EUROPEAN COMMISSION

Brussels, 5.7.2023

COM(2023) 420 final

2023/0234(COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Directive 2008/98/EC on waste

(Text with EEA relevance)

{SEC(2023) 420 final} - {SWD(2023) 420 final} - {SWD(2023) 421 final} - {SWD(2023) 422 final}

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

The European Green Deal 1 and the Circular Economy Action Plan 2  call for reinforced and accelerated EU and Member State action to ensure environmental sustainability of the textiles and food sectors as they represent top resource intensive sectors causing significant negative environmental externalities, where financing and technological gaps impede progress towards the transition to a circular economy and decarbonisation. Food and textiles are the first and the fourth most resource intensive sectors respectively 3  and that do not fully adhere to the fundamental EU waste management principles set out by the waste hierarchy which require the prioritisation of waste prevention followed by preparation for re-use and recycling. Reflecting on the commitments made, this proposal to amend the Waste Framework Directive (WFD) 4 focuses on two resource intensive sectors: textiles and food, with the following general objectives: 

–To reduce environmental and climate impacts, increase environment quality and improve public health associated with textiles waste management in line with the waste hierarchy,

–To reduce the environmental and climate impacts of food systems associated with food waste generation. Preventing food waste would also contribute to food security.

Textile waste

Despite waste prevention being a key objective of the WFD and the implementation efforts at national level including by private actors, general waste generation continues to increase and only a ‘relative decoupling’ of waste generation from economic growth can be observed 5 . This trend for overall waste can also be observed for textile waste. It is, however, exacerbated by the so-called ‘fast fashion’, which is characterised by more frequent fashion collections being placed on the market 6 with low-priced products that do not internalise environmental externalities 7 , encourage customers to shop impulsively and incentivises purchasing larger quantities of clothes 8 . This increasing textile consumption leads to increasing volumes of textile waste. According to an ongoing study by the Joint Research Centre (JRC) 9 , total textile waste, covering clothing and footwear, home textiles, technical textiles, and post-industrial and pre-consumer waste, in 2019 amounted to 12.6 million tonnes (Mt) (10.9 Mt post-consumer waste and 1.7 Mt post-industrial and pre-consumer waste). Clothing and footwear waste amounted to 5.2 Mt, equivalent to 12 kg per person per year in the EU.

According to a study from the Joint Research Centre (JRC) 10 , currently, around 78% of the post-consumer textiles waste covering clothing and footwear, home textiles and technical textiles is not separately collected and ends up in mixed household waste, destined to be incinerated or landfilled. This resource-inefficient waste management is not in line with the waste hierarchy and leads to environmental harm in the EU and in third countries through excessive levels of greenhouse gas (GHG) emissions, water consumption, pollution and land use. Of the separate collected textile waste, representing only 22% of the post-consumer textile waste generated, around 32% is recycled within the EU (around 20% outside the EU) and around 8% is re-used within the EU (around 38% outside the EU), while the rest is exported. 

The separate collection obligation for textiles in the WFD is coming into force on 1 January 2025. According to information from Member States, it is estimated that the separate collection systems and the sorting and recycling infrastructures are unlikely to be ready to handle the expected additional amounts to be collected. Sorting is expected to take place in most Member States close to the waste collection points and at a higher scale in those where the market conditions are favourable (e.g. lower costs of waste management, existing upscaleable infrastructure and skills, proximity to recycling/production hubs and ports). Recycling is not expected to take place in all countries and is likely to be located in regions close to the textile production centres and existing infrastructure bases.

The textile sector is resource intensive. In relation to both the production of raw materials and textiles most of the pressures and impacts related to the consumption of clothing, footwear and household textiles in the EU occur in other regions of the world. However, while most of the environmental pressures of the EU consumption of textiles occur in third countries 11 , they also affect the EU due to their global impact. The EEA estimates that to produce the amount of clothing, textiles and footwear consumed in the EU in 2020, 80% of primary raw materials, 88% of water and 92% of land used and 73% of GHG emissions took place outside the EU. For example, GHG emissions are a global phenomenon and are not circumscribed to specific boundaries or regions. Additionally, almost 13 million full-time equivalent workers were employed worldwide in the supply chain 12 . Therefore, preventing, re-using and recycling textile waste can help reducing the environmental footprint of the sector. 

Additionally, the waste management costs of used clothing and household textiles are not internalised in the price of new products. On average, the costs of collection and treatment would equate to approximately 12 cents per item. However, these costs vary by item type, with those involving a mix of textile fibre types and the inclusion of disruptors (for example buttons and zips) costing more to manage and those that comprise a single fibre type with no disruptors such as t-shirts costing less. Given the large volumes of textile wastes currently disposed of in residual waste, the cost of disposal and the environmental externalities of that disposal including emissions from incineration and landfilling are also not internalised. Other externalities include notably the environmental and social impacts of textile waste exported to third countries disguised for re-use purposes, in particular, in relation to exported non-sorted textiles, of which a significant portion ends up in (illegal) landfills. 

Fragmented definitions of textiles and textile waste lead to administrative burden and pose barriers to cross-border shipments. Different policy and regulatory signals in each Member State and information gaps (e.g. about the quality of feedstock) hamper the scaling up of the recycling industry and re-use and disrupt the level playing field of the single market, in addition to the complexity in recycling textiles due to different compositions of textile waste. This obstructs not only the transition to a circular economy in textiles, but also prevents quality jobs and value-added being created in the EU. The insufficient sorting and recycling infrastructure is likely to lead to textiles not being treated in line with the waste hierarchy even once the separate collection obligation comes into force. Low added-value manufacturing mainly occurs in third countries. Production and disposal of imported textile waste create significant negative societal impacts at local, regional and global levels 13 . 

Therefore, specific objectives for this proposal as regards textile waste is to improve textile waste management in line with the ‘waste hierarchy’ 14  enshrined in the WFD, prioritising waste prevention, preparing for re-use and recycling of textiles over other recovery options and disposal and implement the polluter pays principle. The Circular Economy Action Plan (CEAP) 15  and the EU Strategy for Sustainable and Circular Textiles (‘Textiles Strategy’) 16  call for reinforced and accelerated EU and Member State action to prevent textiles waste and to improve the circularity of textiles, as it is a resource intensive sector causing significant negative environmental externalities, where financing and technological gaps impede progress towards the transition to a circular economy.  

Food waste

Food waste is one of the largest sources of inefficiency in the agri-food chain. In particular, it results in negative environmental and climate impacts. Food consumption is the main contributor to the environmental impacts 17 and biodiversity footprint 18 of EU consumption.  

When food is discarded, all the embedded energy and resources and their environmental consequences, such as GHG emissions – that accumulate along the food chain – still materialise with no benefit for human nutrition. Food processed, transported and cooked that is then wasted at consumption stage – has a higher environmental impact than unprocessed food products lost at the farm. The 58.5 Mt of food waste generated in the EU in 2020 19 caused emissions of 252 Mt of CO2 equivalents 20 . This corresponds to 16% of the total GHG impact resulting from the EU food system. Food waste also puts unnecessary pressure on limited natural resources. For example, the amount of water consumed to produce food that is ultimately wasted can be quantified as 342 bn m3 water eq. 21 , corresponding to 12% of the total impact of EU food production and consumption. Food waste is also responsible for 16% of impacts on soil caused by land use activities 22 , while the consequences on marine eutrophication are 15% of the total 23 , 24 . 

As regards economic consequences, the 58.5 Mt of food waste have an associated market value estimated at 132 bn EUR 25 . These costs include lost resources by food business operators at each stage of the food supply chain, but also unnecessary spending by households. In addition, the cost of collection and treatment of food waste is estimated at an additional 9.3 bn EUR 26 . 

Wasting food has important social consequences. It leads to unnecessary spending of resources that could be otherwise allocated. The average share of food expenditure (agri-food and food services) in total household expenditure in the EU is around 19% 27 . Discarding food that is fit for human consumption – rather than redistributing that food to those in need, including through food donation – also represents a missed opportunity in the light of growing challenges to food security. Although, in Europe, food availability is ensured, food affordability is a concern for a growing number of EU citizens: 32.6 million people cannot afford a meal with meat, fish, chicken or vegetarian equivalent every second day 28 . Finally, for many consumers, wasting food has an important ethical dimension 29 . 

In this context, the EU and its Member States committed to achieving Sustainable Development Goal (SDG) Target 12.3 to halve 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. 

The EU has implemented a dedicated action plan to reduce food loss and waste, including both regulatory and non-regulatory actions, initially as part of the 2015 Circular Economy Action Plan and, since 2020, under the EU’s Farm to Fork Strategy 30 . In doing so, the Commission aims not only to lay down clear obligations for Member States as regards reduction of food waste but also to create policy environment that supports Member States in taking effective action.  

The WFD, as revised in 2018, requires Member States to prepare specific food waste prevention programmes, in line with the waste hierarchy. It requires Member States to reduce food waste at each stage of the food supply chain, monitor food waste levels and report on progress made. The Commission adopted, in 2019, a common food waste measurement methodology 31 , to be utilised as a basis for EU-wide food waste monitoring.  

In order to support Member States in taking action, the Commission has, since 2015, taken initiatives to clarify and harmonise relevant legislation (e.g., adoption of EU guidelines on food donation 32 , followed by amendments to food hygiene rules to facilitate safe food donation practices, as well as EU guidelines regarding the feed use of food no longer intended for human consumption 33 ). The Commission has also established, as of 2016, a multi-stakeholder platform, the EU Platform on Food Losses and Food Waste 34 (FLW) to support all players in defining measures to prevent food waste, share best practice and evaluate progress. It has also adopted its own deliverables (e.g., recommendations for action in food waste prevention 35 ) and has supported work undertaken at EU level to improve date marking 36  practices. The sharing of best practice and solutions to reduce food waste across the EU is also facilitated through the digital EU Food Loss and Waste Prevention Hub 37 . The RESTwithEU pilot project 38 evaluates and recommends digital tools to reduce food waste in the restaurant industry. Supporting consumer behavioural change is addressed by a dedicated sub-group of the Platform and a best practice compendium, developed by the EU pilot project, the European Consumer Food Waste Forum, will be made available by end June 2023. In order to strengthen the evidence base for food waste prevention, the Joint Research Centre carries out assessments of the effectiveness of food waste prevention interventions 39 , supported by an evaluation framework that can be utilised by all actors. Calls for proposals under the EU Research and Innovation Framework Programme Horizon 2020 40 and Horizon Europe 41  have been offering new opportunities for research and innovation to address food loss and waste. Other funding instruments for food waste prevention include the LIFE programme and InterReg Europe . Under the Single Market Programme, the Commission also makes available grants to support Member States and stakeholders 42 in improving food waste measurement and implementation of actions to reduce food waste, in collaboration with the European Health and Digital Executive Agency (HaDEA). 

