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11.12.2012 Official
Journal
of
the
European
Union L
337/31
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,
HAS ADOPTED THIS REGULATION:
Having regard to the Treaty on the Functioning of the European
Article 1
Union,
Subject matter
Having regard to Directive 2008/98/EC of the European
This Regulation establishes criteria determining when glass
Parliament and of the Council of 19 November 2008 on
cullet destined for the production of glass substances or
waste and repealing certain Directives ( 1 ) and in particular
objects in re-melting processes ceases to be waste.
Article 6(2) thereof,
Article 2
Whereas:
Definitions
(1) It
results
from
an
evaluation
of
several
waste
streams
that For the purposes of this Regulation, the definitions set out in
recycling markets for glass cullet would benefit from the
Directive 2008/98/EC shall apply.
development of specific criteria determining when glass
cullet obtained from waste ceases to be waste. Those
In addition, the following definitions shall apply:
criteria should ensure a high level of environmental
protection. They should be without prejudice to the clas
(1) ‘glass cullet’ means cullet generated from the recovery of
sification of glass cullet as waste by third countries.
waste glass;
(2)
Reports of the Joint Research Centre of the European
(2) ‘holder’ means the natural or legal person who is in
Commission have shown that a market and demand
possession of glass cullet;
exist for glass cullet to be used as feedstock in the
glass producing industry. Glass cullet should therefore
(3) ‘producer’ means the holder who transfers glass cullet to
be sufficiently pure and meet the relevant standards or
another holder for the first time as glass cullet which has
specifications required by the glass producing industry.
ceased to be waste;
(3) The
criteria
determining
when
glass
cullet
cease
to
be (4) ‘importer’ means any natural or legal person established
waste should ensure that cullet resulting from a
within the Union who introduces glass cullet which has
recovery operation meet the technical requirements of
ceased to be waste into the customs territory of the Union;
the glass producing industry, comply with existing legis
lation and standards applicable to products and do not
lead to overall adverse environmental or human health
(5) ‘qualified staff’ means staff which is qualified by experience
impacts. Reports of the Joint Research Centre of the
or training to monitor and assess the properties of glass
European Commission have shown that the proposed
cullet;
criteria on the waste used as input in the recovery oper
ation, on the treatment processes and techniques, as well
(6) ‘visual inspection’ means inspection of glass cullet covering
as on the glass cullet resulting from the recovery
all parts of a consignment and using human senses or any
operation fulfil those objectives as they should result in
non-specialised equipment;
the generation of cullet devoid of hazardous properties
and sufficiently free of non-glass components.
(7) ‘consignment’ means a batch of glass cullet which is
intended for delivery from a producer to another holder
(4) In
order
to
ensure
compliance
with
the
criteria,
it
is
and may be contained in either one or several transport
appropriate to provide that information on glass cullet
units, such as containers.
which has ceased to be waste is issued and that a
management system is implemented.
Article 3
Criteria for glass cullet
(5)
In order to allow operators to adapt to the criteria deter
mining when glass cullet ceases to be waste, it is appro
Glass cullet shall cease to be waste where, upon transfer from
priate to provide for a reasonable period to elapse before
the producer to another holder, all of the following conditions
this Regulation applies.
are fulfilled:
(6) The
measures
provided
for
in
this
Regulation
are
in (1) the cullet resulting from the recovery operation complies
accordance with the opinion of the Committee estab
with the criteria set out in Section 1 of Annex I;
lished by Article 39 of Directive 2008/98/EC,
(2) the waste used as input for the recovery operation complies
( 1 ) OJ L 312, 22.11.2008, p. 3.
with the criteria set out in Section 2 of Annex I;

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L 337/32
EN
Official Journal of the European Union
11.12.2012
(3) the waste used as input for the recovery operation has been
4. A
conformity
assessment
body,
as
defined
in
Regulation
treated in accordance with the criteria set out in Section 3
(EC) No 765/2008 of the European Parliament and of the
of Annex I;
Council ( 1 ), which has obtained accreditation in accordance
with that Regulation, or an environmental verifier, as defined
in Article 2(20)(b) of Regulation (EC) No 1221/2009 of the
(4) the producer has satisfied the requirements set out in
European Parliament and of the Council (
Articles 4 and 5;

