Changes from report parliamentary committee draft to report parliamentary committee draft

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.’