REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture, Directive 94/62/EC of 20 December 1994 on packaging and packaging waste, Directive 2000/53/EC of 18 September 2000 on end-of life vehicles, Regulation (EC) No 1013/2006 on shipments of waste, Directive 2006/66/EC of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and Directive 2008/98/EC of 19 November 2008 on waste
Date: 2024-10-15
Institutions: Directorate-General for Environment, European Commission
Subjects: EU Member State, application of EU law, delegated legislation, environmental protection, prevention of pollution, waste, waste management

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 15.10.2024  COM(2024) 454 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture, Directive 94/62/EC of 20 December 1994 on packaging and packaging waste, Directive 2000/53/EC of 18 September 2000 on end-of life vehicles, Regulation (EC) No 1013/2006 on shipments of waste, Directive 2006/66/EC of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and Directive 2008/98/EC of 19 November 2008 on waste  
 
 
REPORT FROM THE COMMISSION  

TO THE EUROPEAN PARLIAMENT AND THE COUNCIL  

on the exercise of the power to adopt delegated acts conferred on the Commission 
pursuant to Council Directive 86/278/EEC of 12 June 1986 on the protection of the 
environment, and in particular of the soil, when sewage sludge is used in agriculture, 
Directive 94/62/EC of 20 December 1994 on packaging and packaging waste, Directive 
2000/53/EC of 18 September 2000 on end-of life vehicles, Regulation (EC) No 1013/2006 
on shipments of waste, Directive 2006/66/EC of 6 September 2006 on batteries and 
accumulators and waste batteries and accumulators, and Directive 2008/98/EC of 19 
November 2008 on waste 

1.  Introduction 

The  Commission  was  conferred  on  the  power  to  adopt  delegated  acts  for  a  period  of  five 
years, starting from 4 July 2018, under:  

a)  Article  15a(2),  first  sentence,  of  Council  Directive  86/278/EEC  of  12  June  1986  on 
the protection of the environment, and in particular of the soil, when sewage sludge is 
used in agriculture1, 

b)  Article  21a(2),  first  sentence,  of  the  European  Parliament  and  Council  Directive 

94/62/EC of 20 December 1994 on packaging and packaging waste2, 

c)  Article 9a(2), first sentence, of Directive 2000/53/EC of the European Parliament and 

of the Council of 18 September 2000 on end-of life vehicles3,  

d)  Article  38a(2),  first  sentence,  of  Directive  2008/98/EC  of  the  European  Parliament 
and of the Council of 19 November 2008 on waste and repealing certain Directives4. 

Under Article 58a(2), first sentence, of the Regulation (EC) No 1013/2006 of the European 
Parliament  and  of  the  Council  of  14 June 2006  on  shipments  of  waste5,  and  under  Article 
23a(2),  first  sentence,  of  Directive  2006/66/EC  of  the  European  Parliament  and  of  the 
Council  of  6  September  2006  on  batteries  and  accumulators  and  waste  batteries  and 
accumulators6  the  Commission  was  conferred  on  the  power  to  adopt  delegated  acts  for  a 
period of five years starting from 17 July 2014 and 30 December 2013, respectively.  

The  Commission  is  required  to  draw  up  a  report  in  respect  of  the  delegation  of  power  not 
later than 9 months before the end of the five-year period. The delegation of power shall be 
tacitly  extended  for  periods  of  an  identical  duration,  unless  the  European  Parliament  or  the 
Council opposes such extension not later than three months before the end of each period.  

1   OJ L 181, 4.7.1986, p. 6.   
2   OJ L 365, 31.12.1994, p. 10. 
3   OJ L 269, 21.10.2000, p. 34. 
4   OJ L 312 22.11.2008, p. 3. 
5   OJ L 190, 12.7.2006, p.1. 
6   OJ L 266, 26.9.2006, p. 1.  

1 

 
 
 
Reports  on  the  exercise  of  powers  under  Regulation  (EC)  1013/2006  and  Directive 
2006/66/EC were adopted on 22 November 20187 and 14 May 20188, respectively. As neither 
the  European  Parliament  nor  the  Council  opposed  to  the  extension  of  the  Commission’s 
empowerments, the delegation of power to the Commission was tacitly extended to a period 
of an identical duration starting from 17 July 2019 and 30 December 2018.  

