Changes from report parliamentary committee draft to plenary report

RemovedSHORT JUSTIFICATION

AddedRecital 1: (1) The European Green Deal and the Circular Economy Action Plan call for reinforced and accelerated Union and Member State action to ensure environmental and social sustainability of the textiles and food sectors as they represent top resource intensive sectors that cause significant negative environmental externalities. In those sectors, financing and technological gaps, among other things, impede progress towards the transition to a circular economy and decarbonisation. The food and textiles sectors are the first- and the fourth- most resource-intensive sectors respectively and they do not fully adhere to the fundamental Union waste management principles set out in the waste hierarchy which requires the prioritisation of waste prevention followed by preparation for re-use and recycling. These challenges require systemic solutions with a lifecycle approach with particular attention paid to food and textile products. / (deleted) / (deleted)

RemovedThe Council position at first reading reflects the agreement reached between Parliament and the Council in interinstitutional negotiations at early second-reading stage.

AddedRecital 2: (2) According to the EU Strategy for Sustainable and Circular Textiles71 , important changes are needed to move away from the currently prevailing linear way in which textile products are designed, produced, used and discarded, with a particular need to limit fast fashion. According to the Strategy’s vision for 2030, consumers should benefit longer from high quality affordable textiles. That Strategy considers it important to make producers responsible for the waste that their products create and refers to the establishment of harmonised Union extended producer responsibility rules for textiles with eco-modulation of fees. It provides that the key objective of such rules is to create an economy for collection, sorting, re-use, preparation for re-use and recycling, and to incentivise producers to ensure that their products are designed in respect of circularity principles. To that end, it foresees that a notable share of contributions made by producers to extended producer responsibility schemes have to be dedicated to waste prevention measures and preparation for re-use. It also supports the need for strengthened and more innovative approaches to sustainable management of biological resources to increase the circularity and valorisation of food waste and re-use of bio-based textiles

AddedRecital 2 a (new): (2a) According to the briefing of the European Environmental Agency entitled ‘Microplastics from textiles in Europe’1a, up to 35% of global microplastics released into the aquatic, terrestrial and marine ecosystems are from synthetic textiles. Plastic waste impairing aquatic, terrestrial and marine ecosystems can be appropriately collected, recycled and ultimately given a new life promoting a full circular economy as well as raising public awareness for the dissemination of best practices. / 1a https://www.eea.europa.eu/publications/microplastics-from-textiles-towards-a

AddedRecital 3: (3) Taking into account the negative effects of food waste, Member States committed themselves to taking measures to promote the prevention and reduction of food waste in line with the 2030 Agenda for Sustainable Development, and the SDG Target 12.3 in particular, adopted by the United Nations (UN) General Assembly on 25 September 2015, and in particular its target of halving per capita global food waste at the retail and consumer levels and reduce food losses along production and supply chains, including post-harvest losses, by 2030. Those measures aimed to prevent and reduce 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.

AddedRecital 5 a (new): (5a) Wood is a valuable resource and it is encouraged to be added to a list of materials subject to separate collection, and with re-use and recycling targets.

AddedRecital 7: (7) Member States have, to a certain extent, developed materials and carried out campaigns targeting food waste prevention for consumers and food business operators; however, these mainly focus on raising awareness and substantial dietary shifts including behavioural change. In order to reach the full potential for reducing food waste and ensure progress over time, behavioural change interventions have to be developed, tailored to the specific situations and needs in Member States, and fully integrated in national food waste prevention programmes. Importance should also be given to regional circular solutions, citizen engagement as well adaptation to specific regional needs such as outermost regions or islands;

AddedRecital 10: (10) The setting of food waste reduction targets to be achieved by Member States by 2030, in line with the Union’s commitment to the ambition set out in SDG Target 12.3, should provide a strong policy impulse to take action and ensure a significant contribution to global targets. However, given the legally binding nature of such targets, they should be proportionate, attainable and feasible, and take into account the role of different actors in the food supply chain as well as their capacity, in particular micro and small enterprises.

