REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2008/98/EC on waste

23.2.2024 - (COM(2023)0420 – C9‑0233/2023 – 2023/0234(COD)) - ***I

Committee on the Environment, Public Health and Food Safety
Rapporteur: Anna Zalewska


Procedure : 2023/0234(COD)
Document stages in plenary
Document selected :  
A9-0055/2024
Texts tabled :
A9-0055/2024
Debates :
Texts adopted :

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a directive of the European Parliament and of the Council amending Directive 2008/98/EC on waste

(COM(2023)0420 – C9‑0233/2023 – 2023/0234(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

 having regard to the Commission proposal to Parliament and the Council (COM(2023)0420),

 having regard to Article 294(2) and Article 192(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9‑0233/2023),

 having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

 after consulting the European Economic and Social Committee,

 after consulting the Committee of the Regions,

 having regard to Rules 59 its Rules of Procedure,

 having regard to the opinion of the Committee on Agriculture and Rural Development,

 having regard to the report of the Committee on the Environment, Public Health and Food Safety (A9-0055/2024),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

 

3 Instructs its President to forward its position to the Council, the Commission and the national parliaments. 

 

Amendment  1

Proposal for a directive

Recital -1

 

Text proposed by the Commission

Amendment

 

-1. Waste prevention and management for all types of waste is a crucial tool in the pursuit of protecting the environment and human health in the Union. As Member States strive to improve continuously their waste prevention and management programmes, it is vital to stringently apply the waste hierarchy.

Amendment  2

Proposal for a directive

Recital 1

 

Text proposed by the Commission

Amendment

(1) The European Green Deal and the Circular Economy Action Plan69 call for reinforced and accelerated Union and Member State action to ensure environmental and social sustainability of the textiles and food sectors as they represent top resource intensive sectors that cause significant negative environmental externalities. In those sectors, financing and technological gaps impede progress towards the transition to a circular economy and decarbonisation. The food and textiles sectors are the first- and the fourth- most resource-intensive sectors respectively70 and they do not fully adhere to the fundamental Union waste management principles set out in the waste hierarchy which requires the prioritisation of waste prevention followed by preparation for re-use and recycling. These challenges require systemic solutions with a lifecycle approach.

(1) The European Green Deal and the Circular Economy Action Plan call for reinforced and accelerated Union and Member State action to ensure environmental and social sustainability of the textiles and food sectors as they represent top resource intensive sectors that cause significant negative environmental externalities. In those sectors, financing and technological gaps, among other things, impede progress towards the transition to a circular economy and decarbonisation. The food and textiles sectors are the first- and the fourth- most resource-intensive sectors respectively and they do not fully adhere to the fundamental Union waste management principles set out in the waste hierarchy which requires the prioritisation of waste prevention followed by preparation for re-use and recycling. These challenges require systemic solutions with a lifecycle approach with particular attention paid to food and textile products.

_________________

 

69 COM(2020)98 final of 11 March 2020.

 

70 EU Transition Pathways (europa.eu)

 

 

Amendment  3

Proposal for a directive

Recital 2

 

Text proposed by the Commission

Amendment

(2) According to the EU Strategy for Sustainable and Circular Textiles71 , important changes are needed to move away from the currently prevailing linear way in which textile products are designed, produced, used and discarded, with a particular need to limit fast fashion. That Strategy considers it important to make producers responsible for the waste that their products create and refers to the establishment of harmonised Union extended producer responsibility rules for textiles with eco-modulation of fees. It provides that the key objective of such rules is to create an economy for collection, sorting, re-use, preparation for re-use and recycling, and to incentivise producers to ensure that their products are designed in respect of circularity principles. To that end, it foresees that a notable share of contributions made by producers to extended producer responsibility schemes have to be dedicated to waste prevention measures and preparation for re-use. It also supports the need for strengthened and more innovative approaches to sustainable management of biological resources to increase the circularity and valorisation of food waste and re-use of bio-based textiles.

(2) According to the EU Strategy for Sustainable and Circular Textiles71 , important changes are needed to move away from the currently prevailing linear way in which textile products are designed, produced, used and discarded, with a particular need to limit fast fashion. According to the Strategy’s vision for 2030, consumers should benefit longer from high quality affordable textiles. That Strategy considers it important to make producers responsible for the waste that their products create and refers to the establishment of harmonised Union extended producer responsibility rules for textiles with eco-modulation of fees. It provides that the key objective of such rules is to create an economy for collection, sorting, re-use, preparation for re-use and recycling, and to incentivise producers to ensure that their products are designed in respect of circularity principles. To that end, it foresees that a notable share of contributions made by producers to extended producer responsibility schemes have to be dedicated to waste prevention measures and preparation for re-use. It also supports the need for strengthened and more innovative approaches to sustainable management of biological resources to increase the circularity and valorisation of food waste and re-use of bio-based textiles

_________________

_________________

71 COM(2022)141 final of 30 March 2022.

71 COM(2022)141 final of 30 March 2022.

Amendment  4

Proposal for a directive

Recital 2 a (new)

 

Text proposed by the Commission

Amendment

 

(2a) According to the briefing of the European Environmental Agency entitled ‘Microplastics from textiles in Europe’1a, up to 35% of global microplastics released into the aquatic, terrestrial and marine ecosystems are from synthetic textiles. Plastic waste impairing aquatic, terrestrial and marine ecosystems can be appropriately collected, recycled and ultimately given a new life promoting a full circular economy as well as raising public awareness for the dissemination of best practices.

 

_________________

 

1a https://www.eea.europa.eu/publications/microplastics-from-textiles-towards-a

Amendment  5

Proposal for a directive

Recital 3

 

Text proposed by the Commission

Amendment

(3) Having regard to the negative effects of food waste, Member States committed themselves to taking measures to promote the prevention and reduction of food waste in line with the 2030 Agenda for Sustainable Development, adopted by the United Nations (UN) General Assembly on 25 September 2015, and in particular its target of halving per capita global food waste at the retail and consumer levels and reduce food losses along production and supply chains, including post-harvest losses, by 2030. Those measures aimed to prevent and reduce food waste in primary production, in processing and manufacturing, in retail and other distribution of food, in restaurants and food services as well as in households.

(3) Taking into account the negative effects of food waste, Member States committed themselves to taking measures to promote the prevention and reduction of food waste in line with the 2030 Agenda for Sustainable Development, and the SDG Target 12.3 in particular, adopted by the United Nations (UN) General Assembly on 25 September 2015, and in particular its target of halving per capita global food waste at the retail and consumer levels and reduce food losses along production and supply chains, including post-harvest losses, by 2030. Those measures aimed to prevent and reduce food waste in primary production, in processing and manufacturing, in retail and other distribution of food, in restaurants and food services as well as in households.

Amendment  6

Proposal for a directive

Recital 5 a (new)

 

Text proposed by the Commission

Amendment

 

(5a) Wood is a valuable resource and it is encouraged to be added to a list of materials subject to separate collection, and with re-use and recycling targets.

 

Amendment  7

Proposal for a directive

Recital 7

 

Text proposed by the Commission

Amendment

(7) Member States have, to a certain extent, developed materials and carried out campaigns targeting food waste prevention for consumers and food business operators; however, these mainly focus on raising awareness rather than eliciting behavioural change. In order to reach the full potential for reducing food waste and ensure progress over time, behavioural change interventions have to be developed, tailored to the specific situations and needs in Member States, and fully integrated in national food waste prevention programmes. Importance should also be given to regional circular solutions, including public-private partnerships and citizen engagement as well adaptation to specific regional needs such as outermost regions or islands.

(7) Member States have, to a certain extent, developed materials and carried out campaigns targeting food waste prevention for consumers and food business operators; however, these mainly focus on raising awareness and substantial dietary shifts including behavioural change. In order to reach the full potential for reducing food waste and ensure progress over time, behavioural change interventions have to be developed, tailored to the specific situations and needs in Member States, and fully integrated in national food waste prevention programmes. Importance should also be given to regional circular solutions, citizen engagement as well adaptation to specific regional needs such as outermost regions or islands;

Amendment  8

Proposal for a directive

Recital 10

 

Text proposed by the Commission

Amendment

(10) Having regard to the Union’s commitment to the ambition set out in SDG Target 12.3, the setting of food waste reduction targets to be achieved by Member States by 2030 should provide a strong policy impulse to take action and ensure a significant contribution to global targets. However, given the legally binding nature of such targets, they should be proportionate and feasible, and take into account the role of different actors in the food supply chain as well as their capacity (in particular micro and small enterprises). The establishment of legally binding targets should thus follow a step-wise approach, starting with a level which is lower than the one set under the SDG, with a view to ensuring a consistent response of Member States and tangible progress towards Target 12.3.

(10)  The setting of food waste reduction targets to be achieved by Member States by 2030, in line with the Union’s commitment to the ambition set out in SDG Target 12.3, should provide a strong policy impulse to take action and ensure a significant contribution to global targets. However, given the legally binding nature of such targets, they should be proportionate, attainable and feasible, and take into account the role of different actors in the food supply chain as well as their capacity, in particular micro and small enterprises.

Amendment  9

Proposal for a directive

Recital 10 a (new)

 

Text proposed by the Commission

Amendment

 

(10a) Disparities in bargaining power between suppliers and buyers of agricultural and food products still persist in food supply chains across the Union. This is particularly the case in the agricultural sector, since the specific nature of agricultural products and the associated need to dispose of them quickly distorts equality among counterparties from the very outset. Every effort should therefore be made to ensure that the most common unfair trading practices affecting agricultural suppliers, particularly in the supply of perishable products, do not increase as a result of binding targets to reduce food waste.

Amendment  10

Proposal for a directive

Recital 10 b (new)

 

Text proposed by the Commission

Amendment

 

(10b) The European Economic and Social Committee and the European Food Security Crisis preparedness and response Mechanism has recognised the contribution of packaging in reducing food waste and ensuring food supply and security.

Amendment  11

Proposal for a directive

Recital 11

 

Text proposed by the Commission

Amendment

(11) Reducing food waste at the production and consumption stages requires different approaches and measures and involves different stakeholder groups. Therefore, one target should be proposed for the processing and manufacturing stage and another one for the retail and other distribution of food, restaurants and food services and households.

(11) Reducing food waste at the production and consumption stages requires different approaches and measures and involves different stakeholder groups. Therefore, one target should be proposed for the processing and manufacturing stage and another one for the retail and other distribution of food, restaurants and food services and households. Reducing food waste at any point along the food supply chain yields a significant positive environmental impact.

Amendment  12

Proposal for a directive

Recital 14 a (new)

 

Text proposed by the Commission

Amendment

 

(14a) To promote a uniform and consistent interpretation of food waste data and reporting across actors in the food supply chain and Member State authorities, the Commission should provide comprehensive guidelines pertaining to the methodology for food waste measurement.

Justification

A more streamlined data necessary to promote the set goals.

Amendment  13

Proposal for a directive

Recital 14 b (new)

 

Text proposed by the Commission

Amendment

 

(14b) The harmonised methodology established in Commission Delegated Decision (EU) 2019/1597* provides for the use of different reporting methods. To ensure that future data are scientifically sound, high quality and comparable, it is necessary to establish and apply clear and consistent measurement methods among the Member States and minimum quality requirements for the uniform measurement of food waste.

 

-----------------------

 

* Commission Delegated Decision (EU) 2019/1597 of 3 May 2019 supplementing Directive 2008/98/EC of the European Parliament and of the Council as regards a common methodology and minimum quality requirements for the uniform measurement of levels of food waste (OJ L 248, 27.9.2019, p. 77).

Amendment  14

Proposal for a directive

Recital 16 a (new)

 

Text proposed by the Commission

Amendment

 

(16a) Member States should take measures to promote solutions such as clearer date labelling on food products and facilitate the use of date markings in accordance with Regulation (EU) 1169/2011 of the European Parliament and of the Council*, in order to avoid consumers’ confusion about date marking.

 

------------

 

* Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18).

Amendment  15

Proposal for a directive

Recital 17

 

Text proposed by the Commission

Amendment

(17) In line with the polluter-pays principle, as referred to in Article 191(2) of the Treaty on the Functioning of the European Union (TFEU), it is essential that the producers placing on the Union market certain textile, textile-related and footwear products take responsibility for their management at their end-of life as well as extending their lifetime through making used textile, textile-related and footwear products available on the market for re-use. To implement the polluter pays principle, it is appropriate to lay down the obligations for the management of textile, textile-related and footwear producers, which include any manufacturer, importer or distributor, that, irrespective of the selling technique used, including by means of distance contracts as defined in Article 2, point (7), of Directive 2011/83/EU of the European Parliament and of the Council77 , makes available those products on the market for the first time within a territory of a Member States on a professional basis under its own name or trademark. The scope of the producers covered by the extended producer responsibility should exclude micro enterprises and self-employed tailors producing customised products in view of their reduced role in the textile market as well as those placing on the market used textiles, textile-related and footwear products or such products derived from used or waste of those products in view of supporting re-use, including through repair, refurbishment and upcycling whereby certain functionalities of the original product is changed, within the Union.

(17) In line with the polluter-pays principle, as referred to in Article 191(2) of the Treaty on the Functioning of the European Union (TFEU), it is essential that producers placing on the Union market certain textile, textile-related and footwear products take responsibility for their management at their end-of life as well as extending their lifetime through making used textile, textile-related and footwear products available on the market for re-use. To implement the polluter pays principle, it is appropriate to lay down obligations for the management of textile, textile-related and footwear producers, which include any manufacturer, importer or distributor, that, irrespective of the selling technique used, including by means of distance contracts as defined in Article 2, point (7), of Directive 2011/83/EU of the European Parliament and of the Council77 , makes available those products on the market for the first time within a territory of a Member States on a professional basis under its own name or trademark. The scope of the producers covered by the extended producer responsibility should exclude micro enterprises, for which such a responsibility would impose a disproportionate financial and administrative burden, and self-employed tailors producing customised products in view of their reduced role in the textile market as well as those placing on the market used textiles, textile-related and footwear products or such products derived from used or waste of those products in view of supporting re-use, including through repair, refurbishment and upcycling whereby certain functionalities of the original product is changed, within the Union. Micro enterprises should, however, be allowed to participate in producer responsibility organisations.

_________________

_________________

77 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).

77 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).

Amendment  16

Proposal for a directive

Recital 18 a (new)

 

Text proposed by the Commission

Amendment

 

(18a) According to the European Environment Agency, currently less than 1% of all clothing waste is used to make new clothing in a circular loop. Today, most textiles are not designed for circularity. 78% of all textile products require disassembly before textile-to-textile recycling. In order to ensure investment into circular textiles, targets should be established for the prevention, collection, sorting, reuse and local reuse, as well as recycling and fibre-to-fibre recycling of textiles to support and drive technological development and the investments into infrastructure as well as the push for eco-design of textiles. Total textile waste generated, covering clothing and footwear, home textiles, technical textiles, and post-industrial and pre-consumer waste, is estimated to be 12, 6 million tonnes. This includes fractions that are discarded during textile production, at the retail stage and by households and commercial entities waste1a.

