[This article has been updated]
The EU’s initiative to strengthen the circular economy through a Waste Framework Directive and to align existing directives was first adopted in 2014. A lot has happened since then. Recycling quotas have been established, reporting obligations and legislation have been strengthened, and environmental measures have been promoted.
We want to take this opportunity to take a closer look at the changes and innovations within the EU Waste Framework Directive. The focus will be on current developments as well as planned targets to ensure you are optimally informed.
The EU Waste Framework Directive at a Glance
The Waste Framework Directive 2008/98/EC is the foundation of European waste law. It defines the concept of waste, mandates the five-step waste hierarchy, and requires manufacturers to take responsibility for their products right through to the waste phase via Extended Producer Responsibility (EPR). With the 2025 amendment, an EU-wide producer responsibility for textiles and binding reduction targets for food waste are introduced for the first time, while batteries, packaging, and end-of-life vehicles are now regulated by directly applicable EU regulations. For manufacturers and distributors, obligations are clearly shifting forward—into the design stage of new products and packaging.
What is the Waste Framework Directive 2008/98/EC?
The Waste Framework Directive 2008/98/EC from 2008 is the foundation of European waste law. It clearly regulates what legally constitutes waste, how these materials must be treated and disposed of, and who bears the financial responsibility. All product-specific frameworks – such as those for electronic equipment, batteries, packaging, end-of-life vehicles, and, since 2025, textiles – build upon it.
The central building blocks of the Waste Framework Directive include:
- Five-step waste hierarchy (Art. 4): Prevention → preparing for reuse → recycling → other recovery → disposal. This sequence is binding; deviations must be justified.
- Uniform definition of waste (Art. 3): Waste is any substance or object which the holder discards, intends to discard, or is required to discard.
- By-product (Art. 5) and end-of-waste status (Art. 6): The criteria by which material either does not receive waste status in the first place or loses it again—crucial for trading secondary raw materials.
- Polluter-pays principle and Extended Producer Responsibility (Art. 8 and 8a): Whoever places a product on the market bears responsibility for it until its waste phase.
- Separate collection obligations (Art. 11): Paper, metal, plastic, and glass since 2015; bio-waste since 2023; textiles and hazardous household waste since 2025.
Important for practical application: As a directive, the Waste Framework Directive does not apply directly. Instead, it obligates European member states to implement the measures. In Germany, this is done via the Circular Economy Act (KrWG) and specific product-related laws. However, current EU efforts indicate that, looking ahead, directives will have to give way to concrete regulations.
Daughter Directives That Have Since Been Largely Replaced
- Packaging: Directive 94/62/EC has been repealed. It is replaced by Regulation (EU) 2025/40 (PPWR), applicable since August 12, 2026.
- Batteries: Directive 2006/66/EC has been replaced by Regulation (EU) 2023/1542 (EU Battery Regulation).
- End-of-life vehicles: Directive 2000/53/EG is being replaced by Regulation (EU) 2026/1738 (OJ of July 24, 2026).
- Waste Electrical and Electronic Equipment: The WEEE Directive 2012/19/EU remains in force. Following a critical evaluation, the Commission has announced a revision—potentially also as a directly applicable regulation.
What Requirements Apply to Extended Producer Responsibility According to the Waste Framework Directive?
In particular, the EU Waste Framework Directive regulates the establishment of minimum requirements for the Extended Producer Responsibility (EPR) regime and product responsibility. The main focus here is to clarify early on who bears responsibility for products and waste, and how the enforcement framework should be structured. A clear signal has already been sent with the increased oversight obligations for online marketplaces.
Specifically, every EPR system must deliver at least the following:
- Clearly defined roles and responsibilities for all stakeholders—manufacturers, distributors, waste management companies, and producer responsibility organizations.
- Measurable waste management targets in line with the waste hierarchy.
- A reporting system for volumes, collection, and recovery results.
- Comprehensive geographical and product-specific coverage.
- Financial contributions that cover the actual costs of collection, sorting, treatment, and information provision.
- Equal treatment of domestic and foreign manufacturers—foreign manufacturers generally require an authorized representative in the respective member state.
- Self-monitoring, regular audits, and publication of the results.
