Calculating recycled municipal waste pursuant to Article 11a(1), Article 11a(2) and Article 11a(5) of Directive 2008/98/EC
Article 3
1. The amount of recycled municipal waste shall be the amount of municipal waste at the calculation point. The amount of municipal waste entering the recycling operation shall include targeted materials. It may include non-targeted materials only to the extent that their presence is permissible for the specific recycling operation. 2. Calculation points applicable to certain waste materials and certain recycling operations are specified in Annex I. 3. Where municipal waste materials cease to be waste at the calculation points specified in Annex I, the amount of those materials shall be included in the amount of recycled municipal waste. 4. Where the measurement point relates to the output of a facility that sends municipal waste for recycling without further preliminary treatment, or to the input to a facility where municipal waste enters the recycling operation without further preliminary treatment, the amount of sorted municipal waste that is rejected by the recycling facility shall not be included in the amount of recycled municipal waste. 5. Where a facility carries out preliminary treatment prior to the calculation point in that facility, the waste removed during the preliminary treatment shall not be included in the amount of recycled municipal waste reported by that facility. 6. Where municipal waste generated by a given Member State has been mixed with other waste or waste from another country before the measurement point or the calculation point, the proportion of municipal waste originating from a given Member State shall be identified using appropriate methods, such as electronic registries and sampling surveys. Where such waste undergoes further preliminary treatment, the amount of non-targeted materials removed by that treatment shall be deducted taking into account the proportion and, where appropriate, the quality of waste materials coming from municipal waste originating from a given Member State. 7. Where municipal waste materials enter recovery operations whereby those materials are used principally as a fuel or other means to generate energy, the output of such operations that is subject to material recovery, such as the mineral fraction of incineration bottom ash or clinker resulting from co-incineration, shall not be included in the amount of municipal waste recycled with the exception of metals separated and recycled after incineration of municipal waste. Metals incorporated in the mineral output of the co-incineration process of municipal waste shall not be reported as recycled. 8. Where municipal waste materials enter recovery operations whereby those materials are not principally used either as fuel or other means to generate energy, or for material recovery, but result in output that includes recycled materials, fuels or backfilling materials in significant proportions, the amount of recycled waste shall be determined by a mass balance approach which results in taking account only of waste materials that are subject to recycling.