 

_________________

 

1a https://environment.ec.europa.eu/system/files/2023-07/IMPACT%20ASSESSMENT%20REPORT_SWD_2023_421_part1_0.pdf (pag.6)

Amendment  17

Proposal for a directive

Recital 19

 

Text proposed by the Commission

Amendment

(19) The household textile and apparel clothing comprise the largest share of Union textile consumption and the biggest contributor to unsustainable patterns of over production and overconsumption. Household textiles and apparel are also the focus of all existing separate collection systems in Member States along with other post-consumer apparel and accessories and footwear that are not primarily composed of textiles. Therefore, the scope of the established extended producer responsibility scheme should cover household textile products and other articles of apparel, clothing accessories and footwear. In order to ensure the legal certainty for the producers on the products subject to the extended producer responsibility, the products in scope should be identified by reference to the Combined Nomenclature codes pursuant to Annex I to Council Regulation (EEC) No 2658/8778 .

(19) In order to ensure the legal certainty for the producers on the products subject to the extended producer responsibility, the products in scope should be identified by reference to the Combined Nomenclature codes pursuant to Annex I to Council Regulation (EEC) No 2658/8778 .

_________________

_________________

78 OJ L 256, 7.9.1987, p. 1.

78 Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

Amendment  18

Proposal for a directive

Recital 20

 

Text proposed by the Commission

Amendment

(20) The textile sector is resource intensive. While, in relation to both the production of raw materials and textiles, most of the pressures and impacts related to the consumption of clothing, footwear and household textiles in the Union occur in third countries, they also affect the Union due to their global impact on climate and the environment. Therefore, preventing, preparing for re-use and recycling textile waste can help reduce the global environmental footprint of the sector, including in the Union. In addition, the current resource-inefficient waste management of textile waste is not in line with the waste hierarchy and leads to environmental harm both in the Union and in third countries, including through greenhouse gas emissions from incineration and landfilling.

(20) The textile sector is resource intensive. While, in relation to both the production of raw materials and textiles, and as 73% of clothes and household textiles consumed in Europe are imported[1] , most of the pressures and impacts related to the consumption of clothing, footwear and textiles in the Union occur in third countries, they also affect the Union due to their global impact on climate and the environment. Therefore, preventing, preparing for re-use and recycling textile waste can help reduce the global environmental footprint of the sector, including in the Union. In addition, the current resource-inefficient waste management of textile waste is not in line with the waste hierarchy and leads to environmental harm both in the Union and in third countries, including through greenhouse gas emissions from incineration and landfilling. [1] https://ec.europa.eu/commission/presscorner/detail/en/QANDA_22_2015

Amendment  19

Proposal for a directive

Recital 21

 

Text proposed by the Commission

Amendment

(21) The purpose of the extended producer responsibility for textiles, textile-related and footwear products is to ensure a high level of environmental and health protection in the Union, create an economy for collection, sorting, re-use, preparation for re-use and recycling, in particular, fibre-to-fibre recycling, as well as incentives for producers to ensure that their products are designed in respect of circularity principles. The producers of textiles and footwear should finance the costs of collecting, sorting for re-use, preparing for re-use and recycling, and of the recycling and other treatment of collected used and waste textiles and footwear, including unsold consumer products considered waste that were supplied on the territory of the Member States after the entry into force of this amending Directive to ensure that the extended producer responsibility obligations do not apply retroactively and comply with the principle of legal certainty. Those producers should also finance the costs of carrying out compositional surveys of mixed collected municipal waste, support to research and development in sorting and recycling technologies, reporting on separate collection, re-use and other treatment and of providing information to end-users about the impact and sustainable management of textiles.

(21) The purpose of the extended producer responsibility for textiles, textile-related and footwear products is to ensure a high level of environmental and health protection in the Union, create an economy for collection, sorting, re-use, preparation for re-use and recycling, in particular, fibre-to-fibre recycling, as well as incentives for producers to ensure that their products are designed in respect of circularity principles. The producers of textiles and footwear should finance the costs of collecting, sorting for re-use, preparing for re-use and recycling, and of the recycling and other treatment of collected used and waste textiles and footwear, including unsold consumer products considered waste that were supplied on the territory of the Member States after the entry into force of this amending Directive to ensure that the extended producer responsibility obligations do not apply retroactively and comply with the principle of legal certainty. Those producers should also finance the costs of carrying out compositional surveys of mixed collected municipal waste, support to research and development in sorting and recycling technologies, especially digital solutions, reporting on separate collection, re-use and other treatment and of providing information to end-users about the impact and sustainable management of textiles. Producers should also finance the development of reuse and repair operations.

Amendment  20

Proposal for a directive

Recital 25

 

Text proposed by the Commission

Amendment

(25) In view of the key role of social enterprises and social economy entities in the existing textile collection systems and their potential to create local, sustainable, participatory and inclusive businesses models and quality jobs in the Union, in line with the objectives of the EU Social Economy Action Plan79 , the introduction of extended producer responsibility schemes should maintain and support the activities of social enterprises and social economy entities involved in used textiles management. These entities therefore should be regarded as partners in the separate collection systems supporting the scale-up of re-use and repair and creating quality jobs for all and in particular for vulnerable groups.

(25) Taking into account the key role of social enterprises and social economy entities in the existing textile collection systems and their potential to create local, sustainable, participatory and inclusive businesses models and quality jobs in the Union, in line with the objectives of the EU Social Economy Action Plan79 , the introduction of extended producer responsibility schemes should maintain and support the activities of social enterprises and social economy entities involved in used and waste textiles management. These entities therefore should be regarded as partners in the separate collection systems supporting the scale-up of preparing for re-use and re-use and repair, and creating quality jobs for all and in particular for vulnerable groups.

_________________

_________________

79 COM (2021) 778 final of 9 December 2021.

79 COM (2021) 778 final of 9 December 2021.

Amendment  21

Proposal for a directive

Recital 26

 

Text proposed by the Commission

Amendment

(26) Producers and producer responsibility organisations should be actively involved in providing information to end users, in particular consumers, that used and waste textiles and footwear should be collected separately, that collection systems are available and that end-users have an important role in ensuring waste prevention and an environmentally optimal management of textiles waste. This information should include availability of re-use arrangements for textiles and footwear and the environmental benefits of sustainable consumption and the environmental, health and social impacts of the textile apparel industry. The end users should also be informed about their important role in making informed, responsible and sustainable textile consumption choices and ensuring an environmentally optimal management of textile and footwear waste. These information requirements apply in addition to the requirements on the provision of information to end-users in relation to the textile products laid down in the Ecodesign for Sustainable Product Regulation80 and the Regulation (EU) No 1007/2011 of the European Parliament and of the Council81 . The disclosure of information to all end users should make use of modern information technologies. The information should be provided both by classical means, such as posters both indoors and outdoors and social media campaigns, and by more innovative means, such as electronic access to websites provided by QR codes.

(26) Producers and producer responsibility organisations should be actively involved in providing information to end users, in particular consumers, that used and waste textiles and footwear should be collected separately, that collection systems are available and that end-users have an important role in ensuring waste prevention and an environmentally optimal management of textiles waste. This information should include availability of re-use arrangements for textiles and footwear and the environmental benefits of sustainable consumption and the environmental, health and social impacts of the textile apparel industry. The end users should also be informed about their important role in making informed, responsible and sustainable textile consumption choices an environmentally optimal management of textile and footwear waste. These information requirements apply in addition to the requirements on the provision of information to end-users in relation to the textile products laid down in the Ecodesign for Sustainable Product Regulation80 and the Regulation (EU) No 1007/2011 of the European Parliament and of the Council81 . The disclosure of information to all end users should make use of modern information technologies. The information should be provided both by classical means, such as posters both indoors and outdoors and social media campaigns, and by more innovative means, such as electronic access to websites provided by QR codes and the digital product passport.

_________________

_________________

80 OJ to insert the reference number once adopted.

80 OJ to insert the reference number once adopted.

81 Regulation (EU) No 1007/2011 of the European Parliament and of the Council of 27 September 2011 on textile fibre names and related labelling and marking of the fibre composition of textile products and repealing Council Directive 73/44/EEC and Directives 96/73/EC and 2008/121/EC of the European Parliament and of the Council (OJ L 272, 18.10.2011, p. 1).

81 Regulation (EU) No 1007/2011 of the European Parliament and of the Council of 27 September 2011 on textile fibre names and related labelling and marking of the fibre composition of textile products and repealing Council Directive 73/44/EEC and Directives 96/73/EC and 2008/121/EC of the European Parliament and of the Council (OJ L 272, 18.10.2011, p. 1).

Amendment  22

Proposal for a directive

Recital 27

 

Text proposed by the Commission

Amendment

(27) In order to increase textiles’ circularity and environmental sustainability and to reduce the adverse impacts on climate and the environment, Regulation …/... [PO insert the serial number and institutions for the Ecodesign for Sustainable Product Regulation, and complete the footnote]82 will develop binding textile product ecodesign requirements, which will, depending on what the impact assessment will show to be beneficial for increasing textile environmental sustainability, regulate durability, reusability, reparability, and fibre-to-fibre recyclability of textiles, and mandatory recycled fibre content in textiles. It will also regulate the presence of substances of concern to allow their minimisation and tracking in view of reducing waste generation and improving recycling, as well as the prevention and reduction of synthetic fibres shed into the environment to significantly reduce microplastic release. At the same time, modulation of extended producer responsibility fees is an effective economic instrument to incentivise more sustainable textile design leading to improved circular design. In order to provide a strong incentive for ecodesign while taking into account the objectives of the internal market and the composition of the textile sector which is primarily composed of SMEs, it is necessary to harmonise criteria for the modulation of extended producer responsibility fees based on the most relevant ecodesign parameters to enable the treatment of textiles in line with the waste hierarchy. The fee modulation according to the ecodesign criteria should be based on the Ecodesign requirements and their measurement methodologies that are adopted pursuant to the Ecodesign for Sustainable Product Regulation for textile products or to other Union law establishing harmonized sustainability criteria and measurement methods for textile products and only where the latter are adopted. It is appropriate to empower the Commission to adopt harmonised rules for the fee modulation to ensure the alignment of the fee modulation criteria with those product requirements.

(27) In order to increase textiles’ circularity and environmental sustainability and to reduce the adverse impacts on climate and the environment, Regulation …/... [PO insert the serial number and institutions for the Ecodesign for Sustainable Product Regulation, and complete the footnote]82 will develop binding textile product ecodesign requirements, which will, depending on what the impact assessment will show to be beneficial for increasing textile environmental sustainability, regulate durability, reusability, reparability, and fibre-to-fibre recyclability of textiles, and mandatory recycled fibre content in textiles. It will also regulate the presence of substances of concern to allow their minimisation and tracking in view of reducing waste generation and improving recycling, as well as the prevention and reduction of synthetic fibres shed into the environment to significantly reduce microplastic release. At the same time, modulation of extended producer responsibility fees is an effective economic instrument to incentivise more sustainable textile design leading to improved circular design. In order to provide a strong incentive for ecodesign while taking into account the objectives of the internal market and the composition of the textile sector which is primarily composed of SMEs, it is necessary to harmonise criteria for the modulation of extended producer responsibility fees based on the most relevant ecodesign parameters to enable the treatment of textiles in line with the waste hierarchy, as well as on the proportion of microplastic release. The fee modulation according to the ecodesign criteria should be based on the Ecodesign requirements and their measurement methodologies that are adopted pursuant to the Ecodesign for Sustainable Product Regulation for textile products or to other Union law establishing harmonized sustainability criteria and measurement methods for textile products and only where the latter are adopted. It is appropriate to empower the Commission to adopt harmonised rules for the fee modulation to ensure the alignment of the fee modulation criteria with those product requirements.

_________________

_________________

82 OJ to insert the reference number once adopted.

82 OJ to insert the reference number once adopted.

Amendment  23

Proposal for a directive

Recital 27 a (new)

 

Text proposed by the Commission

Amendment

 

(27a) Introducing a Digital Product Passport, as a tool to significantly enhance the traceability of textile products throughout their value chain, can empower consumers to make informed choices by providing better access to product information regarding end-of-life management. This would also enable economic operators to accurately track the amount of textile waste generated, assist Member States in implementing and monitoring separate collection obligations for textiles for re-use, preparation for re-use, and recycling in accordance with this Regulation.

Amendment  24

Proposal for a directive

Recital 28

 

Text proposed by the Commission

Amendment

(28) In order to monitor that producers meet their obligations relating to their financial, and organisational obligations to ensuring the management of used and waste textile, textile-related and footwear products they make available on the market for the first time within the territory of a Member State, it is necessary that a register of producers is established and managed by each Member State and that producers should be obliged to register. The registration requirements and format should be harmonised across the Union to the greatest extent possible so as to facilitate registration in particular where producers make textile, textile-related and footwear products available on the market for the first time in different Member States. The information in the register should be accessible to those entities that play a role in the verification of the compliance with the extended producer responsibility obligations and their enforcement.

(28) In order to monitor that producers meet their obligations relating to their financial, and organisational obligations to ensuring the management of used and waste textile, textile-related and footwear products they make available on the market for the first time within the territory of a Member State, it is necessary that a register of producers is established and managed by each Member State and that producers should be obliged to register. The registration requirements and format should be harmonised across the Union to the greatest extent possible so as to facilitate registration in particular where producers make textile, textile-related and footwear products available on the market for the first time in different Member States. The information in the register should be publicly accessible.

Amendment  25

Proposal for a directive

Recital 32

 

Text proposed by the Commission

Amendment

(32) Exports of used and waste textiles outside the EU have been steadily increasing with exports representing the greatest share of the re-use market for post-consumer textiles generated in the EU. In view of the significant increase of the collected textile waste after the introduction of separate collection by 2025 it is important to strengthen the efforts to combat illegal shipments of waste to third countries disguised as non-waste for the purpose of ensuring high environmental protection. Building on Regulation …/… [P.O. insert the institutions and serial number, and complete the footnote for the Regulation on the Shipment of waste]84 and in view of the objective to ensure the sustainable management of post-consumer textiles and tackle illegal shipments of waste, it should be provided that all separately collected used textiles, textile-related and footwear products undergo a sorting operation prior to their shipment. Furthermore, it should be provided that all separately collected used textile, textile-related and footwear items are regarded as waste and subject to Union waste legislation, including on the shipments of waste, until they have undergone a sorting operation by a trained sorting for re-use and recycling operator. The sorting should be carried out in accordance with the harmonised sorting requirements that deliver high quality re-usable fraction that meet the needs of the receiving second hand textile markets in the EU and globally and by establishing criteria to distinguish between used goods and waste. Shipments of used textiles, textile-related and footwear products should be accompanied by information demonstrating that those items are the output of a sorting or a preparing for re-use operation and that the items are suitable for re-use.

