Changes from report parliamentary committee draft to report parliamentary committee draft

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.