This report describes the Commission’s activity in the period starting from  4 July 2018, 17 
July 2019, and 30 December 2018, respectively.  

2.  Directive 86/278/EEC 

Directive  86/278/EEC  empowers  the  Commission  to  adopt  delegated  acts,  as  referred  to  in 
Article 15a, in view of amending the Annexes and adapting them to technical and scientific 
progress except for the parameters and values listed in Annexes I A, I B and I C, any factors 
likely to affect the evaluation of those values, and the parameters for analysis referred to in 
Annexes II A and II B. 

2.1.  Exercise of Delegation 

During the period covered by this report, the Commission did not make use of the delegated 
powers conferred upon it under Directive 86/278/EEC. None of the abovementioned Annexes 
were  adapted  to  scientific  and  technical  progress.  A  2023  evaluation  of  the  Directive9 
concluded  that  adaptation  of  the  Directive  to  the  latest  scientific  and  technical  progress 
(notably  on the set  of pollutants to  be covered and  their appropriate limit  values) would be 
needed. This, however, goes beyond the current empowerment contained in Article 15a. 

3.  Directive 94/62/EC 

Directive  94/62/EC  empowers  the  Commission  to  adopt  delegated  acts,  as  referred  to  in 
Article 21a, in view of: 

•  determining  the  conditions  under  which  the  sum  of  concentration  levels  of  lead, 
cadmium,  mercury  and  hexavalent  chromium  present  in  packaging  specified  in 
Article 11(1) do not apply to recycled materials and to product loops which are in a 
closed and controlled chain, as well as determining the types of packaging which are 
exempted  from  the  requirement  regarding  the  content  of  these  heavy  metals  in 
packaging and packaging components laid down in the third indent of Article 11(1), 
as provided for in Article 11(3); 

•  amending the illustrative examples for the definition of packaging listed in Annex I, 

as provided for in Article 19(2); 

7   COM(2018)762 final. 
8   COM(2018) 266 final. 
9   SWD/2023/0157 final. 

2 

 
 
 
 
•  supplementing  the  Directive  where  necessary  to  deal  with  any  difficulties 
encountered  in  applying  its  provisions,  in  particular  to  inert  packaging  materials 
placed on the market in very small quantities (i.e. approximately 0.1 % by weight) in 
the EU, primary packaging for medical  devices and pharmaceutical products,  small 
packaging and luxury packaging, as provided for in Article 20. 

An agreement on the proposal for a new Packaging and Packaging Waste Regulation10 was 
reached on 4 March 2023 and was provisionally approved by the co-legislators. The present 
empowerments  contained  in  Directive  94/62/EC  remain  relevant  and  should  be  maintained 
until the entry into force of the new Regulation, which is expected in 2025.  

3.1.  Exercise of Delegation 

During the period covered by this report, the Commission did not make use of the delegated 
powers  conferred  upon  it  under  Directive  94/62/EC.  However,  Commission  acts  had  been 
adopted in the areas covered by the delegation of powers prior to the period covered by this 
report, based on former empowerments preceding the revision of the Directive in 201811, as 
detailed below. 

3.1.1.  Exemptions from restrictions on heavy metals in packaging  

Pursuant to Article 11(1) of Directive 94/62/EC, Member States shall ensure that the sum of 
concentration  levels  of  lead,  cadmium,  mercury  and  hexavalent  chromium  present  in 
packaging or packaging components shall not exceed 100 ppm by weight. 

According  to  former  Article  11(3)  of  Directive  94/62/EC,  the  Commission  shall  determine 
the conditions under which the concentration levels referred to in Article 11(1) do not apply 
to recycled materials and to product loops which are in a closed and controlled chain, as well 
as  the  types  of  packaging  which  are  exempted  from  the  requirement  laid  down  in  the third 
indent of former Article 11(3). 

