Changes from report parliamentary committee draft to report parliamentary committee draft

RemovedRecital 1: 1. The European Green Deal and the Circular Economy Action Plan 69 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 respectively 70 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 preparing for re-use and recycling. These challenges require systemic solutions with a lifecycle approach.

AddedSHORT JUSTIFICATION

RemovedRecital 1 a (new): 1a. Illegal dumping sites and illegal landfills are still causing environmental harm in the Union across different Member States, including causing cross-border issues. Member States should therefore commit to eliminating all illegal landfills within the Union, using all means available.

AddedThe Council position at first reading reflects the agreement reached between Parliament and the Council in interinstitutional negotiations at early second-reading stage.

RemovedRecital 1 b (new): 1b. The gradual reduction of residual municipal wasteis still possible within municipal waste collection and management systems and waste prevention programmes.

RemovedRecital 9: 9. In order to achieve results in the short to 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 2035, should be set, to allow for improved data gathering and comparability.

RemovedRecital 13: 13. Demographic changes have a significant impact on the amount of food consumed and food waste generated. Therefore, a joint food waste reduction target, applying to retail and other distribution of food, restaurants and food services and households, should be expressed as a percentage change in food waste levels per capita in order to take into account population changes, whilst also considering tourist season peaks, as well as influxes in refugees and migrants, as each additional person residing in an area naturally generates additional food waste.

RemovedRecital 16 a: 16a. In order to eliminate all illegal landfill sites in the Union, as well as to prevent any additional illegal landfill sites from appearing in the future, it is necessary to take drastic additional measures across all Member States, including enabling better monitoring, empowering the relevant competent authorities, ensuring better traceability through registers, as well as other measures, in an overhaul of waste management and waste prevention policies.

RemovedRecital 18 a (new): 18a. Separate collection points for textiles are necessary to help accelerate the sorting processes, which will in any event be necessary to carry out. In this respect, it is vital that used textile products, which are not waste, in particular are not regarded as waste, with a view to encouraging re-use of suitable textile products.

RemovedRecital 34 a (new): 34a. Technological advances and creative innovation should be thoroughly supported in the field of waste prevention and waste management pertaining to all waste types.

RemovedRecital 34 b (new): 34b. Furthermore, it is vital that Member States, in their food waste reduction programmes, pay particular attention to food wastage, especially when it is due to mismanagement, and to establishments with the most obvious capacity for changing how they deal with this.

RemovedRecital 35 a (new): 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.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 2, Article 3 – paragraph 4a a (new): ‘4aa. ‘food wastage’ means food that has been prepared for consumption, but which has instead been discarded and as a result become waste;’

RemovedThe definition of “food waste”, as in Article 3 paragraph (4a) of the current Waste Framework Directive reads as “all food as defined in Article 2 of Regulation (EC) no 178/2002 * that has become waste”.

RemovedWhen addressing the overarching issue of food waste reduction, it is pertinent to maintain an understanding that food which could have been eaten, but as a result of suboptimal management, has been discarded, should be defined separately as “food wastage”, as opposed to the more broadly encompassing “food waste” definition currently in place.

RemovedTherefore, there is a more practical distinction between “bio-waste”, “food waste”, and “food wastage” with these amendments.

RemovedIt intentionally does not specify whether the food has already become in contact with the customer or not.

Removed* Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 2, Article 3 – paragraph 4a b (new): ‘4ab. ‘textile products’ means textile, textile-related and footwear products listed in Annex IVc;’

RemovedThe long formulation “textile, textile-related and footwear products listed in Annex IVc” is used throughout the text, however, in some parts is slightly different.

RemovedThe definition of “textile products” has been added to Article 3 as to add clarity throughout the legislation, which includes, in the context of this proposal, the textile, textile-related and footwear products listed in the new Annex IVc.

RemovedIt reads much clearer as simply “textile products”, and having this properly defined and thoroughly elaborated in the list in Annex IVc. The text does not separately address textile products which do not fall under this definition, and as such, in this way, the change makes it more all-encompassing.

RemovedThis change has been horizontally applied throughout the Draft Report.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 2, Article 3 – paragraph 4a c (new): 4ac. ‘used textile products’ means textile products which are suitable for re-use either directly or after cleaning or repair, and which the holder does not dispose of as waste;

RemovedIn Annex IVc, “worn clothing and other worn articles” with CN code 6309 is included.

RemovedHowever, ‘used textile products’ appears and is relevant in the Commission proposal, yet has not been defined. This definition allows and encourages the re-use of textile products where it is possible, appropriate, and desirable as a clear distinction from those which have been worn and used, and may not be appropriate for re-use.

RemovedIt is imperative that used textile products that are re-used are not classified as waste as this is counter-factual and inhibits the encouragement of re-using textile products that are appropriate, desirable, well-preserved, and so on.

RemovedFor comparison, CN 6309 in full is “worn clothing and clothing accessories, blankets and travelling rugs, household linen and articles for interior furnishing, of all types of textile materials, incl. all types of footwear and headgear, showing signs of appreciable wear and presented in bulk or in bales, sacks or similar packings (excl. carpets, other floor coverings and tapestries).

RemovedFurthermore, this distinction helps the implementation of waste hierarchy of Art. 4 of the Waste Framework Directive.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 2, Article 3 – paragraph 4b: ‘4b. ‘producer of textile products’ means any manufacturer, importer or distributor or other natural or legal person, excluding those that supply used textile products and textile products derived from such used or waste textile products or their parts on the market, enterprises which employ fewer than 10 persons and whose annual turnover and balance sheet total does not exceed EUR 2 million and self-employed tailors producing customised products, who, irrespective of the selling technique used, including by means of distance contracts as defined in Article 2(7) of Directive 2011/83/EU of the European Parliament and of the Council*, either: / (a) are established in a Member State and manufactures textile products under their own name or trademark, or have them designed or manufactured and supply them for the first time under their own name or trademark within the territory of that Member State; / (b) are established in a Member State and resell within the territory of that Member State, under their own name or trademark, textile products manufactured by other producers referred to in point (a), on which the name, brand or trademark of the manufacturer does not appear; / (c) are established in a Member State and supply for the first time in that Member State on a professional basis, textile products from another Member State or from a third country; or / (d) sell textile products by means of distance communication directly to end-users, including private households or other th…

RemovedIn Annex IVc, “worn clothing and other worn articles” with CN code 6309 is included.

RemovedHowever, ‘used textile products’ appears and is relevant in the Commission proposal, yet has not been defined. This definition allows and encourages the re-use of textile products where it is possible, appropriate, and desirable as a clear distinction from those which have been worn and used, and may not be appropriate for re-use.

RemovedIt is imperative that used textile products that are re-used are not classified as waste as this is counter-factual and inhibits the encouragement of re-using textile products that are appropriate, desirable, well-preserved, and so on.

RemovedFor comparison, CN 6309 in full is “worn clothing and clothing accessories, blankets and travelling rugs, household linen and articles for interior furnishing, of all types of textile materials, incl. all types of footwear and headgear, showing signs of appreciable wear and presented in bulk or in bales, sacks or similar packings (excl. carpets, other floor coverings and tapestries).

