Sittings · Compare
What changed
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
on the Council position at first reading with a view to the adoptionproposal offor a directive of the European Parliament and of the Council amending Directive 2008/98/EC on waste
(06978/2/2025(COM(2023)0420 – C100139/2025C90233/2023 – 2023/0234(COD))
(Ordinary legislative procedure: secondfirst reading)
The European Parliament,
– having regard to the CouncilCommission positionproposal atto firstParliament readingand (06978/2/2025the –Council C100139/2025),(COM(2023)420),
– having regard to Article 294(2) and Article 192(1) of the opinionTreaty on the Functioning of the European EconomicUnion, andpursuant Socialto Committeewhich ofthe 25Commission Octobersubmitted 2023,the proposal to Parliament (C90233/2023),
– having regard to itsArticle position294(3) atof firstthe readingTreaty on the Commission proposal to ParliamentFunctioning andof the CouncilEuropean (COM(2023)0420),Union,
– having regard to Articlethe 294(7)opinion of the Treaty onEuropean theEconomic Functioningand ofSocial theCommittee Europeanof Union,(…),
– having regard to the provisional agreement approvedopinion byof the committee responsible under Rule 75(4)Committee of itsthe RulesRegions of Procedure,(...),
– having regard to Rule 68Rules of59 its Rules of Procedure,
– having regard to the recommendation for second readingopinion of the Committee on the Environment, ClimateAgriculture and Food SafetyRural (A100000/2025),Development,
1. Approves the Council position at first reading;
– having regard to the report of the Committee on the Environment, Public Health and Food Safety (A90000/2023),
2. Notes that the act is adopted in accordance with the Council position;
1. Adopts its position at first reading hereinafter set out;
3. Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union;
2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;
4. Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union;
3 Instructs its President to forward its position to the Council, the Commission and the national parliaments.
5. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Amendment 1
SHORT JUSTIFICATION
Proposal for a directive
The Council position at first reading reflects the agreement reached between Parliament and the Council in interinstitutional negotiations at early second-reading stage.
Recital -1 (new)
ANNEX: DECLARATION OF INPUT
Or. en
The rapporteur declares under her exclusive responsibility that she did not include in her report input from interest representatives falling within the scope of the Interinstitutional Agreement on a mandatory transparency register, or from representatives of public authorities of third countries, including their diplomatic missions and embassies, to be listed in this Annex pursuant to Article 8 of Annex I to the Rules of Procedure.
Amendment 2
Proposal for a directive
Recital 1
Or. en
Amendment 3
Proposal for a directive
Recital 1 a (new)
Or. en
Amendment 4
Proposal for a directive
Recital 1 b (new)
Or. en
Amendment 5
Proposal for a directive
Recital 9
Or. en
Amendment 6
Proposal for a directive
Recital 13
Or. en
Amendment 7
Proposal for a directive
Recital 16 a
Or. en
Amendment 8
Proposal for a directive
Recital 18 a (new)
Or. en
Amendment 9
Proposal for a directive
Recital 34 a (new)
Or. en
Amendment 10
Proposal for a directive
Recital 34 b (new)
Or. en
Amendment 11
Proposal for a directive
Recital 35 a (new)
Or. en
Amendment 12
Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive (EU) 2008/98/EC
Article 3 – paragraph 4a a (new)
Or. en
Justification
The definition of “food waste”, as in Article 3 paragraph (4a) of the current Waste Framework Directive reads as “all food as defined in Article 2 of Regulation (EC) no 178/2002 * that has become waste”.
When addressing the overarching issue of food waste reduction, it is pertinent to maintain an understanding that food which could have been eaten, but as a result of suboptimal management, has been discarded, should be defined separately as “food wastage”, as opposed to the more broadly encompassing “food waste” definition currently in place.
Therefore, there is a more practical distinction between “bio-waste”, “food waste”, and “food wastage” with these amendments.
It intentionally does not specify whether the food has already become in contact with the customer or not.
* Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety
Amendment 13
Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive (EU) 2008/98/EC
Article 3 – paragraph 4a b (new)
Or. en
Justification
The long formulation “textile, textile-related and footwear products listed in Annex IVc” is used throughout the text, however, in some parts is slightly different.
The definition of “textile products” has been added to Article 3 as to add clarity throughout the legislation, which includes, in the context of this proposal, the textile, textile-related and footwear products listed in the new Annex IVc.
It reads much clearer as simply “textile products”, and having this properly defined and thoroughly elaborated in the list in Annex IVc. The text does not separately address textile products which do not fall under this definition, and as such, in this way, the change makes it more all-encompassing.
This change has been horizontally applied throughout the Draft Report.
Amendment 14
Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive (EU) 2008/98/EC
Article 3 – paragraph 4a c (new)
Or. en
Justification
In Annex IVc, “worn clothing and other worn articles” with CN code 6309 is included.
