Index 
Texts adopted
Tuesday, 14 March 2017 - StrasbourgFinal edition
Responsible ownership and care of equidae
 Mercury ***I
  Resolution
  Consolidated text
  Annex
 Long-term shareholder engagement and corporate governance statement ***I
  Resolution
  Consolidated text
 Control of the acquisition and possession of weapons ***I
  Resolution
  Consolidated text
  Annex
 End-of-life vehicles, waste batteries and accumulators and waste electrical and electronic equipment ***I
 Waste ***I
 Landfill of waste ***I
 Packaging and packaging waste ***I
 Equality between women and men in the EU in 2014-2015
 Equal treatment between men and women in the access to and supply of goods and services
 EU funds for gender equality
 Fundamental rights implications of big data
 Minimum standards for the protection of farm rabbits

Responsible ownership and care of equidae
PDF 201k   DOC 64k
European Parliament resolution of 14 March 2017 on responsible ownership and care of equidae (2016/2078(INI) )
P8_TA(2017)0065 A8-0014/2017

The European Parliament,

–   having regard to Articles 39, 42 and 43 of the Treaty on the Functioning of the European Union (TFEU) on the functioning of the common agricultural policy and the common fisheries policy,

–   having regard to Article 114 TFEU on the establishment and functioning of the single market,

–   having regard to Protocol No 2 on the application of the principles of subsidiarity and proportionality,

–   having regard to Article 168(4)(b) TFEU on measures in the veterinary and phytosanitary fields which have the protection of public health as their direct objective,

–   having regard to Article 13 TFEU, which lays down that, in formulating and implementing the Union’s agriculture, fisheries, transport, internal market, research and technological development and space policies, the Union and the Member States shall, since animals are sentient beings, pay full regard to the welfare requirements of animals, while respecting the legislative or administrative provisions and customs of the Member States relating in particular to religious rites, cultural traditions and regional heritage,

–   having regard to Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’)(1) ,

–   having regard to Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97(2) ,

–   having regard to Council Regulation (EC) No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing(3) ,

–   having regard to Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes(4) ,

–   having regard to Commission Implementing Regulation (EU) 2015/262 of 17 February 2015 laying down rules pursuant to Council Directives 90/427/EEC and 2009/156/EC as regards the methods for the identification of equidae (‘Equine Passport Regulation’)(5) ,

–   having regard to Regulation (EU) 2016/1012 of the European Parliament and of the Council of 8 June 2016 on zootechnical and genealogical conditions for the breeding, trade in and entry into the Union of purebred breeding animals, hybrid breeding pigs and the germinal products thereof and amending Regulation (EU) No 652/2014 and Council Directives 89/608/EEC and 90/425/EEC and repealing certain acts in the area of animal breeding (‘Animal Breeding Regulation’),

–   having regard to Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005(6) ,

–   having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008(7) ,

–   having regard to the judgment of 23 April 2015 in case C-424/13, Zuchtvieh-Export GmbH v Stadt Kempten , of the Court of Justice of the European Union,

–   having regard to the Commission communication entitled ‘Europe 2020 – a strategy for smart, sustainable and inclusive growth’ (COM(2010)2020 ),

–   having regard to Commission Implementing Regulation (EU) No 1337/2013 of 13 December 2013 laying down rules for the application of Regulation (EU) No 1169/2011(8) on the indication of the country of origin or place of provenance of the meat,

–   having regard to the Commission communication to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘Europe, the world’s No 1 tourist destination – a new political framework for tourism in Europe’ (COM(2010)0352 ),

–   having regard to the conclusions of the Commission’s EDUCAWEL study(9) ,

–   having regard to the principles of subsidiarity and proportionality,

–   having regard to the European Convention for the Protection of Animals kept for Farming Purposes,

–   having regard to Rule 52 of its Rules of Procedure,

–   having regard to the report of the Committee on Agriculture and Rural Development (A8-0014/2017 ),

A.   whereas the equid sector within the EU is worth over EUR 100 billion per annum(10) and accounted for an additional total turnover of EUR 27,3 billion in betting in 2013 alone, with EUR 1,1 billion received by Member State governments(11) ;

B.   whereas approximately 900 000 jobs are created solely by the equestrian sports industry, five to seven equidae create one full-time job, and those jobs, which are not relocatable, are in what are now economically vulnerable rural areas;

C.   whereas the equid sector meets the objectives of EU rural development policy, which is based on agricultural viability, sustainable natural-resource management and the promotion of social inclusion in rural communities; whereas equidae are still very much used within agriculture, with new uses being found, such as the production of donkey milk, as well as new opportunities and benefits for further developing these products for producers and consumers;

D.   whereas the equid sector is playing an active role in meeting the Europe 2020 strategy’s objective of bringing about sustainable growth based on both a greener economy and inclusive growth, and whereas the equid sector is important due to its vital contribution to environmental, economic and social development in rural areas;

E.   whereas the European Union is the largest market for the equestrian sports industry globally(12) ;

F.   whereas the estimated 7 million equidae in the EU perform hugely varied roles, with an age-old relationship with mankind, from competition and recreational animals to working animals in transport, tourism, behavioural, rehabilitation and education therapies, sports, education, forestry and agriculture, sources of milk and meat, research animals, and wild and semi-feral animals; whereas these equidae also help maintain biodiversity and rural sustainability and may perform several of these roles during their lives;

G.   whereas responsible ownership and care of equidae starts with proper attention to animal health and welfare conditions, and whereas welfare issues must accordingly be central to all equidae activities; whereas the regulatory environment at EU level varies among Member States, and whereas existing legislation is implemented differently within the EU, which leads to distortion of competition and a deterioration in animal welfare;

H.   whereas equidae are the most transported animals in Europe in proportion to their population(13) , and whereas animal transport times are a serious concern for EU citizens, who demand shorter transport times, as equidae are sometimes transported in and from the EU in vehicles unsuitable for carrying equidae over long distances by road, sea and air before they reach their final destination;

I.   whereas the data on the movements of equidae for commercial purposes are recorded via the Trade Control and Expert System (TRACES), but this data is only released annually and with a two-year delay;

J.   whereas readily available data could help competent authorities and other organisations to better monitor animal health effects and to investigate subsequent indications of poor biosecurity;

K.   whereas there is insufficient data available to directly quantify how many working equidae are used on small and semi-subsistence farms, many of which are found in the newer Member States, and in tourism;

L.   whereas the World Organisation for Animal Health (OIE) adopted guidelines concerning working equidae in May 2016(14) as regards observing animals’ five fundamental freedoms, i.e. freedom from hunger, thirst and malnutrition, from fear and distress, from physical discomfort and heat stress, from pain and to express (most) normal behaviour;

M.   whereas equidae provide valuable employment and revenue to localities and rural areas from agriculture, equestrian activities and tourism that cannot be relocated, but the welfare of some equidae is compromised and tourists are too often insufficiently informed to identify welfare issues and correct the problem(15) ;

N.   whereas welfare labels introduced by the industry can help ensure that activities are carried out properly and that the public is given the necessary information;

O.   whereas unlimited, indiscriminate and irresponsible breeding of equidae can lead to animals that are devoid of economic value and are often left with serious welfare problems, particularly during an economic downturn; whereas Parliament and the Council recently adopted legislation harmonising the rules on zootechnical and genealogical conditions for the breeding of purebred breeding animals, including equidae, the objectives being to make the EU breeding sector more competitive and better organised and to improve available information on purebred breeding and on purebred breeding animals, in particular equidae;

P.   whereas equid abandonment has increased since 2008 in western Member States, especially where these equidae have become expensive luxuries, constituting a major financial burden rather than a source of income; whereas there has been no adequate and satisfactory response to this problem from the Commission and the Member States;

Q.   whereas most instances of this behaviour can be assigned to private owners and are not representative for the most part of the professional horse sector in Europe;

R.   whereas equidae are social animals with cognitive abilities and strong affiliative ties, and whereas they are used in a range of educational and training programmes as well as therapy and rehabilitation programmes, including in cases of autistic spectrum disorders, cerebral palsy, cerebrovascular accident, learning or language disabilities and difficulties, offender rehabilitation, psychotherapy, post-traumatic stress disorder and addiction;

S.   whereas owners are faced with difficult decisions when they are no longer able to sufficiently care for their equidae, in part due to high veterinary costs, and whereas in some Member States euthanasia is too often the first recourse, and a costly one, for owners who are no longer able to bear the cost of veterinary care and the cost of ensuring the equid’s welfare needs; whereas in other Member States equidae can only be euthanised where there is a clear immediate veterinary need, irrespective of the long-term welfare of the animal concerned;

T.   whereas equidae are not considered to be food-producing animals in many countries outside the Union, and whereas equine meat is routinely imported from these countries to be sold and placed on the EU market; whereas this situation gives rise to welfare issues and distortions of competition because, for the time being, the EU does not allow meat from European horses not originally intended for meat production and slaughter to enter the human food chain, while more flexibility is allowed for meat imported from third countries;

1.   Recognises the considerable economic, environmental and social contribution equidae make throughout the EU and the essential cultural and educational values directly related thereto, such as respect for animals and for the environment;

2.   Points out that equidae are increasingly being used for educational, sporting, therapeutic and recreational purposes on agricultural holdings by farmers seeking to diversify their activities and broaden their income base, and stresses that the presence of equidae facilitates multi-functionality for a farming business, which is conducive to boosting employment in rural areas and contributes to the development of urban-rural relations, local sustainability and cohesion;

3.   Calls for greater EU-level acknowledgement of the equid sector, and its benefits for the rural economy, which makes a significant contribution to the EU’s general and strategic objectives, and for it to be incorporated to a greater extent into the various CAP components, including direct aid under the first pillar or under the second pillar;

4.   Notes that good equid health and welfare boosts the economic output of farms and businesses alike and benefits the rural economy overall, while also accommodating the growing demand of EU citizens for higher animal health and welfare standards;

5.   Calls on the Commission to recognise the status of working animals for equidae as an important tool in agricultural activities in rural areas of Europe, especially in mountainous and hard-to-reach areas;

6.   Stresses that equid owners should have a minimum level of knowledge of equid husbandry, and that with ownership comes a personal responsibility for the standard of health and welfare of the animals in their care;

7.   Highlights that knowledge exchange between equidae owners, but also between Member States, should be an important tool for meeting these needs, and notes that alongside the emergence of new scientific knowledge, legislative developments and learning methods, equid professionals have improved their working methods in such a way as to enhance equid welfare;

8.   Notes that most equid owners and handlers behave responsibly; highlights that the increased promotion of animal welfare has the best opportunity to succeed within the framework of economically viable production systems;

9.   Notes that the professionals need to remain economically viable while responding effectively to new challenges such as limited natural resources, the effects of climate change and the emergence and spread of new diseases;

10.   Encourages the Member States to create an environment in which on-farm businesses are viable;

11.   Underlines, with reference to the 10 OIE principles, the importance of the forthcoming Animal Welfare Reference Centres for improved levels of full compliance with, and consistent enforcement of, legislation, along with the dissemination of information and best practice relating to animal welfare;

12.   Calls on the Commission to commission a Eurostat study to analyse the economic, environmental and social impact of all aspects of the equid sector and to supply statistical data on a regular basis on the use of services, transport and slaughter of equidae;

13.   Calls on the Commission to develop European Guidelines on Good Practice in the Equid Sector for various users and specialists, drawn up in consultation with stakeholders and organisations from the equid sector and based on existing guides, including a focus on species-specific welfare and behavioural care, in addition to end-of-life care;

14.   Calls on the Commission to ensure equal application of the EU Guidelines and to release resources for translation of this document;

15.   Calls on the Commission to encourage and collect exchanges of good practices and educational programmes of different Member States in terms of animal welfare and to support the production and dissemination of this information on how to meet the needs of equidae, irrespective of their role, based on the ‘five freedoms’ and covering the entirety of an equid’s life;

16.   Calls on the Commission, when setting up its European Guidelines on Good Practice in the Equid Sector, to consider the multifunctional role of equidae by including guidance on responsible breeding, animal health and welfare and the benefits of equid sterilisation, work in tourism, agriculture and forestry, species-appropriate transport and slaughter and protection against fraudulent practices, including doping, and recommends that such guidance be disseminated, in collaboration with EU-recognised representative professional agricultural organisations, to breeders, equid societies, farms, stables, sanctuaries, transporters and slaughterhouses, and that it be accessible in a variety of formats and languages;

17.   Calls on the Commission and the Member States to support the work of the European Horse Network and the European State Stud Association, as they play an important role in the development of the European horse sector by serving as a platform to exchange best practices and by preserving traditions, skills, old horse breeds and the impact of the sector;

18.   Urges the Commission to expand its educational resources on farm welfare, directed both at specialists in direct contact with equidae, such as veterinary surgeons, animal breeders and horse owners, and at a broader circle of users, in order to encompass equid welfare and breeding, while stressing the importance of training and information, via the Farm Advisory System;

19.   Calls on the Commission and the Member States to also utilise knowledge-transfer schemes to share good practices and business models, to raise awareness of any issues and to foster innovation and new ideas; notes that in some Member States knowledge-transfer schemes already exist in the equid sector;

20.   Calls on the Commission to recommit to the development of a European Charter for Sustainable and Responsible Tourism, with the dissemination of clear information to help tourists and stakeholders make welfare-friendly choices when deciding whether or not to use the services of working equidae; stresses that this charter should be based on existing quality charters that have been established by recognised, representative and professional agricultural organisations, and notes that, while some Member States have strict guidelines for working conditions and hours, such protection is lacking in other Member States;

21.   Calls on the Commission to issue guidance to Member States on welfare-friendly tourism models with regard to working equidae;

22.   Urges the Member States to establish voluntary labour guidelines including daily working hours and rest periods to protect working equidae from overwork and economic exploitation;

23.   Calls on the Commission to make data from TRACES available to the public far faster than at present;

24.   Stresses that existing EU legislation on the protection of animals during transport and related operations is designed to protect animals from injury and suffering, and to ensure that animals are transported in compliance with appropriate conditions and time periods, and is concerned at deficiencies in the enforcement of EU animal welfare transport legislation by many Member States’ authorities;

25.   Calls on the Commission to ensure the proper application and effective and uniform enforcement of existing EU legislation on animal transport and legally binding reporting across all Member States;

26.   Calls on Member States exporting equidae to find ways of encouraging slaughter within their territory so as to avoid, where possible, the transport of live equidae, and calls on the Commission to establish a mechanism for effective monitoring of compliance with the legislative and regulatory provisions under both the future and current legal framework;

27.   Requests that the Commission propose a shortened maximum journey limit for all movements of horses for slaughter, based on the findings of the European Food Safety Authority and on the transport guides for equidae produced by industry professionals, taking into account the specific characteristics of different countries’ equine industries;

28.   Calls on the Commission and the Member States to formulate guidance and to facilitate and enhance scientific research and implement existing research on the welfare of equidae at the time of slaughter in order to develop humane methods of slaughter better suited to equidae, and to disseminate these guidance documents to the competent authorities of the Member States;

29.   Calls on the Commission and the Member States to fully and properly commit to inspections and to conduct regular audits of the slaughterhouses on their territory that are licensed to take equidae, to ensure that they are able to meet the specific welfare needs of equidae, particularly in terms of facilities and qualification of staff;

30.   Calls on the Commission to commit to developing validated animal welfare indicators, which should be used to assess the welfare of equidae, to identify existing problems and to help drive improvements, while ensuring practical implementation and benefits for the sector, and considers it important to include stakeholders who have implemented similar tools across the EU, and to work in close cooperation with representatives of professional organisations from the equid sector in the process of setting up animal welfare indicators;

31.   Urges the Commission and the Member States to encourage horse owners to form associations;

32.   Stresses the importance of the humane treatment and welfare of equidae, and the principle that any cruel, abusive treatment by any owner, trainer, groom or other person must not be tolerated anywhere, under any circumstances;

33.   Calls on the Member States to apply stricter legislation regarding the mistreatment and abandonment of animals, including extraordinary measures to combat abandonment, and to fully and properly investigate reports of inhumane practices and welfare violations vis-à-vis equidae;

34.   Notes that differences exist between equid species and such differences alter welfare needs, including those relating to end-of-life care and slaughter requirements;

35.   Calls on the Commission to undertake a study and to document these differences and issue species-specific guidelines to ensure that welfare standards are maintained;

36.   Calls on the Commission and the Member States to support research and development on species-appropriate husbandry systems in the equid sector, taking into consideration the natural behaviour of equidae as herd animals with a tendency to flee;

37.   Calls on the Commission to prioritise a pilot project to examine the use of new and existing funding schemes to reward good welfare outcomes for working equidae, including those on small and semi-subsistence farms;

38.   Calls on the Member States to ensure that Commission Implementing Regulation (EU) 2015/262 (‘Equine Passport Regulation’) is fully and properly implemented;

39.   Notes that the price of veterinary medicines, the cost of carcass disposal and the cost of euthanasia, where permitted, can serve as a barrier in themselves to the ending of an equid’s life, leading to prolonged suffering;