RemovedFurthermore, this distinction helps the implementation of waste hierarchy of Art. 4 of the Waste Framework Directive.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 2, Article 3 – paragraph 4b a (new): 4ba. ‘micro, small and medium producer of textile products’ means any natural or legal person, that supplies used textile products and textile products derived from such used or waste textile products or their parts on the market, an enterprise which employs fewer than 10 persons and whose annual turnover and balance sheet total does not exceed EUR 2 million, or a self-employed tailor producing customised products, 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 Council*, which: / (a) is established in a Member State and manufactures textile products under its own name or trademark, or has them designed or manufactured and supplies them for the first time under its own name or trademark within the territory of that Member State; / (b) is established in a Member State and resells within the territory of that Member State, under its own name or trademark, textile products manufactured by other producers referred to in point (a), on which the name, brand or trademark of the manufacturer does not appear; / (c) is established in a Member State and supplies for the first time in that Member State, on a professional basis, textile products from another Member State or from a third country; or / (d) sells textile products by means of distance communication directly to end-users, including private households or households other than private households,…

RemovedOn top of horizontal change of “textile products”, adding definition of micro, small and medium producers of textiles, which make up for 88% of textile companies, but only 11% of the sectors revenues. Distinction could be helpful to ensure their fair treatment and separate requirements from the largest corporations.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 2, Article 3 – paragraph 4f a (new): 4fa. ‘Separate collection point’ means a stationary place that is dedicated to the separate collection of waste, including textile waste, and is equipped with appropriate facilities;’

RemovedNecessary addition of this new definition of ‘separate collection point’ as it is a term relevant for the functionality of Articles 22a-22d, and for providing clarity for Member States and companies.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 2, Article 3 – paragraph 4f b (new): 4fb. ‘unsold textile products’ means any textile product that has not been sold or that has been returned by a consumer in view of their right of withdrawal in accordance with Article 9 of Directive (EU) 2011/83/EU or, where applicable, in view of the commercial guarantee for withdrawal provided by the retailer regarding the product concerned;

RemovedNecessary addition of this new definition of ‘unsold textile products’ as it is a term relevant for the functionality of Articles 22a-22d, and for providing clarity for Member States and companies.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 2, Article 3 – paragraph 4f c (new): 4fc. ‘destruction of textile products’ means the intentional damaging or discarding of a textile product as waste with the exception of products discarded only for the purpose of being prepared for re-use;

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 2 a (new), Article 3 – paragraph 1 – point 7: (2a) in Article 3, points 7 to 9 are replaced by the following: / ‘7. ‘dealer’ means any undertaking which acts in the role of principal to purchase and subsequently sell waste, including such dealers who do not take physical possession of the waste;. dealers shall be registered in the new register as laid down in Article 26a, shall have a valid permit as laid down in Article 23, and shall demonstrate compliance with all relevant local, national and Union laws;

RemovedThe role of brokers and dealers must significantly change in the future of waste management policy if the EU is to achieve eliminating all illegal landfills within its Member States’ territories.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 2 a (new), Article 3 – paragraph 1 – point 8: 8. ‘broker’ means any undertaking arranging the recovery or disposal of waste on behalf of others, including such brokers who do not take physical possession of the wastebrokers shall be registered in the new register as laid down in Article 26a, shall have a valid permit as laid down in Article 23, and shall demonstrate compliance with all relevant local, national and Union laws;

RemovedMirroring additions to Art. 3 point (8) definition of ‘dealer’.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 2 a (new), Article 3 – paragraph 1 – point 9: 9. ‘waste management’ means the collection, transport, recovery (including sorting), and disposal of waste, including the supervision of such operations and the after-care of disposal sites and including actions taken as a dealer or broker who has demonstrated to have met all the relevant requirements;’

RemovedChanging drastically the roles of dealers and brokers in waste management includes horizontal changes to the parts of the Waste Framework Directive which include the role of dealers and brokers to ensure no loopholes remain.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 2 b (new), Article 3 – paragraph 1 – point 9 a (new): (2b) in Article 3, the following points are inserted: / ‘9a. ‘landfill’ means a waste disposal site as defined in Article 2 point (g) of the Council Directive 1999/31/EC;’

RemovedThe definition of ‘landfill’ should be added to the Waste Framework Directive but remain unchanged from the Landfill Directive, which reads that it means “a waste disposal site for the deposit of the waste onto or into land (i.e. underground), including:

Removed— internal waste disposal sites (i.e. landfill where a producer of waste is carrying out its own waste disposal at the place of production), and

Removed— a permanent site (i.e. more than one year) which is used for temporary storage of waste,

Removedbut excluding:

Removed— facilities where waste is unloaded in order to permit its preparation for further transport for recovery, treatment or dispsal elsewhere, and

Removed— stoarage of waste prior to recovery or treatment for a period less than three years as a general rule, or

Removed— storage of waste prior to disposal for a period less than one year;”,

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 2 b (new), Article 3 – paragraph 1 – point 9 b (new): ‘9b. ‘illegal landfill’ means a landfill which: / – does not comply with relevant local, national or Union laws; / – has not attained the relevant permit, as laid down in Article 23 of this Directive; / – has not attained the relevant permit, as laid down in Articles 7, 8, 9 and 11 of the Council Directive 1999/31/EC; and / – is not registered in the new Union landfill register as laid down in Article 23a of this Directive;

RemovedThe definition of ‘illegal landfill’, building on the existing definition of ‘landfill’, which has not been altered intentionally.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 2 c (new), Article 6 – paragraph 2 – subparagraph 1 a (new): (2c) In Article 6(2), the following subparagraph is inserted after subparagraph 1: / Where appropriate, the Commission shall adopt implementing acts in order to establish detailed Union-wide criteria on the uniform application of the conditions laid down in paragraph 1 to textile waste, which would be applicable only for the producers of textile products. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).

RemovedArt, 6 par. 2, the implementing act mentioned is still in process of being made (provision was added with revision in 2018). Defining textile end-of-waste status is quite important.

RemovedArticle 1 – paragraph 1 – point 3: (3) in Article 9, paragraph 1, points (g) and (h), and paragraphs 5 and 6 are deleted.

RemovedThe Commission intended to delete the following paragraphs of Member States requirements for waste prevention:

Removed(g) reduce the 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 as a contribution to the United Nations Sustainable Development Goal to reduce by 50 % the per capita global food waste at the retail and consumer levels and to reduce food losses along production and supply chains by 2030;

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

Removedas well as these:

Removed5. Member States shall monitor and assess the implementation of their food waste prevention measures by measuring the levels of food waste on the basis of the methodology established by the delegated act referred to in paragraph 8, as from the first full calendar year after the adoption of that delegated act.

Removed6. By 31 December 2023, the Commission shall examine the data on food waste provided by Member States in accordance with Article 37(3) with a view to considering the feasibility of establishing a Union-wide food waste reduction target to be met by 2030 on the basis of the data reported by Member States in accordance with the common methodology established pursuant to paragraph 8 of this Article. To that end, the Commission shall submit a report to the European Parliament and to the Council, accompanied, if appropriate, by a legislative proposal.

Removed8. By 31 March 2019, the Commission shall adopt, on the basis of the outcome of the work of the EU Platform on Food Losses and Food Waste, a delegated act in accordance with Article 38a to supplement this Directive by establishing a common methodology and minimum quality requirements for the uniform measurement of levels of food waste.

RemovedEnsuring that par. 8 remains is for clarity regarding the continuity of the use of this delegated act, up until its review and update, as prescribed in this Draft Report.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 4, Article 9a – paragraph 1 – subparagraph 1 – point d a (new): (da) where appropriate, encouraging the use of technological solutions and user-friendly tools, such as phone applications which notify users of available food which has an expiry date approaching, thereby promoting consumption before expiry dates.

RemovedCreative and innovative solutions should be encouraged. Examples such as this exist in practise already in some EU cities.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 4, Article 9a – paragraph 1 – subparagraph 2 a (new): ‘With a view to implementing the provisions in the second subparagraph, Member States shall ensure that particular attention is paid to food services with buffet-style catering services, large retail corporations, food distributors, and large corporate restaurant chains. Member States shall prioritise, as appropriate, entities where client behaviour is more predictable, and where minimising food excesses is feasible with improved preparation. Accordingly, Member States shall not be disproportionately encumbered administratively and financially by the requirements laid down in this Article and shall proportionate degrees of flexibility.’

RemovedSecond subparagraph reads: “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.”

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 4, Article 9a – paragraph 1 a (new): ‘1a. Member States shall specify categories of luxurious yachts, cruises, private planes, casinos, hotels, and other luxury establishments with food services, to which it shall apply stricter provisions, on the prevention of food waste generation and food waste reduction, in particular regarding food wastage, inspections and penalties.’

RemovedLuxury establishments disproportionately cause more food waste, whilst having feasible capacities to address this.

RemovedIn pursuit of ensuring that all relevant actors in the supply chain are involved proportionately to their capacity and role, this amendment should put some focus on those establishments with more obvious capacity for change.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 4, Article 9a – paragraph 2: 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 Article 9 (8) and Article 38a.

