PURPOSE: to revise waste management rules to facilitate Europe's transition to a circular economy.

LEGISLATIVE ACT: Directive (EU) 2018/851 of the European Parliament and of the Council amending Directive 2008/98/EC on waste.

CONTENT: this Directive amending Directive 2008/98/EC on waste is part of a package of measures on the circular economy which includes a package of measures on waste, consisting of four legislative proposals laying down new rules on waste management and setting legally binding targets for recycling.

The revised Waste Directive shall aim to establish measures to protect the environment and human health:

by preventing or reducing the generation of waste , the adverse impacts of the generation and management of waste and; by reducing overall impacts of resource use and improving the efficiency of such use, which are crucial for the transition to a circular economy and for guaranteeing the Union’s long-term competitiveness.

Extended producer responsibility schemes : the revised Directive sets minimum operating requirements for these schemes which are defined as sets of measures taken by Member States to ensure that producers of products bear financial responsibility or financial and organisational responsibility for the management of the waste stage of a product’s life cycle including separate collection, sorting and treatment operations. That obligation can also include organisational responsibility and a responsibility to contribute to waste prevention and to the reusability and recyclability of products.

Waste prevention : to avoid the generation of waste, Member States shall take measures which, inter alia :

support sustainable production and consumption models; encourage the design, manufacturing and use of products that are resource-efficient, durable (including in terms of life span and absence of planned obsolescence), reparable, re-usable and upgradable; target products containing critical raw materials to prevent that those materials become waste; encourage the availability of spare parts, instruction manuals, technical information, or other instruments, equipment or software enabling the repair and re-use of products without compromising their quality and safety; achieve an EU-wide indicative food-waste reduction target of 30% by 2025 and 50% by 2030, in line with the UN Sustainable Development Goals; promote the reduction of the content of hazardous substances in materials and products; halt the generation of marine litter .

Municipal waste recycling targets : Member States shall have to achieve the targets to increase the re-use and recycling of municipal waste: by 2025, at least 55% of municipal waste by weight shall have to be recycled. The target shall rise to 60% by 2030 and 65% by 2035 .

Member States that have recycled less than 20% of their municipal waste in 2013 may ask the Commission for a further 5 years to reach the readiness and re-preparation targets. To benefit from this derogation, Member States concerned shall submit an implementation plan as assessed by the Commission.

Stricter rules for calculating recycling rates shall contribute to better monitoring of real progress towards the circular economy.

Separate collection : Member States shall:

establish, by 1 January 2025, separate collection of textiles and hazardous waste generated by households; ensure that, by 31 December 2023, bio-waste is collected separately or recycled at source (e.g. through composting).

These measures are in addition to the separate collection that already exists for paper and cardboard, glass, metals and plastics.

Incentives : the new legislation provides for increased use of economic instruments and other measures to provide incentives for the application of the waste hierarchy, which includes, inter alia, landfill and incineration charges, pay-as-you-throw schemes, extended producer responsibility schemes, facilitation of food donation, and incentives for local authorities, or other appropriate instruments and measures.

Lastly, the Commission shall organise a regular exchange of views and sharing of best practice between Member States, including, where appropriate, with local and regional authorities, on the practical implementation and application of the requirements of the Directive.

ENTRY INTO FORCE: 4.7.2018.

TRANSPOSITION: no later than 5.7.2020.

The European Parliament adopted by 559 votes to 42, with 46 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council amending Directive 2008/98/EC on waste.

The matter had been referred back to the committee responsible for interinstitutional negotiations at the sitting of 14.3.2017.

The European Parliament’s position adopted at first reading under the ordinary legislative procedure amended the Commission proposal as follows:

Objective : Parliament has clarified that the revised Waste Directive shall aim to establish measures to protect the environment and human health:

by preventing or reducing the generation of waste , the adverse impacts of the generation and management of waste and; by reducing overall impacts of resource use and improving the efficiency of such use, which are crucial for the transition to a circular economy and for guaranteeing the Union’s long-term competitiveness.

The Commission shall assist competent authorities in developing an effective financial framework, including through the use of Union Funds where appropriate, to implement the requirements of this Directive in accordance with the waste hierarchy and to support innovation in technologies and waste management.