(32) Exports of used and waste textiles outside the EU have been steadily increasing with exports representing the greatest share of the re-use market for post-consumer textiles generated in the EU. In view of the significant increase of the collected textile waste after the introduction of separate collection by 2025 it is important to strengthen the efforts to combat illegal shipments of waste to third countries disguised as non-waste for the purpose of ensuring high environmental protection. Building on Regulation …/… [P.O. insert the institutions and serial number, and complete the footnote for the Regulation on the Shipment of waste]84 and in view of the objective to ensure the sustainable management of post-consumer textiles and tackle illegal shipments of waste, it should be provided that all separately collected used textiles, textile-related and footwear products undergo a sorting operation prior to their shipment. Furthermore, it should be provided that all separately collected used textile, textile-related and footwear items are regarded as waste and subject to Union waste legislation, including on the shipments of waste, until they have undergone a sorting operation by a trained sorting for re-use and recycling operator and meet the end-of-waste status conditions. The sorting should be carried out in accordance with the harmonised sorting requirements that deliver high quality re-usable fraction that meet the needs of the receiving second hand textile markets in the EU and globally and by establishing criteria to distinguish between used goods and waste. Shipments of used textiles, textile-related and footwear products should be accompanied by information demonstrating that those items are the output of a sorting or a preparing for re-use operation and that the items are suitable for re-use and comply with the national rules of the destination country. At the same time, it should be acknowledged that not all reusable second-hand clothes that are exported are reused in recipient countries and might be discarded without use, overwhelming the recipient countries’ waste management systems. Additional measures to reduce exports of second-hand textiles by maximising local re-use should be prioritised.

_________________

_________________

84 OJ to insert the reference number once adopted.

84 OJ to insert the reference number once adopted.

Amendment  26

Proposal for a directive

Recital 33

 

Text proposed by the Commission

Amendment

(33) In order for Member States to achieve the targets set out in this Directive, Member States should revise their food waste prevention programmes to include new measures, involving multiple partners from the public and private sectors, with coordinated actions tailored to address specific hotspots as well as attitudes and behaviours that lead to food waste. In the preparation of these programmes, Member States could draw inspiration from the recommendations produced by the Citizens’ Panel on Food Waste.

(33) In order for Member States to achieve the targets set out in this Directive, Member States should revise their food waste prevention programmes to include new measures, involving multiple partners from the public and private sectors including producers, distributors, suppliers, retails and food service providers, as well as social economy actors and environmental and consumer organisations, with coordinated actions tailored to address specific hotspots as well as attitudes and behaviours that lead to food waste. In the preparation of these programmes, Member States could draw inspiration from the recommendations produced by the Citizens’ Panel on Food Waste.

Amendment  27

Proposal for a directive

Recital 35 a (new)

 

Text proposed by the Commission

Amendment

 

(35a) It is crucial that the Commission and Member States continue to develop, support and expand existing information and education campaigns regarding waste prevention and management and introduce new ones. Whilst general awareness across all sectors regarding the importance of waste prevention and proper waste management is improving, additional progress is still necessary. 

Amendment  28

Proposal for a directive

Recital 36 a (new)

 

Text proposed by the Commission

Amendment

 

(36a) In order to facilitate the consistent interpretation of food waste data and reporting requirements by national authorities, while avoiding unneccessary administrative burden for operators in the food supply chain, the Commission should adopt guidance for the interpretation of delegated acts, following the example of the Guidance for the compilation and reporting of data on municipal waste1a or the Guidance for the compilation and reporting of data on packaging and packaging waste1b;

 

_________________

 

1a European Commission, Eurostat, Guidance for the compilation and reporting of data on municipal waste according to Commission Implementing Decisions 2019/1004/EC and 2019/1885/EC, and the Joint Questionnaire of Eurostat and OECD  (version 2023) (version 2023) https://ec.europa.eu/eurostat/documents/342366/351811/Guidance+on+municipal+waste+data+collection/

 

1b European Commission, Eurostat, Guidance for the compilation and reporting of data on packaging and packaging waste according to Decision 2005/270/EC (version 2023) https://ec.europa.eu/eurostat/documents/342366/351811/PPW+-+Guidance+for+the+compilation+and+reporting+of+data+on+packaging+and+packaging+waste.pdf/297d0cda-e5ff-41e5-855b-5d0abe425673?t=1621978014507

Amendment  29

Proposal for a directive

Recital 39 a (new)

 

Text proposed by the Commission

Amendment

 

(39a) It is important that Member States’ implementation of Council Directive 1999/31/EC* is substantially and rapidly improved, as environmental harm in the Union, including cross-border issues, is caused by the prevalence and emergence of illegal dumping sites and landfills across different Member States, like landfills which do not meet the standards and requirements laid out in that Directive. As such, it is appropriate for the Commission to evaluate, review and, where appropriate, present a legislative proposal to amend Council Directive 1999/31/EC. It is important that the evaluation assess ways to strengthen implementation provisions.

 

--------------

 

* Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182, 16.7.1999, p. 1).

Amendment  30

Proposal for a directive

Recital 40 a (new)

 

Text proposed by the Commission

Amendment

 

(40a) It is important to emphasise the need for the Commission to continue its efforts with bringing waste management in line with the principles of circular economy and to consider a targeted revision aimed at healthcare waste, especially pharmaceutical waste from private households. Furthermore, it is important to reduce, reuse and recycle health care waste materials to minimise their environmental impact and resource depletion while safeguarding public health. This would help underscore the Union's dedication to responsible waste management and make healthcare facilities and industry a crucial partner in the Commission's broader efforts to reduce waste and promote sustainability.

Amendment  31

Proposal for a directive

Article 1 – paragraph 1 – point 2

Directive 2008/98/EC

Article 3 – paragraph 8 b (new)

 

Text proposed by the Commission

Amendment

 

8b. ‘social enterprise’ means a private law entity that provides goods and services for the market in an entrepreneurial way and in accordance with the principles and features of the social economy, having social or environmental objectives as the reason for its commercial activity; social enterprises can be set up in a variety of legal forms;

Amendment  32

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive 2008/98/EC

Article 9a – paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

Member States shall take appropriate measures to prevent generation of food waste in primary production, in processing and manufacturing, in retail and other distribution of food, in restaurants and food services as well as in households. Those measures shall include the following:

Member States shall take appropriate measures to prevent generation of food waste along the entire food supply chain, in primary production, in processing and manufacturing, in retail and other distribution of food, in restaurants and food services as well as in households. Those measures shall include, but not be limited to, the following:

Amendment  33

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive 2008/98/EC

Article 9a – paragraph 1 – subparagraph 1 – point a

 

Text proposed by the Commission

Amendment

(a) developing and supporting behavioural change interventions to reduce food waste, and information campaigns to raise awareness about food waste prevention;

(a) developing and supporting behavioural change interventions to reduce food waste, and information campaigns to raise awareness about food waste prevention as well as food production;

Amendment  34

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive 2008/98/EC

Article 9a – paragraph 1 – subparagraph 1 – point b

 

Text proposed by the Commission

Amendment

(b) identifying and addressing inefficiencies in the functioning of the food supply chain and support cooperation amongst all actors, while ensuring a fair distribution of costs and benefits of prevention measures;

(b) identifying and addressing inefficiencies in the functioning of the food supply chain and support cooperation amongst all actors, while ensuring a fair distribution of costs and benefits of prevention measures, which may include: - the promotion of fruits and vegetables with external defects that are not compliant with EU or UNECE marketing standards, but still suitable and safe for local or direct consumption, as set out in Commission Delegated Regulation (EU) 2023/2429* ("ugly" fruits and vegetables); and tackling market practices that cause food waste, including those set out in Directive (EU) 2019/633** of the European Parliament and of the Council;

 

---------------

 

 *  Commission Delegated Regulation (EU) 2023/2429 of 17 August 2023 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards marketing standards for the fruit and vegetables sector, certain processed fruit and vegetable products and the bananas sector, and repealing Commission Regulation (EC) No 1666/1999 and Commission Implementing Regulations (EU) No 543/2011 and (EU) No 1333/2011 (OJ L, 2023/2429, 03.11.2023, ELI: http://data.europa.eu/eli/reg_del/2023/2429/oj).

 

 **  Directive (EU) 2019/633 of the European Parliament and of the Council of 17 April 2019 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain (OJ L 111, 25.4.2019, p. 59).

Amendment  35

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive 2008/98/EC

Article 9a – paragraph 1 – subparagraph 1 – point c

 

Text proposed by the Commission

Amendment

(c) encouraging food donation and other redistribution for human consumption, prioritising human use over animal feed and the reprocessing into non-food products;

(c) encouraging, food donation and ensuring redistribution for human consumption, prioritising human use over animal feed and the reprocessing into non-food products;

Amendment  36

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive 2008/98/EC

Article 9a – paragraph 1 – subparagraph 1 – point d

 

Text proposed by the Commission

Amendment

(d) supporting training and skills development as well as facilitating access to funding opportunities, in particular for small and medium sized enterprises and social economy actors.

(d) supporting training and skills development, including in local authorities, as well as facilitating access to funding opportunities, in particular for small and medium sized enterprises and social economy actors;

Amendment  37

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive 2008/98/EC

Article 9a – paragraph 1 – subparagraph 1 – point d a (new)

 

Text proposed by the Commission

Amendment

 

(da) encouraging and promoting innovation and technological solutions which contribute to the prevention of food waste, such as intelligent packaging intended to extend the shelf-life or to maintain or improve the condition of packaged food in accordance with Commission Regulation (EC) No 450/2009*, especially during transportation and storage, and clearer date labelling on food products and user-friendly tools to reduce confusion and facilitate the use of date markings, in accordance with Regulation (EU) 1169/2011, contributing to the prevention of unnecessary discarding of food items which are still safe for consumption.

 

-------------

 

 *  Commission Regulation (EC) No 450/2009 of 29 May 2009 on active and intelligent materials and articles intended to come into contact with food (OJ L 135, 30.5.2009, p. 3).

Amendment  38

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive 2008/98/EC

Article 9a – paragraph 1 – subparagraph 2

 

Text proposed by the Commission

Amendment

Member States shall ensure that all relevant actors in the supply chain are involved proportionately to their capacity and role in preventing the generation of food waste along the food supply chain, with a specific focus on preventing disproportionate impact on small and medium sized enterprises.

Member States shall ensure that all relevant actors in the supply chain are involved proportionately to their capacity and role in generating food waste and in preventing the generation of food waste along the food supply chain, with a specific focus on preventing disproportionate impact on small and medium sized enterprises. Member States shall take appropriate measures to ensure that economic operators make available for donation unsold food that is safe for human consumption.

Amendment  39

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive 2008/98/EC

Article 9a – paragraph 2

 

Text proposed by the Commission

Amendment

2. Member States shall monitor and assess the implementation of their food waste prevention measures, including compliance with the food reduction targets referred to in paragraph 4, by measuring the levels of food waste on the basis of the methodology established in accordance with paragraph 3.

2. Member States shall monitor and assess the implementation of their food waste prevention measures, including compliance with the food waste reduction targets referred to in paragraph 4, by measuring the levels of food waste on the basis of the methodology established in accordance with paragraph 3.

Amendment  40

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive 2008/98/EC

Article 9a – paragraph 3

 

Text proposed by the Commission

Amendment

3. The Commission is empowered to adopt delegated acts in accordance with Article 38a to supplement this Directive as regards laying down a common methodology and minimum quality requirements for the uniform measurement of food waste levels.

3. The Commission is empowered to adopt delegated acts in accordance with Article 38a to amend Commission Delegated Decision (EU) 2019/1597 and supplement this Directive as regards laying down a common methodology and minimum quality requirements for the uniform measurement of food waste levels.

Amendment  41

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive 2008/98/EC

Article 9a – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

3a. The methodology, measurement methods and data used to measure the levels of food waste referred to in paragraph 3 shall be made publicly available.

 

Amendment  42

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive 2008/98/EC

Article 9a – paragraph 4 – point a

 

Text proposed by the Commission

Amendment

(a) reduce the generation of food waste in processing and manufacturing by 10 % in comparison to the amount generated in 2020

 

 

(a) reduce the generation of food waste in processing and manufacturing by at least 20 % in comparison to the amount generated as an annual average between 2020 and 2022.

 

Amendment  43

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive 2008/98/EC

Article 9a – paragraph 4 – point b

 

Text proposed by the Commission

Amendment

(b) reduce the generation of food waste per capita, jointly in retail and other distribution of food, in restaurants and food services and in households, by 30 % in comparison to the amount generated in 2020

(b) reduce the generation of food waste per capita, jointly in retail and other distribution of food, in restaurants and food services and in households, by at least 40 % in comparison to the amount generated as an annual average between 2020 and 2022.

Amendment  44

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive 2008/98/EC

Article 9a – paragraph 5

 

Text proposed by the Commission

Amendment

5. Where a Member State can provide data for a reference year prior to 2020, which have been collected using methods comparable to the methodology and minimum quality requirements for the uniform measurement of levels of food waste as set out in the Commission Delegated Decision (EU) 2019/1597, an earlier reference year may be used. The Member State shall notify the Commission and the other Member States of its intention to use an earlier reference year within 18 months of the entry into force of this Directive and shall provide the Commission with the data and measurement methods used to collect them.

5. Where a Member State can provide data for a reference year prior to 2020, which have been collected using methods comparable to the methodology and minimum quality requirements for the uniform measurement of levels of food waste as set out in the Commission Delegated Decision (EU) 2019/1597, an earlier reference year may be used. That earlier reference year shall apply to both of the targets referred to in paragraph 4, points (a) and (b). The Member State shall notify the Commission and the other Member States of its intention to use an earlier reference year within 18 months of the entry into force of this Directive and shall provide the Commission with the data and measurement methods used to collect them and make them publicly available.

Amendment  45

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive 2008/98/EC

Article 9a – paragraph 7 a (new)

 

Text proposed by the Commission

Amendment

 

7a. Member States are encouraged to coordinate their actions to prevent food waste and share best practices.

Amendment  46

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive 2008/98/EC

Article 9a – paragraph 7 b (new)

 

Text proposed by the Commission

Amendment

 

7b. By 31 December 2025, the Commission shall conduct an assessment on the appropriate levels for the setting of targets for the reduction of all primary production food waste, including mature food left unharvested or used on farms. To that end, the Commission shall submit a report to the European Parliament and to the Council, accompanied, if appropriate, by a legislative proposal.

Amendment  47

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive 2008/98/EC

Article 9a – paragraphs 7 c (new)

 

Text proposed by the Commission

Amendment

 

7c. By 31 December 2027, the Commission shall carry out an evaluation of the possibility to introduce a binding target of at least 30% with respect to Article 9a(4), point (a), and at least 50% with respect to Article 9a(4), point (b), to be reached by 2035 and submit a report to the European Parliament and the Council which may be accompanied by appropriate legislative proposal to implement such target.

Amendment  48

Proposal for a directive

Article 1 – paragraph 1 – point 4 a (new)

Directive 2008/98/EC

Article 10 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

(4a) In Article 10, the followingparagraphis inserted:

 

2a. Member States are encouraged, where appropriate, to introduce prior sorting of municipal mixed waste to prevent waste, which can be recovered for preparing for re-use, or recycling, from being sent to waste incineration or disposed in landfills.