RemovedA reference to Article 9 paragraph 8 of the Directive would be more appropriate, since the Commission's delegated act refers precisely to this drafting unit.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 4, Article 9 a – paragraph 3: deleted

RemovedThe unit seems to be unnecessary, the delegation in the paragraph 3 has been fulfilled by issuing a delegated act in the form of Commission Decision: 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, 27.09.2019, p. 77).

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 4, Article 9a – paragraph 3 a (new): ‘3a. The Commission shall, without undue delay and no later than 31 December 2024, review Delegated Decision (EU) 2019/1597 and adopt a delegated act in accordance with Article 38a to revise that Commission Delegated Decision. / The revised delegated act shall be preceded by close consultation with Member States, and shall ensure that there is sufficient harmonisation between Member States to enable adequate monitoring and comparability, whilst at the same time, ensuring sufficient flexibility for Member States to adjust to their specific circumstances.’

RemovedThe delegated act* that was adopted needs to be updated though.

Removed* 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, 27.09.2019, p. 77).

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 4, Article 9a – paragraph 4 – introductory paragraph: 4. Member States shall take the necessary and appropriate measures to achieve, by 31 December 2035, the following food waste reduction targets at national level:

RemovedA 10-year target makes more sense.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 4, Article 9a – paragraph 4 – point a: (a) reduce the generation of food waste in processing and manufacturing by 10 % in comparison to the amount generated in 2025;

RemovedHaving 2020 as a base year is not appropriate, as it was the first year of the pandemic, during which several perturbations occurred, including the wide closure of restaurants and food services, and as such, the situation in 2020 does not reflect the status quo.

RemovedFurthermore, the methodology as in the current delegated act*

Removed* 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, 27.09.2019, p. 77).

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 4, Article 9a – paragraph 4 – point b: (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 2025.

RemovedAs above.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 4, Article 9a – paragraph 4 – subparagraph 2 a (new): Paragraph 4, point (a), shall not apply to primary producers which are processing or manufacturing food products and beverages on their farms and whose farming is their main activity.

RemovedThis amendment is to make sure that farmers, especially farmers processing products on farm (e.g. apple juice etc. from own apples), will not fall under the processing and manufacturing provisions in Article 9a for an activity that is not their predominant one.

RemovedFarmers have weakest role in supply chain in terms of negotiating positions, where there are short term contracts with processors and manufacturers as well as retailers, who often have the possibility to make last-second cancellations and changes change their minds, with little possibility for farmers to make demands. As such, it is more appropriate to keep the targets of Article 9a paragraph 4 focused as is in the Commission proposal.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 4, Article 9a – paragraph 5 a (new): 5a. Member States may take into consideration the possibility to encourage the use of bio-waste to generate biofuels, biogas, and alternative fuels. Where Member States use bio-waste to generate biofuels, biogas, and alternative fuels in pursuit of food waste generation prevention and food waste reduction, they shall apply the waste hierarchy principle as laid down in Article 4.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 4, Article 9a – paragraph 6 a (new): 6a. Each Member State shall ensure that all residents residing on its territory are taken into account for the purpose of determining the achievement of the reduction targets set out in paragraph 4, points (a) and (b). .

RemovedThe provision is intended to ensure that food waste generated also by refugees, seasonal workers, etc. staying in the Member State is taken into account. According to the Office for Foreigners of Poland, more than one year after the Russian aggression against Ukraine, almost 1 million Ukrainian citizens, mostly women and children, are currently enjoying temporary protection in Poland.

RemovedIn contrast, a total of 1.4 million people have valid residence permits in Poland. Such a stream of citizens is significant in calculations of the amount of waste generated in various sectors, and thus in the efforts to achieve the imposed targets for reduction, recovery and recycling.

RemovedAlso in reporting and monitoring, seasonal of tourists, etc.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 4, Article 9a – paragraph 7: 7. By 31 December 2030, the Commission shall examine the data on food waste provided by Member States in accordance with Article 37(3) with a view to considering the feasibility of establishing a Union-wide food waste reduction target to be met by 2035 on the basis of the data reported by Member States in accordance with the common methodology referred to in paragraph 2 of this Article. To that end, the Commission shall submit a report to the European Parliament and to the Council, accompanied, if appropriate, by a legislative proposal.’;

RemovedThe year 2030 is proposed consistently with earlier changes. Setting further targets to be achieved after 2035 should be preceded by a full analysis of the data provided by the Member States to ensure reliability, comparability of data as well as repeatability of the methodology of their acquisition and processing.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 5, Article 11 – paragraph 1: 'Subject to Article 10(2) and (3), Member States shall set up separate collection at least for paper, metal, plastic, glass, and textiles.';

RemovedArticle 11 paragraph 1 third sentence reads: “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.”

RemovedWhilst the Commission removes the part which reads “and, by 1 January 2025, for textiles.” this part is reflected in the new additions of the Commission proposal in Article 22d paragraph 1, and so there is no need to delete this provision.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 5 a (new), Article 11 – paragraph 7 – subparagraph 1: (5a) in Article 11, paragraph 7 is replaced by the following: / ‘7. By 31 December 2025, the Commission shall review the target laid down in point (e) of paragraph 2. To that end, the Commission shall submit a report to the European Parliament and to the Council, accompanied, if appropriate, by a legislative proposal.’

Removed31 December 2028 is far too late, and bringing the deadline forward to 31 December 2025 is far more reasonable.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 5 a (new), Article 11 – paragraph 7 – subparagraph 2: By 31 December 2025, the Commission shall publish a thorough analysis of co-processing technology that allows the incorporation of minerals in the co-incineration process of municipal waste, and shall, without undue delay, indicate the reliable methodology which incorporates how such minerals may be counted towards recycling targets.

RemovedThe advancements in technologies to allow the recycling of such minerals are progressing, are incredibly important for the environment.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 5 b (new), Article 11 – paragraph 7 a (new): (5b) in Article 11, the following paragraph is added: / ‘7a. By 31 December 2025, the Commission shall analyse technologies for producing alternative fuels, including from waste. Based on this analysis, the Commission shall, where appropriate, adopt a legislative proposal to change the definition of recycling to include the production of fuel products from materials, including waste.’

RemovedThe proposed change is intended to enable recycling of the mass of products in the form of produced fuels (e.g. hydrogen fuels), which were produced using, among others, waste materials. Currently, this is necessary to ensure energy security, implement circular energy and reduce waste storage. A change in the approach to the use of waste in fuel production should support the development of innovative technologies and may constitute an incentive for the development of the alternative fuel market, which will allow for a reduction in the use of primary raw materials.

Removed15 years have passed since the definition of recycling was introduced in 2008, which excluded energy recovery and reprocessing into materials to be used as fuels, and given the emerging challenges that differ from those in 2008, it seems advisable to revise approach to the substitutability of primary raw materials also in the fuel field.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 5 c (new), Article 11a – paragraph 6: (5c) in Article 11a, paragraph 6 is replaced by the following : / ‘6. For the purposes of calculating whether the targets laid down in points (c), (d) and (e) of Article 11(2) and in Article 11(3) have been attained, Member States may take into account the recycling of: / (a) metals separated after incineration of municipal waste provided that the recycled metals meet certain quality criteria laid down in the implementing act adopted pursuant to paragraph 9 of this Article; / (b) minerals generated in the process of co-incineration of municipal waste in accordance with the methodology referred to in Article 11(7), second subparagraph.’

RemovedThe cement industry contributes both to saving natural resources and improving the quality of the environment, including: by reducing the amount of waste deposited in landfills. Currently, this industry consists of modern plants equipped with the latest solutions. This makes cement plants energy efficient and able to meet strict environmental standards. One of the pillars of the industrial sector is the idea of a circular economy, which in particular translates into the important role of cement plants in the waste management system.

RemovedThe proposed changes are intended to enable higher levels of recycling to be achieved by including cement produced as part of the production of building materials.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 6, Article 11 b – paragraph 1: ‘1. The Commission shall, in cooperation with the European Environment Agency, draw up reports on the progress towards the attainment of the targets laid down in Article 9a(4), Article 11(2), points (c), (d), and (e), and Article 11 (3) at the latest by 31 December 2024, and updated at the latest three years before each deadline laid down therein.’;

RemovedArticle 9a(4) is the new food waste reduction target.