Many food business operators along the food supply chain have taken important steps to reduce food waste generation and improve resource efficiency. Under the EU Code of Conduct for responsible Food Business and Marketing Practices 43 , food processors and retailers, have made concrete commitments on food waste reduction in their operations and along the supply chain.  

Despite these actions and the growing awareness of the negative impacts and consequences of food waste, political commitments made at EU and Member State levels and EU measures implemented since the 2015 CEAP, food waste generation is not sufficiently decreasing to make significant progress towards SDG Target 12.3. In the EU, despite the existing legal obligations in the WFD and the supporting activities of the Commission, action taken to date in Member States is disparate and has not allowed a significant reduction of food waste levels.  

The setting of targets is therefore a necessary next step. The specific objectives of this proposal are: firstly, to assign clear responsibility to Member States for accelerating reduction of food waste along the food supply chain and in households, in their respective territories, and thus make a solid contribution towards achieving SDG Target 12.3; and secondly, to ensure sufficient and consistent response by all Member States to reduce food waste, in line with that of front-runners. 

This should lead each Member State to take ambitious action – deploying the most effective measures, tailored to its specific national situation – and aiming to support consumer behavioural change as well as strengthen coordination of actions between actors across the whole food value chain as well as with other relevant actors (e.g., academia, NGOs, financial institutions, social economy actors, etc).

In addition, after the Conference on the Future of Europe, food waste was selected as the first subject for deliberative European Citizens’ Panels. The Citizens’ Panel’s recommendations will support the Commission’s work and will support Member States in designing national strategies and action plans to prevent food waste.

•Consistency with existing policy provisions in the policy area

•Consistency with other Union policies

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

•Subsidiarity (for non-exclusive competence)

•Proportionality

•Choice of the instrument

3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

•Ex-post evaluations

No ex-post evaluations were undertaken since the latest amendment of the WFD only took place in 2018. It would have therefore been premature to have an ex-post evaluation of the recent amendments made that have yet to unfold their full effect. Additionally, the WFD foresees specific review clauses for specific waste streams that would result in analyses of the impacts of current provisions.

•Stakeholder consultations

Citizens’ Panel 

As a follow-up to the Conference on the future of Europe, the Commission announced a “new generation” of citizens’ panels to consult randomly selected citizens before certain key proposals at the European level. Food waste was selected amongst the three first topics to be addressed by citizens (along with virtual worlds and learning mobility), with the panel convened for three sessions held from December 2022 to February 2023. Although the Citizens’ panel was not part of the consultation activities organised for the purpose of the preparation of the legal proposal, citizens’ recommendations 60 will continue to support the Commission's work related to food waste prevention and have been considered in the preparation of this legislative proposal. Citizens’ recommendations will also serve as a guide to help Member States in achieving the food waste reduction targets in this proposal.  

The 23 recommendations put forward by citizens highlight the need to take a broad food systems approach, engaging all actors and strengthening collaboration across the food supply chain. This comprehensive approach is put forward in the three topics addressed by the panel’s recommendations: 1) Cooperation in the food value chain: from farm to fork; 2) Food business initiatives; and 3) Supporting consumer behavioural change.

Citizens’ recommendations reflect the three principal lines of action, which need to be undertaken by Member States in order to accelerate food waste reduction at national level and reach the future targets. The overarching EU regulatory framework for food waste prevention laid down in the WFD as well as supporting measures undertaken at EU level will also draw from the recommendations and support Member States in achieving the future targets.

•Collection and use of expertise

The Commission procured an external study to support this impact assessment of policy options for a revision of the WFD in 2023 – Specific Contract n° 090202/2021/861277/ENV.B.3. It was also supported by several experts and technical assistance studies listed in the Annex to the Impact Assessment.

–The Joint Research Centre provided crucial scientific inputs by preparing two reports with analysis supporting development of the impact assessment of the revision of the WFD, in particular on the feasibility of setting food waste reduction targets: 

–European Commission, Joint Research Centre: Setting the scene for an EU initiative on food waste reduction targets, 2023 62  

–European Commission, Joint Research Centre: Assessing the economic, social and environmental impacts of food waste reduction targets. A model-based analysis, 2023 63  

–On 25 October 2022, Eurostat published the first dedicated statistical monitoring of the amount of food waste in the European Union, supported with additional explanations on the data of food waste amounts in the EU. The description and interpretation of data as well as methodology can be found at the Eurostat Statistics Explained webpage dedicated to food waste 64 . The data have been last updated in March 2023.

•Impact assessment

–Option 1 – Supports Member States in implementing and enforcing current provisions through more harmonised application of definitions, approaches to separate collection and attribution of responsibility for waste management by adopting non-binding guidance, recommendations and exercise of existing Commission mandates for secondary legislation, improving current stakeholder platforms for guidance and exchange of best practices. This option addresses all problem drivers and both specific objectives albeit with a likely reduced impact due to the nature of the measures being limited to non-binding instruments 

–Option 2 – Sets additional binding regulatory requirements to improve the waste management performance in line with the waste hierarchy through a targeted amendment of the WFD. The purpose of the amendments is to create new operational obligations on Member States, producers of textiles and waste management operators. They would clarify and harmonise definitions at EU level, clarify the scope of the existing reporting obligations to improve the robustness of data, clarify the scope of the separate collection obligations, and introduce new operational obligations for waste operators to ensure sorting for re-use and recycling. The flagship measure of this option is introducing a mandate for Member States to set up national EPR schemes for textiles and harmonise its scope, objectives and key organisational and operational features. This option addresses all problem drivers and both specific objectives 

–Option 3 – Prescribing waste management performance targets at EU level. This option entails an amendment to the WFD establishing binding waste management performance targets operationalising the waste hierarchy for the Member States and economic operators. Harmonisation of scopes and definitions would be integral to the definition of the target in the WFD and subsequent implementing acts defining more detailed rules on the calculation methodology for each of the target. This option addresses both specific objectives and all problem drivers, albeit it would not bring about a level of harmonisation as provided by Option 2 since it leaves the decisions on the means to attain the performance levels to the Member States. Since the current data on textile waste generation is not sufficiently robust, which is partly due to the fragmented understanding of whether collected textiles are waste and the scope of the textiles covered by Member State implementation, the Impact Assessment explains the feasibility of the mechanism by which targets could be set in the future and the impacts of that process (and not the actual levels of targets). In relation to setting a target for collection, a more detailed assessment based on an interim medium-ambition target is presented. Measure 3.6 specifically is about setting a 50% collection target for textiles: The attainment of the target would improve separate collection rate for textiles thereby increasing re-use rates, recycling rates and decreasing disposal rates, but it would also impose administrative burden and the existing 2025 separate collection obligation may have a similar effect on the separate collection rate. There is also large heterogeneity across the predicted rates across Member States, which may make it challenging to set a target at this stage. 

–Target for primary production – no target,  

–Target for processing and manufacturing – 10%,  

–Target for retail and consumption stages – 15% 

–Target for primary production – no target%,  

–Target for processing and manufacturing – 10%,  

–Target for retail and consumption stages – 30% 

–Target for primary production – 10%,  

–Target for processing and manufacturing – 25%,  

–Target for retail and consumption stages – 50% 

Quantifiable social impacts are strongly linked to economic impacts and show a similar pattern. The greater the reduction of food waste, the better the options perform in terms of food affordability and household savings. On the other hand, the magnitude of negative impacts on employment in the agri-food sector rise from Option 1 to Option 3, which are, however, expected to be compensated through new job profiles in the food sector and gains in other economic sectors.

The impact on SMEs is expected to be limited. The initiative focuses on setting of food waste reduction targets for Member States and will not apply to individual businesses. While Member State authorities will likely engage with all actors in the food supply chain, the actions observed so far in countries which have undertaken coordinated actions to reduce food waste focus on larger businesses and on voluntary measures encouraging engagement in food waste prevention supported by government financing. In the consultation process, SMEs have not expected problems caused directly by this initiative, although remained cautious about the potential future implementing action by Member States.

In the area of food waste, after comparison of economic, environmental and social impacts, but also the technical feasibility of the proposed options, the preferred option is Option 2. This option is expected to be effective in providing a strong policy impulse for Member States to take action to reduce food waste at national level and achieve substantial environmental gains, while being proportionate and feasible. The establishment of legally binding food waste reduction 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. An interim review of progress made by Member States, based on the annual monitoring of food waste levels, would allow for a possible adjustment of the targets in view of strengthening the Union’s contribution and further aligning with SDG Target 12.3 as well as providing direction for further progress beyond 2030.

•Regulatory fitness and simplification

•Fundamental rights

4.BUDGETARY IMPLICATIONS

5.OTHER ELEMENTS

•Implementation plans and monitoring, evaluation and reporting arrangements

•Detailed explanation of the specific provisions of the proposal

2023/0234 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Directive 2008/98/EC on waste

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee 67 ,

Having regard to the opinion of the Committee of the Regions 68 ,

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1)The European Green Deal and the Circular Economy Action Plan 69 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 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 70 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.

(2)According to the EU Strategy for Sustainable and Circular Textiles 71 , 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. 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.

(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.

(4)As a follow-up to the Conference on the Future of Europe, the Commission committed itself to enabling citizens’ panels to deliberate and make recommendations ahead of certain key proposals. In this context, a European Citizens’ panel was convened, from December 2022 to February 2023 to elaborate a list of recommendations 72 on how to step-up actions to reduce food waste in the Union. As households account for over half of food waste generated in the Union, citizens’ insights on food waste prevention are particularly relevant. Citizens recommended three principal lines of action including strengthening cooperation in the food value chain, food business initiatives and supporting consumer behavioural change. The panel’s recommendations will continue to support the Commission’s overall work programme related to food waste prevention and may serve as a guide to help Member States in achieving the food waste reduction targets.