(https://eur-lex.europa.eu/eli/dir/2008/98/oj/eng)

Amendment  49

Proposal for a directive

Article 1 – paragraph 1 – point 4 b (new)

Directive 2008/98/EC

Article 10 – paragraph 4

 

Present text

Amendment

 

(4b) In Article 10, paragraph 4 is replaced by the following:

4. Member States shall take measures to ensure that waste that has been separately collected for preparing for re-use and recycling pursuant to Article 11(1) and Article 22 is not incinerated, with the exception of waste resulting from subsequent treatment operations of the separately collected waste for which incineration delivers the best environmental outcome in accordance with Article 4.

"4. Member States shall take measures to ensure that waste that has been separately collected for preparing for re-use and recycling pursuant to Article 11(1) and Article 22 is not incinerated or landfilled, with the exception of waste resulting from subsequent treatment operations of the separately collected waste for which incineration delivers the best environmental outcome in accordance with Article 4."

(https://eur-lex.europa.eu/eli/dir/2008/98/oj/eng)

Amendment  50

Proposal for a directive

Article 1 – paragraph 1 – point 5

Directive 2008/98/EC

Article 11 – paragraph 1 –subparagraph 3

 

Text proposed by the Commission

Amendment

5) in Article 11, paragraph 1, the third sentence is replaced by the following:

5) in Article 11, paragraph 1, the third subparagraph is replaced by the following:

Subject to Article 10(2) and (3), Member States shall set up separate collection at least for paper, metal, plastic and glass.

Subject to Article 10(2) and (3), Member States shall set up separate collection at least for paper, metal, plastic and glass, and, by 1 January 2025, for textiles, and shall be encouraged to set up separate collection for wood.

(https://eur-lex.europa.eu/eli/dir/2008/98/oj/eng)

 

Amendment  51

Proposal for a directive

Article 1 – paragraph 1 – point 5 a (new)

Directive 2008/98/EC

Article 11 – paragraph 1 – subparagraph 3 a (new)

 

Present text

Amendment

 

5a) In Article 11, the following subparagraph is inserted after the third subparagraph:

 

Member States shall undertake necessary measures to ensure sufficient infrastructure is in place for separate collection of waste and is made easily accessible, for all kinds of waste, and where appropriate, shall increase the number of points of separated waste collection. Where municipal waste collection systems are necessary for improvement, Member States shall do so without undue delay."

(https://eur-lex.europa.eu/eli/dir/2008/98/oj/eng)

 

Amendment  52

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22a – paragraph 1

 

Text proposed by the Commission

Amendment

1. Member States shall ensure that producers have extended producer responsibility for household textile products, articles of apparel, clothing accessories and footwear, apparel and clothing accessories listed in Annex IVc (“textile, textile-related and footwear products”) that they make available on the market for the first time within the territory of a Member State, in accordance with Articles 8 and 8a.

1. Member States shall ensure that producers have extended producer responsibility for textile products articles of apparel, clothing accessories and footwear, apparel and clothing accessories listed in Annex IVc (“textile, textile-related and footwear products”) that they make available on the market for the first time within the territory of a Member State, in accordance with Articles 8 and 8a.

Amendment  53

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22a – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

1a. By 31 December 2024, the Commission shall adopt a delegated act in accordance with Article 38a to supplement this Directive as regards laying down further rules on the establishment of extended producer responsibility for personal protection equipment as referred to in Regulation (EU) 2016/425 of the European Parliament and of the Council*.

 

---------------

 

*  Regulation (EU) 2016/425 of the European Parliament and of the Council of 9 March 2016 on personal protective equipment and repealing Council Directive 89/686/EEC (OJ L 81, 31.3.2016, p. 51).

Amendment  54

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22a – paragraph 1 b (new)

 

Text proposed by the Commission

Amendment

 

1b. By 31 December 2027, Member States shall ensure that producers of carpets and mattresses as referred to in Part 2a (new) of Annex IVc, whose main composition is textile, that make available those carpets and mattresses on the market for the first time within the territory of a Member State, shall have extended producer responsibility in accordance with Articles 8 and 8a. Member States may decide to establish a separate extended producer responsibility scheme specifically for those items.

 

Amendment  55

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22a – paragraph 2

 

Text proposed by the Commission

Amendment

2. The Commission is empowered to adopt delegated acts in accordance with Article 38a to amend Annex IVc to this Directive in order to bring the Combined Nomenclature codes listed in Annex IVc to this Directive in line with the codes listed in Annex 1 to Council Regulation (EEC) No 2658/87*.

2. The Commission is empowered to adopt delegated acts in accordance with Article 38a to expand the scope of Annex IVc and to amend Annex IVc to this Directive in order to bring the Combined Nomenclature codes listed in Annex IVc to this Directive in line with the codes listed in Annex 1 to Council Regulation (EEC) No 2658/87*.

Amendment  56

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22a – paragraph 3

 

Text proposed by the Commission

Amendment

3. Member States shall define in a clear way the roles and responsibilities of relevant actors involved in the implementation, monitoring and verification of the extended producer responsibility scheme referred to in paragraph 1.

3. Member States shall define in a clear, inclusive and balanced way, in accordance with Article 8a (1), point (a), the roles and responsibilities of relevant actors involved in the implementation, monitoring and verification of the extended producer responsibility scheme referred to in paragraph 1. Member States shall ensure that all relevant actors are fully involved in the decision-making process of the extended producer responsibility scheme. Those relevant actors shall include:

 

(a)  producers placing products on the market of the Member State;

 

(b)  organisations implementing extended producer responsibility obligations on their behalf;

 

(c)  private or public waste operators;

 

(d)  local authorities;

 

(e)  re-use and preparing for re-use operators;

 

(f)  social enterprises, including local social enterprises;

Amendment  57

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22a – paragraph 4 – point a – point 1

 

Text proposed by the Commission

Amendment

(1) the collection of those used products for re-use and the separate collection of waste products for preparation for re-use and recycling in accordance with Articles 22c and 22d,

(1) the collection of used textile products for re-use and the separate collection of waste textile products for preparing for re-use and recycling in accordance with Articles 22c and 22d

Amendment  58

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22a – paragraph 4 – point a – point 2

 

Text proposed by the Commission

Amendment

(2) transport of collected loads referred to in point (1) for subsequent sorting for re-use, for preparation for re-use and for recycling operations in accordance with Article 22d,

(2) transport of collected loads referred to in point (1) for subsequent sorting for re-use, for preparing for re-use and recycling operations in accordance with Article 22d,

Amendment  59

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22a – paragraph 4 – point a – point 3

 

Text proposed by the Commission

Amendment

(3) sorting, preparation for re-use, recycling and other recovery operations and disposal of collected loads referred to in point (1),

(3) sorting, preparing for re-use, recycling and other recovery operations and disposal of collected loads referred to in point (1),

 

Amendment  60

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22a – paragraph 4 – point a – point 4

 

Text proposed by the Commission

Amendment

(4) collection, transport and treatment referred to in points (1) and (2) of waste generated by social enterprises and other non-waste operators that are part of the collection system referred to in Article 22c, paragraphs 5 and 11;

(4) collection, transport and treatment referred to in points (1) and (2) of waste generated by social enterprises and other operators that are part of the collection system referred to in Article 22c, paragraphs 5 and 11;

Amendment  61

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22a – paragraph 4 – point c

 

Text proposed by the Commission

Amendment

(c) providing information on sustainable consumption, waste prevention, re-use, preparing for re-use, recycling, other recovery and disposal of textiles and footwear products in accordance with Article 22c(13)(14) and (17);

(c) providing information, including via appropriate information campaigns and communication work, on sustainable consumption, waste prevention, re-use, preparing for re-use, recycling, other recovery and disposal of textiles and footwear products in accordance with Article 22c(13), (14) and (17);

Amendment  62

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22a – paragraph 4 – point e

 

Text proposed by the Commission

Amendment

(e) support to research and development to improve the sorting and recycling processes, in particular, in view of scaling up fibre-to-fibre recycling, without prejudice to Union state aid rules.

(e) support to research and development to improve the sorting and recycling processes in line with the waste hierarchy referred to in Article 4, in particular, in view of scaling up fibre-to-fibre recycling, without prejudice to Union state aid rules.

Amendment  63

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22a – paragraph 4 – point e a (new)

 

Text proposed by the Commission

Amendment

 

(ea) reuse and repair operations, including research and development for their improvement.

Amendment  64

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22a – paragraph 5

 

Text proposed by the Commission

Amendment

5. Member States shall ensure that producers of textiles, textile-related and footwear products listed in Annex IVc cover the costs referred to in paragraph 4 of this Article in relation to the used and waste textiles, textile-related and footwear products listed in Annex IVc deposited at the collection points set up in accordance with Article 22c, points 5 and 11, where such products were made available on the market for the first time within the territory of a Member State after [P.O. insert date of entry into force of this amending Directive].

5. Member States shall ensure that producers of textiles, textile-related and footwear products listed in Annex IVc cover the costs referred to in paragraph 4 of this Article in relation to the used and waste textiles, textile-related and footwear products listed in Annex IVc deposited at the collection points set up in accordance with Article 22c, points 5 and 11, where such products were made available on the market for the first time within the territory of a Member State after [P.O. insert date of entry into force of this amending Directive], including any used and waste textiles that may be collected through private take-back schemes and later aggregated with textiles collected pursuant to Article 22c(5).

Amendment  65

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22a – paragraph 6

 

Text proposed by the Commission

Amendment

6. The costs to be covered referred to in paragraph 4 shall not exceed the costs that are necessary to provide the services referred to in that paragraph in a cost-efficient way and shall be established in a transparent way between the actors concerned.

6. The costs to be covered referred to in paragraph 4 shall not exceed the costs that are necessary to provide the services referred to in that paragraph in a cost-efficient way consistent with the waste hierarchy and shall be established in a transparent way between the actors concerned.

Amendment  66

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98EC

Article 22a – paragraph 6 a (new)

 

Text proposed by the Commission

Amendment

 

6a. Providers of online platforms allowing consumers to conclude distance contracts with traders shall ensure that producers of textile, textile-related and footwear products listed in Annex IVc shall be registered in the register of the producers referred to in Article 22b in the Member State where the consumer is located, before placing products from those producers onto their platforms.

Amendment  67

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98EC

Article 22a – paragraph 8

 

Text proposed by the Commission

Amendment

8. Member States shall ensure that the extended producer responsibility schemes laid down in paragraph 1 of this Article are established by [P.O insert date thirty months after the entry into force of this amending Directive] in accordance with Articles 8, 8a, 22a to 22d.

8. Member States shall ensure that the extended producer responsibility schemes laid down in paragraph 1 of this Article are established by [P.O insert date eighteen months after the entry into force of this amending Directive] in accordance with Articles 8, 8a, 22a to 22d.

 

Amendment  68

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22b – paragraph 1 – subparagraph 2

 

Text proposed by the Commission

Amendment

Member States shall ensure that the register provides links to other national registers to facilitate the registration of producers in all Member States.

Member States shall ensure that the register provides links to other national registers to facilitate the registration of producers in all Member States. The register shall be easily accessible and free of charge to the public online.

Amendment  69

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22b – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2a. Member States shall inform the other Member States about the link to the national register within 30 days of the launch of that register. 

Amendment  70

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22b – paragraph 6 – point a

 

Text proposed by the Commission

Amendment

(a) receives applications for the registration of producers referred to in paragraph 2 via an electronic data-processing system the details of which shall be made available on the competent authorities’ website;

(a) receives applications for the registration of producers referred to in paragraph 2 via an electronic data-processing system the details of which shall be prominently made available on the competent authorities’ website;

Amendment  71

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22b – paragraph 9

 

Text proposed by the Commission

Amendment

9. Where the information in the register of producers is not publicly accessible, Member States shall ensure that providers of online platforms allowing consumers to conclude distance contracts with producers are granted access, free of charge, to the register.

9. The information in the register of producers shall be publicly accessible, machine readable, sortable and searchable, respecting open standards for third party use. Member States shall ensure that providers of online platforms allowing consumers to conclude distance contracts with producers are granted access, free of charge, to the register.

Amendment  72

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22b – paragraph 9 a (new)

 

Text proposed by the Commission

Amendment

 

9a. No later than 31 December 2026, the Commission shall assess the feasibility of establishing a Union-wide register for producers of textile, textile-related, and footwear products listed in Annex IVc. That assessment shall encompass the potential benefits, challenges and administrative capacity required for the implementation of such Union-wide register.

Amendment  73

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22b a (new)

 

Text proposed by the Commission

Amendment

 

Article 22ba

 

Reporting guidelines for companies

 

The Commission shall develop comprehensive guidelines for producers of textile, textile-related and footwear products to report electronically back to the producer responsibility organisations the necessary information referred to in Article 22c(13) and Article 22c(17). Those guidelines shall include at least:

 

(a)  clear instructions regarding reporting schedules to encourage timely data submission and analysis;

 

(b)  specifications for the structure and format of data reporting to ensure uniformity, consistency, and ease of data consolidation for producer responsibility organisations.

 

Amendment  74

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22c – paragraph 2

 

Text proposed by the Commission

Amendment

2. Member States shall require producer responsibility organisations intending to fulfil the extended producer responsibility obligations on behalf of producers in accordance with Articles 8a(3), 22a, 22b, 22d and this Article to obtain an authorisation by a competent authority.

2. Member States shall require producer responsibility organisations intending to fulfil the extended producer responsibility obligations on behalf of producers in accordance with Articles 8a(3), 22a, 22b, 22d and this Article to obtain an authorisation by a competent authority. The authorisation process shall include:

 

(a)  clear criteria for the qualifications and competencies of producer responsibility organisations, including ensuring that they have the necessary expertise in waste management, sustainability and environmental impact assessment;

 

(b)  detailed procedures for the resolution of disputes or issues that may arise between producer responsibility organizations and producers, including mechanisms for appealing decisions.

Amendment  75

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22c – paragraph 3 – point a

 

Text proposed by the Commission

Amendment

(a) are based on the weight of the products concerned and, for textile products listed in Part 1 of Annex IVc, are modulated on the basis of the ecodesign requirements adopted pursuant to the Regulation .../... of the European Parliament and of the Council [P.O. insert the serial number for the Ecodesign for Sustainable Products Regulation when adopted]** that are most relevant for the prevention of textile waste and for the treatment of textiles in line with the waste hierarchy and the corresponding measurement methodologies for those criteria adopted pursuant to that Regulation or on the basis of other Union law establishing harmonised sustainability criteria and measurement methods for textile products, and that ensure the improvement of environmental sustainability and circularity of textiles;

(a) are based on the weight and quantity of the products concerned and, for textile products listed in Annex IVc, are modulated on the basis of the ecodesign requirements adopted pursuant to the Regulation .../... of the European Parliament and of the Council [P.O. insert the serial number for the Ecodesign for Sustainable Products Regulation when adopted]** that are most relevant for the prevention of textile waste and for the treatment of textile waste in line with the waste hierarchy and the corresponding measurement methodologies for those criteria adopted pursuant to that Regulation or on the basis of other Union law establishing harmonised sustainability criteria and measurement methods for textile products, and that ensure the improvement of environmental sustainability and circularity of textiles;

Amendment  76

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22c – paragraph 4

 

Text proposed by the Commission

Amendment

4. Where necessary to avoid distortion of the internal market and ensure consistency with the ecodesign requirements adopted pursuant to Article 4 read in conjunction with Article 5 of Regulation.../... [P.O. insert the serial number for Ecodesign for Sustainable Products Regulation when adopted], the Commission may adopt implementing acts laying down the fee modulation criteria for the application of paragraph 3, point (a), of this Article. That implementing act shall not concern the precise determination of the level of the contributions and shall be adopted in accordance with the examination procedure referred to in Article 39(2) of this Directive.

