packaging waste and the 
simplification of the set of targets; 

Gradual limitation of the landfilling of municipal waste to 10% by 2030;  

Greater harmonisation and simplification of the legal framework on by-products and 
end-of-waste status; 

New measures to promote prevention, including for food waste, and re-use;  

Introduction of minimum operating conditions for Extended Producer Responsibility; 

Introduction  of  an  Early  Warning  System  for  monitoring  compliance  with  the 
recycling targets; 

Simplification and streamlining of reporting obligations; 

Alignment to Articles 290 and 291 TFEU on delegated and implementing acts. 

3.2 

Legal basis and right to act 

The  proposals  amend  six  Directives  addressing  the  management  of  different  wastes.  The 
proposals  to  amend  Directive  2008/98/EC,  Directive  1999/31/EC,  Directive  2000/53/EC, 
Directive  2006/66/EC  and  Directive  2012/19/EU  are  based  on  Article  192(1)  TFEU,  whilst 
the proposal to amend Directive 94/62/EC is based on Article 114 TFEU.  

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Article  11(2)  of  Directive  2008/98/EC  sets  down  a  50%  target  for  preparing  for  re-use  and 
recycling of household and similar waste and a 70% target for preparing for re-use, recycling 
and  other  material  recovery  of  non-hazardous  construction  and  demolition  waste  by  2020. 
Pursuant to Article 11(4), by 31 December 2014 at the latest, the Commission had to examine 
those  targets  with  a  view  to,  if  necessary,  reinforcing  them  and  considering  the  setting  of 
targets for other waste streams, taking into account the relevant environmental, economic and 
social impacts of setting the targets. According to Article 9(c), the Commission had to set, by 
the end of 2014, waste prevention and decoupling objectives for 2020, based on best available 
practices  including,  if  necessary,  a  revision  of  the  indicators  referred  to  in  Article  29(4). 
Finally, pursuant to Article 37(4), in the first report that intervenes by 12 December 2014, the 
Commission  had to  assess  a number of  measures including producer responsibility  schemes 
for  specific  waste  streams,  targets,  indicators  and  measures  related  to  recycling,  as  well  as 
material and energy recovery operations that may contribute to fulfilling the objectives set in 
Articles 1 and 4 more effectively. 

Article  5(2)  of  Directive  1999/31/EC  sets  down  three  targets  for  the  diversion  of 
biodegradable  municipal  waste  from  landfills  and  bans  the  landfilling  of  certain  waste 
streams. The last target for the diversion of biodegradable municipal waste from landfills has 
to  be  met  by  the  Member  States  by  16  July  2016.  Pursuant  to  Article  5(2),  it  shall  be  re-
examined by 16 July 2014 with a view to confirming or amending it in order to ensure a high 
level of environmental protection and in light of the practical experience gained by Member 
States in the pursuance of the two previous targets. 

Article  6(1)  of  Directive  94/62/EC  sets  down  targets  for  the  recovery  and  recycling  of 
packaging waste which, pursuant to Article 6(5), shall be fixed every five years based on the 
practical  experience  gained  in  Member  States  and  the  findings  of  scientific  research  and 
evaluation techniques such as life-cycle assessments and cost-benefit analysis. 

3.3 

Subsidiarity and proportionality principle 

The proposals are in conformity with the subsidiarity and proportionality principles set out in 
Article  5  of  the  Treaty  on  the  European  Union.  They  are  limited  to  amending  the 
abovementioned  Directives  by  providing  a  framework  establishing  shared  objectives,  while 
leaving Member States free to decide about precise implementation methods. 

3.4 

Explanatory documents 

The Commission considers that documents explaining Member States' measures transposing 
the  Directives  are  necessary  in  order  to  improve  the  quality  of  information  on  the 
transposition of the Directives. 

Waste legislation is often transposed in a highly decentralised manner in the Member States, 
including  on  the  regional  or  local  level  and  in  multiple  legal  acts,  depending  on  the 
administrative structure of a Member State. As a result, in transposing the amended Directives 
Member States may have to amend a wide variety of legislative acts at national, regional and 
local levels. 

