Index 
 Previous 
 Next 
 Full text 
Procedure : 2018/0172(COD)
Document stages in plenary
Document selected : A8-0317/2018

Texts tabled :

A8-0317/2018

Debates :

PV 22/10/2018 - 17
CRE 22/10/2018 - 17
PV 27/03/2019 - 15
CRE 27/03/2019 - 15

Votes :

PV 24/10/2018 - 11.12
CRE 24/10/2018 - 11.12
Explanations of votes
PV 27/03/2019 - 18.6
Explanations of votes

Texts adopted :

P8_TA(2018)0411
P8_TA(2019)0305

Texts adopted
PDF 585kWORD 82k
Wednesday, 24 October 2018 - Strasbourg Provisional edition
Reduction of the impact of certain plastic products on the environment ***I
P8_TA-PROV(2018)0411A8-0317/2018

Amendments adopted by the European Parliament on 24 October 2018 on the proposal for a directive of the European Parliament and of the Council on the reduction of the impact of certain plastic products on the environment (COM(2018)0340 – C8-0218/2018 – 2018/0172(COD))(1)

(Ordinary legislative procedure: first reading)

Text proposed by the Commission   Amendment
Amendment 1
Proposal for a directive
Recital 1
(1)  The high functionality and relatively low cost of plastic means that this material is increasingly ubiquitous in everyday life. Its growing use in short-lived applications, which are not designed for re-use or cost-effective recycling means that related production and consumption patterns have become increasingly inefficient and linear. Therefore, in the context of the Circular Economy Action Plan32, the Commission concluded in the European Strategy for Plastics33 that the steady increase in plastic waste generation and its leakage into our environment, in particular into the marine environment, must be tackled in order to achieve a truly circular lifecycle for plastics.
(1)  The high functionality and relatively low cost of plastic means that this material is increasingly ubiquitous in everyday life. Global production of plastic has increased sharply and in 2017 reached 348 million tonnes. The European share of that production represented 18,5 % (64,4 million tonnes, up by 3,4 % compared to production in the previous year). Its growing use in short-lived applications, which are not designed for re-use or cost-effective recycling means that related production and consumption patterns have become increasingly inefficient and linear. Therefore, in the context of the Circular Economy Action Plan32, the Commission concluded in the European Strategy for Plastics33 that the steady increase in plastic waste generation and its leakage into our environment, in particular into the marine environment, must be tackled in order to achieve a truly circular lifecycle for plastics and to reduce overall quantity of plastic in the environment. The European Strategy for Plastics is a small first step in establishing a circular economy based on reducing, reusing and recycling all plastic products.
__________________
__________________
32 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions "Closing the loop – An EU action plan for the Circular Economy" (COM(2015)0614).
32 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions "Closing the loop – An EU action plan for the Circular Economy" (COM(2015)0614).
33 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions "A European Strategy for Plastics in a Circular Economy" (COM(2018)0028).
33 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions "A European Strategy for Plastics in a Circular Economy" (COM(2018)0028).
Amendment 2
Proposal for a directive
Recital 1 a (new)
(1a)  Plastic plays a useful role in the economy and provides essential applications in many sectors. In particular, plastic is used in packaging (40 %) and in the building and construction sector (20 %). There is also important use of plastic in the automotive, electrical and electronic equipment, food and agricultural sectors. Nevertheless, the significant negative environmental, health and economic impacts of certain plastic products call for the setting up of a legal framework to effectively reduce those significant negative effects, including through a restriction on the placing on the market of particular single-use products for which more circular alternatives are readily available.
Amendment 3
Proposal for a directive
Recital 2
(2)  Circular approaches that prioritise re-usable products and re-use systems will lead to a reduction of waste generated, and such prevention is at the pinnacle of the waste hierarchy enshrined in Article 4 of Directive 2008/98/EC of the European Parliament and of the Council.34 Such approaches are also in line with United Nations Sustainable Development Goal 1235 to ensure sustainable consumption and production patterns.
(2)  The measures laid down in this Directive should fully pursue circular approaches that prioritise safe, non-toxic re-usable products without any hazardous substances and re-use systems over any single-use product. All measures should, first and foremost, aim at a reduction of waste generated, and promote the prevention of waste as this is at the pinnacle of the waste hierarchy enshrined in Article 4 of Directive 2008/98/EC of the European Parliament and of the Council.34 Since any single-use product is prone to have a negative impact on climate or the environment due its short life cycle, priority needs to be given to prevention and re-use of products which can deliver high savings of CO2 and of valuable raw materials. This Directive will contribute to achieve the United Nations Sustainable Development Goal 1235 to ensure sustainable consumption and production patterns.
__________________
__________________
34 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
34 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
35 The 2030 Agenda for Sustainable Development adopted by the United Nations General Assembly on 25 September 2015.
35 The 2030 Agenda for Sustainable Development adopted by the United Nations General Assembly on 25 September 2015.
Amendment 4
Proposal for a directive
Recital 3
(3)  Marine litter is of a transboundary nature and is recognized as a global problem. Reducing marine litter is a key action for the achievement of United Nations Sustainable Development Goal 14 which calls to conserve and sustainably use the oceans, seas and marine resources for sustainable development.36The Union must play its part in tackling marine litter and aim to be a standard setter for the world. In this context, the Union is working with partners in many international fora such as G20, G7 and United Nations to promote concerted action. This initiative is part of the Union efforts in this regard.
(3)  Marine litter is of a transboundary nature and is recognised as a global problem. Increasing amounts of waste are reaching the oceans around the world and affecting the health of ecosystems, killing animals. Reducing marine litter is a key action for the achievement of United Nations Sustainable Development Goal 14 which aims to conserve and sustainably use the oceans, seas and marine resources for sustainable development.36 The Union must play its part in tackling marine litter, preventing the production of litter, and managing marine litter more effectively and aim to be a standard setter for the world. In this context, the Union is working with partners in many international fora such as the G20, G7 and United Nations to promote concerted action. This initiative is part of the Union efforts in this regard.
_________________
_________________
36 The 2030 Agenda for Sustainable Development adopted by the United Nations General Assembly on 25 September 2015.
36 The 2030 Agenda for Sustainable Development adopted by the United Nations General Assembly on 25 September 2015.
Amendment 5
Proposal for a directive
Recital 5
(5)  In the Union, 80 to 85 % of marine litter, measured as beach litter counts, is plastic, with single-use plastic items representing 50 % and fishing-related items representing 27 %. Single-use plastics products include a diverse range of commonly used fast-moving consumer products that are discarded after having been used once for the purpose for which they were provided, are rarely recycled, and are prone to littering. A significant proportion of the fishing gear placed on the market is not collected for treatment. Single-use plastic products and fishing gear containing plastic are therefore a particularly serious problem in the context of marine litter and pose a severe risk to marine ecosystems, biodiversity and, potentially, to human health and are damaging activities such as tourism, fisheries and shipping.
(5)  In the Union, 80 to 85 % of marine litter, measured as beach litter counts, is plastic, with single-use plastic items representing 50 % and fishing-related items representing 27 %.Single-use plastics products include a diverse range of commonly used fast-moving consumer products that are discarded after having been used once for the purpose for which they were provided, are rarely recycled, and are prone to littering. A significant proportion of the fishing and aquaculture gear placed on the market is not collected for treatment. Single-use plastic products and fishing and aquaculture gear containing plastic, such as pots, traps, floats and buoys, nets, ropes, strings, cords and lines are therefore a particularly serious problem in the context of marine litter and pose a severe risk to marine ecosystems, biodiversity as well as to human and animal health, and are damaging activities such as tourism, fisheries and shipping.
Amendment 6
Proposal for a directive
Recital 5 a (new)
(5a)  The Council, at its meeting of 25 June 2018, adopted conclusions on "Delivering on the EU Action Plan for the Circular Economy", clearly supporting the actions undertaken at a European and global level to restrict the use of microplastics intentionally added to products as well as the use of oxo-plastics in the Union and the actions envisaged in the Plastics Strategy concerning the reduction of microplastics from textiles, car tyres and leakage of pre-production pellets. The Union is already taking action as there is an ongoing process under REACH, whereby the Commission asked the European Chemicals Agency to develop an Annex XV restriction dossier concerning the use of intentionally added microplastic particles to consumer or professional use products of any kind.