4. Where necessary to avoid distortion of the internal market and ensure consistency with the ecodesign requirements adopted pursuant to Article 4 read in conjunction with Article 5 of Regulation.../... [P.O. insert the serial number for Ecodesign for Sustainable Products Regulation when adopted], the Commission shall adopt implementing acts laying down the fee modulation criteria for the application of paragraph 3, point (a), of this Article. That implementing act shall not concern the precise determination of the level of the contributions and shall be adopted in accordance with the examination procedure referred to in Article 39(2) of this Directive.

Amendment  77

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22c – paragraph 5 – subparagraph 1 – point b

 

Text proposed by the Commission

Amendment

(b) ensure the collection, free of charge, of such used and waste textile, textile-related and footwear products collected at the connected collection points, with a frequency that is proportionate to the area covered and the volume of such used and waste textile and footwear products usually collected through those collection points;

(b) ensure the collection, with an adaptable schedule that adjusts demand, free of charge, of such used and waste textile, textile-related and footwear products collected at the connected collection points, with a frequency that is proportionate to the area covered and the volume of such used and waste textile products usually collected through those collection points;

Amendment  78

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22c – paragraph 5 – subparagraph 1 – point c

 

Text proposed by the Commission

Amendment

(c) ensure the collection, free of charge, of waste generated by social enterprises and other non-waste operators from such textile, textile-related and footwear products collected through the connected collection points.

(c) ensure the collection, free of charge, of waste generated by social enterprises and other operators from such textile, textile-related and footwear products collected through the connected collection points as well as promote the full coordination between social enterprises and producer responsibility organisations. 

Amendment  79

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22c – paragraph 8

 

Text proposed by the Commission

Amendment

8. The separate collection rate referred to in paragraph 6, point (c) shall be calculated as the percentage obtained by dividing the weight of waste textile, textile-related and footwear products listed in Annex IVc collected in accordance with paragraph 5 in a given calendar year in a Member State by the weight of such waste textile, textile-related and footwear products that is generated and collected as mixed municipal waste.

8. The separate collection rate referred to in paragraph 6, point (c) shall be calculated as the percentage obtained by dividing the weight of waste textile, textile-related and footwear products listed in Annex IVc collected in accordance with paragraph 5 in a given calendar year in a Member State by the weight of such textile, textile-related and footwear products made available on the market in a given calendar year in a Member State.

Amendment  80

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22c – paragraph 9

 

Text proposed by the Commission

Amendment

9. The Commission shall adopt implementing acts laying down the methodology for the calculation and verification of the separate collection rate referred to in paragraph 6, point (c) of this Article. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 39(2).

9. By ... [12 months from the entry into force of this amending Directive] the Commission shall adopt delegated acts laying down the methodology for the calculation and verification of the separate collection rate referred to in paragraph 6, point (c) of this Article. That delegated act shall be adopted in accordance with the procedure referred to in Article 38a.

Amendment  81

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22c – paragraph 10

 

Text proposed by the Commission

Amendment

10. Member States shall ensure that producer responsibility organisations are not allowed to refuse the participation of social enterprises and other re-use operators in the separate collection system established pursuant to paragraph 5.

10. Member States shall ensure that producer responsibility organisations are not allowed to refuse the participation of local public authorities as well as of social enterprises and other preparing for re-use or re-use operators in the separate collection system established pursuant to paragraph 5.

Amendment  82

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22c – paragraph 11

 

Text proposed by the Commission

Amendment

11. Without prejudice to paragraph 5, points (a) and (b), and paragraph 6, point (a), Member States shall ensure that social enterprises are allowed to maintain and operate their own separate collection points and that they are given equal or preferential treatment in the location of the separate collection points. Member States shall ensure that social enterprises and social economy entities that are part of the connected collection points in accordance with paragraph 6, point (a) are not required to hand over collected used and waste textiles, textile-related and footwear products listed in Annex IVc to the producer responsibility organisation.

11. Without prejudice to paragraph 5, points (a) and (b), and paragraph 6, point (a), Member States shall ensure that social enterprises are allowed to maintain and operate their own separate collection points and that they are given equal or preferential treatment in the location of the separate collection points. Member States shall ensure that local authorities, social enterprises and social economy entities that are part of the connected collection points in accordance with paragraph 6, point (a) are not required to hand over collected used and waste textiles, textile-related and footwear products listed in Annex IVc products to the producer responsibility organisation.

Amendment  83

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22c – paragraph 12

 

Text proposed by the Commission

Amendment

12. Member States shall ensure that collection points set up in accordance with paragraphs 5, 6 and 11 are not subject to the registration or permit requirements of this Directive.

12. Member States shall ensure that collection points set up in accordance with paragraphs 5, 6 and 11 are subject to the registration and permit requirements of this Directive.

Amendment  84

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22c – paragraph 13 – point b

 

Text proposed by the Commission

Amendment

(b) re-use and repair arrangements available for textile and footwear;

(b) re-use and repair arrangements available for textile and footwear, including the location of collection points and how to correctly donate textiles;

Amendment  85

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22c – paragraph 13 – point c

 

Text proposed by the Commission

Amendment

(c) the role of consumers in contributing to the separate collection of used and waste textile and footwear;

(c) the role of consumers in correctly contributing to the separate collection of used and waste textile and footwear;

Amendment  86

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22c – paragraph 14 – introductory part

 

Text proposed by the Commission

Amendment

14. Member States shall ensure that the producer responsibility organisation provide the information referred to in paragraph 13 on a regular basis, that the information is up to date and provided by means of:

14. Member States shall ensure that the producer responsibility organisation provide the information referred to in paragraph 13 on a regular basis, that the information is up to date at the point of sale and made accessible through, but not limited to, the following means:

Amendment  87

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22c – paragraph 14 – point a

 

Text proposed by the Commission

Amendment

(a) a website or other means of electronic communication;

(a) a publicly accessible and user-friendly website or other means of electronic communication;

Amendment  88

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22c – paragraph 14 – point b

 

Text proposed by the Commission

Amendment

(b) information in public spaces;

(b) information in public spaces and at the collection point;

Amendment  89

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22c – paragraph 14 – point c

 

Text proposed by the Commission

Amendment

(c) education programmes and campaigns;

(c) community engagement through education programmes and campaigns;

Amendment  90

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22c – paragraph 15

 

Text proposed by the Commission

Amendment

Where, in a Member State, multiple producer responsibility organisations are authorised to fulfil extended producer responsibility obligations on behalf of producers, Member States shall ensure that they cover the whole territory of the Member State of the separate collection system for used and waste textile, textile-related and footwear products listed in Annex IVc. Member States shall entrust the competent authority or appoint an independent third party to oversee that producer responsibility organisations fulfil their obligations in coordinated manner and in accordance with the Union competition rules.

15. Where, in a Member State, multiple producer responsibility organisations are authorised to fulfil extended producer responsibility obligations on behalf of producers, Member States shall ensure that they cover the whole territory of the Member State, with the aim of uniform service quality across the territory of the separate collection system for used and waste textile, textile-related and footwear products listed in Annex IVc. Member States, including those where only one producer responsibility organisation is authorised to fulfil extended producer responsibility obligations on behalf of producers, shall entrust the competent authority or appoint an independent third party to oversee that producer responsibility organisations fulfil their obligations in coordinated manner and in accordance with the Union competition rules.

 

Amendment  91

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22c – paragraph 16

 

Text proposed by the Commission

Amendment

16. Member States shall require that producer responsibility organisations ensure the confidentiality of the data in their possession as regards proprietary information or information directly attributable to individual producers or their authorised representatives.

16. Member States shall require that producer responsibility organisations ensure the confidentiality of the data in their possession as regards proprietary information or information directly attributable to individual producers or their authorised representatives. That confidentiality shall be maintained throughout data handling, storage and reporting processes, with robust security measures and data protection standards in place to prevent unauthorised access or potential data breaches.

Amendment  92

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22c – paragraph 17 – point a

 

Text proposed by the Commission

Amendment

(a) at least each year, subject to commercial and industrial confidentiality, the information on the amount of products placed on the market, the rate of separate collection of used and waste textile, textile-related and footwear products listed in Annex IVc, including such unsold products, on the rates of re-use, preparation for re-use and recycling, specifying separately the rate of fibre-to-fibre recycling, achieved by the producer responsibility organisation, and on the rates of other recovery, disposal and exports;

(a) at least each year, subject to commercial and industrial confidentiality, the information on the amount and weight of products placed on the market, the rate of separate collection of used and waste textile, textile-related and footwear products listed in Annex IVc, including such unsold products, and quantities of textile waste collected from social enterprises, on the rates of re-use, preparation for re-use and recycling, specifying separately the rate of fibre-to-fibre recycling, achieved by the producer responsibility organisation, and on the rates of other recovery, disposal and exports;

Amendment  93

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22c – paragraph 17 – point b a (new)

 

Text proposed by the Commission

Amendment

 

(ba) clear and concise data regarding the environmental impact of textile, textile-related and footwear products, including the impact on the environment and human health, particularly with respect to fast-fashion practices and consumption, recycling and other recovery, and disposal; that information shall also address inappropriate discarding of textile and footwear waste, such as littering or discarding in mixed municipal waste and the steps taken to mitigate these impacts.

Amendment  94

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22c – paragraph 18

 

Text proposed by the Commission

Amendment

18. Member States shall ensure that producer responsibility organisations provide for non-discriminatory selection procedure, based on transparent award criteria, without placing disproportionate burden on small and medium-sized enterprises to procure waste management services from waste management operators referred to in paragraph 6(a) and from waste management operators to carry out subsequent waste treatment.

18. Member States shall ensure that producer responsibility organisations provide a transparent and non-discriminatory selection procedure for waste management operators, based on clear, fair and transparent award criteria, without placing any disproportionate burden on small and medium-sized enterprises (SMEs), taking into consideration the operational realities of waste management operators and ensuring equitable access to waste management services.

Amendment  95

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22d – paragraph 1

 

Text proposed by the Commission

Amendment

1. Member States shall ensure, by 1 January 2025 and subject to Article 10(2) and (3), the separate collection of textiles for re-use, preparation for re-use and recycling.

1. Member States shall ensure, by 1 January 2025 and subject to Article 10(2) and (3), the separate collection of textiles for re-use, preparing for re-use and recycling.

Amendment  96

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22d – paragraph 2

 

Text proposed by the Commission

Amendment

2. Member States shall ensure that the collection, loading and unloading, transportation and storage infrastructure and operations and other handling of textile waste, including at subsequent sorting and treatment operations, receives protection from weather conditions and other sources of contamination to prevent damage and cross-contamination of the collected textiles. Separately collected used and waste textiles shall be subject to a screening at the separate collection point to identify and remove non-target items or materials or substances that are a source of contamination.

2. Member States shall ensure that the collection, loading and unloading, transportation and storage infrastructure and operations as well as all other handling processes of textile waste, including at subsequent sorting and treatment operations, receive adequate protection from weather adverse conditions and other potential sources of contamination such as pollutants, chemicals or hazardous materials in order to prevent damage and cross-contamination of the collected used textile products and waste textile products. Separately collected used and waste textiles shall be subject to a rigorous and professional screening process at the separate collection point. That screening shall identify and remove non-target items or materials, as well as substances that are potential sources of contamination.

Amendment  97

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22d – paragraph 3 – subparagraph 2

 

Text proposed by the Commission

Amendment

With regard to textiles other than the products listed in Annex IVc, as well as unsold textile, textile-related and footwear products listed in Annex IVc, Member States shall ensure that the different fractions of textiles materials and textiles items are kept separate at the point of waste generation where such separation facilitates subsequent re-use, preparation for re-use or recycling, including fibre-to-fibre recycling where technological progress allows.

With regard to textiles other than the products listed in Annex IVc, as well as unsold textile, textile-related and footwear products listed in Annex IVc, Member States shall ensure that the different fractions of textiles materials and textiles items are kept separate at the point of waste generation where such separation facilitates subsequent re-use, preparing for re-use or recycling. That separation shall be carried out efficiently to maximise resource recovery and environmental benefits, including fibre-to-fibre recycling where technological progress allows and in a cost-effective manner.

Amendment  98

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22d – paragraph 5 – point b

 

Text proposed by the Commission

Unchanged text included in the compromise

(b) sorting for re-use operations sort textile items at an appropriate level of granularity, separating fractions that are fit for direct re-use from those that are to be subject to further preparation for re-use operations, target a specific re-use market applying up-to-date sorting criteria relevant to the receiving market;

(b) sorting for re-use operations sort textile items at an appropriate level of granularity, allowing from item to item sorting, separating fractions that are fit for direct re-use from those that are to be subject to further preparation for re-use operations, target a specific re-use market applying up-to-date sorting criteria relevant to the receiving market;

Amendment  99

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22d – paragraph 5 – point c

 

Text proposed by the Commission

Amendment

(c) items that are assessed as not suitable for re-use are sorted for recycling and, where technological progress allows, specifically for fibre-to-fibre recycling.

(c) items that are assessed as not suitable for re-use are sorted for recycling and, where technological progress allows, in line with the waste hierarchy established in Article 4(1), prioritise upgrading and remaking over fibre-to-fibre recycling.

Amendment  100

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22d – paragraph 5 – subparagraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

Member States may establish mechanisms for the regular monitoring and auditing of sorting operations to ensure compliance with the requirements laid down in points (a), (b), (c), and (d).

Amendment  101

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22d – paragraph 5 a (new)

 

Text proposed by the Commission

Amendment

 

5a. The sorting operation shall follow the principle of proximity, prioritising local sorting and minimising environmental impacts from transportation.

Amendment  102

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22d – paragraph 6

 

Text proposed by the Commission

Amendment

6. By 31 December 2025 and every 5 years thereafter, Member States shall carry out a compositional survey of collected mixed municipal waste to determine the share of waste textiles therein. Member States shall ensure that, on the basis of the information obtained, the competent authorities may require the producer responsibility organisations to take corrective action to increase their network of collection points and carry out information campaigns in accordance with Article 22c(13) and (14).

6. By 31 December 2025 and every 3 years thereafter, Member States shall carry out a compositional survey of collected mixed municipal waste to determine the share and composition in accordance with Annex IVc of waste textiles therein. Member States shall ensure that, on the basis of the information obtained, the competent authorities may require the producer responsibility organisations to take corrective action to increase their network of collection points and carry out information campaigns in accordance with Article 22c(13) and (14). Member States shall ensure that the results of these surveys are available to the public.