(5)Directive 2009/31/EC of the European Parliament and of the Council 73 excluded from the scope of Directive 2006/12/EC of the European Parliament and of the Council 74 carbon dioxide captured and transported for the purposes of geological storage and geologically stored pursuant to the requirements of Directive 2006/12/EC. The provision in Directive 2009/31/EC amending Directive 2006/12/EC was not, however, incorporated in Directive 2008/98/EC of the European Parliament and of the Council 75 , which repealed Directive 2006/12/EC. Therefore, for the purposes of ensuring legal certainty, this Directive incorporates the amendments of Directive 2009/31/EC concerning the exclusion of carbon dioxide captured and transported for the purposes of geological storage and geologically stored from the scope of Directive 2008/98/EC.

(6)Definitions of producers of textile products, online platforms and producer responsibility organisations linked to the implementation of the extended producer responsibility for textiles need to be included in Directive 2008/98/EC so that the scope of these concepts and linked obligations is clarified.

(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.

(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.

(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.

(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.

(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.

(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. 

(13)Demographic changes have a significant impact on the amount of food consumed and food waste generated. Therefore, a joint food waste reduction target, applying to retail and other distribution of food, restaurants and food services and households, should be expressed as a percentage change in food waste levels per capita in order to take into account population changes. 

(14)Based on the harmonised methodology set out in Commission Delegated Decision (EU) 2019/1597 76 , 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.

(15)In order to ensure that the step-wise approach towards the achievement of the global target delivers its objectives, the levels set for the legally binding targets on reduction of food waste, should be reviewed and revised, if appropriate, to take into account the progress made by Member States over time. This would allow for a possible adjustment of the targets in view of strengthening the Union’s contribution and further aligning with SDG Target 12.3, to be reached by 2030 and providing direction for further progress beyond that date.

(16)In order to ensure better, timelier, and more uniform implementation of the provisions related to food waste prevention, to anticipate any implementation weaknesses, and to allow taking action ahead of the deadlines for meeting the targets, the system of early warning reports, introduced in 2018, should be extended to cover food waste reduction targets.

(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 the 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 the 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 Council 77 , 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 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 products in view of supporting re-use, including through repair, refurbishment and upcycling whereby certain functionalities of the original product is changed, within the Union.

(18)There are wide disparities in the way separate collection of textiles are or are planned to be set up, whether through extended producer responsibility schemes or other approaches. Where extended producer responsibility schemes are considered, there are also broad disparities, such as on the products in their scope and the responsibility of producers as well as governance models. The rules on extended producer responsibility laid down in Directive 2008/98/EC should therefore in general apply to extended producer responsibility schemes for producers of textile, textile-related and footwear products. However, they should be complemented by further specific provisions relevant for the textile sector characteristics, in particular, the high share of small and medium-sized enterprises (SMEs) among the producers, the role of social enterprises and the importance of re-use in increasing the sustainability of the textile value chain. They should also be more detailed and harmonised to avoid creating a fragmented market that could have a negative impact on the sector, particularly on micro enterprises and SMEs, for the collection, treatment and recycling, as well as to provide clear incentives for sustainable textile product design and policies and facilitate the markets of secondary raw materials. In this context, Member States are encouraged to consider authorising multiple producer responsibility organisations as competition among such producer responsibility organisations may lead to greater consumer benefits, increase innovation, lower costs, improve collection rates, and increase choices for producers seeking to contract with such organisations.

(19)The household textile and apparel clothing comprise the largest share of Union textile consumption and the biggest contributor to unsustainable patterns of over production and overconsumption. Household textiles and apparel are also the focus of all existing separate collection systems in Member States along with other post-consumer apparel and accessories and footwear that are not primarily composed of textiles. Therefore, the scope of the established extended producer responsibility scheme should cover household textile products and other articles of apparel, clothing accessories and footwear. 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 2658/87 78 .

(20)The textile sector is resource intensive. While, in relation to both the production of raw materials and textiles, most of the pressures and impacts related to the consumption of clothing, footwear and household 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.

(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, reporting on separate collection, re-use and other treatment and of providing information to end-users about the impact and sustainable management of textiles.

(22)Producers should be responsible for setting up collection systems for the collection of all used and waste textiles, textile-related and footwear products and ensuring that they are subsequently subject to sorting for re-use, preparation for re-use and recycling to maximise the availability of second-hand clothing and footwear and reduce the volumes for types of waste treatment that are lower in the waste hierarchy. Ensuring that textile products can be and are used and re-used for longer is the most effective way of significantly reducing their impact on the climate and the environment. This should also enable sustainable and circular business models such as re-use, renting and repair, take-back services and second-hand retail creating new green quality jobs and cost-saving opportunities to citizens. Making producers responsible for the waste that their products create is essential to decouple textile waste generation from the growth of the sector. Therefore, the producers should also be responsible for the recycling, in particular, prioritising the scaling up of fibre-to-fibre recycling, and other recovery operations and disposal.

(23)Producers and producer responsibility organisations should finance the scaling up of textile recycling, in particular, fibre-to-fibre recycling enabling the recycling of a broader variety materials and creating a source of raw materials for textile production in the Union. It is also important that the producers support financially research and innovation into technological developments in automatic sorting and composition sorting solutions that allow the separation and recycling of mixed materials and the decontamination of the waste to enable high-quality fibre-to-fibre recycling solutions and the uptake of recycled fibre content. To facilitate compliance with this Directive, Member States should ensure that information and assistance are available to economic operators from the textile sector, especially small and medium enterprises, which should take the form of guidance, financial support, access to finance, specialised management and staff training material, or organisational and technical assistance. If support is financed through state resources, including when wholly financed by contributions imposed by the public authority and levied on the undertakings concerned, it may constitute State aid within the meaning of Article 107(1) TFEU; in such cases, Member States have to ensure compliance with State aid rules. The mobilisation of private and public investment in the circularity and decarbonisation of the textile sector are also the focus of several Union funding programmes and roadmaps such as Hubs for Circularity and specific calls under Horizon Europe. It is also necessary to further assess the feasibility of setting Union targets for the recycling of textiles to support and drive technological development and the investments into recycling infrastructure as well as the push for ecodesign for recycling.

(24)Used and waste textiles, textile-related and footwear products should be collected separately from other waste streams, such as metals, paper and cardboard, glass, plastics, wood and bio-waste from 1 January 2025 to maintain their reusability and potential for high-quality recycling. Considering the environmental impact and the loss of materials due to used and waste textiles not being separately collected, and consequently not treated in an environmentally sound manner, the collection network of used and waste textiles, textile-related and footwear products should cover the whole territory of Member States including the outermost regions, be close to the end-user and not target only areas and products where the collection is profitable. The collection network should be organised in cooperation with other actors active in the waste management and re-use sectors, such as municipalities and social enterprises. In view of the significant environmental and climate benefits associated with re-use, the primary and secondary purpose of the collection network should be the collection of re-usable and recyclable textile, textile-related and footwear products accordingly. Since the consumer is not trained to distinguish between re-usable and recyclable items, the collection systems should, including for logistical efficiency purposes, provide for the collection receptacles that collect both used and waste items together. High collection rates would drive high re-use performance and quality recycling in the textile supply chains, boost the uptake of quality secondary raw materials and support the investment planning in the textile sorting and processing infrastructure. In order to verify and improve the effectiveness of the collection network and the information campaigns, regular compositional surveys at least at NUTS 2 level should be carried out on mixed municipal waste collected to determine the amount of waste textiles and footwear therein. In addition, information on the performance of the separate collection systems and the attained annual separate collection rate should be calculated and made publicly available annually by the producer responsibility organisations.

(25)In view of 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 Plan 79 , the introduction of extended producer responsibility schemes should maintain and support the activities of social enterprises and social economy entities involved in used textiles management. These entities therefore should be regarded as partners in the separate collection systems supporting the scale-up of re-use and repair and creating quality jobs for all and in particular for vulnerable groups.

(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 and ensuring 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 Regulation 80  and the Regulation (EU) No 1007/2011 of the European Parliament and of the Council 81 . 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.

(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 with the waste hierarchy. The fee modulation according to the ecodesign criteria should be based on the Ecodesign requirements and their measurement methodologies that are adopted pursuant to the Ecodesign for Sustainable Product Regulation for textile products or to other Union law establishing harmonized sustainability criteria and measurement methods for textile products and only where the latter are adopted. It is appropriate to empower the Commission to adopt harmonised rules for the fee modulation to ensure the alignment of the fee modulation criteria with those product requirements.

(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 accessible to those entities that play a role in the verification of the compliance with the extended producer responsibility obligations and their enforcement.

(29)Since the textile sector is 99% comprised of small and medium sized enterprises, the implementation of an extended producer responsibility scheme for textiles, textile-related and footwear products should aim to reduce as much as possible administrative burdens. Therefore, the fulfilment of the extended producer responsibilities should be exercised collectively by means of producer responsibility organisations taking up the responsibility on their behalf. Producer responsibility organisations should be subject to authorisation by Member States and should document, inter alia, that they have the financial means to cover the costs entailed by the extended producer responsibility and that they fulfil that responsibility.

(30)Article 30(1) of Regulation (EU) 2022/2065 of the European Parliament and of the Council 83  obliges certain providers of online platforms allowing consumers to conclude distance contracts with producers offering textile, textile-related and footwear products to consumers located in the Union, prior to allowing a producer to use its services, to obtain certain identification information from that producer and a self-certification by the producer committing to only offer products or services that comply with the applicable rules of Union law. In order to ensure the effective enforcement of the extended producer responsibility obligations, it should be specified that providers of online platforms falling within the scope of Chapter 3, Section 4, of Regulation (EU) 2022/2065 should obtain from those producers information on the registration in the textile producer register that Member State are obliged to set up pursuant to this Directive, as well as the registration number(s) of the producer in that register, and a self-certification by the producer committing itself to only offer textile, textile-related and footwear products to which the extended producer responsibility requirements laid down by this Directive apply. The rules on enforcement laid down in Chapter IV of Regulation (EU) 2022/2065 apply to providers of such platforms in relation to these traceability rules.