However, ‘used textile products’ appears and is relevant in the Commission proposal, yet has not been defined. This definition allows and encourages the re-use of textile products where it is possible, appropriate, and desirable as a clear distinction from those which have been worn and used, and may not be appropriate for re-use.
It is imperative that used textile products that are re-used are not classified as waste as this is counter-factual and inhibits the encouragement of re-using textile products that are appropriate, desirable, well-preserved, and so on.
For comparison, CN 6309 in full is “worn clothing and clothing accessories, blankets and travelling rugs, household linen and articles for interior furnishing, of all types of textile materials, incl. all types of footwear and headgear, showing signs of appreciable wear and presented in bulk or in bales, sacks or similar packings (excl. carpets, other floor coverings and tapestries).
Furthermore, this distinction helps the implementation of waste hierarchy of Art. 4 of the Waste Framework Directive.
Amendment 15
Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive (EU) 2008/98/EC
Article 3 – paragraph 4b
Or. en
Justification
In Annex IVc, “worn clothing and other worn articles” with CN code 6309 is included.
However, ‘used textile products’ appears and is relevant in the Commission proposal, yet has not been defined. This definition allows and encourages the re-use of textile products where it is possible, appropriate, and desirable as a clear distinction from those which have been worn and used, and may not be appropriate for re-use.
It is imperative that used textile products that are re-used are not classified as waste as this is counter-factual and inhibits the encouragement of re-using textile products that are appropriate, desirable, well-preserved, and so on.
For comparison, CN 6309 in full is “worn clothing and clothing accessories, blankets and travelling rugs, household linen and articles for interior furnishing, of all types of textile materials, incl. all types of footwear and headgear, showing signs of appreciable wear and presented in bulk or in bales, sacks or similar packings (excl. carpets, other floor coverings and tapestries).
Furthermore, this distinction helps the implementation of waste hierarchy of Art. 4 of the Waste Framework Directive.
Amendment 16
Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive (EU) 2008/98/EC
Article 3 – paragraph 4b a (new)
Or. en
Justification
On top of horizontal change of “textile products”, adding definition of micro, small and medium producers of textiles, which make up for 88% of textile companies, but only 11% of the sectors revenues. Distinction could be helpful to ensure their fair treatment and separate requirements from the largest corporations.
Amendment 17
Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive (EU) 2008/98/EC
Article 3 – paragraph 4f a (new)
Or. en
Justification
Necessary addition of this new definition of ‘separate collection point’ as it is a term relevant for the functionality of Articles 22a-22d, and for providing clarity for Member States and companies.
Amendment 18
Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive (EU) 2008/98/EC
Article 3 – paragraph 4f b (new)
Or. en
Justification
Necessary addition of this new definition of ‘unsold textile products’ as it is a term relevant for the functionality of Articles 22a-22d, and for providing clarity for Member States and companies.
Amendment 19
Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive (EU) 2008/98/EC
Article 3 – paragraph 4f c (new)
Or. en
Amendment 20
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Directive (EU) 2008/98/EC
Article 3 – paragraph 1 – point 7
Or. en
Justification
The role of brokers and dealers must significantly change in the future of waste management policy if the EU is to achieve eliminating all illegal landfills within its Member States’ territories.
Amendment 21
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Directive (EU) 2008/98/EC
Article 3 – paragraph 1 – point 8
Or. en
Justification
Mirroring additions to Art. 3 point (8) definition of ‘dealer’.
Amendment 22
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Directive (EU) 2008/98/EC
Article 3 – paragraph 1 – point 9
Or. en
Justification
Changing drastically the roles of dealers and brokers in waste management includes horizontal changes to the parts of the Waste Framework Directive which include the role of dealers and brokers to ensure no loopholes remain.
Amendment 23
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Directive (EU) 2008/98/EC
Article 3 – paragraph 1 – point 9 a (new)
Or. en
Justification
The 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:
— 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
— a permanent site (i.e. more than one year) which is used for temporary storage of waste,
but excluding:
— facilities where waste is unloaded in order to permit its preparation for further transport for recovery, treatment or dispsal elsewhere, and
— stoarage of waste prior to recovery or treatment for a period less than three years as a general rule, or
— storage of waste prior to disposal for a period less than one year;”,
Amendment 24
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Directive (EU) 2008/98/EC
Article 3 – paragraph 1 – point 9 b (new)
Or. en
Justification
The definition of ‘illegal landfill’, building on the existing definition of ‘landfill’, which has not been altered intentionally.
Amendment 25
Proposal for a directive
Article 1 – paragraph 1 – point 2 c (new)
Directive (EU) 2008/98/EC
Article 6 – paragraph 2 – subparagraph 1 a (new)
Or. en
Justification
Art, 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.
Amendment 26
Proposal for a directive
Article 1 – paragraph 1 – point 3
Or. en
Justification
The Commission intended to delete the following paragraphs of Member States requirements for waste prevention:
(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;
(h) encourage food donation and other redistribution for human consumption, prioritising human use over animal feed and the reprocessing into non-food products;
as well as these:
5. 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.