The  proposals  amend  six  different  waste  Directives  and  affects  an  important  number  of 
legally binding obligations, including a comprehensive amendment of the targets contained in 
Directive 2008/98/EC, Directive 1999/31/EC and Directive 94/62/EC and a simplification of 
Directive  2000/53/EC,  Directive  2006/66/EC  and  Directive  2012/19/EU.  This  is  a  complex 
review  of  waste  legislation  that  will  potentially  affect  a  number  of  pieces  of  national 
legislation. 

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The  revised  targets  for  waste  management  contained  in  the  amended  Directives  are  inter-
connected,  and  should  be  carefully  transposed  into  national  legislation  and  later  on 
incorporated into national waste management systems. 

The  proposed  provisions  will  affect  a  wide  range  of  private  and  public  stakeholders  in  the 
Member States and will have an important impact on future investments in waste management 
infrastructure.  The  complete  and  correct  transposition  of  the  new  legislation  is  essential  to 
guarantee  that  their  objectives  (i.e.  protecting  human  health  and  the  environment,  increased 
resource  efficiency,  and  ensuring  the  functioning  of  the  internal  market  and  avoiding 
obstacles to trade and restriction of competition within the EU) are achieved. 

The  requirement  to  provide  explanatory  documents  may  create  an  additional  administrative 
burden  on  some  Member  States.  However,  explanatory  documents  are  necessary  to  allow 
effective verification of complete and correct transposition, which is essential for the reasons 
mentioned above, and there are no less burdensome measures to allow efficient verification. 
Moreover, explanatory documents can contribute significantly to reducing the administrative 
burden of compliance monitoring by the Commission; without them, considerable resources 
and  numerous  contacts  with  national  authorities  would  be  required  to  track  the  methods  of 
transposition in all Member States.  

In view of the above it is appropriate to ask Member States to accompany the notification of 
their transposition measures with one or more documents explaining the relationship between 
the provisions of the Directives amending EU waste legislation and the corresponding parts of 
national transposition instruments. 

3.5 

Delegated and implementing powers of the Commission 

The  delegated  and  implementing  powers  of  the  Commission  are  identified  and  the 
corresponding procedures for adoption of these acts are established in paragraphs 4, 5, 6, 9, 
11,  14,  15,  18,  19,  21,  22  of  Article  1  of  the  proposal  concerning  Directive  2008/98/EC, 
paragraphs  4,  6,  7,  9,  10  of  Article  1  of  the  proposal  concerning  Directive  94/62/EC, 
paragraphs  6  and  7  of  Article  1  of  the  proposal  concerning  Directive  1999/31/EC  and  the 
amendments proposed in Articles 1 and 3 of the proposal concerning Directives 2000/53/EC 
and 2012/19/EU. 

4. 

BUDGETARY IMPLICATION 

The  proposals  will  not  have  an  impact  on  the  European  Union  budget  and  is  therefore  not 
accompanied  by  the  financial  statement  provided  for  under  Article  31  of  the  Financial 
Regulation  (Regulation  (EU,  Euratom)  No  966/2012  of  the  European  Parliament  and  of  the 
Council  of  25  October  2012  on  the  financial  rules  applicable  to  the  general  budget  of  the 
Union and repealing Council Regulation (EC, Euratom) No1605/2002). 

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2015/0274 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Directive 1999/31/EC on the landfill of waste 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 192(1) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 
Having regard to the opinion of the European Economic and Social Committee12, 
Having regard to the opinion of the Committee of the Regions13, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1)  Waste  management  in  the  Union  should  be  improved,  with  a  view  to  protecting, 
preserving  and  improving  the  quality  of  the  environment,  protecting  human  health, 
ensuring  prudent  and  rational  utilisation  of  natural  resources  and  promoting  a  more 
circular economy. 
The  targets  laid  down  in  Council  Directive  1999/31/EC14  setting  landfill  restrictions 
should  be  amended  to  make  them  better  reflect  the  Union's  ambition  to  move  to  a 
circular  economy  and  make  progress  in  the  implementation  of  the  Raw  Materials 
Initiative15  by  reducing  landfilling  of  waste  destined  for  landfills  for  non-hazardous 
waste. 