Amendment 7
Proposal for a directive
Recital 5 b (new)
(5b)  The Union should adopt a comprehensive approach to the problem of microplastics and should encourage all producers to strictly limit microplastics from their formulations, with particular attention to textile and tyre manufacturers since synthetic clothing and tyres contribute to 63 % of microplastics which end up directly in the aquatic environment.
Amendment 8
Proposal for a directive
Recital 6
(6)  Existing Union legislation40 and policy instruments provide some regulatory responses to address marine litter. In particular, plastic waste is subject to overall Union waste management measures and targets, such as the recycling target for plastic packaging waste41 and the recently adopted objective in the Plastics Strategy42 to ensure that all plastic packaging is recyclable by 2030. However, the impact of that legislation on marine litter is not sufficient and there are differences in the scope and the level of ambition amongst national measures to prevent and reduce marine litter. In addition, some of those measures, in particular marketing restrictions for single-use plastic products, may create barriers to trade and distort competition in the Union.
(6)  Proper waste management remains essential for the prevention of (marine) litter. Existing Union legislation40 and policy instruments provide some regulatory responses to address marine litter. In particular, plastic waste is subject to overall Union waste management measures and targets, such as the recycling target for plastic packaging waste41 and the recently adopted objective in the Plastics Strategy42 to ensure that all plastic packaging is recyclable by 2030. However, the impact of that legislation on marine litter is not sufficient and there are differences in the scope and the level of ambition amongst national measures to prevent and reduce marine litter. In addition, some of those measures, in particular marketing restrictions for single-use plastic products, may create barriers to trade and distort competition in the Union.
__________________
__________________
40 Directive 2008/98/EC, Directive 2000/59/EC, Directive 2000/60/EC, Directive 2008/56/EC and Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).
40 Directive 2008/98/EC, Directive 2000/59/EC, Directive 2000/60/EC, Directive 2008/56/EC and Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).
41 Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste (OJ L 365 31.12.1994, p. 10).
41 Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste (OJ L 365 31.12.1994, p. 10).
42 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions "A European Strategy for Plastics in a Circular Economy" (COM(2018)0028).
42 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions "A European Strategy for Plastics in a Circular Economy" (COM(2018)0028).
Amendment 9
Proposal for a directive
Recital 6 a (new)
(6a)  Fostering research and innovation in the packaging sector is a key factor in order to promote a more sustainable value chain. In order to achieve that aim, it is necessary to strengthen the relevant funding mechanisms within the context of the European R&D programming tools, such as the EU Framework Programmes for Research and Innovation (i.e. Horizon 2020), with a view to the forthcoming Strategic Research Innovation Agenda for Plastics.
Amendment 10
Proposal for a directive
Recital 7
(7)  To focus efforts where they are most needed, this Directive should only cover the most found single-use plastics products, which are estimated to represent around 86% of the single-use plastics found, in counts, on beaches in the Union.
(7)  To focus efforts where they are most needed, this Directive should only cover the most found single-use plastics products as well as fishing gear. The single-use plastics products covered by measures under this Directive are estimated to represent around 86% of the single-use plastics found, in counts, on beaches in the Union.
Amendment 11
Proposal for a directive
Recital 7 a (new)
(7a)  This Directive is without prejudice to the provisions established in Directive 94/62/EC regarding single-use plastic products that are considered packaging items as defined by Article 3(1) of Directive 94/62/EC.
Amendment 12
Proposal for a directive
Recital 7 b (new)
(7b)  The review report of the Commission should indicate whether the scope can be broadened to single-use products in general.
Amendment 13
Proposal for a directive
Recital 7 c (new)
(7c)   Terrestrial pollution and contamination of soil by larger items of plastic and resulting fragments or micro-plastics can be significant on local or regional scales. On a local scale that can be considerable due to intensive use of plastics in agriculture. To reduce the effects of plastic waste on the environment and on human and animal health, plastic pollution from agricultural land should be thoroughly investigated.
Amendment 14
Proposal for a directive
Recital 8 a (new)
(8a)  Plastic products should be manufactured taking into account their entire lifespan. Eco-design of plastic products should always take into account production phase, recyclability and possibly also reusability of the product. Producers should be encouraged, where appropriate, to use single or compatible polymers for manufacturing their products in order to simplify sorting and enhance recyclability, especially in the case of plastic packaging
Amendment 16
Proposal for a directive
Recital 9 a (new)
(9a)   By retaining the value of products and materials for as long as possible and generating less waste, the economy of the Union can become more competitive and more resilient, while reducing the pressure on precious resources and the environment.
Amendment 17
Proposal for a directive
Recital 10
(10)  The single-use plastic products should be addressed by one or several measures, depending on various factors, such as the availability of suitable and more sustainable alternatives, the feasibility to change consumption patterns, and the extent to which they are already covered by existing Union legislation.
(10)  The single-use plastic products should be addressed by one or several measures, depending on various factors, such as the availability of suitable and more sustainable alternatives, taking into account life cycle principles, the feasibility to change consumption patterns, and the extent to which they are already covered by existing Union legislation.
Amendment 18
Proposal for a directive
Recital 11
(11)  For certain single-use plastic products, suitable and more sustainable alternatives are not yet readily available and the consumption of most such single-use plastic products is expected to increase. To reverse that trend and promote efforts towards more sustainable solutions Member States should be required to take the necessary measures to achieve a significant reduction in the consumption of those products, without compromising food hygiene or food safety, good hygiene practices, good manufacturing practices, consumer information, or traceability requirements set out in Union food legislation44.
(11)  For certain single-use plastic products, suitable and more sustainable alternatives are not yet readily available and the consumption of most such single-use plastic products is expected to increase. To reverse that trend and promote efforts towards safe and sustainable solutions, Member States should be required to take the necessary measures to achieve an ambitious and sustained reduction in the consumption of those products, as is being done for plastic bags under Directive 94/62/EC, as amended by Directive (EU) 2015/720 of the European Parliament and of the Council43a, without compromising food hygiene or food safety, good hygiene practices, good manufacturing practices, consumer information, or traceability requirements set out in Union food legislation44. These measures should apply to containers for food fulfilling all of the following criteria: the food in question is intended for immediate consumption, it is intended for consumption without further preparation, and it is intended to be consumed from the receptacle. Member States should aim at the highest possible ambition for those measures, which should be proportionate to the seriousness of the littering risk of the various products and uses. Member States should adopt national targets to quantify the effects of the measures taken to achieve the ambitious and sustained reduction. Member States should encourage the use of products that are suitable for multiple use and that are, after having become waste, suitable for preparing for re-use and recycling, without compromising the free movement of goods in the internal market. Those measures should take into account the impact of products throughout their life cycle including when found in the marine environment and should respect the waste hierarchy.
___________________
___________________
43a Directive (EU) 2015/720 of the European Parliament and of the Council of 29 April 2015 amending Directive 94/62/EC as regards reducing the consumption of lightweight plastic carrier bags (OJ L 115, 6.5.2015, p. 11).
44 Regulation (EC) 178/2002 laying down the general principles and requirements of food law (OJ L 31, 1.2.2002, p.1-24), Regulation (EC) No 852/2004 on the hygiene of foodstuffs (OJ L 139, 30.4.2004, p.1-54), Regulation (EC) No 1935/2004 on materials intended to come into contact and other relevant legislation related to food safety, hygiene and labeling (OJ L 338, 13.11.2004, p.4-17).
44 Regulation (EC) 178/2002 laying down the general principles and requirements of food law (OJ L 31, 1.2.2002, p.1-24), Regulation (EC) No 852/2004 on the hygiene of foodstuffs (OJ L 139, 30.4.2004, p.1-54), Regulation (EC) No 1935/2004 on materials intended to come into contact and other relevant legislation related to food safety, hygiene and labeling (OJ L 338, 13.11.2004, p.4-17).