Amendment  103

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22d – paragraph 7

 

Text proposed by the Commission

Amendment

7. Member States shall ensure that, in order to distinguish between used and waste textiles, shipments of used textiles, textile-related and footwear products suspected of being waste may be inspected by the competent authorities of Member States for compliance with the minimum requirements set out in paragraphs 8 and 9 for the shipments of used textile, textile related and footwear products listed in Annex IVc and monitored accordingly.

7. Member States shall ensure that, in order to distinguish between used and waste textile shipments of used textiles, textile-related and footwear products suspected of being waste shall be inspected by the competent authorities of Member States for compliance with the minimum requirements set out in paragraphs 8 and 9 for the shipments of used textile, textile related and footwear products listed in Annex IVc and monitored accordingly.

Amendment  104

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22d – paragraph 8 – point d

 

Text proposed by the Commission

Amendment

(d) appropriate protection against damage during transportation, loading and unloading, in particular, through sufficient packaging and appropriate stacking of the load.

(d) appropriate protection against damage during transportation, loading and unloading, in particular, through sufficient packaging and appropriate stacking of the load, ensuring that the integrity and quality of the textiles for re-use are maintained throughout the transport process.

Amendment  105

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22d – paragraph 9 – point a

 

Text proposed by the Commission

Amendment

(a) the record of the sorting or preparation for re-use operations shall be fixed securely but not permanently on the packaging;

(a) the record of the sorting or preparing for re-use operations shall be fixed securely but not permanently on the packaging;

Amendment  106

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22d – paragraph 9 – point b – point 1

 

Text proposed by the Commission

Amendment

(1) a description of the item or items present in the bale reflecting the most detailed sorting granularity that the textile items have undergone during the sorting or preparation for re-use operations such as type of clothes, size, colour, gender, material composition,

(1) a comprehensive description of the item or items present in the bale reflecting the most detailed sorting granularity that the textile items have undergone during the sorting or preparing for re-use operations. That description shall include, but not be limited to, type of clothes, size, colour, gender, material composition, and any other relevant characteristics that contribute to efficient re-use and recycling, 

Amendment  107

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22d – paragraph 9 – point b – point 2

 

Text proposed by the Commission

Amendment

(2) the name and address of the company responsible for the final sorting or preparation for re-use.

(2) the name and address of the company responsible for the final sorting or preparing for re-use, ensuring transparency in the process and accountability for the quality of the items.

Amendment  108

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22d – paragraph 10 a (new)

 

Text proposed by the Commission

Amendment

 

10a. In accordance with Regulation (EC) 1013/2006 of the European Parliament and of the Council*, as amended by Regulation (EU) ... / ... of the European Parliament and of the Council [P.O. :insert reference for Waste Shipments Regulation revision when adopted]**, textile waste shall not be mixed with used textile products.

 

------------------

 

* Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ L 190, 12.7.2006, p. 1).

 

** Regulation of the European Parliament and of the Council on shipments of waste and amending Regulations (EU) No 1257/2013 and (EU) No 2020/1056, COM(2021) 709 final.

Amendment  109

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22d – paragraph 10 b (new)

 

Text proposed by the Commission

Amendment

 

10b. Member States shall ensure that the shipment of used textiles products to third countries is in accordance with national legislationof those third countries relating to environmental protection, public order, public safety or health protection.

Amendment  110

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22d – paragraph 10 c (new)

 

Text proposed by the Commission

Amendment

 

10c. By 31 December 2025, the Commission shall develop a study to assess the application of end-of-waste criteria laid down in Article 6 of this Directive to plastic polymers commonly found in solid marine litter, including polyamide.

 

Where appropriate, the Commission shall adopt implementing acts to establish detailed measures on the uniform application of Union-wide end-of-waste criteria for marine litter, whilst taking into account best practices already established by Member States.

Justification

The EU lacks adequate solutions for the collection and management of solid marine litter (plastics, fishing nets and gears, etc.). This legal vacuum is preventing plastic waste impairing European marine ecosystems to be appropriately collected, recycled and ultimately given a new life within the emerging EU market for circular materials.

Amendment  111

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2008/98/EC

Article 22d a (new)

 

Text proposed by the Commission

Amendment

 

Article 22da

 

Textile waste reduction targets

 

1.  By 30 June 2025, the Commission shall conduct an assessment on appropriate levels for the setting of targets for 2032 on textile waste reduction, which shall include levels of collection rates, preparation for re-use, re-use, recycling of textiles and phasing out landfilling of textiles. The assessment shall also include an analysis of the level of exports of used textiles to third countries and of extending the responsibility of producers to those exports. To that end, the Commission shall submit a report to the European Parliament and to the Council, accompanied, where appropriate, by a legislative proposal.

Amendment  112

Proposal for a directive

Article 1 – paragraph 1 – point 11 a (new)

Directive 2008/98/EC

Article 42 a (new)

 

Text proposed by the Commission

Amendment

 

(11a) the following Article is inserted:

 

Article 42a

 

Evaluation and review of the Waste Framework Directive

No later than 31 December 2026, the Commission shall carry out an evaluation of this Directive. The Commission shall present a report on its findings to the European Parliament and to the Council. Where appropriate, the report shall be accompanied by a legislative proposal.

Amendment  113

Proposal for a directive

Article 1 – paragraph 1 – point 11 b (new)

Directive 2008/98/EC

Article 42 b (new)

 

Text proposed by the Commission

Amendment

 

(11b) the following Article is inserted:

 

Article 42b

 

Evaluation and review of the Directive 1999/31/EC

 

No later than 31 December 2026, the Commission shall carry out an evaluation of Council Directive 1999/31/EC. The Commission shall present a report on the findings to the European Parliament and to the Council. Where appropriate, the report shall be accompanied by a legislative proposal.

Amendment  114

Proposal for a directive

Article 2 – paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [P.O. insert date eighteen months after the entry into force of this amending Directive] at the latest. They shall forthwith communicate to the Commission the text of those provisions.

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [P.O. insert date twelve months after the entry into force of this amending Directive] at the latest. They shall forthwith communicate to the Commission the text of those provisions.

Amendment  115

Proposal for a directive

Annex IVc

 

 

Text proposed by the Commission

ANNEX IVc 

Products that fall within the scope of the extended producer responsibility for certain textile, textile-related and footwear products  

Part 1  

Household textile products, and textile articles of apparel and clothing accessories that fall within the scope of Article 22a   

 

CN code  

Description  

61 – all listed codes within the chapter  

Articles of apparel and clothing accessories, knitted or crocheted  

62 – all listed codes within the chapter  

Articles of apparel and clothing accessories, not knitted or crocheted  

6301  

Blankets and travelling rugs (except 6301 10 00)  

6302  

Bed linen, table linen, toilet linen and kitchen linen  

6303  

Curtains (including drapes) and interior blinds; curtain or bed valances  

6304  

Other furnishing articles, excluding those of heading 9404  

6309  

Worn clothing and other worn articles  

6504  

Hats and other headgear, plaited or made by assembling strips of any material, whether or not lined or trimmed  

6505  

Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed; hairnets of any material, whether or not lined or trimmed  

 

Part 2  

Footwear, and articles of apparel and clothing accessories whose main composition is not textile within the scope of Article 22a  

 

CN code  

Description  

4203  

Articles of apparel and clothing accessories, of leather or composition leather (excl. footwear and headgear and parts thereof, and goods of chapter 95, e.g. shin guards, fencing masks)  

6401  

Waterproof footwear with outer soles and uppers of rubber or of plastics, the uppers of which are neither fixed to the sole nor assembled by stitching, riveting, nailing, screwing, plugging or similar processes  

6402  

Other footwear with outer soles and uppers of rubber or plastics   

6403  

Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of leather 

6404  

Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials  

6405  

Other footwear  

 

Amendment

 

ANNEX IVc 

Products that fall within the scope of the extended producer responsibility for certain textile products  

 

Part 1  

Textile products, and textile articles of apparel and clothing accessories that fall within the scope of Article 22a   

 

CN code  

Description  

61 – all listed codes within the chapter  

Articles of apparel and clothing accessories, knitted or crocheted  

62 – all listed codes within the chapter  

Articles of apparel and clothing accessories, not knitted or crocheted  

6301  

Blankets and travelling rugs (except 6301 10 00)  

6302  

Bed linen, table linen, toilet linen and kitchen linen  

6303  

Curtains (including drapes) and interior blinds; curtain or bed valances  

6304  

Other furnishing articles, excluding those of heading 9404  

6309  

Worn clothing and other worn articles  

6504  

Hats and other headgear, plaited or made by assembling strips of any material, whether or not lined or trimmed  

6505  

Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed; hairnets of any material, whether or not lined or trimmed  

 

Part 2  

Footwear, and articles of apparel and clothing accessories whose main composition is not textile within the scope of Article 22a  

 

CN code  

Description  

4203  

Articles of apparel and clothing accessories, of leather or composition leather (excl. footwear and headgear and parts thereof, and goods of chapter 95, e.g. shin guards, fencing masks)  

6401  

Waterproof footwear with outer soles and uppers of rubber or of plastics, the uppers of which are neither fixed to the sole nor assembled by stitching, riveting, nailing, screwing, plugging or similar processes  

6402  

Other footwear with outer soles and uppers of rubber or plastics   

6403  

Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of leather 

6404  

Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials  

6405  

Other footwear  

 

 

Amendment  116

Proposal for a directive

Annex IV c – part 2 a (new

 

 

 

Text proposed by the Commission

 

 

Amendment

Textile products within the scope of Article 22a

CN code 

Description 

9404

Mattresses

5704

Carpets

 

 

 


 


 

EXPLANATORY STATEMENT

The Rapporteur of the European Parliament, Mrs. Anna Zalewska MEP, intends to introduce some targeted as well as overhauling changes in the ‘Draft Report on the proposal for a directive of the European Parliament and of the Council amending Directive 2008/98/EC on waste (COM(2023) 420 – C9 0233/2023 – 2023/0234(COD))’, i.e. the Draft Report of the review of the Waste Framework Directive.

 

Firstly, Mrs. Zalewska brings in changes to the areas in which the Commission proposal had focused on; the new provisions pertaining to food and textile waste. The Rapporteur’s changes include improvements to the actual practicality and functionality of provisions on waste reduction programmes, as well as mandating improved methodologies, as to properly enable the pursuit of reduction targets by Member States.

 

Secondly, the Rapporteur is introducing several overhauling changes to the Waste Framework Directive which pertain to noticeable shortcomings in its current functionality. The Rapporteur namely introduces an objective for the Union and Member States to eliminate illegal landfills in the EU as well as several technical improvements in practises regarding management of municipal waste.

Thirdly, broader changes such as fostering technological innovation and creative solutions as well as information campaigns are also implemented with a view of elevating the profile of waste management and prevention in the Union’s environment policies, as its shortcomings or achievements are immediately evident.

 

1. changes to Commission proposal

 

1.1 food waste (Art. 9a, Art. 29a, relevant parts of Art. 3 and Art. 9)

 

1.1.1 differentiating “food wastage” (food which could have been eaten) from just “food waste” (non-edible parts) more distinctly;

1.1.2 for the targets in Art. 9a par. 4, changing base year from 2020 to 2025, and changing target date from 2030 to 2035;

1.1.3 new Union-wide food waste reduction target by 2035, clarified by 2030 with greater data availability by then;

1.1.4 methodology in Commission Delegated Decision (EU) 2019/1597 of 3 May 2019 requires proper referencing as well as an update in Art. 9a;

1.1.5 taking into consideration seasonal tourist hikes, influxes of refugees and migrants, when accounting for targets in Art. 9a par. 4;

1.1.6 clear distinction for farmers, primary production in Art. 9a par. 4;

1.1.7 clarification that pressure is on those that can better predict clients, buffet style catering, not regular restaurants, as well as attention paid to luxury establishments, yachts, private planes, etc. in Art. 9a;

1.1.8 encouraging the use of food waste for bio-gas, bio-fuels; encouraging technological solutions e.g. phone apps enabling selection of food before expiry;

1.1.9 protecting individual consumers following changes, avoiding food price hikes;

 

 

 

1.2 textile waste (Art. 22a - 22d, Annex IVc, relevant parts of Art. 3 and Art. 11)

 

1.2.1 horizontal changes including “textile products” instead of “textiles, textile-related, and footwear products listed in Annex IVc”, and “preparing for reuse” rather than “preparation for reuse” as the correct formulation;

1.2.2 adding “used textile products” definition to ensure it is not regarded as waste as it is counterfactual, usage of suitable used textile products and second hand purchasing should be encouraged;

1.2.3 addition of “separate collection point” for textiles; deletion of Commission’s deletion of Member States’ introducing separate collection for textiles in Art. 11 and ensuring consistency with Art. 22d par. 1, banning mix of used and waste textile products, giving deadline for implementing act in Art. 22c par. 9;

1.2.4 optionality for micro and SME producers for textiles EPR scheme, exemptions for collection of donations for victims of natural disasters and others;

1.2.5 adjusting to transposition time for Member States to be in line with necessary implementing act;

1.2.6 additions to Annex IVc, however, future delegated acts should not expand its scope as adjusting EPR schemes;

1.2.7 allocating part of EPR fees to a fund for reuse and repair operations;

1.2.8 focusing to weight, rather than number of textile products in Art. 22c par. 17; Member State information sharing of national register, clarifying information shared by PROs;

1.2.9 introduction of Union-wide indicative target for textile waste reduction for 2040

 

1.3 fixing inadequate reporting and monitoring (Art. 37, relevant parts of Art. 11, Art. 11b)

 

1.3.1 Art. 37 par. 3 on Member States not reporting quantitative data on re-use of textiles has been removed;

1.3.2 deadline for implementing act in Art. 37 par. 7;

 

1.4 transposition time change to be related to necessary implementing acts;

 

1.5 changes to Article 2 of the Waste Framework Directive have been intentionally left as is in the Commission proposal.