(2) 

(3) 

(4) 

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16 

To ensure that targets are set based on available data and to enable proper monitoring, 
municipal waste should be clearly defined in line with the definition used for statistical 
purposes  by  the  European  Statistical  Office  and  the  Organisation  for  Economic  Co-
operation and Development, on the basis of which Member States have been reporting 
data for several years. 

In order to ensure greater coherence in waste legislation, the definitions in Directives 
1999/31/EC  should  be  aligned  to  those  of  Directive  2008/98/EC  of  the  European 
Parliament and of the Council16. 

OJ C , , p. . 
OJ C , , p. . 
Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182, 16.07.1999, p. 1). 
COM(2008) 699 and COM(2014) 297. 

Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste 
and repealing certain Directives (OJ L 312, 22.11.2008, p. 3). 

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(5) 

(6) 

Clear  environmental,  economic  and  social  benefits  would  be  derived  from  further 
restricting  landfilling,  starting  with  waste  streams  that  are  subject  to  separate 
collection (e.g. plastics, metals, glass, paper, bio-waste). Technical, environmental or 
economical feasibility of recycling or other recovery of residual waste resulting from 
separately collected waste should be taken into account in the implementation of these 
landfill restrictions. 

Biodegradable  municipal  waste  accounts  for  a  large  proportion  of  municipal  waste. 
Landfilling of untreated biodegradable waste poses significant negative enviornmental 
effects  in  terms  of  greenhouse  gas  emissions  and  pollution  of  surface  water, 
groundwater, soil and air. While Directive 1999/31/EC already sets landfill diversion 
targets for biodegradable waste it is appropriate to put in place further restrictions on 
the landfilling of biodegradable waste by prohibiting the landfilling of biodegradable 
waste  that  has  been  separately  collected  in  accordance  with  Article  22  of  Directive 
2008/98/EC. 

(7)  Many  Member  States  have  not  yet  completely  developed  the  necessary  waste 
management  infrastructure.  The  setting  of  landfill  reduction  targets  will  further 
facilitate  separate  collection,  sorting  and  recycling  of  waste  and  avoid  locking 
potentially recyclable materials at the bottom of the waste hierarchy.  

(8) 

(9) 

(10) 

A progressive reduction of landfilling is necessary to prevent detrimental impacts on 
human  health  and  the  environment  and  to  ensure  that  economically  valuable  waste 
materials  are  gradually  and  effectively  recovered  through  proper  waste  management 
and in line with the waste hierarchy. This reduction should avoid the development of 
excessive capacity for the treatment of residual waste facilities, such as through energy 
recovery or low grade mechanical biological treatment of untreated municipal waste, 
as  this  could  result  in  undermining  the  achievement  of  the  Union's  long-term 
preparation for reuse and recycling targets for municipal waste as laid down in Article 
11 of Directive 2008/98/EC. Similarly, and to prevent detrimental impacts on human 
health and the environment, while Member States should take all necessary measures 
to ensure that only waste that has been subject to treatment is landfilled, compliance 
with such obligation should not lead to the creation of overcapacities for the treatment 
of  residual  municipal  waste.  In  addition,  in  order  to  ensure  consistency  between  the 
targets  laid  down  in  Article  11  of  Directive  2008/98/EC  and  the  landfill  reduction 
target defined in Article 5 of this Directive and to ensure a coordinated planning of the 
infrastructures  and  investments  needed  to  meet  those  targets,  Member  States  which 
may obtain additional time for the attainment of the municipal waste recycling targets 
should also be given additional time to attain the landfill reduction target for 2030 as 
laid down in this Directive. 

In order to ensure better, timelier, and more uniform implementation of this Directive 
and  anticipate  implementation  weaknesses,  an  early  warning  system  should  be 
established to detect shortcomings and allow taking action ahead of the deadlines for 
meeting the targets. 

Implementation reports prepared by Member States every three years have not proved 
to be an effective tool for verifying compliance and ensuring correct implementation, 
and  are  generating  unnecessary  administrative  burden.  It  is  therefore  appropriate  to 
repeal provisions obliging Member States to produce such reports and for compliance 
monitoring  purposes  use  exclusively  the  statistical  data  which  Member  States  report 
every year to the Commission. 