Commission decisions adopted based on former Article 11(3) include:  

1)  Commission Decision 2001/171/EC of 19 February 2001 establishing the conditions 
for  a  derogation  for  glass  packaging  in  relation  to  the  heavy  metal  concentration 
levels established in Directive 94/62/EC12; 

2)  Commission Decision 2006/340/EC of 8 May 2006 amending Commission Decision 
2001/171/EC  for  the  purpose  of  prolonging  the  validity  of  the  conditions  for  a 
derogation  for  glass  packaging  in  relation  to  the  heavy  metal  concentration  levels 
established in Directive 94/62/EC13; 

10   COM/2022/677 final. 
11   Directive (EU) 2018/852 of the European Parliament and of the Council of 30 May 2018 amending Directive 

94/62/EC on packaging and packaging waste (OJ L 150, 14.6.2018, p. 141). 

12   OJ L 62, 2.3.2001, p. 20.  
13   OJ L 125, 12.5.2006, p. 43.  

3 

 
 
3)  Commission Decision 2009/292/EC of 24 March 2009 establishing the conditions for 
a  derogation  for  plastic  crates  and  plastic  pallets  in  relation  to  the  heavy  metal 
concentration levels established in Directive 94/62/EC14. 

The Commission has not identified the need to amend the abovementioned decisions, nor to 
adopt new acts in this field.   

3.1.2.  Amendment of illustrative examples for the definition of packaging  

Annex I  to  Directive  94/62/EC  lists  illustrative  examples  of  the  application  of  criteria 
established in Article 3(i)-(iii) complementing the definition of packaging set in Article 3(1) 
of  the  Directive.  Article  19(2)  empowers  the  Commission  to  amend  the  list  of  illustrative 
examples listed in Annex I. 

The  Commission  exercised  this  power  by  adopting  Commission  Directive  2013/2/EU  of  7 
February 2013 amending Annex I to Directive 94/62/EC15. 

3.1.3.  Supplementing  the  Directive  to  deal  with  any  difficulties  encountered  in 

applying the provisions of the Directive     

The Commission has not identified the need to make use of the delegated power under this 
provision. However, the necessity to supplement Directive 94/62/EC by addressing practical 
difficulties  of  inert  packaging  materials  placed  on  the  market  in  very  small  quantities, 
primary  packaging  for  medical  devices  and  pharmaceutical  products,  small  packaging,  and 
luxury  packaging  could  arise  in  the  future,  which  is  why  the  empowerment  should  be 
maintained until the entry into force of a new Regulation. 

4.  Directive 2000/53/EC 

Directive 2000/53/EC empowers the Commission to adopt delegated acts in view of: 

•  amending  Annex  II  to  adapt  it  in  the  light  of  scientific  and  technical  progress, 

pursuant to Article 4(2)(b)(i-iv), as provided for in Article 4(2)(b); 

•  establishing minimum requirements for the certificate of destruction, as provided for 

in Article 5(5); 

•  amending Annex I to adapt it to scientific and technical progress, as provided for in 

Article 6(6); 

•  establishing  component and  material  coding  standards,  in  particular  to  facilitate  the 
identification  of  those  components  and  materials  which  are  suitable  for  reuse  and 
recovery,  to  be  used  by  producers,  in  concert  with  material  and  equipment 
manufacturers, as provided for in Article 8(2). 

A proposal for a new End-of-Life Vehicles Regulation16 was adopted on 13 July 2023 and is 
currently  being  discussed  in  the  ordinary  legislative  procedure.  The  present  empowerments 

14   OJ L 79, 25.3.2009, p. 44. 
15   OJ L 37, 8.2.2013, p. 10.  

4 

 
 
 
contained in Directive 2000/53/EC remain relevant and should be maintained until the entry 
into force of the new Regulation.  

4.1.  Exercise of Delegation  

During  the  period  covered  by  the  report,  the  Commission  adopted  three  delegated  acts 
modifying  Annex  II  to  Directive  2000/53/EC  listing  exemptions  from  the  scope  of  its 
application. 

4.1.1.  Amendments of Annex II 

According  to  Article  4(2)(a)  of  Directive  2000/53/EC,  Member  States  shall  ensure  that 
materials and components of vehicles put on the market after 1 July 2003 do not contain lead, 
mercury, cadmium or hexavalent chromium other than in cases listed in Annex II under the 
conditions specified therein.  