(31)In order to ensure the treatment of textiles in line with the waste hierarchy set out in Directive 2008/98/EC, producer responsibility organisations should ensure that all separately collected textiles and footwear are subject to sorting operations that generate both items that are fit for re-use meeting the needs of the receiving second-hand textile and the recycling feedstock markets in the Union and globally. In view of the greater environmental benefits associated with extending the lifetime of textiles, re-use should be the main objective of the sorting operations followed by sorting for recycling where the items are professionally assessed as not re-useable. These sorting requirements should be developed by the Commission as a priority as part of the harmonised Union end-of-waste criteria for re-useable textiles and recycled textiles, including on initial sorting that may take place at the collection point. Such harmonised criteria should bring about consistency and high quality in the collected fractions as well as in material flows for sorting, waste recovery operations and secondary raw materials across borders which in turn should facilitate the scaling up re-use and recycling value chains. Used clothes professionally assessed as fit for re-use by the re-use operators or social enterprises and social economy entities at the collection point from end-users should not be considered waste. In case re-use or recycling is not technically possible, the waste hierarchy should still be applied, avoiding landfilling where possible, in particular of biodegradable textiles that are a source of methane emissions, and applying energy recovery when incineration is applied.

(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. 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 the EU and globally and by establishing criteria to distinguish between used goods and waste. Shipments of used textiles, textile-related and footwear products should be accompanied by information demonstrating that those items are the output of a sorting or a preparing for re-use operation and that the items are suitable for re-use.

(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.

(34)Clear accountability and governance of food waste prevention measures are essential to ensure effective coordination of action to drive change and reach the targets set out in this Directive. Due to the shared agenda amongst many authorities and the variety of stakeholders engaged in the fight against food waste in Member States, there is a need for a designated competent authority in charge of overall coordination of actions at national level.

(35)The granularity of the information on post-consumer municipal textiles management at Union level should be improved to more effectively monitor the re-use of products, including of re-use and preparation for re-use of textiles, including in view of the potential setting of the performance targets in the future. Re-use and preparation for re-use data represent key data flows for the monitoring of the decoupling of waste generation from economic growth and the transition towards a sustainable, inclusive and circular economy. Therefore, these data flows should be managed by the European Environmental Agency.

(36)The empowerment to adopt delegated acts set out in Article 9(8) of Directive 2008/98/EC as regards a common methodology and minimum quality requirements for the uniform measurement of levels of food waste should be moved, with minor adaptations, to a new Article that deals specifically with prevention of food waste generation.

(37)In order to bring the Combined Nomenclature codes listed in Directive 2008/98/EC in line with the codes listed in Annex 1 to Council Regulation (EEC) No 2658/87, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amendments to Annex IVc to Directive 2008/98/EC. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(38)In order to ensure uniform conditions for the implementation of Directive 2008/98/EC, implementing powers should be conferred on the Commission concerning a harmonised format for registration in the register based on the information requirements set out in Article 22b(4), fee modulation criteria for the application of Article 22c(3), point (a), and a methodology for the calculation and verification of the separate collection rate referred to in Article 22c(6), point (c). Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council 85 . 

(39)Directive 2008/98/EC should therefore be amended accordingly.

(40)Since the objectives of this Directive, namely to improve the environmental sustainability of food and textile waste management and to ensure the free movement of used and waste textiles in the internal market, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, only be achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective on subsidiarity,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Amendments

Directive 2008/98/EC is amended as follows:

(1)in Article 2(1), point (a) is replaced by the following:

'(a) gaseous effluents emitted into the atmosphere and carbon dioxide captured and transported for the purposes of geological storage and geologically stored in accordance with Directive 2009/31/EC of the European Parliament and of the Council*;

* Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (OJ L 140, 5.6.2009, p. 114).’;

(2)in Article 3, the following paragraphs are inserted:

‘4b. ‘producer of textile, textile-related and footwear products listed in Annex IVc’ means any manufacturer, importer or distributor or other natural or legal person excluding those that supply used textile and footwear products listed in Annex IVc and textile, textile-related and footwear products listed in Annex IVc derived from such used or waste products or their parts on the market, enterprises which employ fewer than 10 persons and whose annual turnover and balance sheet total does not exceed EUR 2 million and self-employed tailors producing customised products, who, irrespective of the selling technique used, including by means of distance contracts as defined in Article 2(7) of Directive 2011/83/EU of the European Parliament and of the Council*, either:

(a) are established in a Member State and manufactures textile, textile-related and footwear products listed in Annex IVc under their own name or trademark, or have them designed or manufactured and supply them for the first time under their own name or trademark within the territory of that Member State;

(b) are established in a Member State and resell within the territory of that Member State, under their own name or trademark, textile, textile-related and footwear products listed in Annex IVc manufactured by other producers referred to in point (a), on which the name, brand or trademark of the manufacturer does not appear;

(c) are established in a Member State and supply for the first time in that Member State on a professional basis, textile, textile-related and footwear products listed in Annex IVc from another Member State or from a third country; or

(d) sell textile, textile-related and footwear products listed in Annex IVc by means of distance communication directly to end-users, including private households or other than private households, in a Member State, and are established in another Member State or in a third country;

4c. ‘making available on the market’ means any supply of a product for distribution or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge;

4d. ‘producer responsibility organisation’ means a legal entity that financially or financially and operationally organises the fulfilment of extended producer responsibility obligations on behalf of producers;

4e. ‘online platform’ means online platform as defined in Article 3, point (i), of Regulation (EU) 2022/2065 of the European Parliament and of the Council**;

4f. ‘consumer’ means natural persons who are acting for purposes which are outside their trade, business, craft or profession;

* Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304 22.11.2011, p. 64).

** Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (OJ L 277, 27.10.2022, p. 1).’;

(3)in Article 9, paragraph 1, points (g) and (h), and paragraphs 5, 6 and 8 are deleted.

(4)the following Article 9a is inserted:

‘Article 9a

Prevention of food waste generation

1.Member States shall take appropriate measures to prevent 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. Those measures shall include the following:

(a)developing and supporting behavioural change interventions to reduce food waste, and information campaigns to raise awareness about food waste prevention;

(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;

(c)encouraging food donation and other redistribution for human consumption, prioritising human use over animal feed and the reprocessing into non-food products;

(d)supporting training and skills development as well as facilitating access to funding opportunities, in particular for small and medium sized enterprises and social economy actors.

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.

2.Member States shall monitor and assess the implementation of their food waste prevention measures, including compliance with the food 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.

3.The Commission is empowered to adopt delegated acts in accordance with Article 38a to supplement this Directive as regards laying down a common methodology and minimum quality requirements for the uniform measurement of food waste levels. 

4.Member States shall take the necessary and appropriate measures to achieve, by 31 December 2030, the following food waste reduction targets at national level:

(a)reduce the generation of food waste in processing and manufacturing by 10 % in comparison to the amount generated in 2020;

(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 30 % in comparison to the amount generated in 2020.

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. 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.

6.When the Commission considers that the data do not comply with the conditions set out in paragraph 5, it shall, within 6 months of the receipt of a notification made in accordance with paragraph 5, adopt a decision requesting the Member State to either use 2020 or a year other than that proposed by the Member State as reference year.

7.By 31 December 2027, the Commission shall review the targets to be reached by 2030, laid down in paragraph 4, with a view, if appropriate, to modify and/or extend them to other stages of the food supply chain, and to consider setting new targets beyond 2030. To that end, the Commission shall submit a report to the European Parliament and to the Council, accompanied, if appropriate, by a legislative proposal.’; 

(5)in Article 11, paragraph 1, the third sentence is replaced by the following:

'Subject to Article 10(2) and (3), Member States shall set up separate collection at least for paper, metal, plastic and glass.';

(6)in Article 11b, paragraph 1 is replaced by the following:

‘1. The Commission shall, in cooperation with the European Environment Agency, draw up reports on the progress towards the attainment of the targets laid down in Article 9a(4), Article 11(2), points (c), (d), and (e), and Article 11 (3) at the latest three years before each deadline laid down therein.’;

(7)the following Articles 22a to 22d are inserted:

‘Article 22a

Extended producer responsibility scheme for textiles

1.Member States shall ensure that producers have extended producer responsibility for household textile products, articles of apparel, clothing accessories and footwear, apparel and clothing accessories listed in Annex IVc (“textile, textile-related and footwear products”) that they make available on the market for the first time within the territory of a Member State, in accordance with Articles 8 and 8a.

2.The Commission is empowered to adopt delegated acts in accordance with Article 38a to amend Annex IVc to this Directive in order to bring the Combined Nomenclature codes listed in Annex IVc to this Directive in line with the codes listed in Annex 1 to Council Regulation (EEC) No 2658/87*.

3.Member States shall define in a clear way the roles and responsibilities of relevant actors involved in the implementation, monitoring and verification of the extended producer responsibility scheme referred to in paragraph 1.

4.Member States shall ensure that the producers of textile, textile-related and footwear products listed in Annex IVc cover the costs of the following:

(a)collection of used and waste textile, textile-related and footwear products listed in Annex IVc and subsequent waste management that entails the following:

(1)the collection of those used products for re-use and the separate collection of waste products for preparation for re-use and recycling in accordance with Articles 22c and 22d,

(2)transport of collected loads referred to in point (1) for subsequent sorting for re-use, for preparation for re-use and for recycling operations in accordance with Article 22d,

(3)sorting, preparation for re-use, recycling and other recovery operations and disposal of collected loads referred to in point (1),

(4)collection, transport and treatment referred to in points (1) and (2) of waste generated by social enterprises and other non-waste operators that are part of the collection system referred to in Article 22c, paragraphs 5 and 11;

(b)carrying out compositional survey of collected mixed municipal waste in accordance with Article 22d(6);

(c)providing information on sustainable consumption, waste prevention, re-use, preparing for re-use, recycling, other recovery and disposal of textiles and footwear products in accordance with Article 22c(13)(14) and (17);

(d)data gathering and reporting to the competent authorities in accordance with Article 37;

(e)support to research and development to improve the sorting and recycling processes, in particular, in view of scaling up fibre-to-fibre recycling, without prejudice to Union state aid rules.