40.   Calls on the Member States to investigate reports of inhumane practices during euthanasia and welfare violations such as the improper use of drugs and to report violations to the Commission;

41.   Recognises the growth of donkey and horse milk production, and calls on the Commission to issue guidance on donkey and horse milk farming;

42.   Calls on the Member States, in cooperation with professional, representative and recognised agricultural organisations, to commit to increasing the number of inspections on donkey and horse milk farms;

43.   Expresses serious concern about the import and use of veterinary medicinal products containing Pregnant Mare Serum Gonadotropin (PMSG);

44.   Calls on the Commission’s Directorate for Health and Food Audits and Analysis to inspect certified PMSG hormone producers, by means of audits, for compliance with animal welfare provisions during production and to investigate and produce a report on the welfare and treatment of mares used for the collection of hormones for use in the pharmaceutical industry;

45.   Underlines that a fair fiscal system, adapted to the different needs of each Member State, that allows professional equid farmers to generate the necessary revenues to maintain economic activity in European equestrian farms, is not yet in place;

46.   Notes that a fairer fiscal system for the equine sector would enable the sector to operate within a level-playing field, increase the transparency of equid-related activities and thereby combat fraud and address grey-economy issues and allow professional horse farmers to generate the necessary revenues to maintain their economic activity;

47.   Takes the view that VAT law applying to the equine sector should be clarified during the forthcoming revision of the VAT Directive in order to foster the development of a growth- and jobs-oriented equine sector;

48.   Calls on the Commission to take action to afford Member States greater flexibility in setting a reduced rate of VAT for all activities in the industry, and believes that such clarification should result in the establishment of a uniform, dependable and targeted framework for reduced VAT rates that will leave Member States sufficient leeway to frame their own tax policies;

49.   Stresses the differences in health requirements applicable to horsemeat produced in Europe and that imported from third countries;

50.   Recalls the need to establish effective traceability of horsemeat, and stresses that it is desirable to have an equivalent level of health and food safety requirements and conformity of imports for the European consumer irrespective of the origin of horsemeat consumed;

51.   Calls on the Commission, to take action to restore the balance between the level of requirements within the EU and that for which checks are carried out at borders, while protecting consumer health;

52.   Calls on the Commission therefore to make indication of the country of origin mandatory for all processed horsemeat products;

53.   Calls on the Commission to increase the number of audits conducted in slaughterhouses outside the Union which are authorised for the export of equine meat to the EU, and to conditionally suspend the import of equine meat produced in third countries that do not satisfy EU traceability and food safety requirements;

54.   Stresses the need to lift the taboo on the end of life of equidae; considers that facilitating the end of life of a horse does not exclude its entry into the food chain;

55.   Calls on the Commission to pay particular attention to end-of-life care for equidae, including the establishment of maximum residue levels (MRLs) for commonly used veterinary medicines such as Phenylbutazone, to guarantee safety in the food chain;

56.   Calls on the Member States to promote the reintegration into the food chain, by means of a ‘withdrawal period’ system based on scientific research which will make it possible to bring an animal back into the food chain after a medicine has been administered to it for the last time, while protecting consumer health;

57.   Notes that, for equidae that are not destined for the slaughterhouse to produce food for human consumption (registered as ‘not for use in food production’), there is no record in some Member States of any medicines administered and it is possible that they might enter the illegal slaughter circuit and thus seriously endanger public health; calls on the Commission, therefore, to remedy this regulatory loophole;

58.   Calls on the Commission to consider, together with the Federation of European Equine Veterinary Associations (FEEVA), harmonising access to treatment and medication throughout the European territory;

59.   Considers that such harmonisation would have the advantage of avoiding any distortions of competition and facilitating the wider treatment of equid diseases and more effectively relieving the suffering of equidae;

60.   Calls on the Commission and the Member States to promote exchanges of good practices to facilitate rational use of medicines for equidae;

61.   Notes that, while therapy and veterinary medicines are at times necessary and appropriate, more effort is needed to tackle the low levels of investment and the lack of medicines, including vaccines, available to treat equidae;

62.   Draws attention moreover to the need to develop pharmaceutical research and innovation concerning the administration of medicines to equidae, as the sector severely lacks medicines adapted to equid metabolisms;

63.   Calls on the Commission to finance additional research into the possible effects of different medication on the lives of equidae;

64.   Notes that some of the equine races bred in the Member States are local breeds forming part of the way of life and culture of certain communities, and that some Member States have included in their rural development programmes measures to protect and further distribute these breeds;

65.   Calls on the Commission to commit itself to financial support programmes for the preservation and protection of native species of equidae in the wild or in danger of extinction in the EU;

66.   Recognises the high ecological and natural value of populations of wild equidae, which contribute to clearing and fertilising the areas in which they live, along with the tourism-related value that wild horse populations offer, and calls for more research into the problems faced by these populations;

67.   Instructs its President to forward this resolution to the Council and the Commission.

(1) OJ L 84, 31.3.2016, p. 1.
(2) OJ L 3, 5.1.2005, p. 1.
(3) OJ L 303, 18.11.2009, p. 1.
(4) OJ L 221, 8.8.1998, p. 23.
(5) OJ L 59, 3.3.2015, p. 1.
(6) OJ L 347, 20.12.2013, p. 487.
(7) OJ L 347, 20.12.2013, p. 549.
(8)OJ L 335, 14.12.2013, p. 19.
(9) See http://ec.europa.eu/food/animals/docs/aw_eu-strategy_study_edu-info-activ.pdf .
(10) Fédération Equestre Internationale (FEI), FAQs on High Health, High Performance Horse (HHP) Concept adopted at the May 2014 OIE General Session.
(11) Annual Report of the International Federation of Horseracing Authorities.
(12) FEI database, accessed on 22.9.2014.
(13) TRACES database 2012.
(14) World Organisation for Animal Health – Terrestrial Animal Health Code (2016), Chapter 7.12.
(15) Santorini Donkey and Mule Taxis – an Independent Animal Welfare Report for the Donkey Sanctuary, 2013.


Mercury ***I
PDF 251k   DOC 50k
Resolution
Consolidated text
Annex
European Parliament legislative resolution of 14 March 2017 on the proposal for a regulation of the European Parliament and of the Council on mercury, and repealing Regulation (EC) No 1102/2008 (COM(2016)0039 – C8-0021/2016 – 2016/0023(COD) ) (Ordinary legislative procedure: first reading)
P8_TA(2017)0066 A8-0313/2016

The European Parliament,

–   having regard to the Commission proposal to Parliament and the Council (COM(2016)0039 ),

–   having regard to Article 294(2) and Articles 192(1) and 207 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0021/2016 ),

–   having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

–   having regard to Article 294(3) and Article 192(1) of the Treaty on the Functioning of the European Union,

–   having regard to the opinion of the European Economic and Social Committee of 25 May 2016(1) ,

–   after consulting the Committee of the Regions,

–   having regard to the provisional agreement approved by the responsible committee and the undertaking given by the Council representative by letter of 16 December 2016 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

–   having regard to Rules 59 and 39 of its Rules of Procedure,

–   having regard to the report of the Committee on the Environment, Public Health and Food Safety (A8-0313/2016 ),

1.   Adopts its position at first reading hereinafter set out;

2.   Approves the statement by Parliament annexed to this resolution;

3.   Takes note of the statement by the Commission annexed to this resolution;

4.   Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

5.   Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Position of the European Parliament adopted at first reading on 14 March 2017 with a view to the adoption of Regulation (EU) 2017/... of the European Parliament and of the Council on mercury, and repealing Regulation (EC) No 1102/2008

P8_TC1-COD(2016)0023


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2017/852.)

ANNEX TO THE LEGISLATIVE RESOLUTION

STATEMENT BY THE EUROPEAN PARLIAMENT ON THE DRAFT REGULATION ON MERCURY AND REPEALING REGULATION (EC) No 1102/2008 (2016/0023(COD) )

The European Parliament’s acceptance of implementing acts for authorisations of new products or processes in the context of the interinstitutional negotiations on the proposal for a regulation on mercury (2016/0023(COD) ) may not be taken as a precedent for similar files and does not prejudge the upcoming inter-institutional negotiations on delineation criteria for the use of delegated and implementing acts.

STATEMENT BY THE EUROPEAN COMMISSION ON INTERNATIONAL COOPERATION ON MERCURY

The Minamata convention and the new Mercury Regulation are major contributions to protecting citizens from mercury pollution globally and in the EU.

International cooperation should be sustained to ensure successful implementation of the Convention by all Parties and further strengthen its provisions.

The European Commission is therefore committed to supporting continued cooperation, in accordance with the Convention and subject to applicable EU policies, rules and procedures, inter alia undertaking work in the following areas:

–   Narrowing the gap between EU law and the provisions of the Convention through the review clause of the list of prohibited mercury-added products;

–   In the context of the provisions of the Convention on financing, capacity building and technology transfer, activities such as improving traceability of mercury trade and use, promoting certification of mercury-free artisanal and small-scale gold mining and mercury-free labels for gold, and increasing the capacity of developing countries including in the area of mercury waste management.

(1)OJ C 303, 19.8.2016, p. 122.


Long-term shareholder engagement and corporate governance statement ***I
PDF 240k   DOC 47k
Resolution
Consolidated text
European Parliament legislative resolution of 14 March 2017 on the proposal for a directive of the European Parliament and of the Council amending Directive 2007/36/EC as regards the encouragement of long-term shareholder engagement and Directive 2013/34/EU as regards certain elements of the corporate governance statement (COM(2014)0213 – C7-0147/2014 – 2014/0121(COD) ) (Ordinary legislative procedure: first reading)
P8_TA(2017)0067 A8-0158/2015

The European Parliament,

–   having regard to the Commission proposal to Parliament and the Council (COM(2014)0213 ),

–   having regard to Article 294(2) and Articles 50 and 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0147/2014 ),

–   having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–   having regard to the opinion of the European Economic and Social Committee of 9 July 2014(1) ,

–   having regard to the provisional agreement approved by the responsible committee under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 16 December 2016 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

–   having regard to Rule 59 of its Rules of Procedure,

–   having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Economic and Monetary Affairs (A8‑0158/2015 ),

1.   Adopts its position at first reading hereinafter set out(2) ;

2.   Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

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

Position of the European Parliament adopted at first reading on 14 March 2017 with a view to the adoption of Directive (EU) 2017/... of the European Parliament and of the Council amending Directive 2007/36/EC as regards the encouragement of long-term shareholder engagement

P8_TC1-COD(2014)0121


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive (EU) 2017/828.)

(1) OJ C 451, 16.12.2014, p. 87.
(2) This position replaces the amendments adopted on 8 July 2015 (Texts adopted, P8_TA(2015)0257 ).


Control of the acquisition and possession of weapons ***I
PDF 248k   DOC 62k
Resolution
Consolidated text
Annex
European Parliament legislative resolution of 14 March 2017 on the proposal for a directive of the European Parliament and of the Council amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons (COM(2015)0750 – C8-0358/2015 – 2015/0269(COD) ) (Ordinary legislative procedure: first reading)
P8_TA(2017)0068 A8-0251/2016

The European Parliament,

–   having regard to the Commission proposal to Parliament and the Council (COM(2015)0750 ),

–   having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0358/2015 ),

–   having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–   having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Polish Senate and the Swedish Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity,

–   having regard to the opinion of the European Economic and Social Committee of 27 April 2016(1) ,

–   having regard to the provisional agreement approved by the responsible committee under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 20 December 2016 to approve Parliament's position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

–   having regard to Rule 59 of its Rules of Procedure,

–   having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A8-0251/2016 ),

1.   Adopts its position at first reading hereinafter set out;

2.   Takes note of the Commission statement annexed to this resolution;

3.   Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

4.   Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Position of the European Parliament adopted at first reading on 14 March 2017 with a view to the adoption of Directive (EU) 2017/... of the European Parliament and of the Council amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons

P8_TC1-COD(2015)0269


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive (EU) 2017/853.)

ANNEX TO THE LEGISLATIVE RESOLUTION

COMMISSION STATEMENT

The Commission recognises the importance of a well-functioning standard for deactivation, which contributes to improved levels of safety and gives authorities reassurance that deactivated weapons are properly and effectively deactivated.

The Commission will, therefore, accelerate the work on the revision of the deactivation criteria conducted by national experts in the Committee established under Directive 91/477/EEC in order to allow the Commission to adopt, by the end of May 2017, in accordance with the committee procedure established by Directive 91/477/EEC, subject to a positive opinion by national experts, a Commission Implementing Regulation amending Commission Implementing Regulation (EU) 2015/2403 of 15 December 2015 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable. The Commission calls on the Member States to fully support the acceleration of this work.

(1) OJ C 264, 20.7.2016, p. 77.