During  the  period  covered  by  this  report17,  the  Commission  adopted  three  delegated  acts 
amending Annex II:  

1)  Commission  Delegated  Directive  (EU)  2020/362  of  17  December  2019  amending 
Annex II to Directive 2000/53/EC as regards the exemption for hexavalent chromium 
as anti-corrosion agent of the carbon steel cooling system in absorption refrigerators 
in motor caravans18; 

2)  Commission  Delegated  Directive  (EU)  2020/363  of  17  December  2019  amending 
Annex  II  to  Directive  2000/53/EC  as  regards  certain  exemptions  for  lead  and  lead 
compounds in components19; and  

3)  Commission  Delegated  Directive  (EU)  2023/544  of  16  December  2022  amending 
Directive  2000/53/EC  as  regards  the  exemptions  for  the  use  of  lead  in  aluminium 
alloys for machining purposes, in copper alloys and in certain batteries20. 

4.1.2.  Establishment of minimum requirements for the certificate of destruction 

According  to  Article  5(3)  of  Directive  2000/53/EC,  Member  States  shall  set  up  a  system 
according  to  which  the  presentation  of  a  certificate  of  destruction  is  a  condition  for 
deregistration of end-of life vehicles. 

In the period preceding this report, based on former Article 5(5) of Directive 2000/53/EC, the 
Commission  adopted  a  Commission  Decision  2002/151/EC  of  19  February  2002  on 
minimum  requirements  for  the  certificate  of  destruction  issued  in  accordance  with  Article 
5(3) of Directive 2000/53/EC21.  

The Commission has not identified the need to amend this act nor adopt a new one.   

16   COM/2023/451 final. 
17   The  Commission  used  the  powers  conferred  to  it  in  this  respect  several  times  before  the  beginning  of  the 

period covered by this report. 

18   OJ L 67, 5.3.2020, p. 116. 
19   OJ L 67, 5.3.2020, p. 119. 
20   OJ L 73, 10.3.2023, p. 5. 
21   OJ L 50, 21.2.2002, p. 94. 

5 

 
 
 
4.1.3.  Amendment of Annex I  

Annex I to Directive 2000/53/EC establishes minimum technical requirements for treatment 
of end-of-life vehicles. 

The Commission has not identified the need to make use of the delegated power under this 
provision.  However,  the  need  to  amend  Annex  I  could  arise  in  the  future,  therefore  the 
empowerment should be maintained until the entry into force of the new Regulation. 

4.1.4.  Establishment of component and material coding standards 

According to Article 8(1) of Directive 2000/53/EC, Member States shall take the necessary 
measures to ensure that producers, in concert with material and equipment manufacturers, use 
component and material coding standards, in particular to facilitate the identification of those 
components and materials which are suitable for reuse and recovery. 

Pursuant  to  Article  8(2)  of  Directive  2000/53/EC,  the  Commission  is  empowered  to  adopt 
delegated acts in order to supplement the Directive by establishing these standards. 

In the period preceding this report, based on former Article 8(2) of Directive 2000/53/EC, the 
Commission adopted a Commission Decision 2003/138/EC of 27 February 2003 establishing 
component and material coding standards for vehicles pursuant to Directive 2000/53/EC22. 

The Commission has not identified the need to amend this act nor adopt a new one. 

5.  Regulation (EC) 1013/2006 

The Union is a party to the Basel Convention on the Control of Transboundary Movements of 
Hazardous Wastes and their Disposal of 22 March 1989 that serves to protect human health 
and  the  environment  against  the  adverse  effects  of  hazardous  wastes.  Regulation  (EC) 
1013/2006  transposes  this  Convention  into  Union  law.  The  Regulation  empowers  the 
Commission to adopt delegated acts, as referred to in Article 58, to amend: 

•  Annexes IA, IB, IC, II, III, IIIA, IIIB, IV, V, VI and VII to take account of changes 

agreed under the Basel Convention and the OECD Decision23; 

•  Annex V to reflect changes to the list of waste adopted in accordance with Article 7 of 

Directive 2008/98/EC; 

•  Annex  VIII  to  reflect  decisions  taken  under  relevant  international  conventions  and 

agreements. 