Amendment 19
Proposal for a directive
Recital 11 a (new)
(11a)  Tobacco product filters are the second most littered single-use plastic items. Although the market share of plant-derived cellulose filters for tobacco products appears to be increasing, the acceptability of the available alternatives is not clear. Furthermore, the huge impact on the environment of tobacco products with filters cannot be ignored as those filters may break into smaller plastic pieces. Used tobacco filters also contain numerous chemicals that are harmful for the environment, of which at least 50 are known human carcinogens, as well as heavy metals, which may leach from the filter and harm the surrounding land, air and marine environments. In order to address the environmental impact caused by post-consumption waste, a wide range of measures are necessary for tobacco products with filters, ranging from a reduction of single-use, disposable filters containing plastic to extended producer responsibility to ensure responsible disposal and to cover the costs of litter clean-up. In order to address the significant collection and sorting costs currently borne by taxpayers, the extended producer responsibility schemes should cover the costs of litter clean-up and the costs for appropriate waste collection infrastructures. As part of these measures, Member States could also create incentives for a cigarette butt recovery chain to clean cellulose acetate, the plastic material that makes up 60 % of the composition of cigarette filters, and then transform it into new plastic objects.
Amendment 20
Proposal for a directive
Recital 12
(12)  For other single-use plastic products, suitable and more sustainable alternatives that are also affordable are readily available. In order to limit the adverse impact of such products on the environment, Member States should be required to prohibit their placing on the Union market. By doing so, the use of those readily available and more sustainable alternatives as well as innovative solutions towards more sustainable business models, re-use alternatives and substitution of materials would be promoted.
(12)  For other single-use plastic products, suitable and more sustainable alternatives that are also affordable are readily available. In order to limit the adverse impact of such products on the environment, Member States should be required to prohibit their placing on the Union market. By doing so, the use of those readily available and more sustainable alternatives that comply with existing standards and Union law as well as innovative solutions towards more sustainable business models, re-use alternatives and substitution of materials would be promoted, in line with the waste hierarchy as laid down in Article 4 of Directive 2008/98/EC. The marketing restrictions introduced in this Directive should also cover products made of oxo-degradable plastic, as this type of plastic does not properly biodegrade and thus contributes to microplastic pollution in the environment, is not compostable, negatively affects the recycling of conventional plastic and fails to deliver a proven environmental benefit. In view of the high prevalence of polystyrene litter in the marine environment and the availability of alternatives, single-use food and beverage containers made of expanded polystyrene should also be restricted.
Amendment 21
Proposal for a directive
Recital 12 a (new)
(12a)  For plastic plates and cutlery, even if suitable and if more sustainable alternatives are also readily available, where duly justified and in order to avoid any risks in the continuity of the provision of certain social services, such as catering in educational establishments and health-care services, it is appropriate to come with a limited time extension for the implementation of prohibiting their placing on the Union market.
Amendment 23
Proposal for a directive
Recital 12 c (new)
(12c)  The measures laid down in this Directive which promote the usage of non-plastic alternatives should under no circumstances cause an increase of detrimental effects to the environment and the climate, e.g. additional CO2 emissions or the exploitation of valuable resources. While many of the non-plastic alternatives are made out of natural resources and are expected to originate from the bio-economy, it is especially important to ensure the sustainability of these materials. In respect of the waste hierarchy, the measures laid down in this Directive and their implementation should always give priority to prevention or to the transition to re-usable products rather than to other single-use alternatives, even if they are made of non-plastic materials.
Amendment 24
Proposal for a directive
Recital 13
(13)  Caps and lids, with a significant part made of plastic, from beverage containers are among the most found single-use plastic items littered on Union beaches. Therefore, beverage containers that are single-use plastic products should only be allowed to be placed on the market if they fulfil specific product design requirements significantly reducing the leakage into the environment of beverage container caps and lids. For beverage containers that are single-use plastic products and packaging, this requirement is an addition to the essential requirements on the composition and the reusable and recoverable, including recyclable, nature of packaging set out in Annex II of Directive 94/62/EEC. In order to facilitate conformity with the product design requirement and ensure a smooth functioning of the internal market, it is necessary to develop a harmonised standard adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council45 and the compliance with that standard should allow presumption of conformity with those requirements. Sufficient time should be envisaged for the development of a harmonised standard and to allow the producers to adapt their production chains in relation to the implementation of the product design requirement.
(13)  Caps and lids made of plastic, from beverage containers are among the most found single-use plastic items littered on Union beaches. Therefore, beverage containers that are single-use plastic products should only be allowed to be placed on the market if they fulfil specific product design requirements significantly reducing the leakage into the environment of beverage container caps and lids and increasing the quantities recycled. For beverage containers that are single-use plastic products and packaging, this requirement is an addition to the essential requirements on the composition and the reusable and recoverable, including recyclable, nature of packaging set out in Annex II of Directive 94/62/EEC. In order to facilitate conformity with the product design requirement and ensure a smooth functioning of the internal market, it is necessary to develop a harmonised standard adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council45 and the compliance with that standard should allow presumption of conformity with those requirements. Sufficient time should be envisaged for the development of a harmonised standard and to allow the producers to adapt their production chains in relation to the implementation of the product design requirement. In order to ensure the circular use of plastics, the market uptake of recycled materials needs to be safeguarded. It is therefore appropriate to introduce a requirement for a mandatory minimum content of recycled plastics in certain products.
___________________
___________________
45 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12).
45 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12).
Amendment 25
Proposal for a directive
Recital 13 a (new)
(13a)  In the context of the review to be undertaken pursuant to Article 9(5) of Directive 94/62/EC, the Commission should take into account the relative properties of different packaging materials, including composite materials, on the basis of life-cycle assessments, addressing in particular prevention and design for circularity.
Amendment 26
Proposal for a directive
Recital 13 b (new)
(13b)  The presence of dangerous chemical substances in sanitary towels and tampons and tampon applicators should be avoided in the interests of women’s health. In the same way, the accessibility of multi-use and more economically sustainable solutions is vital in ensuring that women have full access to life in society.
Amendment 27
Proposal for a directive
Recital 14
(14)  Certain single-use plastic products end up in the environment as a result of inappropriate disposal through sewers or other inappropriate release into the environment. Therefore, single-use plastic products that are frequently disposed of through sewers otherwise inappropriately disposed of should be subject to marking requirements. The marking should inform consumers about appropriate waste disposal options and/or waste disposal options to be avoided and/or about the negative environmental impacts of litter as a result of inappropriate disposal. The Commission should be empowered to establish a harmonised format for the marking and when doing so should, where appropriate, test the perception of the proposed marking with representative groups of consumers to ensure that it is effective and clearly understandable.
(14)  Certain single-use plastic products end up in the environment as a result of inappropriate disposal through sewers or other inappropriate release into the environment. Disposal through sewers may in addition cause substantial economic damage to sewer networks by clogging pumps and blocking pipes. For these products, there is frequently a significant lack of information about the material characteristics of these products and the appropriate waste disposal. Therefore, single-use plastic products that are frequently disposed of through sewers or otherwise inappropriately disposed of should be subject to marking requirements and awareness-raising measures. The marking should inform consumers about appropriate waste disposal options and/or waste disposal options to be avoided, about the negative environmental impacts of litter as a result of inappropriate disposal, the presence of plastics in the product and the recyclability of the product. The Commission should be empowered to establish a harmonised format for the marking and when doing so should, where appropriate, test the perception of the proposed marking with representative groups of consumers to ensure that it is effective, clearly understandable, and not misleading, and should also consider existing voluntary agreements.
Amendment 28
Proposal for a directive
Recital 15
(15)  With regard to single-use plastic products for which there are no readily available suitable and more sustainable alternatives, Member States should, in line with the polluter pays principle, also introduce extended producer responsibility schemes to cover the costs of waste management and clean-up of litter as well as the costs of awareness-raising measures to prevent and reduce such litter.
(15)  With regard to single-use plastic products for which there are no readily available suitable and more sustainable alternatives, Member States should, in line with the polluter pays principle, also introduce extended producer responsibility schemes to cover the necessary costs of waste management and clean-up of litter, as well as the costs of awareness-raising measures to prevent and reduce such litter and to tackle consumer misbehaviour. These costs should not exceed the costs that are necessary to provide those services in a cost-efficient way and should be established in a transparent way between the actors concerned. Costs to clean up litter should be proportionate and should be based on clear objectives established in accordance with Article 8a(1) of Directive 2008/98/EC. These objectives should define the scope and scale of the clean-up activities covered by the extended producer responsibility scheme in line with relevant obligations concerning waste prevention and marine litter in Union law. Such activities should include for instance litter prevention and collection in streets, markets and other public spaces and during public events but should not include operations, including sea and ocean clean-up, for which public authorities are not responsible.