End-of-life vehicles, waste batteries and accumulators and waste electrical and electronic equipment ***I
PDF 408k   DOC 51k
Amendments adopted by the European Parliament on 14 March 2017 on the proposal for a directive of the European Parliament and of the Council amending Directives 2000/53/EC on end-of-life vehicles, 2006/66/EC on batteries and accumulators and waste batteries and accumulators, and 2012/19/EU on waste electrical and electronic equipment (COM(2015)0593 – C8-0383/2015 – 2015/0272(COD) ) (1) (Ordinary legislative procedure: first reading)
P8_TA(2017)0069 A8-0013/2017
Text proposed by the Commission   Amendment
Amendment 1
Proposal for a directive
Recital 1
(1)   Waste management in the Union should be improved, with a view to protecting, preserving and improving the quality of the environment, protecting human health, ensuring prudent and rational utilisation of natural resources and promoting a more circular economy.
(1)   Waste management in the Union should be improved, with a view to protecting, preserving and improving the quality of the environment, protecting human health, ensuring prudent and efficient use of natural resources and promoting the principles of the circular economy.
Amendment 2
Proposal for a directive
Recital 1 a (new)
(1a)   A clean, effective and sustainable circular economy requires the removal of hazardous substances from products at the design stage and in this context circular economy should recognise explicit provisions in the Seventh Environment Action Programme which calls for the development of non-toxic material cycles so that recycled waste can be used as a major, reliable source of raw material for the Union.
Amendment 3
Proposal for a directive
Recital 1 b (new)
(1b)   It is necessary to ensure the effective and low energy consumption management of secondary raw materials, and priority should be given to R&D efforts towards that objective. The Commission should also consider putting forward a proposal on the classification of waste to support the creation of a Union secondary raw materials market.
Amendment 4
Proposal for a directive
Recital 1 c (new)
(1c)   Once recycled material re-enters the economy as it receives end-of-waste status, either by complying with specific end-of-waste criteria or being incorporated in a new product, it is required to be fully compliant with Union chemicals legislation.
Amendment 5
Proposal for a directive
Recital 2 a (new)
(2a)   The industrial landscape has substantially changed in recent years, as a result of technology advances and of increasing globalised flows of merchandise. Those factors pose new challenges to the management and treatment of waste that is environmentally responsible that should be addressed by a combination of increased research efforts and of targeted regulatory tools. Planned obsolescence is an expanding issue, intrinsically contradictory with the goals of a circular economy, and therefore should be addressed with the objective of rooting it out, through a concerted effort of all main stakeholders, industry, customers and regulatory authorities.
Amendment 6
Proposal for a directive
Recital 3
(3)   Statistical data reported by Member States are essential for the Commission to assess compliance with waste legislation across the Member States. The quality, reliability and comparability of statistics should be improved by introducing a single entry point for all waste data, deleting obsolete reporting requirements, benchmarking national reporting methodologies and introducing a data quality check report.
(3)   Data and information reported by Member States are essential for the Commission to assess compliance with waste legislation across the Member States. The quality, reliability and comparability of reported data should be improved by establishing a common methodology for collection and processing of data based on reliable sources and by introducing a single entry point for all waste data, deleting obsolete reporting requirements, benchmarking national reporting methodologies and introducing a data quality check report. Reliable reporting of data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among Member States. Therefore, when reporting on the achievement of the targets set out in these Directives, Member States should use the common methodology developed by the Commission in cooperation with the national statistical offices of Member States and the national authorities responsible for waste management.
Amendment 7
Proposal for a directive
Recital 3 a (new)
(3a)   Member States should ensure that the separate collection of Waste Electrical and Electronic Equipment (WEEE) is followed by proper treatment. To ensure a level playing field and compliance with waste legislation and the concept of the circular economy, the Commission should develop common standards for the treatment of WEEE, as mandated by Directive 2012/19/EU.
Amendment 8
Proposal for a directive
Recital 4
(4)   Reliable reporting of statistical data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among a level playing field between Member States. Therefore, when preparing the reports on compliance with the targets set out in these Directives, Member States should be required to use the most recent methodology developed by the Commission and the national statistical offices of the Member States.
(4)   Reliable reporting of statistical data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among a level playing field between Member States. Therefore, when preparing the reports on compliance with the targets set out in these Directives, Member States should be required to use the common methodology for data collection and processing developed by the Commission in cooperation with the national statistical offices of the Member States.
Amendment 9
Proposal for a directive
Recital 4 a (new)
(4a)   In order to help achieve the targets laid down in this Directive and to help boost the transition to a circular economy, the Commission should promote the coordination and exchange of information and best practices between Member States and between different sectors of the economy. That exchange could be facilitated through communication platforms that could help raise awareness of new industrial solutions and allow for a better overview of available capacities and would contribute to connecting the waste industry and other sectors and to support industrial symbiosis.
Amendment 10
Proposal for a directive
Recital 4 b (new)
(4b)   The waste hierarchy laid down in Directive 2008/98/EC applies as an order of priority in Union waste prevention and management law. That hierarchy therefore applies in the context of end-of-life vehicles, batteries and accumulators and waste batteries and accumulators, and waste electrical and electronic equipment. When complying with the objective of this Directive, Member States should take the necessary measures to take the waste hierarchy priorities into account and ensure the practical implementation of those priorities.
Amendment 11
Proposal for a directive
Recital 5 a (new)
(5a)   Since there is a growing need to handle and recycle waste within the Union, in line with the circular economy, emphasis should be given to ensuring that the shipment of waste is in line with the principles and requirements of Union environmental law, in particular the principle of proximity , priority for recovery and self-sufficiency. The Commission should examine the desirability of introducing a one-stop-shop for the administrative procedure for shipments of waste, with a view to reducing administrative burdens. Member States should take the necessary measures to prevent illegal shipment of waste.
Amendment 12
Proposal for a directive
Recital 7a (new)
(7a)   In order to supplement certain non-essential elements of Directive 2000/53/EC and Directive 2012/19/EU, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the common methodology for data collection and processing and of the format for reporting data concerning the implementation of reuse and recovery targets for end-of life vehicles under Directive 2000/53/EC and the methodology for data collection and processing and the format for reporting data concerning the implementation of the targets laid down for collection and recovery of electrical and electronic equipment under Directive 2012/19/EU. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 13
Proposal for a directive
Recital 7 b (new)
(7b)   In order to lay down the methodology for data collection and processing and the format for reporting data for batteries and accumulators and waste batteries and accumulators, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law‑Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 14
Proposal for a directive
Article 1 – paragraph -1 (new)
Directive 2000/53/EC
Article 6 – paragraph 1
In Article 6, paragraph 1 is replaced by the following:
"1. Member States shall take the necessary measures to ensure that all end-of life vehicles are stored (even temporarily) and treated in accordance with the general requirements laid down in Article 4 of Directive 75/442/EEC, and in compliance with the minimum technical requirements set out in Annex I to this Directive, without prejudice to national regulations on health and environment."
"1. Member States shall take the necessary measures to ensure that all end-of life vehicles are stored (even temporarily) and treated in accordance with the waste hierarchy priorities and the general requirements laid down in Article 4 of Directive 75/442/EEC, and in compliance with the minimum technical requirements set out in Annex I to this Directive, without prejudice to national regulations on health and environment."
Amendment 15
Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2000/53/EC
Article 9 – paragraph 1 a
1a.   Member States shall report the data concerning the implementation of Article 7(2) for each calendar year to the Commission. They shall report this data electronically within 18 months of the end of the reporting year for which the data are collected. The data shall be reported in the format established by the Commission in accordance with paragraph 1d. The first report shall cover the data for the period from 1 January [enter year of transposition of this Directive + 1 year] to 31 December [enter year of transposition of this Directive + 1 year].
1a.   Member States shall report the data concerning the implementation of Article 7(2) for each calendar year to the Commission. They shall collect and process this data in accordance with the common methodology referred to in paragraph 1d of this Article and report it electronically within 12 months of the end of the reporting year for which the data are collected. The data shall be reported in the format established by the Commission in accordance with paragraph 1d.
Amendment 16
Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2000/53/EC
Article 9 – paragraph 1 c
1c.   The Commission shall review the data reported in accordance with this Article and publish a report on the results of its review. The report shall assess of the organisation of the data collection, the sources of data and the methodology used in Member States as well as the completeness, reliability, timeliness and consistency of that data. The assessment may include specific recommendations for improvement. The report shall be drawn up every three years.
1c.   The Commission shall review the data reported in accordance with this Article and publish a report on the results of its review. Until the common methodology for data collection and processing referred to in paragraph 1d is established, the report shall assess the organisation of the data collection, the sources of data and the methodology used in Member States. The Commission shall also assess the completeness, reliability, timeliness and consistency of that data. The assessment may include specific recommendations for improvement. The report shall be drawn up every three years.
Amendment 17
Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2000/53/EC
Article 9 – paragraph 1 ca (new)
1ca.   In the report, the Commission may include information about the implementation of this Directive as a whole and its impact on the environment and human health. If appropriate, a legislative proposal to amend this Directive shall accompany that report.
Amendment 18
Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2000/53/EC
Article 9 – paragraph 1 d
1d.   The Commission shall adopt implementing acts laying down the format for reporting data in accordance with paragraph 1a. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 11(2).
1d.   The Commission shall adopt delegated acts in order to supplement this Directive by laying down the common methodology for data collection and processing and the format for reporting data in accordance with paragraph 1a.
Amendment 19
Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2000/53/EC
Article 9 – paragraph 1 da (new)
1da.   By 31 December 2018, in the context of the Circular Economy Action Plan and in view of the Union’s commitment to make the transition towards a circular economy, the Commission shall review this Directive as a whole and in particular its scope and the targets, based on an impact assessment and shall take into account the Union's circular economy policy objectives and initiatives. A special focus shall be on shipments of used vehicles that are suspected to be end-of-life vehicles. For that purpose, the Correspondents' Guidelines No 9 on shipments of end-of-life vehicles shall be used. The Commission shall also examine the possibility of setting resource specific targets, in particular for critical raw materials. That review shall be accompanied by a legislative proposal, if appropriate.
Amendment 20
Proposal for a directive
Article 1 – paragraph 1 a (new)
Directive 2000/53/EC
Article 9 a (new)
The following Article is inserted:
“Article 9a
Instruments to promote a shift to a more circular economy
In order to contribute to the objectives laid down in this Directive, Member States shall make use of adequate economic instruments and shall take other measures to provide incentives for the application of the waste hierarchy. Such instruments and measures may include those indicated in Annex IVa in Directive 2008/98/EC.”
Amendment 21
Proposal for a directive
Article 2 – paragraph 1 – point 1 a (new)
Directive 2006/66/EC
Article 22 a (new)
(1a)   The following Article is inserted:
“Article 22a
Data
1.   The data reported by the Member State in accordance with Articles 10 and 12 shall be accompanied by a quality check report.
2.   The Commission shall adopt delegated acts in accordance with Article 23a in order to supplement this Directive by establishing methodology for data collection and processing and the format of reporting.”
Amendment 22
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point -a (new)
Directive 2006/66/EC
Article 23 – title
(-a)   In Article 23, the title is replaced by the following:
"Review "
"Reporting and review "
Amendment 23
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Directive 2006/66/EC
Article 23 –paragraph 1
1.   The Commission shall draw up a report on the implementation of this Directive and its impact on the environment and the functioning of the internal market by the end of 2016 at the latest.
1.   The Commission shall draw up a report on the implementation of this Directive and its impact on the environment and the functioning of the internal market by the end of 2016 at the latest and once every three years thereafter .
Amendment 24
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point b a (new)
Directive 2006/66/EC
Article 23 – paragraph 3 a (new)
(ba)   The following paragraph is added:
“3a. By 31 December 2018, in the context of Circular Economy Action Plan and in view of the Union’s commitment to make the transition towards a circular economy, the Commission shall review this Directive as a whole and in particular its scope and the targets, based on an impact assessment. That review shall take into account the Union's circular economy policy objectives and initiatives, and the technical development of new types of batteries that do not use hazardous substances, in particular no heavy or other metals or metal ions. The Commission shall also examine the possibility of setting resource specific targets, in particular for critical raw materials. That review shall be accompanied by a legislative proposal, if appropriate.”
Amendment 25
Proposal for a directive
Article 2 – paragraph 1 – point 2 a (new)
Directive 2006/66/EC
Article 23 aa (new)
(2a)   The following Article is inserted:
“Article 23aa
Instruments to promote a shift to a more circular economy
In order to contribute to the objectives laid down in this Directive, Member States shall make use of adequate economic instruments and shall take other measures to provide incentives for the application of the waste hierarchy. Such instruments and measures may include those indicated in Annex IVa in Directive 2008/98/EC.”
Amendment 27
Proposal for a directive
Article 3 – paragraph 1 – point -1 (new)
Directive 2012/19/EU
Article 8 – paragraph 5 – subparagraph 4
(-1)   In Article 8 paragraph 5, subparagraph 4 is replaced by the following:
"In order to ensure uniform conditions for the implementation of this Article, the Commission may adopt implementing acts laying down minimum quality standards based in particular on the standards developed by the European standardisation organisations . Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21(2)."
“In order to ensure uniform conditions for the implementation of this Article, and in line with the mandate in Directive 2012/19/EU, the Commission shall adopt implementing acts laying down minimum quality standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21(2).”
Amendment 28
Proposal for a directive
Article 3 – paragraph 1 – point 1 – point b
Directive 2012/19/EU
Article 16 – paragraph 5a
5a.   Member States shall report the data concerning the implementation of Article 16(4) for each calendar year to the Commission. They shall report this data electronically within 18 months of the end of the reporting year for which the data are collected. The data shall be reported in the format established by the Commission in accordance with paragraph 5d. The first report shall cover the data for the period from 1 January [enter year of transposition of this Directive + 1 year] to 31 December [enter year of transposition of this Directive + 1 year].
5a.   Member States shall report the data concerning the implementation of Article 16(4) for each calendar year to the Commission. They shall collect and process this data in accordance with the common methodology referred to paragraph 5d of this Article and report it electronically within 12 months of the end of the reporting year for which the data are collected. Member States shall ensure that data from all actors collecting or treating WEEE are reported. The data shall be reported in the format established by the Commission in accordance with paragraph 5d.
Amendment 29
Proposal for a directive
Article 3 – paragraph 1 – point 1 – point b
Directive 2012/19/EU
Article 16 – paragraph 5c
5c.   The Commission shall review the data reported in accordance with this Article and publish a report on the results of its review. The report shall cover an assessment of the organisation of the data collection, the sources of data and the methodology used in Member States as well as the completeness, reliability, timeliness and consistency of that data. The assessment may include specific recommendations for improvement. The report shall be drawn up every three years.
5c.   The Commission shall review the data reported in accordance with this Article and publish a report on the results of its review. Until the common methodology for data collection and processing referred to in paragraph 5d is established, the report shall cover an assessment of the organisation of the data collection, the sources of data and the methodology used in Member States. The Commission shall also assess the completeness, reliability, timeliness and consistency of that data. The assessment may include specific recommendations for improvement. The report shall be drawn up every three years.
Amendment 30
Proposal for a directive
Article 3 – paragraph 1 – point 1 – point b
Directive 2012/19/EU
Article 16 – paragraph 5ca (new)
5ca.   In the report, the Commission shall include information about the implementation of the Directive as a whole and its impact on the environment and human health. If appropriate, a legislative proposal to amend this Directive shall accompany that report.
Amendment 31
Proposal for a directive
Article 3 – paragraph 1 – point 1 – point b
Directive 2012/19/EU
Article 16 – paragraph 5 d
5d.   The Commission shall adopt implementing acts laying down the format for reporting data in accordance with paragraph 5a. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 21(2) .
5d.   The Commission shall adopt delegated acts in accordance with Article 20 in order to supplement this Directive by laying down the common methodology for data collection and processing and the format for reporting data in accordance with paragraph 5a.
Amendment 32
Proposal for a directive
Article 3 – paragraph 1 – point 1 – point b
Directive 2012/19/EU
Article 16 – paragraph 5 da (new)
5da.   During the review referred to in paragraph 5c, in the context of Circular Economy Action Plan and in view of the Union’s commitment to make the transition towards a circular economy, the Commission shall review this Directive as a whole and in particular its scope and the targets, based on an impact assessment and take into account the Union's circular economy policy objectives and initiatives. The Commission shall examine the possibility of setting resource specific targets, in particular for critical raw materials. That review shall be accompanied by a legislative proposal, if appropriate.
Amendment 33
Proposal for a directive
Article 3 – paragraph 1 – point 1 a (new)
Directive 2012/19/EU
Article 16 a (new)
(1a)   The following Article is inserted:
“Article 16a
Instruments to promote a shift to a more circular economy
In order to contribute to the objectives laid down in this Directive, Member States shall make use of adequate economic instruments and shall take other measures to provide incentives for the application of the waste hierarchy. Such instruments and measures may include those indicated in Annex IVa in Directive 2008/98/EC.”

(1) The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A8-0013/2017 ).