Municipal waste : municipal waste is defined as waste from households and waste from other sources, such as retail, administration, education, health services, accommodation and food services, and other services and activities, which is similar in nature and composition to waste from households. It shall not include waste from production, agriculture, forestry, fishing, construction and demolition, septic tanks and sewage network and treatment, and end-of-life vehicles.

Extended producer responsibility schemes : the amended Directive sets minimum operating requirements for these schemes which are defined as sets of measures taken by Member States to ensure that producers of products bear financial responsibility or financial and organisational responsibility for the management of the waste stage of a product’s life cycle.

Waste prevention : to avoid the generation of waste, Member States shall take measures which, inter alia :

support sustainable production and consumption models; encourage the design, manufacturing and use of products that are resource-efficient, durable (including in terms of life span and absence of planned obsolescence ), reparable, re-usable and upgradable; target products containing critical raw materials to prevent that those materials become waste; encourage the availability of spare parts, instruction manuals, technical information, or other instruments, equipment or software enabling the repair and re-use of products without compromising their quality and safety; achieve an EU-wide indicative food-waste reduction target of 30% by 2025 and 50% by 2030 , in line with the UN Sustainable Development Goals; promote the reduction of the content of hazardous substances in materials and products; halt the generation of marine litter .

By 31 December 2023, the Commission shall examine the data on food waste provided by Member States with a view to considering the feasibility of establishing a Union-wide food waste reduction target to be met by 2030.

Valuation : Member States should take the necessary measures to ensure that waste is prepared for reuse, recycling or other recovery operations.

To facilitate or improve the preparation for reuse, recycling and other recovery operations, waste shall be collected separately and shall not be mixed with other wastes or materials with different properties. Exemptions would be allowed under certain conditions.

Preparation for reuse and recycling : in order to make a transition to a European circular economy with a high level of resource efficiency, the amended text foresees that by 2025 at least 55% of municipal waste by weight should be recycled. The target would increase to 60% by 2030 and 65% by 2035.

Member States that have recycled less than 20% of their municipal waste in 2013 may ask the Commission for a further 5 years to reach the readiness and re-preparation targets. To benefit from this derogation, Member States concerned shall submit an implementation plan as assessed by the Commission. If the deadline is extended, they should reach a target of at least 50% by 2025, at least 55% by 2030 and at least 60% by 2035.

The text also stated that Member States shall:

set up separate collection at least for paper, metal, plastic and glass , and, by 1 January 2025, for textiles; set up a separate collection for hazardous waste fractions produced by households by 1 January 2025 at the latest; ensure that by 31 December 2023, bio-waste is either separated and recycled at source, or is collected separately and is not mixed with other types of waste.

Home composting is encouraged.

Lastly, the Commission shall organise a regular exchange of information and sharing of best practices among Member States, including, where appropriate, with regional and local authorities, on the practical implementation and enforcement of the requirements of this Directive.

The European Parliament adopted by 576 votes to 95, with 27 abstentions, amendments to the proposal for a directive of the European Parliament and of the Council amending Directive 2008/98/EC on waste.

The matter was referred back to the committee responsible for interinstitutional negotiations . The vote on the legislative resolution has been postponed to later session.

The main amendments adopted in plenary concerned the following issues:

Aim : Parliament stipulated that this Directive shall lay down measures to protect the environment and human health by:

preventing or reducing the adverse impacts of the generation and management of waste;

reducing overall impacts of resource use and improving the efficiency of such use; ensuring waste is valued as a resource with a view to contributing to a circular economy in the Union .

Members stressed the need to apply the waste hierarchy in order to enhance the transition towards a circular economy. They also wanted to encourage the use of secondary raw materials.

Municipal waste : the definition of municipal waste shall cover mixed waste and separately collected waste from small businesses, office buildings and institutions including schools, hospitals, and government buildings that is similar to household waste in nature and composition.

The terms commercial and industrial waste, sorting, litter, food waste and residual waste have also been highlighted.

Extended Producer Responsibility (EPR) schemes : Members proposed introducing Extended Producer Responsibility (EPR) schemes and to define it based on harmonised rules. Extended producer responsibility is an individual obligation on producers who should be accountable for the end-of-life management of products that they place on the market.

Member States should ensure the establishment of extended producer responsibility schemes for at least packaging, electrical and electronic equipment, batteries and accumulators, and end-of-life vehicles.