AddedRecital 10 a (new): (10a) Disparities in bargaining power between suppliers and buyers of agricultural and food products still persist in food supply chains across the Union. This is particularly the case in the agricultural sector, since the specific nature of agricultural products and the associated need to dispose of them quickly distorts equality among counterparties from the very outset. Every effort should therefore be made to ensure that the most common unfair trading practices affecting agricultural suppliers, particularly in the supply of perishable products, do not increase as a result of binding targets to reduce food waste.

AddedRecital 10 b (new): (10b) The European Economic and Social Committee and the European Food Security Crisis preparedness and response Mechanism has recognised the contribution of packaging in reducing food waste and ensuring food supply and security.

AddedRecital 11: (11) Reducing food waste at the production and consumption stages requires different approaches and measures and involves different stakeholder groups. Therefore, one target should be proposed for the processing and manufacturing stage and another one for the retail and other distribution of food, restaurants and food services and households. Reducing food waste at any point along the food supply chain yields a significant positive environmental impact.

AddedRecital 14 a (new): (14a) To promote a uniform and consistent interpretation of food waste data and reporting across actors in the food supply chain and Member State authorities, the Commission should provide comprehensive guidelines pertaining to the methodology for food waste measurement.

AddedA more streamlined data necessary to promote the set goals.

AddedRecital 14 b (new): (14b) The harmonised methodology established in Commission Delegated Decision (EU) 2019/1597* provides for the use of different reporting methods. To ensure that future data are scientifically sound, high quality and comparable, it is necessary to establish and apply clear and consistent measurement methods among the Member States and minimum quality requirements for the uniform measurement of food waste. / ----------------------- / * 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, 27.9.2019, p. 77).

AddedRecital 16 a (new): (16a) Member States should take measures to promote solutions such as clearer date labelling on food products and facilitate the use of date markings in accordance with Regulation (EU) 1169/2011 of the European Parliament and of the Council*, in order to avoid consumers’ confusion about date marking. / ------------ / * Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18).

AddedRecital 17: (17) In line with the polluter-pays principle, as referred to in Article 191(2) of the Treaty on the Functioning of the European Union (TFEU), it is essential that producers placing on the Union market certain textile, textile-related and footwear products take responsibility for their management at their end-of life as well as extending their lifetime through making used textile, textile-related and footwear products available on the market for re-use. To implement the polluter pays principle, it is appropriate to lay down obligations for the management of textile, textile-related and footwear producers, which include any manufacturer, importer or distributor, that, 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 Council77 , makes available those products on the market for the first time within a territory of a Member States on a professional basis under its own name or trademark. The scope of the producers covered by the extended producer responsibility should exclude micro enterprises, for which such a responsibility would impose a disproportionate financial and administrative burden, and self-employed tailors producing customised products in view of their reduced role in the textile market as well as those placing on the market used textiles, textile-related and footwear products or such products derived from used or waste of those product…

AddedRecital 18 a (new): (18a) According to the European Environment Agency, currently less than 1% of all clothing waste is used to make new clothing in a circular loop. Today, most textiles are not designed for circularity. 78% of all textile products require disassembly before textile-to-textile recycling. In order to ensure investment into circular textiles, targets should be established for the prevention, collection, sorting, reuse and local reuse, as well as recycling and fibre-to-fibre recycling of textiles to support and drive technological development and the investments into infrastructure as well as the push for eco-design of textiles. Total textile waste generated, covering clothing and footwear, home textiles, technical textiles, and post-industrial and pre-consumer waste, is estimated to be 12, 6 million tonnes. This includes fractions that are discarded during textile production, at the retail stage and by households and commercial entities waste1a. / 1a https://environment.ec.europa.eu/system/files/2023-07/IMPACT%20ASSESSMENT%20REPORT_SWD_2023_421_part1_0.pdf (pag.6)