Waste ***I
PDF 923k   DOC 160k
Amendments adopted by the European Parliament on 14 March 2017 on the proposal for a directive of the European Parliament and of the Council amending Directive 2008/98/EC on waste (COM(2015)0595 – C8-0382/2015 – 2015/0275(COD) ) (1) (Ordinary legislative procedure: first reading)
P8_TA(2017)0070 A8-0034/2017
Text proposed by the Commission   Amendment
Amendment 1
Proposal for a directive
Recital -1 (new)
(-1)   The aim of this Directive is to lay down measures to protect the environment and human health by preventing or reducing the adverse impacts of the generation and management of waste, by reducing overall impacts of resource use and improving the efficiency of such use and by ensuring waste is valued as a resource with a view to contributing to a circular economy in the Union.
Amendment 2
Proposal for a directive
Recital -1 a (new)
(-1a)   In view of the Union’s dependence on the import of raw materials and the rapid depletion of a significant amount of natural resources over the short term, it is a key challenge to reclaim as many resources as possible within the Union and to enhance the transition towards a circular economy.
Amendment 3
Proposal for a directive
Recital -1 b (new)
(-1b)   The circular economy offers important opportunities for local economies and offers the potential to create a win-win situation for all stakeholders involved.
Amendment 4
Proposal for a directive
Recital -1 c (new)
(-1c)   Waste management should be transformed into sustainable material management. The revision of Directive 2008/98/EC offers an opportunity to that end.
Amendment 5
Proposal for a directive
Recital -1 d (new)
(-1d)   In order to move successfully towards a circular economy, the full implementation of the action plan on "Closing the loop - An EU action plan for the Circular Economy" is necessary in addition to the revision and full implementation of the Waste Directives. The action plan should also increase the coherence, consistency and synergies between the circular economy and energy, climate, agriculture, industry and research policies.
Amendment 6
Proposal for a directive
Recital -1 e (new)
(-1e)   On 9 July 2015, the European Parliament adopted a resolution on “Resource efficiency: moving towards a circular economy” 1a in which it stressed in particular the need to set binding waste reduction targets, develop waste prevention measures and lay down clear and unambiguous definitions.
_______________
1a Texts adopted, P8_TA(2015)0266 .
Amendment 7
Proposal for a directive
Recital 1
(1)   Waste management in the Union should be improved, with a view to protecting, preserving and improving the quality of the environment, protecting human health, ensuring prudent and rational utilisation of natural resources and promoting a more circular economy.
(1)   Waste management in the Union should be improved, with a view to protecting, preserving and improving the quality of the environment, protecting human health, ensuring prudent and efficient utilisation of natural resources, promoting the principles of the circular economy, enhancing the diffusion of renewable energy, increasing energy efficiency, reducing the dependence of the Union on imported resources, providing new economic opportunities and long-term competitiveness. In order to make the economy truly circular, it is necessary to take additional measures on sustainable production and consumption, focusing on the whole life cycle of products in a way that preserves resources and closes the loop. Using resources more efficiently would also bring substantial net savings for Union businesses, public authorities and consumers while reducing total annual greenhouse gas emissions .
Amendment 8
Proposal for a directive
Recital 1 a (new)
(1a)   Increased efforts to move towards a circular economy could generate a two to four per cent reduction of greenhouse gas emissions per year, offering a clear incentive to invest in a circular economy. Raising resource productivity through improved efficiency and reducing resource waste can greatly lower both resource consumption and greenhouse gases emissions. Therefore, circular economy should be an integral part of climate policy as it creates synergies as highlighted in the reports of the International Resource Panel.
Amendment 9
Proposal for a directive
Recital 1 b (new)
(1b)   The circular economy should take into account explicit provisions in the 7th Environment Action Programme, which calls for the development of non-toxic material cycles so that recycled waste can be used as a major and reliable source of raw material for the Union.
Amendment 10
Proposal for a directive
Recital 2
(2)   The targets laid down in Directive 2008/98/EC of the European Parliament and of the Council14 for preparing for re-use and recycling of waste should be amended to make them better reflect the Union's ambition to move to a circular economy.
(2)   The targets laid down in Directive 2008/98/EC of the European Parliament and of the Council14 for preparing for re-use and recycling of waste should be increased to make them better reflect the Union's ambition to move to a resource efficient circular economy, by taking the necessary measures to ensure that waste is considered as a useful resource .
__________________
__________________
14 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
14 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
Amendment 11
Proposal for a directive
Recital 3
(3)   Many Member States have yet to develop the necessary waste management infrastructure. It is therefore essential to set long-term policy objectives in order to guide measures and investments, notably by preventing the creation of structural overcapacities for the treatment of residual waste and lock-ins of recyclable materials at the bottom of the waste hierarchy.
(3)   Many Member States have yet to develop the necessary waste management infrastructure. It is therefore essential to set long-term policy objectives and to grant financial and political support in order to guide measures and investments, notably by preventing the creation of structural overcapacities for the treatment of residual waste, and lock-ins of recyclable materials at the lower levels of the waste hierarchy. In that context, in order to meet the relevant targets, it is essential to use the European Structural and Investment Funds to finance the development of the waste management infrastructure needed for prevention, re-use and recycling. It is also essential for Member States to amend their existing waste prevention programmes in accordance with this Directive and to adapt their investments accordingly.
Amendment 12
Proposal for a directive
Recital 4
(4)   Municipal waste constitutes approximately between 7 and 10% of the total waste generated in the Union; however, this waste stream is amongst the most complex ones to manage, and the way it is managed generally gives a good indication of the quality of the overall waste management system in a country. The challenges of municipal waste management result from its highly complex and mixed composition, direct proximity of the generated waste to citizens, and a very high public visibility. As a result, its management involves a need for a highly complex waste management system including an efficient collection scheme, a need to actively engage citizens and businesses, a need for infrastructure adjusted to the specific waste composition, and an elaborate financing system. Countries which have developed efficient municipal waste management systems generally perform better in overall waste management.
(4)   Municipal waste constitutes approximately between 7 and 10% of the total waste generated in the Union; however, this waste stream is amongst the most complex ones to manage, and the way it is managed generally gives a good indication of the quality of the overall waste management system in a country. The challenges of municipal waste management result from its highly complex and mixed composition, direct proximity of the generated waste to citizens, a very high public visibility and its impact on the environment and human health. As a result, its management involves a need for a highly complex waste management system including an efficient collection scheme, an effective sorting system, a proper tracing of waste streams, a need to actively engage citizens and businesses, a need for infrastructure adjusted to the specific waste composition, and an elaborate financing system. Countries which have developed efficient municipal waste management systems generally perform better in overall waste management, including the achievement of the recycling targets . However, proper management of municipal waste alone is not enough to boost the transition to a circular economy in which waste is considered a resource. A life-cycle approach to products and waste is necessary to ignite this transition.
Amendment 13
Proposal for a directive
Recital 4 a (new)
(4a)   Experience has shown that both publicly and privately run systems can help to achieve a circular economy system, and the decision of whether or not to use a given system frequently depends on geographical and structural conditions. The rules laid down in this Directive allow both for a system whereby the municipality has the general responsibility for collecting municipal waste and for a system in which such services are contracted out to private operators. The choice to switch between those systems should be the responsibility of the Member States.
Amendment 14
Proposal for a directive
Recital 5
(5)   Definitions of municipal waste, construction and demolition waste, the final recycling process, and backfilling need to be included in Directive 2008/98/EC so that the scope of these concepts is clarified.
(5)   Definitions of municipal waste, commercial and industrial waste, construction and demolition waste, preparation for re-use operator, organic recycling, final recycling process, backfilling, sorting, litter and food waste need to be included in Directive 2008/98/EC so that the scope of these concepts is clarified.
Amendment 15
Proposal for a directive
Recital 5 a (new)
(5a)   Based on Member State notifications and developments in the case-law of the Court of Justice of the European Union, the Commission should periodically review the Guidance on the interpretation of the key provisions of Directive 2008/98/EC, in order to improve, align and harmonise the concepts of waste and by-products across Member States.
Amendment 16
Proposal for a directive
Recital 5 b (new)
(5b)   The coherence between Directive 2008/98/EC and related Union legislative acts such as Directive 2009/28/EC of the European Parliament and of the Council 1a and Regulation (EC) No 1907/2006 of the European Parliament and of the Council 1b needs to be ensured. In particular, coherent interpretation and application of the definitions of "waste", "waste hierarchy" and "by-product" needs to be ensured under those legislative acts.
_________________
1a Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (OJ L 140, 5.6.2009, p. 16).
1b Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).
Amendment 17
Proposal for a directive
Recital 5 c (new)
(5c)   Hazardous and non-hazardous waste should be identified in accordance with Commission Decision 2014/955/EU 1a and Commission Regulation (EU) No 1357/2014 1b .
______________
1a Commission Decision 2014/955/EU of 18 December 2014 amending Decision 2000/532/EC on the list of waste pursuant to Directive 2008/98/EC of the European Parliament and of the Council (OJ L 370, 30.12.2014, p. 44).
1b Commission Regulation (EU) No 1357/2014 of 18 December 2014 replacing Annex III to Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives (OJ L 365, 19.12.2014, p. 89).
Amendment 18
Proposal for a directive
Recital 6
(6)   To ensure that recycling targets are based on reliable and comparable data and to enable more effective monitoring of progress in attaining those targets, the definition of municipal waste in Directive 2008/98/EC should be in line with the definition used for statistical purposes by the European Statistical Office and the Organisation for Economic Co-operation and Development, on the basis of which Member States have been reporting data for several years. The definition of municipal waste in this Directive is neutral with regard to the public or private status of the operator managing waste.
(6)   To ensure that recycling targets are based on reliable and comparable data and to enable more effective monitoring of progress in attaining those targets, the definition of municipal waste in Directive 2008/98/EC should be aligned to the definition used for statistical purposes by the European Statistical Office and the Organisation for Economic Co-operation and Development, on the basis of which Member States have been reporting data for several years. The definition of municipal waste in this Directive is neutral with regard to the public or private status of the operator managing waste.
Amendment 19
Proposal for a directive
Recital 7
(7)   Member States should put in place adequate incentives for the application of the waste hierarchy, in particular, by means of financial incentives aimed at achieving the waste prevention and recycling objectives of this Directive, such as landfill and incineration charges, pay as you throw schemes, extended producer responsibility schemes and incentives for local authorities.
(7)   Member States should put in place adequate incentives for the application of the waste hierarchy, in particular, by means of financial, economic and regulatory incentives aimed at achieving the waste prevention and recycling objectives of this Directive, such as landfill and incineration charges, pay as you throw schemes, extended producer responsibility schemes, facilitation of food donation and incentives for local authorities. In order to contribute to the objectives laid down in this Directive, Member States are able to make use of economic instruments or measures such as those set out in the indicative list in the Annex to this Directive. Member States should also take measures to help achieve a high quality of sorted materials.
Amendment 20
Proposal for a directive
Recital 7 a (new)
(7a)   Member States should introduce measures to encourage the development, production and marketing of products that are suitable for multiple use, that are technically durable and easily repairable and that are, after having become waste and been prepared for re-use or recycled, suitable to be placed on the market in order to facilitate proper implementation of the waste hierarchy. Those measures should take into account the impact of products throughout their life cycle and the waste hierarchy.
Amendment 21
Proposal for a directive
Recital 8
(8)   In order to provide operators in markets for secondary raw materials with more certainty as to the waste or non-waste status of substances or objects and promote a level playing field, it is important to establish at the Union level harmonized conditions for substances or objects to be recognised as by-products and for waste that has undergone a recovery operation to be recognised as having ceased to be waste. Where necessary to ensure the smooth functioning of the internal market or a high level of environmental protection across the Union, the Commission should be empowered to adopt delegated acts establishing detailed criteria on the application of such harmonized conditions to certain waste, including for a specific use.
(8)   In order to provide operators in markets for secondary raw materials with more certainty as to the waste or non-waste status of substances or objects and promote a level playing field, it is important to establish clear rules for substances or objects to be recognised as by-products and for waste that has undergone a recovery operation to be recognised as having ceased to be waste.
Amendment 22
Proposal for a directive
Recital 8 a (new)
(8a)   In order to ensure the smooth functioning of the internal market, a substance or an object resulting from a production process the primary aim of which is not the production of that substance or object should be considered, as a general rule, to be a by-product if certain harmonised conditions are respected and a high level of environmental and human health protection across the Union is ensured. The Commission should be empowered to adopt delegated acts in order to establish detailed criteria on the application of the by-product status, prioritising the existing and replicable practices of industrial and agricultural symbiosis. In the absence of such criteria, Member States should be allowed, on a case-by-case basis only, to establish detailed criteria on the application of by-product status.
Amendment 23
Proposal for a directive
Recital 8 b (new)
(8b)   In order to ensure the smooth functioning of the internal market and a high level of environmental and human health protection across the Union, the Commission should, as a general rule, be empowered to adopt delegated acts establishing harmonised provisions related to the end-of-waste status to certain types of waste. Specific end-of-waste criteria should be considered at least for aggregates, paper, glass, metal, tyres and textiles. Where criteria have not been set at a Union level, Member States should be allowed to establish detailed end-of-waste criteria at national level for certain waste in accordance with conditions set at Union level. Where such detailed criteria have not been established either at national level, Member States should ensure that waste, which has undergone a recovery operation, is considered to have ceased to be waste if it complies with the Union level conditions which should be verified on a case-by-case basis by the competent authority in the Member State. The Commission should be empowered to adopt delegated acts in order to supplement this Directive by establishing general requirements to be followed by Member States when they adopt technical regulations under Article 6.
Amendment 24
Proposal for a directive
Recital 8 c (new)
(8c)   Once recycled material re-enters the economy due to it receiving end-of-waste status, either by complying with specific end-of-waste criteria or by being incorporated in a new product, it is required to be fully compliant with Union chemicals law.
Amendment 25
Proposal for a directive
Recital 8 d (new)
(8d)   The transition to a circular economy should take full advantage of digital innovation. To that end, electronic tools such as an online platform for trading waste as new resources should be developed, with the aim of making trading operations easier and of reducing the administrative burden for operators, thus enhancing industrial symbiosis.
Amendment 26
Proposal for a directive
Recital 8 e (new)
(8e)   Extended producer responsibility provisions in this Directive aim to support the design and production of goods which take fully into account and facilitate the efficient use of resources during the whole life cycle of the products, including their repair, re-use, disassembly and recycling, without compromising the free circulation of goods in the internal market. Extended producer responsibility is an individual obligation on producers who should be accountable for the end-of-life management of products that they place on the market. Producers should be able, however, to assume their responsibility individually or collectively. Member States should ensure the establishment of extended producer responsibility schemes for at least packaging, electrical and electronic equipment, batteries and accumulators, and end-of-life vehicles.
Amendment 27
Proposal for a directive
Recital 8 f (new)
(8f)   Extended producer responsibility schemes should be understood a as set of rules established by Member States to ensure that producers of products bear the financial and/or operational responsibility for the management of the post-consumer stage of a product’s life cycle. Those rules should not prevent producers from fulfilling those obligations either individually or collectively.
Amendment 28
Proposal for a directive
Recital 9
(9)   Extended producer responsibility schemes form an essential part of efficient waste management, but their effectiveness and performance differ significantly between Member States. Thus, it is necessary to set minimum operating requirements for extended producer responsibility. Those requirements should reduce costs and boost performance, as well as ensure a level-playing field, including for small and medium sized enterprises, and avoid obstacles to the smooth functioning of the internal market. They should also contribute to the incorporation of end-of-life costs into product prices and provide incentives for producers to take better into account recyclability and reusability when designing their products . The requirements should apply to both new and existing extended producer responsibility schemes. A transitional period is however necessary for existing extended producer responsibility schemes to adapt their structures and procedures to the new requirements.
(9)   Extended producer responsibility schemes form an essential part of efficient waste management, but their effectiveness and performance differ significantly between Member States. Thus, it is necessary to set minimum operating requirements for extended producer responsibility schemes, be they individual or collective. It is necessary to make a distinction between those minimum requirements that apply to all schemes and those that only apply to collective schemes. Nevertheless, all those requirements should reduce costs and boost performance by measures such as facilitating better implementation of separate collection and sorting, ensuring better quality recycling, helping secure access to secondary raw material in a cost-efficient manner, as well as ensure a level-playing field, including for small and medium sized enterprises and e-commerce enterprises and avoid obstacles to the smooth functioning of the internal market. Those requirements should also contribute to the incorporation of end-of-life costs into product prices and provide incentives for producers to develop smart business models and to take into account the waste hierarchy when designing their products through the stimulation of durability, recyclability, reusability and reparability. They should encourage the progressive substitution of substances of very high concern as defined in Article 57 of Regulation (EC) No 1907/2006 if there are suitable alternative substances or technologies that are economically and technically viable. The implementation of the minimum requirements for extended producer responsibility should be supervised by independent authorities and should not create any disproportionate financial or administrative burden for public bodies, economic operators and consumers. The requirements should apply to both new and existing extended producer responsibility schemes. A transitional period is however necessary for existing extended producer responsibility schemes to adapt their structures and procedures to the new requirements.
Amendment 29
Proposal for a directive
Recital 9 a (new)
(9a)   The provisions of this Directive on extended producer responsibility should apply without prejudice to the provisions on extended producer responsibility contained in other legal acts of the Union, in particular those covering specific waste streams.
Amendment 30
Proposal for a directive
Recital 9 b (new)
(9b)   The Commission should without delay adopt guidelines on the modulation of contributions of producers in extended producer responsibility schemes in order to assist Member States in the implementation of this Directive in furtherance of the internal market. To ensure coherence in the internal market, the Commission should also be able to adopt harmonised criteria for that purpose by means of delegated acts.
Amendment 31
Proposal for a directive
Recital 9 c (new)
(9c)   When schemes are set up for the collective implementation of extended producer responsibility, Member States should put in place safeguards against conflicts of interest between contractors and extended producer responsibility organisations.
Amendment 32
Proposal for a directive
Recital 10