5.Member States shall ensure that producers of textiles, textile-related and footwear products listed in Annex IVc cover the costs referred to in paragraph 4 of this Article in relation to the used and waste textiles, textile-related and footwear products listed in Annex IVc deposited at the collection points set up in accordance with Article 22c, points 5 and 11, where such products were made available on the market for the first time within the territory of a Member State after [P.O. insert date of entry into force of this amending Directive]. 

6.The costs to be covered referred to in paragraph 4 shall not exceed the costs that are necessary to provide the services referred to in that paragraph in a cost-efficient way and shall be established in a transparent way between the actors concerned.

7.For the purpose of compliance with Article 30, paragraph 1, points (d) and (e), of Regulation (EU) 2022/2065, Member States shall ensure that providers of online platforms, falling within the scope of Chapter 3, Section 4 of that regulation, allowing consumers to conclude distance contracts with producers offering textile, textile-related and footwear products listed in Annex IVc to consumers located in the Union obtain the following information from producers;

(a)information on the registration in the register of the producers referred to in Article 22b in the Member State where the consumer is located and the registration number(s) of the producer in that register;

(b)a self-certification by the producer committing itself to only offering textile, textile-related and footwear products listed in Annex IVc with regard to which the extended producer responsibility requirements referred to in paragraphs 1 and 4 of this Article and Article 22c(1) are complied with in the Member State where the consumer is located.

8.Member States shall ensure that the extended producer responsibility schemes laid down in paragraph 1 of this Article are established by [P.O insert date thirty months after the entry into force of this amending Directive] in accordance with Articles 8, 8a, 22a to 22d. 

Article 22b

Textile, textile-related and footwear producer register

1.Member States shall establish a register of producers of textile, textile-related and footwear products listed in Annex IVc to monitor compliance of those producers with Article 22a and 22c(1).

Member States shall ensure that the register provides links to other national registers to facilitate the registration of producers in all Member States.

2.Member States shall ensure that producers are required to register in the register referred to in paragraph 1. To that end, Member States shall require the producers to submit an application for registration in each Member State where they make textile, textile-related and footwear products listed in Annex IVc available on the market for the first time.

3.Member States shall only allow producers to make available on the market for the first time within their territory textile, textile-related and footwear products listed in Annex IVc where they or, in the case of authorisation, their authorised representatives for the extended producer responsibility, are registered in that Member State.

4.The application for registration shall include the following information:

(a)name, trademark and brand names, where available, under which the producer operates in the Member State and address of the producer including postal code and place, street and number, country, telephone, if any, web address and e-mail address, and name of a single contact point;

(b)national identification code of the producer, including its trade register number or equivalent official registration number and Union or national tax identification number;

(c)the Combined Nomenclature codes of the textile, textile-related and footwear products listed in Annex IVc that the producer intends to make available on the market for the first time within the territory of that Member State;

(d)the name, postal code, place, street and number, country, telephone, web address, e-mail address and national identification code of the producer responsibility organisation, trade register number or an equivalent official registration number, the Union or national tax identification number of the producer responsibility organisation, and the represented producer’s mandate;

(e)a statement by the producer or the producer responsibility organisation, stating that the information provided is true.

5.Member States shall ensure that the obligations under this Article may, on the producer’s behalf, be met by a producer responsibility organisation.

Where a producer has designated a producer responsibility organisation, the obligations under this Article shall be met by that organisation mutatis mutandis unless otherwise specified by the Member State.

6.Member States shall ensure that the competent authority:

(a)receives applications for the registration of producers referred to in paragraph 2 via an electronic data-processing system the details of which shall be made available on the competent authorities’ website;

(b)grants registrations and provides a registration number within a maximum period of 12 weeks from the moment that the information laid down in paragraph 4 is provided;

(c)may lay down detailed arrangements with respect to the requirements and process of registration without adding substantive requirements to the ones laid down in paragraph 4;

(d)may charge cost-based and proportionate fees to producers for the processing of applications referred to in paragraph 2.

7.The competent authority may refuse or withdraw the producer’s registration where the information outlined in paragraph 4 and related documentary evidence is not provided or is not sufficient or where the producer no longer meets the requirements set out in paragraph 4, point (d).

8.Member States shall require the producer, or, where applicable, the producer responsibility organisation to notify the competent authority without undue delay of any changes to the information contained in the registration in accordance with paragraph 4, point (d), and of any permanent cessation as regards the making available on the market for the first time within the territory of the Member State of the textile and footwear products referred to in the registration. A producer shall be excluded from the register of producers if it has ceased to exist.

9.Where the information in the register of producers is not publicly accessible, Member States shall ensure that providers of online platforms allowing consumers to conclude distance contracts with producers are granted access, free of charge, to the register.

10.The Commission shall adopt implementing acts establishing the harmonised format for registration in the register based on the information requirements set out in paragraph 4 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).

Article 22c

Producer responsibility organisations for textiles

1.Member States shall ensure that producers of textile, textile-related and footwear products listed in Annex IVc designate a producer responsibility organisation to fulfil their extended producer responsibility obligations laid down in Article 22a on their behalf.

2.Member States shall require producer responsibility organisations intending to fulfil the extended producer responsibility obligations on behalf of producers in accordance with Articles 8a(3), 22a, 22b, 22d and this Article to obtain an authorisation by a competent authority.

3.Member States shall require the producer responsibility organisations to ensure that the financial contributions paid to them by producers of textile, textile-related and footwear products listed in Annex IVc:

(a)are based on the weight of the products concerned and, for textile products listed in Part 1 of Annex IVc, are modulated on the basis of the ecodesign requirements adopted pursuant to the Regulation .../... of the European Parliament and of the Council [P.O. insert the serial number for the Ecodesign for Sustainable Products Regulation when adopted]** that are most relevant for the prevention of textile waste and for the treatment of textiles in line with the waste hierarchy and the corresponding measurement methodologies for those criteria adopted pursuant to that Regulation or on the basis of other Union law establishing harmonised sustainability criteria and measurement methods for textile products, and that ensure the improvement of environmental sustainability and circularity of textiles;

(b)are adjusted to take account of any revenues by the producer responsibility organisations from re-use, preparing for re-use or from the value of secondary raw materials from recycled waste textiles;

(c)ensure equal treatment of producers regardless of their origin or size, without placing disproportionate burden on producers, including small and medium sized enterprises, of small quantities of textile, textile-related and footwear products listed in Annex IVc.

4.Where necessary to avoid distortion of the internal market and ensure consistency with the ecodesign requirements adopted pursuant to Article 4 read in conjunction with Article 5 of Regulation.../... [P.O. insert the serial number for Ecodesign for Sustainable Products Regulation when adopted], the Commission may adopt implementing acts laying down the fee modulation criteria for the application of paragraph 3, point (a), of this Article. That implementing act shall not concern the precise determination of the level of the contributions and shall be adopted in accordance with the examination procedure referred to in Article 39(2) of this Directive.

5.Member States shall ensure that the producer responsibility organisations establish a separate collection system for used and waste textile, textile-related and footwear products listed in Annex IVc, regardless of their nature, material composition, condition, name, brand, trademark or origin, in the territory of a Member State where they make those products available on the market for the first time. The separate collection system shall:

(a)offer the collection of such used and waste textile, textile-related and footwear products to the entities referred to in paragraph 6, point a, and provide for the necessary practical arrangements for collection and transport of such used and waste textile, textile-related and footwear products, including the provision, free of charge, of suitable collection and transport containers to the connected collection points (“connected collection points”);

(b)ensure the collection, free of charge, of such used and waste textile, textile-related and footwear products collected at the connected collection points, with a frequency that is proportionate to the area covered and the volume of such used and waste textile and footwear products usually collected through those collection points;

(c)ensure the collection, free of charge, of waste generated by social enterprises and other non-waste operators from such textile, textile-related and footwear products collected through the connected collection points.

Any coordination among producer responsibility organisations remains subject to Union competition rules.

6.Member States shall ensure that the collection system referred to in paragraph 5:

(a)consists of collection points set up by the producer responsibility organisations and waste management operators on their behalf in cooperation with one or more of the following: social enterprises and social economy entities, distributors, public authorities or third parties carrying out collection on their behalf of used and waste textile, textile-related and footwear products listed in Annex IVc, and other voluntary collection points;

(b)covers the whole territory of the Member State taking into account population size and density, expected volume of used and waste textile, textile-related and footwear products listed in Annex IVc, accessibility and vicinity to end-users, not being limited to areas where the collection and subsequent management of those products is profitable;

(c)maintains a sustained increase of the separate collection rate to achieve technically feasible levels taking into account good practices.

7.Member States shall ensure that the collection rate referred to in paragraph 6, point (c) is calculated in accordance with paragraphs 8 and 9.

8.The separate collection rate referred to in paragraph 6, point (c) shall be calculated as the percentage obtained by dividing the weight of waste textile, textile-related and footwear products listed in Annex IVc collected in accordance with paragraph 5 in a given calendar year in a Member State by the weight of such waste textile, textile-related and footwear products that is generated and collected as mixed municipal waste.

9.The Commission shall adopt implementing acts laying down the methodology for the calculation and verification of the separate collection rate referred to in paragraph 6, point (c) of this Article. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 39(2).

10.Member States shall ensure that producer responsibility organisations are not allowed to refuse the participation of social enterprises and other re-use operators in the separate collection system established pursuant to paragraph 5.

11.Without prejudice to paragraph 5, points (a) and (b), and paragraph 6, point (a), Member States shall ensure that social enterprises are allowed to maintain and operate their own separate collection points and that they are given equal or preferential treatment in the location of the separate collection points. Member States shall ensure that social enterprises and social economy entities that are part of the connected collection points in accordance with paragraph 6, point (a) are not required to hand over collected used and waste textiles, textile-related and footwear products listed in Annex IVc to the producer responsibility organisation.

12.Member States shall ensure that collection points set up in accordance with paragraphs 5, 6 and 11 are not subject to the registration or permit requirements of this Directive.