 

 

2. changes to original Waste Framework Directive beyond Commission proposal

 

2.1 eliminating illegal landfills in the EU (new art. 12a, new art. 23a, new 26a, changes to art. 3, art. 17, art. 23, art. 34,  art. 35)

 

2.1.1 introducing definition of illegal landfills, adding a new landfill register;

2.1.2 adding rigidity and requirements regarding permits in Art. 23 (and as in Art. 9 in Landfill Directive);

2.1.3 changing role of dealers and brokers (expanding definition), all must be on a new register in Art. 26a, requirements of Member States to share information of register with each other;

2.1.4 stricter enforcement of sound treatment of hazardous waste, with stricter monitoring of backfilling via groundwater quality and video monitoring in Art. 15, and introducing a deposit system for proof of sound treatment of waste as well as liability and responsibility of producers in Art. 17;

2.1.5 use of penalties, creating targeted fund for waste, additional requirements of dealers and brokers, corporate due diligence on reporting waste management;

2.1.6 more powers to environment protection inspectorates of national authorities;

2.1.7 introducing additional inspections in Art. 34; use of drones and satellite imagery, encouraging new technologies for monitoring; making reporting of illegal landfill sites easier;

2.1.8 addressing trans-border waste issues (intra-EU, extra-EU), relation to revision of Waste Shipment Regulation;

 

2.2 municipal waste improvement (Art. 11, Art. 11a, new Art. 15a)

 

2.2.1 municipal waste collection practises require upgrading; encouraging phasing out collection of municipal waste via placing on the street, promoting containers, health concern for humans in new art. 15a;

2.2.2 giving deadline for Commission and EEA reporting obligation on progress towards achieving targets Art. 9a par. 4, Art. 11 par. 2 pts. (c), (d), and (e), and Art. 11 par. 3; (alongside accelerating from 2028 to 2025 Commission’s obligation to review municipal recycling targets)

2.2.3 adding the use of minerals from incinerated municipal waste to being counted as recycling, if used in cement for construction in Art. 11a; giving a deadline for the existing Commission’s obligation to put forward the tight methodology;

2.2.4 mandating Commission analysis by end of 2025 in Art. 11 of producing alternative fuels from different wastes, in line with the analyses mandated for municipal waste;

 

3. broader changes in waste management as new additions to original Waste Framework Directive beyond Commission proposal

 

3.1 immediate requirements for EU institution buildings in each Member State to be exemplary in waste management, ensuring food wastage is as close to zero as possible;

3.2 encouraging innovative projects and creative solutions in new Art. 32a for waste management;

3.2.1 Commission support to foster projects from EU funds, especially technological advancements (including projects to clean up rivers, sea shores, lakes, etc.);

3.3 ensuring financial and technical support for Member States;

3.4 enabling information and education campaigns in new Art. 32b, including encouraging thrift shop purchasing, increasing knowledge and active participation of public.

 

All in all, it is the hope of the Rapporteur that the Parliament, together with the Council and Commission, to bring about a much needed turning point in the fight against waste pollution with policy changes that would markedly improve the way the Union undergoes its waste prevention and waste management programmes.

 

 

 


 

ANNEX: LIST OF ENTITIESOR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that she has received input from the following entities or persons in the preparation of the report, until the adoption thereof in committee:

 

Entity and/or person 

Zero Waste Europe 

Polskie Stowarzyszenie Zero Waste 

Municipal Waste Europe 

COPA-COCEGA 

European Textile and Apparel Confederation (Euratex) 

Confederation of European Waste-to-Energy Plants (CEWEP) 

Ministry of Climate and Environment of Poland (MKiŚ) 

Główny Inspektorat Ochrony Środowiska (GIOŚ) 

European Recycling Industries’ Confederation (EuRIC) 

National Centre for Research and Development (NCBR) 

RREUSE 

Better Cotton 

Business Science Poland (BSP) 

European Environmental Bureau (EEB) 

KREAB 

Changing Markets Foundation 

European Compost Network 

Policy Hub for Apparel and Footwear 

 

The list above is drawn up under the exclusive responsibility of the rapporteur.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


OPINION OF THE COMMITTEE ON AGRICULTURE AND RURAL DEVELOPMENT (25.1.2024)

for the Committee on Environment, Public Health and Food Safety

on the proposal for a directive of the European Parliament and of the Council amending Directive 2008/98/EC on waste

(COM(2023)420 – C9‑0233/2023 – 2023/0234(COD))

Rapporteur for opinion: Clara Aguilera

 

SHORT JUSTIFICATION

The Rapporteur welcomes the revision of the Waste Framework Directive proposed by the Commission to reduce the environmental and climate impact of food systems associated with the generation of food waste as well as the setting of legally binding food waste reduction targets for Member States by 2030.

Food waste constitutes an ‘inefficiency’ in the food chain, which has economic, social and environmental consequences, as it is a waste of the work done by farmers in the production of food and a misuse of the natural resources consumed in this process. According to the two available estimates (dating from 2012 and 2022), food waste in the EU amounts to between 88 and 153.5 million tonnes per year. The associated costs total EUR 143 billion per year. This amount of food waste accounts for around 227 million tonnes of CO2, or around 6 % of total EU emissions.

The European Parliament has consistently supported the reduction of food waste. Reducing food loss and waste is an integral part of the EU Farm to Fork Strategy 2020 for a fair, healthy and environmentally friendly food system.

The setting of specific targets is expected to lead each Member State to take ambitious measures tailored to its specific national situation, thereby reinforcing efforts and expanding effective strategies, leaving Member States full flexibility in the selection of measures in the review of their food waste prevention programmes with a view to achieving the reduction targets.

The rapporteur for the opinion of the Committee on Agriculture and Rural Development strongly welcomes the fact that the proposal excludes the primary sector from the reduction targets and calls for Member States to be encouraged to put greater emphasis on training to prevent food waste.

Considering that 2020 is the first year in which food waste measurement data is available from Member States, as there was no obligation to quantify food waste before, the rapporteur agrees with the reference year, 2020, as set out in the proposal.

The rapporteur considers the proposed objectives to be reasonable. However, the rapporteur proposes that the 30 % target be applied separately to each of the stages in the food supply chain referred to in Article 9a(4)(b) so as to ensure a fair distribution of the burden of responsibility and a fair breakdown of the progress achieved at each stage.

AMENDMENTS

The Committee on Agriculture and Rural Development calls on the Committee on Environment, Public Health and Food Safety, as the committee responsible, to take the following into account:

Amendment  1

 

Proposal for a directive

Recital 3

 

Text proposed by the Commission

Amendment

(3) Having regard to the negative effects of food waste, Member States committed themselves to taking measures to promote the prevention and reduction of food waste in line with the 2030 Agenda for Sustainable Development, adopted by the United Nations (UN) General Assembly on 25 September 2015, and in particular its target of halving per capita global food waste at the retail and consumer levels and reduce food losses along production and supply chains, including post-harvest losses, by 2030. Those measures aimed to prevent and reduce food waste in primary production, in processing and manufacturing, in retail and other distribution of food, in restaurants and food services as well as in households.

(3) Having regard to the negative effects of food waste on society, the economy and the environment, Member States committed themselves to taking measures to promote the prevention and reduction of food waste in line with the 2030 Agenda for Sustainable Development, adopted by the United Nations (UN) General Assembly on 25 September 2015, and in particular its target of halving per capita global food waste at the retail and consumer levels and reduce food losses along production and supply chains, including post-harvest losses, by 2030. Those measures aimed to prevent and reduce food waste in primary production, in processing and manufacturing, in retail and other distribution of food, in restaurants and food services as well as in households and progress made in their implementation should be assessed periodically.

Amendment  2

Proposal for a directive

Recital 7

 

Text proposed by the Commission

Amendment

(7) Member States have, to a certain extent, developed materials and carried out campaigns targeting food waste prevention for consumers and food business operators; however, these mainly focus on raising awareness rather than eliciting behavioural change. In order to reach the full potential for reducing food waste and ensure progress over time, behavioural change interventions have to be developed, tailored to the specific situations and needs in Member States, and fully integrated in national food waste prevention programmes. Importance should also be given to regional circular solutions, including public-private partnerships and citizen engagement as well adaptation to specific regional needs such as outermost regions or islands.

(7) Member States have developed materials and carried out campaigns targeting food waste prevention for consumers and food business operators; however, these mainly focus on raising awareness rather than eliciting behavioural change. In order to reach the full potential for reducing food waste and ensure progress over time, school-led behavioural change interventions have to be developed, tailored to the specific situations and needs in Member States, and fully integrated in national food waste prevention programmes. Importance should also be given to regional, provincial and local circular solutions, including public-private partnerships and citizen engagement as well as adaptation to specific regional needs such as outermost regions or islands.

Amendment  3

Proposal for a directive

Recital 8

 

Text proposed by the Commission

Amendment

(8) Despite the growing awareness of the negative impacts and consequences of food waste, the political commitments made at EU and Member State levels, and Union measures implemented since the 2015 Circular Economy Action Plan, food waste generation is not sufficiently decreasing to make significant progress towards achieving Target 12.3 of the UN Sustainable Development Goal (SDG) 12. In order to ensure significant contribution towards the attainment of SDG Target 12.3, the measures to be taken by Member States should be strengthened to make progress in the implementation of this Directive and of other appropriate measures to reduce food waste generation.

(8) Despite the growing awareness of the impact of food waste, the political commitments made at EU and Member State levels, and Union measures implemented since the 2015 Circular Economy Action Plan, food waste generation has not sufficiently decreased to make significant progress towards achieving Target 12.3 of the UN Sustainable Development Goal (SDG) 12. In order to ensure significant contribution towards the attainment of SDG Target 12.3, the measures to be taken by Member States should be strengthened and supported by the EU, including through financial incentives, to make progress in the implementation of this Directive and of other appropriate measures to reduce food waste generation.

Amendment  4

Proposal for a directive

Recital 9

 

Text proposed by the Commission

Amendment

(9) In order to achieve results in the short term, and to give food business operators, consumers and public authorities the necessary perspective for the longer term, quantified targets for reduction of food waste generation, to be achieved by Member States by 2030, should be set.

(9) In order to achieve results in the short and medium term, and to give food business operators, consumers and public authorities the necessary perspective for the longer term, quantified targets for reduction of food waste generation, to be achieved by Member States by 2030 at the latest, in view of the needs both of consumers and of economic operators, should be set. In addition, mechanisms should be established to allocate appropriate financial and technological resources to support the implementation of these objectives and to ensure that Member States have the necessary capacity to make the proposed changes.

Amendment  5

Proposal for a directive

Recital 9 a (new)

 

Text proposed by the Commission

Amendment

 

(9a) There is less and less general awareness of food waste prevention. That is why targeted and regular campaigns and information are needed for every age group.

Amendment  6

Proposal for a directive

Recital 10

 

Text proposed by the Commission

Amendment

(10) Having regard to the Union’s commitment to the ambition set out in SDG Target 12.3, the setting of food waste reduction targets to be achieved by Member States by 2030 should provide a strong policy impulse to take action and ensure a significant contribution to global targets. However, given the legally binding nature of such targets, they should be proportionate and feasible, and take into account the role of different actors in the food supply chain as well as their capacity (in particular micro and small enterprises). The establishment of legally binding targets should thus follow a step-wise approach, starting with a level which is lower than the one set under the SDG, with a view to ensuring a consistent response of Member States and tangible progress towards Target 12.3.

(10) Having regard to the Union’s commitment to the ambition set out in SDG Target 12.3, the setting of food waste reduction targets to be achieved by Member States by 2030 should provide a strong policy impulse to take action and ensure a significant contribution to global targets. However, given the legally binding nature of such targets, they should be proportionate and feasible, and take into account the role of different actors in the food supply chain as well as their capacity (in particular micro and small enterprises). In addition, a distinction must be made between avoidable and unavoidable food losses. The establishment of legally binding targets should thus follow a step-wise approach, starting with a level which is lower than the one set under the SDG, with a view to ensuring a consistent response of Member States and tangible progress towards Target 12.3.

Justification

A clear distinction between avoidable and unavoidable food losses is necessary, also for reasons of proportionality.

Amendment  7

Proposal for a directive

Recital 10 a (new)

 

Text proposed by the Commission

Amendment

 

(10a) Agricultural production placed on the market for sale depends on a series of natural, legal and operational factors beyond farmers' control. To be placed on the market and sold to consumers, most agri-food products must conform to strict Union or international marketing standards. In particular, fruit and vegetable products which are intended to be sold fresh to the consumer may only be marketed if they are sound, fair and of marketable quality and if their country of origin is indicated. Products sold locally and directly by producers to consumers are exempt from marketing standards. Some products affected by natural disasters or other exceptional circumstances are also exempt, if their consumption is safe. Therefore, agricultural products which cannot be marketed for food consumption because they do not conform to the current rules and products which cannot be used for uses other than as food, such as for energy production from biomass, should not be considered waste.

Amendment  8

Proposal for a directive

Recital 10 b (new)

 

Text proposed by the Commission

Amendment

 

(10b) Disparities in bargaining power between suppliers and buyers of agricultural and food products still persist in food supply chains across the EU. This is particularly the case in the agricultural sector, since the specific nature of agricultural products and the associated need to dispose of them quickly distorts equality among counterparties from the very outset. Every effort must therefore be made to ensure that the most common unfair trading practices affecting agricultural suppliers, particularly in the supply of perishable products, do not increase as a result of binding targets to reduce food waste.

Amendment  9

Proposal for a directive

Recital 10 c (new)

 

Text proposed by the Commission

Amendment

 

(10c) Having regard to the work of the European Economic and Social Committee and the European Food Security Crisis preparedness and response Mechanism, whereby the contribution of packaging in reducing food waste and ensuring food supply and security has been recognised;

Amendment  10

Proposal for a directive

Recital 10 d (new)

 

Text proposed by the Commission

Amendment

 

(10d) The results obtained by all actors in the agri-food chain to reduce food loss and waste, in line with UN Sustainable Development Goal 12.3.

Amendment  11

Proposal for a directive

Recital 11 a (new)

 

Text proposed by the Commission

Amendment

 

(11a) The larger the amounts of food waste reduction, the higher are the decreases in food expenditure shares of households1a

 

_________________

 

1a https://publications.jrc.ec.europa.eu/repository/bitstream/JRC133971/JRC133971_01.pdf

Amendment  12

Proposal for a directive

Recital 11 b (new)

 

Text proposed by the Commission

Amendment

 

(11b) Reducing food waste at any point along the food supply chain yields significant positive environmental impact2a

 

_________________

 

2a https://publications.jrc.ec.europa.eu/repository/bitstream/JRC133971/JRC133971_01.pdf

Amendment  13

Proposal for a directive

Recital 11 c (new)

 

Text proposed by the Commission

Amendment

 

(11 c) A significant percentage of produce is discarded for cosmetic reasons including weird shapes, odd colors, or blemishes. Such food waste should be totally avoided

Amendment  14

 

Proposal for a directive

Recital 12

 

Text proposed by the Commission

Amendment

(12) Bearing in mind the interdependence between the distribution and consumption stages in the food supply chain, in particular the influence of retail practices on consumer behaviour and the relation between food consumption in- and out-of-home, it is advisable to set up one joint target for these stages of the food supply chain. Setting separate targets for each of these stages would add unnecessary complexity and would limit Member States’ flexibility in focusing on their specific areas of concern. In order to avoid that a joint target results in excessive burden on certain operators, Member States will be advised to consider the principle or proportionality in setting up measures to reach the joint target.

(12) Despite the interdependence between the distribution and consumption stages in the food supply chain, in particular the influence of retail practices on consumer behaviour and the relation between food consumption in- and out-of-home, it is advisable to set up one joint target for these stages of the food supply chain. Setting separate targets for each stage would add unnecessary complexity and would limit Member States’ flexibility in focusing on their specific areas of concern. In order to avoid that a joint target results in excessive burden on certain operators, Member States will be advised to consider the principle of proportionality to ensure a fair and realistic distribution of responsibility and accountability with due consideration of small and micro enterprises operating in the food supply chain.