(10)   Waste prevention is the most efficient way to improve resource efficiency and to reduce the environmental impact of waste. It is important therefore that Member States take appropriate measures to prevent waste generation and monitor and assess progress in the implementation of such measures. In order to ensure a uniform measurement of the overall progress in the implementation of waste prevention measures, common indicators should be established.
(10)   Waste prevention is the most efficient way to improve resource efficiency, to reduce the environmental impact of waste, to promote durable, recyclable, reusable high-quality materials and to decrease the dependence on imports of increasingly rare raw materials. The development of innovative business models is key in this regard. It is important therefore that Member States lay down prevention targets and take appropriate measures to prevent waste generation and littering, including the use of economic instruments and other measures that progressively substitute substances of very high concern as defined in Article 57 of Regulation (EC) No 1907/2006 if there are suitable alternative substances or technologies that are economically and technically viable, combat planned obsolescence, support re-use, increase consumer empowerment through improved product information, and encourage information campaigns on waste prevention. Member States should also monitor and assess progress made in the implementation of such measures as well as progress in the reduction of waste generation and aim at decoupling it from economic growth. In order to ensure a uniform measurement of the overall progress made in the implementation of waste prevention measures, common indicators and methodologies should be established.
Amendment 33
Proposal for a directive
Recital 10 a (new)
(10a)   The promotion of sustainability in production and consumption can contribute significantly to waste prevention. Member States should take steps to make consumers aware of this and encourage them to participate more actively in order to improve resource efficiency.
Amendment 34
Proposal for a directive
Recital 10 b (new)
(10b)   The original waste producer has a key role to play in waste prevention and at the initial pre-sorting stage.
Amendment 35
Proposal for a directive
Recital 11 a (new)
(11a)   In order to reduce food loss and prevent food waste along the whole supply chain, a food waste hierarchy should be established, as laid down in Article 4a.
Amendment 36
Proposal for a directive
Recital 12
(12)   Member States should take measures to promote prevention of food waste in line with the 2030 Agenda for Sustainable Development, adopted by the United Nations General Assembly on 25 September 2015, and in particular its target of halving food waste by 2030. These measures should aim to prevent food waste in primary production, in processing and manufacturing, in retail and other distribution of food, in restaurants and food services as well as in households . Having regard to the environmental and economic benefits of preventing food waste, Member States should establish specific food waste prevention measures and should measure progress in food waste reduction . To facilitate exchange of good practice across the EU both between Member States and between food business operators, uniform methodologies for such measurement should be established. Reporting on food waste levels should take place on a biennial basis.
(12)   Member States should take measures to promote prevention and reduction of food waste in line with the 2030 Agenda for Sustainable Development, adopted by the United Nations General Assembly on 25 September 2015, and in particular its target of reducing food waste by 50 % by 2030. These measures should aim to prevent and reduce the total generation of food waste and reduce food losses along the whole supply chain, including primary production, transportation and storage . Having regard to the environmental, social and economic benefits of preventing food waste, Member States should establish specific food waste prevention measures, including awareness campaigns to demonstrate how to prevent food waste in their waste prevention programmes. With these measures, Member States should aim to achieve a Union-wide food waste reduction target of 30 % by 2025 and of 50 % by 2030. Member States should also measure progress made in the reduction of food waste and food losses . To measure this progress and to facilitate exchange of good practice across the EU both between Member States and between food business operators, a common methodology for such measurement should be established. Reporting on food waste levels should take place on an annual basis.
Amendment 37
Proposal for a directive
Recital 12 a (new)
(12a)   In order to prevent food waste, Member States should provide incentives for the collection of unsold food products in food retail and food establishments and for their redistribution to charitable organisations. Consumer awareness of the meaning of 'use-by' dates should also be improved in order to reduce food waste.
Amendment 39
Proposal for a directive
Recital 13
(13)   Industrial, certain parts of commercial waste and extractive waste are extremely diversified in terms of composition and volume, and very different depending on the economic structure of a Member State, the structure of the industry or commerce sector that generates the waste and the industrial or commercial density in a given geographical area. Hence, for most industrial and extractive waste, an industry-oriented approach using Best Available Techniques reference documents 16 and similar instruments to address the specific issues related to the management of a given type of waste is a suitable solution. However, industrial and commercial packaging waste should continue to be covered by the requirements of Directive 94/62/EC and Directive 2008/98/EC, including their respective improvements.
(13)   Industrial, certain parts of commercial waste and extractive waste are extremely diversified in terms of composition and volume, and very different depending on the economic structure of a Member State, the structure of the industry or commerce sector that generates the waste and the industrial or commercial density in a given geographical area. For most industrial and extractive waste, an industry-oriented approach using Best Available Techniques reference documents 16 and similar instruments to address the specific issues related to the management of a given type of waste is a temporary solution to reach circular economy objectives. As industrial and commercial waste are covered by the requirements of Directive 94/62/EC and Directive 2008/98/EC, the Commission should consider the possibility of setting, by 31 December 2018, preparing for re-use and recycling targets for commercial waste and non-hazardous industrial waste to be met by 2025 and 2030.
Amendment 40
Proposal for a directive
Recital 13 a (new)
(13a)   The Commission should actively promote sharing platforms as a circular economy business model. It should create a stronger integration between the action plan for the circular economy and the guidelines for a collaborative economy and investigate all possible measures to provide incentives for it.
Amendment 41
Proposal for a directive
Recital 13 b (new)
(13b)   The transition towards a circular economy needs to seek to achieve the smart, sustainable and inclusive growth goals set out in the Europe 2020 strategy, with particular reference to the targets relating to environmental protection, the shift to clean energy sources, sustainable local development and increased employment in the Member States. The development of a circular economy should, accordingly, also promote the involvement of entities such as small and medium-sized enterprises, social economy enterprises, non-profit institutions and waste management bodies that operate regionally and locally, in order to improve their overall management, foster innovation in processes and products and develop employment in the areas concerned.
Amendment 42
Proposal for a directive
Recital 14
(14)   The targets for preparation for re-use and recycling of municipal waste should be increased in order to deliver substantial environmental, economic and social benefits.
(14)   The targets for preparation for re-use and recycling of municipal waste should be increased at least to 60 % by 2025 and at least to 70 % by 2030 in order to deliver substantial environmental, economic and social benefits and accelerate the shift towards a circular economy .
Amendment 43
Proposal for a directive
Recital 14 a (new)
(14a)   Member States should support the setting up of systems which promote re-use activities and the extension of the life span of products, provided that the quality and safety of products are not compromised. Such systems should be set up in particular for electrical and electronic equipment, textiles, furniture, construction materials, tyres and, as referred to in Article 5 of Directive 94/62/EC, packaging.
Amendment 44
Proposal for a directive
Recital 14 b (new)
(14b)   In order to promote re-use, Member States should be able to set up quantitative objectives and should take the necessary measures in respect of producers to enable re-use operators to have easy access to the instruction manuals, spare parts and technical information needed for re-use of products.
Amendment 45
Proposal for a directive
Recital 14 c (new)
(14c)   The role of social economy enterprises in the re-use and preparing for re-use sector needs to be acknowledged and consolidated. Member States should take the necessary measures to promote the role of social economy enterprises in that sector including, where appropriate, by means of economic instruments, public procurement, facilitated access to waste collection points, and any other appropriate economic or regulatory incentives. The new regulatory framework established by the Circular Economy Package should safeguard stakeholders' ability to continue their work in the re-use and preparing for re-use sector.
Amendment 46
Proposal for a directive
Recital 14 d (new)
(14d)   The switch to a circular economy offers numerous positive aspects, both economic (such as optimisation of the use of raw material resources), environmental (such as protecting the environment and reducing waste pollution) and social (such as socially-inclusive job creation potential and developing social ties). The circular economy is in keeping with the social and solidarity economy ethos and the implementation of the circular economy should primarily enable environmental and social benefits to be generated.
Amendment 47
Proposal for a directive
Recital 14 e (new)
(14e)   The actors involved in the social and solidarity-based economy should, through their activities, including preparation for re-use and re-use itself, help promote the social and solidarity-based economy. Steps should be taken to ensure the perpetuation of those activities in the Union.
Amendment 48
Proposal for a directive
Recital 15
(15)   Through a progressive increase of the existing targets for preparation for re-use and recycling of municipal waste, it should be ensured that economically valuable waste materials are re-used and effectively recycled, and that valuable materials found in waste are channelled back into the European economy, thus advancing the Raw Materials Initiative17 and the creation of a circular economy.
(15)   Through a progressive increase of the existing targets for preparation for re-use and recycling of municipal waste, it should be ensured that economically valuable waste materials are effectively prepared for re-use and recycled, while ensuring a high-level protection of human health and the environment, and that valuable materials found in waste are channelled back into the European economy, thus advancing the Raw Materials Initiative17 and the creation of a circular economy.
__________________
__________________
17 COM(2008)0699 and COM(2014)0297 .
17 COM(2008)0699 and COM(2014)0297 .
Amendment 49
Proposal for a directive
Recital 16
(16)   Large differences exist between Member States with respect to their waste management performance, particularly as regards recycling of municipal waste. In order to take account of those differences, those Member States which in 2013 recycled less than 20% of their municipal waste according to Eurostat data should be given additional time to comply with the preparing for re-use and recycling targets established for 2025 and 2030 . In light of average annual progression rates observed in Member States over the past fifteen years, those Member States would need to increase their recycling capacity at levels that are well-above past averages to meet those targets. In order to ensure that steady progress towards the targets is made and that implementation gaps are tackled in due time, Member States that are given additional time should meet interim-targets and establish an implementation plan .
(16)   Large differences exist between Member States with respect to their waste management performance, particularly as regards recycling of municipal waste. In order to take account of those differences, those Member States which in 2013 recycled less than 20% of their municipal waste according to Eurostat data and which were not considered at risk of not achieving the target of preparing for re-use and recycling at least 50% of their municipal waste by 2025 should be given additional time to comply with the preparing for re-use and recycling targets established for 2025. Those same Member States could also be given additional time to comply with the preparing for re-use and recycling targets established for 2030 if they are not considered at risk of not achieving the target of preparing for re-use and recycling at least 60  % of their municipal waste by 2030. In light of average annual progression rates observed in Member States over the past fifteen years, those Member States would need to increase their recycling capacity at levels that are well-above past averages to meet those targets. In order to ensure that steady progress towards the targets is made and that implementation gaps are tackled in due time, Member States that are given additional time should meet interim-targets and establish implementation plans, the effectiveness of which should be assessed by the Commission on the basis of defined criteria.
Amendment 50
Proposal for a directive
Recital 16 a (new)
(16a)   In order to ensure the uptake of high quality secondary raw materials, the output of the final recycling process should uphold quality standards. For that reason, the Commission should request the European standardisation organisations to develop standards for both waste materials entering the final recycling process and secondary raw materials, in particular for plastics, based on the best production practices on the market.
Amendment 51
Proposal for a directive
Recital 17
(17)   In order to ensure the reliability of the data gathered on preparation for re-use it is essential to establish common rules for reporting. Similarly, it is important to lay down more precise rules on how Member States should report what is effectively recycled and can be counted towards the attainment of the recycling targets. To that effect, as a general rule , the reporting on the attainment of the recycling targets must be based on the input to the final recycling process. In order to limit administrative burdens, Member States should be allowed, under strict conditions, to report recycling rates on the basis of the output of sorting facilities. Losses in weight of materials or substances due to physical and/or chemical transformation processes inherent to the final recycling process should not be deducted from the weight of the waste reported as recycled.
(17)   In order to ensure the reliability of the data gathered on preparation for re-use it is essential to establish common rules for reporting, taking into account the need to avoid imposing excessive administrative burdens on small and medium operators . Similarly, it is important to lay down more precise rules on how Member States should report what is effectively recycled and can be counted towards the attainment of the recycling targets. Calculation of recycled municipal waste should be based on one harmonised method which will prevent Member States from reporting discarded waste as recycled waste. To that end, the reporting on the attainment of the recycling targets must be based on the input to the final recycling process. Losses in weight of materials or substances due to physical and/or chemical transformation processes inherent to the final recycling process should not be deducted from the weight of the waste reported as recycled.
Amendment 52
Proposal for a directive
Recital 18
(18)   Member States should, for the purposes of calculating whether the preparation for re-use and recycling targets are achieved, be able to take into account products and components that are prepared for re-use by recognised re-use operators and by deposit-refund schemes and the recycling of metals that takes place in conjunction with incineration. In order to ensure a uniform calculation of this data, the Commission will adopt detailed rules on the determination of recognised preparation for re-use operators and deposit-refund schemes, on the quality criteria for recycled metals and on the collection, verification and reporting of data.
(18)   In order to ensure a uniform calculation of data on preparation for re-use and recycling, the Commission should adopt detailed rules on the determination of recognised preparation for re-use operators, deposit-refund schemes and final recycling operators, including specific rules on collection, traceability, verification and reporting of data, as well as on the quality criteria for recycled metals that have been recycled in conjunction with incineration or co-incineration. For the purposes of calculating whether the preparation for re-use and recycling targets have been achieved and after the adoption of the harmonised calculation method, Member States should be able to take into account the recycling of metals that takes place in conjunction with incineration or co-incineration, such as energy recovery.
Amendment 53
Proposal for a directive
Recital 20
(20)   Compliance with the obligation to set up separate collection systems for paper, metal, plastic and glass is essential in order to increase preparing for re-use and recycling rates in Member States. In addition bio-waste should be collected separately to contribute to an increase in preparing for re-use and recycling rates and the prevention of contamination of dry recyclable materials.
(20)   Compliance with the obligation to set up separate collection systems for paper, metal, plastic, glass, textile and bio-waste is essential in order to increase preparing for re-use and recycling rates in Member States. In addition bio-waste should be collected separately and be recycled to contribute to an increase in preparing for re-use and recycling rates and the prevention of contamination of dry recyclable materials and to prevent incineration and landfilling. In addition, research into possible collection and recycling systems for other streams and new materials should be encouraged and intensified.
Amendment 54
Proposal for a directive
Recital 20 a (new)
(20a)   The bio-economy plays a crucial role in ensuring the availability of raw materials across the Union. A more efficient use of municipal waste could create an important incentive for the bio-economy supply chain. In particular, a sustainable management of bio-waste offers the opportunity to substitute fossil fuel-based feedstocks with renewable sources for the production of materials and commodities.
Amendment 55
Proposal for a directive
Recital 20 b (new)
(20b)   In order to avoid waste treatment which locks in resources at the lower levels of the waste hierarchy, to enable high-quality recycling and to boost the uptake of quality secondary raw materials, Member States should ensure that bio-waste is separately collected and undergoes organic recycling in a way that fulfils a high level of environmental protection and the output of which meets relevant high quality standards.
Amendment 56
Proposal for a directive
Recital 20 c (new)
(20c)   Despite separate collection, a lot of recyclables still end up in mixed waste. With high-quality sorting, especially optical sorting, a considerable amount of materials can be sorted from the residual waste and subsequently recycled and reprocessed into secondary raw materials. Member States should thus take measures to ensure that also waste that is not separately collected is nevertheless sorted.
Amendment 57
Proposal for a directive
Recital 20 d (new)
(20d)   To avoid contamination of municipal waste with hazardous substances which could lower recycling quality and thus hamper the take-up of secondary raw materials, Member States should set up separate collection for hazardous waste from households.
Amendment 58
Proposal for a directive
Recital 21
(21)   Proper management of hazardous waste still presents a problem in the Union, and data on its treatment are partly missing. It is therefore necessary to strengthen record keeping and traceability mechanisms through the establishment of electronic registries for hazardous waste in the Member States. Electronic data collection should be extended to other types of waste, where appropriate, in order to simplify record-keeping for businesses and administrations and improve the monitoring of waste flows in the Union.
(21)   Proper management of hazardous waste still presents a problem in the Union, and data on its treatment are partly missing. It is therefore necessary to strengthen record keeping and traceability mechanisms through the establishment of electronic registries for hazardous waste in the Member States. Electronic data collection should be extended to other types of waste, in order to simplify record-keeping for businesses and administrations and improve the monitoring of waste flows in the Union.
Amendment 59
Proposal for a directive
Recital 21 a (new)
(21a)   Separate collection and regeneration of waste oils has significant economic and environmental benefits, including in terms of security of supply. Separate collection should be established, as well as targets for the regeneration of waste oils.
Amendment 60
Proposal for a directive
Recital 22
(22)   This Directive sets long-term objectives for the Union’s waste management and gives economic operators and Member States a clear direction for the investments needed to attain the objectives of this Directive. In developing their national waste management strategies and planning investments in waste management infrastructure, Member States should make a sound use of the European Structural and Investment Funds by promoting prevention, re-use and recycling, in line with the waste hierarchy
(22)   This Directive sets long-term objectives for the Union’s waste management and gives economic operators and Member States a clear direction for the investments needed to attain the objectives of this Directive. In developing their national waste management strategies and planning investments in waste management infrastructure and the circular economy , Member States should make a sound use of the European Structural and Investment Funds by promoting first prevention and re-use, followed by recycling, in line with the waste hierarchy. The Commission should, in accordance with the waste hierarchy, enable the use of Horizon 2020 and European Structural and Investment Funds in order to develop an effective financial framework that helps local authorities implement the requirements of this Directive and finance the introduction of innovative technologies and waste management.
Amendment 61
Proposal for a directive
Recital 23
(23)   Certain raw materials are of a high importance to the economy of the Union and their supply is associated with a high risk. In order to ensure security of supply of those raw materials and in line with the Raw Materials Initiative and the objectives and targets of the European Innovation Partnership on Raw Materials, Member States should take measures to achieve the best possible management of waste containing significant amounts of those raw materials, taking economic and technological feasibility and environmental benefits into account. The Commission has established a list of critical raw materials for the EU18 . This list is subject to regular review by the Commission.