Amendment 29
Proposal for a directive
Recital 15 a (new)
(15a)   Economic incentives are able to influence consumer choice, encourage or discourage specific consumer habits and can thus be used as an effective upstream tool for reducing the impact of certain plastics on the environment.
Amendment 30
Proposal for a directive
Recital 16
(16)  The large portion of plastic stemming from abandoned, lost and discarded fishing gear containing plastic in marine litter indicates that the existing legal requirements46 do not provide sufficient incentives to return such fishing gear to shore for collection and treatment. The indirect fee system envisaged under Union law on port reception facilities for the delivery of waste from ships takes away the incentive for ships to discharge their waste at sea, and ensures a right of delivery. That system should, however, be supplemented by further financial incentives for fishermen to bring their fishing gear waste on shore to avoid any potential increase in the indirect waste fee to be paid. As plastic components of fishing gear have a high recycling potential, Member States should, in line with the polluter pays principle, introduce extended producer responsibility for fishing gear containing plastic to facilitate separate collection of waste fishing gear and to finance sound waste management of such fishing gear, in particular recycling.
(16)  The large portion of plastic stemming from abandoned, lost and discarded fishing gear containing plastic in marine litter indicates that the existing legal requirements46 do not provide sufficient incentives to return such fishing gear to shore for collection and treatment. Under Regulation (EC) No 1224/2009, if lost fishing gear cannot be retrieved, the master of the vessel is required to inform the competent authority of its flag Member State. In order to ensure harmonised monitoring, the data on lost fishing gear should be collected and recorded by the Member States and forwarded annually to the Commission. The indirect fee system envisaged under Union law on port reception facilities for the delivery of waste from ships takes away the incentive for ships to discharge their waste at sea, and ensures a right of delivery. That system should, however, be supplemented by further financial incentives for fishermen to bring their fishing gear waste on shore to avoid any potential increase in the indirect waste fee to be paid. As plastic components of fishing gear have a high recycling potential, Member States should, in line with the polluter pays principle, introduce extended producer responsibility for fishing gear containing plastic to facilitate separate collection of waste fishing gear and to finance sound waste management of such fishing gear, in particular recycling. Member States should adopt the measures required to ensure that financial contributions paid by producers of fishing gear containing plastic in fulfilment of their obligations deriving from producer responsibility are adjusted, in particular to take into account the durability, reparability, re-usability and recyclability of such fishing gear.
___________________
___________________
46 Council Regulation (EC) No 1224/2009, Directive 2000/59/EC and Directive 2008/98/EC.
46 Council Regulation (EC) No 1224/2009, Directive 2000/59/EC and Directive 2008/98/EC.
Amendment 31
Proposal for a directive
Recital 16 a (new)
(16a)  In the framework of an extended producer responsibility for fishing gear containing plastic, Member States should monitor, assess, collect and recycle fishing gear in order to meet the quantitative targets for collection and recycling of fishing gear containing plastic laid down in this Directive.
Amendment 32
Proposal for a directive
Recital 17 a (new)
(17a)   In the Common Agricultural Policy (CAP) Strategic Plans, the problem of agricultural plastic waste should be addressed and the Commission should, as appropriate, introduce a standard for good agricultural and environmental condition of land on plastic waste as a new element of enhanced conditionality in the mid-term, by 2023. Farmers would, under the new cross-compliance requirement, be bound to use an authorised waste management business to arrange collection and recycling of plastic, and keep evidence that plastic waste has been handled correctly.
Amendment 33
Proposal for a directive
Recital 18
(18)  In order to prevent littering and other inappropriate forms of disposal resulting in marine litter containing plastic, consumers need to be properly informed about the most appropriate waste disposal options available and/or waste disposal options to be avoided, best practices with regard to waste disposal and the environmental impact of bad disposal practices as well as about the plastic content in certain single-use plastic products and fishing gear. Therefore, Member States should be required to take awareness raising measures ensuring that such information is given to the consumers. The information should not contain any promotional content encouraging the use of the single-use plastic products. Member States should be able to choose the measures which are most appropriate based on the nature of the product or its use. Producers of single-use plastic products and fishing gear containing plastic should cover the costs of the awareness raising measures as part of their extended producer responsibility obligation.
(18)  In order to prevent littering and other inappropriate forms of disposal resulting in marine litter containing plastic, consumers need to be properly informed about the most appropriate waste disposal options available and/or waste disposal options to be avoided, best practices with regard to waste disposal and the environmental impact of bad disposal practices as well as about the plastic content in certain single-use plastic products and fishing gear, in order to incentivise responsible consumer behaviour in the correct disposal of waste. Therefore, Member States should be required to take awareness raising measures ensuring that such information is given to the consumers. This information should include the impact of inappropriate waste disposal on the sewer network. The information should not contain any promotional content encouraging the use of the single-use plastic products. Member States should be able to choose the measures which are most appropriate based on the nature of the product or its use. The fight against litter is a shared effort between competent authorities, producers and consumers. Producers of single-use plastic products and fishing gear containing plastic should cover the costs of the awareness raising measures as part of their extended producer responsibility obligation. Producers should be encouraged to use their marketing power to promote and drive sustainable and circular consumption and use of products.
Amendment 34
Proposal for a directive
Recital 18 a (new)
(18a)   In accordance with Union law, the Commission is required assist the Member States to produce strategies and plans for the reduction of the dispersal at sea of fishing gear, including through subsidies from the European Maritime and Fisheries Fund (EMFF). The efforts may include awareness-raising campaigns and programmes on the impact of such waste on marine ecosystems, research on the feasibility of biodegradable/compostable fishing gear, educational projects for fishermen and specific public programmes for the removal of plastic and other items from the marine environment.
Amendment 35
Proposal for a directive
Recital 20
(20)  Beverage bottles that are single-use plastic products are one of the most found marine litter items on the beaches in the Union. This is due to ineffective separate collection systems and low participation in those systems by the consumers. It is necessary to promote more efficient separate collection systems and therefore, a minimum separate collection target should be established for beverage bottles that are single-use plastic products. Member States should be able to achieve that minimum target by setting separate collection targets for beverage bottles that are single-use plastic products in the framework of the extended producer responsibility schemes or by establishing deposit refund schemes or by any other measure that they find appropriate. This will have a direct, positive impact on the collection rate, the quality of the collected material and the quality of the recyclates, offering opportunities for the recycling business and the market for the recyclate.
(20)  Beverage bottles (with caps and lids) that are single-use plastic products are one of the most found marine litter items on the beaches in the Union. This is due to ineffective separate collection systems and low participation in those systems by the consumers. It is necessary to promote more efficient separate collection systems and to increase the production from recycled content and therefore, a minimum separate collection target should be established for beverage bottles that are single-use plastic products. Member States should be able to achieve that minimum target by setting separate collection targets for beverage bottles that are single-use plastic products in the framework of the extended producer responsibility schemes or by establishing deposit refund schemes or any other measure that they find appropriate. This minimum collection target should be accompanied by a requirement for specific recycled content for plastic bottles, in order to ensure that the increase in plastic collected is reused or recycled and thus reintroduced into the circular economy. Those measures will have a direct, positive impact on the collection and recycling rate, the quality of the collected material and the quality of the recyclates, offering new opportunities for the recycling business and the market for the recyclate. When implementing the measures to achieve the minimum separate collection target, Member States should ensure that the sound operation of existing extended producer responsibility schemes is maintained. The Commission should lay down guidelines for the functioning of deposit-refund schemes for those Member States that choose to establish such schemes.
Amendment 36
Proposal for a directive
Recital 20 a (new)
(20a)  Directive 2008/98/EC defines ‘separate collection’ as the collection where a waste stream is kept separately by type and nature so as to facilitate a specific treatment. Directive (EU) 2018/851 of the European Parliament and of the Council1a amending Directive 2008/98/EC notes that separate collection could be achieved through door-to-door collection, bring and reception systems or other collection arrangements. Point (a) of Article 10(3) of Directive 2008/98/EC allows for a derogation whereby it should be possible to collect certain types of waste together provided that this does not impede high-quality recycling or other recovery of waste, in line with the waste hierarchy, and results in output from those operations which is of comparable quality to that achieved through separate collection. That derogation should be available also in the implementation of this Directive.
