What changed between the plenary report and the adopted text

Added:(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.

Added:(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.

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

Added:(39a) It is important that Member States’ implementation of Council Directive 1999/31/EC is substantially and rapidly improved, as environmental harm in the Union, including cross-border issues, is caused by the prevalence and emergence of illegal dumping sites and landfills across different Member States, like landfills which do not meet the standards and requirements laid out in that Directive. As such, it is appropriate for the Commission to evaluate, review and, where appropriate, present a legislative proposal to amend Council Directive 1999/31/EC. It is important that the evaluation assess ways to strengthen implementation provisions. [Am. 29]

Added:(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,.

Added:(40a) It is important to emphasise the need for the Commission to continue its efforts with bringing waste management in line with the principles of circular economy and to consider a targeted revision aimed at healthcare waste, especially pharmaceutical waste from private households. Furthermore, it is important to reduce, reuse and recycle health care waste materials to minimise their environmental impact and resource depletion while safeguarding public health. This would help underscore the Union's dedication to responsible waste management and make healthcare facilities and industry a crucial partner in the Commission's broader efforts to reduce waste and promote sustainability, [Am. 30]

Added:HAVE ADOPTED THIS DIRECTIVE:

Added:Article 1 Amendments

Added:Directive 2008/98/EC is amended as follows:

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

Added:'(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*;

Added:________________

Added:* 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).’;

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

Added:‘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:

Added:(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;

Added:(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;

Added:(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

Added:(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;

Added: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;

Added: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;

Added: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**;

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

Added:8a. ‘social enterprise’ means a private law entity that provides goods and services for the market in an entrepreneurial way and in accordance with the principles and features of the social economy, having social or environmental objectives as the reason for its commercial activity; social enterprises can be set up in a variety of legal forms; [Am. 31]

Added:________________

Added:* 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).

Added:** 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).’;

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

Added:(4) the following Article 9a is inserted:

Added:‘Article 9a Prevention of food waste generation

Added:1. Member States shall take appropriate measures to prevent generation of food waste along the entire food supply chain, in primary production, in processing and manufacturing, in retail and other distribution of food, in restaurants and food services as well as in households. Those measures shall include, but not be limited to, the following: [Am. 32]

Added:(a) developing and supporting behavioural change interventions to reduce food waste, and information campaigns to raise awareness about food waste prevention as well as food production; [Am. 33]

Added:(b) identifying and addressing inefficiencies in the functioning of the food supply chain and support cooperation amongst all actors, while ensuring a fair distribution of costs and benefits of prevention measures, which may include:

Added:- the promotion of fruits and vegetables with external defects that are not compliant with EU or UNECE marketing standards, but still suitable and safe for local or direct consumption, as set out in Commission Delegated Regulation (EU) 2023/2429* ("ugly" fruits and vegetables); and

Added:- tackling market practices that cause food waste, including those set out in Directive (EU) 2019/633** of the European Parliament and of the Council; [Am. 34]

Added:(c) encouraging, food donation and other ensuring redistribution for human consumption, prioritising human use over animal feed and the reprocessing into non-food products; [Am. 35]

Added:(d) supporting training and skills development, including in local authorities, as well as facilitating access to funding opportunities, in particular for small and medium sized enterprises and social economy actors.; [Am. 36]

Added:(da) encouraging and promoting innovation and technological solutions which contribute to the prevention of food waste, such as intelligent packaging intended to extend the shelf-life or to maintain or improve the condition of packaged food in accordance with Commission Regulation (EC) No 450/2009***, especially during transportation and storage, and clearer date labelling on food products and user-friendly tools to reduce confusion and facilitate the use of date markings, in accordance with Regulation (EU) No 1169/2011, contributing to the prevention of unnecessary discarding of food items which are still safe for consumption. [Am. 37]

Added:Member States shall ensure that all relevant actors in the supply chain are involved proportionately to their capacity and role in generating food waste and in preventing the generation of food waste along the food supply chain, with a specific focus on preventing disproportionate impact on small and medium sized enterprises. Member States shall take appropriate measures to ensure that economic operators make available for donation unsold food that is safe for human consumption. [Am. 38]