13.Member States shall ensure that, in addition to the information referred to in Article 8a(2), producer responsibility organisations make available to end-users, in particular consumers, the following information regarding the sustainable consumption, re-use and end-of-life management of textile and footwear with respect to the textile, textile-related and footwear products listed in Annex IVc that the producers make available on the territory of a Member State:

(a)the role of consumers in contributing to waste prevention, including any best practices, notably by fostering sustainable consumption patterns and promoting good care of products while in use;

(b)re-use and repair arrangements available for textile and footwear;

(c)the role of consumers in contributing to the separate collection of used and waste textile and footwear;

(d)the impact on the environment, human health as well as social and human rights of textile production, in particular fast-fashion practices and consumption, recycling and other recovery and disposal and inappropriate discarding of textile and footwear waste, such as littering or discarding in mixed municipal waste.

14.Member States shall ensure that the producer responsibility organisation provide the information referred to in paragraph 13 on a regular basis, that the information is up to date and provided by means of:

(a)a website or other means of electronic communication;

(b)information in public spaces;

(c)education programmes and campaigns;

(d)signposting in a language, or languages, which can be easily understood by users and consumers.

15.Where, in a Member State, multiple producer responsibility organisations are authorised to fulfil extended producer responsibility obligations on behalf of producers, Member States shall ensure that they cover the whole territory of the Member State of the separate collection system for used and waste textile, textile-related and footwear products listed in Annex IVc. Member States shall entrust the competent authority or appoint an independent third party to oversee that producer responsibility organisations fulfil their obligations in coordinated manner and in accordance with the Union competition rules.

16.Member States shall require that producer responsibility organisations ensure the confidentiality of the data in their possession as regards proprietary information or information directly attributable to individual producers or their authorised representatives.

17.Member States shall ensure that producer responsibility organisations publish on their websites, in addition to the information referred to in Article 8a(3), point (e):

(a)at least each year, subject to commercial and industrial confidentiality, the information on the amount of products placed on the market, the rate of separate collection of used and waste textile, textile-related and footwear products listed in Annex IVc, including such unsold products, on the rates of re-use, preparation for re-use and recycling, specifying separately the rate of fibre-to-fibre recycling, achieved by the producer responsibility organisation, and on the rates of other recovery, disposal and exports;

(b)information on the selection procedure for waste management operators selected in accordance with paragraph 18.

18.Member States shall ensure that producer responsibility organisations provide for non-discriminatory selection procedure, based on transparent award criteria, without placing disproportionate burden on small and medium-sized enterprises to procure waste management services from waste management operators referred to in paragraph 6(a) and from waste management operators to carry out subsequent waste treatment.

19.Member States shall ensure that producer responsibility organisations require the reporting of data from the producers on the textile, textile-related and footwear products listed in Annex IVc made available on the market on an annual basis.

Article 22d

Management of textile waste

1.Member States shall ensure, by 1 January 2025 and subject to Article 10(2) and (3), the separate collection of textiles for re-use, preparation for re-use and recycling.

2.Member States shall ensure that the collection, loading and unloading, transportation and storage infrastructure and operations and other handling of textile waste, including at subsequent sorting and treatment operations, receives protection from weather conditions and other sources of contamination to prevent damage and cross-contamination of the collected textiles. Separately collected used and waste textiles shall be subject to a screening at the separate collection point to identify and remove non-target items or materials or substances that are a source of contamination.

3.Member States shall ensure that used and waste textiles, textile-related and footwear products that are separately collected in accordance with Article 22c(5) are considered waste upon collection.

With regard to textiles other than the products listed in Annex IVc, as well as unsold textile, textile-related and footwear products listed in Annex IVc, Member States shall ensure that the different fractions of textiles materials and textiles items are kept separate at the point of waste generation where such separation facilitates subsequent re-use, preparation for re-use or recycling, including fibre-to-fibre recycling where technological progress allows.

4.Member States shall ensure that used and waste textiles, textile-related and footwear products that are separately collected in accordance with Article 22c(5) are subject to sorting operations to ensure the treatment in line with the waste hierarchy established in Article 4(1).

5.Member States shall ensure that sorting operations of used and waste textile, textile-related and footwear products that are separately collected in accordance with Article 22c(5) comply with the following requirements:

(a)the sorting operation is to generate textiles for re-use and preparation for re-use;

(b)sorting for re-use operations sort textile items at an appropriate level of granularity, separating fractions that are fit for direct re-use from those that are to be subject to further preparation for re-use operations, target a specific re-use market applying up-to-date sorting criteria relevant to the receiving market; 

(c)items that are assessed as not suitable for re-use are sorted for recycling and, where technological progress allows, specifically for fibre-to-fibre recycling.

(d)the output of sorting and subsequent recovery operations destined for re-use meet the criteria for ceasing to be considered as waste, as referred to in Article 6.

6.By 31 December 2025 and every 5 years thereafter, Member States shall carry out a compositional survey of collected mixed municipal waste to determine the share of waste textiles therein. Member States shall ensure that, on the basis of the information obtained, the competent authorities may require the producer responsibility organisations to take corrective action to increase their network of collection points and carry out information campaigns in accordance with Article 22c(13) and (14).

7.Member States shall ensure that, in order to distinguish between used and waste textiles, shipments of used textiles, textile-related and footwear products suspected of being waste may be inspected by the competent authorities of Member States for compliance with the minimum requirements set out in paragraphs 8 and 9 for the shipments of used textile, textile related and footwear products listed in Annex IVc and monitored accordingly.

8.Member States shall ensure that shipments arranged on a professional basis of used textiles, textile-related and footwear products comply with the minimum record keeping requirements set out in paragraph 9 and are accompanied by at least the following information:

(a)a copy of the invoice and contract relating to the sale or transfer of ownership of the textiles, textile-related and footwear products which states that they are destined for direct re-use and that they are fit for direct re-use; 

(b)evidence of a prior sorting operation carried out in accordance with this Article and, where available, the criteria adopted pursuant to Article 6(2), in the form of a copy of the records on every bale within the consignment and a protocol containing all record information according to paragraph 9; 

(c)a declaration made by the natural or legal person in possession of used textiles, textile-related or footwear products that arranges, on a professional basis, the transport of used textiles, textile-related and footwear products that none of the material within the consignment is waste as defined by Article 3(1);  

(d)appropriate protection against damage during transportation, loading and unloading, in particular, through sufficient packaging and appropriate stacking of the load. 

9.Member States shall ensure that shipments of used textiles, textile-related and footwear products comply with the following minimum record keeping requirements:

(a)the record of the sorting or preparation for re-use operations shall be fixed securely but not permanently on the packaging; 

(b)    the record shall contain the following information: 

(1)a description of the item or items present in the bale reflecting the most detailed sorting granularity that the textile items have undergone during the sorting or preparation for re-use operations such as type of clothes, size, colour, gender, material composition, 

(2)the name and address of the company responsible for the final sorting or preparation for re-use.

10.Member States shall ensure that, where the competent authorities in a Member State establish that an intended shipment of used textiles, textile-related and footwear consists of waste, the costs of appropriate analyses, inspections and storage of used textiles, textile-related and footwear suspected of being waste may be charged to the producers of textile, textile-related and footwear products listed in Annex IVc, to third parties acting on their behalf or to other persons arranging the shipment.

* 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).

** Regulation …/… (OJ …..p. ) [P.O. insert the publication details for the Ecodesign for Sustainable Products Regulation]’;

(8)in Article 29, paragraph 2a is deleted.

(9)the following Article 29a is inserted:

‘Article 29a

Food waste prevention programmes

1.By [P.O. insert date of two years after entry into force of this amending Directive], Member States shall review and adapt their food waste prevention programmes, with a view of attaining the targets provided for in Article 9a(4). Those programmes shall at least contain the measures laid down in Article 9(1) and 9a(1)) and, where relevant, the measures listed in Annexes IV and IVa.

2.Each Member State shall designate the competent authorities responsible for the coordination of the food waste reduction measures implemented in order to reach the target set out in Article 9a(4) and inform accordingly the Commission by [P.O. insert the date of within three months after the entry into force of this amending Directive]. The Commission shall subsequently publish that information on the relevant EU website.’;

(10)Article 37 is amended as follows:

(a)in paragraph 3, the first sub-paragraph is replaced by the following:

‘Member States shall report the data concerning the implementation of Article 9(4) and the data referred to in point (a) of Article 22c(17) to the European Environment Agency every year. Member States shall not be required to report quantitative data on the re-use of textiles pursuant to Article 9(4). Member States shall report the data concerning the implementation of Article 9a(2) to the Commission every year.’;

(b)paragraph 7 is replaced by the following:

‘7. The Commission shall adopt implementing acts laying down the format for reporting the data referred to in paragraphs 1, 3, 4 and 5 of this Article. For the purposes of reporting on the implementation of points (a) and (b) of Article 11(2), Member States shall use the format established in Commission Implementing Decision of 18 April 2012 establishing a questionnaire for Member States reports on the implementation of Directive 2008/98/EC of the European Parliament and of the Council on waste. For the purpose of reporting on food waste, the methodology developed under Article 9a(3) shall be taken into account when developing the format for reporting. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2) of this Directive.’;

(11)Article 38 is amended as follows:

(a)paragraphs 2 and 3 are replaced by the following:

‘2. The power to adopt delegated acts referred to in Articles 7(1), 9a(3), 11a(10), 27(1), 27(4), 38(2) and 38(3) shall be conferred on the Commission for a period of five years from 4 July 2018. The power to adopt delegated acts referred to in Article 22a(2) shall be conferred on the Commission for a period of five years from [PO insert date eighteen months after the entry into force of this amending Directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3. The delegation of power referred to in Articles 7(1), 9a(3), 11a(10), 22a(2), 27(1), 27(4), 38(2) and 38(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.’;

(b)paragraph 6 is replaced by the following:

‘6. A delegated act adopted pursuant to Articles 7(1), 9a(3), 11a(10), 22a(2), 27(1), 27(4), 38(2) and 38(3) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.’;

(12)Annex IVc is inserted as set out in the Annex to this Directive.

Article 2

Transposition

1.Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [P.O. insert date eighteen months after the entry into force of this amending Directive] at the latest. They shall forthwith communicate to the Commission the text of those provisions.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 3

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 4

Addressees

This Directive is addressed to the Member States.