_____________
1a Directive (EU) 2018/851 of the European Parliament and of the Council of 30 May 2018 amending Directive 2008/98/EC on waste (OJ L 150, 14.6.2018, p. 109).
Amendment 37
Proposal for a directive
Recital 22
(22)  Pursuant to paragraph 22 of the Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 201648, the Commission should carry out an evaluation of this Directive. That evaluation should be based on experience gathered and data collected during the implementation of this Directive and data collected under Directive 2008/56/EC or Directive 2008/98/EC. The evaluation should provide the basis for an assessment of possible further measures and an assessment whether, in view of monitoring of marine litter in the Union, the Annex listing single-use plastic products needs to be reviewed. The evaluation should also consider whether scientific and technical progress that has taken place in the meantime, including the development of biodegradable materials and the development of criteria or a standard for biodegradability of plastics in the marine environment, as foreseen in the European Plastics Strategy, allows the setting of a standard for biodegradation of certain single-use plastic products in the marine environment. That standard would include a standard to test if, as a result of physical and biological decomposition in the marine environment, plastics would fully decompose into carbon dioxide (CO2), biomass and water within a timescale short enough for the plastics not to be harmful for marine life and not lead to an accumulation of plastics in the environment. If that is the case, single-use plastic products that meet such a standard could be exempted from the prohibition on placing on the market. While the European Strategy for Plastics already envisages action in this area, it also recognises the challenges in relation to determining a regulatory framework for plastics with biodegradable properties due to different marine conditions across seas.
(22)  Pursuant to paragraph 22 of the Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 201648, the Commission should carry out an evaluation of this Directive. That evaluation should be based on experience gathered and data collected during the implementation of this Directive and data collected under Directive 2008/56/EC or Directive 2008/98/EC. The evaluation should provide the basis for an assessment of possible further measures, including the setting of Union-wide reduction targets for 2030 and beyond, and an assessment whether, in view of monitoring of marine litter in the Union, the Annex listing single-use plastic products needs to be reviewed.
___________________
___________________
48.  OJ L 123, 12.5.2016, p. 1.
48.  OJ L 123, 12.5.2016, p. 1.
Amendment 38
Proposal for a directive
Recital 23
(23)  Member States should lay down rules on penalties applicable to infringements of the provisions of this Directive and ensure that they are implemented. The penalties should be effective, proportionate and dissuasive.
(23)  Member States should lay down rules on penalties applicable to infringements of the provisions of this Directive and ensure that they are implemented. The penalties should be effective, proportionate and dissuasive. Consumers should also be incentivised or penalised for their behaviour, as appropriate.
Amendment 39
Proposal for a directive
Recital 25
(25)  Since the objectives of this Directive, namely to prevent and to reduce the impact of certain single-use plastic products and fishing gear containing plastic on the environment, to promote the transition to a circular economy, including the fostering of innovative business models, products and materials, thus also contributing to the efficient functioning of the internal market, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives,
(25)  Since the objectives of this Directive, namely to prevent and to reduce the impact of certain single-use plastic products and fishing and aquaculture gear containing plastic on the environment and on human health, to promote the transition to a circular economy, including the fostering of innovative business models, products and materials, thus also contributing to the efficient functioning of the internal market, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives,
Amendment 40
Proposal for a directive
Recital 25 a (new)
(25a)  Since plastic marine litter is not limited to the marine environment surrounding the Union and since a huge amount of plastic marine litter can be detected in other parts of the world than the Union, Member States should ensure that exports of waste materials to third countries do not add to plastic marine litter elsewhere.
Amendment 41
Proposal for a directive
Recital 25 b (new)
(25b)  Member States can also play an important role in curbing marine litter by sharing their knowledge and expertise in sustainable material management with third countries.
Amendment 42
Proposal for a directive
Recital 25 c (new)
(25c)  Public authorities, including the Union institutions, should lead by example.
Amendment 43
Proposal for a directive
Article 1 – paragraph 1
The objective of this Directive is to prevent and reduce the impact of certain plastic products on the environment, in particular the aquatic environment, and on human health as well as to promote the transition to a circular economy with innovative business models, products and materials, thus also contributing to the efficient functioning of the internal market.
The objective of this Directive is to prevent and reduce the impact of certain plastic products on the environment, in particular on the aquatic life and environment, and on human health as well as to promote the transition to a circular economy with innovative and sustainable business models, products and materials, thus also contributing to the efficient functioning of the internal market.
Amendment 44
Proposal for a directive
Article 2 – paragraph 1
This Directive shall apply to the single-use plastic products listed in the Annex and to fishing gear containing plastic.
This Directive shall apply to the single-use plastic products listed in the Annex and to fishing and aquaculture gear containing plastic.
Amendment 45
Proposal for a directive
Article 3 – paragraph 1 – point 1
(1)  'plastic' means a material consisting of a polymer within the meaning of Article 3(5) of Regulation (EC) No 1907/2006, to which additives or other substances may have been added, and which can function as a main structural component of final products, with the exception of natural polymers that have not been chemically modified;
(1)  'plastic' means a material consisting of a polymer within the meaning of Article 3(5) of Regulation (EC) No 1907/2006, to which additives or other substances may have been added, and which functions or can function as a main structural component of final products, with the exception of natural polymers that have not been chemically modified;
Amendment 47
Proposal for a directive
Article 3 – paragraph 1 – point 2 a (new)
(2a)  ‘very lightweight plastic carrier bags’ means lightweight plastic carrier bags as defined in Article 3(1c) of Directive 94/62/EC with a wall thickness below 15 microns;
Amendment 48
Proposal for a directive
Article 3 – paragraph 1 – point 3
(3)  ‘fishing gear’ means any item or piece of equipment that is used in fishing and aquaculture to target or capture marine biological resources or that is floating on the sea surface and is deployed with the objective of attracting and capturing such marine biological resources
(3)  ‘fishing gear’ means any item or piece of equipment that is used in fishing and aquaculture to target, capture or retain for farming marine biological resources or that is floating on the sea surface and is deployed with the objective of attracting, capturing or retaining such marine biological resources;
Amendment 49
Proposal for a directive
Article 3 – paragraph 1 – point 4
(4)  'waste fishing gear' means any fishing gear covered by the definition of waste in Directive 2008/98/EC, including all separate components, substances or materials that were part of or attached to such fishing gear when it was discarded;
(4)  'waste fishing gear' means any fishing gear covered by the definition of waste in Directive 2008/98/EC, including all separate components, substances or materials that were part of or attached to such fishing gear when it was discarded or lost;
Amendment 50
Proposal for a directive
Article 3 – paragraph 1 – point 10
(10)  'producer' means any natural or legal person that, irrespective of the selling technique used, including distance contracts within the meaning of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 201150, places on the market single-use plastic products and fishing gear containing plastic except persons carrying out fishing activities as defined in Article 4(28) of Regulation (EC) No 1380/2013 of the European Parliament and of the Council51;
(10)  ‘producer’ means any natural or legal person that professionally develops, manufactures, processes, treats, sells or imports, irrespective of the selling technique used, including distance contracts within the meaning of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 201150, and in doing so, places on the market single-use plastic products and fishing gear containing plastic except persons carrying out fishing activities or aquaculture as defined in Article 4(25) and 4(28) of Regulation (EC) No 1380/2013 of the European Parliament and of the Council 51;
___________________
___________________
51 Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p.22).
51 Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p.22).
Amendment 51
Proposal for a directive
Article 3 – paragraph 1 – point 11 a (new)
(11a)  ‘separate collection’ means separate collection as defined in Article 3(11) of Directive 2008/98/EC;
Amendment 52
Proposal for a directive
Article 3 – paragraph 1 – point 13 a (new)
(13a)  'Biodegradable plastic' means a plastic capable of undergoing physical, biological decomposition, such that it ultimately decomposes into carbon dioxide (CO2), biomass and water and in accordance with European standards for packaging recoverable through composting and anaerobic digestion;
Amendment 53
Proposal for a directive
Article 3 – paragraph 1 – point 14 a (new)
(14a)  ‘tobacco products’ means tobacco products as defined in point (4) of Article 2 of Directive 2014/40/EU.
