Commission Regulation (EU) No 1179/2012Show full title

Commission Regulation (EU) No 1179/2012

of 10 December 2012

establishing criteria determining when glass cullet ceases to be waste under Directive 2008/98/EC of the European Parliament and of the Council

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 6(2) thereof,

Whereas:

(1) It results from an evaluation of several waste streams that recycling markets for glass cullet would benefit from the development of specific criteria determining when glass cullet 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 glass cullet as waste by third countries.

(2) Reports of the Joint Research Centre of the European Commission have shown that a market and demand exist for glass cullet to be used as feedstock in the glass producing industry. Glass cullet should therefore be sufficiently pure and meet the relevant standards or specifications required by the glass producing industry.

(3) The criteria determining when glass cullet cease to be waste should ensure that cullet resulting from a recovery operation meet the technical requirements of the glass 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 glass cullet resulting from the recovery operation fulfil those objectives as they should result in the generation of cullet devoid of hazardous properties and sufficiently free of non-glass components.

(4) In order to ensure compliance with the criteria, it is appropriate to provide that information on glass cullet which has ceased to be waste is issued and that a management system is implemented.

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

(6) The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 39 of Directive 2008/98/EC,

HAS ADOPTED THIS REGULATION:

Modifications etc. (not altering text)

C1 Regulation: power to modify conferred (26.2.2022) by The Waste and Agriculture (Legislative Functions) Regulations 2022 (S.I. 2022/190), regs. 1(1), 16(1)(5)(b)

Article 1 U.K. Subject matter

This Regulation establishes criteria determining when glass cullet destined for the production of glass substances or objects in re-melting processes ceases to be waste.

Article 2 U.K. 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)

‘glass cullet’ means cullet generated from the recovery of waste glass;

(1A)

[F1 “competent authority” means—

(a)

in relation to England, the Environment Agency;

(b)

in relation to Wales, the Natural Resources Body for Wales;

(c)

in relation to Scotland, the Scottish Environment Protection Agency;

(d)

in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;]

(2)

‘holder’ means the natural or legal person who is in possession of glass cullet;

(3)

‘producer’ means the holder who transfers glass cullet to another holder for the first time as glass cullet which has ceased to be waste;

(4)

‘importer’ means any natural or legal person established within the [F2 United Kingdom] who introduces glass cullet which has ceased to be waste into the [F3 United Kingdom];

(5)

‘qualified staff’ means staff which is qualified by experience or training to monitor and assess the properties of glass cullet;

(6)

‘visual inspection’ means inspection of glass cullet covering all parts of a consignment and using human senses or any non-specialised equipment;

(7)

‘consignment’ means a batch of glass cullet 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.

Textual Amendments

F1 Art. 2(1A) inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 11(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 2(4) substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 11(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 2(4) substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 11(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[F4 Article 2A U.K. Modification of Directive 2008/98/EC of the European Parliament and of the Council

1. For the purposes of this Regulation, a reference to Directive 2008/98/EC is a reference to Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Directive (EU) 2018/851, and read in accordance with this Article.

2. A reference to one or more member States in a provision imposing an obligation or conferring a discretion on a member State or member States is to be read as a reference to the competent authority, appropriate authority or local authority which, immediately before IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion.

3. Article 5 is to be read as if—

(a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

(b) after paragraph 1 there were inserted—

“1A.

Any decision as to whether a substance or object is a by-product must be made—

(a) in accordance with any regulations setting out detailed criteria on the application of the conditions in paragraph 1 to specific substances or objects; and

(b) having regard to any guidance published by the appropriate authority or the competent authority for the purposes of this Article.”;

(c) paragraphs 2 and 3 were omitted.

4. Article 6 is to be read as if—

(a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

(b) after paragraph 1 there were inserted—

“1A.

Any decision as to whether a substance or object has ceased to be waste must be made—

(a) in accordance with any regulations or retained direct EU legislation setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; and

(b) having regard to any guidance published by the appropriate authority or the competent authority for the purposes of this Article.”;

(c) in paragraph 2—

(i) the first subparagraph were omitted;

(ii) in the second subparagraph, for “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;

(iii) the third and fourth subparagraphs were omitted;

(d) paragraph 3 were omitted;

(e) in paragraph 4—

(i) in the first subparagraph—

(aa) in the first sentence, for the words from the beginning to “Member State”, there were substituted “Where criteria have not been set out as referred to in paragraph 1A(a), the competent authority”;

(bb) the second sentence were omitted;

(ii) in the second subparagraph—

(aa) for “Member States” there were substituted “The competent authority”;

(bb) “by competent authorities” were omitted.

5. Article 7 is to be read as if—

(a) before paragraph 1 there were inserted—

“A1.