2 ), which is accredited
or licensed in accordance with that Regulation, shall verify that
the management system complies with the requirements of this
(5) the glass cullet is destined for the production of glass
Article. The verification shall be carried out every three years.
substances or objects in re-melting processes.
Only verifiers with the following scopes of accreditation or
licence based on the NACE Codes as specified in Regulation
(EC) No 1893/2006 of the European Parliament and of the
Article 4
Council ( 3 ) are regarded to have sufficient specific experience
Statement of conformity
to perform the verification mentioned in this Regulation:
1. The
producer
or
the
importer
shall
issue,
for
each
consignment of glass cullet, a statement of conformity
— * NACE Code 38 (Waste collection, treatment and disposal
conforming to the model set out in Annex II.
activities; material recovery), or
2. The
producer
or
the
importer
shall
transmit
the
statement
of conformity to the next holder of the glass cullet
— * NACE Code 23.1 (Manufacture of glass and glass prod
consignment. The producer or the importer shall retain a
ucts).
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.
5. The
importer
shall
require
his
suppliers
to
implement
a
management system which complies with the requirements of
3. The
statement
of
conformity
may
be
in
electronic
form.
paragraphs 1, 2 and 3 of this Article and has been verified by
an independent external verifier.
Article 5
Management system
The management system of the supplier shall be certified by a
conformity assessment body which is accredited by an accredi
1. The
producer
shall
implement
a
management
system tation body successfully peer evaluated for this activity by the
suitable to demonstrate compliance with the criteria referred
body recognised in Article 14 of Regulation (EC) No 765/2008;
to in Article 3.
or by an environmental verifier which is accredited or licensed
by an accreditation or licensing body according to Regulation
2. The
management
system
shall
include
a
set
of
docu
(EC) No 1221/2009 which is also subject to peer evaluation
mented procedures concerning each of the following aspects:
according to Article 31 of that Regulation, respectively.
(a) monitoring of the quality of glass cullet resulting from the
Verifiers who want to operate in third countries must obtain a
recovery operation as set out in Section 1 of Annex I
specific accreditation or licence, in accordance with the specifi
(including sampling and analysis);
cations laid down in Regulation (EC) No 765/2008 or Regu
lation (EC) No 1221/2009 together with Commission Decision
(b) acceptance control of waste used as input for the recovery
2011/832/EU ( 4 ).
operation as set out in Section 2 of Annex I;
6. The producer shall give competent authorities access to
(c) monitoring of the treatment processes and techniques
the management system upon request.
described in Section 3 of Annex I;
(d) feedback from customers concerning compliance with glass
Article 6
cullet quality;
Entry into force
(e) record keeping of the results of monitoring conducted
This Regulation shall enter into force on the twentieth day
under points (a) to (c);
following that of its publication in the Official Journal of the
European Union.
(f) review and improvement of the management system;
It shall apply from 11 June 2013.
(g) training of staff.
( 1 ) OJ L 218, 13.8.2008, p. 30.
( 2 ) OJ L 342, 22.12.2009, p. 1.
3. The
management
system
shall
also
prescribe
the
specific ( 3 ) OJ L 393, 30.12.2006, p. 1.
monitoring requirements set out in Annexes I for each criterion.
( 4 ) OJ L 330, 14.12.2011, p. 25.

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EN
11.12.2012 Official
Journal
of
the
European
Union L
337/33
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 December 2012.
For the Commission
The President
José Manuel BARROSO

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L 337/34
ANNEX I
Criteria for glass cullet
Criteria
Self-monitoring requirements
EN
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 Qualified staff shall verify that each consignment complies with the appropriate specification.
standard for direct use in the production of glass substances or objects by re-melting in
glass manufacturing facilities.
1.2. The content of the following non-glass components shall be:
Qualified staff shall carry out a visual inspection of each consignment.
— Ferrous metals: ≤ 50 ppm;
At appropriate intervals and subject to review if significant changes in the operating process are made, repre
Off
sentative samples of glass cullet shall be analysed gravimetrically to measure the total non-glass components. The
icial
— Non-ferrous metals: ≤ 60 ppm;
non-glass component content shall be analysed by weighing after mechanical or manual (as appropriate)
separation of materials under careful visual inspection.
Jour
— Non-metal non-glass inorganics:
nal
The appropriate frequencies of monitoring by sampling shall be established taking into account the following
of
factors:
< 100 ppm for glass cullet size > 1mm;
the
European
— The expected pattern of variability (for example as shown by historical results).
< 1 500 ppm for glass cullet size ≤ 1 mm;
— The inherent risk of variability in the quality of waste glass used as input for the recovery operation and any
— Organics: ≤ 2 000 ppm.
subsequent processing. Pre-consumer waste glass with a highly predictable composition needs likely less
Union
frequent monitoring. Waste glass from multi-material collection may need more frequent monitoring.
Examples of non-metal non-glass inorganics are: ceramics, stones, porcelain, pyro-
ceramics.
— The inherent precision of the monitoring method.
Examples of organics are: paper, rubber, plastic, fabrics, wood.
— 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 Qualified staff shall carry out a visual inspection of each consignment. Where visual inspection raises any
Directive 2008/98/EC. The glass cullet shall comply with the concentration limits laid suspicion of possible hazardous properties, further appropriate monitoring measures shall be taken, such as
down in Commission Decision 2000/532/EC (1 ), and not exceed the concentration limits sampling and testing where appropriate.
laid down in Annex IV of Regulation (EC) No 850/2004/EC of the European Parliament
and of the Council (2 ).
The staff shall be trained on potential hazardous properties that may be associated with glass cullet and on
11.12.2012
material components or features that allow recognising the hazardous properties.
The procedure of recognising hazardous materials shall be documented under the management system.

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11.12.2012 Off
Criteria
Self-monitoring requirements
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 Acceptance control of all glass-containing waste received (by visual inspection) and of the accompanying docu
tableware may be used as input. The collected waste glass may unintentionally mentation shall be carried out by qualified staff who are trained on how to recognise glass-containing waste that
contain minor amounts of other glass types.
does not meet the criteria set out in this Section.
EN

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.
icial
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
Jour
have been completed.
nal
(1 ) OJ L 226, 6.9.2000, p. 3.
of
(2 ) OJ L 229, 30.4.2004, p. 1.
the
European
Union
L
337/35

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L 337/36
EN
Official Journal of the European Union
11.12.2012
ANNEX II
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 or by an environmental
verifier or, where glass cullet which has ceased to be waste is imported into the customs territory of the Union, by
an independent external verifier.
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:

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