A  new  Regulation  of  the  European  Parliament  and  of  the  Council  (EU)  2024/1157  on 
shipments of waste was adopted on 11 April 202424. The present empowerments contained in 
Regulation  (EC)  1013/2006  remain  relevant  and  should  be  maintained  as  long  as  this 
Regulation applies.  

5.1.  Exercise of delegation 

22   OJ L 53, 28.2.2003, p. 58. 
23   Decision C(2001)107/Final of the OECD Council. 
24   OJ L, 2024/1157, 30.4.2024, ELI: http://data.europa.eu/eli/reg/2024/1157/oj. 

6 

 
 
 
During the period covered by this report, the Commission adopted a Commission Delegated 
Regulation (EU) 2020/2174 of 19 October 2020 amending Annexes IC, III, IIIA, IV, V, VII 
and VIII to Regulation (EC) No 1013/200625 to reflect the changes to the entries on plastic 
waste in the Annexes to the Basel Convention. 

6.  Directive 2006/66/EC 

Directive  2006/66/EC  empowers  the  Commission  to  adopt  delegated  acts,  as  referred  to  in 
Article 23a(2), in view of: 

• 

laying down criteria for the assessment of equivalent conditions for the recycling of 
waste  batteries  and  accumulators  taking  place  outside  of  the  EU,  as  provided  for  in 
Article 15(3), to supplement the rules referred to by Article 15(2); 

•  establishing  detailed rules supplementing the requirement to  indicate the capacity of 
portable and automotive batteries and accumulators on them in a visible, legible and 
indelible form, as provided for in Article 21(2); 

•  granting exemptions from labelling requirements set in Article 21, as provided for in 

Article 21(7). 

Directive  2006/66/EC  was  repealed  by  Regulation  (EU)  2023/1542  of  the  European 
Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries26 with 
effect  from  18  August  2025.  Thus,  the  Commission  is  not  likely  to  exercise  any 
empowerments from this Directive in the future. 

6.1.  Exercise of Delegation 

During the period covered by this report, the Commission did not make use of the delegated 
powers conferred upon it under Directive 2006/66/EC. However, Commission acts had been 
adopted in the areas covered by the delegation of powers prior to the period covered by this 
report. 

6.1.1.  Criteria  for  the  assessment  of  equivalent  conditions  for  the  recycling  of  waste 

batteries and accumulators taking place outside of the EU 

Pursuant to Article 15(1) of Directive 2006/66/EC, treatment may be undertaken outside the 
Member State concerned or outside the EU, provided that the shipment of waste batteries and 
accumulators is in compliance with Regulation (EC) 1013/2006. According to Article 15(2), 
waste  batteries  and  accumulators  exported  out  of  the  EU  pursuant  to  respective  laws  shall 
count towards the fulfilment of the obligations and efficiencies laid down in Annex III to this 
Directive  only  if  there  is  sound  evidence  that  the  recycling  operation  took  place  under 
conditions  equivalent  to  the  requirements  of  this  Directive.  The  Commission  has  been 
entitled  to  lay  down  detailed  rules  supplementing  the  rules  referred  to  in  Article  15(2),  in 
particular criteria for the assessment of equivalent conditions as referred to therein. 

25   OJ L 433, 22.12.2020, p. 11. 
26   OJ L 191, 28.7.2023, p. 1. 

7 

 
 
 
As  the  newly  adopted  Regulation  (EU)  2024/1157  provides  rules  on  criteria  related  to  the 
assessment of equivalent conditions for the treatment of waste outside the EU, a delegated act 
under Directive 2006/66/EC was not adopted.  

6.1.2.  Detailed  rules  supplementing  the  requirement  to  indicate  the  capacity  of 

portable and automotive batteries and accumulators on them  

According  to  Article  21(2)  of  Directive  2006/66/EC,  Member  States  shall  ensure  that  the 
capacity of all portable and automotive batteries and accumulators is indicated on them in a 
visible,  legible  and  indelible  form  by  26  September  2009.  The  Commission  is  entitled  to 
adopt delegated acts laying down detailed rules supplementing that requirement.  

In  the  period  preceding  this  report,  based  on  former  Article  21(2)  of  this  Directive,  the 
Commission  adopted  Commission  Regulation  (EU)  No  1103/2010  of  29  November  2010 
establishing, pursuant to Directive 2006/66/EC, rules as regards capacity labelling of portable 
secondary (rechargeable) and automotive batteries and accumulators27.  

The Commission has not identified the need to amend this act nor adopt a new one.  

6.1.3.  Granting exemptions from labelling requirements  

According to Article 21(7) of Directive 2006/66/EC, the Commission is empowered to adopt 
delegated acts to grant exemptions from the labelling requirements set out in Article 21. 

In  the  period  preceding  this  report,  based  on  the  former  Article  21(7)  of  this  Directive,  the 
Commission adopted Commission Regulation (EU) No 1103/2010.  

The Commission has not identified the need to amend this act nor adopt a new one.  

7.  Directive 2008/98/EC 

Directive  2008/98/EC  empowers  the  Commission  to  adopt  delegated  acts,  as  referred  to  in 
Article 38a, in view of: 

•  establishing, and reviewing a list of waste in accordance with Article 7(2) and (3) as 

provided for in Article 7(1); 

•  establishing  a  common  methodology  and  minimum  quality  requirements  for  the 

uniform measurement of levels of food waste, as provided for in Article 9(8); 

•  establishing  rules  for  the  calculation,  verification  and  reporting  of  the  weight  of 
materials  or  substances  which  are  removed  after  a  sorting  operation  and  which  are 
not subsequently recycled, based on average loss rates for sorted waste, as provided 
for in Article 11a(10); 

•  setting out technical minimum standards for treatment activities, including for sorting 
and recycling of waste, which require a permit pursuant to Article 23 where there is 
evidence  that  a  benefit  in  terms  of  the  protection  of  human  health  and  the 

27   OJ L 313, 30.11.2010, p. 3. 

8 

 
 
 
environment  would  be  gained  from  such  minimum  standards,  as  provided  for  in 
Article 27(1); 

•  setting  out  the  minimum  standards  for  activities  of  establishments  or  undertakings 
which  collect  or  transport  waste  on  a  professional  basis  as  well  as  of  dealers  or 
brokers, that require registration where there is evidence that a benefit in terms of the 
protection  of  human  health  and  the  environment  or  in  avoiding  disruption  to  the 
internal  market  would  be  gained  from  such  minimum  standards,  as  provided  for  in 
Article 27(4); 

•  amending  point  R1  of  Annex  II  by  specifying  the  application  of  the  formula  for 

incineration facilities referred thereto, as provided for in Article 38(2); 

•  amending  Annexes  IV  and  V  in  the  light  of  scientific  and  technical  progress,  as 

provided for in Article 38(3). 

7.1.  Exercise of Delegation 

During  the  period  covered  by  the  report,  the  Commission  adopted  one  delegated  act  on  a 
common  methodology  and  minimum  quality  requirements  for  the  uniform  measurement  of 
levels of food waste.  

7.1.1.  Establishment and revision of a list of waste 

Pursuant  to  Article  7(1)  of  Directive  2008/98/EC,  the  Commission  is  empowered  to  adopt 
delegated  acts  establishing,  and  reviewing  in  accordance  with  paragraphs  2  and  3  of  this 
Article, a list of waste.  

Prior  to  the  period  covered  by  this  report,  based  on  former  Article  7(1)  of  Directive 
2008/98/EC, the Commission adopted a Commission Decision 2014/955/EU of 18 December 
2014 amending Decision 2000/532/EC on the list of waste pursuant to Directive 2008/98/28. 

The Commission has not identified the need to amend this act nor adopt a new one.  