6. 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.
8. 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.
Ensuring 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.
Amendment 27
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive (EU) 2008/98/EC
Article 9a – paragraph 1 – subparagraph 1 – point d a (new)
Or. en
Justification
Creative and innovative solutions should be encouraged. Examples such as this exist in practise already in some EU cities.
Amendment 28
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive (EU) 2008/98/EC
Article 9a – paragraph 1 – subparagraph 2 a (new)
Or. en
Justification
Second 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.”
Amendment 29
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive (EU) 2008/98/EC
Article 9a – paragraph 1 a (new)
Or. en
Justification
Luxury establishments disproportionately cause more food waste, whilst having feasible capacities to address this.
In 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.
Amendment 30
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive (EU) 2008/98/EC
Article 9a – paragraph 2
Or. en
Justification
A 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.
Amendment 31
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive (EU) 2008/98/EC
Article 9 a – paragraph 3
Or. en
Justification
The 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).
Amendment 32
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive (EU) 2008/98/EC
Article 9a – paragraph 3 a (new)
Or. en
Justification
The delegated act* that was adopted needs to be updated though.
* 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).
Amendment 33
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive (EU) 2008/98/EC
Article 9a – paragraph 4 – introductory paragraph
Or. en
Justification
A 10-year target makes more sense.
Amendment 34
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive (EU) 2008/98/EC
Article 9a – paragraph 4 – point a
Or. en
Justification
Having 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.
Furthermore, the methodology as in the current delegated act*
* 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).
Amendment 35
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive (EU) 2008/98/EC
Article 9a – paragraph 4 – point b
Or. en
Justification
As above.
Amendment 36
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive (EU) 2008/98/EC
Article 9a – paragraph 4 – subparagraph 2 a (new)
Or. en
Justification
This 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.
Farmers 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.
Amendment 37
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive (EU) 2008/98/EC
Article 9a – paragraph 5 a (new)
Or. en
Amendment 38
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive (EU) 2008/98/EC
Article 9a – paragraph 6 a (new)
Or. en
Justification
The 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.
In 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.
Also in reporting and monitoring, seasonal of tourists, etc.
Amendment 39
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive (EU) 2008/98/EC
Article 9a – paragraph 7
Or. en
Justification
The 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.
Amendment 40
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive (EU) 2008/98/EC
Article 11 – paragraph 1
Or. en
Justification
Article 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.”
Whilst 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.
Amendment 41
Proposal for a directive
Article 1 – paragraph 1 – point 5 a (new)
Directive (EU) 2008/98/EC
Article 11 – paragraph 7 – subparagraph 1
Or. en
Justification
31 December 2028 is far too late, and bringing the deadline forward to 31 December 2025 is far more reasonable.
Amendment 42
Proposal for a directive
Article 1 – paragraph 1 – point 5 a (new)
Directive (EU) 2008/98/EC
Article 11 – paragraph 7 – subparagraph 2
Or. en
Justification
The advancements in technologies to allow the recycling of such minerals are progressing, are incredibly important for the environment.
Amendment 43
Proposal for a directive
Article 1 – paragraph 1 – point 5 b (new)
Directive (EU) 2008/98/EC
Article 11 – paragraph 7 a (new)
Or. en
Justification
The 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.
15 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.
Amendment 44
Proposal for a directive
Article 1 – paragraph 1 – point 5 c (new)
Directive (EU) 2008/98/EC
Article 11a – paragraph 6
Or. en
Justification
The 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.
The 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.
Amendment 45
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive (EU) 2008/98/EC
Article 11 b – paragraph 1
Or. en
Justification
Article 9a(4) is the new food waste reduction target.
Article 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.
Article 11(3) gives Member State option to postpone these targets by 5 years under certain circumstances.
We need this information in those reports much sooner.
Amendment 46
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Directive (EU) 2008/98/EC
Article 12 a (new)
Or. en
Justification
With 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.
Amendment 47
Proposal for a directive
Article 1 – paragraph 1 – point 6 b (new)
Directive (EU) 2008/98/EC
Article 15 – paragraph 4 a (new)
Or. en
Amendment 48
Proposal for a directive
Article 1 – paragraph 1 – point 6 b (new)
Directive (EU) 2008/98/EC
Article 15 – paragraph 4 b (new)
Or. en
Amendment 49
Proposal for a directive
Article 1 – paragraph 1 – point 6 c (new)
Directive (EU) 2008/98/EC
Article 15 a (new)
Or. en
Justification
No 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.
Providing 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.
Different scenarios may be appropriate in more rural or less densely populated areas.
Amendment 50
Proposal for a directive
Article 1 – paragraph 1 – point 6 d (new)
Directive (EU) 2008/98/EC
Article 17 – paragraph 1 a (new)
Or. en
Amendment 51
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22a – paragraph 1
Or. en
Justification
There is inconsistency in the Commission text, which must be clarified. EPR now applies to all textile products, and these are listed in Annex IVc.