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(11)  Statistical data reported by Member States are essential for the Commission to assess 
compliance  with  waste  legislation  across  the  Member  States.  The  quality,  reliability 
and comparability of statistics should be improved by introducing a single entry point 
for  all  waste  data,  deleting  obsolete  reporting  requirements,  benchmarking  national 
reporting  methodologies  and  introducing  a  data  quality  check  report.  Reliable 
reporting  of  statistical  data  concerning  waste  management  is  paramount  to  efficient 
implementation  and  to  ensuring  comparability  of  data  among  Member  States. 
Therefore,  when  preparing  the  reports  on  compliance  with  the  targets  set  out  in 
Directive  19991/31/EC,  Member  States  should  be  required  to  use  the  most  recent 
methodology developed by the Commission and the national statistical offices of the 
Member States. 

(12) 

In order to supplement or amend Directive 1999/31/EC, in particular with the view to 
adapting  its  Annexes  to  scientific  and  technical  progress,  the  power  to  adopt  acts  in 
accordance with Article 290 of the Treaty should be delegated to the Commission in 
respect  of  Article  16.  It  is  particular  importance  that  the  Commission  carries  out 
appropriate  consultations  during  its  preparatory  work,  including  at  expert  level.  The 
Commission,  when  preparing  and  drawing-up  delegated  acts,  should  ensure  a 
simultaneous,  timely  and  appropriate  transmission  of  relevant  documents  to  the 
European Parliament and to the Council. Any amendments to the Annexes should only 
be made in line with the principles laid down in this Directive. To this end, as regards 
Annex II, the Commission should take into account the general principles and general 
procedures  for  testing  and  acceptance  criteria  as  set  out  in  Annex  II.  Moreover, 
specific  criteria  and  test  methods  and  associated  limit  values  should  be  set  for  each 
class  of  landfill,  including  if  necessary  specific  types  of  landfill  within  each  class, 
including underground storage. Proposals for the standardisation of control, sampling 
and analysis methods in relation to the Annexes should be considered for adoption by 
the Commission  where appropriate within two years after the entry into force of this 
Directive. 

(13) 

In order to ensure uniform conditions for the implementation of Directive 1999/31/EC, 
implementing  powers  should  be  conferred  on  the  Commission  in  respect  of  Articles 
3(3),  Annex  I,  paragraph  3.5  and  Annex  II,  paragraph  5.  Those  powers  should  be 
exercised  in  accordance  with  Regulation  (EU)  No  182/2011  of  the  European 
Parliament and of the Council17. 

(14)  Directive 1999/31/EC should therefore be amended accordingly. 

(15) 

In  accordance  with  the Joint  Political  Declaration  of  28  September  2011  of  Member 
States  and  the  Commission  on  explanatory  documents18,  Member  States  have 
undertaken  to  accompany,  in  justified  cases,  the  notification  of  their  transposition 
measures  with  one  or  more  documents  explaining  the  relationship  between  the 
components  of  a  directive  and  the  corresponding  parts  of  national  transposition 
instruments. With regard to this Directive, the legislator considers the transmission of 
such documents to be justified. 

(16)  Since the objectives of this Directive, namely to improve the management of waste in 
the  Union, and  thereby  contributing  to  the  protection,  preservation  and  improvement 
of the quality of the environment and to the prudent and rational utilisation of natural 

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Regulation  (EU)  No  182/2011  of  the  European  Parliament  and  of  the  Council  of  16  February  2011 
laying down the rules and general principles concerning mechanisms for control by Member States of 
the Commission’s exercise of implementing powers (OJ L 55, 28/02/2011, p. 13). 
OJ C 369, 17.12.2011, p. 14. 