7.1.2.  Establishment of common methodology and minimum quality requirements for 

the uniform measurement of levels of food waste 

According  to  Article  9(8)  of  the  Directive  2008/98/EC,  the  Commission  shall  adopt  a 
delegated act establishing a common methodology and minimum quality requirements for the 
uniform measurement of levels of food waste. On 3 of May 2019, the Commission adopted a 
Commission  Delegated  Decision  (EU)  2019/1597  supplementing  Directive  2008/98/EC  as 
regards  a  common  methodology  and  minimum  quality  requirements  for  the  uniform 
measurement of levels of food waste29. 

7.1.3.  Establishment  of  rules  for  the  calculation,  verification  and  reporting  of  the 
weight of materials or substances which are removed after a sorting operation 
and which are not subsequently recycled, based on average loss rates for sorted 
waste 

28   OJ L 370, 30.12.2014, p. 44. 
29   OJ L 248, 27.9.2019, p. 77. 

9 

 
 
Pursuant  to  Article  11(10)  of  Directive  2008/98/EC,  by  31  March  2019,  the  Commission 
shall adopt a delegated act establishing rules for the calculation, verification and reporting of 
the weight of materials or substances which are removed after a sorting operation and which 
are not subsequently recycled, based on average loss rates for sorted waste. 

The  Commission  adopted  a  proposal  for  a  Commission  Delegated  Decision  on  31  August 
2021, but the Council objected to this proposal on 13 December 202130.  

7.1.4.  Setting of technical minimum standards for treatment activities 

According to  Article 27(1) of  Directive 2008/98/EC, the Commission  shall adopt  delegated 
acts  in  order  to  supplement  the  Directive  by  setting  out  technical  minimum  standards  for 
treatment  activities,  including  for  sorting  and  recycling  of  waste,  which  require  a  permit, 
where  there  is  evidence  that  a  benefit  in  terms  of  the  protection  of  human  health  and  the 
environment would be gained from such minimum standards. 

The Commission has not identified the need to make use of the delegated power under this 
provision.  

7.1.5.  Setting out the minimum standards for activities  related to professional  waste 

collection and transport as well as of activities of dealers or brokers  

Pursuant  to  Article  27(4)  of  Directive  2008/98/EC,  the  Commission  shall  adopt  delegated 
acts in order to supplement the Directive by setting out the minimum standards for activities 
of establishments or undertakings which collect or transport waste on a professional basis as 
well as of dealers or brokers, where there is evidence that a benefit in terms of the protection 
of human health and the environment or in avoiding disruption to the internal market would 
be gained from such minimum standards. 

The Commission has not identified the need to make use of the delegated power under this 
provision.  

7.1.6.  Amendment of point R1 of Annex II  

According to Article 38(2) of Directive 2008/98/EC, the Commission is empowered to adopt 
delegated  acts  to  amend  the  Directive  by  specifying  the  application  of  the  formula  for 
incineration facilities referred to in point R1 of Annex II. Annex II contains a list of recovery 
operations,  one  of  which  is  R1,  described  as  “Use  principally  as  a  fuel  or  other  means  to 
generate energy”. 

In the period preceding this report, based on former Article 38(1) of Directive 2008/98/EC, 
the Commission adopted Commission Directive (EU) 2015/1127 of 10 July 2015 amending 
Annex II to Directive 2008/98/EC31. 

The Commission has not identified the need to amend this act nor adopt a new one.  

7.1.7.  Amendment of Annexes IV and V 

30   Delegated act details - Register of delegated acts (europa.eu) 
31   OJ L 184, 11.7.2015, p. 13. 

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Pursuant  to  Article 38(3) of Directive 2008/98/EC, the Commission is empowered to  adopt 
delegated  acts  to  amend  Annexes  IV  and  V  in  light  of  scientific  and  technical  progress. 
Annex  IV  contains  examples  of  waste  prevention  measures,  and  Annex  V  is  a  correlation 
table.  

The Commission has not identified the need to make use of the delegated power under this 
provision.  

8.  Conclusions 

In  the  period  covered  by  this  report,  the  Commission  exercised  the  delegated  powers 
conferred  upon  it  by  Directives  2000/53/EC  and  2008/98/EC  and  Regulation  (EC) 
1013/2006. The Commission invites the European Parliament and the Council to take note of 
this report. 

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