Waste Framework Directive Revision

Introduction and Overview

This proposal, presented by the European Commission on July 5, 2023, introduces targeted amendments to the Waste Framework Directive (WFD) 2008/98/EC. It focuses on two of the most resource-intensive sectors: textiles and food. The initiative aims to tackle the significant negative environmental and climate impacts associated with waste generation in these areas, promoting a transition to a circular economy in line with the European Green Deal and the Circular Economy Action Plan.

For textiles, the proposal introduces mandatory and harmonized Extended Producer Responsibility (EPR) schemes across all EU Member States. This measure intends to implement the 'polluter pays' principle, making producers financially responsible for the entire lifecycle of their products, particularly at the end-of-life stage.

For food, the proposal sets legally binding targets for Member States to reduce food waste by 2030, addressing inefficiencies across the entire food supply chain and contributing to the UN's Sustainable Development Goal (SDG) Target 12.3.

Evolution and Relation to Other Laws

This proposal builds directly upon the existing Waste Framework Directive (WFD) 2008/98/EC, particularly its 2018 revision which mandated the separate collection of textiles by January 1, 2025, and required Member States to monitor and report on food waste levels.

It is a key component of a broader EU policy framework, including:

• The European Green Deal: The overarching strategy for a climate-neutral continent.
• The Circular Economy Action Plan: Outlines the EU's agenda for a cleaner and more competitive Europe.
• The EU Strategy for Sustainable and Circular Textiles: Specifically calls for harmonized EPR rules for textiles.
• The Farm to Fork Strategy: Aims to make food systems fair, healthy, and environmentally-friendly.
• Ecodesign for Sustainable Products Regulation (ESPR): The proposal aligns with the ESPR by linking EPR fee modulations for textiles to ecodesign criteria like durability and recyclability.
• Waste Shipments Regulation (WSR): The proposal complements the WSR by introducing rules to prevent the illegal shipment of textile waste disguised as used goods.

Main Goals and Objectives

The primary goals are to reduce the environmental footprint of the textile and food sectors.

For Textiles:

• Improve textile waste management in line with the waste hierarchy (prioritizing prevention, re-use, and recycling).
• Implement the polluter-pays principle through harmonized EPR schemes.
• Create a robust market for the collection, sorting, re-use, and high-quality (fibre-to-fibre) recycling of textiles.
• Incentivize producers to design more sustainable and circular products.

For Food Waste:

• Accelerate the reduction of food waste across the EU to contribute significantly to SDG Target 12.3 (halve per capita food waste by 2030).
• Assign clear responsibility to Member States through legally binding targets.
• Reduce the environmental and climate impacts of the food system and enhance food security.

Who It Applies To

The directive targets a wide range of actors:

• EU Member States: Responsible for transposing the directive, establishing the legal framework for EPR schemes, and ensuring targets are met.
• Producers of Textiles, Apparel, and Footwear: This includes manufacturers, importers, and distributors who first place products on the market in an EU country. They will be subject to EPR obligations.
• Producer Responsibility Organisations (PROs): Entities that will manage the EPR obligations on behalf of producers.
• Online Platforms: Required to verify that producers selling textiles on their sites comply with EPR registration.
• Waste Management Sector: Companies and social enterprises involved in the collection, sorting, and treatment of textile waste.
• Food Supply Chain Actors: Entities from primary production, processing, manufacturing, retail, and food services.

Key Dates and Timeline

• Proposal Date: July 5, 2023
• Separate Collection of Textiles: The existing obligation for Member States to ensure separate collection for textiles comes into force on January 1, 2025.
• Establishment of EPR Schemes: Member States must establish the textile EPR schemes within 30 months of the amending directive's entry into force.
• Food Waste Reduction Deadline: The targets for food waste reduction must be met by December 31, 2030.
• Review of Food Waste Targets: The Commission will review the targets by December 31, 2027, to potentially increase their ambition.
• Transposition Deadline: Member States must transpose the directive into national law within 18 months of its entry into force.

Exemptions

The proposal includes specific exemptions from the Extended Producer Responsibility (EPR) obligations for textiles to reduce the burden on the smallest entities:

• Micro-enterprises: Companies with fewer than 10 employees and an annual turnover/balance sheet not exceeding €2 million.
• Self-employed tailors producing customized products.
• Entities that only place used or upcycled textile and footwear products on the market.

Key Provisions and Requirements

For Textiles (New Articles 22a-22d):

• Mandatory EPR Schemes: Member States must establish EPR schemes for household textiles, apparel, clothing accessories, and footwear.
• Financial Responsibility: Producers must cover the net costs of separate collection, transport, sorting, preparation for re-use, recycling, and disposal of textile waste.
• Eco-modulation of Fees: EPR fees paid by producers will be modulated based on the environmental performance of their products (e.g., durability, reparability, recycled content), based on criteria to be set under the ESPR.
• Producer Register: Each Member State must create a national register for textile producers to monitor compliance.
• Role of Social Enterprises: The framework recognizes and supports the role of social enterprises in the collection and management of used textiles.
• Shipments of Used Textiles: To combat illegal waste exports, all separately collected used textiles are considered waste until they have undergone a sorting operation. Shipments of sorted, reusable items must be accompanied by specific documentation proving they are not waste.

For Food Waste (New Article 9a):

• Legally Binding Reduction Targets: By 2030, Member States must achieve:
  • A 10% reduction in food waste generated in processing and manufacturing.
  • A 30% reduction in per capita food waste generated in retail, restaurants, food services, and households combined.
• Baseline: The reduction is measured against levels from the year 2020.
• National Prevention Programmes: Member States must update their food waste prevention programmes to include measures targeting behavioural change, supply chain cooperation, and food donation.

Affected Products, Actors, and Processes

• Affected Products: Household textiles (e.g., bed linen, curtains), articles of apparel, clothing accessories, and footwear. All food products along the supply chain.
• Affected Actors: Textile and footwear producers, importers, distributors, retailers (including online platforms), waste management operators, social enterprises, food producers, food processors, food retailers, hospitality sector, and households.
• Affected Processes: Product design (ecodesign), waste collection (separate collection systems), waste sorting and treatment, cross-border shipment of used textiles, and food production and consumption patterns.

Penalties and Enforcement

The proposal does not specify direct penalties for businesses. Enforcement will occur at the Member State level. The European Commission can launch infringement procedures against Member States that fail to correctly transpose the directive or meet the legally binding food waste reduction targets.