Amendment 52
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22a – paragraph 2
Or. en
Justification
Implementing 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.
Amendment 53
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22a – paragraph 4 – introductory paragraph
Or. en
Justification
Horizontal change.
Amendment 54
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22a – paragraph 4 – point a
Or. en
Justification
Horizontal change.
Amendment 55
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22a – paragraph 4 – point a – point 1
Or. en
Justification
In 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.
Amendment 56
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22a – paragraph 4 – point a – point 2
Or. en
Justification
Differentiation of re-use of used textile products, which are not waste, from waste textiles.
Amendment 57
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22a – paragraph 4 – point a – point 3
Or. en
Justification
Horizontal technical correction.
.
Amendment 58
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22a – paragraph 4 – point b
Or. en
Justification
This method of calculating collection target is not reliable just yet. The change is related to the change in Art. 22c (8).
Amendment 59
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22a – paragraph 4 – point c
Or. en
Amendment 60
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22a – paragraph 4 – point e a (new)
Or. en
Justification
Taking the reuse fund as a good practice example, Member States may choose to allocate a sufficient amount of EPR fees to repair and reuse operations to make them more attractive for consumers, more profitable for businesses and create local jobs.
Amendment 61
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22a – paragraph 5
Or. en
Justification
Horizontal change, as well as the indication of the deadline was removed because it duplicated the provision in Article 22a (8).
Amendment 62
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22a – paragraph 6
Or. en
Amendment 63
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22 a – paragraph 7 – introductory part
Or. en
Justification
Horizontal change.
Amendment 64
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22a – paragraph 7 – point b
Or. en
Justification
Horizontal change.
Amendment 65
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22a – paragraph 8
Or. en
Justification
Member states should be given sufficient time to implement the directive's provisions. In addition, the change is related to the postponement of the transposition deadline.
Thirty months after entry into force would be around 2027 (if Directive adopted by mid-2024), enabling cohesion with the timeframe of necessary implementing acts.
Amendment 66
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22b – title
Or. en
Amendment 67
Proposal for a directive
Article 1 –paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22b – paragraph 1 – subparagraph 1
Or. en
Amendment 68
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22b – paragraph 1 – subparagraph 2 a (new)
Or. en
Justification
A mechanism should be introduced for the transmission of information on links to national registers between Member States. The establishment of such a mechanism is necessary in order for Member States to fulfil this obligation.
Amendment 69
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22b – paragraph 2
Or. en
Justification
Horizontal change.
Amendment 70
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22b – paragraph 3
Or. en
Justification
Horizontal change.
Amendment 71
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22b – paragraph 4 – point c
Or. en
Justification
Horizontal change.
Amendment 72
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22b – paragraph 4 – point d
Or. en
Justification
This has been clarified because according to paragraph 5, the manufacturer is not required to designate an organisation.
Amendment 73
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22b – paragraph 10
Or. en
Justification
Unnecessary to the functionality of Art. 22b. If anything, commonalities can be listed in amendments as bullet points.
Amendment 74
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22c – paragraph 1
Or. en
Justification
Horizontal change.
Amendment 75
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22c – paragraph 3 – introductory part
Or. en
Justification
Horizontal change.
Amendment 76
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22c – paragraph 3 – point a
Or. en
Justification
Consistency of separating textile waste from textile products.
Amendment 77
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22c – paragraph 3 – point c
Or. en
Justification
Horizontal change.
Amendment 78
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22c – paragraph 5 – subparagraph 1 – introductory part
Or. en
Justification
Horizontal change.
Amendment 79
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22c – paragraph 5 – subparagraph 1 – point a
Or. en
Justification
Combining the collection of products (used clothes) and waste (waste clothes) seems to contradict the idea of waste prevention and will artificially inflate the amount of textile waste. The first category (used clothing) is not waste, it can be re-used and this is a waste prevention measure. Here, it would be more appropriate to promote the exchange of such clothing between users through social initiatives or through producers or organisations through which producers operate. This should not be mixed up with waste activities. From waste clothing (which is waste), some clothing can be prepared for re-use, but this is recovery.
Amendment 80
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22c – paragraph 5 – subparagraph 1 – point b
Or. en
Justification
More suitable with added definition of “separate collection points”.
However, some uncertainties remain, if "mobile / travelling" collections of used textiles are organised (e.g. bags of used textiles are put out in front of houses on a certain day), how will this be treated? Will each place where the bags are put out (in front of the house) have to meet the requirements for "collection points"?
Amendment 81
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22c – paragraph 5 – subparagraph 1 – point c
Or. en
Amendment 82
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22c – paragraph 5 – subparagraph 1 – point c a (new)
Or. en
Justification
In practise, at separate collection points, persons leaving bags of textiles will inevitably, to greater and lesser extents, mix up used textile products suitable for reuse and waste textile products which are not, even with good intention, it might be difficult for people to tell apart.