RemovedArticle 11(2) points (c), (d), and (e) are the targets for preparing for re-use and the recycling of municipal waste by weight i.e. 55% by 2025, 60% by 2030, and 65% by 2035.

RemovedArticle 11(3) gives Member State option to postpone these targets by 5 years under certain circumstances.

RemovedWe need this information in those reports much sooner.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 6 a (new), Article 12 a (new): (6a) the following Article 12a is inserted: / ‘Article 12a / Elimination of illegal landfills and illegal dumping in the Union / 1. Member States shall take all necessary measures to eliminate all existing illegal landfills in the Union no later than ....[x months following the entry into force of this amending Directive]. / 2. The measures referred to in paragraph 1 shall include, but are not limited to: / (a) ensuring that each entity dealing with waste has the relevant permits as laid down in Article 23 of this Directive, including all additional requirements; / (b) ensuring that each existing and legal landfill site has the relevant permits as laid down in Articles 7, 8, 9 and 11 of the Council Directive 1999/31/EC on the landfill of waste; / (c) ensuring that each entity dealing with waste is registered in Member States’ relevant registers, including the new registers for brokers and dealers as provided for in Article 26a of this Directive; / (d) ensuring that reporting illegal landfills to local authorities and relevant national authorities’ environmental protection inspectorates is straightforward and accessible. / Member States shall take the necessary measures to ensure that special attention is paid to detecting and addressing hazardous waste in illegal landfill sites. / 3. Member States shall take all necessary measures, [x months following the entry into force of this amending Directive], and with immediate effect, to prevent any new illegal landfills appear in th…

RemovedWith the new proposed definition of illegal landfills, more elaborated provisions on achieving the objective. Many Member States have paid substantive fines to the Commission for not handling illegal landfills sufficiently, yet support from the Commission to Member States for addressing this issue is insufficient.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 6 b (new), Article 15 – paragraph 4 a (new): (6b) in Article 15, the following paragraphs are added: / ‘4a. Member States shall take the necessary measures to ensure that any backfilling, i.e. any recovery process in which relevant non-hazardous waste is used to remediate areas where excavations have been carried out, is subject to video monitoring and groundwater quality monitoring, in accordance with the principles set out in Annex III to Council Directive 1999/31/EC. Those measures shall ensure the use of waste is approved only for the intended use, thereby guaranteeing the safety of human health and life as well as the environment.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 6 b (new), Article 15 – paragraph 4 b (new): 4b. Member States shall apply a deposit system for those who place hazardous substances on the market, according to which the deposit is refunded upon confirmation of the correct management of waste by way of packaging of hazardous substances and residues of these substances.’

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 6 c (new), Article 15 a (new): (6c) the following Article 15a is inserted: / ‘Article 15a / Improving municipal waste collection systems / 1. Member States shall, where appropriate, endeavour to continuously improve municipal waste collection systems, with particular attention paid to cities. / 2. Member States shall be encouraged, where they have not done so already, to update municipal waste collection systems to suitable alternatives, such as municipal waste container systems, where those collection systems pose health risks to the cities concerned, especially those which involve requiring households and buildings to leave waste bags on the streets before being collected . / 3. As regards the reviews referred to in Article 30, Member States shall demonstrate progress towards implementing the objective laid down in paragraph 2 of this Article. / 4. Member States shall, where appropriate, take necessary measures to reduce littering in cities, including by making more waste collection points available, and to increase information campaigns, as laid down in this Directive.’

RemovedNo more trash in the streets in cities. A clear example is Brussels, where the bags of rubbish being left outside on the streets for the collectors are in many instances a health risk, including exacerbating infestations, emitting toxic fumes, and so on.

RemovedProviding containers, as is in the case of many cities, such as Warsaw, is a policy which is implementable, and it is long overdue that it is applied throughout the Union in those situations in which it is feasible and practical to do so.

RemovedDifferent scenarios may be appropriate in more rural or less densely populated areas.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 6 d (new), Article 17 – paragraph 1 a (new): (6d) in Article 17, the following paragraph is added: / ‘Member States shall take the necessary measures to impose an obligation on the producer of hazardous waste to mark or label that waste in a way that makes it possible to determine the identity of the producer of the waste, and consequently, to ensure producer’s liability in the event of abandonment of that waste. Responsibility and liability for the management of the waste shall lie with the waste producer until the waste is transferred to the final destination.’

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22a – paragraph 1: 1. Member States shall ensure that producers have extended producer responsibility for textile 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.

RemovedThere is inconsistency in the Commission text, which must be clarified. EPR now applies to all textile products, and these are listed in Annex IVc.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22a – paragraph 2: 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*. Those delegated acts shall not expand the scope of Annex IVc, unless there is a distinct and urgent necessity to do so, in which case its adoption shall be preceded by an impact assessment with sufficient empirical evidence to support its reasoning and consultation of Member States.

RemovedImplementing an EPR by Member States is a substantial undertaking. Whilst giving the Commission the empowerment to amend Annex IVc, it cannot be done without consultation of Member States and without necessity. It is unlikely that the list on Annex IVc will change frequently.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22a – paragraph 4 – introductory paragraph: 4. Member States shall ensure that the producers of textile products cover the costs of the following:

RemovedHorizontal change.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22a – paragraph 4 – point a: (a) collection of used and waste textile products and subsequent waste management that entails the following:

RemovedHorizontal change.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22a – paragraph 4 – point a – point 1: (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,

RemovedIn the Waste Framework Directive, the terms 'preparing for re-use', 'recycling' and 'treatment' are defined and refer to waste, not products, which are used textiles and footwear as opposed to waste textiles and footwear.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22a – paragraph 4 – point a – point 2: (2) transport of collected loads referred to in point (1) for subsequent sorting for re-use in the case of used textile products, and for preparing for recycling operations in the case of waste textile products in accordance with Article 22d,

RemovedDifferentiation of re-use of used textile products, which are not waste, from waste textiles.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22a – paragraph 4 – point a – point 3: (3) sorting, preparing for re-use, recycling and other recovery operations and disposal of collected loads referred to in point (1),

RemovedHorizontal technical correction.

Removed.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22a – paragraph 4 – point b: deleted

RemovedThis method of calculating collection target is not reliable just yet. The change is related to the change in Art. 22c (8).

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22a – paragraph 4 – point c: (c) providing information on sustainable consumption, waste prevention, including re-use, preparing for re-use, recycling, other recovery and disposal of textile products and waste textile products respectively in accordance with Article 22c(13)(14) and (17);

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22a – paragraph 4 – point e a (new): (ea) allocating a percentage, decided by Member States, of the EPR fees to a fund for reuse and repair operations.

RemovedTaking the reuse fund as a good practice example, Member States may choose to allocate a sufficient amount of EPR fees to repair and reuse operations to make them more attractive for consumers, more profitable for businesses and create local jobs.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22a – paragraph 5: 5. Member States shall ensure that producers of textile products cover the costs referred to in paragraph 4 of this Article in relation to the used and waste textile products deposited at the separate 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.

RemovedHorizontal change, as well as the indication of the deadline was removed because it duplicated the provision in Article 22a (8).

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22a – paragraph 6: 6. In accordance with Article 8, 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.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22 a – paragraph 7 – introductory part: 7. For the purpose of compliance with Article 30, paragraph 1, points (d) and (e), of Regulation (EU) 2022/2065, Member States shall ensure that providers of online platforms, falling within the scope of Chapter 3, Section 4 of that regulation, allowing consumers to conclude distance contracts with producers offering textile products to consumers located in the Union obtain the following information from producers;

RemovedHorizontal change.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22a – paragraph 7 – point b: (b) a self-certification by the producer committing itself to only offering textile products with regard to which the extended producer responsibility requirements referred to in paragraphs 1 and 4 of this Article and Article 22c(1) are complied with in the Member State where the consumer is located.

RemovedHorizontal change.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22a – paragraph 8: 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 six months after the entry into force of this amending Directive] in accordance with Articles 8, 8a, 22a to 22d.

RemovedMember states should be given sufficient time to implement the directive's provisions. In addition, the change is related to the postponement of the transposition deadline.

RemovedThirty months after entry into force would be around 2027 (if Directive adopted by mid-2024), enabling cohesion with the timeframe of necessary implementing acts.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22b – title: Textile producer register

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 –paragraph 1 – point 7, Article 22b – paragraph 1 – subparagraph 1: Member States shall establish a register of producers of textile products to monitor compliance of those producers with Article 22a and 22c(1).