To implement the Waste Framework Directive effectively, the EU advocates for so-called eco-modulation. As a result, the contributions to be paid are based on specific factors such as durability or recyclability. Crucial course corrections have also been made here with the Repairability Score and the current recycled content requirements for packaging.
Which Areas Are Affected by the EU Waste Framework Directive?
To ensure compliance, you must stay informed. We have summarized the essential areas for you below.
The New Rules for Textiles and Food Waste
The second major revision of the Waste Framework Directive is Directive (EU) 2025/1892. It targets two waste streams that have barely been regulated until now.
- EPR for Textiles: Directive (EU) 2025/1892 introduces, via the new Articles 22a to 22c, a mandatory EU-wide EPR for textiles, textile-related products, and footwear according to Annex IVc for the first time. This applies to manufacturers of all sizes, explicitly including micro-enterprises and distance sellers (e-commerce). Contributions are eco-modulated, thereby rewarding durability and recyclability. The directive must be transposed by June 17, 2027, and functional systems must be in place by April 17, 2028, at the latest. The digital product passport for textiles provides central support here.
- Targets for Food Waste: Instead of mere reporting obligations, the Waste Framework Directive now introduces legally binding reduction targets for the first time: a 10 percent reduction in processing and manufacturing, as well as a 30 percent reduction per capita in retail, food services, and households, each to be achieved by the end of 2030. The Commission will review these targets at the end of 2027 (Art. 9a).
What Impact Does the EU Waste Framework Directive Have on ElektroG4?
A new legal basis has been in effect for manufacturers and distributors of electrical and electronic equipment since January 1, 2026. The Second Act amending the Electrical and Electronic Equipment Act—referred to as ElektroG4—was promulgated in 2025 and has replaced ElektroG3.
- Higher financial contribution: Manufacturers and initial distributors must contribute more financially to the collection, recovery, and recycling of e-waste in the future.
- Expanded enforcement: State monitoring capabilities and penalties for non-compliance are being expanded.
- Support from the KrWG: The German Circular Economy Act (KrWG) is intended to help ensure that more waste equipment is recycled and less is disposed of via household waste.
- Stricter drop-off rules for batteries: Waste electrical equipment containing batteries may no longer be thrown into containers by users themselves at recycling centers. Instead, acceptance must take place at a supervised service counter with trained personnel.
- New warning requirements: In addition to previous information, risks associated with handling lithium-containing batteries as well as the obligation to remove lamps must be highlighted.
- Digital provision of information: Manufacturers must not only include the mandatory information physically but also provide it digitally and clearly visible in their display media.
More information on the recycling of lithium-ion batteries & accumulators or the Electrical Equipment Act in Germany can be found on our blog.
Packaging: From 94/62/EC to the PPWR
The handling of packaging will also change due to the Waste Framework Directive. The PPWR entered into force in 2025 and has been directly applicable in all member states since 2026.
- Repeal of the VerpackG: The German Packaging Act (VerpackG) expired at the end of August 11, 2026, and was replaced by the Packaging Law Enforcement Act (VerpackDG).
- Proven structures remain: Registration in the LUCID packaging register and participation in dual systems continue to apply unchanged.
- New requirements introduced: New elements include declarations of conformity, harmonized labeling requirements, recycled content quotas, and reuse requirements.
- Exemptions for micro-enterprises: Micro-enterprises with fewer than ten employees and a maximum annual turnover of two million euros are exempt from certain obligations.
- Role-based obligations: Obligations are not based universally on company size, but rather product-specifically based on the respective role—producer, manufacturer, importer, or distributor. An incorrect role classification is one of the greatest compliance risks.
More information on the recycling of lithium-ion batteries & accumulators or the Electrical Equipment Act in Germany can be found on our blog.
End-of-Life Vehicles: The New EU End-of-Life Vehicles Regulation
In 2026, Regulation (EU) 2026/1738 on the circular design of vehicles and the management of end-of-life vehicles was published in the Official Journal. It merges the previous End-of-Life Vehicles Directive and the 3R Type-Approval Directive into a single, directly applicable legislative act.
- Mandatory recycled content quotas for plastics: The requirements apply to newly type-approved vehicles and are therefore being introduced progressively.