Nevertheless, enabling initial separation of used textile products suitable for reuse and waste textile products which are not will likely accelerates the process of sorting operations, which would still have to take happen regardless.
Amendment 83
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22c – paragraph 6 – point a
Or. en
Justification
Horizontal change.
Amendment 84
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22c – paragraph 6 – point b
Or. en
Justification
Horizontal change.
Amendment 85
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22c – paragraph 8
Or. en
Justification
The proposed method of calculating targets based on morphology is unreliable. Therefore, a method of calculation similar to those specified in other post-consumer waste directives has been proposed.
Amendment 86
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22c – paragraph 9
Or. en
Justification
It is important to adopt implementing acts before the deadline for transposing the directive so that member states can implement it correctly.
Amendment 87
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22c – paragraph 11
Or. en
Justification
Horizontal change.
Amendment 88
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22c – paragraph 12
Or. en
Justification
Some form of registration should be retained. Separate collection points do not need to obtain any permissions, but a list of them should be available to Member States.
Amendment 89
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22c – paragraph 13 – introductory part
Or. en
Justification
Horizontal change.
Amendment 90
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22c – paragraph 13 – point b
Or. en
Justification
Horizontal change.
Amendment 91
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22c – paragraph 13 – point c
Or. en
Justification
Horizontal change.
Amendment 92
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22c – paragraph 13 – point d
Or. en
Justification
Horizontal change.
Amendment 93
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22c – paragraph 15
Or. en
Justification
Horizontal change.
Amendment 94
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22c – paragraph 17 – point a
Or. en
Justification
The information that should be published by organisations has been clarified.
Amendment 95
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22c – paragraph 19
Or. en
Justification
Horizontal change.
Amendment 96
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22d – paragraph 1
Or. en
Justification
Art. 11 par. 1 subpar. 3, as is in the original text of the Waste Framework Directive, indicated that Member States are to introduce separate collection for textiles by 1 January 2025. The difference now is that this amendment has also added the new provisions in the Draft Report regarding a separate collection point which may also differentiate used textile products from waste textile products, whilst lining up with the new timeframes.
Amendment 97
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22d – paragraph 2
Or. en
Justification
The requirements referred to in Article 22d(1) and (2) will in some cases involve the retrofitting of separate municipal waste collection points and construction work.
Funding for such activities would already have to be secured by municipalities this year (2023), which is not possible due to the stage of work on this project (and there must first be new requirements transposed into national law in order for action to be taken).
It is therefore proposed to insert a deadline depending on the transposition deadline of the Directive (e.g. 36 months) instead of the specific deadline currently indicated.
Amendment 98
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22d – paragraph 3 – subparagraph 1
Or. en
Justification
This point would have artificially inflated the amount of textile waste without these changes in this amendment. In addition, charities collecting used clothing will have to comply with the requirements for waste collectors.
Necessary to have distinction of used textile products, which never become waste, and waste textile products, to be realised as much as possible.
Amendment 99
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22d – paragraph 3 – subparagraph 2
Or. en
Justification
Horizontal change.
Amendment 100
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22d – paragraph 4
Or. en
Justification
In general, sorting operations refer to waste. If social (charitable) institutions only accept second-hand textiles (by verifying their quality right away when accepting them and not accepting textile waste), why else sort them - unnecessarily consuming energy, human labour, etc.?
Amendment 101
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22d – paragraph 5 – introductory part
Or. en
Amendment 102
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22d – paragraph 5 – point a
Or. en
Amendment 103
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22d – paragraph 5 – point b
Or. en
Justification
Horizontal change.
Amendment 104
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22d – paragraph 6
Or. en
Justification
It is unrealistic to carry out the tests within this timeframe.
In order to analyse the morphology of mixed municipal waste, the studies need to last a full calendar year. The methodology for such studies must also be prepared (the preamble mentions NUTS2, Annex IVc lists the types of textiles to be considered) and funding must be provided (and tendering procedures taken into account), so the work to carry out such studies would have to start already (to meet the proposed deadline), which is not possible as the final text of the amendments to the Directive is not known.
It is proposed to insert a deadline depending on the deadline for transposition of the Directive (e.g. 36 months) instead of the current specific deadline indicated in Article 22d paragraph (6).
In addition, the question arises as to why morphology surveys should be carried out only because of textiles? It seems that they should also apply to other fractions, e.g. food waste. In that case, the question of covering costs remains. As indicated in the commentary to Article 22c, paragraph 8 - rates should be calculated on the basis of textiles placed on the market.
Therefore, this paragraph 6 would be unnecessary.
Such a mechanism creates unnecessary costs on the part of administration and business.
Amendment 105
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22d – paragraph 7
Or. en
Justification
Horizontal change.
Amendment 106
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22d – paragraph 8 – introductory part
Or. en
Justification
Horizontal change.
Amendment 107
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22d – paragraph 8 – point a
Or. en
Justification
Horizontal change.
