Commission Implementing Decision (EU) 2021/19 of 18 December 2020 laying down a common methodology and a format for reporting on reuse in accordance with Directive 2008/98/EC of the European Parliament and of the Council (notified under document C(2020) 8976) (Text with EEA relevance)

12.1.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n U nion L 10/1 II (Non-legislative acts) DECISIONS COMMISSION IMPLEMENTING DECISION (EU) 2021/19 of 18 December 2020 laying down a common methodology and a format for reporting on reuse in accordance with Directive 2008/98/EC of the European Parliament and of the Council (notified under document C(2020) 8976) (Text with EEA relevance) 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 Articles 9(7) and 37(7) thereof, Whereas: (1) Directive 2008/98/EC lays down an obligation for Member States to take measures to encourage reuse as part of their waste prevention programmes, and to monitor and assess the implementation of their measures on reuse by measuring reuse in accordance with a common methodology, which is to be established by the Commission. (2) Directive 2008/98/EC also lays down an obligation for Member States to report data on reuse to the Commission every year in a format to be established by the Commission. (3) The common methodology and the format for reporting are closely linked and are to be applied together. In the interest of simplicity and ease of application, it is therefore appropriate to adopt both measures in a single act. (4) In order for the measuring and reporting to be as accurate as possible, double counting of products should be avoided. Only the products that are actually being reused should be counted. Products that are merely offered for reuse, such as products that are donated to reuse operators and other products for which reuse is not certain, should not be included in reuse measured and reported to the Commission. (5) In view of the limitations to and difficulties in collecting data on reuse due to the broad scope of product categories, the fact that measurement of reuse is a novel exercise and the administrative burdens associated with the collection of data on reuse, the common methodology for measuring and the format for reporting should be proportional, appropriate and cost efficient. Therefore, the common methodology should allow for the use of a variety of data gathering tools to measure reuse. (1) OJ L 312, 22.11.2008, p. 3.L 10/2 E N O f f i c i a l J o u r n a l o f t h e E u r o p e an Union 12.1.2021 (6) The common methodology should focus as much as possible on the collection of quantitative data on reuse in order to allow for the determination of the scale of the reuse sector. Such quantitative data should be collected on a regular basis. In order to limit the administrative burden on Member State authorities while ensuring that the data measured and reported are sufficiently up to date, Member States should measure the reuse for a given product category at least once every third year. (7) In order to monitor the implementation of measures on reuse and to gain a better understanding of the impacts of the measures taken by Member States to stimulate reuse, the common methodology for reporting on reuse should also allow for an identification of key measures to facilitate reuse. (8) In order to monitor reuse and to gain a better understanding of the reuse sector, reporting on reuse should include a combination of qualitative and quantitative data. Certain data should be reported on a voluntary basis, including the data on reuse for specific channels through which a product changes ownership, to facilitate the exchange of best practices and allow the stakeholders involved to gain a better understanding of reuse. (9) 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, HAS ADOPTED THIS DECISION: Article 1 Common methodology for the measurement of reuse 1. For the purposes of Article 9(4) of Directive 2008/98/EC, Member States shall measure reuse by carrying out a qualitative and a quantitative monitoring of measures on reuse. 2. The qualitative monitoring referred to in paragraph 1 shall include an identification and description of measures on reuse and an assessment of their impacts or expected impacts, on the basis of the available data. The qualitative monitoring shall be carried out each year. 3. The quantitative monitoring referred to in paragraph 1 shall be carried out by measuring reuse generated by reuse operators or households in accordance with any of the following methods or a combination of those methods or any other method equivalent in terms of relevance, representativeness and reliability: (a) direct measurement of reuse by using a measuring device to determine the mass of reused products; (b) mass balance calculation of reuse on the basis of the mass of inputs and outputs of products in reuse operations; (c) questionnaires and interviews of reuse operators or households; (d) diaries of individuals keeping a record or log of information on reuse on a regular basis. The quantitative monitoring for a given product category shall be carried out at least once every three years. The first monitoring shall cover all product categories and shall be carried out for the first reporting period referred to in the third subparagraph of Article 37(3) of Directive 2008/98/EC. 4. Member States shall take appropriate measures to ensure the reliability and accuracy of the data on reuse. In particular, Member States shall ensure that the measurement of reuse carried out in accordance with the common methodology set out in this Article is based on a representative sample of the population or of reuse operators or households as applicable.12.1.