- Legally secure definition: For the first time, a legally secure definition of an end-of-life vehicle is established, with clear criteria to distinguish a used vehicle from waste.
- Harmonized EPR: Extended Producer Responsibility (EPR) is specified Europe-wide regarding organization, financing, and transparency.
How Does the Waste Framework Directive Shape Responsibilities and Waste Management Targets?
With the 2018 EU Waste Framework Directive, the regime of Extended Producer Responsibility was revised. Manufacturers must now assume financial and, where applicable, organizational responsibility for the disposal of their products. The roles and obligations of all stakeholders involved, including authorized organizations, are precisely defined. Furthermore, EU countries must define measurable waste targets to comply with collection rates as well as the specifications of EU directives.
Data Collection and Comprehensive Coverage
Member states must establish a uniform reporting system that captures data on products placed on the market, their collection and treatment, as well as the resulting waste streams. Additionally, it must be ensured that manufacturers assume comprehensive responsibility regarding territories, products, and materials—not just in profitable areas. Appropriate waste collection systems must be provided nationwide.
How Are Manufacturers Being Held More Accountable?
EU Market Surveillance Ensures Compliance with Directives
The EU regulates the monitoring of compliance with product-related directives through market surveillance. With Regulation (EU) 2019/1020 on market surveillance and compliance of products, a valid legal framework for community market surveillance and the control of products entering the community market has been in place since 2021. The regulation was most recently amended by the PPWR.
For e-commerce, another point is crucial: operators of electronic marketplaces and fulfillment service providers must now verify themselves whether the manufacturers they support are properly registered and—where required—participating in a take-back system. If proof is missing, listings face being blocked. This applies simultaneously across the Electrical Equipment Act (ElektroG), packaging law, and battery law.
Implementation of the Waste Framework Directive in Germany
In 2020, the German Federal/State Working Group on Waste (LAGA) implemented the concept for market surveillance for end-of-life vehicles, electrical and electronic equipment, batteries, and packaging in accordance with the Waste Framework Directive. Authorities now check manufacturers’ compliance with registration obligations both routinely (without specific cause) and based on third-party tips. This allows violations to be targeted, pursued, and penalized.
What Awaits You Regarding the Waste Framework Directive for 2026 and 2027?
The EU Waste Framework Directive is not a static set of rules, but a moving target. Batteries, packaging, and end-of-life vehicles are now governed via directly applicable EU regulations, and textiles are now following suit. For manufacturers and distributors, this primarily means one thing—obligations are shifting from disposal forward into product design, registration, and verification. The Ecodesign Directive and Ecodesign Regulation will also remain particularly important here in the future.
- September 27, 2026: The greenwashing ban under the EmpCo Directive takes effect. Claims regarding recycling and take-back will then require verifiable proof.
- Q3/Q4 2026: The EU Commission presents its proposal for the Circular Economy Act. Among other things, it is expected that rules from the waste electrical equipment sector will be expanded to cover additional raw-material-rich product groups.
- June 17, 2027: Deadline for the transposition of the textile EPR from Directive (EU) 2025/1892. Germany is planning an independent Textile Act for this purpose; fully functional systems must be in place by April 2028.
EU Waste Framework Directive
Who is responsible for market surveillance and how is it carried out?
In Germany, the federal states are responsible for market surveillance and act through their respective state authorities. Monitoring is conducted both systematically (e.g., data matching by Stiftung EAR) and on an ad-hoc basis following notifications from competitors, associations, or third parties.
What consequences do companies face for violating the due care law?
Violations of the due care obligation (e.g., disposing of still-functional electrical devices) can result in fines. Additionally, companies may be excluded from marketplace sales and face reputational damage.
How must retailers document returns and their disposition?
Retailers are required to keep records of all returned electrical devices and their subsequent fate (resale, repair, disposal, etc.). Documentation serves as proof for authorities and audits. Specific guidelines are still being finalized.
How must I inform my customers about the disposal of end-of-life electrical devices?
As a provider of electrical or electronic equipment, you must clearly and visibly inform your customers about proper disposal of end-of-life devices. This includes instructions on separate collection from household waste, removing and separately disposing of batteries, accumulators, and lamps, the option for free returns to retailers, responsibility for deleting personal data, and the significance of the crossed-out wheeled bin symbol.
