Changes from report parliamentary committee draft to report parliamentary committee draft

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