AddedRecital 19: (19) In order to ensure the legal certainty for the producers on the products subject to the extended producer responsibility, the products in scope should be identified by reference to the Combined Nomenclature codes pursuant to Annex I to Council Regulation (EEC) No 2658/8778 . / 78 Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

AddedRecital 20: (20) The textile sector is resource intensive. While, in relation to both the production of raw materials and textiles, and as 73% of clothes and household textiles consumed in Europe are imported[1] , most of the pressures and impacts related to the consumption of clothing, footwear and textiles in the Union occur in third countries, they also affect the Union due to their global impact on climate and the environment. Therefore, preventing, preparing for re-use and recycling textile waste can help reduce the global environmental footprint of the sector, including in the Union. In addition, the current resource-inefficient waste management of textile waste is not in line with the waste hierarchy and leads to environmental harm both in the Union and in third countries, including through greenhouse gas emissions from incineration and landfilling. [1] https://ec.europa.eu/commission/presscorner/detail/en/QANDA_22_2015

AddedRecital 21: (21) The purpose of the extended producer responsibility for textiles, textile-related and footwear products is to ensure a high level of environmental and health protection in the Union, create an economy for collection, sorting, re-use, preparation for re-use and recycling, in particular, fibre-to-fibre recycling, as well as incentives for producers to ensure that their products are designed in respect of circularity principles. The producers of textiles and footwear should finance the costs of collecting, sorting for re-use, preparing for re-use and recycling, and of the recycling and other treatment of collected used and waste textiles and footwear, including unsold consumer products considered waste that were supplied on the territory of the Member States after the entry into force of this amending Directive to ensure that the extended producer responsibility obligations do not apply retroactively and comply with the principle of legal certainty. Those producers should also finance the costs of carrying out compositional surveys of mixed collected municipal waste, support to research and development in sorting and recycling technologies, especially digital solutions, reporting on separate collection, re-use and other treatment and of providing information to end-users about the impact and sustainable management of textiles. Producers should also finance the development of reuse and repair operations.

AddedRecital 25: (25) Taking into account the key role of social enterprises and social economy entities in the existing textile collection systems and their potential to create local, sustainable, participatory and inclusive businesses models and quality jobs in the Union, in line with the objectives of the EU Social Economy Action Plan79 , the introduction of extended producer responsibility schemes should maintain and support the activities of social enterprises and social economy entities involved in used and waste textiles management. These entities therefore should be regarded as partners in the separate collection systems supporting the scale-up of preparing for re-use and re-use and repair, and creating quality jobs for all and in particular for vulnerable groups.

AddedRecital 26: (26) Producers and producer responsibility organisations should be actively involved in providing information to end users, in particular consumers, that used and waste textiles and footwear should be collected separately, that collection systems are available and that end-users have an important role in ensuring waste prevention and an environmentally optimal management of textiles waste. This information should include availability of re-use arrangements for textiles and footwear and the environmental benefits of sustainable consumption and the environmental, health and social impacts of the textile apparel industry. The end users should also be informed about their important role in making informed, responsible and sustainable textile consumption choices an environmentally optimal management of textile and footwear waste. These information requirements apply in addition to the requirements on the provision of information to end-users in relation to the textile products laid down in the Ecodesign for Sustainable Product Regulation80 and the Regulation (EU) No 1007/2011 of the European Parliament and of the Council81 . The disclosure of information to all end users should make use of modern information technologies. The information should be provided both by classical means, such as posters both indoors and outdoors and social media campaigns, and by more innovative means, such as electronic access to websites provided by QR codes and the digital product passport.

