Waste Framework Directive: textiles and food waste
The Council adopted its position at first reading with a view to the adoption of a directive of the European Parliament and of the Council amending Directive 2008/98/EC on waste.
The proposal for a targeted amendment to Directive 2008/98/EC (Waste Framework Directive) focuses on waste prevention and management in two resource-intensive sectors: textiles and food.
With regard to textile waste, the proposal aims to reduce environmental and climate impacts, improve environmental quality and improve public health in connection with the management of textile waste in accordance with the waste hierarchy.
With regard to food waste, the proposal also aims to reduce the environmental and climate impacts of food systems linked to the production of food waste and to strengthen food waste prevention and, thus, improve food security.
Food waste
Member States shall take appropriate measures to prevent food waste from being generated throughout the food supply chain, including primary production, processing and manufacturing, retail and other forms of food distribution, restaurants and catering services, and households.
The food waste reduction targets are a legally binding instrument to reduce food waste by 2030. For a) processing and manufacturing and b) retail and consumption, including in restaurants and food services and within households, these targets are set at 10% and 30% respectively.
The reference period for setting these targets is the annual average between 2021 and 2023. However, flexibility is provided for, allowing for the use of a year before 2021 if a representative methodology and data are available. In addition, the Commission will adopt implementing acts establishing a correction factor to take into account tourism to help Member States achieve food waste reduction targets taking into account the impact of tourism on food waste generation.
The review, set for 31 December 2027, aims to assess the food waste reduction targets set for 2030. The review clause also provides for an assessment of the setting of new reduction targets, in particular for 2035, and the establishment of a correction factor in the event of changes in food production levels affecting the feasibility of achieving these targets. The review also aims to assess the role of primary production in reducing food waste.
Waste textile
Member States shall ensure that producers are subject to extended producer responsibility for textile products, textile accessories or footwear listed in Annex IVc that they make available on the market for the first time.
Microenterprises are included in the scope to ensure a level playing field and increased environmental benefits. Significant mitigating measures have been introduced to avoid creating excessive additional administrative burdens for small economic operators. To provide these actors with sufficient preparation time, the text postpones the applicability of the obligations set out in the directive for microenterprises by 12 months after the establishment of extended producer responsibility schemes. Reporting obligations for microenterprises are also simplified.
The implementation deadline for establishing the Extended Producer Responsibility schemes is set at 30 months after the entry into force. The Council position provides Member States with the possibility to address ultra-fast and fast fashion practices when modulating the fee under Extended Producer Responsibility schemes.
The fee modulation criteria based on producers' practices, such as ultra-fast fashion and fast fashion, will be established in the Commission implementing acts already planned to define the eco-modulation criteria in accordance with the delegated acts of the Ecodesign for Sustainable Products Regulation (ESPR).
A recital clarifies the obligations applicable to online platform providers under Regulation (EU) 2022/2065 (Digital Services Regulation) with regard to extended producer responsibility obligations.
Review
The general review clause, with a deadline of 31 December 2029, concerns both the Waste Framework Directive and the Landfill Directive. The review of the Waste Framework Directive aims to assess (i) the effectiveness of the financial and organisational responsibility of extended producer responsibility schemes, including the possibility of requiring a financial contribution from commercial operators responsible for reuse, (ii) the possibility of setting targets for the prevention, collection, preparation for reuse and recycling of waste textile, and (iii) the possibility of introducing prior-sorting of mixed municipal waste.
Deadline for transposition
The Council's position provides for a transposition period of 20 months from the entry into force of the amending directive.