Waste prevention : Member States shall aim to achieve, at least, the following objectives:

a significant reduction in waste generation; decoupling of waste generation from economic growth; a progressive substitution of substances of very high concern if there are suitable alternative substances or technologies that are economically and technically viable; a Union food waste reduction target of 30 % by 2025 and of 50 % by 2030 compared to the 2014 baseline and similar objectives marine litter .

In order to achieve these objectives, Member States shall in particular promote and support sustainable production and consumption models; discourage the placing on the market of products with planned obsolescence; reduce food losses along the whole supply chain and prevent littering.

By 31 December 2018, the Commission shall examine the possibility of setting up Union-wide waste prevention targets to be met by 2025 and 2030.

Re-use : Members suggested defining more clearly the notion of reuse. Re-use, should be regarded as a specific waste prevention measure and incentivised by the Member States. Measures shall be encouraged to promote the re-use of products. These measures may include encouraging the establishment and support of recognised re-use networks, deposit-refund and return-refill schemes and incentivising remanufacturing, refurbishment and repurposing of products.

Preparation of re-use and recycling : Member States shall take ambitious measures in respect of the preparing for re-use. They shall:

set up mandatory separate collection of textiles by 2020; take measures to ensure the sorting of construction and demolition waste ; promote sorting systems for commercial and industrial waste for at least the following: metals, plastics, paper and cardboard, bio-waste, glass and wood; set up separate collection for hazardous waste from households.

Parliament proposed that by 2030 , the preparing for re-use and the recycling of municipal waste shall be increased to a minimum of 70 % by weight of municipal waste generated , including a minimum of 5 % of total municipal waste prepared for re-use. The Commission had proposed a target of 65 %.

Member States which in 2013 recycled less than 20% of their municipal waste may ask the Commission for an additional five years in order to reach the preparation for re-use and recycling targets set for 2025 and 2030. To obtain these exemptions, the Member States concerned should submit an implementation plan , to be assessed by the Commission on the basis of specific criteria, and should meet interim targets relating to preparation for re-use and recycling.

The Commission shall examine the possibility of setting preparing for reuse and recycling targets that apply to commercial waste, non-hazardous industrial waste and other waste streams to be met by 2025 and 2030.

Parliament also placed emphasis on the need for specific measures for the reprocessing of organic waste and called for the separate collection of bio-waste to be made mandatory and supported with suitable economic instruments.

Framework for the circular economy : no later than 31 December 2018, the Commission shall draw up a report assessing the need for Union targets, particularly for a Union resource efficiency target, as well as a report identifying obstacles hampering the shift to a circular economy. It should present a comprehensive review of Union eco-design legislation.

The Committee on the Environment, Public Health and Food Safety adopted the report by Simona BONAFÈ (S&D, IT) on the proposal for a directive of the European Parliament and of the Council amending Directive 2008/98/EC on waste.

The committee recommended that the European Parliament’s position adopted at first reading following the ordinary legislative procedure should amend the Commission proposal as follows:

Members introduced amendments aiming to strengthen waste prevention measures and encourage the development of an efficient secondary raw materials market.

They stressed that the Waste Framework Directive is an important instrument to enhance the circular economy .

By-products : Members stipulated that a substance or object resulting from a production process the primary aim of which is not the production of that substance or object shall be considered not to be waste, but to be a by-product if certain conditions are met. They withheld the possibility for the Commission to be empowered to establish harmonised criteria on the application of by-product status, prioritising proven and replicable industrial and agricultural symbiosis practices.

End-of-waste status : the Commission shall be empowered to adopt delegated acts establishing harmonised provisions related to the end-of-waste status to certain types of waste. Where criteria have not been set at a Union level, Member States should be allowed to establish detailed end-of-waste criteria at national level for certain waste in accordance with conditions set at Union level.

The weight of waste which is considered to have ceased to be waste may be reported as recycled if the materials or substances that have ceased to be waste are to be subject to reprocessing, excluding energy recovery and the reprocessing into materials that are to be used as fuels or for backfilling operations.

Extended Producer Responsibility (EPR) schemes : Members proposed introducing Extended Producer Responsibility (EPR) schemes and to define it based on harmonised rules. Member States should ensure the establishment of extended producer responsibility schemes for at least packaging, electrical and electronic equipment, batteries and accumulators, and end-of-life vehicles.

Waste prevention : in order to contribute to the prevention of waste, Member States shall aim to achieve, at least, the following objectives:

a significant reduction in waste generation; decoupling of waste generation from economic growth; a progressive substitution of substances of very high concern if there are suitable alternative substances or technologies that are economically and technically viable; a Union food waste reduction target of 30 % by 2025 and of 50 % by 2030 compared to the 2014 baseline; a Union marine litter reduction target of 30 % by 2025 and 50 % by 2030 compared to the 2014 baseline.

In order to achieve these objectives, Member States shall in particular promote and support sustainable production and consumption models; discourage the placing on the market of products with planned obsolescence; reduce food losses along the whole supply chain and prevent littering.

By 31 December 2018, the Commission shall examine the possibility of setting up Union-wide waste prevention targets to be met by 2025 and 2030.

Re-use : Members suggested defining more clearly the notion of reuse. Re-use, should be regarded as a specific waste prevention measure and incentivised by the Member States.

Preparation of re-use and recycling : Member States shall take ambitious measures in respect of the preparing for re-use. They shall set up mandatory separate collection of textiles by 2020 and take measures to promote sorting systems for commercial and industrial waste for at least the following: metals, plastics, paper and cardboard, bio-waste, glass and wood.

Members proposed that by 2030 , the preparing for re-use and the recycling of municipal waste shall be increased to a minimum of 70 % by weight of municipal waste generated , including a minimum of 5 % of total municipal waste prepared for re-use. The Commission had proposed a target of 65 %.

Member States which in 2013 recycled less than 20% of their municipal waste may ask the Commission for an additional five years in order to reach the preparation for re-use and recycling targets set for 2025 and 2030. To obtain these exemptions, the Member States concerned should submit an implementation plan , to be assessed by the Commission on the basis of specific criteria, and should meet interim targets relating to preparation for re-use and recycling.

The Commission shall examine the possibility of setting preparing for reuse and recycling targets that apply to commercial waste, non-hazardous industrial waste and other waste streams to be met by 2025 and 2030.

Members also placed emphasis on the need for specific measures for the reprocessing of organic waste and called for the separate collection of bio-waste to be made mandatory and supported with suitable economic instruments.

Framework for the circular economy : no later than 31 December 2018, the Commission shall draw up a report assessing the need for Union targets, particularly for a Union resource efficiency target, as well as a report identifying obstacles hampering the shift to a circular economy. It should present a comprehensive review of Union eco-design legislation.

PURPOSE: to revise the rules on waste management in order to facilitate Europe’s transition to a circular economy.

PROPOSED ACT: Directive of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with Council.

BACKGROUND: the Commission considers that recent trends suggest that turning waste into a resource is an essential part of increasing resource efficiency and closing the loop in a circular economy. The Union’s economy currently loses a significant amount of potential secondary raw materials that are found in waste streams. In 2013, total waste generation in the EU amounted to approximately 2.5 billion tons of which 1.6 billion tons were not reused or recycled and therefore lost for the European economy. It is estimated that an additional 600 million tons could be recycled or reused. By way of example, only a limited share (43%) of the municipal waste generated in the Union was recycled, with the rest being landfilled (31%) or incinerated (26%).

With respect to waste management , the Union also faces large differences amongst its Member States. In 2011, while six Member States landfilled less than 3% of their municipal waste, 18 landfilled over 50%, with some exceeding 90%. This uneven situation needs to be redressed.

The proposal aiming to amend Directive 2008/98/EC on waste is part of a series of measures on the circular economy which also includes proposals to amend:

Directive 94/62/EC on packaging and packaging waste Directive 1999/31/EC on the landfill of waste Directive 2000/53/EC on end-of-life vehicles Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators, Directive 2012/19/EU on waste electrical and electronic equipment .

The proposals build in part on the proposal that the Commission tabled in July 2014 and subsequently withdrew in February 2015 . They are in line with the objectives of the Resource Efficiency Roadmap and the 7th Environment Action Programme including:

full implementation of the waste hierarchy in all Member States; decline in absolute and per capita waste generation; ensuring high quality recycling and the use of recycled waste as a major, reliable source of raw materials for the Union.

They also contribute to the implementation of the EU Raw Materials Initiative and address the need to prevent food waste.