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22b – paragraph 1 – subparagraph 2 a (new): Member States shall inform the other Member States about the link to the national register within 30 days of the launch of that register.

RemovedA mechanism should be introduced for the transmission of information on links to national registers between Member States. The establishment of such a mechanism is necessary in order for Member States to fulfil this obligation.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22b – paragraph 2: 2. Member States shall ensure that producers are required to register in the register referred to in paragraph 1. To that end, Member States shall require the producers to submit an application for registration in each Member State where they make textile products available on the market for the first time.

RemovedHorizontal change.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22b – paragraph 3: 3. Member States shall only allow producers to make available on the market for the first time within their territory textile products where they or, in the case of authorisation, their authorised representatives for the extended producer responsibility, are registered in that Member State.

RemovedHorizontal change.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22b – paragraph 4 – point c: (c) the Combined Nomenclature codes of the textile products that the producer intends to make available on the market for the first time within the territory of that Member State;

RemovedHorizontal change.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22b – paragraph 4 – point d: (d) in the case of a designation of a producer responsibility organisation, the name, postal code, place, street and number, country, telephone, web address, e-mail address and national identification code of the producer responsibility organisation, trade register number or an equivalent official registration number, the Union or national tax identification number of the producer responsibility organisation, and the represented producer’s mandate;

RemovedThis has been clarified because according to paragraph 5, the manufacturer is not required to designate an organisation.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22b – paragraph 10: deleted

RemovedUnnecessary to the functionality of Art. 22b. If anything, commonalities can be listed in amendments as bullet points.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 1: 1. Producers of textile products may choose to designate a producer responsibility organisation to fulfil their extended producer responsibility obligations laid down in Article 22a on their behalf.

RemovedHorizontal change.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 3 – introductory part: 3. Member States shall require the producer responsibility organisations to ensure that the financial contributions paid to them by producers of textile products:

RemovedHorizontal change.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 3 – point a: (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 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;

RemovedConsistency of separating textile waste from textile products.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 3 – point c: (c) ensure equal treatment of producers regardless of their origin or size, without placing disproportionate burden on producers, including small and medium sized enterprises, of small quantities of textile products.

RemovedHorizontal change.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 5 – subparagraph 1 – introductory part: 5. Member States shall ensure that the producer responsibility organisations establish a separate collection system for used and waste textil products, regardless of their nature, material composition, condition, name, brand, trademark or origin, in the territory of a Member State where they make those products available on the market for the first time. The separate collection system shall:

RemovedHorizontal change.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 5 – subparagraph 1 – point a: (a) offer the separate collection of such used and waste textil products to the entities referred to in paragraph 6, point a, and provide for the necessary practical arrangements for collection and transport of such used and waste textile products, including the provision, free of charge, of suitable collection and transport containers to the separate collection points;

RemovedCombining the collection of products (used clothes) and waste (waste clothes) seems to contradict the idea of waste prevention and will artificially inflate the amount of textile waste. The first category (used clothing) is not waste, it can be re-used and this is a waste prevention measure. Here, it would be more appropriate to promote the exchange of such clothing between users through social initiatives or through producers or organisations through which producers operate. This should not be mixed up with waste activities. From waste clothing (which is waste), some clothing can be prepared for re-use, but this is recovery.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 5 – subparagraph 1 – point b: (b) ensure the collection, free of charge, of such used and waste textile products collected at the separate 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;

RemovedMore suitable with added definition of “separate collection points”.

RemovedHowever, some uncertainties remain, if "mobile / travelling" collections of used textiles are organised (e.g. bags of used textiles are put out in front of houses on a certain day), how will this be treated? Will each place where the bags are put out (in front of the house) have to meet the requirements for "collection points"?

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 5 – subparagraph 1 – point c: (c) ensure the collection, free of charge, of waste generated by social enterprises and other non-waste operators from such textile products collected through the separate collection points;

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 5 – subparagraph 1 – point c a (new): (ca) ensure that used and waste textile products are not mixed.

RemovedIn practise, at separate collection points, persons leaving bags of textiles will inevitably, to greater and lesser extents, mix up used textile products suitable for reuse and waste textile products which are not, even with good intention, it might be difficult for people to tell apart.

RemovedNevertheless, enabling initial separation of used textile products suitable for reuse and waste textile products which are not will likely accelerates the process of sorting operations, which would still have to take happen regardless.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 6 – point a: (a) consists of separate collection points set up by the producer responsibility organisations and waste management operators on their behalf in cooperation with one or more of the following: social enterprises and social economy entities, distributors, public authorities or third parties carrying out collection on their behalf of used and waste textile products, and other voluntary separate collection points;

RemovedHorizontal change.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 6 – point b: (b) covers the whole territory of the Member State taking into account population size and density, expected volume of used and waste textile products, accessibility and vicinity to end-users, not being limited to areas where the collection and subsequent management of those products is profitable;

RemovedHorizontal change.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 8: 8. The separate collection rate referred to in paragraph 6, point (c) shall be calculated as the percentage obtained by dividing the weight of used and waste textile products collected in accordance with paragraph 5 in a given calendar year in a Member State by the weight of such textile products made available on the market in a given year in a Member State.

RemovedThe proposed method of calculating targets based on morphology is unreliable. Therefore, a method of calculation similar to those specified in other post-consumer waste directives has been proposed.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 9: 9. By ... [12 months after the entry into force of this amending Directive] 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).

RemovedIt is important to adopt implementing acts before the deadline for transposing the directive so that member states can implement it correctly.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 11: 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 products to the producer responsibility organisation.

RemovedHorizontal change.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 12: 12. Member States shall ensure that separate collection points set up in accordance with paragraphs 5, 6 and 11 are not subject to the permit requirements of this Directive.

RemovedSome form of registration should be retained. Separate collection points do not need to obtain any permissions, but a list of them should be available to Member States.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 13 – introductory part: 13. Member States shall ensure that, in addition to the information referred to in Article 8a(2), producer responsibility organisations make available to end-users, in particular consumers, the following information regarding the sustainable consumption, re-use and end-of-life management of textile products that the producers make available on the territory of a Member State:

RemovedHorizontal change.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 13 – point b: (b) re-use and repair arrangements available for textile products;

RemovedHorizontal change.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 13 – point c: (c) the role of consumers in contributing to the separate collection of used and waste textile products;

RemovedHorizontal change.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 13 – point d: (d) the impact on the environment, human health as well as social and human rights of textile production, in particular fast-fashion practices and consumption, recycling and other recovery and disposal and inappropriate discarding of waste textile products, such as littering or discarding in mixed municipal waste.

RemovedHorizontal change.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 15: 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 of the separate collection system for used and waste textile products. 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.

RemovedHorizontal change.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 17 – point a: (a) at least each year, subject to commercial and industrial confidentiality, the information on the weight of products placed on the market, of collected used textile products, of separate collected waste textile products, of unsold textile products sent to destruction, of recycled waste textile products, of waste textile products subjected to fibre-to-fibre recycling, of waste textile products subjected to other recovery, of waste textile products subjected to disposal, of exported used textile products and of exported waste textile products;

RemovedThe information that should be published by organisations has been clarified.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 19: 19. Member States shall ensure that producer responsibility organisations require the reporting of data from the producers on the textile products made available on the market on an annual basis.

RemovedHorizontal change.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 1: 1. Member States shall ensure, by ... [(PO insert date)[thirty six] months after the entry into force of the implementing acts laid down in this amending Directive] and subject to Article 10(2) and (3), that the separate collection of used textile products for re-use, the separate collection of waste textile products for preparing for re-use and recycling complies with the new requirements.

RemovedArt. 11 par. 1 subpar. 3, as is in the original text of the Waste Framework Directive, indicated that Member States are to introduce separate collection for textiles by 1 January 2025. The difference now is that this amendment has also added the new provisions in the Draft Report regarding a separate collection point which may also differentiate used textile products from waste textile products, whilst lining up with the new timeframes.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 2: 2. Member States shall ensure that the collection, loading and unloading, transportation and storage infrastructure and operations and other handling of waste textile products, 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 used and waste textile products. Separately collected used and waste textile products 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.

