Report - A6-0466/2006Report
A6-0466/2006

REPORT on the proposal for a directive of the European Parliament and of the Council on waste

15.12.2006 - (COM(2005)0667 – C6‑0009/2006 – 2005/0281(COD)) - ***I

Committee on the Environment, Public Health and Food Safety
Rapporteur: Caroline Jackson


Procedure : 2005/0281(COD)
Document stages in plenary
Document selected :  
A6-0466/2006

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a directive of the European Parliament and of the Council on waste

(COM(2005)0667 – C6‑0009/2006 – 2005/0281(COD))

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0667)[1],

–   having regard to Article 251(2) and Article 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6‑0009/2006),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on Industry, Research and Energy (A6‑0466/2006),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council and Commission.

Text proposed by the CommissionAmendments by Parliament

Amendment 1

Recitals 1 a to 1 c (new)

(1a) The first objective of any waste policy should be to minimise the negative effects of the generation and management of waste on human health and the environment. Waste legislation should also aim at reducing the use of resources, and favour the practical application of the waste hierarchy.

 

(1b) In its Resolution of 24 February 1997, the Council confirmed that waste prevention should be the first priority of waste management, and that re-use and material recycling should be preferred to energy recovery of waste, where and insofar as they are the best ecological options.

 

(1c) The Sixth Community Environment Action Programme confirmed this orientation in order to achieve a significant overall reduction in the volumes of waste generated and to set targets to be achieved thereafter.

Justification

The objective of waste management should be about the minimization of the impacts related to the generation and management of waste, in turn contributing to a reduction in the use of resources. An established hierarchy should be, therefore, put into practice and applied ensuring continuity of existing policy objectives.

The aim is to recall the existing basis for the five step hierarchy on waste management starting from prevention as the priority steps and then following the best environmentally friendly solutions.

The Sixth Community Environment Action Programme decision as adopted by the EP and the Council on the objective for waste prevention is recalled to stress the importance of overall reduction and of setting targets.

Amendment 2

Recital 6 a (new)

(6a) A transformation of the present system of production and consumption is urgently needed. The main objective is to change consumption in a sustainable direction and bring the processes of raw material extraction, production and product design as much into line with natural processes and designs as possible.

Amendment 3

Recital 6 b (new)

 

(6b) Society depends primarily on products made up of a set of different materials, i.e. biological, mineral and synthetic materials, which are often combined to produce composite materials. Such materials should be used and handled in such a way that, when the useful life of the products is over, they do not become useless waste.

Amendment 4

Recital 10 a (new)

 

(10a) Waste legislation should aim at reducing the use of natural resources, and foster the application of the waste hierarchy.

Justification

Waste hierarchy should be the ground for waste policy as it is based on environmental considerations. Therefore to apply waste hierarchy leads to environmental gains, contribute to the efficient use of natural resources and the reduction of energy dependency, by promoting the minimization of waste production and the material recycling of wastes.

Amendment 5

Recital 11

(11) A definition of re-use should be added in order to clarify the ambit of this operation in general waste treatment and the role of the re-use of materials or products that are within the scope of the definition of waste. The definition of re-use should not cover the re-use of products which do not become waste in the first place, and should relate, therefore, only to activities which lead to the re-use of products or components that have become waste.

(11) A definition of re-use should be added in order to clarify the ambit of this operation in the context of EU waste management policy. This definition should be worded so as to cover all operations defined as re-use under existing EU product-specific waste legislation.

Justification

New definitions under the Waste Framework Directive should take into account existing definitions under product specific waste directives (i.e. the definitions of “re-use” laid down in Directive 94/62/EC on packaging and packaging waste (Art. 3.5), Directive 2000/53/EC on end-of life vehicles (Art. 2.6) and Directive 2002/96/EC on waste electrical and electronic equipment (Art. 3.d)).

Amendment 6

Recital 13

(13) The definitions of recovery and disposal need to be modified in order to ensure a clear distinction between the two concepts, based on a genuine difference in environmental impact, and more specifically on whether or not the operation leads to the substitution of natural resources in the economy. In addition it is necessary to add a corrective mechanism to clarify cases where this distinction is difficult to apply in practice or where the classification of the activity as recovery does not match the real environmental impact or the operation.

(13) The definitions of recovery and disposal need to be modified in order to ensure a clear distinction between the two concepts, based on a genuine difference in environmental and health impact, and on whether or not the operation leads to a preferable substitution of natural resources in the economy. In addition it is necessary to add a corrective mechanism to clarify where the classification of the activity as recovery does not match the real environmental impact of the operation.

Justification

Health impact also needs to be considered. The substitution of natural resources by waste for the distinction between recovery and disposal should be preferable and not just any substitution. A corrective mechanism via commitology is only acceptable for action against sham recovery, but nor for the setting of specific distinctions between recovery and disposal.

Amendment 7

Recital 14 a (new)

 

(14a) In order to clarify certain aspects of the definition of waste, it would also be useful to specify when a material or a substance, which is the result of a production or extraction process not primarily aimed at producing it, and which the holder intends not to discard but to exploit, becomes a by-product. The Commission should issue interpretative guidelines on the basis of existing jurisprudence. If this proves insufficient, the Commission should, if appropriate, having had particular regard to environment and health concerns and conditions established in the jurisprudence, put forward legislative proposals with clear criteria for determining case by case when such materials and substances could be considered as falling outside the scope of the definition of waste. In the absence of such measures adopted at EU level or applicable European jurisprudence, the materials or substances concerned should continue to be considered a waste.

Amendment 8

Recital 15

(15) It is appropriate that costs be allocated in such a way as to reflect the real cost to the environment of the generation and management of that waste.

(15) It is appropriate that costs be allocated in such a way as to reflect the real cost to the environment of the generation and management of that waste. The 'polluter pays’ principle and producer responsibility should apply in this connection. In particular, individual producer responsibility is a tool that can be used to promote waste prevention, re-use and recycling by ensuring producers take into account the life-cycle impacts, including end-of-life impacts, of their products and develop appropriate design.

Justification

Waste prevention programmes developed in the past have fallen short of expectations. By expressly emphasising the 'polluter pays’ principle and producer responsibility, it is intended to take account of the particular importance of waste prevention. Measures resulting solely in increased administrative effort and hence increased costs, without commensurate ecological value-added, must be rejected.

The 6EAP specifically called for the “further development of producer responsibility” and the principle has already been incorporated within other elements of waste legislation, notably the WEEE directive and end-of-life vehicles directive.

Amendment 9

Recital 16 a (new)

(16a) While maintaining the necessary level of environmental protection Member States should ensure sufficient and cost-effective management options for waste arising from recycling operations in recognition of the key contribution of the recycling installations in reducing final disposal. Such residual waste represents an important bottleneck for further increases in recycling capacities and the competent authorities should take the necessary action in line with the aim of achieving the 'recycling society'.

Justification

More recycling means more residual waste arising which should be appropriately planned for before getting to ‘recycling society’.

Amendment 10

Recital 18

(18) In order to improve the way in which waste prevention actions are taken forward in the Member States and to facilitate the circulation of best practice in this area, it is necessary to strengthen the provisions relating to waste prevention and to introduce a requirement for the Member States to develop waste prevention programmes concentrating on the key environmental impacts and taking into account the whole life-cycle. Such objectives and measures should aim to break the link between economic growth and the environmental impacts associated with the generation of waste. Stakeholders, as well as the general public, should have the opportunity to participate in the drawing up of the programmes, and should have access to them once drawn up, in line with Directive 2003/35/EC of the European Parliament and of the Council.

(18) In order to improve the way in which waste prevention actions are taken forward in the Member States and to facilitate the circulation of best practice in this area, it is necessary to adopt Community targets and measures relating to waste prevention and to introduce a requirement for the Member States to develop waste prevention programmes concentrating on the key environmental impacts and taking into account the whole life-cycle. Such objectives and measures should aim to break the link between economic growth and the growth in waste volumes as well as the environmental and health impacts associated with the generation of waste by achieving a net reduction of waste generation, its harmfulness and its adverse impacts. Local and regional authorities, as well as stakeholders and the general public, should have the opportunity to participate in the drawing up of the programmes, and should have access to them once drawn up, in line with Directive 2003/35/EC of the European Parliament and of the Council.

Justification

The growth in waste volumes remains unsustainable and increases the burden and cost of waste management in all EU Member States (and particularly in the new Member States).

Prevention targets at Community level are more necessary than ever, and are indeed required by the Sixth Environment Action Programme. Moreover, it is not good enough to break the link between economic growth and environmental impacts in relative terms, as this may still allow for an increase of environmental impacts in absolute terms. The measures must lead to an absolute reduction of the generation of waste and the corresponding adverse effects.

Amendment 11

Recital 18 a (new)

(18a) Hazardous wastes are qualified by hazard and risk criteria. As a result, they need to be regulated under strict specifications in order to prevent or limit, as far as possible, negative effects due to inappropriate management which may affect the environment and to prevent risks to human health and safety.

Because of their hazardous properties, hazardous wastes need an appropriate management which involves specific and adapted collection and treatment techniques, particular controls and dedicated waste traceability modalities. All hazardous waste operators need to have adequate qualifications and training.

Justification

There is a need for the repeal of the current Hazardous Waste Directive not to be interpreted as a loophole to be less demanding on Hazardous Waste management. Therefore it is important to stress on this subject in a recital.

Amendment 12

Recital 19

(19) Certain provisions on the handling of waste, laid down in Council Directive 91/689/EEC of 12 December 1991 on hazardous waste, should be amended in order to remove obsolete material and to improve the clarity of the text. In the interests of the simplification of Community legislation, they should be integrated into the present Directive. In order to clarify the operation of the mixing ban, and to protect the environment and human health, the exemptions to the mixing ban laid down in Directive 91/689/EEC should be confined to situations where such mixing represents best available techniques as defined in Directive 96/61/EC. Directive 91/689/EEC should therefore be repealed.

deleted

Justification

Amendment consistent with the amendments to Articles 22 to 24.

Amendment 13

Recital 20

(20) Since the priority given to regeneration in Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils no longer reflects a clear environmental benefit, that Directive should be repealed. However, as the separate collection of waste oils remains crucial to their proper management and the prevention of damage to the environment from their improper disposal, the collection obligation for waste oils should be integrated into the present Directive. Directive 75/439/EEC should therefore be repealed.

deleted

Justification

The proposed repeal of the waste oils directive stands in stark contrast to the Commission's stated objective for the EU to become a 'recycling society'. Regeneration of waste oil is of environmental benefit and should therefore continue to be given priority. 'Simplification' of legislation should not lead to confusion by mixing framework legislation with sector-specific legislation. Various other waste streams are regulated by specific stand-alone directives, and will remain so. The same should apply for the waste oils directive.

Amendment 14

Article 1

This Directive lays down measures with a view to reducing the overall environmental impacts, related to the use of resources, of the generation and management of waste.

This Directive lays down measures with a view to minimising the overall environmental and health impacts of the generation and management of waste, and contributing also to a reduction in the use of resources.

For the same purposes, it also makes provisions whereby the Member States are to take measures, as a matter of priority, for the prevention or reduction of waste production and its harmfulness and, secondly, for the recovery of waste by means of re-use, recycling and other recovery operations.

For these purposes, as a general rule, the Member States and the Community shall take measures, in descending order of priority, for:

 

(1) the prevention and reduction of waste,

 

(2) the re-use of waste,

 

(3) the recycling of waste,

 

(4) other recovery operations,

 

(5) the safe and environmentally sound disposal of waste.

 

When life-cycle assessments and cost-benefit analyses indicate clearly that an alternative treatment option shows a better record for a specific waste stream, Member States may depart from the priorities established in the second paragraph. These assessments and analyses shall be made public and be reviewed by independent scientific bodies. Consultation shall be undertaken and ensure a full and transparent process, including stakeholder and citizen involvement. If necessary, the Commission will draw up guidelines for the application of such assessments and analyses.

Justification

Life Cycle Assessments (LCA) instruments cannot take into account unquantifiable aspects such as educational effects of separate collection or biodiversity benefits of less resource extraction. A precautionary approach in using such instruments in relation to overturning the captioned hierarchy is therefore important. Derogations from the hierarchy should be case-by-case, where evidence of gains is unequivocal and in order to ensure full transparency it is essential that the assessments are made public and are reviewed by an independent scientific body according to appropriate consultations as laid down in a new proposed annexe Va.

Amendment 15

Article 2

This Directive shall not cover gaseous effluents emitted into the atmosphere.

This Directive shall not cover:

 

- gaseous effluents emitted into the atmosphere,

 

- uncontaminated excavated materials which can be used in their natural state whether on the same site or another site.

1. It shall not cover the following categories of waste, as regards certain specific aspects of those categories which are already covered by other Community legislation:

1. It shall not cover the following categories of waste, as regards certain specific aspects of those categories which are already covered by other Community legislation:

(a) radioactive waste;

(a) radioactive waste;

(b) waste resulting from prospecting, extraction, treatment and storage of mineral resources and the working of quarries;

(b) waste resulting from prospecting, extraction, treatment and storage of mineral resources and the working of quarries;

(c) faecal matter and other natural, non-dangerous substances used in farming;

(c) faecal matter and other natural, non-dangerous substances used in farming;

(d) waste waters, with the exception of waste in liquid form;

(d) waste waters, with the exception of waste in liquid form;

(e) decommissioned explosives;

(e) decommissioned explosives;

 

(ea) animal carcases or animal by-products covered by Regulation (EC) No 1774/2002 without prejudice to the application of this Directive to the treatment of waste that contains animal by-products and animal by-products that are not suitable for use as a product for health reasons and have for this reason to be treated as waste;

 

 

(f) unexcavated contaminated soil.

(f) unexcavated contaminated soil.

2. It shall not cover animal carcases or animal by-products intended for uses in accordance with Regulation (EC) No 1774/2002 without prejudice to the application of the present Directive to the treatment of biowaste that contains animal by-products.

 

 

2a. With a view to promoting recycling in relation to specific materials, the Commission shall present a proposal to this effect at the latest 2 years after the entry into force of this Directive.

3. It shall not cover faecal matter, straw and other natural non-hazardous substances from agricultural production that are used in farming or for the production of energy from biomass through using processes or methods which do not harm the environment or endanger human health.

3. This Directive shall not cover faecal matter, straw and other natural non-hazardous substances that are used in farming or for the production of energy from biomass through using processes or methods which do not harm the environment or endanger human health. Sewage sludge shall fall within the scope of this Directive, except when it is used in agriculture -) in accordance with Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil when sewage sludge is used in agriculture1.

4. ‘animal carcases’ as referred to in paragraph 2 means animals that die other than by being slaughtered, including animals killed to eradicate an epizootic disease, in the context of agricultural or farming practices.

4. ‘animal carcases’ as referred to in paragraph 1(ea) means animals that die other than by being slaughtered, including animals killed to eradicate an epizootic disease, in the context of agricultural or farming practices.

 

1 OJ L 181, 4.7.1986, p. 6. Directive as last amended by Council Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

Justification

No less than 1000 million tonnes of excavated material are moved annually by contractors in the EU. Where material is re-used on the same site, public administrations generally do not consider it as being waste, but this remains an 'informal' interpretation of the legislation in force, that has not always been consistently supported by the Court.

But when the same material, which is intended to be used for the same purposes elsewhere, is removed from that site, it is invariably considered, in the sense of the Community definition, as being waste. This involves considerable additional costs and administrative burdens for the enterprise concerned as to its further use or disposal which in turn, is reflected in construction prices.