In this Article, the “list of waste” means the list contained in the Annex to Commission Decision 2000/532/EC, as that list has effect in England, Wales, Scotland or Northern Ireland (as the case may be).”;

(b) in paragraph 1—

(i) the first and second sentences were omitted;

(ii) for the third sentence there were substituted “The list of waste shall, except as provided in Commission Decision 2000/532/EC, be binding as regards determination of the waste which is to be considered as hazardous waste or as non-hazardous waste.”;

(c) paragraphs 2, 3, 6 and 7 were omitted.

6. Annex 3 is to be read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted.

7. In this Article—

(a) “appropriate authority” means—

(i) in relation to England, the Secretary of State;

(ii) in relation to Wales, the Welsh Ministers;

(iii) in relation to Scotland, the Scottish Ministers;

(iv) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

(b) “local authority” means—

(i) in England outside Greater London—

• — a district council,

• — a county council, or

• — the Council of the Isles of Scilly;

(ii) in Greater London—

• — the council of a London borough,

• — the Common Council of the City of London,

• — the Sub-Treasurer of the Inner Temple, or

• — the Under-Treasurer of the Middle Temple;

(iii) in Wales—

• — a county council, or

• — a county borough council;

(iv) in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

(v) in Northern Ireland, a district council established under section 1 of the Local Government Act (Northern Ireland) 1972.]

Textual Amendments

F4 Art. 2A inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 11(3) (as amended by S.I. 2020/1540, regs. 1(3), 14(7)(a)); 2020 c. 1, Sch. 5 para. 1(1)

Article 3 U.K. Criteria for glass cullet

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

(1)

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

(2)

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

(3)

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;

(4)

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

(5)

the glass cullet is destined for the production of glass substances or objects in re-melting processes.

Article 4 U.K. Statement of conformity

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

2. The producer or the importer shall transmit the statement of conformity to the next holder of the glass cullet 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 U.K. Management system

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

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

(a) monitoring of the quality of glass cullet 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) feedback from customers concerning compliance with glass cullet quality;

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

(f) review and improvement of the management system;

(g) training of staff.

3. The management system shall also prescribe the specific monitoring requirements set out in Annexes I for each criterion.

4. A conformity assessment body, as defined in Regulation (EC) No 765/2008 of the European Parliament and of the Council(2), which has obtained accreditation in accordance with that Regulation F5 ..., 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 [F6 UK Standard Industrial Classification (SIC) by Economic Activity, issued under section 9 of the Statistics and Registration Service Act 2007, as updated from time to time]:

• * [F7 UKSICEA] Code 38 (Waste collection, treatment and disposal activities; material recovery), or

• * [F7 UKSICEA] Code 23.1 (Manufacture of glass and glass 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) No 765/2008 F8 ....

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 F9 ... .

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

[F10 7. In paragraph 5, “independent external verifier” means—

(a) a conformity assessment body as defined in Regulation (EC) No 765/2008;

(b) a conformity assessment body as defined in Regulation (EC) No 765/2008 as it has effect in EU law which is accredited by an accreditation body successfully peer evaluated for this activity by the body recognised in Article 14 of that Regulation as it has effect in EU law;

(c) any other environmental verifier as defined in Article 2(20)(b) of Regulation (EC) No 1221/2009 of the European Parliament and of the Council on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) as it has effect in EU law, which is accredited or licensed by an accreditation or licensing body which is subject to peer evaluation according to Article 31 of that Regulation as it has effect in EU law.]

Textual Amendments

F5 Words in Art. 5(4) omitted (31.12.2020) by virtue of The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 11(4)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 5(4) substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 11(4)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F7 Word in Art. 5(4) substituted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 11(4)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 5(5) omitted (31.12.2020) by virtue of The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 11(4)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 5(5) omitted (31.12.2020) by virtue of The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 11(4)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F10 Art. 5(7) inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 11(4)(c); 2020 c. 1, Sch. 5 para. 1(1)

[F11 Article 5A U.K. EU exit: transitional provision

1. Paragraph 3 applies to verification obtained in compliance with Article 5 as it had effect immediately before IP completion day.

2. Paragraph 3 also applies where—

(a) before exit day, a producer or supplier of an importer has submitted a management system to a conformity assessment body or an environmental verifier for verification in compliance with Article 5 as it had effect immediately before IP completion day, and

(b) after IP completion day, the producer or supplier obtains that verification.

3. Where this paragraph applies, the verification obtained is deemed to be verification for the purposes of Article 5.]

Textual Amendments

F11 Art. 5A inserted (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 11(5) (as amended by S.I. 2020/1540, regs. 1(3), 14(7)(b)); 2020 c. 1, Sch. 5 para. 1(1)

Article 6 U.K. F12 Entry into force

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 Art. 6 omitted (31.12.2020) by virtue of The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 11(6); 2020 c. 1, Sch. 5 para. 1(1)

F13 ...

Done at Brussels, 10 December 2012.

For the Commission

The President

José Manuel Barroso

Textual Amendments

F13 Words in Signature omitted (31.12.2020) by virtue of The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 11(7); 2020 c. 1, Sch. 5 para. 1(1)

ANNEX I U.K.

Criteria for glass cullet

a OJ L 226, 6.9.2000, p. 3.
b OJ L 229, 30.4.2004, p. 1.
Criteria	Self-monitoring requirements
Section 1. Quality of glass cullet resulting from the recovery operation
1.1. The glass cullet shall comply with a customer specification, an industry specification or a standard for direct use in the production of glass substances or objects by re-melting in glass manufacturing facilities.	Qualified staff shall verify that each consignment complies with the appropriate specification.
1.2. The content of the following non-glass components shall be: Ferrous metals: ≤ 50 ppm; Non-ferrous metals: ≤ 60 ppm; Non-metal non-glass inorganics: < 100 ppm for glass cullet size > 1mm; < 1 500 ppm for glass cullet size ≤ 1 mm; Organics: ≤ 2 000 ppm. Examples of non-metal non-glass inorganics are: ceramics, stones, porcelain, pyro-ceramics. Examples of organics are: paper, rubber, plastic, fabrics, wood.	Qualified staff shall carry out a visual inspection of each consignment. At appropriate intervals and subject to review if significant changes in the operating process are made, representative samples of glass cullet shall be analysed gravimetrically to measure the total non-glass components. The non-glass component 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 waste glass used as input for the recovery operation and any subsequent processing. Pre-consumer waste glass with a highly predictable composition needs likely less frequent monitoring. Waste glass from multi-material collection may need more frequent monitoring. The inherent precision of the monitoring method. The proximity of results of the non-glass component content to the limits indicated above. The process of determining monitoring frequencies should be documented as part of the management system and should be available for auditing.
1.3. The glass cullet shall not display any of the hazardous properties listed in Annex III to Directive 2008/98/EC. The glass cullet shall comply with the concentration limits laid down in Commission Decision 2000/532/ECa, and not exceed the concentration limits laid down in Annex IV of Regulation (EC) No 850/2004/EC of the European Parliament and of the Councilb.	Qualified staff shall carry out a visual inspection of each consignment. Where visual inspection raises any suspicion of 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 glass cullet and on material components or features that allow recognising the hazardous properties. The procedure of recognising hazardous materials shall be documented under the management system.
Section 2. Waste used as input for the recovery operation
2.1. Only waste from the collection of recoverable container glass, flat glass or lead-free tableware may be used as input. The collected waste glass may unintentionally contain minor amounts of other glass types.	Acceptance control of all glass-containing waste received (by visual inspection) and of the accompanying documentation shall be carried out by qualified staff who are trained on how to recognise glass-containing waste that does not meet the criteria set out in this Section.
2.2. Glass-containing waste from mixed municipal solid waste or healthcare waste shall not be used as an input.
2.3. Hazardous waste shall not be used as an input.
Section 3. Treatment processes and techniques
3.1. The glass-containing waste shall have been collected, separated and processed, and from that moment shall permanently have been kept separate from any other waste. 3.2. All treatments such as: crushing, sorting, separating, or cleaning, needed to prepare the cullet for direct use (via re-melting) in the production of glass substances or objects shall have been completed.

ANNEX II U.K.

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

1.	Producer/importer of the glass cullet: Name: Address: Contact person: Telephone: Fax: E-mail:
2.	(a) Name or code of the glass cullet category in accordance with an industry specification or standard: (b) Main technical provisions of the industry specification or standard, including compliance with EoW product quality requirements for non-glass components, i.e. content of ferrous metals, non-ferrous metals, non-metal/non-glass inorganics and organics:
3.	The glass cullet consignment complies with the industry specification or standard referred to in point 2.
4.	Quantity of the consignment in kg:
5.	The producer of the glass cullet applies a management system complying with the requirements of Regulation (EU) No 1179/2012, which has been verified by an accredited conformity assessment body F14 ....
6.	The glass cullet consignment meets the criteria referred to in paragraphs 1 to 3 of Article 3 of Regulation (EU) No 1179/2012.
7.	The material in this consignment is intended exclusively for direct use in the production of glass substances or objects in re-melting processes.
8.	Declaration of the producer/importer of the glass cullet: I certify that the above information is complete and correct and to my best knowledge: Name: Date: Signature:

Textual Amendments

F14 Words in Annex 2 Table omitted (31.12.2020) by virtue of The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620), regs. 1(2)(b), 11(8); 2020 c. 1, Sch. 5 para. 1(1)

(1)

OJ L 312, 22.11.2008, p. 3.

(2)

OJ L 218, 13.8.2008, p. 30.