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resources,  cannot  be  sufficiently  achieved  by  the  Member  States,  but  can  rather,  by 
reason  of the  scale  or  effects  of the measures, be better achieved at Union level, the 
Union may adopt measures, in accordance with the principle of subsidiarity as set out 
in  Article  5  of  the  Treaty  on  European  Union.  In  accordance  with  the  principle  of 
proportionality,  as  set  out  in  that  Article,  this  Directive  does  not  go  beyond  what  is 
necessary in order to achieve those objectives,  

HAVE ADOPTED THIS DIRECTIVE: 

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Article 1 

Amendments 

Directive 1999/31/EC is amended as follows: 

(1) Article 2 is amended as follows: 

(a) point (a) is replaced by the following: 

'(a)  the  definitions  of  ‘waste’,  ‘municipal  waste’,  ‘hazardous  waste’,  ‘waste 
producer’,  ‘waste  holder’,‘waste  management’,  ‘separate  collection’,  ‘recovery’, 
‘recycling’  and  ‘disposal’  laid  down  in  Article  3  of  Directive  2008/98/EC  of  the 
European Parliament and of the Council(*) shall apply; 

(*)  Directive  2008/98/EC  of  the  European  Parliament  and  of  the  Council  of  19 
November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 
3).'; 

(b) points (b), (c), (d) and (n) are deleted; 

(2) Article 5 is amended as follows: 

(a) in paragraph 2 the following sentence is deleted:  

'Two years before the date referred to in paragraph c) the Council shall reexamine the 
above  target,  on  the  basis  of  a  report  from  the  Commission  on  the  practical 
experience  gained  by  Member  States  in  the  pursuance  of  the  targets  laid  down  in 
paragraph  a)  and  b)  accompanied,  if  appropriate,  by  a  proposal  with  a  view  to 
confirming or amending this target in order to ensure a high level of environmental 
protection.'  

(b) in paragraph 3 the following point (f) is added: 

waste  that  has  been  separately  collected  pursuant  to  Article  11(1) and 

'(f) 
22 of Directive 2008/98/EC.'; 

(c) the following paragraphs 5, 6 and 7 are added: 

'5.  Member  States  shall  take  the  necessary  measures  to  ensure  that  by  2030  the 
amount  of  municipal  waste  landfilled  is  reduced  to  10%  of  the  total  amount  of 
municipal waste generated. 

6.  Estonia,  Greece,  Croatia,  Latvia,  Malta,  Romania  and  Slovakia  may  obtain  five 
additional  years  for  the  attainment  of  the  target  referred  to  in  paragraph  5.  The 
Member  State  shall  notify  the  Commission  of  its  intention  to  make  use  of  this 
provision at the latest 24 months before the deadline laid down in paragraph 5. In the 
event of an extension, the Member State shall take the necessary measures to reduce 
by  2030  the  amount  of  municipal  waste  landfilled  to  20%  of  the  total  amount  of 
municipal waste generated. 

The  notification  shall  be  accompanied  by  an  implementation  plan  presenting  the 
measures needed to ensure compliance with the targets before the new deadline. The 
plan  shall  also  include  a  detailed  timetable  for  the  implementation  of  the  proposed 
measures and an assessment of their expected impacts.  

7. By 31 December 2024 at the latest, the Commission shall examine the target laid 
down  in  paragraph  5  with  a  view  to  reducing  it  and  introducing  restrictions  to  the 
landfilling of non-hazardous waste other than municipal waste. To this end, a report 

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of  the  Commission  accompanied  by  a  proposal,  if  appropriate,  shall  be  sent  to  the 
European Parliament and the Council.'; 

(3) the following Article 5a is inserted: 

'Article 5a 

Early warning report 

1.  The  Commission  shall,  in  cooperation  with  the  European  Environment  Agency, 
draw up a report on the progress towards the achievement of the targets laid down in 
Article 5(5) and (6) three years before each time-limit laid down in those provisions 
at the latest. 

2. The reports referred to in paragraph 1 shall include the following: 

(a) 

an estimation of the achievement of the targets by each Member State; 

(b) 
a  list  of  Member  States  at  risk  of  not  achieving  the  targets  within  the 
respective  time  limits  accompanied  by  appropriate  recommendations  for  the 
Member States concerned.'; 

(4) in Article 6(a), the following sentence is added: 

'Member States shall ensure that measures taken in accordance with this point 
do not compromise the achievement of the objectives of Directive 2008/98/EC, 
notably  on  the  increase  of  preparing  for  re-use  and  recycling  as  set  out  in 
Article 11 of that Directive.'; 

(5) in Article 11(2), the second sub-paragraph is deleted. 