RemovedThe requirements referred to in Article 22d(1) and (2) will in some cases involve the retrofitting of separate municipal waste collection points and construction work.

RemovedFunding for such activities would already have to be secured by municipalities this year (2023), which is not possible due to the stage of work on this project (and there must first be new requirements transposed into national law in order for action to be taken).

RemovedIt is therefore proposed to insert a deadline depending on the transposition deadline of the Directive (e.g. 36 months) instead of the specific deadline currently indicated.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 3 – subparagraph 1: Member States shall ensure that waste textiles products that are separately collected in accordance with Article 22c(5) are considered waste upon collection. / Used textile products which can be clearly distinguished as such upon collection shall not be considered to be waste. / A place where used textile products can be accepted which, upon acceptance, are checked for their suitability for re-use and, if unsuitable, are not accepted, shall not be considered to be a separate collection point.

RemovedThis point would have artificially inflated the amount of textile waste without these changes in this amendment. In addition, charities collecting used clothing will have to comply with the requirements for waste collectors.

RemovedNecessary to have distinction of used textile products, which never become waste, and waste textile products, to be realised as much as possible.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 3 – subparagraph 2: With regard to textiles other than the textile products, as well as unsold textile products, 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, including fibre-to-fibre recycling where technological progress allows.

RemovedHorizontal change.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 4: 4. Member States shall ensure that used and waste textile products that are collected in separate collection points in accordance with Article 22c(5) are subject to sorting operations to ensure the treatment in line with the waste hierarchy established in Article 4(1).

RemovedIn general, sorting operations refer to waste. If social (charitable) institutions only accept second-hand textiles (by verifying their quality right away when accepting them and not accepting textile waste), why else sort them - unnecessarily consuming energy, human labour, etc.?

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 5 – introductory part: 5. Member States shall ensure that sorting operations of used and waste textile products that are separately collected in accordance with Article 22c(5) comply with the following requirements:

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 5 – point a: (a) the sorting operation is to generate textiles for re-use;

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 5 – point b: (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 preparing for re-use operations, target a specific re-use market applying up-to-date sorting criteria relevant to the receiving market;

RemovedHorizontal change.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 6: deleted

RemovedIt is unrealistic to carry out the tests within this timeframe.

RemovedIn order to analyse the morphology of mixed municipal waste, the studies need to last a full calendar year. The methodology for such studies must also be prepared (the preamble mentions NUTS2, Annex IVc lists the types of textiles to be considered) and funding must be provided (and tendering procedures taken into account), so the work to carry out such studies would have to start already (to meet the proposed deadline), which is not possible as the final text of the amendments to the Directive is not known.

RemovedIt is proposed to insert a deadline depending on the deadline for transposition of the Directive (e.g. 36 months) instead of the current specific deadline indicated in Article 22d paragraph (6).

RemovedIn addition, the question arises as to why morphology surveys should be carried out only because of textiles? It seems that they should also apply to other fractions, e.g. food waste. In that case, the question of covering costs remains. As indicated in the commentary to Article 22c, paragraph 8 - rates should be calculated on the basis of textiles placed on the market.

RemovedTherefore, this paragraph 6 would be unnecessary.

RemovedSuch a mechanism creates unnecessary costs on the part of administration and business.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 7: 7. Member States shall ensure that, in order to distinguish between used and waste textile products, shipments of used textile 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 products and monitored accordingly.

RemovedHorizontal change.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 8 – introductory part: 8. Member States shall ensure that shipments arranged on a professional basis of used textile products comply with the minimum record keeping requirements set out in paragraph 9 and are accompanied by at least the following information:

RemovedHorizontal change.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 8 – point a: (a) a copy of the invoice and contract relating to the sale or transfer of ownership of the textile products which states that they are destined for direct re-use and that they are fit for direct re-use;

RemovedHorizontal change.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 8 – point b: (b) evidence of a sorting operation carried out in accordance with this Article and, where available, the criteria adopted pursuant to Article 6(2), in the form of a copy of the records on every bale within the consignment and a protocol containing all record information according to paragraph 9, with the exception of transport of donations for victims of natural disasters;

RemovedCharitable organisations and crisis response, including for victims of natural disasters, should have total flexibility and exemption from any hindrances in operating.

RemovedIn addition, this provision, without the amendment, may result in a reduction in foreign aid in the form of second-hand clothing provided by charities.

Removed“Prior sorting” as opposed to “sorting” appears only here in the whole text, and as such, it feels as though it is not necessary, does not change the meaning, and reads clearer being consistent with the whole text.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 8 – point c: (c) a declaration made by the natural or legal person in possession of used textile products that arranges, on a professional basis, the transport of used textile products that none of the material within the consignment is waste as defined by Article 3(1);

RemovedHorizontal change.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 9 – introductory part: 9. Member States shall ensure that shipments of used textile products comply with the following minimum record keeping requirements:

RemovedHorizontal change.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 9 – point a: (a) the record of the sorting or preparing for re-use operations shall be fixed securely but not permanently on the packaging;

RemovedHorizontal change.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 9 – point b – point 1: (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 preparing for re-use operations such as type of clothes, size, colour, gender, material composition,

RemovedHorizontal change.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 9 – point b – point 2: (2) the name and address of the company responsible for the final sorting or preparing for re-use

RemovedHorizontal change.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 10: 10. Member States shall ensure that, where the competent authorities in a Member State establish that an intended shipment of used textiles products consists of waste, the costs of appropriate analyses, inspections and storage of used textiles products suspected of being waste may be charged to the producers of textile products, to third parties acting on their behalf or to other persons arranging the shipment.

RemovedHorizontal change.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22 d a (new): Article 22da / Textile waste reduction targets / ‘1. By 31 December 2030, the Council shall determine the 2040 Union textile waste reduction target. / 2. With a view to fulfilling the obligations in Articles 22a to22d, Member States shall take the appropriate measures to endeavour to achieve by 31 December 2040 an indicative Union-wide textile waste reduction target compared to the amount of textile products placed on the market in [2025].’

RemovedMember States’ waste prevention plans have thus far not yielded tangible results. This revision is an opportunity to introduce waste reduction target not only for food waste, but also textiles.

RemovedThe EU’s goal to improve the durability of garments via ESPR is a good first step but ignores the fact that production and consumption is driven by fast fashion trends and aggressive marketing rather than the need to replace broken clothes. Until this is addressed via, effective waste prevention measures, this logic will not change.

RemovedIndicative textile waste prevention targets which are feasible would be achieved as a result of the additional measures brought about by Articles 22a - 22d.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7 a (new), Article 23 – paragraph 5 a (new): (7a) in Article 23, the following paragraphs are added: / ‘5a. Member States shall require that all entities, including private companies, brokers and dealers, which intend to collect waste on a professional basis or to store waste in the context of processing of that waste, obtain a permit from the relevant national competent authority.

RemovedWhilst it is unavoidable that this will increase some administrative burden, this is necessary in pursuit of the objective of cleaning up the Union’s waste management systems and eliminating illegal landfills in the Union.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7 a (new), Article 23 – paragraph 5 b (new): 5b. The permits referred to in paragraph 5a shall include at least the following: / (a) possession of legal title of the land on which the collection of waste is to be undertaken; / (b) in the case of lease contracts, the mass and types of waste, whilst in the case of abandoning waste, it shall be assumed that the waste holder is the landowner; for hazardous waste, the agreement shall be in the form of a notarial act; / (c) proposed form and amount of insurance claims; / (d) in the case of working with brokers and dealers, can be carried out only if the brokers and dealers are registered, and is required to demand from the broker and dealer the proposed form and amount of insurance claims;. / brokers and dealers shall prove that they have sufficient funds to cover the costs of environmental damages for which they could be considered liable in the event of failure to fulfil their obligations.’

RemovedAs part of the whole new overhaul of the waste management systems that shall be introduced, amongst the most immediately implementable are adding rigor to the existing permits in Article 23.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7 b (new), Article 23 a (new): (7b) the following article is inserted: / Article 23a / ‘Member State and National Landfill Registers / 1. Member States shall establish, if they have not already done so, without undue delay, a national register with all landfill sites on their territory. / 2. Member States shall regularly monitor and, where [necessary/appropriate], update the national register . Member States shall clearly indicate on the national register whether hazardous waste is present. / 3. Landfills which are not registered on the national register shall be considered to be illegal. / 4. Member States shall exchange information regarding their national register with one another.’