Amendment 108
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22d – paragraph 8 – point b
Or. en
Justification
Charitable organisations and crisis response, including for victims of natural disasters, should have total flexibility and exemption from any hindrances in operating.
In addition, this provision, without the amendment, may result in a reduction in foreign aid in the form of second-hand clothing provided by charities.
“Prior sorting” as opposed to “sorting” appears only here in the whole text, and as such, it feels as though it is not necessary, does not change the meaning, and reads clearer being consistent with the whole text.
Amendment 109
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22d – paragraph 8 – point c
Or. en
Justification
Horizontal change.
Amendment 110
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22d – paragraph 9 – introductory part
Or. en
Justification
Horizontal change.
Amendment 111
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22d – paragraph 9 – point a
Or. en
Justification
Horizontal change.
Amendment 112
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22d – paragraph 9 – point b – point 1
Or. en
Justification
Horizontal change.
Amendment 113
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22d – paragraph 9 – point b – point 2
Or. en
Justification
Horizontal change.
Amendment 114
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22d – paragraph 10
Or. en
Justification
Horizontal change.
Amendment 115
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2008/98/EC
Article 22 d a (new)
Or. en
Justification
Member 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.
The 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.
Indicative textile waste prevention targets which are feasible would be achieved as a result of the additional measures brought about by Articles 22a - 22d.
Amendment 116
Proposal for a directive
Article 1 – paragraph 1 – point 7 a (new)
Directive (EU) 2008/98/EC
Article 23 – paragraph 5 a (new)
Or. en
Justification
Whilst 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.
Amendment 117
Proposal for a directive
Article 1 – paragraph 1 – point 7 a (new)
Directive (EU) 2008/98/EC
Article 23 – paragraph 5 b (new)
Or. en
Justification
As 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.
Amendment 118
Proposal for a directive
Article 1 – paragraph 1 – point 7 b (new)
Directive (EU) 2008/98/EC
Article 23 a (new)
Or. en
Justification
Whilst 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.
Amendment 119
Proposal for a directive
Article 1 – paragraph 1 – point 7 c (new) – point a (new)
Directive (EU) 2008/98/EC
Article 26 – paragraph 1 – introductory part
Or. en
Justification
Rest of the paragraph reads:
(a) establishments or undertakings which collect or transport waste on a professional basis;
(b) dealers or brokers; and
(c) establishments or undertakings which are subject to exemptions from the permit requirements pursuant to Article 24.
Amendment 120
Proposal for a directive
Article 1 – paragraph 1 – point 7 c (new) – point b (new)
Directive (EU) 2008/98/EC
Article 26 – paragraph 1 – point b
Or. en
Justification
Rest of the paragraph reads:
(a) establishments or undertakings which collect or transport waste on a professional basis;
(c) establishments or undertakings which are subject to exemptions from the permit requirements pursuant to Article 24.
Amendment 121
Proposal for a directive
Article 1 – paragraph 1 – point 7 c (new) – point c (new)
Directive (EU) 2008/98/EC
Article 26 – paragraph 2 a (new)
Or. en
Amendment 122
Proposal for a directive
Article 1 – paragraph 1 – point 7 d (new)
Directive (EU) 2008/98/EC
Article 26 a (new)
Or. en
Justification
Whilst 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.
Amendment 123
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive (EU) 2008/98/EC
Article 29 – paragraph 2 a
Or. en
Justification
No need to delete this fragment, as it is done via Art. 29a.
Amendment 124
Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive (EU) 2008/98/EC
Article 29a – paragraph 1
Or. en
Amendment 125
Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive (EU) 2008/98/EC
Article 29a – paragraph 1 a (new)
Or. en
Amendment 126
Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive (EU) 2008/98/EC
Article 29a – paragraph 2
Or. en
Amendment 127
Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive (EU) 2008/98/EC
Article 29a – paragraph 3 a (new)
Or. en
Justification
EU institution buildings must be subject to set the highest example in the requirements laid out.
Amendment 128
Proposal for a directive
Article 1 – paragraph 1 – point 9 a (new)
Directive (EU) 2008/98/EC
Article 32 a (new)
Or. en
Justification
It 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.
Amendment 129
Proposal for a directive
Article 1 – paragraph 1 – point 9 a (new)
Directive (EU) 2008/98/EC
Article 32 b (new)
Or. en
Amendment 130
Proposal for a directive
Article 1 – paragraph 1 – point 9 b (new)
Directive (EU) 2008/98/EC
Article 34 – paragraph 1 a (new)
Or. en
Justification
Drastic and harsh rules are needed.
The formulation”the national authorities’ environmental inspectorates and those undertaking controls and checks” is intended to ensure adjustability to each Member State.
Amendment 131
Proposal for a directive
Article 1 – paragraph 1 – point 9 c (new)
Directive (EU) 2008/98/EC
Article 35 – paragraph 1 – subparagraph 1 a
Or. en
Justification
New role for dealers and brokers
Amendment 132
Proposal for a directive
Article 1 – paragraph 1 – point 9 d (new)
Directive (EU) 2008/98/EC
Article 36 a (new)
Or. en
Amendment 133
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a
Directive (EU) 2008/98/EC
Article 37 – paragraph 3 – subparagraph 1
Or. en
Justification
Member 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.
