§15 Reporting obligations for waste management operators

Legal provisions: According to Article 23(1), ‘Packaging waste management operators shall, on an annual basis, provide the competent authorities with the information on packaging waste listed in Table 3 of Annex XII to this Regulation, with the exception of information on packaging made available on the territory of the Member State for the first time, through the electronic registry or registries, in accordance with Article 35(1) of Directive 2008/98/EC. The packaging waste management operators shall, on an annual basis, provide the producers, in the case of individual fulfilment of extended producer responsibility obligations, or the producer responsibility organisation entrusted with carrying out those obligations, in the case of collective fulfilment of extended producer responsibility obligations, with all the information necessary to comply with the information obligations laid down in Article 44(10). Member States may, in accordance with national law, provide that, where public authorities are responsible for the organisation of the management of packaging waste, packaging waste management operators shall, on an annual basis, provide such public authorities with all the information necessary to comply with the information obligations laid down in Article 44(10), or with other means to supplement the electronic registry or registries, in accordance with Article 35(1) of Directive 2008/98/EC.’ According to Article 44(10), ‘Producers, in the case of individual fulfilment of extended producer responsibility obligations, the producer responsibility organisation entrusted with carrying out those obligations, in the case of collective fulfilment of extended producer responsibility obligations, or the re-use system operators, in the case where re-use systems are fulfilling the extended producer responsibility obligations, shall submit the information set out in Part B, point 3, of Annex IX to the competent authority for each preceding calendar year on an annual basis. Where under national law public authorities are responsible for the organisation of the management of packaging waste, Member States may provide that those authorities shall submit the information set out in Part B, point 3, of Annex IX.’ Commission’s interpretation: Waste management operators should be understood as any operator that handles ‘the collection, transport, recovery (including sorting), and disposal of waste, including the supervision of such operations and the aftercare of disposal sites, and including actions taken as a dealer or broker’ as defined in Article 3(9) in the Waste Framework Directive (WFD). Article 23 does not specify who the obliged packaging waste management operator is, how the information is to be submitted, or under what circumstances it must be submitted. It is therefore the understanding of the Commission that the obligations for waste management operators to provide information on packaging waste should be interpretated as general requirements to help the Producer Responsibility Organisations (PROs), producers and competent authorities to fulfil their reporting obligations set out in Article 44(10). Member States would therefore need to specify under what circumstances it is necessary that a packaging waste management operator provides the required information. The first subparagraph of Article 23(1) lays down that packaging waste management operators must provide competent authorities with the information listed in Table 3 of Annex XII, with the exception of information on hazardous packaging waste, which is already reported to competent authorities, as specified under Article 35(1) of the WFD, and packaging made available on the territory of the Member State for the first time or unpacked, as packaging waste management operators would not have such information. Given that competent authorities will receive the information in Table 3 of Annex XII via the register of producers, to be established under Article 44, packaging waste management operators must provide this information only if it is needed to cross-check that the data reported by the producer responsibility organisation (PRO), producer, or another competent authority is accurate, or under other circumstances specified by a Member State.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07