RemovedWhilst it is unavoidable that this will increase some administrative burden, this is necessary in the view of achieving the objective of eliminating illegal landfills in the Union.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7 c (new) – point a (new), Article 26 – paragraph 1 – introductory part: (7c) Article 26 is amended as follows: / (a) the introductory part of paragraph 1 is replaced by the following: / ‘Member States shall ensure that the competent authority keeps a register of:’

RemovedRest of the paragraph reads:

Removed(a) establishments or undertakings which collect or transport waste on a professional basis;

Removed(b) dealers or brokers; and

Removed(c) establishments or undertakings which are subject to exemptions from the permit requirements pursuant to Article 24.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7 c (new) – point b (new), Article 26 – paragraph 1 – point b: (b) point (b) of paragraph 1 is replaced by the following: / ‘(b) dealers or brokers, as per Article 26a (new); and’

RemovedRest of the paragraph reads:

Removed(a) establishments or undertakings which collect or transport waste on a professional basis;

Removed(c) establishments or undertakings which are subject to exemptions from the permit requirements pursuant to Article 24.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7 c (new) – point c (new), Article 26 – paragraph 2 a (new): (c) the following paragraph is added: / ‘Brokers and dealers shall be registered in the new register as laid down in Article 26a, shall have a valid permit as laid down in Article 23, and shall demonstrate compliance with all relevant local, national and Union laws;’

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7 d (new), Article 26 a (new): (7d) the following article is inserted: / ‘Article 26a / Mandatory register of brokers and dealers managing waste / 1. Member States shall establish, if they have not done so already, no later than ... [x months following the entry into force of this amending Directive], a national register containing all brokers and dealers operating on the territory of the Member State. / 2. Member States shall regularly monitor and , where [necessary/appropriate], update the register. Member States shall clearly indicate on the register whether the broker or dealer manages hazardous waste. / 3. Brokers or dealers which are not registered on the register shall be considered to be illegal and shall be prohibited from operating. / 4. Member States shall exchange information regarding their register with one another.’

RemovedWhilst it is unavoidable that this will increase some administrative burden, this is necessary in the view of achieving the objective of eliminating illegal landfills in the Union.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 8, Article 29 – paragraph 2 a: deleted

RemovedNo need to delete this fragment, as it is done via Art. 29a.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 9, Article 29a – paragraph 1: 1. By [P.O. insert date of two years after date of transposition of this amending Directive], Member States shall review and adapt their food waste prevention programmes, with a view of attaining the targets provided for in Article 9a(4). Those programmes shall at least contain the measures laid down in Article 9(1) and 9a(1)) and, where relevant, the measures listed in Annexes IV and IVa.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 9, Article 29a – paragraph 1 a (new): 1a. Where it is not yet possible to differentiate between food wastage and food waste upon collection, Member States shall pay special attention, where applicable, to prioritising the reduction of food wastage, over food waste. This shall apply to luxurious establishments and buffet style catering services. This differentiation between food waste and food wastage, to the extent possible, is important to ensure that the consumption of food and food prices are not impacted by individual consumers and citizens.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 9, Article 29a – paragraph 2: 2. Each Member State shall designate the competent authorities responsible for the coordination of the food waste reduction measures implemented in order to reach the target set out in Article 9a(4) and inform accordingly the Commission by [P.O. insert the date of within twelve months after the date of transposition of this amending Directive]. The Commission shall subsequently publish that information on the relevant EU website.’;

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 9, Article 29a – paragraph 3 a (new): 3a. From ... [insert date of entry into force of this amending Directive] the buildings of the Union institutions in each Member State shall maintain and, where appropriate, improve existing food waste reduction programmes. Those programmes shall have a focus on food wastage.

RemovedEU institution buildings must be subject to set the highest example in the requirements laid out.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 9 a (new), Article 32 a (new): (9a) the following articles are inserted: / ‘Article 32a / Incentivising innovation and technological advancement in waste management / 1. At the request of Member States, the Commission shall provide assistance, including information campaigns, and sufficient technical know-how to help successfully foster projects under Horizon Europe, InvestEU, Cohesion Fund, European Regional Development Fund, EU4Health, LIFE programme, and, where appropriate, other programmes, to help improve the waste management systems in Member States. / Projects aimed at improving waste management systems may address all types of waste. Such projects may include, but are not limited to: / (a) automated machines which collect plastic and other physical solid waste from rivers, lakes, and seas on the coastlines; / (b) technology which would facilitate the achievement of the objective to eliminate illegal landfills in the Union, as laid down in Article 12a, such as deploying drones and using satellite imagery for better scientific monitoring; / (c) other projects, as deeemed necessary by Member States. / 2. The Commission and Member States shall endeavour to achieve at least one such project in each Member State. / 3. Following a request by a Member State, and with a view to ensuring the health and well-being of the citizens concerned, the Commission shall provide, without undue delay, financial and technical support to Member States, w to assist them in implementing their waste management plans. / 4. Wh…

RemovedIt is positive that, according to the proposal, the Commission will have the opportunity to adopt rules for more standardised methods of measuring food waste. However, the Commission should also review the existing methodologies. This step is necessary for having quality and homogeneous data, including for the possible review.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 9 a (new), Article 32 b (new): Article 32b / Information and education campaigns / 1. In accordance with Article 9 (1), point (m), Member States shall develop and support information and education campaigns about waste prevention and littering (‘information and education campaigns’). / 2. At the request of a Member State, the Commission shall provide assistance and sufficient technical know-how to help that Member State to successfully introduce information and education campaigns or to develop new information and education campaigns which further expand and build on existing ones. / 3. Member States shall ensure that the information and education campaigns, where appropriate, enable citizens to be better prepared to report illegal landfills and to contribute to the achievement of the objective of eliminating illegal landfills in the Union, as laid down in Article 12a with public participation.’

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 9 b (new), Article 34 – paragraph 1 a (new): (9b) in Article 34, the following paragraph is inserted: / ‘1a. Relevant competent authorities granting permits for the waste recovery involving the filling of excavations, together with relevant competent authorities granting permits for the extraction of natural aggregates, shall perform periodic inspections of waste processing processes. Those inspections shall be performed at least once every 3 years. / The relevant competent authorities shall swiftly communicate the results of the inspections to the national authorities’ environmental inspectorates and to those undertaking controls and checks. Where the relevant competent authority reaches a conclusion of non-conformity, it may withdraw the permit without any compensation payment and issue an order to return the environment to the original state without undue delay.’

RemovedDrastic and harsh rules are needed.

RemovedThe formulation”the national authorities’ environmental inspectorates and those undertaking controls and checks” is intended to ensure adjustability to each Member State.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 9 c (new), Article 35 – paragraph 1 – subparagraph 1 a: (9c) in Article 35 (1), the following subparagraph is inserted: / ‘Member States shall require entities which function as dealers or brokers to keep waste records in a way that allows tracking of the actual flow of waste between entities taking physical possession of the waste.’

RemovedNew role for dealers and brokers

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 9 d (new), Article 36 a (new): (9d) the following article is inserted: / Article 36a / ‘Empowering national authorities’ environmental inspectorates / 1. Member States shall take the necessary measures, where appropriate, to empower the relevant competent authorities, including, where applicable, the national authorities’ environmental inspectorates and those undertaking controls and checks, to better implement the objectives laid down in this Directive. / The measures may include expanding their personnel, authority, and others. / 2. Member States shall fulfil the obligations referred to in paragraph 1, particularly with a view to achieving the objective of eliminating illegal landfills in the Union as referred to in Article 12a . / 3. The provisions in paragraph 1 and 2 of this Article, may include, but are not limited to, the following: / (a) introducing liability mechanisms as laid down in Article 17, second paragraph; / (b) significantly improving video surveillance and groundwater quality monitoring, as referred to in Article 15 (4a); / (c) introducing deposit systems for entities dealing with waste as laid down in Article 15(4b); / (d) deploying technological monitoring solutions, including satellite imagery and drones.’

