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 (Text with EEA relevance.)

• CELEX: Delegated Decision (EU) 2019/1597
• Articles: 9

Article 1 Scope of measurement of food waste

1.   The amounts of food waste shall be measured separately for the following stages of the food supply chain:

(a)

primary production;

(b)

processing and manufacturing;

(c)

retail and other distribution of food;

(d)

restaurants and food services;

(e)

households.

2.   Food waste shall be attributed to each of the stages of the food supply chain referred to in paragraph 1 in accordance with Annex I.

3.   The measurement shall cover food waste that is classified under the waste codes referred to in Annex II or under any other waste code for waste that includes food waste.

4.   The measurement of food waste shall not cover the following items:

(a)

agricultural material referred to in Article 2(1)(f) of Directive 2008/98/EC;

(b)

animal by-products referred to in Article 2(2)(b) of Directive 2008/98/EC;

(c)

food waste residues collected within packaging waste classified under waste code ‘15 01 — Packaging (including separately collected municipal packaging waste)’ in the European list of waste as established in Decision 2000/532/EC;

(d)

food waste residues collected within waste classified under waste code: ‘20 03 03 — Street cleaning residues’ in the European list of waste as established in Decision 2000/532/EC;

(e)

non-food materials that are mixed together with food waste when collected, to the extent possible.

5.   The measurement of food waste shall not cover the following items, without prejudice to the voluntary measurement referred to in Article 3:

(a)

food waste drained as or with wastewater;

(b)

substances that are destined for use as feed materials referred to in Article 2(2)(e) of Directive 2008/98/EC.

Article 2 Methodology for the measurement of food waste

1.   Member States shall measure each year the amount of food waste generated in a full calendar year.

2.   Member States shall measure the amount of food waste for a given stage of the food supply chain using the methodology set out in Annex III at least once every four years.

3.   When the methodology set out in Annex III is not used, Member States shall measure the amount of food waste for a given stage of the food supply chain using the methodology set out in Annex IV.

4.   For the first reporting period, as referred to in the third subparagraph of Article 37(3) of Directive 2008/98/EC, Member States shall measure the amount of food waste for all stages of the food supply chain using the methodology set out in Annex III. For that period, Member States may use data already collected under existing arrangements for the year 2017 or later.

5.   The amounts of food waste shall be measured in metric tons of fresh mass.

Article 3 Voluntary measurement

Member States may measure and provide the Commission with further data related to food waste levels as well as data related to food waste prevention. Such data may include the following:

(a)

amounts of food waste regarded as composed of parts of food intended to be ingested by humans;

(b)

amounts of food waste drained as or with wastewaters;

(c)

amounts of food which has been redistributed for human consumption as referred to in Article 9(1)(h) of Directive 2008/98/EC;

(d)

amounts of food no longer intended for human consumption placed on the market for transformation into feed by a feed business operator as defined in Article 3(6) of Regulation (EC) No 178/2002;

(e)

former foodstuffs as defined in point 3 of Part A of the Annex to Regulation (EU) No 68/2013.

Article 4 Minimum quality requirements

1.   Member States shall take appropriate measures to ensure the reliability and accuracy of the measurements of food waste. In particular, Member States shall ensure that:

(a)

the measurements conducted in accordance with the methodology set out in Annex III are based on a representative sample of the population to which its results are applied, and adequately reflect the variations in the data on food waste amounts to be measured;

(b)

the measurements conducted in accordance with the methodology set out in Annex IV are based on the best information available.

2.   Member States shall provide the Commission with information on the methods used for measurement of food waste for each of the stages of the food supply chain and on any significant modifications to the methods used in comparison with the methods used for a previous measurement.

Article 5 Entry into force

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

Schedules & Appendices

ANNEX I

ANNEX I

Attribution of food waste to the different stages of the food supply chain

Activity which generates waste

Stages of the food supply chain

Relevant item in Waste Statistics  ( 1 ) which include given stage of food supply chain

Relevant NACE Rev. 2 code

Description

Primary production

Part of Item 1

Section A

Agriculture, forestry and fishing

Division 01

Crop and animal production, hunting and related service activities

Division 03

Fishing and aquaculture

Processing and manufacturing

Part of Item 3

Section C

Manufacturing

Division 10

Manufacture of food products

Division 11

Manufacture of beverages

Retail and other distribution of food

Part of Item 17

Section G

Wholesale and retail trade; repair of motor vehicles and motorcycles

Division 46

Wholesale trade, except of motor vehicles and motorcycles

Division 47

Retail trade, except of motor vehicles and motorcycles

Restaurants and food services

Part of Item 17

Section I

Accommodation and food service activities

Division 55

Accommodation

Division 56

Food and beverage service activities

Sections N, O, P, Q, R, S

Divisions covering activities in which food services are provided (such as staff catering, healthcare, education, travel catering).

Households

Item 19

‘Households’ as referred to in Annex I Section 8 point 1.2 to Regulation (EC) No 2150/2002 on waste statistics

Waste generated by households

( 1 )   Point 1 of Section 8 of Annex I to Regulation (EC) No 2150/2002.