Amendments 118, 54 and 119
Proposal for a directive
Article 4
Article 4
Article 4
Consumption reduction
Consumption reduction
1.  Member States shall take the necessary measures to achieve a significant reduction in the consumption of the single-use plastic products listed in Part A of the Annex on their territory by … [six years after the end-date for transposition of this Directive].
1.  Member States shall take the necessary measures to achieve an ambitious and sustained reduction of at least 25 % by 2025 in the consumption of the single-use plastic products listed in Part A of the Annex on their territory.
Those measures may include national consumption reduction targets, measures ensuring that reusable alternatives to those products are made available at the point of sale to the final consumer, economic instruments such as ensuring that single-use plastic products are not provided free of charge at the point of sale to the final consumer. Those measures may vary depending on the environmental impact of the products referred to in the first subparagraph.
Those measures may include measures ensuring that reusable alternatives to those products are made available at the point of sale to the final consumer, economic instruments such as ensuring that single-use plastic products are not provided free of charge at the point of sale to the final consumer. Those measures may vary depending on the environmental impact, of the products referred to in the first subparagraph over their life cycle, including when littered.
Member States shall draw up national plans describing the measures adopted pursuant to this paragraph. Member States shall notify the Commission of the plans and shall update them where necessary. The Commission may issue recommendations on those plans.
Member States shall set national quantitative reduction targets to attain the objective laid down in the first subparagraph of this paragraph. Those targets shall be adopted by … [end-date for transposition of this Directive].
Measures adopted pursuant to this paragraph shall be proportionate and non-discriminatory. Member States shall notify the Commission of those measures in accordance with Directive (EU) 2015/15351a where so required by that Directive.
2.  The Commission may adopt an implementing act laying down the methodology for the calculation and verification of the significant reduction in the consumption of the single-use plastic products referred to in paragraph 1. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 16(2).
2.  The Commission shall adopt an implementing act laying down the methodology for the calculation and verification of the ambitious and sustained reduction in the consumption of the single-use plastic products referred to in paragraph 1 by… [12 months after the date of entry into force of this Directive]. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 16(2).
2a.  Member States shall take the necessary measures to achieve a sustained reduction of the environmental impact of waste from tobacco products, and in particular tobacco product filters containing plastic, by reducing post-consumption waste from tobacco product filters containing plastic as follows: 50 % by 2025 and 80 % by 2030, compared to the weighted average of plastic filters of tobacco products placed on the market between 2014 and 2016.
_________________
1a Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (codification) (OJ L 241, 17.9.2015, p. 1).
Amendment 55
Proposal for a directive
Article 6 – paragraph 1
1.  Member States shall ensure that single-use plastic products listed in Part C of the Annex that have caps and lids with a significant part made of plastic may be placed on the market only if the caps and lids remain attached to the container during the product’s intended use stage.
1.  Member States shall ensure that single-use plastic products listed in Part C of the Annex that have caps and lids made of plastic may be placed on the market only if the caps and lids remain attached to the container during the product’s intended use stage.
Amendment 56
Proposal for a directive
Article 6 – paragraph 1 a (new)
1a.  Member States shall ensure that by 2025 beverage bottles listed in Part C of the Annex may be placed on the market only if they are made from at least 35 % recycled content and are recyclable.
By 1 January 2022, the Commission shall adopt implementing acts laying down the methodology for the calculation of recycled content. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 16(2).
Amendment 57
Proposal for a directive
Article 6 – paragraph 2
2.  For the purposes of this Article metal caps or lids with plastic seals shall not be considered to have a significant part made of plastic.
2.  For the purposes of this Article metal caps or lids with plastic seals shall not be considered to be made of plastic. Glass and metal beverage containers that have caps and lids made of plastic shall not be covered by this Article.
Amendment 58
Proposal for a directive
Article 6 – paragraph 3
3.  The Commission shall request the European standardisation organisations to develop harmonised standards relating to the requirement referred to in paragraph 1.
3.  By ... [3 months after the date of entry into force of this Directive], the Commission shall request the European standardisation organisations to develop harmonised standards relating to the requirement referred to in paragraph 1. Those standards shall in particular address the need to ensure the necessary strength, reliability and safety of beverage container closures, including those for carbonated drinks.
Amendments 59 and 140
Proposal for a directive
Article 7
Article 7
Article 7
Marking requirements
Marking requirements
1.  Member States shall ensure that each single-use plastic product listed in Part D of the Annex placed on the market bears a conspicuous, clearly legible and indelible marking informing consumers of one or more of the following:
1.  Member States shall ensure that each sales packaging of the single-use plastic products listed in Part D of the Annex placed on the market bears a conspicuous, clearly legible and indelible marking, both on packaging containing several units and on each separate unit, when packaged individually, informing consumers of the following:
(a)  appropriate waste disposal options for the product or waste disposal means to be avoided for that product,
(a)  appropriate waste disposal options for the product and/or waste disposal means to be avoided for that product,
(b)  the negative environmental impacts of littering or other inappropriate waste disposal of the products, or
(b)  the negative environmental impacts of littering or other inappropriate waste disposal of the products,
(c)  the presence of plastics in the product.
(c)  the presence of plastics in the product, and
(ca)   the presence in the product of chemicals of concern, such as hazardous metals, phthalates, PFAS, bisphenols, as well as endocrine disruptors and other substances of very high concern (SVHC) under Regulation (EC) No 1907/2006.
In addition, Member States shall ensure that each sales packaging of the single-use plastic products listed in Part D of the Annex, except tobacco products with filters and filters marketed for use in combination with tobacco products, placed on the market bears a conspicuous, clearly legible and indelible marking, both on packaging containing several units and on each separate unit, when packaged individually, informing consumers of the recyclability of the product.
2.  The Commission shall, by … [12 months before the end-date for transposition of this Directive] adopt an implementing act laying down the specifications for the marking referred to in paragraph 1. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 16(2).
2.  The Commission shall, by … [12 months before the end-date for transposition of this Directive] adopt an implementing act laying down the specifications for the marking referred to in paragraph 1 and in doing so shall consider existing sectorial voluntary agreements and shall pay particular attention to the need to avoid information that misleads consumers. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 16(2).
Amendment 146
Proposal for a directive
Article 7 a (new)
Article 7a
Provisions for Sanitary Items
Member States shall prevent the use of hazardous chemicals in the composition of sanitary towels, tampons and tampon applicators listed in Part D of the Annex.
Amendment 60
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1
With regard to the schemes established pursuant to paragraph 1, Member States shall ensure that the producers of the single-use plastic products listed in Part E of the Annex shall cover the costs of the collection of waste consisting of those single-use plastic products and its subsequent transport and treatment, including the costs to clean up litter and the costs of the awareness raising measures referred to in Article 10 regarding those products.
With regard to the schemes established pursuant to paragraph 1, Member States shall ensure that the producers of the single-use plastic products listed in Part E of the Annex shall cover the costs of the collection of waste consisting of those single-use plastic products and its subsequent transport and treatment including the costs to clean up litter and the costs of the awareness raising measures referred to in Article 10 regarding those products. The financial contributions paid by the producers to comply with these obligations shall not exceed the costs that are necessary to provide those services in a cost-efficient way and shall be established in a transparent way between the actors concerned.
Amendment 61
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1 a (new)
With regard to the costs to clean up litter referred to in the first subparagraph, Member States shall ensure that the financial contributions paid by the producers are established in a proportionate way and are modulated in accordance with Article 8a(4) of Directive 2008/98/EC, and take into account the costs of clean-up of individual products or product groups. The costs shall be limited to activities undertaken on a regular basis by public authorities or on their behalf, which shall include litter clean-up activities aiming to meet relevant obligations concerning waste prevention and environmental protection under legislative acts of the Union.
Amendment 62
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1 b (new)
The Commission shall develop guidelines, in consultation with Member States, on the distribution of the costs to clean up litter covered by the extended producer responsibility schemes.
Amendment 63
Proposal for a directive
Article 8 – paragraph 2 a (new)
2a.  Member States shall ensure that extended producer responsibility schemes established pursuant to paragraph 1 of this Article for tobacco product filters containing plastic contribute to the achievement of the environmental objective laid down in Article 4(2a), including by ensuring that producers of tobacco product filters containing plastic cover the costs of the collection of waste of those products and its subsequent transport and treatment including the costs to clean up litter and the costs of the awareness raising measures referred to in Article 10 regarding those products. In order to achieve that objective, Member states may inter alia require the extended producer responsibility schemes to establish collection systems or finance collection infrastructure for used filters, or promote the decontamination and recycling of used filters through the establishment of a waste recovery chain.