Amendment  15

Proposal for a directive

Recital 12 a (new)

 

Text proposed by the Commission

Amendment

 

(12a) Points out that it is impossible to effectively solve the problem of food waste in farms without ensuring a stable income for farmers and controlling large market fluctuations when the production cost of the products are higher than the price offered by the market;

Amendment  16

Proposal for a directive

Recital 12 b (new)

 

Text proposed by the Commission

Amendment

 

(12b) Underlines the importance of redistributing the products at the end of their expiring date to the people in need; Notes that food retailers have all opportunities to donate such products to charitable organizations which are able to distribute these products without delay, ensuring that they are consumed;

Amendment  17

 

Proposal for a directive

Recital 14

 

Text proposed by the Commission

Amendment

(14) Based on the harmonised methodology set out in Commission Delegated Decision (EU) 2019/159776 , the first year for which data on food waste levels were collected was 2020. Therefore, the year 2020 should be used as a baseline for setting food waste reduction targets. For Member States, which can demonstrate that they performed food waste measurements before 2020, using methods consistent with Delegated Decision (EU) 2019/1597, the use of an earlier baseline should be allowed.

(14) Based on the harmonised methodology set out in Commission Delegated Decision (EU) 2019/159776 , the first year for which data on food waste levels were collected was 2020. However, given that 2020 was an exceptional year, in the context of COVID19 pandemic and the associated lockdowns, a 2020-2022 would be a more suitable reference period, taking into account divergences arising from the pandemic. For Member States, which can demonstrate that they performed food waste measurements before 2020, using methods consistent with Delegated Decision (EU) 2019/1597, the use of an earlier baseline should be allowed.

__________________

__________________

76 Commission Delegated Decision (EU) 2019/1597 of 3 May 2019 supplementing Directive 2008/98/EC of the European Parliament and of the Council as regards a common methodology and minimum quality requirements for the uniform measurement of levels of food waste (OJ L 248, 27.9.2019, p. 77).

76 Commission Delegated Decision (EU) 2019/1597 of 3 May 2019 supplementing Directive 2008/98/EC of the European Parliament and of the Council as regards a common methodology and minimum quality requirements for the uniform measurement of levels of food waste (OJ L 248, 27.9.2019, p. 77).

Amendment  18

Proposal for a directive

Recital 14 a (new)

 

Text proposed by the Commission

Amendment

 

(14a) The harmonised methodology established in Commission Delegated Decision (EU) 2019/1597 provides for the use of different reporting methods. To ensure that future data are scientifically sound, high quality and comparable, it is necessary to establish and apply clear and consistent measurement methods among the Member States and minimum quality requirements for the uniform measurement of food waste.

Amendment  19

Proposal for a directive

Recital 14 b (new)

 

Text proposed by the Commission

Amendment

 

(14b) In order to ensure that actors in the food supply chain and Member State authorities consistently interpret food waste data and reporting monitoring, the Commission shall issue guidelines on the methodology for the measurement of food waste;

Justification

Guidelines and more prescriptive rules from the Commission are needed to help harmonise food waste reporting across Member States and increase its quality.

Amendment  20

Proposal for a directive

Recital 15 a (new)

 

Text proposed by the Commission

Amendment

 

(15a) The pursuit of food waste reduction targets must not undermine agricultural production or the food security of the European Union. Recourse to increasing imports from third countries to compensate for decreases in domestic production should be considered unfair competition with EU producers when the reciprocity rules are not applied to products imported from third countries.

Amendment  21

 

Proposal for a directive

Recital 33

 

Text proposed by the Commission

Amendment

(33) In order for Member States to achieve the targets set out in this Directive, Member States should revise their food waste prevention programmes to include new measures, involving multiple partners from the public and private sectors, with coordinated actions tailored to address specific hotspots as well as attitudes and behaviours that lead to food waste. In the preparation of these programmes, Member States could draw inspiration from the recommendations produced by the Citizens’ Panel on Food Waste.

(33) In order for Member States to achieve the targets set out in this Directive, Member States should revise their food waste prevention programmes to include new measures, involving multiple partners from the public and private sectors, with coordinated actions tailored to address specific hotspots as well as attitudes and behaviours that lead to food waste. In the preparation of these programmes, the European Commission and the Member States should work closely together to identify and implement the most effective financial incentives to achieve the objectives set out in this Directive. Likewise, Member States could draw inspiration from the recommendations produced by the Citizens’ Panel on Food Waste and highlight the key role that consumer organisations can play with their awareness and information campaigns against food waste. In addition, the implementation of these programmes should include the exchange of good practices, education and public awareness, concrete measures to stimulate food donations, the promotion of sustainable methods of production and responsible consumption, with the aim of achieving a significant change in social and economic behaviour in order to achieve the objectives set in the combating of food waste.

Amendment  22

Proposal for a directive

Recital 33 a (new)

 

Text proposed by the Commission

Amendment

 

(33a) A crucial element of strengthening the effective implementation of waste prevention provisions would be the creation of a platform for the exchange of best practices between Member States, which would facilitate the transfer of know-how and speed up the implementation process. This heightened cooperation would help overcome the specific obstacles encountered by each Member State and foster the adoption of innovative and effective solutions.

Amendment  23

Proposal for a directive

Recital 36 a (new)

 

Text proposed by the Commission

Amendment

 

(36a) In order to facilitate the consistent interpretation of food waste data and reporting requirements by national authorities, while avoiding uneccessary administrative burden for operators in the food supply chain, the Commission should adopt guidance for the interpretation of delegated acts, following the example of the Guidance for the compilation and reporting of data on municipal waste1a or the Guidance for the compilation and reporting of data on packaging and packaging waste2b;

 

_________________

 

1a European Commission, Eurostat, Guidance for the compilation and reporting of data on packaging and packaging waste according to Decision 2005/270/EC ; (version 2023) https://ec.europa.eu/eurostat/documents/342366/351811/Guidance+on+municipal+waste+data+collection/

 

2b European Commission, Eurostat, Guidance for the compilation and reporting of data on municipal waste according to Commission Implementing Decisions 2019/1004/EC and 2019/1885/EC, and the Joint Questionnaire of Eurostat and OECD, (version 2023) https://ec.europa.eu/eurostat/documents/342366/351811/PPW+-+Guidance+for+the+compilation+and+reporting+of+data+on+packaging+and+packaging+waste.pdf/297d0cda-e5ff-41e5-855b-5d0abe425673?t=1621978014507

Amendment  24

Proposal for a directive

Article 1 – paragraph 1 – point 2

Directive 2008/98/EC

Article 3 – paragraph 4 a

 

Text proposed by the Commission

Amendment

 

4ba. 'food waste' means all food as defined in Article 2 of Regulation (EC) No 178/2002 of the European Parliament and of the Council that has become waste except for waste from agricultural production and from a production, processing or value-adding process for agricultural products, by farms or other agro-industrial companies, considered by-products within the conditions laid down in Article 5(1) of Directive 2008/98/EC; the agricultural materials referred to in Article 2(1)(f) and the animal by-products referred to in Article 2(2)(b) are also excluded

Amendment  25

 

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive 2008/98/EC

Article 9 a – paragraph 1

 

Text proposed by the Commission

Amendment

Member States shall take appropriate measures to prevent generation of food waste in primary production, in processing and manufacturing, in retail and other distribution of food, in restaurants and food services as well as in households. Those measures shall include the following:

Member States shall take and implement appropriate measures, tailored to their specific situation, to prevent generation of food waste during all steps of the agri-food supply chain, meaning the primary production, in processing and manufacturing, in retail and other distribution of food, in restaurants and food services such as schools, hospitals, etc. as well as in households. Those measures shall include but not be limited to the following:

Amendment  26

 

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive 2008/98/EC

Article 9 a – paragraph 1 – point a

 

Text proposed by the Commission

Amendment

(a) developing and supporting behavioural change interventions to reduce food waste, and information campaigns to raise awareness about food waste prevention;

(a) developing and supporting behavioural change interventions to reduce food waste, including a view to building a positive approach toward fruits and vegetables with external defects or unusual appearance but still suitable for consumption, and information campaigns to raise awareness about food waste prevention. Such actions will, inter alia, strengthen the role played by educational establishments in tackling food waste in canteens as well as in shaping the behaviour of future consumers; enable a better understanding of date marking by consumers; recognise that the role of the consumer in this food waste reduction process is vital and indispensable and make sure that professional associations and operators in the agri-food sector participate;

Amendment  27

 

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive 2008/98/EC

Article 9 a – paragraph 1 – point c

 

Text proposed by the Commission

Amendment

(c) encouraging food donation and other redistribution for human consumption, prioritising human use over animal feed and the reprocessing into non-food products;

(c) facilitating and encouraging food donation and other redistribution for human consumption, prioritising human use over animal feed and the reprocessing into non-food products. All this, for example, by providing supportive fiscal and administrative incentives to economic operators, as established in Annex IV bis, as well as by creating possibilities and incentives for businesses to ensure that expiring products are given at the best possible conditions to the organizations providing support to the people facing difficulties to afford food;

Amendment  28

 

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive 2008/98/EC

Article 9 a – paragraph 1 – point d a (new)

 

Text proposed by the Commission

Amendment

 

(da) supporting research and innovation in tackling food waste and in the field of food packaging, taking into account the key role that packaging plays in preventing waste in the food value chain, and in ensuring food safety and quality while reducing the overall environmental impact and optimizing packaging systems;

Amendment  29

 

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive 2008/98/EC

Article 9 a – paragraph 1 – point d b (new)

 

Text proposed by the Commission

Amendment

 

(db) fostering innovation, exchanges and cooperation between all actors and stakeholders along the food supply chain to identify tools to achieve a better balance between production and demand.

Amendment  30

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive 2008/98/EC

Article 9 a – paragraph 1 – subparagraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

Member States shall ensure the involvement of stakeholders, the private sector and consumer organisations in order to develop tailor-made programmes based on food waste prevention needs. Particular attention should also be paid to the development and implementation of effective consumer education programmes, with a particular focus on raising awareness among young people through training modules in primary and secondary education.

Amendment  31

 

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive 2008/98/EC

Article 9 a – paragraph 3

 

Text proposed by the Commission

Amendment

3. The Commission is empowered to adopt delegated acts in accordance with Article 38a to supplement this Directive as regards laying down a common methodology and minimum quality requirements for the uniform measurement of food waste levels.

3. The Commission is empowered to adopt delegated acts in accordance with Article 38a to supplement this Directive as regards laying down a common methodology and minimum quality requirements for the uniform measurement of food waste levels. The Commission shall facilitate the exchange of best practices between Member States so as to promote mutual learning and the constant improvement of food waste measurement and reporting processes. When developing these delegated acts, the Commission should take into account scientific or other available technical information, including relevant international standards, such as the Food Loss and Waste Accounting and Reporting Standard of the World Resources Institute, and input from all relevant stakeholders.

Amendment  32

 

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive 2008/98/EC

Article 9 a – paragraph 3 – subparagraph (new)

 

Text proposed by the Commission

Amendment

 

The Commission shall facilitate the harmonised measurement and monitoring of food waste by issuing relevant and practical guidelines to assist actors in the supply chain as well as Member State authorities in the systematic interpretation of food waste data and of reporting requirements.

Amendment  33

 

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive 2008/98/EC

Article 9 a – paragraph 4 – point a

 

Text proposed by the Commission

Amendment

(a) reduce the generation of food waste in processing and manufacturing by 10 % in comparison to the amount generated in 2020;

(a) reduce the generation of food waste in processing and manufacturing by 10 % per tonne of food produced per Member States in comparison to the average generated in the period 2020-2022;

Amendment  34

 

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive 2008/98/EC

Article 9 a – paragraph 4 – point b

 

Text proposed by the Commission

Amendment

(b) reduce the generation of food waste per capita, jointly in retail and other distribution of food, in restaurants and food services and in households, by 30 % in comparison to the amount generated in 2020.

(b) reduce the generation of food waste per capita, jointly in retail and other distribution of food, in restaurants and food services and in households, by 30% in comparison to the amount generated on average in the period 2020-2022 in retail and other distribution of food, in restaurants and food services, and in households. In establishing measures to achieve this common target, Member States shall take into account the different levels of food waste production generated by the different categories in these steps of the chain (i.e. retail and other distribution of food, in restaurants and food services and in households).

Amendment  35

 

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive 2008/98/EC

Article 9 a – paragraph 5

 

Text proposed by the Commission

Amendment

5. Where a Member State can provide data for a reference year prior to 2020, which have been collected using methods comparable to the methodology and minimum quality requirements for the uniform measurement of levels of food waste as set out in the Commission Delegated Decision (EU) 2019/1597, an earlier reference year may be used. The Member State shall notify the Commission and the other Member States of its intention to use an earlier reference year within 18 months of the entry into force of this Directive and shall provide the Commission with the data and measurement methods used to collect them.

5. Where a Member State can provide data for a reference year prior to 2020, which have been collected using methods comparable to the methodology and minimum quality requirements for the uniform measurement of levels of food waste as set out in the Commission Delegated Decision (EU) 2019/1597, an earlier reference year may be used. The Member State shall notify the Commission and the other Member States of its intention to use an earlier reference year within 12 months of the entry into force of this Directive and shall provide the Commission with the data and measurement methods used to collect them.

Amendment  36

 

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive 2008/98/EC

Article 9 a – paragraph 6

 

Text proposed by the Commission

Amendment

6. When the Commission considers that the data do not comply with the conditions set out in paragraph 5, it shall, within 6 months of the receipt of a notification made in accordance with paragraph 5, adopt a decision requesting the Member State to either use 2020 or a year other than that proposed by the Member State as reference year.

6. When the Commission considers that the data do not comply with the conditions set out in paragraph 5, it shall, within 6 months of the receipt of a notification made in accordance with paragraph 5, adopt a decision requesting the Member State to either use the average of 2020-2022 or a year other than that proposed by the Member State as reference year.

 

Amendment  37

Proposal for a directive

Article 1 – paragraph 1 – point 9

Directive 2008/98/EC

Article 29a – paragraph 1 – point 1 a (new)

 

Text proposed by the Commission

Amendment

 

1a. When adapting their food waste prevention programmes, Member States shall ensure the involvement of local and regional stakeholders, the private sector and civil society, with the aim of developing tailor-made and needs-based food waste prevention programmes, capable of addressing localised food waste hotspots, together with specific attitudes and behaviours that contribute to food waste, particularly at household level.

 


 

 

ANNEX: ENTITIES OR PERSONS
FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

The rapporteur has received input from the following entities or persons in the preparation of the opinion, until the adoption thereof in committee:

Entity and/or person

Copa-Cogeca

FoodDrinkEurope

Mercadona

To Good To Go

 

The list above is drawn up under the exclusive responsibility of the rapporteur.

 

 

 

 


PROCEDURE – COMMITTEE ASKED FOR OPINION

Title

Amending Directive 2008/98/EC on waste

References

COM(2023)0420 – C9-0233/2023 – 2023/0234(COD)

Committee responsible

 Date announced in plenary

ENVI

2.10.2023

 

 

 

Opinion by

 Date announced in plenary

AGRI

2.10.2023

Rapporteur for the opinion

 Date appointed

Clara Aguilera

12.9.2023

Discussed in committee

25.10.2023

28.11.2023