Answer given by Mr Vella on behalf of the European Commission
13.3.2019
The comprehensive rules on waste classification are established by the directive 2008/98/EC (Waste Framework Directive, WFD)[1] in combination with the European list of waste established by Commission Decision 2000/532/EC[2]. This set of rules is explained in detail by the Commission notice[3] on technical guidance on the classification of waste.
Member States have the obligation to take the measures necessary to comply with this directive and this decision, as well as to apply and enforce their provisions effectively and completely. The distribution of powers and roles is left to Member State internal organisation. Therefore, in this case it is up to each Member State to decide which body has the competence at national level.
Article 6 of WFD regulates under what conditions waste can cease to be waste, and not waste classification as hazardous or non-hazardous. Moreover, the transboundary movement of waste in the EU is regulated by Regulation (EC) No 1013/2006 on shipments of waste[4].