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 10 – point a, Article 37 – paragraph 3 – subparagraph 1: ‘Member States shall report the data concerning the implementation of Article 9(4) and the data referred to in point (a) of Article 22c(17) ), where the data available is sufficiently reliable and comparable to the European Environment Agency every year. Member States shall be required to report quantitative data on the re-use of textiles pursuant to Article 9(4), where the data available is sufficiently reliable and comparable. Member States shall report the data concerning the implementation of Article 9a(2) to the Commission every year.’;

RemovedMember States not required is questionable. Re-use is something to be encouraged, and Member States should have the opportunity to showcase their achievements in this.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 10 – point a a (new), Article 37 – paragraph 3 a (new): (aa) the following paragraph is inserted: / ‘3a. The Commission shall, without undue delay and no later than 31 December 2024, and following close consultation with Member States, adopt a delegated act in accordance with Article 38a that revises Commission Implementing Decision (EU) 2019/20001a’;’ / 1a Commission Implementing Decision (EU) 2019/2000 of 28 November 2019 laying down a format for reporting of data on food waste and for submission of the quality check report in accordance with Directive 2008/98/EC of the European Parliament and of the Council (OJ L 310, 2.12.2019, p. 39.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 10 – point b, Article 37 – paragraph 7: ‘7. By ... [12 months after the entry into force of this amending Directive] the Commission shall adopt implementing acts laying down the format for reporting the data referred to in paragraphs 1, 3, 4 and 5 of this Article. For the purposes of reporting on the implementation of points (a) and (b) of Article 11(2), Member States shall use the format established in Commission Implementing Decision of 18 April 2012 establishing a questionnaire for Member States reports on the implementation of Directive 2008/98/EC of the European Parliament and of the Council on waste. For the purpose of reporting on food waste, Member States shall use the format laid down in Commission Implementing Decision (EU) 2019/2000.Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2) of this Directive.’;

RemovedIt is important to adopt implementing acts before the deadline for transposing the directive so that member states can implement it correctly.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 11 – point a, Article 38a – paragraphs 2 and 3: (11) Article 38a is amended as follows: / ‘2. The power to adopt delegated acts referred to in Articles 7(1), 11a(10), 27(1), 27(4), 38(2) and 38(3) shall be conferred on the Commission for a period of five years from 4 July 2018. The power to adopt delegated acts referred to in Article 22a(2) shall be conferred on the Commission for a period of five years from [PO insert date eighteen months after the entry into force of this amending Directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

RemovedClerical error in the proposal in writing Art. 38, as in the Waste Framework Directive, it is Art. 38a is the provision pertaining to the exercise of the delegation.

RemovedArt. 9a par. 3 is removed.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 11 – point a, Article 38a – paragraph 3: 3. The delegation of power referred to in Articles 7(1), 11a(10), 22a(2), 27(1), 27(4), 38(2) and 38(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.’;

RemovedArt. 9a par. 3 is removed.

RemovedDirective (EU) 2008/98/EC

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

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

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

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

RemovedHousehold textile products that fall within the scope of Article 22a

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

RemovedConsistency of tidying up the text, changing to “textile products”.

RemovedAlso adding mattresses and carpets to Part 1. products are likely to be incinerated at their end of life and municipalities need to pay for the collection and treatment of these bulky items.

RemovedArticle 2 – paragraph 1 – subparagraph 1: Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before thirty-six months after the entry into force of the implementing acts laid down in this amending Directive] at the latest. They shall forthwith communicate to the Commission the text of those provisions.

RemovedTransposition time needs to be proportionate to the undertaking, allowing for national procedures in all Member States, yet also sufficiently swift.

Removed18 months is far too short a time to transpose the provisions of the Directive, as practice shows. Taking into account national experiences, this period should be extended to 36 months.

RemovedThe issuance of these necessary implementing acts before the transposition deadline will allow Member States to fully prepare their national regulations more swiftly than without.

RemovedThe 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.

RemovedFirstly, 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.

RemovedSecondly, 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.

RemovedThirdly, 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.

Removed1. changes to Commission proposal

Removed1.1 food waste (Art. 9a, Art. 29a, relevant parts of Art. 3 and Art. 9)

Removed1.1.1 differentiating “food wastage” (food which could have been eaten) from just “food waste” (non-edible parts) more distinctly;

Removed1.1.2 for the targets in Art. 9a par. 4, changing base year from 2020 to 2025, and changing target date from 2030 to 2035;

Removed1.1.3 new Union-wide food waste reduction target by 2035, clarified by 2030 with greater data availability by then;

Removed1.1.4 methodology in Commission Delegated Decision (EU) 2019/1597 of 3 May 2019 requires proper referencing as well as an update in Art. 9a;

Removed1.1.5 taking into consideration seasonal tourist hikes, influxes of refugees and migrants, when accounting for targets in Art. 9a par. 4;

Removed1.1.6 clear distinction for farmers, primary production in Art. 9a par. 4;

Removed1.1.7 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;

Removed1.1.8 encouraging the use of food waste for bio-gas, bio-fuels; encouraging technological solutions e.g. phone apps enabling selection of food before expiry;

Removed1.1.9 protecting individual consumers following changes, avoiding food price hikes;

Removed1.2 textile waste (Art. 22a - 22d, Annex IVc, relevant parts of Art. 3 and Art. 11)

Removed1.2.1 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;

Removed1.2.2 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;

Removed1.2.3 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;

Removed1.2.4 optionality for micro and SME producers for textiles EPR scheme, exemptions for collection of donations for victims of natural disasters and others;

Removed1.2.5 adjusting to transposition time for Member States to be in line with necessary implementing act;

Removed1.2.6 additions to Annex IVc, however, future delegated acts should not expand its scope as adjusting EPR schemes;

Removed1.2.7 allocating part of EPR fees to a fund for reuse and repair operations;

Removed1.2.8 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;

Removed1.2.9 introduction of Union-wide indicative target for textile waste reduction for 2040

Removed1.3 fixing inadequate reporting and monitoring (Art. 37, relevant parts of Art. 11, Art. 11b)

Removed1.3.1 Art. 37 par. 3 on Member States not reporting quantitative data on re-use of textiles has been removed;

Removed1.3.2 deadline for implementing act in Art. 37 par. 7;

Removed1.4 transposition time change to be related to necessary implementing acts;

Removed1.5 changes to Article 2 of the Waste Framework Directive have been intentionally left as is in the Commission proposal.

Removed2. changes to original Waste Framework Directive beyond Commission proposal

Removed2.1 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)

Removed2.1.1 introducing definition of illegal landfills, adding a new landfill register;

Removed2.1.2 adding rigidity and requirements regarding permits in Art. 23 (and as in Art. 9 in Landfill Directive);

Removed2.1.3 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;

Removed2.1.4 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;

Removed2.1.5 use of penalties, creating targeted fund for waste, additional requirements of dealers and brokers, corporate due diligence on reporting waste management;

Removed2.1.6 more powers to environment protection inspectorates of national authorities;

Removed2.1.7 introducing additional inspections in Art. 34; use of drones and satellite imagery, encouraging new technologies for monitoring; making reporting of illegal landfill sites easier;

Removed2.1.8 addressing trans-border waste issues (intra-EU, extra-EU), relation to revision of Waste Shipment Regulation;

Removed2.2 municipal waste improvement (Art. 11, Art. 11a, new Art. 15a)

Removed2.2.1 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;

Removed2.2.2 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)

Removed2.2.3 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;

Removed2.2.4 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;

Removed3. broader changes in waste management as new additions to original Waste Framework Directive beyond Commission proposal

Removed3.1 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;

Removed3.2 encouraging innovative projects and creative solutions in new Art. 32a for waste management;

Removed3.2.1 Commission support to foster projects from EU funds, especially technological advancements (including projects to clean up rivers, sea shores, lakes, etc.);

Removed3.3 ensuring financial and technical support for Member States;

Removed3.4 enabling information and education campaigns in new Art. 32b, including encouraging thrift shop purchasing, increasing knowledge and active participation of public.

RemovedAll 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.

RemovedWaste prevention and management, regarding each waste type, is arguably the most pivotal policy tool in the pursuit of protecting the environment and human health in the Union.