Changes from report parliamentary committee draft to report parliamentary committee draft

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.