Done at Brussels,

LEGISLATIVE FINANCIAL STATEMENT

1.FRAMEWORK OF THE PROPOSAL/INITIATIVE

1.1.Title of the proposal/initiative

1.2.Policy area(s) concerned

1.3.The proposal/initiative relates to:

1.4.Objective(s)

1.4.1.General objective(s)

1.4.2.Specific objective(s)

1.4.3.Expected result(s) and impact

1.4.4.Indicators of performance

1.5.Grounds for the proposal/initiative

1.5.1.Requirement(s) to be met in the short or long term including a detailed timeline for roll-out of the implementation of the initiative

1.5.2.Added value of Union involvement (it may result from different factors, e.g. coordination gains, legal certainty, greater effectiveness or complementarities). For the purposes of this point 'added value of Union involvement' is the value resulting from Union intervention, which is additional to the value that would have been otherwise created by Member States alone.

1.5.3.Lessons learned from similar experiences in the past

1.5.4.Compatibility with the Multiannual Financial Framework and possible synergies with other appropriate instruments

1.5.5.Assessment of the different available financing options, including scope for redeployment

1.6.Duration and financial impact of the proposal/initiative

1.7.Method(s) of budget implementation planned

2.MANAGEMENT MEASURES

2.1.Monitoring and reporting rules

2.2.Management and control system(s)

2.2.1.Justification of the management mode(s), the funding implementation mechanism(s), the payment modalities and the control strategy proposed

2.2.2.Information concerning the risks identified and the internal control system(s) set up to mitigate them

2.2.3.Estimation and justification of the cost-effectiveness of the controls (ratio of "control costs ÷ value of the related funds managed"), and assessment of the expected levels of risk of error (at payment & at closure)

2.3.Measures to prevent fraud and irregularities

3.ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE

3.1.Heading(s) of the multiannual financial framework and expenditure budget line(s) affected

3.2.Estimated financial impact of the proposal on appropriations

3.2.1.Summary of estimated impact on operational appropriations

3.2.2.Estimated output funded with operational appropriations

3.2.3.Summary of estimated impact on administrative appropriations

3.2.3.1.Estimated requirements of human resources

3.2.4.Compatibility with the current multiannual financial framework

3.2.5.Third-party contributions

3.3.Estimated impact on revenue

1.FRAMEWORK OF THE PROPOSAL/INITIATIVE 

1.1.Title of the proposal/initiative

1.2.Policy area(s) concerned 

1.3.The proposal/initiative relates to: 

 a new action 

 a new action following a pilot project/preparatory action 86  

 the extension of an existing action 

 a merger or redirection of one or more actions towards another/a new action 

1.4.Objective(s)

1.4.1.General objective(s)

1.4.2.Specific objective(s)

1.4.3.Expected result(s) and impact

Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted.

1.4.4.Indicators of performance

Specify the indicators for monitoring progress and achievements.

1.5.Grounds for the proposal/initiative 

1.5.1.Requirement(s) to be met in the short or long term including a detailed timeline for roll-out of the implementation of the initiative

1.5.2.Added value of Union involvement (it may result from different factors, e.g. coordination gains, legal certainty, greater effectiveness or complementarities). For the purposes of this point 'added value of Union involvement' is the value resulting from Union intervention, which is additional to the value that would have been otherwise created by Member States alone.

1.5.3.Lessons learned from similar experiences in the past

1.5.4.Compatibility with the Multiannual Financial Framework and possible synergies with other appropriate instruments

1.5.5.Assessment of the different available financing options, including scope for redeployment

1.6.Duration and financial impact of the proposal/initiative

 limited duration

–    in effect from [DD/MM]YYYY to [DD/MM]YYYY

–    Financial impact from YYYY to YYYY for commitment appropriations and from YYYY to YYYY for payment appropriations.

 unlimited duration

–Implementation with a start-up period from 2024 to 2028,

–followed by full-scale operation.

1.7.Method(s) of budget implementation planned 87  

 Direct management by the Commission

– by its departments, including by its staff in the Union delegations;

–    by the executive agencies  

 Shared management with the Member States

 Indirect management by entrusting budget implementation tasks to:

– third countries or the bodies they have designated;

– international organisations and their agencies (to be specified);

– the EIB and the European Investment Fund;

– bodies referred to in Articles 70 and 71 of the Financial Regulation;

– public law bodies;

– bodies governed by private law with a public service mission to the extent that they are provided with adequate financial guarantees;

– bodies governed by the private law of a Member State that are entrusted with the implementation of a public-private partnership and that are provided with adequate financial guarantees;

– bodies or persons entrusted with the implementation of specific actions in the CFSP pursuant to Title V of the TEU, and identified in the relevant basic act.

–If more than one management mode is indicated, please provide details in the ‘Comments’ section.

Comments

2.MANAGEMENT MEASURES 

2.1.Monitoring and reporting rules 

Specify frequency and conditions.

2.2.Management and control system(s) 

2.2.1.Justification of the management mode(s), the funding implementation mechanism(s), the payment modalities and the control strategy proposed

2.2.2.Information concerning the risks identified and the internal control system(s) set up to mitigate them

2.2.3.Estimation and justification of the cost-effectiveness of the controls (ratio of "control costs ÷ value of the related funds managed"), and assessment of the expected levels of risk of error (at payment & at closure) 

2.3.Measures to prevent fraud and irregularities 

Specify existing or envisaged prevention and protection measures, e.g. from the Anti-Fraud Strategy.

3.ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE 

3.1.Heading(s) of the multiannual financial framework and expenditure budget line(s) affected 

·Existing budget lines

In order of multiannual financial framework headings and budget lines.

·New budget lines requested

N/A

3.2.Estimated financial impact of the proposal on appropriations 

3.2.1.Summary of estimated impact on operational appropriations 

–    The proposal/initiative does not require the use of operational appropriations

–    The proposal/initiative requires the use of operational appropriations, as explained below:

EUR million (to three decimal places)

This section should be filled in using the 'budget data of an administrative nature' to be firstly introduced in the Annex to the Legislative Financial Statement (Annex 5 to the Commission decision on the internal rules for the implementation of the Commission section of the general budget of the European Union), which is uploaded to DECIDE for interservice consultation purposes.

DG ENV costs stem from the co-decision process and implementation as well as the various implementing acts proposed under the proposed amendments.  

Existing staff (0.75 FTE, AD) will be fully employed for the negotiation and general implementation of the amended Directive and the different preparatory work and drafting of the implementing acts according to the deadlines proposed in amendment. The latter will require 0.33 FTE (AD). 

3 additional contractual staff (3 CAs) are needed to perform the technical work, including: 

- Implementing acts establishing the harmonised format for registration in the register 

- Possible delegated acts to amend the Combined Nomenclature codes listed in Annex IVc to bring them in line with the codes listed in Annex 1 of Council Regulation (EEC) No 2658/87 and to ensure the legal certainty on the products covered by the extended producer responsibility 

- Possible implementing act laying down criteria for producer responsibility organisations for the financial contributions paid to them by producers 

-  Implementing act laying down the methodology for the calculation and verification of the separate collection rate 

- Implementing acts adopted pursuant to paragraph 37 of this Article laying down the format for reporting the data referred to in paragraph 1 to adapt them to the requirements set out in paragraph 3 of that Article. 

DG SANTE costs stem from the co-decision process and the monitoring of performance across Member States. They reflect existing staff (AD).

EUR million (to three decimal places) 

3.2.2.Estimated output funded with operational appropriations 

Commitment appropriations in EUR million (to three decimal places)

3.2.3.Summary of estimated impact on human resources and administrative appropriations 

Estimated requirements on administrative appropriations in the Commission

–    The proposal/initiative does not require the use of appropriations of an administrative nature.

–    The proposal/initiative requires the use of appropriations of an administrative nature, as explained below:

EUR million (to three decimal places)  

The appropriations required for human resources and other expenditure of an administrative nature will be met by appropriations from the DG that are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.

3.2.3.3.Estimated requirements of human resources in the Commission 

–    The proposal/initiative does not require the use of human resources.  

–    The proposal/initiative requires the use of human resources, as explained below: 

XX is the policy area or budget title concerned.

The human resources required will be met by staff from the DG who are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.

Description of tasks to be carried out:

3.2.4.Compatibility with the current multiannual financial framework 

The proposal/initiative:

–    can be fully financed through redeployment within the relevant heading of the Multiannual Financial Framework (MFF).

–    requires use of the unallocated margin under the relevant heading of the MFF and/or use of the special instruments as defined in the MFF Regulation.

–    requires a revision of the MFF.

3.2.5.Third-party contributions 

The proposal/initiative:

–    does not provide for co-financing by third parties

–    provides for the co-financing by third parties estimated below:

Appropriations in EUR million (to three decimal places)

3.3.Estimated impact on revenue 

–    The proposal/initiative has no financial impact on revenue.

–    The proposal/initiative has the following financial impact:

    on own resources

    on other revenue

please indicate, if the revenue is assigned to expenditure lines     

EUR million (to three decimal places)

For assigned revenue, specify the budget expenditure line(s) affected.

Other remarks (e.g. method/formula used for calculating the impact on revenue or any other information).

(1)    Communication from the Commission to the European Parliament, the European Council, the European Economic and Social Committee and the Committee of the Regions on the European Green Deal, COM(2019) 640 final.

(2)    A new Circular Economy Action Plan: For a cleaner and more competitive Europe, COM(2020)98 final of 11.3.2020.

(3)     EU Transition Pathways (europa.eu)

(4)    OJ L 312 22.11.2008, p. 3.

(5)    European Environment Agency, Waste prevention in Europe, 2021,  Waste prevention in Europe — European Environment Agency (europa.eu)

(6)    Lai, O., What is fast fashion, Earth.org, 2021,  https://earth.org/what-is-fast-fashion

(7)    Stakeholder workshop.

(8)    European Commission, Joint Research Centre, 2021,  https://data.europa.eu/doi/10.2760/858144 .

(9)    European Commission, Joint Research Centre. Techno-scientific assessment of the management options for used and waste textiles. 2023 (under development)

(10)    European Commission, Joint Research Centre. Techno-scientific assessment of the management options for used and waste textiles. 2023 (under development).

(11)    European Environment Agency, 2019.

