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 · Text as adopted (Official Journal); later amendments are not incorporated in this text.