Sittings · Document

OPINION (COM(2023)420 – C90233/2023 – 2023/0234(COD)) 2024-01-25

On the proposal for a directive of the European Parliament and of the Council amending Directive 2008/98/EC on waste

Committee on Agriculture and Rural Development · Rapporteur: Clara Aguilera

SHORT JUSTIFICATION

The Rapporteur welcomes the revision of the Waste Framework Directive proposed by the Commission to reduce the environmental and climate impact of food systems associated with the generation of food waste as well as the setting of legally binding food waste reduction targets for Member States by 2030.

Food waste constitutes an ‘inefficiency’ in the food chain, which has economic, social and environmental consequences, as it is a waste of the work done by farmers in the production of food and a misuse of the natural resources consumed in this process. According to the two available estimates (dating from 2012 and 2022), food waste in the EU amounts to between 88 and 153.5 million tonnes per year. The associated costs total EUR 143 billion per year. This amount of food waste accounts for around 227 million tonnes of CO2, or around 6 % of total EU emissions.

The European Parliament has consistently supported the reduction of food waste. Reducing food loss and waste is an integral part of the EU Farm to Fork Strategy 2020 for a fair, healthy and environmentally friendly food system.

The setting of specific targets is expected to lead each Member State to take ambitious measures tailored to its specific national situation, thereby reinforcing efforts and expanding effective strategies, leaving Member States full flexibility in the selection of measures in the review of their food waste prevention programmes with a view to achieving the reduction targets.

The rapporteur for the opinion of the Committee on Agriculture and Rural Development strongly welcomes the fact that the proposal excludes the primary sector from the reduction targets and calls for Member States to be encouraged to put greater emphasis on training to prevent food waste.

Considering that 2020 is the first year in which food waste measurement data is available from Member States, as there was no obligation to quantify food waste before, the rapporteur agrees with the reference year, 2020, as set out in the proposal.

The rapporteur considers the proposed objectives to be reasonable. However, the rapporteur proposes that the 30 % target be applied separately to each of the stages in the food supply chain referred to in Article 9a(4)(b) so as to ensure a fair distribution of the burden of responsibility and a fair breakdown of the progress achieved at each stage.

AMENDMENTS

The Committee on Agriculture and Rural Development calls on the Committee on Environment, Public Health and Food Safety, as the committee responsible, to take the following into account:

Amendment 1

Proposal for a directive

Recital 3

Text proposed by the Commission	Amendment
(3) Having regard to 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, 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.	(3) Having regard to the negative effects of food waste on society, the economy and the environment, 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, 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 and progress made in their implementation should be assessed periodically.

Amendment 2

Proposal for a directive

Recital 7

Text proposed by the Commission	Amendment
(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 rather than eliciting 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, including public-private partnerships and citizen engagement as well adaptation to specific regional needs such as outermost regions or islands.	(7) Member States have developed materials and carried out campaigns targeting food waste prevention for consumers and food business operators; however, these mainly focus on raising awareness rather than eliciting behavioural change. In order to reach the full potential for reducing food waste and ensure progress over time, school-led 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, provincial and local circular solutions, including public-private partnerships and citizen engagement as well as adaptation to specific regional needs such as outermost regions or islands.

Amendment 3

Proposal for a directive

Recital 8

Text proposed by the Commission	Amendment
(8) Despite the growing awareness of the negative impacts and consequences of food waste, the political commitments made at EU and Member State levels, and Union measures implemented since the 2015 Circular Economy Action Plan, food waste generation is not sufficiently decreasing to make significant progress towards achieving Target 12.3 of the UN Sustainable Development Goal (SDG) 12. In order to ensure significant contribution towards the attainment of SDG Target 12.3, the measures to be taken by Member States should be strengthened to make progress in the implementation of this Directive and of other appropriate measures to reduce food waste generation.	(8) Despite the growing awareness of the impact of food waste, the political commitments made at EU and Member State levels, and Union measures implemented since the 2015 Circular Economy Action Plan, food waste generation has not sufficiently decreased to make significant progress towards achieving Target 12.3 of the UN Sustainable Development Goal (SDG) 12. In order to ensure significant contribution towards the attainment of SDG Target 12.3, the measures to be taken by Member States should be strengthened and supported by the EU, including through financial incentives, to make progress in the implementation of this Directive and of other appropriate measures to reduce food waste generation.

Amendment 4

Proposal for a directive

Recital 9

Text proposed by the Commission	Amendment
(9) In order to achieve results in the short term, and to give food business operators, consumers and public authorities the necessary perspective for the longer term, quantified targets for reduction of food waste generation, to be achieved by Member States by 2030, should be set.	(9) In order to achieve results in the short and medium term, and to give food business operators, consumers and public authorities the necessary perspective for the longer term, quantified targets for reduction of food waste generation, to be achieved by Member States by 2030 at the latest, in view of the needs both of consumers and of economic operators, should be set. In addition, mechanisms should be established to allocate appropriate financial and technological resources to support the implementation of these objectives and to ensure that Member States have the necessary capacity to make the proposed changes.

