Changes from report parliamentary committee draft to report parliamentary committee draft

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;’