Amendment 134
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a a (new)
Directive (EU) 2008/98/EC
Article 37 – paragraph 3 a (new)
Or. en
Amendment 135
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point b
Directive (EU) 2008/98/EC
Article 37 – paragraph 7
Or. en
Justification
It is important to adopt implementing acts before the deadline for transposing the directive so that member states can implement it correctly.
Amendment 136
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Directive (EU) 2008/98/EC
Article 38a – paragraphs 2 and 3
Or. en
Justification
Clerical 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.
Art. 9a par. 3 is removed.
Amendment 137
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Directive (EU) 2008/98/EC
Article 38a – paragraph 3
Or. en
Justification
Art. 9a par. 3 is removed.
Amendment 138
Proposal for a directive
Article 1 – paragraph 10
Directive (EU) 2008/98/EC
Annex IVc
Text proposed by the Commission
ANNEX IVc
Products that fall within the scope of the extended producer responsibility for certain textile, textile-related and footwear products
Part 1
Household textile products, and textile articles of apparel and clothing accessories that fall within the scope of Article 22a
Part 2
Footwear, and articles of apparel and clothing accessories whose main composition is not textile within the scope of Article 22a
Amendment
ANNEX IVc
Products that fall within the scope of the extended producer responsibility for certain textile products
Part 1
Household textile products that fall within the scope of Article 22a
Part 2
Footwear, and articles of apparel and clothing accessories whose main composition is not textile within the scope of Article 22a
Or. en
Justification
Consistency of tidying up the text, changing to “textile products”.
Also 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.
Amendment 139
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1
Or. en
Justification
Transposition time needs to be proportionate to the undertaking, allowing for national procedures in all Member States, yet also sufficiently swift.
18 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.
The issuance of these necessary implementing acts before the transposition deadline will allow Member States to fully prepare their national regulations more swiftly than without.
EXPLANATORY STATEMENT
The Rapporteur of the European Parliament, Mrs. Anna Zalewska MEP, intends to introduce some targeted as well as overhauling changes in the ‘Draft Report on the proposal for a directive of the European Parliament and of the Council amending Directive 2008/98/EC on waste (COM(2023) 420 – C9 0233/2023 – 2023/0234(COD))’, i.e. the Draft Report of the review of the Waste Framework Directive.
Firstly, Mrs. Zalewska brings in changes to the areas in which the Commission proposal had focused on; the new provisions pertaining to food and textile waste. The Rapporteur’s changes include improvements to the actual practicality and functionality of provisions on waste reduction programmes, as well as mandating improved methodologies, as to properly enable the pursuit of reduction targets by Member States.
Secondly, the Rapporteur is introducing several overhauling changes to the Waste Framework Directive which pertain to noticeable shortcomings in its current functionality. The Rapporteur namely introduces an objective for the Union and Member States to eliminate illegal landfills in the EU as well as several technical improvements in practises regarding management of municipal waste.
Thirdly, broader changes such as fostering technological innovation and creative solutions as well as information campaigns are also implemented with a view of elevating the profile of waste management and prevention in the Union’s environment policies, as its shortcomings or achievements are immediately evident.
1. changes to Commission proposal
1.1 food waste (Art. 9a, Art. 29a, relevant parts of Art. 3 and Art. 9)
1.1.1 differentiating “food wastage” (food which could have been eaten) from just “food waste” (non-edible parts) more distinctly;
1.1.2 for the targets in Art. 9a par. 4, changing base year from 2020 to 2025, and changing target date from 2030 to 2035;
1.1.3 new Union-wide food waste reduction target by 2035, clarified by 2030 with greater data availability by then;
1.1.4 methodology in Commission Delegated Decision (EU) 2019/1597 of 3 May 2019 requires proper referencing as well as an update in Art. 9a;
1.1.5 taking into consideration seasonal tourist hikes, influxes of refugees and migrants, when accounting for targets in Art. 9a par. 4;
1.1.6 clear distinction for farmers, primary production in Art. 9a par. 4;
1.1.7 clarification that pressure is on those that can better predict clients, buffet style catering, not regular restaurants, as well as attention paid to luxury establishments, yachts, private planes, etc. in Art. 9a;
1.1.8 encouraging the use of food waste for bio-gas, bio-fuels; encouraging technological solutions e.g. phone apps enabling selection of food before expiry;
1.1.9 protecting individual consumers following changes, avoiding food price hikes;
1.2 textile waste (Art. 22a - 22d, Annex IVc, relevant parts of Art. 3 and Art. 11)
1.2.1 horizontal changes including “textile products” instead of “textiles, textile-related, and footwear products listed in Annex IVc”, and “preparing for reuse” rather than “preparation for reuse” as the correct formulation;