Amendment 5

Proposal for a directive

Recital 9 a (new)

Text proposed by the Commission	Amendment
	(9a) There is less and less general awareness of food waste prevention. That is why targeted and regular campaigns and information are needed for every age group.

Amendment 6

Proposal for a directive

Recital 10

Text proposed by the Commission	Amendment
(10) Having regard to the Union’s commitment to the ambition set out in SDG Target 12.3, the setting of food waste reduction targets to be achieved by Member States by 2030 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 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). The establishment of legally binding targets should thus follow a step-wise approach, starting with a level which is lower than the one set under the SDG, with a view to ensuring a consistent response of Member States and tangible progress towards Target 12.3.	(10) Having regard to the Union’s commitment to the ambition set out in SDG Target 12.3, the setting of food waste reduction targets to be achieved by Member States by 2030 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 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). In addition, a distinction must be made between avoidable and unavoidable food losses. The establishment of legally binding targets should thus follow a step-wise approach, starting with a level which is lower than the one set under the SDG, with a view to ensuring a consistent response of Member States and tangible progress towards Target 12.3.

Justification

A clear distinction between avoidable and unavoidable food losses is necessary, also for reasons of proportionality.

Amendment 7

Proposal for a directive

Recital 10 a (new)

Text proposed by the Commission	Amendment
	(10a) Agricultural production placed on the market for sale depends on a series of natural, legal and operational factors beyond farmers' control. To be placed on the market and sold to consumers, most agri-food products must conform to strict Union or international marketing standards. In particular, fruit and vegetable products which are intended to be sold fresh to the consumer may only be marketed if they are sound, fair and of marketable quality and if their country of origin is indicated. Products sold locally and directly by producers to consumers are exempt from marketing standards. Some products affected by natural disasters or other exceptional circumstances are also exempt, if their consumption is safe. Therefore, agricultural products which cannot be marketed for food consumption because they do not conform to the current rules and products which cannot be used for uses other than as food, such as for energy production from biomass, should not be considered waste.

Amendment 8

Proposal for a directive

Recital 10 b (new)

Text proposed by the Commission	Amendment
	(10b) Disparities in bargaining power between suppliers and buyers of agricultural and food products still persist in food supply chains across the EU. 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 must 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.

Amendment 9

Proposal for a directive

Recital 10 c (new)

Text proposed by the Commission	Amendment
	(10c) Having regard to the work of the European Economic and Social Committee and the European Food Security Crisis preparedness and response Mechanism, whereby the contribution of packaging in reducing food waste and ensuring food supply and security has been recognised;

Amendment 10

Proposal for a directive

Recital 10 d (new)

Text proposed by the Commission	Amendment
	(10d) The results obtained by all actors in the agri-food chain to reduce food loss and waste, in line with UN Sustainable Development Goal 12.3.

Amendment 11

Proposal for a directive

Recital 11 a (new)

Text proposed by the Commission	Amendment
	(11a) The larger the amounts of food waste reduction, the higher are the decreases in food expenditure shares of households1a
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	1a https://publications.jrc.ec.europa.eu/repository/bitstream/JRC133971/JRC133971_01.pdf

Amendment 12

Proposal for a directive

Recital 11 b (new)

Text proposed by the Commission	Amendment
	(11b) Reducing food waste at any point along the food supply chain yields significant positive environmental impact2a
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	2a https://publications.jrc.ec.europa.eu/repository/bitstream/JRC133971/JRC133971_01.pdf

Amendment 13

Proposal for a directive

Recital 11 c (new)

Text proposed by the Commission	Amendment
	(11 c) A significant percentage of produce is discarded for cosmetic reasons including weird shapes, odd colors, or blemishes. Such food waste should be totally avoided

Amendment 14

Proposal for a directive

Recital 12

Text proposed by the Commission	Amendment
(12) Bearing in mind the interdependence between the distribution and consumption stages in the food supply chain, in particular the influence of retail practices on consumer behaviour and the relation between food consumption in- and out-of-home, it is advisable to set up one joint target for these stages of the food supply chain. Setting separate targets for each of these stages would add unnecessary complexity and would limit Member States’ flexibility in focusing on their specific areas of concern. In order to avoid that a joint target results in excessive burden on certain operators, Member States will be advised to consider the principle or proportionality in setting up measures to reach the joint target.	(12) Despite the interdependence between the distribution and consumption stages in the food supply chain, in particular the influence of retail practices on consumer behaviour and the relation between food consumption in- and out-of-home, it is advisable to set up one joint target for these stages of the food supply chain. Setting separate targets for each stage would add unnecessary complexity and would limit Member States’ flexibility in focusing on their specific areas of concern. In order to avoid that a joint target results in excessive burden on certain operators, Member States will be advised to consider the principle of proportionality to ensure a fair and realistic distribution of responsibility and accountability with due consideration of small and micro enterprises operating in the food supply chain.

