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.

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: