2011/753/EU: Commission Decision of 18 November 2011 establishing rules and calculation methods for verifying compliance with the targets set in Article 11(2) of Directive 2008/98/EC of the European Parliament and of the Council (notified under document C(2011) 8165)

25.11.2011 EN Official Journal of the European Union L 310/11
COMMISSION DECISION
of 18 November 2011
establishing rules and calculation methods for verifying compliance with the targets set in Article 11(2) of Directive 2008/98/EC of the European Parliament and of the Council
(notified under document C(2011) 8165)
(2011/753/EU)
THE EUROPEAN COMMISSION
,
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 Directives (1), and in particular Article 11(3) thereof,
Whereas:
(1) In order to ensure an effective implementation of the targets set in Article 11(2) of Directive 2008/98/EC, it is appropriate to define rules on the application of those targets.
(2) It is also necessary to determine methods for the calculation of the share of municipal waste and construction and demolition waste which is prepared for reuse, recycled or materially recovered in order to verify and monitor compliance with the targets set in Article 11(2) of Directive 2008/98/EC.
(3) Article 11(2)(a) of Directive 2008/98/EC leaves a certain flexibility to Member States as regards the municipal waste streams to which the targets are being applied. However, it is appropriate to define a range of options for Member States in order to clarify the practical application of verifying compliance with those targets.
(4) In order to avoid additional administrative burden, data on waste statistics reported under Regulation (EC) No 2150/2002 of the European Parliament and of the Council of 25 November 2002 on waste statistics (2) should be used as far as possible to verify compliance with the targets set in Article 11(2) of Directive 2008/98/EC.
(5) Where waste is exported out of the Union and there is sound evidence that the preparation for reuse, recycling or recovery took place under conditions that are equivalent to those prescribed by the legislation of the Union, that waste should be taken into account when verifying compliance with the targets set in Article 11(2) of Directive 2008/98/EC.
(6) A review of this Decision may be necessary, if measures are taken to reinforce the targets or targets for other waste streams are set.
(7) The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 39 of Directive 2008/98/EC,