Added:2. Member States shall monitor and assess the implementation of their food waste prevention measures, including compliance with the food waste reduction targets referred to in paragraph 4, by measuring the levels of food waste on the basis of the methodology established in accordance with paragraph 3. [Am. 39]

Added:3. The Commission is empowered to adopt delegated acts in accordance with Article 38a to amend Commission Delegated Decision (EU) 2019/1597 and supplement this Directive as regards laying down a common methodology and minimum quality requirements for the uniform measurement of food waste levels. [Am. 40]

Added:3a. The methodology, measurement methods and data used to measure the levels of food waste referred to in paragraph 3 shall be made publicly available. [Am. 41]

Added: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:

Added:(a) reduce the generation of food waste in processing and manufacturing by 10 at least 20 % in comparison to the amount generated in 2020 as an annual average between 2020 and 2022; [Am. 42]

Added:(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 at least 40 % in comparison to the amount generated in 2020 as an annual average between 2020 and 2022. [Am. 43]

Added:5. Where a Member State can provide data for a reference year prior to 2020, which have been collected using methods comparable to the methodology and minimum quality requirements for the uniform measurement of levels of food waste as set out in the Commission Delegated Decision (EU) 2019/1597, an earlier reference year may be used. That earlier reference year shall apply to both of the targets referred to in paragraph 4, points (a) and (b). The Member State shall notify the Commission and the other Member States of its intention to use an earlier reference year within 18 months of the entry into force of this Directive and shall provide the Commission with the data and measurement methods used to collect them and make them publicly available. [Am. 44]

Added: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.

Added: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.;

Added:7a. Member States are encouraged to coordinate their actions to prevent food waste and share best practices. [Am. 45]

Added:7b. By 31 December 2025, the Commission shall conduct an assessment on the appropriate levels for the setting of targets for the reduction of all primary production food waste, including mature food left unharvested or used on farms. To that end, the Commission shall submit a report to the European Parliament and to the Council, accompanied, if appropriate, by a legislative proposal. [Am. 46]

Added:7c. By 31 December 2027, the Commission shall carry out an evaluation of the possibility to introduce a binding target of at least 30 % with respect to Article 9a(4), point (a), and at least 50 % with respect to Article 9a(4), point (b), to be reached by 2035 and submit a report to the European Parliament and the Council which may be accompanied by appropriate legislative proposal to implement such target. [Am. 47]

Added:________________

Added:* Commission Delegated Regulation (EU) 2023/2429 of 17 August 2023 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards marketing standards for the fruit and vegetables sector, certain processed fruit and vegetable products and the bananas sector, and repealing Commission Regulation (EC) No 1666/1999 and Commission Implementing Regulations (EU) No 543/2011 and (EU) No 1333/2011 (OJ L, 2023/2429, 03.11.2023, ELI: http://data.europa.eu/eli/reg_del/2023/2429/oj).

Added:** Directive (EU) 2019/633 of the European Parliament and of the Council of 17 April 2019 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain (OJ L 111, 25.4.2019, p. 59).

Added:*** Commission Regulation (EC) No 450/2009 of 29 May 2009 on active and intelligent materials and articles intended to come into contact with food (OJ L 135, 30.5.2009, p. 3).’;

Added:(4a) In Article 10, the following paragraph is inserted:

Added:‘2a. Member States are encouraged, where appropriate, to introduce prior sorting of municipal mixed waste to prevent waste, which can be recovered for preparing for re-use, or recycling, from being sent to waste incineration or disposed in landfills.’; [Am. 48]

Added:(4b) In Article 10, paragraph 4 is replaced by the following:

Added:‘4. Member States shall take measures to ensure that waste that has been separately collected for preparing for re-use and recycling pursuant to Article 11(1) and Article 22 is not incinerated or landfilled, with the exception of waste resulting from subsequent treatment operations of the separately collected waste for which incineration delivers the best environmental outcome in accordance with Article 4.’; [Am. 49]

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