(23)   Certain raw materials are of a high importance to the economy of the Union and their supply is associated with a high risk. In order to ensure security of supply of those raw materials and in line with the Raw Materials Initiative and the objectives and targets of the European Innovation Partnership on Raw Materials, Member States should take measures to promote the re-use of products and recycling of waste containing significant amounts of critical raw materials and to ensure that they are managed efficiently , taking economic and technological feasibility and environmental and health benefits into account. The Commission has established a list of critical raw materials for the EU18 . This list is subject to regular review by the Commission.
__________________
__________________
18 COM(2014)0297 .
18 COM(2014)0297 .
Amendment 62
Proposal for a directive
Recital 24
(24)   To further support effective implementation of the Raw Materials Initiative, Member States should also promote the reuse of products constituting the main sources of raw materials. They should also include in their waste management plans nationally appropriate measures regarding collection and recovery of waste containing significant amounts of these raw materials. The measures should be included in the waste management plans when they are updated for the first time following the entry into effect of this Directive. The Commission will provide information about the relevant product groups and waste streams at EU level. This provision does not preclude the Member States to take measures for other raw materials considered as important to their national economy.
(24)   To further support effective implementation of the Raw Materials Initiative, Member States should also include in their waste management plans nationally appropriate measures regarding collection, sorting and recovery of waste containing significant amounts of these raw materials. The measures should be included in the waste management plans when they are updated for the first time following the entry into force of this Directive. The Commission will provide information about the relevant product groups and waste streams at EU level. This provision does not preclude the Member States to take measures for other raw materials considered as important to their national economy.
Amendment 63
Proposal for a directive
Recital 25
(25)   Littering has direct detrimental impacts on the environment and the wellbeing of citizens, and high clean-up costs are an unnecessary economic burden for society. The introduction of specific measures in waste management plans and proper enforcement by competent authorities should help eradicate this problem.
(25)   Littering has direct and indirect detrimental impacts on the environment, the wellbeing of citizens and the economy. High clean-up costs are an unnecessary economic burden for society. The introduction of specific measures in waste management plans and proper enforcement by competent authorities should help eradicate this problem. Prevention of littering is to be preferred over clean-up. Prevention of littering should be a shared effort between the competent authorities, producers and consumers. It is essential to change inappropriate behaviour of consumers to prevent litter. Producers whose products are likely to become litter should promote the sustainable use of their products in order to prevent littering. Furthermore, education and awareness raising play a crucial role in order to spur behavioural change.
Amendment 64
Proposal for a directive
Recital 25 a (new)
(25a)   Directive 2008/56/EC of the European Parliament and of the Council 1a is the binding legal instrument at Union level for assessing, monitoring and setting environmental targets in order to reach good environmental status in relation to marine litter. However, the main sources of marine litter are land-based activities and they are caused by poor practices in solid waste management, lack of infrastructure and a lack of public awareness. For that reason, Member States should adopt measures to reduce land-based litter that is likely to end up in the marine environment, in line with the 2030 Agenda for Sustainable Development, adopted by the United Nations General Assembly on 25 September 2015, and in particular aim at achieving the target of reducing marine litter by 50 % by 2030 at Union level. Having regard to the environmental and economic benefits of preventing marine litter, Member States should establish specific marine litter prevention measures in their waste prevention programmes. With these measures, Member States should aim to achieve the Union-wide marine litter reduction targets of 30 % by 2025 and of 50 % by 2030. To measure progress towards these targets and to facilitate an exchange of good practices across the Union between Member States, uniform methodologies for the measurement of land-based marine litter should be established. Reporting on land-based marine litter levels should take place every year.
______________
1a Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for Community action in the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, p. 19).
Amendment 65
Proposal for a directive
Recital 25 b (new)
(25b)   Improper disposal of waste through littering and discharges of sewage and solid waste, such as plastic, have detrimental impacts on the marine environment and human health, as well as significant economic and social costs. Such waste also subverts the priority order of the waste hierarchy, in particular by avoiding preparing for re-use, recycling and other recovery prior to disposal. Given the transboundary nature of marine litter and the need to ensure harmonisation in efforts, Member States should take measures to achieve a target for their reduction, utilising monitoring protocols established under Article 11 of Directive 2008/56/EC.
Amendment 66
Proposal for a directive
Recital 25 c (new)
(25c)   Micro-beads in rinse-off cosmetic and personal care products reaching residential, commercial or industrial drainage systems after use are one of the most preventable direct sources of micro-plastic pollution. In order to contribute to the objectives laid down in this Directive, Member States should take measures to prevent the micro-bead ingredients and micro-plastics from entering waste water treatment systems and being discharged into the marine environment.
Amendment 67
Proposal for a directive
Recital 27
(27)   Implementation reports prepared by Member States every three years have not proved to be an effective tool for verifying compliance and ensuring good implementation, and are generating unnecessary administrative burdens. It is therefore appropriate to repeal provisions obliging Member States to produce such reports. Instead compliance monitoring should be exclusively based on the statistical data which Member States report every year to the Commission.
(27)   Implementation reports prepared by Member States every three years have not proved to be an effective tool for verifying compliance and ensuring good implementation, and are generating unnecessary administrative burdens. It is therefore appropriate to repeal provisions obliging Member States to produce such reports. Instead compliance monitoring should be based on the statistical data which Member States report every year to the Commission. Nevertheless, Member States should submit to the Commission, on request and without delay, any information necessary for the Commission to evaluate the implementation of this Directive as a whole and of its impact on the environment and human health.
Amendment 68
Proposal for a directive
Recital 28
(28)   Statistical data reported by Member States are essential for the Commission to assess compliance with waste legislation across the Member States. The quality, reliability and comparability of statistics should be improved by introducing a single entry point for all waste data, deleting obsolete reporting requirements, benchmarking national reporting methodologies and introducing a data quality check report. Therefore, when reporting on the achievement of the targets set out in waste legislation, Member States shall use the most recent methodology developed by the Commission and the national statistical offices of the Member States.
(28)   Data and information reported by Member States are essential for the Commission to assess compliance with waste legislation across the Member States. The quality, reliability and comparability of reported data should be improved by establishing a common methodology for collection and processing of data based on reliable sources and by introducing a single entry point for all waste data, deleting obsolete reporting requirements, benchmarking national reporting methodologies and introducing a data quality check report. Therefore, when reporting on the achievement of the targets set out in waste legislation, Member States shall use the common methodology developed by the Commission in cooperation with the national statistical offices of the Member States and the national, regional and local authorities responsible for waste management.
Amendment 69
Proposal for a directive
Recital 28 a (new)
(28a)   Every three years, the Commission should publish a report based on the data and information reported by Member States in order to report to the Parliament and the Council on the progress achieved in reaching the recycling targets and in the implementation of new obligations laid down by this Directive. Those triennial reports should also evaluate the impact of Directive 2008/98/EC as a whole on the environment and human health and assess whether amendments are needed to keep Directive 2008/98/EC fit for purpose in view of the circular economy objectives.
Amendment 70
Proposal for a directive
Recital 28 b (new)
(28b)   In order to contribute to an appropriate governance, enforcement, cross-border cooperation and spread of best practices and innovations in the field of waste and to ensure the effective and consistent implementation of the targets laid down in Directive 2008/98/EC, the Commission should establish a platform for the exchange of information and the sharing of best practices between the Commission and the Member States on the practical implementation of that Directive. The results of the work of that platform should be made publicly available.
Amendment 71
Proposal for a directive
Recital 28 c (new)
(28c)   The economic potential as well as the environmental benefits of moving towards circular economy and increased resource efficiency are well established. Steps needed to closing the circle are presented in various policy documents and proposals, ranging from the European Resource Efficiency Platform's (EREP) manifesto for a more resource-efficient Europe published on 17 December 2012 and subsequent policy recommendations, to the European Parliament's own-initiative report on moving towards a circular economy adopted on 25 June 2015, and finally the Commission's action plan for the circular economy published on 2 December 2015. They all present actions that go beyond waste, covering the whole cycle, and they should not only guide the ambition level of Union waste law, but also ensure that ambitious action is taken to close the whole circle.
Amendment 72
Proposal for a directive
Recital 28 d (new)
(28d)   Research and innovation as well as the creation of smart business models based on resource efficiency are essential for supporting the transition towards a circular economy in the Union where waste is perceived as a new resource. To achieve that aim, it is necessary to contribute, within Horizon 2020, to research and innovation projects that can demonstrate and test in the field the economic and environmental sustainability of a circular economy. At the same time, while adopting a systemic approach, those projects can contribute to developing legislation that is conducive to innovation and is easy to implement, by identifying possible regulatory uncertainties, barriers and gaps that hamper the development of business models based on resource efficiency.
Amendment 73
Proposal for a directive
Recital 28 e (new)
(28e)   On 2 December 2015, the Commission presented an EU action plan for the Circular Economy to stimulate Europe's transition towards a circular economy. Since the Commission established a concrete and ambitious programme of actions, with measures that cover the whole cycle, supplementary measures are needed in order to accelerate that transition.
Amendment 74
Proposal for a directive
Recital 28 f (new)
(28f)   Improving resource use could bring substantial net savings for Union businesses, public authorities and consumers while reducing total annual greenhouse gas emissions. For that reason, the Commission should propose, by the end of 2018, a lead indicator and a dashboard of sub-indicators on resource efficiency in order to monitor the progress towards the target of increasing resource efficiency at Union level by 30 % by 2030 compared with 2014 levels.
Amendment 75
Proposal for a directive
Recital 29
(29)   In order to supplement or amend Directive 2008/98/EC, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of Articles 5(2) , 6(2) , 7(1), 11a(2), 11a(6) , 26, 27(1) , 27(4) , 38(1) , 38(2) and 38(3). It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and the Council .
(29)   In order to supplement or amend Directive 2008/98/EC, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of:
—   detailed criteria on the application of the conditions under which substances or objects are to be considered as by-products or considered to have ceased to be waste ,
—   general requirements to be followed by Member States when adopting technical regulations on end-of-waste status,
—   the establishment of the list of waste,
—   harmonised criteria to be followed when determining the financial contributions paid by producers to comply with their extended producer responsibility, as modulated on the real end-of-life cost of the products,
—   indicators to measure the progress in the reduction of waste generation and in the implementation of waste prevention measures,
—   a common methodology, including minimum quality requirements, for the uniform measurement of the levels of food waste,
—   a common methodology, including minimum quality requirements, for the uniform measurement of land-based marine litter,
—   minimum quality and operational requirements to determine the recognised preparation for re-use operators, deposit-refund schemes and final recycling operators, including specific rules on data collection, traceability, verification and reporting,
—   a common methodology to calculate the weight of metals that have been recycled in conjunction with incineration or co-incineration, including the quality criteria for the recycled metals,
—   technical criteria and operational procedures for disposal operations D2, D3, D4, D6, D7 and D12 as listed in Annex I to Directive 2008/98/EC and, if appropriate, a ban on those operations if they do not meet certain criteria related to the protection of human health and the environment,
—   technical minimum standards for treatment activities that require a permit under Directive 2008/98/EC, where there is evidence that such standards would bring about a benefit in terms of the protection of human health and the environment,
—   minimum standards for activities that require registration under Directive 2008/98/EC where there is evidence that such standards would bring about a benefit in terms of the protection of human health and the environment or in avoiding disruption to the internal market,
—   the specification of the application of the formula for incineration facilities referred to in point R1 of Annex II to Directive 2008/98/EC,
—   the methodology for data collection and processing, the organisation of the data collection and the sources of data as well as the format for the reporting of data by Member States to the Commission on the implementation of the targets on food waste reduction and marine litter reduction, on preparing for re-use, recycling and backfilling, on waste oils, and
—   the adaptation of Annexes I to V to Directive 2008/98/EC to scientific and technical progress.
It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 76
Proposal for a directive
Recital 30
(30)   In order to ensure uniform conditions for the implementation of Directive 2008/98/EC, implementing powers should be conferred on the Commission in respect of Articles 9(4), 9(5), 33(2), 35(5) and 37(6). Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council19 .
(30)   In order to ensure uniform conditions for the implementation of Directive 2008/98/EC, implementing powers should be conferred on the Commission in respect of:
—   the format for the notification of the information on the adoption and the substantial revisions of waste management plans and waste prevention programmes , and
—   minimum conditions for the operation of electronic registries on hazardous waste.
Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council19 .
__________________
__________________
19 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28/02/2011, p. 13).
19 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.02.2011, p. 13).
Amendment 77
Proposal for a directive
Recital 33
(33)   Since the objectives of this Directive, namely to improve waste management in the Union, and thereby contributing to the protection, preservation and improvement of the quality of the environment, the health of the oceans and the safety of seafood by reducing marine litter, and to the prudent and rational utilisation of natural resources across the Union, cannot be sufficiently achieved by the Member States, but can, by reason of the scale or effects of the measures, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives,
(33)   Since the objectives of this Directive, namely to improve waste management in the Union, and thereby contributing to the protection, preservation and improvement of the quality of the environment, the health of the oceans and the safety of seafood by reducing marine litter, and to the prudent, reduced and rational utilisation of natural resources across the Union, cannot be sufficiently achieved by the Member States, but can, by reason of the scale or effects of the measures, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives,
Amendment 78
Proposal for a directive
Recital 33 a (new)
(33a)   Member States should ensure high levels of occupational health and safety in the production, recycling, repairing, preparing for re-use and waste sectors, taking into account the specific risks faced by workers in those sectors, and should ensure that existing Union law in this field is properly implemented and enforced.
Amendment 79
Proposal for a directive
Recital 33 b (new)
(33b)   This Directive has been adopted taking into account the commitments set out in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making and it should be implemented and applied in accordance with the guidance contained in that Agreement.
Amendment 80
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Directive 2008/98/EC
Article 1 – paragraph 1
(-1)   In Article 1, paragraph 1 is replaced by the following:
This Directive lays down measures to protect the environment and human health by preventing or reducing the adverse impacts of the generation and management of waste and by reducing overall impacts of resource use and improving the efficiency of such use.
"This Directive lays down measures to protect the environment and human health by preventing or reducing the generation of waste, the adverse impacts of the generation and management of waste and by reducing overall impacts of resource use and improving the efficiency of such use, which are crucial for the transition to a circular economy and for guaranteeing the Union’s long-term competitiveness .";
Amendment 81
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 2008/98/EC
Article 3 – point 1 a
‘'1a. "municipal waste" means
‘'1a. "municipal waste" means
(a)   mixed waste and separately collected waste from households including:
(a)   mixed waste and separately collected waste from households including:
–   paper and cardboard, glass metals, plastics, bio-waste, wood, textiles, waste electrical and electronic equipment, waste batteries and accumulators;
–   paper and cardboard, glass metals, plastics, bio-waste, wood, textiles, waste electrical and electronic equipment, waste batteries and accumulators;
–   bulky waste, including white goods, mattresses, furniture;
–   bulky waste, including mattresses and furniture;
–   garden waste, including leaves, grass clipping;
–   garden waste, including leaves, grass clipping;
(b)   mixed waste and separately collected waste from other sources that is comparable to household waste in nature, composition and quantity .
(b)   mixed waste and separately collected waste from small businesses, office buildings and institutions including schools, hospitals, and government buildings that is similar to household waste in nature and composition.
(c)   market cleansing waste and waste from street cleaning services, including street sweepings, the content of litter containers, waste from park and garden maintenance.
(c)   market cleansing waste and waste from street cleaning services, including street sweepings, the content of litter containers, waste from park and garden maintenance.
Municipal waste does not include waste from sewage network and treatment, including sewage sludge and construction and demolition waste;'
Municipal waste does not include waste from sewage network and treatment, including sewage sludge and construction and demolition waste.
The definition of municipal waste in this Directive shall apply regardless of the public or private status of the operator managing waste;”;
Amendment 82
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a a (new)
Directive 2008/98/EC
Article 3 – point 1 b (new)
(aa)   the following point is inserted:
“1b. “Commercial and industrial waste” means mixed waste and separately collected waste from commercial and industrial activities and/or premises.
Commercial and industrial waste does not include municipal waste, construction and demolition waste or waste from sewage network or treatment, including sewage sludge;”;
Amendment 83
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive 2008/98/EC
Article 3 – point 2 a
2a.   "non-hazardous waste" means waste which displays none of the hazardous properties listed in Annex III;
2a.   "non-hazardous waste" means waste which is not covered by point 2 of this Article;
Amendment 84
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c
Directive 2008/98/EC
Article 3 – point 4
4.   "bio-waste" means biodegradable garden and park waste, food and kitchen waste from households, restaurants, caterers and retail premises, comparable waste from food processing plants and other waste with similar biodegradability properties that is comparable in nature, composition and quantity ;
4.   "bio-waste" means biodegradable garden and park waste, food and kitchen waste from households, restaurants, caterers and retail premises, comparable waste from food processing plants and other waste with similar biodegradability and compostability properties;
Amendment 85
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d a (new)
Directive 2008/98/EC
Article 3 – point 9
(da)   point 9 is replaced by the following:
9.   ‘waste management’ means the collection, transport, recovery and disposal of waste, including the supervision of such operations and the after-care of disposal sites, and including actions taken as a dealer or broker;
"9. ‘waste management’ means the collection, transport, sorting, recovery and disposal of waste, including the supervision of such operations and the after-care of disposal sites, and including actions taken as a dealer or broker;";
Amendment 86
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d b (new)
Directive 2008/98/EC
Article 3 – point 11
(db)   point 11 is replaced by the following:
11.   ‘separate collection’ means the collection where a waste stream is kept separately by type and nature so as to facilitate a specific treatment;
"11. ‘separate collection’ means the collection where a waste stream is kept separately by type and nature so as to facilitate a specific treatment, in particular preparing for re-use and recycling operations;";
Amendment 87
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e
Directive 2008/98/EC
Article 3 – point 16
16.   "preparing for re-use" means checking, cleaning or repairing recovery operations, by which waste, products or components of products that have been collected by a recognised preparation for re-use operator or deposit-refund scheme are prepared so that they can be re-used without any other pre-processing;
16.   "preparing for re-use" means checking, cleaning or repairing recovery operations, by which products or components of products that have become waste and have been collected by a recognised preparation for re-use operator are prepared so that they can be re-used without any other pre-processing;
Amendment 88
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e a (new)
Directive 2008/98/EC
Article 3 – point 16 a (new)
(ea)   the following point is inserted:
"16a. "preparation for re-use operator" means an undertaking handling waste and working along the preparing for re-use process chain in accordance with the applicable rules;";
Amendment 89
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e b (new)
Directive 2008/98/EC
Article 3 – point 16 b (new)
(eb)   the following point is inserted:
“16b. "remanufacturing" means the process of bringing a product to a like-new condition through reusing, reconditioning, and replacing component parts;”;
Amendment 90
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e c (new)
Directive 2008/98/EC
Article 3 – point 17
(ec)   point 17 is replaced by the following:
17.   ‘recycling’ means any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original or other purposes. It includes the reprocessing of organic material but does not include energy recovery and the reprocessing into materials that are to be used as fuels or for backfilling operations;
"17. "recycling" means any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original or other purposes. It includes organic recycling but does not include energy recovery and the reprocessing into materials that are to be used as fuels or for backfilling operations;";
Amendment 91
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e d (new)
Directive 2008/98/EC
Article 3 – point -17 a (new)
(ed)   the following point is inserted:
"- 17a. "organic recycling" means recycling in the form of an aerobic or an anaerobic treatment, or another treatment of the biodegradable parts of waste, which produces products, materials or substances; mechanical biological treatment and landfill are not considered to be a form of organic recycling;";
Amendment 92
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point f
Directive 2008/98/EC
Article 3 – point 17 a
17a.   "final recycling process" means the recycling process which begins when no further mechanical sorting operation is needed and waste materials enter a production process and are effectively reprocessed into products, materials or substances;
17a.   "final recycling process" means the recycling process which begins when no further sorting operation is needed and waste materials are effectively reprocessed into products, materials or substances;
Amendment 93
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point f
Directive 2008/98/EC
Article 3 – point 17 b
17b.   "backfilling" means any recovery operation where suitable waste is used for reclamation purposes in excavated areas or for engineering purposes in landscaping or construction instead of other non-waste materials which would otherwise have been used for that purpose;
17b.   "backfilling" means any recovery operation other than recycling where suitable non-hazardous inert waste or other non-hazardous waste is used for reclamation purposes in excavated areas or for engineering purposes in landscaping or construction instead of other non-waste materials which would otherwise have been used for that purpose and is used in quantities that do not exceed that which is strictly necessary for the reclamation or engineering purpose ;
Amendment 94
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point f a (new)
Directive 2008/98/EC
Article 3 – point 17 c (new)
(fa)   The following point is inserted:
"17c. "dilution" means the mixing of waste with one or more other materials or wastes with the aim of lowering, without chemical transformation, the concentration of one or more component present in the waste, in order to allow the diluted waste to be sent to a treatment or recycling operation which is not allowed for the non-diluted waste.";
Amendment 95
Proposal for a directive
Article 1 – point 2 – point f b (new)
Directive 2008/98/EC
Article 3 – point 20 a (new)
(fb)   the following point is added:
“20a. "decontamination" means any operation that consists of removing or treating the unwanted hazardous components or pollutants from waste in order to destroy them.”;
Amendment 96
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point f c (new)
Directive 2008/98/EC
Article 3 – point 20 b (new)
(fc)   the following point is added:
"20b. "sorting" means any waste management operation which separates collected waste into different fractions and sub-fractions;";
Amendment 97
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point f d (new)
Directive 2008/98/EC
Article 3 – point 20 c (new)
(fd)   the following point is added:
"20c. "litter" means waste of small size in publicly accessible areas that has been improperly discarded in the environment, whether wilfully or by negligence;";
Amendment 98
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point f e (new)
Directive 2008/98/EC
Article 3 – point 20 d (new)
(fe)   the following point is added:
"20d. "food waste" means food intended for human consumption, either in edible or inedible status, removed from the production or supply chain to be discarded, including at primary production, processing, manufacturing, transportation, storage, retail and consumer levels, with the exception of primary production losses;";
Amendment 99
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point f f (new)
Directive 2008/98/EC
Article 3 – point 20 e (new)
(ff)   the following point is added:
“20e. "residual waste" means waste resulting from a treatment or a recovery operation, including recycling, which cannot be recovered further and, as a result, has to be disposed of;”;
Amendment 101
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Directive 2008/98/EC
Article 4 – paragraph 2 – subparagraph 1
(2a)   In Article 4(2), the first subparagraph is replaced by the following:
2.   When applying the waste hierarchy referred to in paragraph 1, Member States shall take measures to encourage the options that deliver the best overall environmental outcome. This may require specific waste streams departing from the hierarchy where this is justified by life-cycle thinking on the overall impacts of the generation and management of such waste.
"2. When applying the waste hierarchy referred to in paragraph 1, Member States shall take measures to encourage the options that deliver the best overall environmental outcome. This may require specific waste streams departing from the hierarchy where this is justified by life-cycle thinking on the overall impacts of the generation and management of such waste. That may require that certain waste undergoes a decontamination process prior to further treatment.";
Amendment 102
Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2008/98/EC
Article 4 – paragraph 3 – subparagraph 1
3.   Member States shall make use of adequate economic instruments to provide incentives for the application of the waste hierarchy.
3.   Member States shall make use of adequate economic instruments and take other measures to provide incentives for the application of the waste hierarchy. Those instruments and measures may include the instruments and measures indicated in Annex IVa to encourage the implementation of the waste prevention programmes referred to in Article 29 and to support the activities aimed at achieving the preparing for re-use and recycling targets set out in paragraph 2 of Article 11 in order to maximise the uptake of secondary raw materials and to offset the cost disparities with virgin raw materials .
Amendment 103
Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2008/98/EC
Article 4 – paragraph 3 – subparagraph 2
Member States shall report to the Commission the specific instruments put in place in accordance with this paragraph by [insert date eighteen months after the entry into force of this Directive] and every five years following that date.
Member States shall report to the Commission the specific instruments put in place in accordance with this paragraph by [insert date eighteen months after the entry into force of this Directive] and every three years following that date.
Amendment 104
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Directive 2008/98/EC
Article 4 – paragraph 3 a (new)
(3a)   In Article 4, the following paragraph is added:
“3a. Member States shall establish fee systems in order to ensure the financing of the waste management infrastructure for municipal waste that is necessary for the implementation of this Directive.”;
Amendment 105
Proposal for a directive
Article 1 – paragraph 1 – point 3 b (new)
Directive 2008/98/EC
Article 4 – paragraph 3 b (new)
(3b)   In Article 4, the following paragraph is added:
“3b. Member States shall apply the waste hierarchy in order to enhance the transition towards a circular economy. To this end, in accordance with Regulation (EU) No 1303/2013 of the European Parliament and of the Council 1a , Member States shall apply the waste hierarchy when allocating all Union funds and they shall prioritise prevention, re-use, preparation for re-use and recycling in the investments in the waste management infrastructure.
_________________
1a Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (OJ L 347, 20.12.2013, p. 320).”;
Amendment 107
Proposal for a directive
Article 1 – paragraph 1 – point 3 c (new)
Directive 2008/98/EC
Article 4 a (new)
(3c)   The following Article is inserted:
“Article 4a
Food waste hierarchy
1.   The following specific food waste hierarchy shall apply in order of priority in food waste prevention and management legislation and policy:
(a)   source prevention;
(b)   edible food rescue, prioritising human use over animal feed and the reprocessing into non-food products;
(c)   organic recycling;
(d)   energy recovery;
(e)   disposal.
2.   Member States shall provide incentives for the prevention of food waste, such as setting up voluntary agreements, facilitating food donation or, where appropriate, taking financial or fiscal measures.”;
Amendment 108
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Directive 2008/98/EC
Article 5 – paragraph 1 – introductory part
1.   Member States shall ensure that a substance or object resulting from a production process the primary aim of which is not the production of that substance or object is considered not to be waste, but to be a by-product if the following conditions are met:
1.   A substance or object resulting from a production process the primary aim of which is not the production of that substance or object shall be considered not to be waste, but to be a by-product if the following conditions are met:
Amendment 109
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b
Directive 2008/98/EC
Article 5 – paragraph 2
2.   The Commission shall be empowered to adopt delegated acts in accordance with Article 38a in order to establish detailed criteria on the application of the conditions laid down in paragraph 1 to specific substances or objects.
2.   The Commission shall be empowered to adopt delegated acts in accordance with Article 38a in order to supplement this Directive by establishing detailed criteria on the application of the conditions laid down in paragraph 1 to specific substances or objects. The Commission shall prioritise the existing and replicable practices of industrial symbiosis in the development of the detailed criteria.
Amendment 110
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b a (new)
Directive 2008/98/EC
Article 5 – paragraph 2 a (new)
(ba)   the following paragraph is inserted:
“2a. Where criteria have not been set at Union level in accordance with the procedure set out in paragraph 2, Member States may, on a case-by-case basis, establish detailed criteria on the application of the conditions laid down in paragraph 1 to specific substances or objects, including limit values for pollutants where necessary.”;
Amendment 111
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point c
Directive 2008/98/EC
Article 5 – paragraph 3
3.   Member States shall notify the Commission of technical regulations adopted under paragraph 1 in accordance with Directive 2015/1535/EC of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (*) where so required by that Directive.
3.   Member States shall notify the Commission of technical regulations adopted under paragraph 2a in accordance with Directive (EU) 2015/1535 of the European Parliament and of the Council* .
_______________
______________
(*) OJ L 241, 17.9.2015, p.1.
* Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1).
Amendment 112
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a – point i
Directive 2008/98/EC
Article 6 – paragraph 1 – introductory part
1.   Member States shall ensure that waste which has undergone a recovery operation is considered to have ceased to be waste if it complies with the following conditions:
1.   Member States shall ensure that waste which has undergone a recycling or other recovery operation is considered to have ceased to be waste if it complies with the following conditions:
Amendment 113
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Directive 2008/98/EC
Article 6 – paragraph 2
2.   The Commission shall be empowered to adopt delegated acts in accordance with Article 38a in order to establish detailed criteria on the application of the conditions laid down in paragraph 1 to certain waste. Those detailed criteria shall include limit values for pollutants where necessary and shall take into account any possible adverse environmental effects of the substance or object.
2.   The Commission shall be empowered to adopt delegated acts in accordance with Article 38a, on the basis of the monitoring of the situations in Member States, in order to supplement this Directive by establishing detailed criteria on the application of the conditions laid down in paragraph 1 to specific waste. Those detailed criteria shall include limit values for pollutants where necessary and shall take into account any possible adverse effects of the substance or object on human health and/or the environment .
Amendment 114
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Directive 2008/98/EC
Article 6 – paragraph 3
3.   Waste which is considered to have ceased to be waste in accordance with paragraph 1 may be considered to be prepared for reuse, recycled or recovered for the purpose of the calculation of the achievement of the targets set out in this Directive, Directive 94/62/EC, Directive 2000/53/EC, Directive 2006/66/EC and Directive 2012/19/EU of the European Parliament and of the Council(*) respectively if it has been subject to a preparing for reuse, recycling or recovery in accordance with those Directives.
3.   Waste which has ceased to be waste in accordance with paragraph 1 may be taken into account for the purpose of the calculation of the achievement of the preparation for re-use, recycling or recovery targets set out in this Directive, Directive 94/62/EC, Directive 2000/53/EC, Directive 2006/66/EC and Directive 2012/19/EU of the European Parliament and of the Council(*) if it has been subject to respectively a preparing for reuse, recycling or recovery operation in accordance with those Directives. The weight of waste which is considered to have ceased to be waste may be reported as recycled if the materials or substances that have ceased to be waste are to be subject to reprocessing, excluding energy recovery and the reprocessing into materials that are to be used as fuels or for backfilling operations.
Amendment 115
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Directive 2008/98/EC
Article 6 – paragraph 3 a (new)
3a.   Where criteria have not been set at Union level in accordance with the procedure set out in paragraph 2, Member States may establish detailed criteria on the application of the conditions laid down in paragraph 1 to specific waste, including limit values for pollutants.
Amendment 116
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Directive 2008/98/EC
Article 6 – paragraph 3 b (new)
3b.   Where those criteria have not been established at national level, Member States shall ensure that waste which has undergone a recovery operation, is considered to have ceased to be waste if it complies with conditions laid down in paragraph 1, which shall be verified on a case-by-case basis by the national competent authority.
Amendment 117
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Directive 2008/98/EC
Article 6 – paragraph 3 c (new)
3c.   In view of ensuring coherence in the internal market, the Commission shall be empowered to adopt delegated acts in accordance with Article 38a in order to supplement this Directive by establishing general requirements to be followed by Member States when they adopt technical regulations under paragraph 3a and 3b of this Article.
Amendment 118
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Directive 2008/98/EC
Article 6 – paragraph 4
4.   Member States shall notify the Commission of technical regulations adopted under paragraph 1 in accordance with Directive 2015/1535/EC of the European Parliament and of the Council where so required by that Directive.
4.   Member States shall notify the Commission of technical regulations adopted under paragraphs 3a and 3b in accordance with Directive 2015/1535/EC.
Amendment 119
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a a (new)
Directive 2008/98/EC
Article 7 – paragraph 4
(aa)   paragraph 4 is replaced by the following:
4.   The reclassification of hazardous waste as non-hazardous waste may not be achieved by diluting or mixing the waste with the aim of lowering the initial concentrations of hazardous substances to a level below the thresholds for defining waste as hazardous.
"4. The reclassification of hazardous waste as non-hazardous waste or a change of the hazardous properties may not be achieved by diluting or mixing the waste with the aim of lowering the initial concentrations of hazardous substances to a level below the thresholds for defining waste as hazardous or for establishing a hazardous property.";
Amendment 120
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point -a (new)
Directive 2008/98/EC
Article 8 – paragraph 1 – subparagraph 1
(-a)   in paragraph 1, the first subparagraph is replaced by the following:
1.   In order to strengthen the re-use and the prevention, recycling and other recovery of waste, Member States may take legislative or non-legislative measures to ensure that any natural or legal person who professionally develops, manufactures, processes, treats, sells or imports products (producer of the product) has extended producer responsibility.
"1. In order to strengthen the re-use and the prevention, recycling and other recovery of waste, Member States shall take legislative or non-legislative measures to ensure that any natural or legal person who professionally develops, manufactures, processes, treats, sells or imports products (producer of the product) has extended producer responsibility.";
Amendment 121
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point a
Directive 2008/98/EC
Article 8 – paragraph 1 – subparagraph 3
Such measures may also include the establishment of extended producer responsibility schemes defining specific operational and financial obligations for producers of products.
Such measures may also include the establishment of extended producer responsibility schemes, which cover individual or collective fulfilment of extended producer responsibility. Such schemes shall consist of a set of rules defining specific operational and/or financial obligations for producers of products in which the producer's responsibility is extended to the post-consumer state of a product's life cycle. Member States shall set up such schemes for at least packaging as defined in point (1) of Article 3 of Directive 94/62/EC, electrical and electronic equipment as defined in point (a) of Article 3(1) of Directive 2012/19/EU, batteries and accumulators as defined in point (1) of Article 3 of Directive 2006/66/EC and end-of-life vehicles as defined in point (2) of Article 2 of Directive 2000/53/EC.
Amendment 122
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point a a (new)
Directive 2008/98/EC
Article 8 – paragraph 2 – subparagraph 1
(aa)   in paragraph 2, the first subparagraph is replaced by the following:
2.   Member States may take appropriate measures to encourage the design of products in order to reduce their environmental impacts and the generation of waste in the course of the production and subsequent use of products, and in order to ensure that the recovery and disposal of products that have become waste take place in accordance with Articles 4 and 13.
"2. Member States shall take appropriate measures that encourage producers to improve the design of products and components of products in order to enhance resource efficiency , reduce their environmental impacts and the generation of waste in the course of the production and subsequent use of products, and in order to ensure that the recovery and disposal of products that have become waste take place in accordance with Articles 4 and 13.";
Amendment 123
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point b
Directive 2008/98/EC
Article 8 – paragraph 2 – subparagraph 2
Such measures may encourage, inter alia, the development, production and marketing of products that are suitable for multiple use, that are technically durable and that are, after having become waste, suitable for preparation for re-use and recycling in order to facilitate proper implementation of the waste hierarchy. The measures should take into account the impact of products throughout their life cycle.
Such measures shall encourage the development, production and marketing of products and materials that are suitable for multiple use, that are technically durable and easily repairable and that are, after having become waste and been prepared for re-use or recycled, suitable to be placed on the market in order to facilitate proper implementation of the waste hierarchy. The measures shall take into account the impact of products throughout their life cycle, including the potential for multiple recycling, where appropriate, and the waste hierarchy.
Amendment 124
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point b a (new)
Directive 2008/98/EC
Article 8 – paragraph 2 a (new)
(ba)   the following paragraph is inserted:
"2a. Member States shall notify to the Commission measures adopted under paragraphs 1 and 2 by [insert date thirty-six months after the entry into force of this Directive] and thereafter every three years following that date. The Commission shall publish the notifications received.";
Amendment 125
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point b b (new)
Directive 2008/98/EC
Article 8 – paragraph 4
(bb)   paragraph 4 is replaced by the following:
4.   The extended producer responsibility shall be applied without prejudice to the responsibility for waste management as provided for in Article 15(1) and without prejudice to existing waste stream specific and product specific legislation .
“4. The extended producer responsibility shall be applied without prejudice to the responsibility for waste management as provided for in Article 15(1). The provisions of Articles 8 and 8a are without prejudice to the provisions concerning extended producer responsibility contained in other Union legal acts.”;
Amendment 126