Amendment 15

Proposal for a directive

Recital 12 a (new)

Text proposed by the Commission	Amendment
	(12a) Points out that it is impossible to effectively solve the problem of food waste in farms without ensuring a stable income for farmers and controlling large market fluctuations when the production cost of the products are higher than the price offered by the market;

Amendment 16

Proposal for a directive

Recital 12 b (new)

Text proposed by the Commission	Amendment
	(12b) Underlines the importance of redistributing the products at the end of their expiring date to the people in need; Notes that food retailers have all opportunities to donate such products to charitable organizations which are able to distribute these products without delay, ensuring that they are consumed;

Amendment 17

Proposal for a directive

Recital 14

Text proposed by the Commission	Amendment
(14) Based on the harmonised methodology set out in Commission Delegated Decision (EU) 2019/159776 , the first year for which data on food waste levels were collected was 2020. Therefore, the year 2020 should be used as a baseline for setting food waste reduction targets. For Member States, which can demonstrate that they performed food waste measurements before 2020, using methods consistent with Delegated Decision (EU) 2019/1597, the use of an earlier baseline should be allowed.	(14) Based on the harmonised methodology set out in Commission Delegated Decision (EU) 2019/159776 , the first year for which data on food waste levels were collected was 2020. However, given that 2020 was an exceptional year, in the context of COVID19 pandemic and the associated lockdowns, a 2020-2022 would be a more suitable reference period, taking into account divergences arising from the pandemic. For Member States, which can demonstrate that they performed food waste measurements before 2020, using methods consistent with Delegated Decision (EU) 2019/1597, the use of an earlier baseline should be allowed.
__________________	__________________
76 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).	76 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).

Amendment 18

Proposal for a directive

Recital 14 a (new)

Text proposed by the Commission	Amendment
	(14a) 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.

Amendment 19

Proposal for a directive

Recital 14 b (new)

Text proposed by the Commission	Amendment
	(14b) In order to ensure that actors in the food supply chain and Member State authorities consistently interpret food waste data and reporting monitoring, the Commission shall issue guidelines on the methodology for the measurement of food waste;

Justification

Guidelines and more prescriptive rules from the Commission are needed to help harmonise food waste reporting across Member States and increase its quality.

Amendment 20

Proposal for a directive

Recital 15 a (new)

Text proposed by the Commission	Amendment
	(15a) The pursuit of food waste reduction targets must not undermine agricultural production or the food security of the European Union. Recourse to increasing imports from third countries to compensate for decreases in domestic production should be considered unfair competition with EU producers when the reciprocity rules are not applied to products imported from third countries.

Amendment 21

Proposal for a directive

Recital 33

Text proposed by the Commission	Amendment
(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, 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.	(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, 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, the European Commission and the Member States should work closely together to identify and implement the most effective financial incentives to achieve the objectives set out in this Directive. Likewise, Member States could draw inspiration from the recommendations produced by the Citizens’ Panel on Food Waste and highlight the key role that consumer organisations can play with their awareness and information campaigns against food waste. In addition, the implementation of these programmes should include the exchange of good practices, education and public awareness, concrete measures to stimulate food donations, the promotion of sustainable methods of production and responsible consumption, with the aim of achieving a significant change in social and economic behaviour in order to achieve the objectives set in the combating of food waste.

Amendment 22

Proposal for a directive

Recital 33 a (new)

Text proposed by the Commission	Amendment
	(33a) A crucial element of strengthening the effective implementation of waste prevention provisions would be the creation of a platform for the exchange of best practices between Member States, which would facilitate the transfer of know-how and speed up the implementation process. This heightened cooperation would help overcome the specific obstacles encountered by each Member State and foster the adoption of innovative and effective solutions.

Amendment 23

Proposal for a directive

Recital 36 a (new)

Text proposed by the Commission	Amendment
	(36a) In order to facilitate the consistent interpretation of food waste data and reporting requirements by national authorities, while avoiding uneccessary 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 waste2b;
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	1a 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/Guidance+on+municipal+waste+data+collection/
	2b 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) 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

Amendment 24

Proposal for a directive

Article 1 – paragraph 1 – point 2

Directive 2008/98/EC

Article 3 – paragraph 4 a

Text proposed by the Commission	Amendment
	4ba. 'food waste' means all food as defined in Article 2 of Regulation (EC) No 178/2002 of the European Parliament and of the Council that has become waste except for waste from agricultural production and from a production, processing or value-adding process for agricultural products, by farms or other agro-industrial companies, considered by-products within the conditions laid down in Article 5(1) of Directive 2008/98/EC; the agricultural materials referred to in Article 2(1)(f) and the animal by-products referred to in Article 2(2)(b) are also excluded

Amendment 25

Proposal for a directive