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n U nion L 10/3 Article 2 Reporting on reuse Member States shall report the data and submit the quality check report concerning the implementation of Article 9(4) of Directive 2008/98/EC in the format laid down in the Annex. Article 3 Addressees This Decision is addressed to the Member States. Done at Brussels, 18 December 2020. For the Commission Virginijus SINKEVIČIUS Member of the CommissionL 10/4 E N O f f i c i a l J o u r n a l o f t h e E u r o p e an Union 12.1.2021 ANNEX Formats for reporting on reuse A. FORMAT FOR THE REPORTING ON THE QUALITATIVE DATA ON REUSE Identification and description of measures and, for row 4, qualitative assessment of their impacts or expected impacts 1 Public authorities mainly responsible for the adoption and imple­ mentation of the measures (at the highest administrative level) 2 Products addressed by the measures 3 Reuse operations addressed by the measures 4 Content of the measures: — Logistic measures aimed at supporting reuse operations (e.g. iden­ tification and addressing of barriers and possibilities, help with the improvement of collection models for reusable products) — Economic and fiscal measures, including public procurement — Educational measures, including information and awareness rais­ ing campaigns (e.g. target groups, population covered, territory covered, frequency) — Other measures such as support to or establishment of accredited repair and reuse-centres and networks or support to new business models such as sharing schemes, repair and remanufacturing 5 Actions taken to monitor and assess reuse through qualitative or quantitative indicators and targets in accordance with Article 9(3) of Directive 2008/98/EC 6 Other (please specify) B. FORMAT FOR THE REPORTING ON THE QUANTITATIVE DATA ON REUSE 1. Reuse per product category channel through which the reused products changed ownership Product category Private gift/ Other channel Physical shop/ Online platform Total reuse (in donation (in (please specify) (in market (in tonnes) (in tonnes) tonnes) tonnes) tonnes) Textiles Please provide infor­ mation on subcate­ gories if available Electrical and elec­ tronic equipment12.1.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n U nion L 10/5 Please provide infor­ mation on subcate­ gories if available Furniture Please provide infor­ mation on subcate­ gories if available Construction mate­ rial and products Please provide infor­ mation on subcate­ gories if available Other products for which measures were adopted Please provide infor­ mation on subcate­ gories if available Notes: Insert additional rows as appropriate. Shaded boxes: the provision of data is voluntary. 2. Reuse operators Number of reuse operators on the territory of the Member State (either the number of operators that are members of an accredited centre or network, or an estimate of the total number of operators) Note: the provision of this data is voluntary. C. FORMAT FOR THE QUALITY CHECK REPORT 1. Objectives of the report The objectives of the quality check report are the following: (a) evaluate the methodologies for measurement of reuse; (b) evaluate the quality of data reported on the amounts of reuse; (c) evaluate the quality of data collection processes, including the scope and validation of administrative data sources and the statistical validity of survey-based approaches; (d) give reasons for significant changes in reported data between reporting periods and ensure confidence in the accuracy of that data. 2. General information Member State: Organisation submitting the data and the descriptions referred to in points 3.1, 3.2 and 4.1:L 10/6 E N O f f i c i a l J o u r n a l o f t h e E u r o p e an Union 12.1.2021 Reporting period: Delivery date/version: Link to data publication by the Member State (if any): 3. Information concerning measurement of reuses 3.1. General description of the sources of information and data used for reporting on measures on reuse in accordance with section A and of the sources of data used for reporting on the amount of reused products in accordance with Section B Please indicate the source(s) of information and data. 3.2. Detailed description of the methods used for reporting on measures on reuse in accordance with section A and for reporting on the amount of reused products in accordance with Section B Please describe the methods for measuring reuse. The description shall include the following: (a) a description of the reuse operations that are included within the scope of reuse for the purposes of the measurement; (b) a short description of the methods used; (c) a description of the methods used to identify the reuse operators; (d) an indication of the entities providing data reported in Section B of the report; (e) in case of sampling or scaling, information about the size and selection of the sample or scale and a description of the methods used for such sampling or scaling; (f) in case a conversion table was used to calculate the amount of products reused in tonnes, information on the conversion factors used; (g) where qualitative or quantitative indicators or targets referred to in Article 9(3) of Directive 2008/98/EC were used, information on those indicators and on the level of that target and the products covered by it; (h) a description of the main issues affecting the accuracy of the data, including errors related to sampling, coverage, measurement, processing and non-response; (i) a description of the data validation process, including possible sources of uncertainty and their likely impact on the results reported. 4. Notification of methodological changes and problems 4.1. Description of methodological changes (if applicable) Please describe significant methodological changes in the calculation method for the reporting period in relation to the previous reporting period, if any (please include, in particular, retrospective revisions and their nature). Please describe the changes separately for the reporting in accordance with section A and the reporting in accordance with section B. 4.2. Explanation of tonnage difference (if applicable) Please explain the causes of the tonnage difference (which product categories or estimates have caused the difference, and what the underlying cause is) where the variation is greater than 20 % compared to the data submitted for the previous reporting period. 4.3. Notification of problems (if any) In case you have experienced problems with the collection of the requested data, please provide a description of those problems. 5. Confidentiality Please provide a justification for withholding the publication of specific parts of this report, if necessary. For each case, please indicate the precise location of those parts (the respective cell or cells).12.1.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n U nion L 10/7 6. Main national websites, reference documents and publications Please provide links to main national websites, reference documents and publications on measures on reuse reported in accordance with Section A. Please provide links to main national websites, reference documents and publications used for the purposes of reporting in accordance with Section B.