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, 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 (') and in particular Article 6(2) thereof, Whereas: (1) It results from an evaluation of several waste streams that recycling markets for glass cullet would benefit from the development of specific criteria determining when glass cullet obtained from waste ceases to be waste. Those criteria should ensure a high level of environmental protection. They should be without prejudice to the clas- sification of glass cullet as waste by third countries. (2)  Reports of the Joint Research Centre of the European Commission have shown that a market and demand exist for glass cullet to be used as feedstock in the glass producing industry. Glass cullet should therefore be sufficiently pure and meet the relevant standards or specifications required by the glass producing industry. (3)  The criteria determining when glass cullet cease to be waste should ensure that cullet resulting from a recovery operation meet the technical requirements of 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 impacts. Reports of the Joint Research Centre of the European Commission have shown that the proposed criteria on the waste used as input in the recovery oper- ation, on the treatment processes and techniques, as well as on the glass cullet resulting from the recovery operation fulfil those objectives as they should result in the generation of cullet devoid of hazardous properties and sufficiently free of non-glass components. (4 In order to ensure compliance with the criteria, it is appropriate to provide that information on glass cullet which has ceased to be waste is issued and that a management system is implemented. (5)  In order to allow operators to adapt to the criteria deter- mining when glass cullet ceases to be waste, it is appro- priate to provide for a reasonable period to elapse before this Regulation applies. (6)  The measures provided for in this Regulation are in accordance with the opinion of the Committee estab- lished by Article 39 of Directive 2008/98/EC, (") OJ L 312, 22.11.2008, p. 3. HAS ADOPTED THIS REGULATION: Atticle 1 Subject matter This Regulation establishes criteria determining when glass cullet destined for the production of glass substances or objects in re-melting processes ceases to be waste. Article 2 Definitions For the purposes of this Regulation, the definitions set out in Directive 2008/98/EC shall apply. In addition, the following definitions shall apply: (1) ‘glass cullet’ means cullet generated from the recovery of waste glass; (2) ‘holder’ means the natural or legal person who is in possession of glass cullet; (3) ‘producer’ means the holder who transfers glass cullet to another holder for the first time as glass cullet which has ceased to be waste; (4) ‘importer’ means any natural or legal person established within the Union who introduces glass cullet which has ceased to be waste into the customs territory of the Union; (5) ‘qualified staff means staff which is qualified by experience or training to monitor and assess the properties of glass cullet; (6) ‘visual inspection’ means inspection of glass cullet covering all parts of a consignment and using human senses or any non-specialised equipment; (7) ‘consignment’ means a batch of glass cullet which is intended for delivery from a producer to another holder and may be contained in either one or several transport units, such as containers. Article 3 Criteria for glass cullet Glass cullet shall cease to be waste where, upon transfer from the producer to another holder, all of the following conditions are fulfilled: (1) the cullet resulting from the recovery operation complies with the criteria set out in Section 1 of Annex I; (2) the waste used as input for the recovery operation complies with the criteria set out in Section 2 of Annex I;