Amendment 64
Proposal for a directive
Article 8 – paragraph 3
3.  Member States shall ensure that extended producer responsibility schemes are established for fishing gear containing plastic placed on the Union market, in accordance with the provisions on extended producer responsibility in Directive 2008/98/EC.
3.  Member States shall ensure that extended producer responsibility schemes are established for fishing gear containing plastic placed on the Union market, in accordance with the provisions on extended producer responsibility in Directive 2008/98/EC. Member States shall ensure on that basis that a minimum collection rate of fishing gear containing plastic is achieved annually. From 2025 the minimum collection rate shall be 50 % calculated on the basis of the total weight of fishing gear containing plastic in a given year in the Member State concerned, expressed as a percentage of the average weight of fishing gear containing plastic placed on the market in the three preceding years in that Member State.
They shall also ensure that those extended producer responsibility schemes achieve a recycling target of at least 15 % for fishing gear containing plastic by 2025. In order to achieve that target, Member States may additionally require the schemes to inter alia:
(a)  modulate financial contributions in accordance with Article 8a(4) of Directive 2008/98/EC, to promote the placing on the market of fishing gear designed for re-use and recycling;
(b)  establish deposit-refund schemes to encourage the return of old, derelict or unusable fishing gear;
(c)  include monitoring, tracking and reporting programmes.
Amendment 65
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 2 a (new)
Without prejudice to technical measures laid down in Council Regulation (EC) No 850/981a, the Commission shall request the European standardisation organisations to develop harmonised standards relating to the circular design of fishing gear to encourage preparation for re-use and facilitate recyclability at end of life.
__________________
1a Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (OJ L 125, 27.4.1998, p. 1).
Amendment 66
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Member States shall take the necessary measures to collect separately, by 2025, an amount of waste single-use plastic products listed in Part F of the Annex equal to 90% of such single-use plastic products placed on the market in a given year by weight. In order to achieve that objective Member States may inter alia:
Member States shall take the necessary measures to collect separately, by 2025, an amount of waste single-use plastic products listed in Part F of the Annex equal to 90% of such single-use plastic products placed on the market in a given year by weight and ensure their subsequent recycling. In order to achieve that objective Member States may inter alia:
Amendment 67
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1a (new)
The first subparagraph shall apply without prejudice to Article 10(3)(a) of Directive 2008/98/EC.
Amendment 68
Proposal for a directive
Article 9 – paragraph 1 a (new)
The Commission shall develop guidelines, in consultation with Member States, on the functioning of deposit-refund schemes.
Amendment 69
Proposal for a directive
Article 10
Article 10
Article 10
Awareness raising measures
Awareness raising measures
1.  Member States shall take measures to inform consumers of the single-use plastic products listed in Part G of the Annex and fishing gear containing plastic about the following:
1.  Member States shall take measures to inform as well as incentivise responsible behaviour from consumers of the single-use plastic products listed in Part G of the Annex and fishing gear containing plastic about the following:
(a)  the available re-use systems and waste management options for those products and fishing gear containing plastic as well as best practices in sound waste management carried out in accordance with Article 13 of Directive 2008/98/EC;
(a)  the availability of reusable alternatives, re-use systems and waste management options for those products and fishing gear containing plastic as well as best practices in sound waste management carried out in accordance with Article 13 of Directive 2008/98/EC
(b)  the impact of littering and other inappropriate waste disposal of those products and fishing gear containing plastic on the environment, and in particular on the marine environment.
(b)  the impact of littering and other inappropriate waste disposal of those products and fishing gear containing plastic on the environment, and in particular on the marine environment;
(ba)  the impact on the sewer network of inappropriate waste disposal of those products.
Amendment 70
Proposal for a directive
Article 11 – paragraph 2
The measures that Member States take to transpose and implement Articles 4 to 9 shall comply with Union food law to ensure that food hygiene and food safety are not compromised.
The measures that Member States take to transpose and implement Articles 4 to 9 shall comply with Union food law to ensure that food hygiene and food safety are not compromised and with Regulation (EC) No 1935/2004 of the European Parliament and of the Council1a. Member States shall encourage the use of sustainable, safer alternatives to plastic where possible for materials in contact with food.
________________
1a Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (OJ L 338 13.11.2004, p. 4).
Amendment 71
Proposal for a directive
Article 11 – paragraph 2 a (new)
Member States shall ensure that exports of waste materials to third countries do not add to plastic marine litter elsewhere.
Amendment 72
Proposal for a directive
Article 12 – paragraph 1 – introductory part
1.  Member States shall ensure that natural or legal persons or their associations, organisations or groups, in accordance with national legislation or practice, have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions, actions or omissions related to the implementation of Articles 5, 6, 7 and 8 when one of the following conditions is fulfilled:
1.  Member States shall ensure that natural or legal persons or their associations, organisations or groups, in accordance with national legislation or practice, have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions, actions or omissions related to the implementation of Articles 4, 5, 6, 7, 8, 9 and 10 when one of the following conditions is fulfilled:
Amendment 73
Proposal for a directive
Article 13
Article 13
Article 13
Information on monitoring of implementation
Information on monitoring of implementation
1.  Without prejudice to Directive 2003/4/EC of the European Parliament and of the Council52 and Directive 2007/2/EC of the European Parliament and of the Council53, Member States, assisted by the European Environment Agency, shall set up a data set containing:
1.  Without prejudice to Directive 2003/4/EC of the European Parliament and of the Council52 and Directive 2007/2/EC of the European Parliament and of the Council53, Member States, assisted by the European Environment Agency, shall set up a data set containing:
(a)  the data on single-use plastic products listed in Part A of the Annex that have been placed on the Union market each year, to demonstrate the consumption reduction in accordance with Article 4(1);
(a)  the data on single-use plastic products listed in Part A of the Annex that have been placed on the Union market each year, to demonstrate the consumption reduction in accordance with Article 4(1);
(aa)  the data on the placing on the market and separate collection of products listed in Part F of the Annex, to demonstrate the progress towards the achievement of the target set out in Article 9;
(ab)  the data on single-use plastic products listed in Part G of the Annex that are placed on the Union market each year in order to monitor their consumption in the Union;
(ac)  data on fishing gear containing plastic placed on the market and on waste fishing gear collected and treated;
(b)  information on the measures taken by Member States for the purposes of Article 4(1).
(b)  information on the plans and measures taken by Member States for the purposes of Article 4(1);
(ba)  data on marine litter, in particular that originating in products covered by this Directive in order to monitor the effects of the measures taken.
The data referred to in point (a) of the first subparagraph shall be updated annually within 12 months from the end of the reference year for which it is collected. Where possible, spatial data services as defined in Article 3(4) of Directive 2007/2/EC shall be used to present those data sets.
The data referred to in point (a) of the first subparagraph shall be reported for the first time by… [12 months after the entry into force of this Directive]. The data referred to in points (a) to (ac) shall be updated annually within 12 months from the end of the reference year for which it is collected. Where possible, spatial data services as defined in Article 3(4) of Directive 2007/2/EC shall be used to present those data sets.
2.  Member States shall ensure that the Commission and the European Environment Agency have access to the data sets established in accordance with paragraph 1.
2.  Member States shall ensure that the Commission and the European Environment Agency have access to the data sets established in accordance with paragraph 1.
3.  The European Environment Agency shall publish and update a Union-wide overview on the basis of the data collected by the Member States, on a regular basis. The Union-wide overview shall include, as appropriate, indicators for outputs, results and impacts of this Directive, Union-wide overview maps and Member State overview reports.
3.  The European Environment Agency shall publish and update a Union-wide overview on the basis of the data collected by the Member States, on a regular basis. The Union-wide overview shall include, as appropriate, indicators for outputs, results and impacts of this Directive, Union-wide overview maps and Member State overview reports.
4.  The Commission may adopt implementing acts laying down the format for the data set, information and data referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 16(2).
4.  The Commission shall adopt implementing acts laying down the format for the data set, information and data referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 16(2).
___________________
___________________
52 Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).
52 Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).
53 Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1).
53 Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1).