(6) Article 15 is replaced by the following: 

'Article 15 

Reporting 

1. Member States shall report the data concerning the implementation of Article 5(2) 
and  (5)  for  each  calendar  year  to  the  Commission.  They  shall  report  this  data 
electronically within 18 months of the end of the reporting year for which the data 
are collected. The data shall be reported in the format established by the Commission 
in accordance with paragraph 5. The first reporting shall cover the data for the period 
from  1  January  [enter  year  of  transposition  of  this  Directive  +  1  year]  to  31 
December [enter year of transposition of this Directive  + 1 year]. 

2. Member States shall report the data concerning the implementation of the targets 
laid down in Article 5(2) until 1 January 2025. 

3.  The  data  reported  by  the  Member  State  in  accordance  with  this  Article  shall  be 
accompanied by a quality check report. 

4. The Commission shall review the data reported in accordance with this Article and 
publish a report on the results of its review. The report shall cover an assessment of 
the organisation of the data collection, the sources of data and the methodology used 
in Member States as well as the completeness, reliability, timeliness and consistency 
of 
include  specific  recommendations  for 
improvement. The report shall be drawn up every three years. 

that  data.  The  assessment  may 

5.  The  Commission  shall  adopt  implementing  acts  laying  down  the  format  for 
reporting  data  in  accordance  with  paragraph  1.  Those  implementing  acts  shall  be 

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adopted  in  accordance  with  the  procedure  referred  to  in  Article  17(2)  of  this 
Directive.'; 

(7) Article 16 is replaced by the following: 

'Article 16 

Amendment of the Annexes 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 17a for adapting the Annexes to scientific and technical progress.'; 

(8) Article 17 is replaced by the following: 

'Article 17 

Committee procedure 

1. The Commission shall be assisted by the Committee established by Article 39 of 
Directive 2008/98/EC. That  committee shall be a committee  within the meaning of 
Regulation (EU) No 182/2011 of the European Parliament and of the Council(*).  

2.  When  reference  is  made  to  this  paragraph,  Article  5  of  Regulation  (EU)  No 
182/2011 shall apply. 

(*) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 
16  February  2011  laying  down  the  rules  and  general  principles  concerning 
mechanisms  for  control  by  Member  States  of  the  Commission’s  exercise  of 
implementing powers (OJ L 55, 28.02.2011, p. 13).’; 

(9) the following Article 17a is inserted: 

'Article 17a 

Exercise of the delegation 

1. The power to adopt delegated acts is conferred on the Commission subject to the 
conditions laid down in this Article. 

2. The power to adopt the delegated acts referred to in Article 16 shall be conferred 
on the Commission for an indeterminate period of time from [enter date of entry into 
force of this Directive].  

3. The delegation of power referred to in Article 16 may be revoked at any time by 
the European Parliament or by the Council. A decision to revoke shall put an end to 
the  delegation  of  the  power  specified  in  that  decision.  It  shall  take  effect  the  day 
following  the  publication  of  the  decision  in  the  Official  Journal  of  the  European 
Union  or  at  a  later  date  specified  therein.  It  shall  not  affect  the  validity  of  any 
delegated acts already in force. 

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously 
to the European Parliament and to the Council. 

5.  A  delegated  act  adopted  pursuant  to  Article  16  shall  enter  into  force  only  if  no 
objection  has  been  expressed  either  by  the  European  Parliament  or  the  Council 
within a period of two months of notification of that act to the European Parliament 
and the Council or if, before the expiry of that period, the European Parliament and 
the  Council  have  both  informed  the  Commission  that  they  will  not  object.  That 

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period shall be extended by two months at the initiative of the European Parliament 
or of the Council.'; 

(10) in Annex III, point 2, the first sub-paragraph is deleted; 

Article 2 

Transposition 

1. 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions  necessary to  comply  with  this  Directive  by  [insert  date eighteen  months 
after  the  entry  into  force  of  this  Directive]  at  the  latest.  They  shall  forthwith 
communicate to the Commission the text of those provisions. 

When  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this 
Directive  or  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official 
publication. Member States shall determine how such reference is to be made. 

2. 

Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive. 

Article 3 

Entry into force 

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

This Directive is addressed to the Member States. 

Article 4 

Addressees 

Done at Brussels, 

For the European Parliament 

The President 

For the Council 

The President 

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