AddedRecital 27: (27) In order to increase textiles’ circularity and environmental sustainability and to reduce the adverse impacts on climate and the environment, Regulation …/... [PO insert the serial number and institutions for the Ecodesign for Sustainable Product Regulation, and complete the footnote]82 will develop binding textile product ecodesign requirements, which will, depending on what the impact assessment will show to be beneficial for increasing textile environmental sustainability, regulate durability, reusability, reparability, and fibre-to-fibre recyclability of textiles, and mandatory recycled fibre content in textiles. It will also regulate the presence of substances of concern to allow their minimisation and tracking in view of reducing waste generation and improving recycling, as well as the prevention and reduction of synthetic fibres shed into the environment to significantly reduce microplastic release. At the same time, modulation of extended producer responsibility fees is an effective economic instrument to incentivise more sustainable textile design leading to improved circular design. In order to provide a strong incentive for ecodesign while taking into account the objectives of the internal market and the composition of the textile sector which is primarily composed of SMEs, it is necessary to harmonise criteria for the modulation of extended producer responsibility fees based on the most relevant ecodesign parameters to enable the treatment of textiles in line…

AddedRecital 27 a (new): (27a) Introducing a Digital Product Passport, as a tool to significantly enhance the traceability of textile products throughout their value chain, can empower consumers to make informed choices by providing better access to product information regarding end-of-life management. This would also enable economic operators to accurately track the amount of textile waste generated, assist Member States in implementing and monitoring separate collection obligations for textiles for re-use, preparation for re-use, and recycling in accordance with this Regulation.

AddedRecital 28: (28) In order to monitor that producers meet their obligations relating to their financial, and organisational obligations to ensuring the management of used and waste textile, textile-related and footwear products they make available on the market for the first time within the territory of a Member State, it is necessary that a register of producers is established and managed by each Member State and that producers should be obliged to register. The registration requirements and format should be harmonised across the Union to the greatest extent possible so as to facilitate registration in particular where producers make textile, textile-related and footwear products available on the market for the first time in different Member States. The information in the register should be publicly accessible.

AddedRecital 32: (32) Exports of used and waste textiles outside the EU have been steadily increasing with exports representing the greatest share of the re-use market for post-consumer textiles generated in the EU. In view of the significant increase of the collected textile waste after the introduction of separate collection by 2025 it is important to strengthen the efforts to combat illegal shipments of waste to third countries disguised as non-waste for the purpose of ensuring high environmental protection. Building on Regulation …/… [P.O. insert the institutions and serial number, and complete the footnote for the Regulation on the Shipment of waste]84 and in view of the objective to ensure the sustainable management of post-consumer textiles and tackle illegal shipments of waste, it should be provided that all separately collected used textiles, textile-related and footwear products undergo a sorting operation prior to their shipment. Furthermore, it should be provided that all separately collected used textile, textile-related and footwear items are regarded as waste and subject to Union waste legislation, including on the shipments of waste, until they have undergone a sorting operation by a trained sorting for re-use and recycling operator and meet the end-of-waste status conditions. The sorting should be carried out in accordance with the harmonised sorting requirements that deliver high quality re-usable fraction that meet the needs of the receiving second hand textile markets in t…

AddedRecital 33: (33) In order for Member States to achieve the targets set out in this Directive, Member States should revise their food waste prevention programmes to include new measures, involving multiple partners from the public and private sectors including producers, distributors, suppliers, retails and food service providers, as well as social economy actors and environmental and consumer organisations, with coordinated actions tailored to address specific hotspots as well as attitudes and behaviours that lead to food waste. In the preparation of these programmes, Member States could draw inspiration from the recommendations produced by the Citizens’ Panel on Food Waste.

AddedRecital 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.