Amendments 74 and 150
Proposal for a directive
Article 15
Article 15
Article 15
Evaluation and review
Evaluation and review
1.  The Commission shall carry out an evaluation of this Directive by … [6 years after the end-date for transposition of this Directive]. The evaluation shall be based on the information available in accordance with Article 13. Member States shall provide the Commission with any additional information necessary for the purposes of the evaluation and the preparation of the report referred to in paragraph 2.
1.  The Commission shall carry out an evaluation of this Directive by … [5 years after the end-date for transposition of this Directive]. The evaluation shall be based on the information available in accordance with Article 13. Member States shall provide the Commission with any additional information necessary for the purposes of the evaluation and the preparation of the report referred to in paragraph 2.
2.  The Commission shall submit a report on the main findings of the evaluation carried out in accordance with paragraph 1 to the European Parliament, the Council and the European Economic and Social Committee.
2.  The Commission shall submit a report on the main findings of the evaluation carried out in accordance with paragraph 1 to the European Parliament, the Council and the European Economic and Social Committee. The report shall be accompanied by a legislative proposal, if appropriate. That proposal shall, if appropriate, set binding quantitative consumption reduction targets at Union level for the products listed in Part A of the Annex.
2a.  The Commission and the Member States shall set up, at the latest by 31 July 2020, a Union-wide programme for cleaning up plastic waste in the oceans and shall promote this initiative at international level.
3.  That report shall also indicate whether:
3.  That report shall include:
(a)  the Annex listing single-use plastic products needs to be reviewed;
(a)   an assessment of the need to review the Annex listing single-use plastic products;
(b)  it is feasible to establish binding quantitative Union targets for the consumption reduction of, in particular, single-use plastic products listed in Part A of the Annex;
(b)   a study of the feasibility of establishing binding quantitative Union targets for the consumption reduction of, in particular, single-use plastic products listed in Part A of the Annex; in this regard the report shall assess the setting of targets expressed in absolute numbers taking into account consumption levels and already achieved reductions in Member States;
(ba)  an assessment of the change in materials used in, and innovation in new delivery systems for reusable alternatives of, the products covered by this Directive; this shall include an overall environmental life-cycle analysis of these materials and the resulting alternatives;
(c)  sufficient scientific and technical progress has been made, and criteria or a standard for biodegradability in the marine environment applicable to single-use plastic products within the scope of this directive and their single-use substitutes have been developed, in order to determine which products no longer need to be subject to the restrictions on placing on the market, where appropriate.
Amendment 75
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 1 a (new)
By way of derogation from the first subparagraph of this paragraph, Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with the reporting obligations contained in point (a) of Article 13(1) by ... [12 months after the date of entry into force of this Directive].
Amendment 76
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 2
However, the Member States shall apply the measures necessary to comply with Articles 5 and 7(1) from … [2 years after entry into force of this Directive] and with Article 6(1) from …[3 years after entry into force of this Directive].
However, the Member States shall apply the measures necessary to comply with Articles 5 and 7(1) from … [2 years after entry into force of this Directive] and with Article 6(1) from …[3 years after entry into force of this Directive], with the exception of the measures necessary to comply with the requirement referred to in Article 6(1) in relation to beverage containers for carbonated drinks, which Member States shall apply from …[5 years after entry into force of this Directive].
Amendment 77
Proposal for a directive
Article 17 – paragraph 2
2.  Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
2.  Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive. The Commission shall verify that those provisions do not place any unjustified obstacles on the functioning of the single market.
Amendments 78 and 124/rev
Proposal for a directive
Annex I – part A
Single-use plastic products covered by Article 4 on consumption reduction
Single-use plastic products covered by Article 4 on consumption reduction
–  Cups for beverages, including their covers and lids
–  Food containers, i.e. receptacles such as boxes, with or without a cover, used to contain food that is intended for immediate consumption from the receptacle either on-the-spot or take-away without any further preparation, such as food containers used for fast food, except beverage containers, plates and packets and wrappers containing food
–  Food containers, i.e. receptacles such as boxes, with or without a cover, used to contain food that is intended for immediate consumption from the receptacle either on-the-spot or take-away without any further preparation, such as food containers used for fast food, except beverage containers, plates and packets and wrappers containing food
The sale of food in a one-person portion size container, or in a container provided with cutlery, is an indication that the food in question is intended to be consumed immediately from the food container.
The concept of further preparation includes activities such as heating, adding boiling water, washing, slicing and cutting.
Examples of single-use plastic food containers covered by parts A, E and G of this Annex:
–  Fast-food containers such as meal boxes and salad boxes with food for cold consumption
–  Fast-food containers such as meal boxes and salad boxes with food for hot consumption, except where the food needs to undergo heating by the consumer after the purchase of the product
–  Burger boxes, sandwich boxes, wrap boxes
–  One-person portion sized food containers of fresh or processed food that does not need further preparation, such as fruits, vegetables, desserts or ice-creams, sold by single unit
Examples of containers that are not single-use plastic food containers covered by parts A, E and G of this Annex:
–  Food containers with dried food or food sold cold that requires further preparation
–  Containers containing food in more than one-person portion size quantities
–  One-person portion sized food containers sold in more than one unit
–  Cups for beverages
Amendment 79
Proposal for a directive
Annex I – part B – indent 2
—  Cutlery (forks, knives, spoons, chopsticks)
—  Cutlery (forks, knives, spoons, chopsticks) except, until 2023, cutlery supplied to educational establishments or health care institutions under public supply contracts1a as defined in point 8 of Article 2 of Directive 2014/24/EU that were awarded before 31 December 2018.
___________________
1a ‘public supply contracts’ means public contracts having as their object the purchase, lease, rental or hire-purchase, with or without an option to buy, of products. A public supply contract may include, as an incidental matter, siting and installation operations.
Amendment 80
Proposal for a directive
Annex I – part B – indent 3
—  Plates
—  Plates, except, until 2023, plates supplied to educational establishments or health care institutions under public supply contracts1a as defined in point 8 of Article 2 of Directive 2014/24/EU that were awarded before 31 December 2018.
___________________
1a ‘public supply contracts’ means public contracts having as their object the purchase, lease, rental or hire-purchase, with or without an option to buy, of products. A public supply contract may include, as an incidental matter, siting and installation operations.
Amendment 81
Proposal for a directive
Annex I – part B – indent 6
—  Sticks to be attached to and to support balloons, except balloons for industrial or other professional uses and applications that are not distributed to consumers, including the mechanisms of such sticks
—  Sticks to be attached to and to support balloons, except balloons for industrial or other professional uses and applications that are not distributed to consumers, excluding the mechanisms of such sticks
Amendments 83 and 117
Proposal for a directive
Annex I – part B – indent 6 a (new)
—   Products made of oxo-degradable plastic
Amendment 84
Proposal for a directive
Annex I – part B – indent 6 b (new)
—  Food and beverage containers made of expanded polystyrene, used to contain food that is intended for immediate consumption from the receptacle either on-the-spot or take-away without further preparation.
Amendment 85
Proposal for a directive
Annex I – part C – indent 1
—  Beverage containers, i.e. receptacles used to contain liquid such as beverage bottles including their caps and lids
—  Beverage containers, i.e. receptacles used to contain liquid such as beverage bottles including their caps and lids, except containers intended and used for food for special medical purposes in liquid form as defined in point (g) of Article 2 of Regulation (EU) No 609/2013
Amendment 125
Proposal for a directive
Annex I – part D – indent 3
—  Balloons, except balloons for industrial or other professional uses and applications, that are not distributed to consumers
deleted
Amendment 86
Proposal for a directive
Annex I – part D – indent 3 a (new)
–  Tobacco products with filters and filters marketed for use in combination with tobacco products
Amendment 87
Proposal for a directive
Annex I – part D – indent 3 b (new)
–  Packets and wrappers made from flexible material containing food that is intended for immediate consumption from the packet or wrapper without any further preparation
Amendment 88
Proposal for a directive
Annex I – part D – indent 3 c (new)
–  Cups for beverages
Amendment 89
Proposal for a directive
Annex I – part E – indent 4
–  Cups for beverages
–  Cups for beverages including their covers and lids
Amendment 90
Proposal for a directive
Annex I – part F – indent 1
—  Beverage bottles
—  Beverage bottles, including their caps and lids

(1) The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A8-0317/2018).

Last updated: 5 November 2018Legal notice