It would therefore be appropriate to exclude from the scope of the Directive, natural materials which are not contaminated, which can be used in their natural state, either on the same site or another site.

- Animal carcasses and animal by-products are also wastes but should be excluded from the scope of this Directive. Further it is clarified that animal by-products must be covered by the Animal By-Product Regulation and not just “intended for uses” in accordance with that Regulation.

The recycling of sludge for agricultural use, after appropriate processing, should be exempted from this Directive since it is already covered by Council Directive 86/278/EEC on the protection of the environment, and in particular of the soil. That Directive covers the processing of sludge in such a way as to prevent any possible detrimental effects on soil, plants, animals and humans. Overlapping of the two Directives should be avoided.

The long term vision of a “Recycling Society” as proposed by the Commission in the Thematic Strategy on Waste Prevention and Recycling is generally supported. However, neither this Directive nor the Thematic Strategy include any concrete measures to promote recycling. It is therefore considered necessary to specify in this Directive that the Commission shall present a proposal that aims at promoting recycling in specific materials within two years after the entry into force of the Directive – e.g. a horizontal recycling Directive or a number of Directives on specific waste streams.

Amendment 16

Article 3, point (a)

(a) ‘waste’ means any substance or object which the holder discards or intends or is required to discard;

(a) ‘waste’ means any substance or object which the holder discards or intends or is required to discard;

 

All waste categories are listed in the European Waste Catalogue (EWC), following Commission Decision 2000/532/EC1.

 

1 OJ L 226, 6.9.2000, p. 3. Decision as last amended by Council Decision 2001/573/EC (OJ L 203, 28.7.2001, p. 18).

Justification

For clarity it is good to refer to the European Waste Catalogue.

Amendment 17

Article 3, point (d)

(d) ‘management’ means the collection, transport, recovery and disposal of waste, including the supervision of such operations and after-care of disposal sites;

(d) 'management' means the collection, transport, treatment, recovery and disposal of waste, including the supervision of such operations and after-care of disposal sites;

Justification

Treatment is part of the waste management process and may be a separate operation to recovery and disposal.

Amendment 18

Article 3, point (e a) (new)

(ea) 'separate collection' means the collection where a waste stream is segregated by material and transported separately;

Justification

Member States should ensure that separate collection systems are put in place to ensure the domestic waste is collected in a form that meets the quality standards of the appropriate reprocessing sector.

Amendment 19

Article 3, point (e b) (new)

 

(eb) 'prevention' means any action that is taken before products or substances have become waste and that is aimed at reducing the generation of waste or its harmfulness; it also refers to the reduction of the harmfulness through restrictions on the use in products of substances or materials that are hazardous and any action taken to prevent formation, transfer and dispersion of hazardous substances during waste management;

Amendment 20

Article 3, point (f)

(f) ‘re-use’ means any recovery operation by which products or components that have become waste are used again for the same purpose for which they were conceived;

(f) 're-use' means the use of products or components, either waste or non-waste, for the same purpose for which they were conceived without any prior treatment apart from cleaning or repairing;

Justification

The Commission’s definition is unsatisfactory because it only deals with the re-use of products that have become waste. But re-use activities can also be carried out on products that are sent directly from consumer to re-user and have, therefore, never become waste.

Amendment 21

Article 3, point (g)

(g) ‘recycling’ means the recovery of waste into products, materials or substances whether for the original or other purposes. It does not include energy recovery;

(g) 'recycling' means the reprocessing of materials or substances in wastes through a production process whereby they produce or are incorporated in new products, materials or substances whether for the original or other purposes. It includes reprocessing of organic material, but does not include, inter alia, energy recovery, conversion for use as a fuel, processes involving combustion or use as a source of energy, including chemical energy, or backfilling operations;

Amendment 22

Article 3, point (g a) (new)

 

(ga) 'recovery' means a final waste treatment operation that meets the following criteria:

 

1) results in waste substituting for other resources that would have been used to fulfil that function;

 

2) results in waste serving a genuine useful purpose, whether in the plant or in the wider economy, by that substitution;

 

3) meets certain efficiency criteria, established in accordance with Article 5(2);

 

4) decreases the overall negative environmental impacts by using waste as a substitute for other resources;

 

5) ensures that pollutants are not transferred into the product and minimises the formation, transfer and dispersion of hazardous substances in the process;

 

6) gives a high priority to the protection of human health and the environment.

Amendment 23

Article 3, point (h)

(h) ‘mineral waste oils’ means any mineral-based lubrication or industrial oils which have become unfit for the use for which they were originally intended, and in particular used combustion engine oils and gearbox oils, mineral lubricating oils, oils for turbines and hydraulic oils;

(h) ‘waste oils’ means any mineral, synthetic or biological-based lubrication or industrial oils which have become unfit for the use for which they were originally intended, and in particular used combustion engine oils and gearbox oils, lubricating oils, oils for turbines and hydraulic oils;

Justification

This definition should in principle include all waste oils. It is better to use a wide definition. Lubrication and industrial oils are frequently based on synthetic base stock and in some cases on base stocks derived from vegetable oils. This definition ensures inclusion of all lubrication and industrial oils.

Amendment 24

Article 3, point (i)

(i) ‘treatment” means recovery or disposal.

(i) 'treatment' means recovery or disposal and includes interim treatment operations such as re-packaging, exchange, blending, mixing or storage prior to recovery or disposal;

Justification

A more comprehensive and informative definition is needed.

Amendment 25

Article 3, point (i a) (new)

 

(ia) 'disposal' means any operation that does not fulfil the conditions of recovery or re-use, and at least the operations listed in Annex I. All disposal operations shall give a high priority to the protection of human health and the environment.

Justification

In view of the importance attached to it in the directive, the term 'disposal' should also be defined. It is better to place all definitions in Article 3 than spread them between Articles 3 and 5, as the Commission proposal does. The Directive should continue to prioritise health and environmental considerations.

Amendment 26

Article 3, point (i b) (new)

(ib) ‘energy recovery’ means the use of combustible waste as a fuel for generating energy through direct incineration with or without other waste or fuel but with recovery of the heat. Incineration of waste where more energy is added than received during the process is not treated as energy recovery;

Justification

Correct implementation of the directive requires precise definition of “energy recovery” to be placed in Article 3. According to proposed definition energy recovery should mean any operation where the combustible waste is used as a fuel for generating energy. For distinction between recovery and disposal, the proposal states that the process could be treated as energy recovery only if efficiency of the process shows that energy is generated from waste.

Amendment 27

Article 3, point (i c) (new)

(ic) 'dealer' means anyone who acts in the role of principal to purchase and subsequently sell waste, including dealers who do not take physical possession of the waste;

Justification

There is a reference to dealers in Article 25. The definition is taken from the Regulation on shipment of waste.

Amendment 28

Article 3, point (i d) (new)

(id) 'broker' means anyone arranging for the recovery or disposal of waste on behalf of others, including brokers who do not take physical possession of the waste;

Justification

There is a reference to brokers in Article 25. The definition is taken from the Regulation on shipment of waste.

Amendment 29

Article 3, point (i e) (new)

 

(ie) ‘agent’ means anyone who acts on behalf of another to buy and sell waste.

Justification

This retains the concept of someone who negotiates on behalf of someone else and is not necessarily in possession of the product.

Amendment 30

Article 3, point (i f) (new)

(if) 'biowaste' means waste of animal or plant origin, for recovery purposes, which can be decomposed by microorganisms, soil-borne living organisms or enzymes; soil material with no significant biowaste content and plant remains from agricultural production falling within the scope of Article 2(3) are not biowaste.

Amendment 31

Article 3, point (i g) (new)

(ig) 'best available techniques' means best available techniques pursuant to Article 2(11) of Directive 96/61/EC;

Justification

To make definitions in the waste framework directive more precise, environmental standards for recovery operations (best available techniques, separation requirements) and quality standards for substances extracted should be introduced to a greater extent.

Amendment 32

Article 3, point (i h) (new)

(ih) ‘best available waste management techniques’ means the most effective and advanced stage in the development of activities and their methods of operation which indicate the practical suitability of particular techniques in order, during waste management operations, to avoid hazards to human health and environmental damage; Article 2(11) of and Annex IV to Directive 96/61/EC shall apply accordingly;

Justification

To make definitions in the waste framework directive more precise, environmental standards for recovery operations (best available techniques, separation requirements) and quality standards for substances extracted should be introduced to a greater extent.

Amendment 33

Article 3, point (i i) (new)

(ii) 'cleaning' means any process aiming to remove impurities from substances and materials so that the original substances or materials can continue to be used;

Justification

It stands to reason that cleaning processes should not be associated with waste discussions. A grease spotted coat will not be classified as waste. You will clean it to continue to use it as a coat.

In the chemical industry a cleaning process is aiming at removing impurities from substances so you can use them as an equivalent to a new substance.

Many different types of purification / cleaning processes are applied in the chemical industry, for instance:

· distillation (e.g. solvents)

· filtration of liquids

· regeneration of catalysts/activated carbon

· washing processes.

If a substance undergoes only a cleaning process like the above named examples and the substance is used again as the fresh product, this process should not be subject to waste law and regulations.

Amendment 34

Article 3, point (i j) (new)

(ij) 'regeneration' means any process whereby base oils can be produced by refining waste oils, in particular by removing the contaminants, oxidation products and additives contained in such oils.

Justification

The repeal of Waste oils directive means that regeneration is no longer defined in EU law. If the existing priority to regeneration is maintained in the Waste directive, one needs to provide a definition of regeneration in order to avoid diverging interpretations of the term.

Amendment 35

Article 3 a (new)

 

Article 3a

 

Producer responsibility

 

1. Member States and the Community shall, in order to reinforce producer responsibility, take measures to hold producers or importers responsible for the waste which is generated as a result of their product being placed on the market. This may be done, inter alia, in the following ways:

 

- by introducing take-back obligations for producers/importers,

 

- by introducing the obligation to provide publicly available information as to the extent to which the product is recyclable,

 

- by requiring producers to use materials and product design which help to avoid or reduce the generation of waste and to render the waste generated less damaging,

 

- by establishing facilities to make repair and re-use possible,

 

- by establishing facilities for separate collection, take-back and disposing of products in a responsible manner at the end of their life.

 

2. Member States shall report to the Commission on the implementation of paragraph 1. The Commission shall assess the appropriateness of introducing extended producer responsibility schemes for specific waste streams at EU level, based on the experiences of Member States.

Amendment 36

Article 4

A list of wastes shall be established by the Commission, in accordance with the procedure referred to in Article 36(2).

The list of wastes established by Commission Decision 2000/532/EC1 shall be annexed to this Directive and directly applicable in all Member States. The list may be amended by the Commission in accordance with the procedure referred to in Article 36(2).

The list shall include waste to be regarded as hazardous pursuant to Articles 12 to 15, taking into account the origin and composition of the waste and, where necessary, limit values of concentration.

The list shall be maintained, and amended, by the Commission for data collection purposes, and shall also include waste to be regarded as hazardous pursuant to Articles 12 and 15, taking into account the origin and composition of the waste and, where necessary, limit values of concentration.

 

The Commission shall ensure that this list is sufficiently easily understandable to SMEs and easily accessible.

 

________

1 OJ L 226, 6.9.2000, p. 3. Decision as last amended by Council Decision 2001/573/EC (OJ L 203, 28.7.2001, p. 18).

Justification

The amendment is in the interests of greater clarity. In practice, this is a long list containing descriptions that are either very technical or very vague, making it difficult for SMEs to use. It must therefore be made more reader-friendly.

The European Waste Catalogue is being incompletely and inadequately transposed in the Member States. For consistent transposition across the Community, it must be incorporated into the directive and made mandatory.

Amendment 37

Article 4 a (new)

 

Article 4a

 

Prevention of waste

 

Member States shall, in accordance with Article 1, take all necessary measures to stabilise their overall waste production by 2012 as compared to their overall annual waste production in 2008.

 

Stabilisation shall mean no further increase in generation relative to the start of the stabilisation period.

 

Following the consultation of all stakeholders, the Commission shall submit to the European Parliament and the Council proposals for measures required in support of the Member States' prevention activities, to cover:

 

(a) by 2008, a list of indicators that will enable Member States to monitor, assess and report on the progress of their waste prevention programmes and measures;

 

(b) by 2010, the formulation of a product eco-design policy addressing both the generation of waste and the presence of hazardous substances in waste, with a view to promoting technologies focusing on durable, re-usable and recyclable products;

 

(c) by 2010, the setting of further qualitative and quantitative waste reduction objectives for 2020, based on best available practice;

 

(d) by 2010, the formulation of an action plan for further support measures at European level seeking in particular to change current consumption patterns.

Amendment 38

Article 5

1. Member States shall take the necessary measures to ensure that all waste undergoes operations that result in it serving a useful purpose in replacing, whether in the plant or in the wider economy, other resources which would have been used to fulfil that function, or in it being prepared for such a use, hereinafter “recovery operations”.

1. Member States shall take the necessary measures, consistent with the provisions stated in Article 1, to ensure that where practicable all waste undergoes recovery operations. These shall include at least the operations listed in Annex II, provided that they satisfy the definition of recovery in Article 3.

 

For the avoidance of doubt, operations shall fall under Annex II despite producing some material which thereafter undergoes disposal operations if their primary purpose is a recovery operation falling under Annex II.

 

Further recovery operations may be added to the list of operations set out in Annex II, on the basis of a Commission proposal to the European Parliament and the Council.

2. The Commission may, in accordance with the procedure referred to in Article 36(2), adopt implementing measures in order to set efficiency criteria on the basis of which operations listed in Annex II may be considered to have resulted in a useful purpose, as referred to in paragraph 1.

2. The Commission shall put forward by…* a legislative proposal in accordance with the procedure laid down in Article 251 of the Treaty, for the adoption of implementing measures in order to set environmental and efficiency criteria on the basis of which final operations listed in Annex II may be considered to have resulted in a recovery operation.

 

2a. Before amending Annex II and adopting implementing measures pursuant to paragraph 2, the Commission shall consult the Member States and the industrial, environmental, workers’ and consumer associations concerned.

 

2b. Member States shall take measures to promote the re-use of products, notably through the establishment and support of accredited re-use and repair networks and by establishing, where necessary, the relevant process and product standards.

 

Member States may take other measures to promote re-use, such as the use of economic instruments, procurement criteria, quantitative objectives or prohibitions on the placing on the market of certain products.

 

* Two years after entry into force of this Directive.

Before operations to be regarded as recovery operations are defined, the stakeholders should be consulted.

There is a need for clear measures to promote reuse.

The Commission should have a pro-active role in this area, so as to enable the list to be adapted in line with developments in technology.

Amendment 39

Article 6

1. Member States shall ensure that, where recovery in accordance with Article 5(1) is not possible, all waste undergoes disposal operations.

1. Without prejudice to the second paragraph of Article 1, Member States shall ensure that where prevention, re-use, recycling or other recovery does not take place, all waste undergoes safe disposal operations which meet the objectives set out in Article 7.

They shall prohibit the abandonment, dumping or uncontrolled disposal of waste.

They shall prohibit the abandonment, dumping or uncontrolled disposal of waste.

2. Member States shall regard as disposal operations at least the operations listed in Annex I, even where the operation has as a secondary consequence the reclamation of substances or energy.

2. Disposal operations shall include the operations listed in Annex I.

 

Member States shall regard as disposal operations incineration operations in which the waste is not used principally as a fuel or other means to generate energy.

 

Member States may apply and invoke the principles of proximity and self-sufficiency in relation to any waste destined for disposal or destined for incineration or co-incineration.

 

Disposal operations classified as D 11 (Incineration at sea) and D7 (Release into seas/oceans including sea-bed insertion) shall be forbidden.

3. Where, despite substitution of resources taking place, the results of an operation indicate that, for the purposes of Article 1, it has only a low potential, the Commission may, in accordance with the procedure referred to in Article 36(2), adopt implementing measures adding that specific operation to the list set out in Annex I.

3. Where, despite substitution of resources taking place, the results of an operation indicate that, for the purposes of Article 1, the substitution is only a limited one, the Commission may put forward a legislative proposal adding that specific operation to the list set out in Annex I.

 

Before amending Annex I, the Commission shall consult the Member States and the industrial, environmental, workers’ and consumer associations concerned.

Justification

The amendment tightens up more precisely on the conditions for disposal and sets out the obligations on Member States more clearly. This is the kind of waste most likely to be illegally dumped or exported.

The deleted wording in paragraph 2 is unnecessary and confusing. The intention elsewhere in the proposal is to distinguish between R1 and D10 operations by means of an efficiency threshold and not by identifying the principal or secondary aim of the operation. A landfill site where energy is recovered from the methane produced from the waste is still a disposal site whether or not these words are included: it will not fall within the definition of recovery.

The amendment to paragraph 3 is designed to give greater clarity and at reducing the scope of the commitology procedure.

The principles of proximity and self-sufficiency should be applied to any kind of incineration, co-incineration and disposal.

It should be made explicit that incineration at sea (D11) and release of waste into seas/oceans including sea-bed insertion is prohibited.

Before operations to be regarded as disposal operations are defined, the stakeholders should be consulted.

Amendment 40

Article 7

Member States shall ensure that the recovery or disposal of waste is carried out as follows:

Member States shall take measures to ensure that waste management from collection until recovery or disposal is carried out by means of processes or methods ensuring a high level of protection for:

(a) without endangering human health;

(a) human health,

(b) without using processes or methods which could harm the environment;

(b) the environment,

(c) without risk to water, air, soil and plants and animals;

(c) water, air, soil and plants,

(d) without causing a nuisance through noise or odours;

and without causing a nuisance through noise or odours or adversely affecting the countryside or places of special interest.

(e) without adversely affecting the countryside or places of special interest.

 

Justification

Strictly speaking, “without risk” means with zero risk and that, sadly, does not exist. Existing Community case law recognises this: in Commission v. Ireland (2005) the Court held that, in relation to Article 4 of the existing directive “ it is for the Community and the Member States to prevent, reduce and, insofar as is possible, eliminate from the outset the source of pollution or nuisance by adopting measures of such a nature as to eliminate recognised risks”. This is a lot more carefully worded than the Commission’s text in this proposal.

Amendment 41

Article 7, paragraph 1 a (new)

Any waste recovery and disposal requirements laid down by Member States in the form of generally binding provisions shall be based on best available waste management techniques.

 

In so far as this is necessary for protection of human health and the environment, the Commission shall submit proposals for individual directives laying down, for wastes or recovery operations which are of particular ecological or economic significance in quantitative terms, requirements with regard to recovery, to substances or objects resulting from recovery operations, and to subsequent use of those substances and objects. Those requirements shall be based on best available waste management techniques. The directives may also determine in detail when the recovered waste is to lose its status as waste.

Justification

Environmental standards for recovery operations (best available techniques, separation requirements) and quality standards for substances extracted should be introduced to a greater extent.

Amendment 42

Article 7 a (new)

 

Article 7a

Dilution of waste

It shall be prohibited to mix a waste with one or more other materials with the aim to lower the concentration of one or more components which are present in the waste, in order to:

 

- use a disposal method for the diluted waste which is not allowed for the non-diluted waste;

 

- recover the diluted waste, in cases where the non-diluted waste should be disposed of;

 

- re-use the diluted waste, or transform it into a secondary product, if the non-diluted waste is not suitable for this purpose.

Justification

Both the Landfill Directive and the Waste Shipments Regulation prohibit the ‘dilution of waste’. The new Waste Directive is the ideal framework to give this much-needed clarification to avoid misunderstandings.

Amendment 43

Article 8

Member States shall ensure that any holder of waste carries out its recovery or disposal himself or has its recovery or disposal handled by an establishment or undertaking which carries out waste treatment operations or arranged by a private or public waste collector.

In accordance with the ‘polluter pays’ principle, Member States shall ensure that any holder of waste carries out its recovery or disposal himself or has its recovery or disposal handled by an establishment or undertaking which carries out waste treatment operations or arranged by a private or public waste collector.

Justification

The concept of 'polluter pays' should be included in the text as it plays a key role in waste management.

Amendment 44

Article 9

Member States shall ensure that the costs entailed in the recovery or disposal of waste are allocated, as appropriate, between the holder, previous holders and the producer.

In accordance with the ‘polluter pays’ principle the cost of waste management must be borne by:

- the holder of the waste collected or managed by a collector or by an enterprise, and/or

- the previous holders, and/or

- the producer of the product from which the waste is derived.

Justification

The current directive is clearer as regards costs and this amendment is based on Article 15 thereof. Its purpose is to:

- re-introduce the ‘polluter pays’ principle;

- ensure that costs are ‘borne’ and not ‘allocated’ by the Member States;

- ensure that costs are borne by the producer of the waste and are upstream as far as the producer of the product and not downstream of the producer of the waste;

- ensure that the costs cover not only recovery and disposal but also the overall costs of waste management (such as the cost of collection).

Amendment 45

Article 11

1. With a view to determining whether it is appropriate to deem certain waste to have ceased being waste, to have completed a re-use, recycling or recovery operation, and to reclassify that waste as secondary products materials or substances, the Commission shall assess whether the following conditions are met:

1. Member States may request the Commission to determine whether, by way of exception, a given waste has ceased to be a waste on the basis that:

 

(-a) it has completed a re-use, recycling or recovery operation in accordance with the provisions of this Directive and is hence to be reclassified as secondary products, materials or substances;

(a) reclassification would not lead to overall negative environmental impacts;

(a) such reclassification would not lead to overall negative environmental or health impacts;

(b) a market exists for such a secondary product, material or substance.

(b) a market exists, or would exist, for such a secondary product, material or substance.

2. On the basis of its assessment pursuant to paragraph 1, the Commission shall, in accordance with the procedure referred to in Article 36(2), adopt implementing measures in respect of a specific product, material or substance category of waste, specifying the environmental and quality criteria to be met in order for that waste to be deemed to have become a secondary product material or substance

2. By ...* the Commission shall, if appropriate, on the basis of its assessment pursuant to paragraph 1, put forward a legislative proposal specifying the environmental and quality criteria to be met in order for specific products, materials or substance categories of waste to be deemed to have become a secondary product, material or substance.

3. The criteria set pursuant to paragraph 2 shall be such as to ensure that the resulting secondary product, material or substance meets the necessary conditions to be placed on the market.

3. The criteria set pursuant to paragraph 2 shall be such as to ensure that the resulting secondary product, material or substance meets the necessary conditions to be placed on the market.

The criteria shall take into account any risks of environmentally harmful use or shipment of the secondary material or substance, and shall be set at a level that guarantees a high level of protection for human health and the environment.

The criteria shall take into account any risks of environmentally harmful use or shipment of the secondary material or substance, and shall be set at a level that guarantees a high level of protection for human health and the environment.

 

3a. By...** the Commission shall, if appropriate, make proposals for determining whether the following waste streams fall under the provisions of this Article, and if so, what specifications should apply to them:

 

- compost,

 

- aggregates,

 

- paper,

 

- glass,

 

- metal,

 

- end-of-life tyres,

 

- second-hand clothing.

 

* Two years after entry into force of this Directive ** Five years after entry into force of this directive.

Amendment 46

Article 12, paragraph 1 a (new)

 

1a. The reclassification of hazardous waste as non-hazardous waste may not be achieved by diluting or mixing the waste with the aim of decreasing the initial concentrations of pollutants to a level below the thresholds defining waste as hazardous.

Justification

The intention here is to make hazardous waste treatment safer.

Amendment 47

Article 12, paragraph 2

Hazardous waste produced by households shall not be regarded as hazardous waste until it is collected by an undertaking which carries out waste treatment operations or by a private or public waste collector.

2. Hazardous waste produced by households shall not be regarded as hazardous waste until it is collected by an undertaking which carries out treatment operations of separately collected hazardous waste or by a private or public collector of hazardous waste.

Justification

Article 12 exempts household hazardous waste from the requirements applicable to hazardous waste until it is collected for treatment. This could result in an automatic obligation that any collection process be carried out under the conditions required for hazardous waste, as it is always possible that a small fraction of hazardous waste might appear as part of the municipal waste stream or the selective packaging waste collection. Article 12 should clarify the consideration of household waste as hazardous from the moment it is separately collected for treatment as hazardous waste.

Amendment 48

Article 13, paragraph 1

The Commission shall, in accordance with the procedure referred to in Article 36(2), establish a list of hazardous wastes, hereinafter “the list”.

The list of wastes established by Decision 2000/532/EC appears as an annex to this Directive. The list may be amended by the Commission in accordance with the procedure referred to in Article 36(2).

Justification

Brings the text into line with amendment to Article 4.

Amendment 49

Article 13, paragraph 2

The list shall take into account the origin and composition of the waste and, where necessary, limit values of concentration.

The list shall take into account the composition of the waste and, where necessary, limit values of concentration and origin of the waste.

Justification

Origin is no determining factor to declare a waste as hazardous. Only the composition of the waste is the determining factor. It is possible that there is sometimes a correlation between origin and composition, but in general origin is not determining whether the waste is hazardous.

Amendment 50

Article 14, paragraph 1

1. A Member State may treat waste as hazardous where, even though it does not appear as such on the list of wastes referred to in Article 4, hereinafter “the list”, it displays one or more of the properties listed in Annex III.

The Member State shall notify any such cases to the Commission in the report provided for in Article 34(1), and shall provide the Commission with all relevant information.

1. Where a Member State considers that waste should be treated as hazardous, even though it does not appear as such on the list of wastes referred to in Article 4, (hereinafter “the list”), and it displays one or more of the properties listed in Annex III, the Member State shall immediately notify any such cases to the Commission and shall provide the Commission with all relevant information.

Justification

A decision on whether waste is to be declared hazardous or not must be notified to the Commission before a Member State takes specific measures, in line with EU policies on harmonisation of chemical and hazardous products.

Amendment 51

Article 15

1. Where a Member State has evidence to show that a specific waste that appears on the list as hazardous waste does not display any of the properties listed in Annex III, it may treat that waste as non-hazardous waste.

The Member State shall notify any such cases to the Commission in the report provided for in Article 34(1) and shall provide the Commission with the necessary evidence.

1. Where a Member State has evidence to show that a specific waste that appears on the list as hazardous waste does not display any of the properties listed in Annex III, it shall notify any such cases immediately to the Commission and shall provide the Commission with the necessary evidence.

2. The Commission shall, in the light of notifications received, review the list in order to decide on its adaptation, in accordance with the procedure referred to in Article 36(2).

2. The Commission shall, in the light of notifications received, review the list in order to decide on its adaptation, in accordance with the procedure referred to in Article 36(2).

 

2a. Member States may treat the waste as non-hazardous waste after the adaptation of the list has been adopted.

Justification

The provisions set out in the Commission’s proposal are unacceptable and likely to lead to divergent applications of the Directive since they would allow Member States to treat listed wastes as non-hazardous before notification of this to the Commission and, as importantly, before the Commission’s confirmation.

Amendment 52

Article 15 a (new)

 

Article 15a

 

Traceability and control of hazardous waste

 

In accordance with the provisions set out in this Directive regarding hazardous waste, Member States shall take the necessary action to ensure that the collection, production and transportation of hazardous waste, as well as its storage and treatment, are carried out in conditions providing optimum protection for the environment and human health and safety for operators, industrial sites and individuals, including as a minimum taking measures to ensure traceability and control from production to final destination of any hazardous waste and proper risk assessment during its management.

Amendment 53

Article 16, paragraph 1

1. Member States shall take the necessary measures to ensure that the following conditions are met where hazardous waste is mixed, either with other hazardous waste possessing different properties or with other waste, substances or materials:

(a) the mixing operation is carried out by an establishment or undertaking which has obtained a permit in accordance with Article 19;

(b) the conditions laid down in Article 7 are complied with;

(c) the environmental impact of the management of the waste is not worsened;

(d) such an operation conforms to best available techniques.

1. Member States shall take the necessary measures to require establishments or undertakings dealing with hazardous waste not to mix different categories of hazardous waste nor to mix hazardous waste with non-hazardous waste.

Justification

At all times, hazardous waste should be kept separate from non-hazardous waste.

Amendment 54

Article 16, paragraph 1 a (new)

 

1a. Member States shall encourage the separation of hazardous compounds from all waste streams before they enter the recovery chain.

Amendment 55

Article 16, paragraph 2

 

 

2. Subject to technical and economical feasibility criteria to be determined by the Member States, where hazardous waste has been mixed, in a manner contrary to paragraph 1, with other hazardous waste possessing different properties or with other wastes, substances or materials, separation shall be effected where necessary in order to comply with Article 7.

deleted

Amendment 56

Article 18

Without prejudice to the obligations related to the handling of hazardous waste laid down in Articles 16 and 17, Member States shall take the necessary measures to ensure that mineral waste oils are collected and handled in accordance with Article 7.

Without prejudice to the obligations related to the management of hazardous waste laid down in Articles 16 and 17, Member States shall take the necessary measures to ensure that mineral waste oils are collected separately from other waste where this is technically feasible and then treated in accordance with the waste hierarchy referred to in the second paragraph of Article 1, under the conditions outlined in Article 7; the preference given to regeneration in Directive 75/439/EEC should be maintained wherever possible.

Amendment 57

Article 19

1. Member States shall require any establishment or undertaking intending to carry out disposal or recovery operations to obtain a permit from the national competent authorities.

1. Member States shall require any establishment or undertaking intending to carry out disposal or recovery operations or intending to do so on behalf of a third party to obtain a permit from the national competent authorities, guaranteeing the conditions laid down in Article 7.

Such permits shall specify the following:

(a) the types and quantities of waste that may be treated;

Such permits shall specify the following:

(a) the types and quantities of waste that may be treated;

(b) for each type of operation permitted, the technical requirements relevant to the site concerned;

(c) the security precautions to be taken;

(b) for each type of operation permitted, the technical requirements relevant to the site and to the waste treatment installations concerned;

(c) the security precautions to be taken;

(d) the method to be used for each type of operation.

(d) the method to be used for each type of operation;

 

(da) input/output mass flow accounts.

Permits may specify additional conditions and obligations.

Permits may specify additional conditions and obligations such as requirements regarding the quality of the treatment.

2. Permits may be granted for a specified period and they may be renewable.

2. Permits may be granted for a specified period and they may be renewable.

3. Where the national competent authority considers that the intended method of treatment is unacceptable from the point of view of environmental protection, it shall refuse to issue a permit.

3. Where the national competent authority considers that the intended method of treatment is unacceptable from the point of view of environmental protection and public health, it shall refuse to issue a permit.

 

 

4. It shall be a condition of any permit covering energy recovery that the recovery of energy is to take place with a high level of energy efficiency.

4. It shall be a condition of any permit covering the use of waste as an energy source that the recovery of energy is to take place with a high level of energy efficiency.

 

For dedicated municipal waste incineration facilities a high level of energy efficiency shall mean the combined recovery and use of heat and power.

 

For incineration and co-incineration facilities, the energy efficiency is equal to or above:

– 0.40 for installations in operation and permitted in accordance with applicable Community legislation before 1 January 2009,

– 0.50 for installations permitted after 31 December 2008 and before 1 January 2013,

- 0.60 for installations permitted after 31 December 2012,

 

Energy efficiency = (Ep -( Ef + Ei)) / (0.97 x (Ew + Ef))

Ep means annual energy produced as heat or electricity. It is calculated with energy in the form of electricity being multiplied by 2.6 and heat produced for commercial use multiplied by 1.1 (GJ/year)

Ef means annual energy input to the system from fuels contributing to the production of steam (GJ/year)

Ew means annual energy contained in the treated waste calculated using the lower net calorific value of the waste (GJ/year)

Ei means annual energy imported excluding Ew and Ef (GJ/year)

0.97 is a factor accounting for energy losses due to bottom ash and radiation.

Justification

If the exemptions to this permit obligation can only be allowed when rules have been set that comply with article 7. So it is only natural that the permits themselves also comply with article 7.

The use of the word “energy recovery” should be avoided because this could imply that high energy efficiency is only applicable in R1 installations. Also D 10 incinerators should strive for high energy efficiency.

Input/output mass flow accounts should be established, to ensure transparency and enable comparisons of the efficiency of different processes and expose `sham-recovery´(very low efficiency) operations.

The Waste Incineration Directive requires all incinerators to recover energy `as far as practicable´. The Waste Incineration IPPC BREF specifies that for municipal waste incineration this should mean the recovery of energy through the production of both heat and electricity. The efficiency of the energy recovery is defined in a similar way as the Commission has proposed in Annex II, but with a longer implementation period.

Amendment58

Article 19 a (new)

 

Article 19a

 

Permit requirements

 

All hazardous waste treatment installations shall be subject to a permit requirement in accordance with Directive 96/61/EC.

 

Without prejudice to Directive 96/61/EC, a permit application to the competent authorities shall include a description of the planned measures intended to ensure that the plant is designed, equipped and operated in a manner in keeping with the waste categories treated and their related risks.

 

The permit issued by the competent authorities shall state:

 

- the amounts and the categories of hazardous waste treated;

 

- the technical characteristics of the waste treatments providing optimum environmental protection and guaranteeing a high level of safety.

 

When the operator of a non-hazardous waste treatment plant is envisaging a change of operation which would involve hazardous waste, this shall be regarded as a substantial change within the meaning of Article 2(10)(b) of Directive 96/61/EC, and Article 12(2) of that Directive shall apply.

Amendment 59

Article 20

Article 19(1) of this Directive shall not apply in the case of an establishment or undertaking which has obtained a permit under Directive 96/61/EC.

Article 19 (1) of this Directive shall not apply in the case of an establishment or undertaking which has obtained a permit under Directive 96/61/EC, provided that the permit includes all the elements listed in Article 19 (1).

Justification

IPPC permits can only be accepted instead of specific permits as laid down in Article 19 if all the elements given in Article 19 are included to avoid loopholes.

Amendment 60

Article 21

The Commission may, in accordance with the procedure referred to in Article 36(2), adopt minimum standards for permits designed to ensure that the waste is treated in an environmentally sound manner.

The Commission shall, if appropriate, make proposals for individual Directives laying down minimum standards for permits designed to ensure that the waste is treated in accordance with the objectives set out in Article 7.

 

Member States may set higher standards for permits on the basis of a national assessment of needs and the principle of proportionality and in accordance with the Treaties.

Justification

This is another example where the Directive leaves to commitology issues which should be the subject of a Commission proposal to the Parliament and Council. This is a framework directive. If there is a need to supplement it with specific rules to cover particular activities then that should be done by means of individual Directives. The Waste Thematic Strategy proposes that minimum standards will be applied to selected recovery operations. This suggests that this is exactly the type of case where a Framework Directive should be supplemented by means of an individual Directive, as is currently the case under article 2(2) of the existing Directive 75/442/EC.

Amendment 61

Article 21 a (new)

Article 21a

Supplemental measures

 

By ... * the Commission shall draw up a report with a view to considering measures that may contribute to achieving the fulfilment of the objective set out in Article 1 more effectively. The report shall be submitted to the European Parliament and to the Council within six months of its completion, accompanied by proposals as appropriate.

 

The report shall in particular consider:

 

(a) whether Annex II should be amended in order to:

 

(i) omit cases where listed operations do not lead to a sufficiently high proportion of the waste serving a useful purpose to be consistent with the objective set out in Article 1,

 

(ii) identify cases where the proportion of waste being used as opposed to that which is disposed of as part of a recovery operation should be specified in order to ensure that the objective set out in Article 1 is met,

 

(iii) specify a different energy efficiency level or levels in relation to recovery operation R1,

 

(iv) adapt any references in the light of technical and scientific progress;

 

 

(b) whether Annex I should be amended in order to:

 

(i) add any operations omitted from Annex II,

 

(ii) adapt any references in the light of technical and scientific progress; and

 

 

(c) whether specifying minimum standards for particular disposal or recovery operations will contribute to the objectives set out in Article 7.

 

 

The requirement for this report will not prevent the Commission from coming forward with any proposals in the meantime.

 

 

___________

* Two years after the entry into force of this Directive.

Justification

The proposal includes numerous references to the commitology procedure which leaves several important areas subject to amendment without proper scrutiny. This amendment would remedy this by requiring the Commission to report on several important areas with the intention that they would then be in a position to come forward with new proposals for the Parliament and Council to consider. The Commission must have in mind specific proposals already for the areas where it has proposed commitology procedures and it should therefore be in a position to bring these forward quickly. This should not prevent change in the interim, as the amendment makes clear that the Commission can come forward with its own proposals in the interim.

Amendment 62

Article 25, paragraph 1, subparagraph 2

Those establishments or undertakings shall comply with certain minimum standards.

Those establishments or undertakings shall comply with certain registration requirements.

Justification

Imposing minimum standards implies that each Member State would be free to impose additional requirements. This is undesirable, in the interests of harmonisation. Formulating registration requirements will have the effect that the same qualitative requirements apply in each Member State to the establishments and undertakings referred to in paragraph 1.

Amendment 63

Article 25, paragraph 2, subparagraph 1 a (new)

 

Where possible, existing records held by the competent authority will be used to obtain the relevant information for this registration process in order to minimise bureaucracy.

Justification

The necessary Registration for simple exempt activities should be simplified as much as possible to minimise bureaucratic/administrative burden on both the competent authority and establishments/undertakings.

Amendment 64

Article 25, paragraph 3

3. The Commission shall, in accordance with the procedure referred to in Article 36(2), adopt the minimum standards referred to in the second subparagraph of paragraph 1.

3. The Commission shall, in accordance with the procedure referred to in Article 36(2a), and in consultation with industry, adopt the registration requirements referred to in the second subparagraph of paragraph 1.

Justification

The amendment is needed to align the text to the provisions of the new 'commitology' Decision, and in particular to replace the ordinary 'regulatory committee' procedure with the 'regulatory committee with scrutiny', since the measures concerned are measures of general scope designed to amend non-essential elements of the draft legislation.

(AM\629709 am 501, just)At present there are various differences in the ways in which the Member States register establishments and undertakings as referred to in Article 25(1). These differences are often seen as obstacles to operating in more than one Member State. An unambiguous, uniform registration system devised in consultation with industry and above all mutual acceptance of the various registers will ensure the desired harmonisation.

Amendment 65

Article 25, paragraph 4

4. Member States shall ensure that the system of waste collection and transport within their territory ensures that the waste collected and transported is delivered to appropriate treatment installations respecting the obligations in Article 7.

4. Member States shall ensure that the system of waste collection, transport within their territory and transboundary shipments ensures that the waste collected and transported is delivered to appropriate treatment installations respecting the obligations in Article 7.

 

For all waste shipments the provisions of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 20061 shall apply.

 

1 OJ L 190, 12.7.2006, p. 1.

Justification

Member States should ensure that the obligations of article 7 are fulfilled, not only when collecting and transporting waste within the territory, but also when allowing or permitting transboundary shipments of waste.

For clarity it is good to refer to the legislation on waste shipment.

Amendment 66

Article 26, paragraph 3

3. The waste management plans shall contain at least the following:

3. The waste management plans shall contain all the information necessary to fulfil the obligation in paragraph 2 and to enable competent authorities, establishments and undertakings to act so as to give effect to the plan. The Commission shall, as appropriate, provide guidelines for waste management planning.

 

The waste management plans shall contain at least the following:

(a) the type, quantity and origin of waste generated as well as waste likely to be treated from outside the national territory;

(a) the type, quantity and origin of waste generated as well as waste likely to be treated that has originated outside the national territory;

(b) general technical requirements, including collection schemes and treatment methods;

(b) collection schemes and treatment methods;

(c) any special arrangements for waste streams that pose specific policy, technical or waste management problems;

(c) any special arrangements for waste streams, including those addressed by specific Community legislation;

(d) an identification and assessment of existing disposal and major recovery installations as well as historical contaminated waste disposal sites and measures for their rehabilitation;

(d) an identification and assessment of existing disposal and major recovery installations as well as historical contaminated waste disposal sites and measures for their rehabilitation;

(e) sufficient information in the form of criteria for site identification, to enable the competent authorities to decide whether to grant authorisation or not for future disposal or major recovery installations;

(e) sufficient information in the form of criteria for site identification, to enable the competent authorities in the Member States to decide whether to grant authorisation or not for future disposal or major recovery installations;

(f) the natural or legal persons empowered to carry out the management of waste;

 

(g) financial and organisational aspects related to the management of waste;

(g) general waste management policies, including planned waste management technologies and methods.

(h) an assessment of the usefulness and suitability of particular economic instruments in tackling various waste problems, taking into account the need to maintain the smooth functioning of the internal market.

 

Amendment 67

Article 26, paragraph 3 a (new)

 

3a. Member States may take the action necessary to prevent movements of waste that are not in accordance with their waste management plans. They shall inform the Commission and the other Member States of such action.

Justification

It is important that Member States include in their waste management plans information as to why certain cross-border waste shipments do not meet the required conditions.

Amendment 68

Article 28

Article 28

Implementing measures

The Commission shall, in accordance with the procedure referred to in Article 36(2), adopt the format for notification under Article 26(5).

deleted

Justification

Waste planning should be done by local communities finding effective ways to manage their waste. Local communities should be able to decide what their plans look like and what format is most helpful for them .

Amendment 69

Article 29

Member States shall establish, in accordance with Article 1, waste prevention programmes no later than [three years after the entry into force of this Directive].

1. Member States shall establish, in accordance with Article 1 and Article 4a, waste prevention programmes no later than [18 months after the entry into force of this Directive].

 

These programmes and the measures therein should, as a minimum requirement, aim for the stabilisation of waste generation by 2012 and further significant reductions in generation by 2020.

Such programmes shall either be integrated into the waste management plans provided for in Article 26, or shall function as separate programmes. They shall be drawn up at the geographical level most appropriate for their effective application.

Such programmes shall either be integrated into the waste management plans provided for in Article 26, or shall function as separate programmes. They shall be drawn up at the geographical level most appropriate for their effective application.

2. Member States shall ensure that stakeholders and the general public have the opportunity to participate in the elaboration of the programmes, and have access to them once elaborated, in accordance with Directive 2003/35/EC.

2. Member States shall ensure that local and regional authorities are involved in the preparation of the programmes and that stakeholders and the general public have the opportunity to participate in the elaboration of the programmes, and have access to them once elaborated, in accordance with Directive 2003/35/EC.

 

2a. The Commission shall create a system to share information on best practice regarding waste prevention.

Justification

18 months should be enough time to adopt the first waste prevention programmes. Assuming entry into force in December 2007 this translates into approximately June 2009 (enough time to take into account the common indicators developed at EU level and the measures to achieve intermediate objectives set for 2012).

Even if integrated into the waste management plans, the programmes should be clearly distinguishable to ensure they can be assessed independently, and to ensure that prevention policies are given the necessary priority attention alongside general waste management planning.

Local and regional authorities are key players in the implementation of waste prevention measure and must be associated to the drawing up of waste prevention programmes.

This system would allow authorities to take inspiration from effective measures taken in another Member State.

Amendment 70

Article 30

Article 30

deleted

Content

 

1. In their programmes, Member States shall set waste prevention objectives and shall assess opportunities of taking measures as set out in Annex IV.

 

Such objectives and measures shall be designed to break the link between economic growth and the environmental impacts associated with the generation of waste.

 

2. Member States shall determine specific qualitative and quantitative targets and indicators for any measure or combination of measures adopted in order to monitor and assess the progress of individual measures.

 

Amendment 71

Article 31

Member States shall regularly evaluate the waste prevention programmes, and as a minimum before submitting their reports in accordance with Article 34(1).

Member States shall regularly evaluate the waste prevention programmes, and as a minimum revise them at least every 5 years. The European Environment Agency shall include a review of progress in the completion and implementation of such programmes in its annual report.

Justification

The EEA needs to be brought into play to help the Commission and Parliament find out what is going on continuously on the ground. Member States can easily evade surveillance by simply delaying the submission of their reports to the Commission. According to Directive 91/692/EEC, Member States had to submit their periodic reports on the existing Waste Framework Directive by 30 September 2004. By 31 December 2004, only 9 had done so. They were Germany, Denmark, Greece, Finland, Portugal, Sweden, the Czech Republic, Slovenia and Slovakia.

Amendment 72

Article 31, paragraph 1 a and b (new)

The Commission shall, following consultation of the Consultation Forum established in Article 36a, develop guidelines for evaluation of the waste prevention programmes, including the indicators as laid down in Article 4a .

 

The Commission shall, on the basis of these guidelines and in cooperation with the relevant authorities, undertake an evaluation of the programmes.

Within 18 months of the end of the 5-year period covered, it shall provide an assessment report on the contribution of programmes to the objectives and targets laid down in this Directive.

Justification

Evaluation and standardisation of the information collected is necessary to asses progress in general and whether the measures proposed in prevention programmes meet the objectives and targets set.

In order to avoid additional formal reporting requirements the regular task of data collection can be placed on the European Environment Agency or another body such as the Joint Research Centre in order to provide appropriate evaluation using indicators to be set by 2008 in cooperation with the competent national authorities and stakeholders. On the basis of this evaluation the responsible agency should provide the Commission with an assessment report.

Amendment 73

Article 31 a (new)

 

Article 31a

Reporting on plans and programmes

 

Taking into account the evaluations performed, the Commission shall report to the European Parliament and the Council, no later than 2 years after each 5-yearly revision of the plans and programmes foreseen in Articles 31 and 26, on the effectiveness of the measures taken therein.

On the basis of this report the Commission will present further measures, other than those foreseen in Article 4a, if appropriate.

Justification

On the basis of the evaluations the Commission should also provide a timely report to the European Parliament and the Council and, if necessary, propose further measures in addition to those already foreseen in article 4a and the EU action plan. This ensures that Parliament is regularly involved in assessment of the progress and sufficiency of the measures established in this Directive.

Amendment 74

Article 33

1. Establishments or undertakings referred to in Article 19(1), producers of hazardous waste and establishments and undertakings which collect or transport hazardous waste shall keep a record of the quantity, nature, origin, and, where relevant, the destination, frequency of collection, mode of transport and treatment method foreseen in respect of the waste and make that information available, on request, to the competent authorities.

1. Establishments or undertakings referred to in Chapter V, section 1, producers and retailers of waste and establishments and undertakings which collect or transport waste shall keep a chronological record of the waste quantities going in and out, their nature and sectoral and geographical origin, and, where relevant, the destination, frequency of collection, mode of transport and treatment method foreseen in respect of the waste and make that information available, on request, to the competent authorities.

2. For hazardous waste, the records shall be preserved for at least three years except in the case of establishments and undertakings transporting hazardous waste which must keep such records for at least 12 months.

2. For hazardous waste, the records shall be preserved for at least five years.

Documentary evidence that the management operations have been carried out shall be supplied at the request of the competent authorities or of a previous holder.

Documentary evidence that the management operations have been carried out shall be supplied at the request of the competent authorities or of a previous holder.

 

Member States shall ensure that the national competent authorities keep a register of all establishments and undertakings referred to in Chapter V, section 1 and may require those establishments and undertakings to provide reports.

 

Member States may also require producers of non-hazardous waste to comply with the provisions of this Article.

Justification

Input/output waste streams should both be registered so that controls can be done more efficiently. A period of 12 months is too short for inspection purposes.

Not only the hazardous waste but also non-hazardous waste production should be registered otherwise we cannot fulfil reporting obligations on amounts of waste produced.

As regards the recording of hazardous waste treatment operations, the provisions of this article should be extended to cover retailers and the records’ retention periods.

In order to monitor the impact of measures to prevent the generation of waste it is important that statistics to be compiled on waste should include information on the origin of waste, meaning both its sectoral origin and its geographical place of origin.

In order to ensure the traceability of, and controls on, waste streams and to meet reporting requirements, a requirement to include all parties in a register held by the national authorities should be laid down and the possibility of requiring reports or summaries (input/output accounts) to be submitted should be provided for.

Requirements for producers of non-hazardous waste to keep records exist under the current law (see Article 14 of the framework directive), and such requirements are laid down by the Member States. For example, old electrical appliances, which largely do not comprise hazardous waste, have to be handled in accordance with the rules. Record keeping is an essential prerequisite for checking that conveyance and treatment are carried out in accordance with the rules.

Amendment 75

Article 34

1. At intervals of three years Member States shall inform the Commission of the implementation of this Directive, in the form of a sectoral report.

1. At intervals of four years Member States shall inform the Commission of the implementation of this Directive, in the form of a sectoral report.

The report shall be drawn up on the basis of a questionnaire or outline established by the Commission in accordance with the procedure referred to in Article 6 of Directive 91/692/EEC. The report shall be made to the Commission within nine months of the end of the three year period covered by it.

The report shall be drawn up on the basis of a questionnaire or outline established by the Commission in accordance with the procedure referred to in Article 6 of Directive 91/692/EEC. The report shall be made to the Commission within nine months of the end of the three year period covered by it.

Member States shall include in these reports information on their progress in the implementation of their waste prevention programmes.

Member States shall include in these reports, inter alia, specific information on extended producer responsibility schemes and their progress in the implementation of their waste prevention programmes and the achievement of the waste prevention objectives as laid down in Article 4a.

In the context of the reporting obligations, data shall be collected on catering waste, enabling the establishment of rules on its safe use, recovery, recycling and disposal.

In the context of the reporting obligations, data shall be collected on catering waste, enabling the establishment of rules on its safe use, recovery, recycling and disposal.

2. The Commission shall send the questionnaire or outline to the Member States six months before the start of the period covered by the report.

2. The Commission shall send the questionnaire or outline to the Member States six months before the start of the period covered by the report.

3. The Commission shall publish a Community report on the implementation of this Directive within nine months of receiving the reports from the Member States in accordance with paragraph 1.

3. The Commission shall publish a Community report on the implementation of this Directive within nine months of receiving the reports from the Member States in accordance with paragraph 1. The Commission shall also publish an evaluation report on the appropriateness of introducing more extended producer responsibility schemes for specific waste streams at EU level.

4. In the first report that intervenes five years after the entry into force of this Directive the Commission will review the implementation of the Directive and will present a proposal for revision if appropriate.

4. In the first report that intervenes five years after the entry into force of this Directive the Commission will review the implementation of the Directive and will present a proposal for revision if appropriate.

Justification

The interval for the submission of sectoral reports should be synchronised with the intervals for the revision of waste prevention programmes and waste management plans.

In article 8 there is the reference to EPR schemes and here is the place to guarantee that the Commission receives all information to assess the opportunities of introducing extended producing responsibilities for new waste streams, based on Member States experiences.

Given the overarching objective of prevention, it is important to clarify that Member States should report specifically on the achievement of the waste prevention objectives.

Amendment 76

Article 35

The Commission shall, in accordance with the procedure referred to in Article 36(2), adopt the amendments necessary for adapting the Annexes to scientific and technical progress.

The Commission shall, in accordance with the procedure referred to in Article 36(2), adopt the amendments necessary for adapting Annexes III and IV to scientific and technical progress.

Justification

This is necessary if the Parliament is to restrict resort to the commitology procedure.

Amendment 77

Article 35 a (new)

 

Article 35a

Sanctions for non-compliance

Member States shall lay down the provisions on penalties applicable for infringement of the provisions of this Directive, in particular with regard to Article 16, and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commission no later than …* and shall notify it without delay of any subsequent amendment affecting them.

 

* 24 months after entry into force of this Directive.

Justification

In line with other framework legislation (e.g. water framework directive) or other waste legislation (e.g. directive on waste electrical and electronic equipment), the waste framework directive should also provide for sanctions for non-compliance. The wording here has been taken verbatim from the common position on REACH, with the addition of a specific reference to Article 16 for which sanctions are of particular relevance.

Amendment 78

Article 36, paragraph 2 a (new)

2a. Where reference is made to this paragraph, Article 5a (1) to (4) and Article 7 of Decision 1999/468/EC shall apply.

Justification

The amendment is needed to align the text to the provisions of the new 'commitology' Decision, and in particular to include the 'regulatory committee with scrutiny', since some the measures concerned are measures of general scope designed to amend non-essential elements of the draft legislation.

Amendment 79

Article 36, paragraph 3 a (new)

3a. When adopting measures in accordance with this Article, the Commission shall:

 

(a) carry out appropriate consultation with stakeholders;

 

(b) provide a clear timetable;

 

(c) ensure the harmonisation of the rules of procedure for all commitology processes provided for in this Directive;

 

(d) ensure the enforceability of the procedure;

 

(e) ensure public access to procedural documents;

 

(f) if necessary, conduct an environmental and market impact study of the planned measure.

Justification

Reinstates amendment 35 by the rapporteur, with the addition of the requirement for an impact assessment if necessary.

Amendment 80

Article 36 a (new)

 

Article 36a

Waste Management Consultation Forum

 

1. The Commission shall set up a Consultation Forum on waste management.

 

2. The task of the Consultation Forum shall be to supply the Commission with opinions, either at the request of the Commission or on its own initiative:

 

(a) on the formulation of a policy on waste management, having regard to the need to ensure the best use of resources, the prevention of waste generation and the environmentally sound management of waste;

 

(b) the different technical, economic, administrative and legal aspects concerning waste management;

 

(c) the implementation of Community legislation on waste management including plans, programmes and reporting on progress, and the formulation of fresh proposals for legislation in this area.

 

3. The Consultation Forum shall be composed, in a balanced way, of Member States' representatives and all interested groups concerned with waste management issues, such as industry, including SMEs and craft industry, trade unions, traders, retailers, environmental protection groups and consumer organisations.

 

4. The Consultation Forum shall meet at least three times a year.

It shall be convened by the Commission. The Commission shall chair the meetings.

If appropriate, ad hoc working groups may be convened and meet more frequently.

 

5. The Commission shall adopt the internal rules of the Consultation Forum.

Justification

It is crucial to establish a proper Forum for the purposes of implementing the Directive, as has been done in other environmental policy fields such as Air and Water. This EU level forum, essentially a Waste Management and Implementation Consultation Committee, should include both Member State competent bodies and stakeholders and should be used also for specific duties of scrutiny and to participate in the development of implementing measures as far as possible and relevant.

Amendment 81

Annex I, point D 7

D 7 Release into seas/oceans including sea-bed insertion

deleted

Justification

Releasing or dumping of waste into the sea should be prohibited because it is unsafe in the long term.

Amendment 82

Annex I, point D 11

D11 Incineration at sea

deleted

Justification

The OSPAR Convention bans incineration at sea from the date that the European Community became a signatory to it – 7 October 1997.

Amendment 83

Annex II, point R1

R1 Use principally as a fuel or other means to generate energy.

R1 Use principally as a fuel or other means to generate energy.

This includes incineration facilities dedicated to the processing of municipal solid waste only where their energy efficiency is equal to or above:

 

– 0.60 for installations in operation and permitted in accordance with applicable Community legislation before 1 January 2009,

 

– 0.65 for installations permitted after 31 December 2008,

 

Energy efficiency .= (Ep -( Ef + Ei)) / (0.97 x (Ew + Ef))

 

Ep means annual energy produced as heat or electricity. It is calculated with energy in the form of electricity being multiplied by 2.6 and heat produced for commercial use multiplied by 1.1 (GJ/year)

 

Ef means annual energy input to the system from fuels contributing to the production of steam (GJ/year)

 

Ew means annual energy contained in the treated waste calculated using the lower net calorific value of the waste (GJ/year)

 

Ei means annual energy imported excluding Ew and Ef (GJ/year)

 

0.97 is a factor accounting for energy losses due to bottom ash and radiation.

 

Justification

The Commissions proposal to reclassify municipal waste incinerators based on their energy efficiency does not recognise that installations dedicated to handling mixed wastes with a variable and unpredictable composition should be primarily concerned with the proper environmental treatment (mineralisation) of that waste and controlling emissions. Energy (and heat) recuperation should remain a secondary consideration. The energy efficiency formula as the sole criteria for municipal solid waste incineration plants being classified as recovery is not coherent with the multi-criteria approach to the definition of recovery and the primary environmental concern of controlling emissions.

Amendment 84

Annex II, point 9 a (new)

 

R 9a. Other recovery activities for the production of secondary products, materials and substances

Justification

The amendment aims in clarifying the situation where recovery constitutes of several consecutive steps. Such recovery chain of several industries is usual in Europe.

Amendment 85

Annex II, point R 11 a (new)

R 11 Use of wastes obtained from any of the operations numbered R 1 to R 10

R 11 Recovery of energy from landfill gas

Justification

Modern engineered landfills can be effective bio-generators through the conversion of landfill gas to energy. Optimisation of this form of energy recovery should be encouraged through recognition in the Directive. Whereas modern flare technologies can achieve most of the objectives of gas management such as odour control, destruction of toxic constituents and low pollutant emissions, landfill gas to energy provides the additional benefit of displacing non-renewable fossil fuels that would be used to generate the same of amount of energy elsewhere.

Amendment 86

Annex II, point R 11 a (new)

R 11a. Use of wastes for construction, technical, safety or ecological purposes for which other materials would otherwise have been used

Justification

In order to promote the sustainable use of resources, the list of recovery operations contained in Annex II B should be updated, taking account of Court of Justice case law and technical developments.

Amendment 87

Annex II, point R 13 a (new)

R 13a. Use of materials obtained from any of the operations numbered R 1 to R 10.

Justification

The amendment aims at clarifying the situation where recovery is made up of several consecutive steps and for example the recycling is completed after (intermediate) recovery operations where the legal waste status has already been changed. Such recovery chain of several industries is usual in Europe.

Amendment 88

Annex II, point R 13 b (new)

R 13b. Re-use of products and components that have become waste.

Justification

Linked to part of an amendment by the same authors to Recital 11.

Re-use of products or components is different from the reclamation of certain materials and should be listed explicitly in the Annex on recovery operations. As such an additional entry is needed in Annex II.

Amendment 89

Annex II a (new)

 

ANNEX IIa

Applications for which wastes can be used as a secondary product, material or substance

 

- Use in or as a fertiliser or as a soil-improving substance

- Use in or as a building material,

- Use as soil

Justification

Amendment is linked with amendment to Article 11, 'the secondary products, materials and substances are to be used in one of the applications listed in annex IIa'.

Amendment 90

Annex III, points H13 and H14

H13 Substances and preparations capable by any means, after disposal, of yielding another substance, e.g. a leachate, which possesses any of the characteristics listed above.

H14 Substances and preparations capable by any means, after disposal, of yielding another substance, e.g. a leachate, which possesses any of the other characteristics listed above.

H14 ‘Ecotoxic’: substances and preparations which present or may present immediate or delayed risks for one or more sectors of the environment.

H13 ‘Ecotoxic’: substances and preparations which present or may present immediate or delayed risks for one or more sectors of the environment.

Justification

This amendment is necessary to align the order of the list of properties of wastes which render them hazardous with international law, notably the Basel Convention. The criterion H 13 is very important, as it includes hazardous properties that occur after disposal. As the criterion H13 refers to any of the characteristics listed 'above', in the current order, the property 'ecotoxic' is excluded from consideration. In line with the Basel Convention, the order should be inverted so that the property ' ecotoxic' is also considered after disposal, e.g. in a leachate.

Amendment 91

Annex IV, point 3 a (new)

3a. Member States shall notify the Commission of products which are eligible for EU-wide product comparisons, with prevention of waste as the central concern.

Justification

If manufacturers/importers market the least environmentally damaging materials, this will make a significant contribution to the objective of this directive. The choices made by manufacturers/importers should be inspired by indicators which represent the environmental damage caused by various materials.

Amendment 92

Annex IV, point 3 b (new)

 

3b. The specification of criteria for eligibility of both EU and non-EU countries for Structural and Regional funding of projects in order to give priority to waste prevention – in particular the use of BAT and cleaner production benchmarks.

Amendment 93

Annex IV, point 3 c (new)

 

3c. Encouragement by Member States of selective collection systems, with a view to ensuring that domestic waste is collected in compliance with the quality standards in the relevant sectors.

Amendment 94

Annex IV, subtitle 2

Measures that can affect the design and production phase

Measures that can affect the design, production and distribution phase

Justification

Distributors should not be forgotten as an important actor. Consumer behaviour is important issue to be tackled in the prevention programs.

Amendment 95

Annex IV, point 7

7. The inclusion of measures to prevent waste production at installations not falling under Directive 96/61/EC. Where appropriate, such measures could include waste prevention assessments or plans.

7. The inclusion of measures to prevent waste production at installations not falling under Directive 96/61/EC. Such measures could include waste prevention assessments or plans.

Justification

See justification to Annex IV, subtitle 2.

Amendment 96

Annex IV, point 9

9. The use of voluntary agreements, consumer/producer panels or sectoral negotiations in order that the relevant businesses or industrial sectors set their own waste prevention plans or objectives or correct wasteful products or packaging.

9. The use of legislation, voluntary agreements, consumer/producer panels or sectoral negotiations in order that the relevant businesses or industrial sectors set their own waste prevention plans or objectives or correct wasteful products or packaging.

Justification

see justification to Annex IV, subtitle 2.

Amendment 97

Annex IV, point 11

11. Economic instruments such as incentives for clean purchases or the institution of an obligatory payment by consumers for a given article or element of packaging that would otherwise be provided free of charge.

11. Economic instruments such as incentives for clean purchases or the institution of an obligatory payment by consumers for a given article or element of packaging that would otherwise be provided free of charge or at a lower price.

Justification

See justification to Annex IV, subtitle 2.

  • [1]  OJ C ... / Not yet published in OJ.

EXPLANATORY STATEMENT

This Directive carries forward the debate begun by the first EU Waste Directives in the 1970s and given greater focus by the Landfill Directive of 1999. The questions for our times are how do we reduce the amount of waste that our increasing prosperity encourages us produce, and how do we now need to change our policies so that we deal with waste primarily as a resource from which value can be extracted, rather than as a residue that can only be stored in a landfill.

Given the number of Court of Justice cases that have arisen on the interpretation of EU waste law to date, the first thing we should try to ensure is that whatever law we finally adopt establishes certainty - about definitions and policy intentions. This is why the committee has suggested a number of additions to Article 3 and a consolidation there of definitions appearing elsewhere in the Directive.

The rapporteur has received many representations about the need for the Directive to contain a reference to the waste hierarchy in its fullest - 5 stage - form. It is important to remember that the hierarchy has no legal force. However stating it sends out a signal about priorities and, in the case of this directive, resolves what is rather a confusingly drafted Article (Article 1). It is, however, immediately clear that allowance must be made for departures from the hierarchy when conditions demand it. The question is: what conditions? The committee's suggestions are contained in the last part of the amendment to Article 1. There seems to be a consensus that departures should be based on life-cycle thinking/analysis/assessment, and a cost-benefit analysis has to fit in there somewhere. The question is how rigorous a clearance/ approval on this basis would have to be: would a Member State operate clearance procedures on a case-by-case basis? Would there be a reference to the Commission each time? Perhaps, the best course - or at least one suggestion - is contained in the committee's idea that the Commission might establish guidelines as to how life cycle analysis might work.

Then there is the question of what happens next. We need further action to determine which waste streams will be covered by the provisions of Article 11 and moved from categorisation as waste to classification as a product. The committee's amendment to Article 11, new paragraph 3a, sets out an agenda for future action by the Commission.

On the question of procedure, the rapporteur concludes that there is far too great a reliance in the directive on the use of the commitology process, as set out in Council Decision 1999/468/EC. The Directive contains 11 references in various articles to decisions that are to be referred to the commitology process. But a distinction needs to be made between using commitology for technical adaptations, and misusing it to take decisions of a more general, highly political nature, that are best taken through the codecision process. For this reason, it is suggested that we move to the codecision procedure in article 5 (to establish efficiency criteria), in Article 11 (to establish criteria for when waste becomes a product) and in Article 21 (minimum standards for permits.)

Changes to the Commitology process are certainly under discussion but the rapporteur is not optimistic that they will add up to more powers for MEPs to veto a decision, or to more involvements by outside interests. It suits the Member States and Commission to keep the process as closed as possible. That is why we must resolutely resist its inappropriate encroachment on democratic decision taking.

The Directive encompasses the existing directives on hazardous waste and waste oils. The rapporteur considers that it does this adequately and safely: she would be resistant to reversing the process of simplification to re-build these directives in their entirety. One amendment to article18 in the direction of the promotion of waste oil regeneration has however been included.

The question of what will qualify under the Directive as a recovery process and what will qualify as a disposal process is a vital one. The Directive introduces a qualification based on efficiency criteria in article 5. The criteria are set out in Annex II, section R1. Neither the Directive, nor the thematic strategy nor the impact assessment attached to it gives any details at all of the likely economic and social impact of the application of these criteria. Yet they are vital: an incinerator that qualifies as a recovery operation can deal with imported waste, and can be part of a strategy for meeting recovery targets in such EU legislation as the packaging Directive. An incinerator that qualifies as a disposal operation has no such options. Given the short time scale before the new standards are supposed to apply, it seems unlikely that existing operators could adjust their processes in time. The new criteria are highly likely to cut across existing contracts and may damage jobs and local authority waste plans.

Evidence from France suggests that out of a total of 85 existing plants, only 14 could satisfy the recovery criteria chosen. It cannot be right that at a time when the air is thick with suggestions for making impact assessment more efficient, we should miss such an assessment out completely on this crucial aspect of the Directive.

Finally, the Directive contains two sets of proposals for waste plans and programmes. The committee's amendments retain the overall objective of encouraging planning for waste plans and prevention programmes. But the changes proposed make the detailed requirements less bureaucratic and better matched, in tune with the principle of subsidiarity, with differing local conditions. We should also ask what precisely the Commission is going to do with the plethora of plans and programmes that it will now have to monitor. Such continuous monitoring is better left to the work of the European Environment Agency. The Agency is not mentioned in the Directive but should surely play a key role in ensuring that Member States are broadly in step with each other in the war against waste and for the better use of resources.(COD)

OPINION of the Committee on Industry, Research and Energy (15.9.2006)

for the Committee on the Environment, Public Health and Food Safety

on the proposal for a directive of the European Parliament and of the Council on waste
(COM(2005)0667 – C6‑0009/2006 – 2005/0281(COD))

Draftswoman: Cristina Gutiérrez-Cortines

SHORT JUSTIFICATION

The revision of directive 75/442/EEC which has been submitted to Parliament undoubtedly seeks to update some aspects, such as introducing environmental objectives and remedying shortcomings in the definitions and other concepts which, in the view of many sectors and experts, are one of the weak points of the previous directive.

In addition to these clearly stated objectives there are other proposals: (1) to simplify the current legal framework; (2) to propose repeal of Directive 75/439/EC on the disposal of waste oils and Council Framework Directive 91/689/EEC on hazardous waste. There is also a clear intention throughout the text not to perpetuate the hierarchies of waste and prioritisation which have been an essential feature of EU waste policy in previous decades.

This urge towards simplification is particularly worrying in the case of the directive on hazardous waste, a directive that society had accepted and applied with relative success. Its repeal could leave a vacuum without sufficient safeguards in one of the sectors most fraught with risks. If there is a proposal for prioritisation, we consider that this should be the first and clearest. With regard to waste oil, our proposal takes account of its usefulness and the need not to harm the existing industry and market.

The main reason to revise the legislation is the numerous judgments issued by the Court of Justice in Luxembourg against various countries for failure to transpose the European legislation, or their slowness in doing so, or what could be called an insufficient definition of the basic concepts in the previous directives. In effect, one of the innovations in this proposal is that new definitions have been drawn up in line with best practices. This concern is recognised by some of the Member States and sectors involved, which have serious misgivings about the definitions in Articles 3 and 5, fearing that once more the directive may generate legal uncertainty. This proposal, while seeking to remedy some deficiencies, has added others. For all the definitions, the reference text has been the definitions drawn up by the Court of Justice in its explanations of decisions.

Another innovation in this draft directive is the environmental impact of waste, including two assessments: risks posed by waste to health and the environment, and also the energy costs of recycling and recovery. Thus a new concept (the ‘life cycle’) has been introduced, which must be taken into account before decisions are taken on the alternatives which exist to deal with waste. The life cycle approach must specifically include assessment of energy costs. Although on paper the life cycle assessment is very ‘good’, and it seems logical to include energy costs in the decision-making process, the reality is much more complex, and it can become a particularly dangerous criterion. Therefore in one recital and article we call for a scientific study of the definition of the life cycle, and for diverse and flexible proposals depending on types of waste, territories, transport, calorific capacity, economic measures, etc and for the Member States to be responsible for carrying this out, since in each case they have expert knowledge of existing waste, costs and technical capacity.

The fundamental question in this directive is whether the priority should lie in recovery and recycling rather than disposal. A major industry and market for recycling and recovery has developed in Europe in the last 30 years and it seems logical that this new directive should not interfere with this process by giving priority to disposal. On the other hand, another view maintains that energy expenditure must be reduced, and the possibility of producing energy from waste obliges us to consider disposal as an alternative which in future could replace some recycling operations. Certainly we cannot forget that the main objective of this directive is to reduce as far as possible the risks associated with waste, prevent its creation and make the maximum possible use of resources and products, which means that the disappearance of previous or current waste dumps, and the recovery or removal of them is a priority. Consequently, the figures for energy recovery which should come from scientific studies in which each category of products is analysed, must be taken into account.

AMENDMENTS

The Committee on Industry, Research and Energy calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to incorporate the following amendments in its report:

Text proposed by the Commission[1]Amendments by Parliament

Amendment 1

Recital 2

(2) Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the sixth Community Environment Action Programme calls for development or revision of the legislation on wastes, including, inter alia, clarification of the distinction between waste and non-waste and development of adequate criteria for the further elaboration of Annexes IIA and IIB to Directive 75/442/EEC.

(2) Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the sixth Community Environment Action Programme calls for developing and implementing measures on waste prevention and management by, inter alia, developing a set of quantitative and qualitative reduction targets covering all relevant waste, to be achieved by 2010; encouraging ecologically sound and sustainable product design; the formulation of operational measures to encourage waste prevention, e.g. by stimulating re-use and recovery, the phasing out of certain substances and materials through product-related measures; the development or revision of the legislation on wastes, including, inter alia, construction and demolition waste, biodegradable wastes, clarification of the distinction between waste and non-waste and development of adequate criteria for the further elaboration of Annexes IIA and IIB to Directive 75/442/EEC.

Justification

The Commission cherry-picked only a few of the priority actions for the pursuit of the objectives laid down in Article 8 of the 6EAP on the sustainable use and management of natural resources and wastes. It is important to fully represent the priority actions of the 6EAP that are applicable here.

Amendment 2

Recital 6 a (new)

 

(6a) An analysis should be carried out of the life cycle of categories of products and materials, taking account of the novelty and complexity of that concept. The criteria should be economic and environmental, including factors such as transport, energy expenditure, technologies that may be used and their cost, from a purely scientific point of view. All those concerned – industry, public administrations and consumers – should participate in drawing up the criteria.

Amendment 3

Recital 10 a (new)

 

(10a) Waste legislation should aim at reducing the use of natural resources, and foster the application of the waste hierarchy.

Justification

Waste hierarchy should be the ground for waste policy as it is based on environmental considerations. Therefore to apply waste hierarchy leads to environmental gains, contribute to the efficient use of natural resources and the reduction of energy dependency, by promoting the minimization of waste production and the material recycling of wastes.

Amendment 4

Recital 17 a (new)

 

(17a) Member States should be free to invoke and apply the principles of proximity and self-sufficiency to waste destined for incineration with energy recovery, so as to allow for adequate planning of treatment capacity and to ensure that combustible waste produced within their territory is given access to national incineration facilities.

Amendment 5

Recital 18 a (new)

 

(18a) Hazardous waste is defined on the basis of risk and risk criteria, hence it must be regulated by means of strict specifications designed to prevent or to limit to the greatest possible extent the harmful effects which inappropriate management may have on the environment and to provide protection against risks to security and human health. On account of its hazardous properties, hazardous waste requires appropriate management involving suitable specific collection and treatment techniques, special checks and a traceability scheme. All hazardous-waste operators must have suitable skills, training and permits.

Justification

Hazardous waste is not just ordinary waste - it has its own special characteristics which should be spelt out in the interests of safety and legal clarity.

Amendment 6

Recital 20

(20) Since the priority given to regeneration in Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils no longer reflects a clear environmental benefit, that Directive should be repealed. However, as the separate collection of waste oils remains crucial to their proper management and the prevention of damage to the environment from their improper disposal, the collection obligation for waste oils should be integrated into the present Directive. Directive 75/439/EEC should therefore be repealed.

(20) The priority given to regeneration in Council Directive 75/439/EEC of 16 June 1975 should be maintained, despite the repeal of that directive. However, as the separate collection of waste oils remains crucial to their proper management and the prevention of damage to the environment from their improper disposal, the collection obligation for waste oils should be integrated into the present Directive. Directive 75/439/EEC is therefore to be repealed.

Justification

Repeal of the directive as part of the ‘better lawmaking’ policy does not imply that the aims it sought must not be maintained.

Amendment 7

Article 1

This Directive lays down measures with a view to reducing the overall environmental impacts, related to the use of resources, of the generation and management of waste.

1. This Directive lays down measures with a view to improving the sustainable use of resources and mitigating the environmental impacts of the generation and management of waste.

For the same purposes, it also makes provision whereby the Member States are to take measures, as a matter of priority, for the prevention or reduction of waste production and its harmfulness and, secondly, for the recovery of waste by means of re-use, recycling and other recovery operations.

2. It instructs the Member States to take measures, in descending order of priority, for:

(a) prevention or reduction of waste production;

(b) re-use of waste;

(c) recycling of waste;

(d) other recovery operations;

(e) disposal of waste.

 

3. On the basis of environmental criteria adopted at Community level, Member States may, after carrying out a life cycle analysis and an economic impact study for a relevant category of waste, take measures that derogate from the priorities established in paragraph 2.

 

4. Until such criteria are adopted and where an impact assessment indicates clearly that one of the treatments referred to in paragraph 2 shows a better record for a specific waste category, Member States may, in a similar manner, take measures that derogate from the priorities established in paragraph 2.

 

5. Responsibility for validating the results of the assessments referred to in paragraph 4 shall lie with the competent national authorities. The validated results shall be reported to the Commission and shall be the subject of a review in accordance with the procedure referred to in Article 36(2).

Or. en

Amendment 8

Article 1, paragraph 2 a (new)

 

Furthermore, it makes provision whereby Member States shall take the necessary measures to require that the production, collection and/or transport, storage and treatment of hazardous waste shall be carried out in conditions which allow optimum environmental protection and safety for operators, industrial plants and the general public.

Justification

Because specific attention needs to be paid to hazardous waste, it should be highlighted in a separate objective to be added to article 1. The objective proposed deals not only with environmental protection but also with health and safety.

Amendment 9

Article 2, introductory phrase

This Directive shall not cover gaseous effluents emitted into the atmosphere.

This Directive shall not cover

 

a) gaseous effluents emitted into the atmosphere,

 

b) the soil,

 

c) by‑products within the meaning of Article 3,

 

d) secondary raw material ( products, materials, substances) and

 

e) the process‑related use within the plant of production residues.

Justification

Industrial by‑products do not constitute waste and should therefore be excluded from the scope of this directive. Restructuring is necessary in order to adopt a systematic approach. In complex production processes it is, moreover, beneficial in terms of saving resources, both for economic and environmental reasons, for production residues that are generated on‑site to be used again in suitable production processes. Such substances or materials, which are used in a closed material cycle within a plant, never become waste.

Amendment 10

Article 2, paragraph 4 a (new)

 

4a. Specific rules governing particular cases, or supplementing the rules laid down in this Directive, concerning the management of particular categories of waste may be laid down by means of individual Directives.

Amendment 11

Article 2, paragraph 4 b (new)

 

4b. It shall not cover the use of sludge in accordance with Council Directive 86/278/EECof 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture1.

 

__________

1 OJ L 181, 4.7.1986, p. 6.

Justification

The recycling of sludge for agricultural use, after appropriate processing, should be exempted from this Directive since it is already covered by Council Directive 86/278/EEC on the protection of the environment, and in particular of the soil. That Directive covers the processing of sludge in such a way as to prevent any possible detrimental effects on soil, plants, animals and humans. Overlapping of the two Directives should be avoided.

Amendment 12

Article 3, point (c)

(c) ‘holder’ means the producer or the natural or legal person who is in possession of the waste;

(c) ‘holder’ means the natural or legal person who is in possession of the waste;

Justification

The holder must be the person who is in possession of the waste at the time, not its producer.

Amendment 13

Article 3, point (c a) (new)

 

(ca) ‘dealer’ means any person who acts in the role of principal in the purchase and subsequent sale of waste, including such dealers who do not take physical possession of the waste;

Amendment 14

Article 3, point (c b) (new)

 

(cb) ‘broker’ means anyone who arranges the recovery or disposal of waste on behalf of others, including such brokers who do not take physical possession of the waste;

Amendment 15

Article 3, point (d)

(d) ‘management’ means the collection, transport, recovery and disposal of waste, including the supervision of such operations and after-care of disposal sites;

(d) “management” means the collection, transport, treatment, recovery and disposal of waste, including the supervision of such operations and after-care of disposal sites;

Justification

Treatment is part of the waste management process and may be a separate operation to recovery and disposal.

Amendment 16

Article 3, point (e a) (new)

 

(ea) ‘prevention’ means any action that is taken before products or substances have become waste and is aimed at reducing the production of waste or its harmfulness, or the environmental impact of resource use in general;

Amendment 17

Article 3, point (g)

(g) ‘recycling’ means the recovery of waste into products, materials or substances whether for the original or other purposes. It does not include energy recovery;

(g) ‘recycling’ means a process which takes place after the production process and involves the recovery of waste, by means of disassembly, separation or other production processes, into products, materials or substances serving as secondary raw materials, whether for the original or other purposes. It does not include energy recovery;

Amendment 18

Article 3, point (g a) (new)

 

(ga) 'recovery' means any treatment operation that:

 

- results in the waste serving a useful purpose by replacing, whether in the plant or in the wider economy, other resources which would have been used to fulfil that function, or by being prepared for such a use;

 

- meets efficiency criteria on the basis of which it may be considered to have resulted in a useful purpose;

 

- ensures that the overall environmental impact is not worsened by the use of waste as a substitute for other resources;

 

- ensures that pollutants are not transferred during the process into the final product;

Amendment 19

Article 3, point (h)

(h) ‘mineral waste oils’ means any mineral-based lubrication or industrial oils which have become unfit for the use for which they were originally intended, and in particular used combustion engine oils and gearbox oils, mineral lubricating oils, oils for turbines and hydraulic oils;

(h) ‘waste oils’ means any lubrication or industrial oils which have become unfit for the use for which they were originally intended, and in particular used combustion engine oils and gearbox oils, lubricating oils, oils for turbines and hydraulic oils;

Justification

These days, waste oils comprise a mixture of mineral and synthetic oils and the definition should be adapted accordingly.

Amendment 20

Article 3, point (h b) (new)

 

(hb) ‘secondary raw materials’ means products, materials and substances recovered from waste which have market value;

Amendment 21

Article 3, point (i)

(i) 'treatment' means recovery or disposal.

(i) 'treatment' means recovery or disposal and preparation for recovery or disposal resulting in a change in the nature or composition of the waste.

Justification

Waste preparation which results in a change in the nature or composition of the waste is treatment and as a result part of waste management, so it needs to be included in the treatment definition. This wording is consistent with article 3 (b) on the producer definition.

Amendment 22

Article 3, point (i a) (new)

 

(ia) ‘agent’ means anyone who acts on behalf of another to buy and sell waste.

Justification

This retains the concept of someone who negotiates on behalf of someone else and is not necessarily in possession of the product.

Amendment 23

Article 4, paragraph 1

A list of wastes shall be established by the Commission, in accordance with the procedure referred to in Article 36(2).

 

The existing list of wastes in Commission Decision 2000/532/EC of 3 May 20011 shall be revised if necessary by the Commission, in accordance with the procedure referred to in Article 36(2).

 

------------------------------------------------

1 OJ L 226, 6.9.2000. Decision as last amended by Council Decision 2001/573/EC (OJ L 203, 28.7.2001, p. 18).

Justification

The list - which has been rendered necessary by the current directive - already exists. It has proved effective and it may need to be updated, but it does not need to be completely replaced

Amendment 24

Article 5, Title

Recovery

Recovery and residual waste minimisation

Justification

In order to act in accordance with the hierarchy, it is important to include the minimisation of residual waste that cannot be reused or recycled into the hierarchy.

Amendment 25

Article 5, paragraph 1

1. Member States shall take the necessary measures to ensure that all waste undergoes operations that result in it serving a useful purpose in replacing, whether in the plant or in the wider economy, other resources which would have been used to fulfil that function, or in it being prepared for such a use, hereinafter “recovery operations”. They shall regard as recovery operations at least the operations listed in Annex II.

1. Without prejudice to Article 1(2) and Article 6(1), Member States should take the necessary measures to ensure that all waste undergoes operations that result in it serving a useful purpose in replacing, whether in the plant or in the wider economy, other resources which would have been used to fulfil that function, or in it being prepared for such a use, hereinafter “recovery operations”. They shall regard as recovery operations at least the operations listed in Annex II.

Justification

Recovery needs to be done according to the waste hierarchy. There are a number of waste streams for which, for various reasons, recovery is not possible. Without a reference to Article 6(1), Member States would be obliged to recover all waste.

Amendment 26

Article 5, paragraph 1, subparagraph 1 a (new)

 

Further recovery operations may be added to the list of operations set out in Annex II, on the basis of a Commission proposal to the Council and the European Parliament.

Justification

The Commission should have a pro-active role in this area, so as to enable the list to be adapted in line with developments in technology.

Amendment 27

Article 6, paragraph 1, subparagraph 1

1. Member States shall ensure that, where recovery in accordance with Article 5(1) is not possible, all waste undergoes disposal operations.

1. Member States shall ensure that waste which has not been able to be recovered in accordance with Article 5(1) undergoes disposal operations.

Justification

There is no procedure capable of demonstrating that recovery is not possible. Further recovery is always possible if the economic and environmental costs are disregarded and if market prospects for the recovered material are ignored. Hence the disposal requirement must be imposed in respect of any waste which has not been able to be recovered.

Amendment 28

Article 6, paragraph 3

3. Where, despite substitution of resources taking place, the results of an operation indicate that, for the purposes of Article 1, it has only a low potential, the Commission may, in accordance with the procedure referred to in Article 36(2), adopt implementing measures adding that specific operation to the list set out in Annex I.

3. Where, despite substitution of resources taking place, the results of an operation indicate that, for the purposes of Article 1, it has only a low potential, this specific operation shall be added to the list contained in Annex I on a proposal from the Commission to the European Parliament and the Council in accordance with the procedure referred to in Article 21.

Justification

The purpose of this amendment is to apply the codecision procedure to a political issue and thereby to restore consistency within the text, in particular with the amendment to Article 5 which has been suggested by the rapporteur. Applying codecision to Article 5 and commitology to Article 6 could result in contradictory decisions: a specific operation could involve recovery under codecision and disposal under commitology.

Amendment 29

Article 7

Member States shall ensure that the recovery or disposal of waste is carried out as follows:

Member States shall endeavour to ensure that the processes of recovery or disposal of waste are carried out with the greatest possible attention to:

(a) without endangering human health;

(a) protecting public health;

(b) without using processes or methods which could harm the environment;

(b) protecting the environment (including water, air, soil, animals, plants, countryside or places of special interest);

(c) without risk to water, air, soil and plants and animals;

(c) preventing nuisance through noise or odours.

(d) without causing a nuisance through noise or odours;

 

(e) without adversely affecting the countryside or places of special interest.

 

Justification

The objectives for the implementation of legislation on waste must be realistic with regard to the available measures; the undesirable effects of an activity cannot be entirely eliminated.

Amendment 30

Article 8

Member States shall ensure that any holder of waste carries out its recovery or disposal himself or has its recovery or disposal handled by an establishment or undertaking which carries out waste treatment operations or arranged by a private or public waste collector.

Pursuant to the ‘polluter pays’ principle the Member States shall ensure that any holder of waste carries out its recovery or disposal himself or has its recovery or disposal handled by an establishment or undertaking which carries out waste treatment operations or arranged by a private or public waste collector.

Justification

Reference must be made to the ‘polluter pays’ principle, which has always played an essential role in waste management. It forms part of Directive 75/442/EC and the amended versions thereof and it must be mentioned at this stage.

Amendment 31

Article 9

Member States shall ensure that the costs entailed in the recovery or disposal of waste are allocated, as appropriate, between the holder, previous holders and the producer.

In accordance with the ‘polluter pays’ principle the cost of waste management must be borne by:

- the holder of the waste collected or managed by a collector or by an enterprise, and/or

- the previous holders, and/or

- the producer of the product from which the waste is derived.

Justification

The current directive is clearer as regards costs and this amendment is based on Article 15 thereof. Its purpose is to:

- re-introduce the ‘polluter pays’ principle;

- ensure that costs are ‘borne’ and not ‘allocated’ by the Member States;

- ensure that costs are borne by the producer of the waste and are upstream as far as the producer of the product and not downstream of the producer of the waste;

- ensure that the costs cover not only recovery and disposal but also the overall costs of waste management (such as the cost of collection).

Amendment 32

Article 10, subparagraph 1

Each Member State shall take appropriate measures, in cooperation with other Member States where this is necessary or advisable, to establish an integrated and adequate network of disposal installations, taking account of the best available techniques within the meaning of Article 2(11) of Directive 96/61/EC, hereinafter “best available techniques”.

Each Member State shall take appropriate measures, in cooperation with other Member States where this is necessary or advisable, to establish an integrated and adequate network of disposal installations, taking account of the most efficient and viable techniques.

Justification

Suitable techniques for the treatment of waste, including disposal, must be appropriate to the place and they should be chosen on the basis of economic, environmental and public health criteria.

Amendment 33

Article 11, paragraph 1

1. With a view to determining whether it is appropriate to deem certain waste to have ceased being waste, to have completed a re-use, recycling or recovery operation, and to reclassify that waste as secondary products materials or substances, the Commission shall assess whether the following conditions are met:

1. The Commission shall determine or request Member States to determine whether a given waste has ceased to be a waste, on the basis that:

 

(- a) it has completed a re-use, recycling, recovery or adaptation operation and is hence to be re-classified as secondary products, materials or substances; and

(a)reclassification would not lead to overall negative environmental impacts;

(a) such reclassification would not lead to overall negative environmental impacts and

(b) a market exists for such a secondary product, material or substance.

(b) a market exists or would exist for such a secondary product, material or substance.

Justification

Re-worded for more clarity. Some waste materials (i.e. wood waste) are a source for environmental friendly energy production. Adaptation of such materials must be taken in the enumeration of actions. Special attention needs to be given to the swift reclassification of such waste materials. The Commission has the last word on the determination of 'waste' classification.

Amendment 34

Article 11, paragraph 1, point (b a) (new)

 

(ba) the secondary product, material or substance has undergone treatment and is about to enter a new cycle as a secondary raw material with properties similar to those of virgin products, materials or substances.

Amendment 35

Article 11, paragraph 2

2. On the basis of its assessment pursuant to paragraph 1, the Commission shall, in accordance with the procedure referred to in Article 36(2), adopt implementing measures in respect of a specific product, material or substance category of waste, specifying the environmental and quality criteria to be met in order for that waste to be deemed to have become a secondary product material or substance.

2. By …*, on the basis of its assessment pursuant to paragraph 1, the Commission shall submit - if necessary - a legislative proposal setting out the environmental criteria to be met in order for product, material or substance waste to be deemed to have become a secondary product, material or substance.

 

The considered criteria are defined after the consultation of the concerned sectors of industry. The procedure sees to a democratic decision-making and the possibility of appeal. The assessment takes into account all relevant aspects, including the entire supply chain from the origin of the substance, product or material to the final application, recovery or disposal.

 

_____________________

* Two years from the date of entry into force of this Directive

Justification

The question of knowing which ‘sister directives’ should stem from this directive and the question of knowing what form those directives should take are political in nature, hence they should be covered by the codecision procedure. The requirements applying to secondary products should not be more stringent than those applying to the similar primary products which they replace.

Amendment 36

Article 11, paragraph 3 a (new)

 

3a. By ... ** the Commission shall, if appropriate, make proposals for the determination of whether the following waste streams fall under the provisions of this Article, and if so, what specifications should apply to them:

 

- compost,

 

- construction and demolition waste,

 

- recovered paper,

 

- recovered glass,

 

- Solid Recovered Fuel (SRF).

 

_____________________

** Five years from the date of entry into force of this Directive

Justification

These are the most urgent candidates for new proposals. In particular for SRF, its inclusion into the urgent candidates is due because some Member States have already developed and consolidated an environmentally sustainable industrial usage of quality-SRF in coal-powered power plants and cements kilns. Quality SRF substitutes, in part, the fossil fuel (coal) used in such plants.

Amendment 37

Article 11 a (new)

 

Article 11a

 

Knowledge and traceability of hazardous waste

 

1. Before it is accepted at a waste-treatment plant, each consignment of hazardous waste shall be subjected to a specific procedure designed to establish the risks and the treatment to be applied.

 

2. Any admission of hazardous waste to a site shall be governed in accordance with a specific procedure in order to ensure that the waste concerned does indeed display the same properties as the waste approved during the acceptance procedure.

 

3. Any producer, collector or holder of hazardous waste who transfers that waste to a treatment plant shall make available a specific notification and movement document accompanying the waste from the place at which it was produced to its destination.

 

4. The reporting requirements laid down in Article 5 of European Parliament and Council Regulation (EC) No 166/2006 of 18 January 2006 concerning the establishment of a European Pollutant Release and Transfer Register1 shall apply to all producers of hazardous waste and all operators of plants at which such waste is treated.

 

1 OJ L 33, 4.2.2006, p. 1.

Justification

Knowledge and traceability of hazardous waste are essential if such waste is to be processed in optimum fashion and without jeopardising security and the environment.

(1) The nature of the waste must be known before the waste is accepted and each consignment must be checked in order to ensure that the waste corresponds to what has been accepted.

(2a) A notification and movement document constitutes a valuable traceability tool.

(2b) The reporting requirement is laid down in the E-PRTR rules but the Annex does not cover all producers of hazardous waste and all treatment plants.

Amendment 38

Article 14, paragraph 1

1. A Member State may treat waste as hazardous where, even though it does not appear as such on the list of wastes referred to in Article 4, hereinafter “the list”, it displays one or more of the properties listed in Annex III.

The Member State shall notify any such cases to the Commission in the report provided for in Article 34(1), and shall provide the Commission with all relevant information.

1. Where a Member State considers that waste should be treated as hazardous, even though it does not appear as such on the list of wastes referred to in Article 4, (hereinafter “the list”), and it displays one or more of the properties listed in Annex III the Member State shall immediately notify any such cases to the Commission and shall provide the Commission with all relevant information.

Justification

A decision on whether waste is to be declared hazardous or not must be notified to the Commission before a Member State takes specific measures, in line with EU policies on harmonisation of chemical and hazardous products.

Amendment 39

Article 15, paragraph 1

1. Where a Member State has evidence to show that a specific waste that appears on the list as hazardous waste does not display any of the properties listed in Annex III, it may treat that waste as non-hazardous waste.

The Member State shall notify any such cases to the Commission in the report provided for in Article 34(1) and shall provide the Commission with the necessary evidence.

1. Where a Member State has evidence to show that a specific waste that appears on the list as hazardous waste does not display any of the properties listed in Annex III, it shall immediately notify the Commission thereof and provide the necessary evidence.

Justification

A decision on whether waste is to be declared hazardous or not must be notified to the Commission before a Member State takes specific measures, in line with EU policies on harmonisation of chemical and hazardous products.

Amendment 40

Article 16, paragraph 1

1. Member States shall take the necessary measures to ensure that the following conditions are met where hazardous waste is mixed, either with other hazardous waste possessing different properties or with other waste, substances or materials:

(a) the mixing operation is carried out by an establishment or undertaking which has obtained a permit in accordance with Article 19;

(b) the conditions laid down in Article 7 are complied with;

(c) the environmental impact of the management of the waste is not worsened;

(d) such an operation conforms to best available techniques.

1. Member States shall take the necessary measures to require establishments or undertakings dealing with hazardous waste not to mix different categories of hazardous waste or to mix hazardous waste with non-hazardous waste.

 

Justification

At all times, hazardous waste should be kept separate from non-hazardous waste.

Amendment 41

Article 16, paragraph 1 a (new)

 

1a. A mixing operation without chemical reaction should, under no circumstance, lead to a declassification of a hazardous waste to a non-hazardous waste and/or to a declassification of a Persistent Organic Pollutants (POP) containing waste to a non-POP-containing waste.

Justification

Article 16 proposals linked with rules of “mixing” need to be strengthened in order to apply to these operations IPPC permit and safety rules to avoid hazardous waste declassification.

Amendment 42

Article 16, paragraph 2

2. Subject to technical and economical feasibility criteria to be determined by the Member States, where hazardous waste has been mixed, in a manner contrary to paragraph 1, with other hazardous waste possessing different properties or with other wastes, substances or materials, separation shall be effected where necessary in order to comply with Article 7.

2. Where hazardous waste has been mixed, in a manner contrary to paragraph 1, with other hazardous waste possessing different properties or with other wastes, substances or materials, separation shall be effected where necessary in order to comply with Article 7, taking account of the need for traceability of the various substances or materials.

Justification

In the case of hazardous waste that has been mixed, traceability must be established so that it can be monitored.

Amendment 43

Article 18

Mineral waste oils

Specifications concerning waste oils

Without prejudice to the obligations related to the handling of hazardous waste laid down in Articles 16 and 17, Member States shall take the necessary measures to ensure that mineral waste oils are collected and handled in accordance with Article 7.

Without prejudice to the obligations related to the handling of hazardous waste laid down in Articles 16 and 17, Member States shall take the necessary measures to ensure that waste oils are collected separately and are handled and treated in accordance with Articles 7, 19 and 20 of this Directive and with the provisions laid down in European Parliament and Council Directive 2000/76/EC of 4 December 2000 concerning the incineration of waste1. Collectors of waste oils shall submit an application for specific authorisation which shall be dealt with by means of a suitable procedure.

 

1 OJ L 332, 28.12.2000, p. 91.

Justification

Waste oils continue to be a major source of pollution.

The extreme fragmentation of the market makes the checking process complex. The consistent progress which has been made thanks to the 1975 directive must not be jeopardised by the repeal of the directive on waste oils. The new framework directive must therefore include explicit provisions on this topic: collection must continue and treatment plants must operate under IPPC or some other specific authorisation, and plants which burn waste oil must comply with the directive on the incineration of waste.

Amendment 44

Article 18, paragraph 2 (new)

 

Provided that there are no obstacles of a technical, financial or organisational nature, Member States shall take the necessary measures to give priority to the processing of mineral waste oils through regeneration.

Justification

Repealing Directive 75/439/ΕEC in order to simplify the legislation should not automatically imply abandoning the priority given to regeneration. The amendment reinstates the relevant provision of Directive 75/439/ΕEC. The recycling of waste is a general principle of European environment policy and it should therefore also apply to mineral oils (good quality products which help to deal with our energy problem), retaining regeneration as the priority. Unless clear priority is given to regeneration, combustion will be put forward as a simpler solution.

Amendment 45

Article 19, paragraph 1, last sentence

Permits may specify additional conditions and obligations.

Permits may specify additional conditions and obligations such as requirements regarding the quality of the treatment.

Amendment 46

Article 21

The Commission may, in accordance with the procedure referred to in Article 36(2), adopt minimum standards for permits designed to ensure that the waste is treated in an environmentally sound manner.

The Commission may, in accordance with a procedure in which the relevant actors are involved and after carrying out an impact assessment of the proposed measures, adopt minimum standards for permits designed to ensure that the waste is treated in an environmentally sound manner.

 

Member States may set higher standards for permits on the basis of a national assessment of needs and the principle of proportionality and in accordance with the Treaties.

Amendment 47

Article 24

Hazardous waste

Terms and conditions for authorising hazardous-waste treatment plants

 

In the case of hazardous waste, Member States may allow the exemption under Article 22 only of establishments or undertakings that carry out recovery operations.

All hazardous-waste treatment plants must hold an authorisation issued in accordance with Directive 96/61/EC.

In addition to the general rules provided for in Article 23(1), the Member States shall lay down specific conditions for exemptions relating to hazardous waste, including limit values for the content of hazardous substances in the waste, emission limit values, types of activity, as well as any other necessary requirements for carrying out different forms of recovery.

Without prejudice to Directive 96/61/EC, an application for authorisation from the competent authorities shall include a description of the planned measures intended to ensure that the plant is designed, equipped and operated in accordance with the categories of waste treated and the associated risks.

 

The authorisation issued by the competent authorities shall state:

 

- the amounts and the categories of hazardous waste treated,

 

- the technical specifications designed to ensure that waste is treated in optimum fashion without harming the environment and at the same time providing a high level of security.

 

Where the operator of a non-hazardous-waste treatment plant intends to carry out operations involving hazardous waste, this shall be regarded as a substantial change under the terms of the definition laid down in Article 2(10)(b) of Directive 96/61/EC ; Article 12(2) of that same directive shall then apply.

Justification

Pursuant to the IPPC directive, hazardous-waste treatment of any kind requires authorisation. This rule should apply strictly to each and every individual who carries out operations involving hazardous waste.

The first part of this amendment is concerned with obtaining IPPC authorisation. The second part describes some of the information which the authorisation should include. The final part is intended to ensure that an operator who normally treats non-hazardous waste is required to apply for further authorisation if he wishes to accept hazardous waste.

Amendment 48

Article 26, paragraph 1, subparagraph 1

Member States shall ensure that their competent authorities establish, in accordance with Article 1, one or more waste management plans, which shall be revised at least every five years.

Member States shall ensure that their competent authorities establish, in accordance with Article 1, one or more waste management plans, which shall be revised at least every four years.

Amendment 49

Article 26, paragraph 4

4. Waste management plans shall be in accordance with the waste planning requirements laid down in Article 14 of Directive 94/62/EC and the strategy for the reduction of biodegradable waste going to landfills, referred to in Article 5 of Directive 1999/31/EC, including significant awareness raising campaigns and the use of economic instruments.

4. Waste management plans shall be in accordance with the waste planning requirements laid down in Article 14 of Directive 94/62/EC and the strategy for the reduction of biodegradable waste going to landfills, referred to in Article 5 of Directive 1999/31/EC, including significant awareness raising campaigns.

Justification

The 'use of economic instruments' has neither been defined nor examined in detail to date. Such instruments could possibly have undesirable effects or lead to price rises for 'green' alternatives which do not reflect environmental friendliness factors.

Amendment 50

Article 29, paragraph 1, subparagraph 1

Member States shall establish, in accordance with Article 1, waste prevention programmes no later than [three years after the entry into force of this Directive].

Member States shall establish, in accordance with Article 1, programmes of technical and organisational waste prevention measures no later than [three years after the entry into force of this Directive]. The programmes shall be revised at no more than four-yearly intervals.

 

These programmes and the measures therein should, as a minimum requirement, aim for the stabilisation of waste generation by 2010 and further significant reductions in generation by 2020.

Amendment 51

Article 30, paragraph 2

2. Member States shall determine specific qualitative and quantitative targets and indicators for any measure or combination of measures adopted in order to monitor and assess the progress of individual measures.

2. Member States shall determine specific qualitative and quantitative targets. The Commission may, in accordance with the procedure referred to in Article 36(2), establish quantitative and qualitative indicative targets and general indicators that will be used by Member States to monitor and assess the progress achieved through individual measures.

Amendment 52

Article 30, paragraph 2 a (new)

 

2a. Member States shall as a minimum take the following measures:

 

(a) The promotion of reusable packaging through establishing appropriate distribution and take-back systems, including if necessary, the use of taxes or deposits

 

(b) The promotion of repair of products as an alternative to discarding, through the establishment of repair facilities.

 

(c) The provision of information on waste prevention techniques through the establishment of national centres for identification and promotion of information for achieving cleaner and less wasteful products, technologies and distribution systems with a view to facilitating the implementation of sectoral Best Practice benchmarks (similar to the UNEP Cleaner Production Centres) suitable in particular for SMEs

 

(d) The use of sectoral requirements in order that the relevant businesses or industrial sectors set their own waste prevention plans or objectives or correct wasteful products or packaging.

Justification

It is not enough that Member States should only assess opportunities for prevention. Several measures need to become an obligation for all Member States.

Amendment 53

Article 33, paragraph 2, subparagraph 1

2. For hazardous waste, the records shall be preserved for at least three years except in the case of establishments and undertakings transporting hazardous waste which must keep such records for at least 12 months.

2. For hazardous waste, the records shall be preserved for at least five years except in the case of establishments and undertakings transporting hazardous waste which must keep such records for at least two years.

Justification

The special characteristics of hazardous products mean that records must be kept for longer than for any other product.

Amendment 54

Annex I, point D 7

D 7 Release into seas/oceans including sea-bed insertion

deleted

Amendment 55

Annex I, point D 11

D 11 Incineration at sea

deleted

Amendment 56

Annex II, point R1, paragraph 2, indents 1 and 2

0.60 for installations in operation and permitted in accordance with applicable Community legislation before 1 January 2009,

0.65 for installations permitted after 31 December 2008,

0.45 for installations in operation and permitted in accordance with applicable Community legislation before 1 January 2009,

0.50 for installations permitted after 31 December 2008,

Justification

Classification of incinerators as efficient or inefficient in energy terms will have a great impact on these installations and the legislation that directly affects them, in the same way as other legislation such as the directive on landfill. The Commission must therefore carry out a study on waste as an energy source and the setting of thresholds.

Amendment 57

Annex IV, point 1

1. The use of planning measures, or other economic instruments affecting the availability and price of primary resources.

deleted

Justification

Economic instruments would not encourage the production of steel from steel scrap in place of iron ore, but would, rather, only have a negative impact on a well‑functioning market and an already existing recovery chain. See also amendment to Article 26(4).

Amendment 58

Annex IV, point 11

11. Economic instruments such as incentives for clean purchases or the institution of an obligatory payment by consumers for a given article or element of packaging that would otherwise be provided free of charge.

deleted

Justification

See amendment to Article 26(4).

PROCEDURE

Title

Proposal for a directive of the European Parliament and of the Council on waste

References

COM(2005)0667 – C6-0009/2006 – 2005/0281(COD)

Committee responsible

ENVI

Opinion by
  Date announced in plenary

ITRE
19.1.2006

Enhanced cooperation – date announced in plenary

 

Drafts(wo)man
  Date appointed

Cristina Gutiérrez-Cortines
26.1.2006

Previous drafts(wo)man

 

Discussed in committee

19.4.2006

3.5.2006

13.7.2006

12.9.2006

 

Date adopted

12.9.2006

Result of final vote

+:

–:

0:

37

6

0

Members present for the final vote

John Attard-Montalto, Šarūnas Birutis, Jan Březina, Philippe Busquin, Jerzy Buzek, Pilar del Castillo Vera, Jorgo Chatzimarkakis, Giles Chichester, Den Dover, Lena Ek, Nicole Fontaine, Adam Gierek, Norbert Glante, Umberto Guidoni, András Gyürk, Fiona Hall, David Hammerstein Mintz, Rebecca Harms, Erna Hennicot-Schoepges, Ján Hudacký, Romana Jordan Cizelj, Anne Laperrouze, Eugenijus Maldeikis, Eluned Morgan, Reino Paasilinna, Aldo Patriciello, Miloslav Ransdorf, Vladimír Remek, Herbert Reul, Mechtild Rothe, Paul Rübig, Andres Tarand, Britta Thomsen, Patrizia Toia, Catherine Trautmann, Claude Turmes, Dominique Vlasto

Substitute(s) present for the final vote

María del Pilar Ayuso González, Daniel Caspary, Neena Gill, Cristina Gutiérrez-Cortines, Edit Herczog, Lambert van Nistelrooij

Substitute(s) under Rule 178(2) present for the final vote

 

Comments (available in one language only)

 

  • [1]  Not yet published in OJ.

PROCEDURE

Title

Proposal for a directive of the European Parliament and of the Council on waste

References

COM(2005)0667 – C6-0009/2006 – 2005/0281(COD))

Date submitted to Parliament

21.12.2005

Committee responsible
  Date announced in plenary

ENVI
19.1.2006

Committee(s) asked for opinion(s)
  Date announced in plenary

ITRE
19.1.2006

 

 

 

 

Not delivering opinion(s)
  Date of decision

 

 

 

 

 

Enhanced cooperation
  Date announced in plenary

 

 

 

 

 

Rapporteur(s)
  Date appointed

Caroline F. Jackson
21.2.2006

 

Previous rapporteur(s)

 

 

Simplified procedure – date of decision

 

Legal basis disputed
  Date of JURI opinion

 

 

 

Financial endowment amended
  Date of BUDG opinion

 

 

 

European Economic and Social Committee consulted – date of decision in plenary

 

Committee of the Regions consulted – date of decision in plenary

 

Discussed in committee

10.10.2006

 

 

 

 

Date adopted

28.11.2006

Result of final vote

+

0

48

6

2

Members present for the final vote

Adamos Adamou, Georgs Andrejevs, Irena Belohorská, Johannes Blokland, John Bowis, Frieda Brepoels, Dorette Corbey, Chris Davies, Avril Doyle, Mojca Drčar Murko, Edite Estrela, Jill Evans, Anne Ferreira, Karl-Heinz Florenz, Matthias Groote, Françoise Grossetête, Cristina Gutiérrez-Cortines, Satu Hassi, Gyula Hegyi, Jens Holm, Marie Anne Isler Béguin, Caroline Jackson, Christa Klaß, Eija-Riitta Korhola, Holger Krahmer, Marie-Noëlle Lienemann, Linda McAvan, Roberto Musacchio, Riitta Myller, Péter Olajos, Miroslav Ouzký, Vittorio Prodi, Frédérique Ries, Dagmar Roth-Behrendt, Guido Sacconi, Karin Scheele, Carl Schlyter, Horst Schnellhardt, Richard Seeber, Kathy Sinnott, Bogusław Sonik, Antonios Trakatellis, Evangelia Tzampazi, Thomas Ulmer, Marcello Vernola, Anja Weisgerber, Åsa Westlund

Substitute(s) present for the final vote

Pilar Ayuso, Giovanni Berlinguer, Niels Busk, Bairbre de Brún, Hélène Goudin, Ambroise Guellec, Jutta Haug, Karsten Friedrich Hoppenstedt, Miroslav Mikolášik, Ria Oomen-Ruijten

Substitute(s) under Rule 178(2)
present for the final vote

 

Date tabled

15.12.2006

Comments
(available in one language only)

...