AddedRecital 36 a (new): (36a) In order to facilitate the consistent interpretation of food waste data and reporting requirements by national authorities, while avoiding unneccessary administrative burden for operators in the food supply chain, the Commission should adopt guidance for the interpretation of delegated acts, following the example of the Guidance for the compilation and reporting of data on municipal waste1a or the Guidance for the compilation and reporting of data on packaging and packaging waste1b; / 1a European Commission, Eurostat, Guidance for the compilation and reporting of data on municipal waste according to Commission Implementing Decisions 2019/1004/EC and 2019/1885/EC, and the Joint Questionnaire of Eurostat and OECD (version 2023) (version 2023) https://ec.europa.eu/eurostat/documents/342366/351811/Guidance+on+municipal+waste+data+collection/ / 1b European Commission, Eurostat, Guidance for the compilation and reporting of data on packaging and packaging waste according to Decision 2005/270/EC (version 2023) https://ec.europa.eu/eurostat/documents/342366/351811/PPW+-+Guidance+for+the+compilation+and+reporting+of+data+on+packaging+and+packaging+waste.pdf/297d0cda-e5ff-41e5-855b-5d0abe425673?t=1621978014507

AddedRecital 39 a (new): (39a) It is important that Member States’ implementation of Council Directive 1999/31/EC* is substantially and rapidly improved, as environmental harm in the Union, including cross-border issues, is caused by the prevalence and emergence of illegal dumping sites and landfills across different Member States, like landfills which do not meet the standards and requirements laid out in that Directive. As such, it is appropriate for the Commission to evaluate, review and, where appropriate, present a legislative proposal to amend Council Directive 1999/31/EC. It is important that the evaluation assess ways to strengthen implementation provisions. / -------------- / * Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182, 16.7.1999, p. 1).

AddedRecital 40 a (new): (40a) It is important to emphasise the need for the Commission to continue its efforts with bringing waste management in line with the principles of circular economy and to consider a targeted revision aimed at healthcare waste, especially pharmaceutical waste from private households. Furthermore, it is important to reduce, reuse and recycle health care waste materials to minimise their environmental impact and resource depletion while safeguarding public health. This would help underscore the Union's dedication to responsible waste management and make healthcare facilities and industry a crucial partner in the Commission's broader efforts to reduce waste and promote sustainability.

AddedDirective 2008/98/EC

AddedArticle 1 – paragraph 1 – point 2, Article 3 – paragraph 8 b (new): 8b. ‘social enterprise’ means a private law entity that provides goods and services for the market in an entrepreneurial way and in accordance with the principles and features of the social economy, having social or environmental objectives as the reason for its commercial activity; social enterprises can be set up in a variety of legal forms;

AddedDirective 2008/98/EC

AddedArticle 1 – paragraph 1 – point 4, Article 9a – paragraph 1 – subparagraph 1: Member States shall take appropriate measures to prevent generation of food waste along the entire food supply chain, in primary production, in processing and manufacturing, in retail and other distribution of food, in restaurants and food services as well as in households. Those measures shall include, but not be limited to, the following:

AddedDirective 2008/98/EC

AddedArticle 1 – paragraph 1 – point 4, Article 9a – paragraph 1 – subparagraph 1 – point a: (a) developing and supporting behavioural change interventions to reduce food waste, and information campaigns to raise awareness about food waste prevention as well as food production;

AddedDirective 2008/98/EC

AddedArticle 1 – paragraph 1 – point 4, Article 9a – paragraph 1 – subparagraph 1 – point b: (b) identifying and addressing inefficiencies in the functioning of the food supply chain and support cooperation amongst all actors, while ensuring a fair distribution of costs and benefits of prevention measures, which may include: - the promotion of fruits and vegetables with external defects that are not compliant with EU or UNECE marketing standards, but still suitable and safe for local or direct consumption, as set out in Commission Delegated Regulation (EU) 2023/2429* ("ugly" fruits and vegetables); and tackling market practices that cause food waste, including those set out in Directive (EU) 2019/633** of the European Parliament and of the Council; / --------------- / * Commission Delegated Regulation (EU) 2023/2429 of 17 August 2023 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards marketing standards for the fruit and vegetables sector, certain processed fruit and vegetable products and the bananas sector, and repealing Commission Regulation (EC) No 1666/1999 and Commission Implementing Regulations (EU) No 543/2011 and (EU) No 1333/2011 (OJ L, 2023/2429, 03.11.2023, ELI: http://data.europa.eu/eli/reg_del/2023/2429/oj). / ** Directive (EU) 2019/633 of the European Parliament and of the Council of 17 April 2019 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain (OJ L 111, 25.4.2019, p. 59).