ANNEX II

ANNEX II

Waste codes included in the European list of waste for types of waste which typically include food waste

Primary production

02 01 02

Animal tissue waste

02 01 03

Plant tissue waste

Processing and manufacturing

02 02

wastes from the preparation and processing of meat, fish and other foods of animal origin

02 03

wastes from fruit, vegetables, cereals, edible oils, cocoa, coffee, tea and tobacco preparation and processing; conserve production; yeast and yeast extract production, molasses preparation and fermentation

02 04

wastes from sugar processing

02 05

wastes from the dairy products industry

02 06

wastes from the baking and confectionery industry

02 07

wastes from the production of alcoholic and non-alcoholic beverages (except coffee, tea and cocoa)

Retail and other distribution of food

20 01 08

biodegradable kitchen and canteen waste

20 01 25

edible oil and fat

20 03 01

mixed municipal waste

20 03 02

waste from markets

16 03 06

organic wastes other than those mentioned in 16 03 05

Restaurants and food services

20 01 08

biodegradable kitchen and canteen waste

20 01 25

edible oil and fat

20 03 01

mixed municipal waste

Households

20 01 08

biodegradable kitchen and canteen waste

20 01 25

edible oil and fat

20 03 01

mixed municipal waste

ANNEX III

ANNEX III

Methodology for the in-depth measurement of food waste

The amount of food waste within a stage of the food supply chain shall be established by measuring food waste generated by a sample of food business operators or households in accordance with any of the following methods or a combination of those methods or any other method equivalent in terms of relevance, representativeness and reliability.

Stage of the food supply chain

Methods of measurement

Primary production

—

Direct measurement

—

Mass balance

—

Questionnaires and interviews

—

Coefficients and production statistics.

—

Waste composition analysis

Processing and manufacturing

Retail and other distribution of food

—

Waste composition analysis

—

Counting/scanning

Restaurants and food services

—

Diaries

Households

Description of the methods

Methods based on direct access to food waste/direct measurement

The following methods shall be used by an entity with direct (physical) access to food waste in order to measure the food waste or to carry out an approximation:

—

Direct measurement (weighing or volumetric assessment)

Use of a measuring device to determine the mass of samples of food waste or fractions of total waste, directly or determined on the basis of volume. It includes measurement of separately collected food waste.

—

Scanning/Counting

Assessment of the number of items that make up food waste, and use of the result to determine the mass.

—

Waste composition analysis

Physical separation of food waste from other fractions in order to determine the mass of the fractions sorted out.

—

Diaries

An individual or group of individuals keeps a record or log of food waste information on a regular basis.

Other methods

The following methods shall be used when there is no direct (physical) access to food waste or when direct measurement is not feasible:

—

Mass balance

Calculation of the amount of food waste on the basis of the mass of inputs and outputs of food into and out of the measured system, and processing and consumption of food within the system.

—

Coefficients

Use of previously established food waste coefficients or percentages representative for a food industry sub-sector or for an individual business operator. Such coefficients or percentages shall be established through sampling, data provided by food business operators or by other methods.

ANNEX IV

ANNEX IV

Methodology for the measurement of food waste where an in-depth measurement in accordance with the methodology set out in Annex III is not used

When an in-depth measurement as referred to in Article 2 is not used, the amounts of food waste generated within a given stage of the food supply chain shall be measured by using any of the following methods or a combination of those methods:

(a)

Calculation of the amount of food waste on the basis of the latest available data on the share of food waste in a given stage of the food supply chain (established in accordance with Annex III) and total waste generation in that stage. The total waste generation in a given stage of the food supply chain shall be established on the basis of the data reported in accordance with the requirements of Regulation (EC) No 2150/2002 for each of the stages of the food supply chain referred to in Annex I. In cases where such data is not available for a given year, the data for the previous year shall be used.

(b)

Calculation of the amount of food waste on the basis of socioeconomic data relevant for the respective stages of the food supply chain. The calculation of food waste shall be based on the latest data on amounts of food waste generated within a stage of the food supply chain and the increase or decrease, in the period from the year of the latest measurement of that data to the current reporting period, of the level of one or more of the following socioeconomic indicators:

Stage of the food supply chain

Indicator

Primary production

—

Food production in agriculture, fishery and hunting

Processing and manufacturing

—

Production of processed food — based on PRODCOM  ( 1 ) data.

Retail and other distribution of food

—

Turnover of food products

—

Population

Restaurants and food services

—

Turnover

—

Employment (in Full Time Equivalents)

Households

—

Population

—

Households disposable income  ( 2 )

Member States may use other indicators, if they are better correlated with the generation of food waste within a given stage of the food supply chain.

( 1 )   Commission Regulation (EC) No 912/2004 of 29 April 2004 implementing Council Regulation (EEC) No 3924/91 on the establishment of a Community survey of industrial production ( OJ L 163, 30.4.2004, p. 71 ).

( 2 )   As reported by Eurostat.