1.2.2 adding “used textile products” definition to ensure it is not regarded as waste as it is counterfactual, usage of suitable used textile products and second hand purchasing should be encouraged;
1.2.3 addition of “separate collection point” for textiles; deletion of Commission’s deletion of Member States’ introducing separate collection for textiles in Art. 11 and ensuring consistency with Art. 22d par. 1, banning mix of used and waste textile products, giving deadline for implementing act in Art. 22c par. 9;
1.2.4 optionality for micro and SME producers for textiles EPR scheme, exemptions for collection of donations for victims of natural disasters and others;
1.2.5 adjusting to transposition time for Member States to be in line with necessary implementing act;
1.2.6 additions to Annex IVc, however, future delegated acts should not expand its scope as adjusting EPR schemes;
1.2.7 allocating part of EPR fees to a fund for reuse and repair operations;
1.2.8 focusing to weight, rather than number of textile products in Art. 22c par. 17; Member State information sharing of national register, clarifying information shared by PROs;
1.2.9 introduction of Union-wide indicative target for textile waste reduction for 2040
1.3 fixing inadequate reporting and monitoring (Art. 37, relevant parts of Art. 11, Art. 11b)
1.3.1 Art. 37 par. 3 on Member States not reporting quantitative data on re-use of textiles has been removed;
1.3.2 deadline for implementing act in Art. 37 par. 7;
1.4 transposition time change to be related to necessary implementing acts;
1.5 changes to Article 2 of the Waste Framework Directive have been intentionally left as is in the Commission proposal.
2. changes to original Waste Framework Directive beyond Commission proposal
2.1 eliminating illegal landfills in the EU (new art. 12a, new art. 23a, new 26a, changes to art. 3, art. 17, art. 23, art. 34, art. 35)
2.1.1 introducing definition of illegal landfills, adding a new landfill register;
2.1.2 adding rigidity and requirements regarding permits in Art. 23 (and as in Art. 9 in Landfill Directive);
2.1.3 changing role of dealers and brokers (expanding definition), all must be on a new register in Art. 26a, requirements of Member States to share information of register with each other;
2.1.4 stricter enforcement of sound treatment of hazardous waste, with stricter monitoring of backfilling via groundwater quality and video monitoring in Art. 15, and introducing a deposit system for proof of sound treatment of waste as well as liability and responsibility of producers in Art. 17;
2.1.5 use of penalties, creating targeted fund for waste, additional requirements of dealers and brokers, corporate due diligence on reporting waste management;
2.1.6 more powers to environment protection inspectorates of national authorities;
2.1.7 introducing additional inspections in Art. 34; use of drones and satellite imagery, encouraging new technologies for monitoring; making reporting of illegal landfill sites easier;
2.1.8 addressing trans-border waste issues (intra-EU, extra-EU), relation to revision of Waste Shipment Regulation;
2.2 municipal waste improvement (Art. 11, Art. 11a, new Art. 15a)
2.2.1 municipal waste collection practises require upgrading; encouraging phasing out collection of municipal waste via placing on the street, promoting containers, health concern for humans in new art. 15a;
2.2.2 giving deadline for Commission and EEA reporting obligation on progress towards achieving targets Art. 9a par. 4, Art. 11 par. 2 pts. (c), (d), and (e), and Art. 11 par. 3; (alongside accelerating from 2028 to 2025 Commission’s obligation to review municipal recycling targets)
2.2.3 adding the use of minerals from incinerated municipal waste to being counted as recycling, if used in cement for construction in Art. 11a; giving a deadline for the existing Commission’s obligation to put forward the tight methodology;
2.2.4 mandating Commission analysis by end of 2025 in Art. 11 of producing alternative fuels from different wastes, in line with the analyses mandated for municipal waste;
3. broader changes in waste management as new additions to original Waste Framework Directive beyond Commission proposal
3.1 immediate requirements for EU institution buildings in each Member State to be exemplary in waste management, ensuring food wastage is as close to zero as possible;
3.2 encouraging innovative projects and creative solutions in new Art. 32a for waste management;
3.2.1 Commission support to foster projects from EU funds, especially technological advancements (including projects to clean up rivers, sea shores, lakes, etc.);
3.3 ensuring financial and technical support for Member States;
3.4 enabling information and education campaigns in new Art. 32b, including encouraging thrift shop purchasing, increasing knowledge and active participation of public.
All in all, it is the hope of the Rapporteur that the Parliament, together with the Council and Commission, to bring about a much needed turning point in the fight against waste pollution with policy changes that would markedly improve the way the Union undergoes its waste prevention and waste management programmes.
Waste prevention and management, regarding each waste type, is arguably the most pivotal policy tool in the pursuit of protecting the environment and human health in the Union.
ANNEX: LIST OF ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT
The following list is drawn up on a purely voluntary basis under the exclusive responsibility of the rapporteur. The rapporteur has received input from the following entities or persons in the preparation of the draft report: