Directive 2008/98/EC on waste and repealing certain Directives

Background information and previous amendments:

Directive 2008/98/EC of 19 November 2008

Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives, known by its short title as the Waste Framework Directive, entered into force on 12 December 2008. The directive provides a legal framework for waste management within the European Union (EU). The purpose of the directive is to protect the environment, human health and resources. It is aimed at moving the EU closer to the goal of being a recycling society by increasing the volume of waste that is collected separately and recovered.

Among other things, the directive defines and specifies key legal terms in waste law and establishes a new five- level waste hierarchy (prevention, preparing for re-use, recycling, other types of recovery such as energy recovery, and disposal) to replace the three-level hierarchy (prevention, recovery, disposal) that was in place until 2008. Moreover, 'by-products' and 'end-of-waste status' are defined as independent categories, in distinct opposition to the term 'waste'. Waste prevention requirements and an obligation for Member States to draw up waste prevention programmes were also introduced as of 2008. In addition, specific targets were set for the recycling of municipal waste (50 percent) and of construction/demolition waste (70 percent). Furthermore, the directive introduces the "polluter pays principle" and the "extended producer responsibility" (EPR). The EPRcan entail an obligation for producers to take back and dispose of returned end-of-life products. The directive also contains specific provisions on hazardous waste, waste oil and bio-waste.

Transposition of Directive 2008/98/EC into national law through the Circular Economy Act

Germany transposed the directive into national law with the Act to Promote Circular Economy and Safeguard the Environmentally Compatible Management of Waste (German Circular Economy Act, Kreislaufwirtschaftsgesetz, KrWG).

Proposal for amending the Waste Framework Directive of 2 December 2015

In May 2018 the EU adopted extensive amendments to the Waste Framework Directive (Directive (EU) 2018/851). The provisions of the amending directive were to be transposed into German law by 5 July 2020. This was done mainly through Article 1 of the Act transposing the requirements of the EU Waste Framework Directive (amendment to the German Circular Economy Act). Amendments to directives other than the Waste Framework Directive were transposed partly in separate articles of the act amending the German Circular Economy Act, and partly in separate legislative and regulatory procedures.

The purpose of the Waste Framework Directive, as amended in 2018, is to further strengthen the circular economy through preventive measures, in particular increased recycling of waste. Other key provisions of the directive concern:

• the specification of end-of-waste criteria
• the landfilling of waste (in particular bio-waste and, as of 2025, hazardous household and textile waste)
• more stringent bans on mixing hazardous wastes
• rules on taking back waste
• measures to be taken by the Member States
• ECHA Member States

Commission proposal for a directive amending the Waste Framework Directive of 5 July 2023

On 5 July 2023 the Commission submitted a proposal for amending the Waste Framework Directive. The proposal is the result of a mandate the European Commission was given in 2018 to propose further and more extensive measures for the re-use and recycling of food and textile waste or forpreparing such waste for re-use and recycling. The proposal is currently being negotiated at EU level.

Food waste

The Commission proposal introduces targets to reduce food waste, along with the obligation to implement appropriate measures.

Member States have already committed to reducing food waste under the international UN Sustainable Development Goal 12.3. The German government pursues the objectives of the 2030 Agenda, such as the Sustainable Development Goal 12.3, by its Healthy Food for Germany (Gutes Essen für Deutschland) nutrition strategy. By 2030, the government aims to halve food waste compared to 2015 levels and reduce food losses along the production and supply chain, including post-harvest losses. An indicator on food waste in Germany shall be included in the German sustainability strategy in the future.

By measuring and submitting the yearly amount of food waste, the progress of the reduction is monitored. The first measurement was submitted in summer 2022 for the reporting year 2020.

Textile waste

The Commission proposal introduces a mandatory extended producer responsibility (EPR) for textiles, as part of the implementation of the EU Textiles Strategy. The principle underlying these requirements is the producer responsibility, meaning producers will be responsible for their textile products in terms of the waste these generate over the course of their lifespan. The directive also lays down minimum requirements for the collection and treatment of textile waste.

Used textiles will have to be separated from general waste as of 1 January 2025. Private consumers must be able to return used textiles free of charge. Appropriate collection systems must be established in line with population density.