(12)    EEA. Textiles and the environment: the role of design in Europe’s circular economy (2022). Available at: https://www.eea.europa.eu/publications/textiles-and-the-environment-the.

(13)    Ellen Mac Arthur Foundation, 2017, https://ellenmacarthurfoundation.org/a-new-textiles-economy.

(14)    The waste hierarchy is a central concept in the WFD that establishes an order of preference for managing and disposing of waste: prevention first (including re-use) followed by waste management operations: preparing for re-use, recycling, recovery and last disposal. It is operationalised through specific rules and performance targets, such as setting separate collection obligations and targets for prevention, recycling or diversion from landfill.

(15)    COM(2020)98 final.

(16)    COM(2022)141 final.

(17)    Sanye Mengual, E. and Sala, S., 2023. Consumption Footprint and Domestic Footprint: Assessing the environmental impacts of EU consumption and production. 

(18)    Sanyé-Mengual, E., Biganzoli, F., Valente, A., Pfister, S., & Sala, S. (2023). What are the main environmental impacts and products contributing to the biodiversity footprint of EU consumption? A comparison of life cycle impact assessment methods and models.

(19)     https://ec.europa.eu/eurostat/databrowser/view/env_wasfw/default/table?lang=en

(20)    Calculated using the Consumption Footprint methodology, as presented in: European Commission, Joint Research Centre, Sanyé Mengual, E., Sala, S., Consumption footprint and domestic footprint: assessing the environmental impacts of EU consumption and production: life cycle assessment to support the European Green Deal, Publications Office of the European Union, 2023, https://data.europa.eu/doi/10.2760/218540.

(21)    A m3-world eq. represents a cubic meter consumed on average in the world. The average refers to a consumption-weighted average, and hence represents the locations where water is currently consumed.

(22)    Assessed considering impacts on four soil properties: biotic production, erosion resistance, groundwater regeneration and mechanical filtration, as presented in: De Laurentiis, V., Secchi, M., Bos, U., Horn, R., Laurent, A. and Sala, S., Soil quality index: Exploring options for a comprehensive assessment of land use impacts in LCA, Journal of Cleaner Production, 215, pp.63-74, 2019.

(23)    The Consumption Footprint covers the 16 impact categories of the Environmental Footprint (European Commission, 2021) including freshwater eutrophication which is caused mainly by phosphorous emissions.

(24)    OJ L 471, 30.12.2021, p. 1–396.

(25)    Eurostat, 2022 (see note 92, page 32).

(26)    Manfredi, S., & Cristobal, J., Towards more sustainable management of European food waste: Methodological approach and numerical application. Waste Management and Research, 34(9), 957–968, 2016, https://doi.org/10.1177/0734242X16652965.

(27)    European Commission, Directorate-General for Agriculture and Rural Development, EU agricultural outlook for markets, income and environment 2022-2032, Publications Office of the European Union, 2023, p. 43. https://data.europa.eu/doi/10.2762/29222. Note: very small variation (less than 1%), because of slightly different MAGNET baseline used.

(28)    Eurostat, October 2022. Living conditions in Europe - material deprivation and economic strain - Statistics Explained

(29)    The need to ensure access to food and solidarity in the food supply chain is also highlighted in the recommendations of the European citizens’ panel on food waste. For the complete set of recommendations, see Annex 16 of the Impact Assessment Report.

(30)    COM(2020)381 final

(31)    OJ L 248, 27.9.2019, p.77-85.

(32)    OJ C 361, 25.10.2017, p. 1–29.

(33)    OJ C 133, 16.4.2018, p. 2–18.

(34)    https://food.ec.europa.eu/safety/food-waste/eu-actions-against-food-waste/eu-platform-food-losses-and-food-waste_en

(35)    https://food.ec.europa.eu/system/files/2021-05/fs_eu-actions_action_platform_key-rcmnd_en.pdf

(36)    https://ec.europa.eu/food/safety/food_waste/eu_actions/date_marking_en

(37)    https://ec.europa.eu/food/safety/food_waste/eu-food-loss-waste-prevention-hub/eu-member-state-page/show/FI

(38)    https://restwith.eu/

(39)    European Commission, Joint Research Centre, Caldeira, C., Sala, S., De Laurentiis, V., Assessment of food waste prevention actions. Development of an evaluation framework to assess the performance of food waste prevention actions, Publications Office, 2019. 

(40)    See projects  CHORIZO  and  ToNoWaste

(41)    See projects  FOLOU  and  WASTELESS

(42)    Example:  HaDEA 2022 call for proposals to help stakeholders take action on fighting food waste

(43)    European Commission, Food Safety, EU Code of Conduct on Responsible Food Business and Marketing Practices, 2021

(44)    COM/2022/66 final

(45)    COM/2021/709 final

(46)    COM/2022/142 final

(47)    OJ L 272 18.10.2011, p. 1

(48)    OJ L 396 30.12.2006, p. 1

(49)    COM(2020) 562 final

(50)    COM(2012)060 final

(51)    https://op.europa.eu/en/publication-detail/-/publication/404a8144-8892-11ec-8c40-01aa75ed71a1

(52)     https://data.consilium.europa.eu/doc/document/ST-15441-2022-INIT/en/pdf

(53)    SWD(2023)4 final, Drivers of food security.

(54)    OJ C 326, 26.10.2012, p.47. 

(55)    European Commission, Have your say, Published initiatives, Environmental impact of waste management – revision of EU waste framework, https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/13225-Environmental-impact-of-waste-management-revision-of-EU-waste-framework_en

(56)    European Commission, Have your say, published initiatives, Food waste – reduction targets, https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/13223-Food-waste-reduction-targets_en

(57)    198 indicated on  Environmental impact of waste management – revision of EU waste framework (europa.eu)  because one is a duplication from WEEE forum.

(58)    All received contributions were considered valid. 

(59)    The high number of respondents from Belgium is assumed to result from the fact that Brussels hosts many of the organisations representing different groups of interest before EU Institutions, such as industry associations, non-governmental and consumers' organisations etc.

(60)    European Citizens’ Panel on Food Waste, Final recommendations , February 2023

(61)     European Commission, Joint Research Centre. Circular economy perspectives in the EU Textile sector. 2021 and European Commission, Joint Research Centre. Techno-scientific assessment of the management options for used and waste textiles. 2023 (under development).

(62)    De Laurentiis, V, Mancini, L, Casonato, C, Boysen-Urban, K, De Jong, B, M’Barek, R, Sanyé Mengual, E, Sala, S. Setting the scene for an EU initiative on food waste reduction targets. Publication Office of the European Union, Luxembourg, 2023, doi: 10.2760/13859, JRC133967.

(63)    De Jong B, Boysen-Urban K, De Laurentiis V, Philippidis G, Bartelings  H, Mancini L, Biganzoli F, Sanyé Mengual E, Sala S, Lasarte-López J, Rokicki B, M’barek R. Assessing the economic, social and environmental impacts of food waste reduction targets. A model-based analysis. Publications Office of the European Union, Luxembourg, 2023, doi:10.2760/77251, JRC133971.

(64)     https://ec.europa.eu/eurostat/statistics-explained/index.php?title=Food_waste_and_food_waste_prevention_-_estimates . The database can be found under code ( env_wasfw ) at Eurostat website)

(65)    For an overview of the channels through which the circular economy impacts competitiveness, please see Flachenecker, F. (2018) The causal impact of material productivity on macroeconomic competitiveness in the EU. Environmental Economics and Policy Studies 20, 17–46. https://doi.org/10.1007/s10018-016-0180-3 and Flachenecker, F., Kornejew, M. (2019) The causal impact of material productivity on microeconomic competitiveness and environmental performance in the EU. Environmental Economics and Policy Studies 21, 87–122. https://doi.org/10.1007/s10018-018-0223-z

(66)    COM/2014/0397 final

(67)    OJ C , , p. .

(68)    OJ C , , p. .

(69)    COM(2020)98 final of 11 March 2020.

(70)    EU Transition Pathways (europa.eu)

(71)    COM(2022)141 final of 30 March 2022.

(72)    For the complete list of recommendations, see Annex 16 of the Impact Assessment Report.

(73)    OJ L 140, 5.6.2009, p. 114.

(74)    OJ L 114, 27.4.2006, p. 9.

(75)    OJ L 312, 22.11.2008, p. 3.

(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).

(77)    Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).

(78)    OJ L 256, 7.9.1987, p. 1.

(79)    COM (2021) 778 final of 9 December 2021.

(80)    OJ to insert the reference number once adopted.

(81)    Regulation (EU) No 1007/2011 of the European Parliament and of the Council of 27 September 2011 on textile fibre names and related labelling and marking of the fibre composition of textile products and repealing Council Directive 73/44/EEC and Directives 96/73/EC and 2008/121/EC of the European Parliament and of the Council (OJ L 272, 18.10.2011, p. 1).

(82)    OJ to insert the reference number once adopted.

(83)    OJ L 277, 27.10.2022, p. 1.

(84)    OJ to insert the reference number once adopted.

(85)    Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.02.2011, p. 13).

(86)    As referred to in Article 58(2)(a) or (b) of the Financial Regulation.

(87)    Details of budget implementation methods and references to the Financial Regulation may be found on the BUDGpedia site: https://myintracomm.ec.europa.eu/corp/budget/financial-rules/budget-implementation/Pages/implementation-methods.aspx

(88)    Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations.

(89)    EFTA: European Free Trade Association.

(90)    Candidate countries and, where applicable, potential candidates from the Western Balkans.

(91)    Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.).

(92)    As described in point 1.4.2. ‘Specific objective(s)…’

(93)    Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.

(94)    Sub-ceiling for external staff covered by operational appropriations (former ‘BA’ lines).

(95)    Year N is the year in which implementation of the proposal/initiative starts. Please replace "N" by the expected first year of implementation (for instance: 2021). The same for the following years.

(96)    As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net amounts, i.e. gross amounts after deduction of 20 % for collection costs.

EUROPEAN COMMISSION

Brussels, 5.7.2023

COM(2023) 420 final

ANNEX

to the

Directive of the European Parliament and of the Council amending Directive 2008/98/EC on waste

{SEC(2023) 420 final} - {SWD(2023) 420 final} - {SWD(2023) 421 final} - {SWD(2023) 422 final}

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