AddedDirective 2008/98/EC

AddedArticle 1 – paragraph 1 – point 4, Article 9a – paragraph 1 – subparagraph 1 – point c: (c) encouraging, food donation and ensuring redistribution for human consumption, prioritising human use over animal feed and the reprocessing into non-food products;

AddedDirective 2008/98/EC

AddedArticle 1 – paragraph 1 – point 4, Article 9a – paragraph 1 – subparagraph 1 – point d: (d) supporting training and skills development, including in local authorities, as well as facilitating access to funding opportunities, in particular for small and medium sized enterprises and social economy actors;

AddedDirective 2008/98/EC

AddedArticle 1 – paragraph 1 – point 4, Article 9a – paragraph 1 – subparagraph 1 – point d a (new): (da) encouraging and promoting innovation and technological solutions which contribute to the prevention of food waste, such as intelligent packaging intended to extend the shelf-life or to maintain or improve the condition of packaged food in accordance with Commission Regulation (EC) No 450/2009*, especially during transportation and storage, and clearer date labelling on food products and user-friendly tools to reduce confusion and facilitate the use of date markings, in accordance with Regulation (EU) 1169/2011, contributing to the prevention of unnecessary discarding of food items which are still safe for consumption. / ------------- / * Commission Regulation (EC) No 450/2009 of 29 May 2009 on active and intelligent materials and articles intended to come into contact with food (OJ L 135, 30.5.2009, p. 3).

AddedDirective 2008/98/EC

AddedArticle 1 – paragraph 1 – point 4, Article 9a – paragraph 1 – subparagraph 2: Member States shall ensure that all relevant actors in the supply chain are involved proportionately to their capacity and role in generating food waste and 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. Member States shall take appropriate measures to ensure that economic operators make available for donation unsold food that is safe for human consumption.

AddedDirective 2008/98/EC

AddedArticle 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 waste reduction targets referred to in paragraph 4, by measuring the levels of food waste on the basis of the methodology established in accordance with paragraph 3.

AddedDirective 2008/98/EC

AddedArticle 1 – paragraph 1 – point 4, Article 9a – paragraph 3: 3. The Commission is empowered to adopt delegated acts in accordance with Article 38a to amend Commission Delegated Decision (EU) 2019/1597 and supplement this Directive as regards laying down a common methodology and minimum quality requirements for the uniform measurement of food waste levels.

AddedDirective 2008/98/EC

AddedArticle 1 – paragraph 1 – point 4, Article 9a – paragraph 3 a (new): 3a. The methodology, measurement methods and data used to measure the levels of food waste referred to in paragraph 3 shall be made publicly available.

AddedDirective 2008/98/EC

AddedArticle 1 – paragraph 1 – point 4, Article 9a – paragraph 4 – point a: (a) reduce the generation of food waste in processing and manufacturing by at least 20 % in comparison to the amount generated as an annual average between 2020 and 2022.

AddedDirective 2008/98/EC

AddedArticle 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 at least 40 % in comparison to the amount generated as an annual average between 2020 and 2022.

AddedDirective 2008/98/EC

AddedArticle 1 – paragraph 1 – point 4, Article 9a – paragraph 5: 5. Where a Member State can provide data for a reference year prior to 2020, which have been collected using methods comparable to the methodology and minimum quality requirements for the uniform measurement of levels of food waste as set out in the Commission Delegated Decision (EU) 2019/1597, an earlier reference year may be used. That earlier reference year shall apply to both of the targets referred to in paragraph 4, points (a) and (b). The Member State shall notify the Commission and the other Member States of its intention to use an earlier reference year within 18 months of the entry into force of this Directive and shall provide the Commission with the data and measurement methods used to collect them and make them publicly available.