IMPACT ASSESSMENT: the impact assessment led to the conclusion that the options envisaged will bring the following benefits:

reduction of the administrative burden in particular for small establishments or undertakings, simplification and better implementation including by keeping targets ‘fit for purpose’; more than 170,000 direct jobs could be created by 2035, most of them impossible to delocalize outside the EU; GHG emission reduction – more than 600 millions of tons of green house gas could be avoided between 2015 and 2035; positive effects on the competitiveness of the EU waste management and recycling sectors as well as on the EU manufacturing sector ; reinjection into the EU economy of secondary raw materials which in turn will reduce the dependency of the EU on raw materials imports.

CONTENT: the proposal to amend Directive 2008/98/EC responds to the legal obligation to review the waste management targets in that Directive to make them better reflect the Union's ambition to move to a circular economy.

The main points are as follows:

Alignment of definitions : it is proposed to include in Directive 2008/98/EC definitions of municipal waste, construction and demolition waste, the final recycling process, and backfilling so that the scope of these concepts is clarified. The definition of municipal waste should be in line with the definition used for statistical purposes by the European Statistical Office and the Organisation for Economic Co-operation and Development. It is neutral with regard to the public or private status of the operator managing waste.

Economic measures : Member States should put in place adequate incentives for the application of the waste hierarchy, in particular, by means of financial incentives aimed at achieving the waste prevention and recycling objectives of this Directive , such as landfill and incineration charges, pay as you throw schemes, extended producer responsibility schemes and incentives for local authorities.

Waste or non-waste status : the proposal establishes at the Union level harmonised conditions for substances or objects to be recognised as by-products and for waste that has undergone a recovery operation to be recognised as having ceased to be waste.

Producer responsibility schemes : given that the effectiveness of these schemes differ significantly between Member States, the proposal sets minimum operating requirements for extended producer responsibility. Those requirements should:

define in a clear way the roles and responsibilities of producers of products placing goods on the market of the Union; define measurable waste management targets , in line with the waste hierarchy, aiming to attain at least the quantitative targets relevant for the scheme as laid down in the Directive; establish a reporting system to gather data on the products placed on the Union market by the producers subject to extended producer responsibility.

Waste prevention : Member States should:

encourage the use of products that are resource efficient, durable, reparable and recyclable; target products that are the main sources of raw materials of a high importance to the economy of the Union and whose supply is associated with a high risk to prevent that those materials become waste; encourage the setting up of systems promoting reuse activities , including in particular for electrical and electronic equipment, textiles and furniture; reduce waste generation in processes related to industrial production, extraction of minerals and construction and demolition, taking into account best available techniques; monitor and assess the implementation of the waste prevention measures.

Prevention of food waste : Member States should take measures to promote prevention of food waste in line with the 2030 Agenda for Sustainable Development, adopted by the United Nations General Assembly on 25 September 2015, and in particular its target of halving food waste by 2030.

These measures should aim to prevent 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. Member States should establish specific food waste prevention measures and should measure progress in food waste reduction.

Re-use and recycling : Member States shall take measures:

to promote preparing for re-use activities, notably by encouraging the establishment of and support for re-use and repair networks and by facilitating the access of such networks to waste collection points, and by promoting the use of economic instruments, procurement criteria, quantitative objectives or other measures; promote high quality recycling and set up separate collection of waste where technically, environmentally and economically practicable.

Municipal waste : the proposal provides for an increase in the targets of preparing for re-use and the recycling of municipal waste, from 60% until 2025 to 65% in 2030 .

Estonia, Greece, Croatia, Latvia, Malta, Romania and Slovakia may obtain five additional years for the attainment of these targets . In the event of an extension, the Member State shall take the necessary measures to increase the preparing for re-use and the recycling of municipal waste to a minimum of 50% and 60% by weight, by 2025 and 2030 respectively.

Bio-waste : Member States should ensure the separate collection of bio-waste where technically, environmentally and economically practicable. They should encourage the recycling, including composting, and digestion of bio-waste, the treatment of bio-waste in a way that achieves a high level of environmental protection.

The proposal also provides for:

the adoption of improved and simplified definitions and uniform calculation methods for recycling throughout the EU; the establishment of common rules for reporting in order to ensure the reliability of data gathered for recycling; introduction of an Early Warning System for monitoring compliance with the recycling targets; simplification and streamlining of reporting obligations.

DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union.