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Directive 2008/98/EC
Article 8 – paragraph 5
5.   The Commission shall organise an exchange of information between Member States and the actors involved in producer responsibility schemes on the practical implementation of the requirements defined in Article 8a and on best practices to ensure adequate governance and cross-border cooperation of extended producer responsibility schemes. This includes, inter alia, exchange of information on the organisational features and the monitoring of producer responsibility organisations, the selection of waste management operators and the prevention of littering. The Commission shall publish the results of the exchange of information.
5.   No later than ... [insert date 6 months after the entry into force of this Directive], the Commission shall set up a platform for an exchange of information between Member States, civil society organisations, regional and local authorities and the actors involved in producer responsibility schemes on the practical implementation of the requirements defined in Article 8a and on best practices to ensure adequate governance and cross-border cooperation of extended producer responsibility schemes and a smooth functioning of the internal market. This includes, inter alia, exchange of information on the organisational features and the monitoring of producer responsibility organisations, the development of harmonised criteria for the financial contributions referred to in point (b) of Article 8a(4), the selection of waste management operators and the prevention of waste generation and littering. The Commission shall publish the results of the exchange of information and may provide guidelines on relevant aspects.
No later than ... [insert date 12 months after the entry into force of this Directive], based on a study and taking into account the input from the platform, the Commission shall adopt guidelines on the determination of the financial contributions referred to in point (b) of Article 8a(4). To ensure coherence in the internal market, the Commission may adopt delegated acts in accordance with Article 38a in order to supplement this Directive by establishing harmonised criteria to be followed by Member States when determining the financial contributions referred to in point (b) of Article 8a(4).
Amendment 127
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8 a – title
General requirements for extended producer responsibility schemes
General minimum requirements for extended producer responsibility schemes
Amendment 128
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8 a – paragraph 1 – indent 1
—   define in a clear way the roles and responsibilities of producers of products placing goods on the market of the Union, organisations implementing extended producer responsibility on their behalf, private or public waste operators, local authorities and, where appropriate, recognised preparation for re-use operators;
—   define in a clear way the roles and responsibilities of all actors involved, including producers of products placing goods on the market of the Union, organisations implementing extended producer responsibility on their behalf in the framework of collective schemes , private or public waste operators, distributors, regional and local authorities and, where appropriate, re-use and repair networks, social economy enterprises and recognised preparation for re-use operators;
Amendment 129
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8 a – paragraph 1 – indent 2
—   define measurable waste management targets, in line with the waste hierarchy, aiming to attain at least the quantitative targets relevant for the scheme as laid down in this Directive, Directive 94/62/EC, Directive 2000/53/EC, Directive 2006/66/EC and Directive 2012/19/EU;
—   define measurable waste reduction targets and waste management targets, in line with the waste hierarchy, aiming to attain at least the quantitative targets relevant for the scheme as laid down in this Directive, Directive 94/62/EC, Directive 2000/53/EC, Directive 2006/66/EC and Directive 2012/19/EU;
Amendment 130
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8 a – paragraph 1 – indent 3
—   establish a reporting system to gather data on the products placed on the Union market by the producers subject to extended producer responsibility. Once these products become waste, the reporting system shall ensure that data is gathered on the collection and treatment of that waste specifying, where appropriate, the waste material flows;
—   establish a reporting system to gather reliable and accurate data on the products placed on the Union market by the producers subject to extended producer responsibility. Once these products become waste, the reporting system shall ensure that reliable and accurate data is gathered on the collection and treatment of that waste specifying, where appropriate, the waste material flows;
Amendment 131
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8 a – paragraph 1 – indent 4
–   ensure equal treatment and non-discrimination between producers of products and with regards to small and medium enterprises.
–   ensure equal treatment and non-discrimination between producers of products, as well as between providers of collection, transport and treatment services and with regard to small and medium enterprises.
Amendment 132
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8 a – paragraph 2
2.   Member States shall take the necessary measures to ensure that the waste holders targeted by the extended producer responsibility schemes established in accordance with Article 8, paragraph 1, are informed about the available waste collection systems and the prevention of littering. Member States shall also take measures to create incentives for the waste holders to take part in the separate collection systems in place, notably through economic incentives or regulations, when appropriate.
2.   Member States shall take the necessary measures to ensure that the waste holders targeted by the extended producer responsibility schemes established in accordance with Article 8, paragraph 1, are informed about the available take-back systems, re-use and repair networks, recognised preparation for re-use operators, waste collection systems and the prevention of littering. Member States shall also take measures to create incentives for the waste holders to assume their responsibility to deliver their waste into separate collection systems in place, notably through economic incentives or regulations, when appropriate.
Amendment 133
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8 a – paragraph 3 – point a
(a)   has a clearly defined geographical, product and material coverage;
(a)   has a clearly defined geographical, product and material coverage that is based on the sales area and without limiting these areas to the territories in which the collection and management of waste are profitable ;
Amendment 134
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8 a – paragraph 3 – point b
(b)   has the necessary operational and financial means to meet its extended producer responsibility obligations;
(b)   has the necessary operational and/or financial means to meet its extended producer responsibility obligations;
Amendment 135
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8 a – paragraph 3 – point d – indent 2
—   the financial contributions paid by the producers;
—   in the framework of collective schemes , the financial contribution paid by the producers per unit sold or per tonne of product placed on the market ;
Amendment 136
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8 a – paragraph 3 – point d – indent 3
—   the selection procedure for waste management operators.
—   in the framework of collective schemes, the selection procedure for waste management operators;
Amendment 137
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8 a – paragraph 3 – point d – indent 3 a (new)
—   the attainment of the waste reduction targets and waste management targets referred to in the second indent of paragraph 1.
Amendment 139
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8 a – paragraph 4 – point a – introductory part and indent 1
a)   cover the entire cost of waste management for the products it puts on the Union market, including all the following :
a)   cover the entire cost of waste management for the products it puts on the Union market, as follows :
–   costs of separate collection, sorting and treatment operations required to meet the waste management targets referred to in paragraph 1, second indent, taking into account the revenues from re-use or sales of secondary raw material from their products;
–   costs of separate collection, sorting, transport and treatment operations required to ensure the proper management of waste taking into account the revenues from re-use or sales of secondary raw material from their products;
Amendment 140
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8 a – paragraph 4 – point b
(b)   are modulated on the basis of the real end-of-life cost of individual products or groups of similar products, notably by taking into account their re-usability and recyclability;
(b)   in the framework of collective schemes, are modulated on the basis of the real end-of-life cost of individual products or groups of similar products, notably by taking into account their durability, reparability , re-usability and recyclability and the presence of hazardous substances hereby taking a life-cycle approach and aligned with the requirements set by relevant Union law, and when available, based on harmonised criteria in order to ensure a smooth functioning of the internal market ;
Amendment 141
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8 a – paragraph 4 – point c
(c)   are based on the optimised cost of the services provided in cases where public waste management operators are responsible for implementing operational tasks on behalf of the extended producer responsibility scheme.
(c)   are based on the optimised cost of the services provided in cases where public waste management operators are responsible for implementing operational tasks on behalf of the extended producer responsibility scheme. The optimised cost of the service shall be transparent and reflect the costs incurred by public waste management operators when implementing operational tasks on behalf of extended producer responsibility schemes.
Amendment 142
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8 a – paragraph 5 – subparagraph 1
Member States shall establish an adequate monitoring and enforcement framework with the view to ensure that the producers of products are implementing their extended producer responsibility obligations, the financial means are properly used, and all actors involved in the implementation of the scheme report reliable data.
Member States shall establish an adequate monitoring and enforcement framework with the view to ensure that the producers of products are implementing their extended producer responsibility obligations, including in the case of distance sales, the financial means are properly used, and all actors involved in the implementation of the scheme report reliable data.
Amendment 143
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8 a – paragraph 5 – subparagraph 2
Where, in the territory of a Member State, multiple organisations implement extended producer responsibility obligations on behalf of the producers, Member State shall establish an independent authority to oversee the implementation of extended producer responsibility obligations.
Member States shall designate or establish an independent authority to oversee the implementation of extended producer responsibility obligations and in particular to verify the extended producer responsibility organisations' compliance with the requirements laid down in this Directive.
Amendment 144
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8 a – paragraph 6
6.   Member States shall establish a platform to ensure a regular dialogue between the stakeholders involved in the implementation of extended producer responsibility, including private or public waste operators, local authorities and, where applicable, recognised preparation for re-use operators.'
6.   Member States shall designate or establish a platform to ensure a regular dialogue between all stakeholders involved in the implementation of extended producer responsibility, including producers and distributors , private or public waste operators, social economy actors , local authorities, civil society organisations and, where applicable, re-use and repair networks and recognised preparation for re-use operators.
Amendment 145
Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive 2008/98/EC
Article 9 – paragraph -1 (new)
-1.   In order to contribute to the prevention of waste, Member States shall aim to achieve at least the following objectives:
(a)   a significant reduction in waste generation;
(b)   decoupling of waste generation from economic growth;
(c)   a progressive substitution of substances of very high concern as defined in Article 57 of Regulation (EC) No 1907/2006 if there are suitable alternative substances or technologies that are economically and technically viable;
(d)   a Union food waste reduction target of 30 % by 2025 and of 50 % by 2030 compared to the 2014 baseline;
(e)   a Union marine litter reduction target of 30 % by 2025 and 50 % by 2030 compared to the 2014 baseline.
Amendment 146
Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive 2008/98/EC
Article 9 – paragraph 1
1.   Member States shall take measures to prevent waste generation. These measures shall:
1.   For the purpose of achieving the objectives set out in paragraph -1 , Member States shall take at least the following measures:
–   encourage the use of products that are resource efficient, durable, reparable and recyclable;
–   promote and support sustainable production and consumption models and the use of products that are resource efficient, durable, easy to share, reusable, reparable and recyclable;
—   discourage the placing on the market of products with planned obsolescence;
—   identify and target products that are the main sources of raw materials of a high importance to the economy of the Union and whose supply is associated with a high risk to prevent that those materials become waste;
—   identify and target products that are the main sources of raw materials of a high importance to the economy of the Union and whose supply is associated with a high risk to prevent that those materials become waste;
–   encourage the setting up of systems promoting reuse activities, including in particular for electrical and electronic equipment, textiles and furniture;
–   incentivise the extension of the life span of products, where environmentally beneficial, and support the setting up of systems promoting repair, re-use, remanufacturing and reconditioning activities of products as referred to in Article 9a;
–   reduce waste generation in processes related to industrial production, extraction of minerals and construction and demolition, taking into account best available techniques;
–   reduce waste generation in processes related to industrial production, manufacturing, extraction of minerals, construction and demolition, including via means such as pre-demolition audits, and in processes related to commerce and services, taking into account best available techniques and best practices;
–   reduce the generation of food waste in primary production, in processing and manufacturing, in retail and other distribution of food, in restaurants and foodservices as well as in households.
–   reduce the total generation of food waste;
—   reduce food losses along the whole supply chain, including primary production, transportation and storage;
–   prevent littering by identifying the products that are the main sources of littering in the natural environment, including the marine environment, and take measures to reduce littering from these sources;
—   ensure communication of substances of very high concern from the supply chain to consumers and waste treatment operators;
–   develop and support information campaigns to raise awareness on the issues surrounding waste prevention and littering.
Amendment 147
Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive 2008/98/EC
Article 9 – paragraph 2
2.   Member States shall monitor and assess the implementation of the waste prevention measures. For that purpose, they shall use appropriate qualitative or quantitative indicators and targets, notably on the per capita quantity of municipal waste that is disposed of or subject to energy recovery.
2.   Member States shall monitor and assess the implementation of the waste prevention measures. For that purpose, they shall use appropriate qualitative or quantitative indicators and targets, notably on the per capita quantity of municipal waste generated and the amount of municipal waste that is disposed of or subject to energy recovery.
Amendment 148
Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive 2008/98/EC
Article 9 – paragraph 2 a (new)
2a.   The Commission shall adopt delegated acts in accordance with Article 38a in order to supplement this Directive by establishing indicators to measure the progress in the reduction of waste generation and in the implementation of the waste prevention measures listed in paragraph 1 of this Article. Those delegated acts shall be adopted within 18 months of the entry into force of this Directive.
Amendment 149
Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive 2008/98/EC
Article 9 – paragraph 3
3.   Member States shall monitor and assess the implementation of their food waste prevention measures by measuring food waste on the basis of methodologies established in accordance with paragraph 4.
3.   Member States shall monitor and assess the implementation of their food waste prevention measures by measuring the levels of food waste on the basis of a common methodology. By 31 December 2017, the Commission shall adopt a delegated act in accordance with Article 38a in order to supplement this Directive by establishing the methodology, including minimum quality requirements, for the uniform measurement of the levels of food waste. That methodology shall take into account the waste prevention measures implemented through donations or other ways of preventing food from becoming waste.
Amendment 236
Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive 2008/98/EC
Article 9 – paragraph 3a (new)
3a.   By 31 December 2020, the Commission shall examine the possibility of setting up binding Union-wide food waste reduction targets to be met by 2025 and 2030 on the basis of the measurements calculated in accordance with the common methodology established pursuant to paragraph 3. To that end, the Commission shall draw up a report, accompanied by a legislative proposal, if appropriate, which shall be sent to the European Parliament and to the Council.
Amendment 150
Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive 2008/98/EC
Article 9 – paragraph 3 b (new)
3b.   Member States shall monitor and assess the implementation of their land-based marine litter prevention measures by measuring the levels of land-based marine litter on the basis of a common methodology. By 31 December 2017, the Commission shall adopt a delegated act in accordance with Article 38a to establish the methodology, including minimum quality requirements, for the uniform measurement of land-based marine litter.
Amendment 151
Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive 2008/98/EC
Article 9 – paragraph 3 c (new)
3c.   By 31 December 2018, the Commission shall examine the possibility of setting up Union-wide waste prevention targets to be met by 2025 and 2030 on the basis of a common indicator that is calculated by reference to the total amount of municipal waste generated per capita. To that end, the Commission shall draw up a report, accompanied by a legislative proposal, if appropriate, which shall be sent to the European Parliament and to the Council.
Amendment 152
Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive 2008/98/EC
Article 9 – paragraph 4
4.   The Commission may adopt implementing acts to establish indicators to measure the overall progress in the implementation of waste prevention measures. In order to ensure uniform measurement of the levels of food waste, the Commission shall adopt an implementing act to establish a common methodology, including minimum quality requirements. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 39(2).
deleted
Amendment 153
Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive 2008/98/EC
Article 9 – paragraph 5
5.   Every year, the European Environment Agency shall publish a report describing the evolution as regards the prevention of waste generation for each Member State and for the Union as a whole, including on decoupling of waste generation from economic growth and on the transition towards a circular economy.
deleted
Amendment 154
Proposal for a directive
Article 1 – paragraph 1 – point 9 a (new)
Directive 2008/98/EC
Article 9 a (new)
(9a)   The following Article is inserted:
"Article 9a
Re-use
1.   Member States shall support the setting up of systems which promote re-use activities and the extension of the life span of products provided that the quality and safety of products are not compromised.
2.   Member States shall take measures to promote the re-use of products, in particular those containing significant amounts of critical raw materials. These measures may include encouraging the establishment and support of recognised re-use networks, deposit-refund and return-refill schemes and incentivising remanufacturing, refurbishment and repurposing of products.
Member States shall make use of economic instruments and measures and may set up quantitative targets.
3.   Member States shall take the necessary measures to enable that re-use operators have access to instruction manuals, spare parts, technical information, or any other instrument, equipment or software required for the re-use of products, without prejudice to intellectual property rights.”;
Amendment 155
Proposal for a directive
Article 1 – paragraph 1 – point 9 b (new)
Directive 2008/98/EC
Article 9 b (new)
(9b)   The following Article is inserted:
“Article 9b
Sharing platforms
1.   The Commission shall actively promote sharing platforms as a business model. The Commission shall create a strong connection between those platforms and the new guidelines for a collaborative economy and shall investigate all possible measures to provide incentives for them including extended producer responsibility, public procurement and ecodesign.
2.   Member States shall support the setting up of systems promoting sharing platforms in all sectors.”;
Amendment 156
Proposal for a directive
Article 1 – paragraph 1 – point 9 c (new)
Directive 2008/98/EC
Article 10 – paragraph 2
(9c)   In Article 10, paragraph 2 is replaced by the following:
2.   Where necessary to comply with paragraph 1 and to facilitate or improve recovery, waste shall be collected separately if technically, environmentally and economically practicable and shall not be mixed with other waste or other material with different properties.
"2. In order to comply with paragraph 1 and to facilitate or improve recovery, waste shall be collected separately and shall not be mixed with other waste or other material with different properties.
By way of derogation from the first subparagraph, Member States may exclude sparsely populated areas where it is demonstrated that separate collection does not deliver the best overall environmental outcome taking into account life-cycle thinking.
Member States shall notify the Commission of their intention to make use of this derogation. The Commission shall review the notification and assess whether the derogation is justified, taking into account the objectives of this Directive. Where the Commission has raised no objections within nine months of the notification, the derogation shall be considered to be granted. Where the Commission objects, it shall adopt a decision and inform the Member State accordingly.";
Amendment 157
Proposal for a directive
Article 1 – paragraph 1 – point 9 d (new)
Directive 2008/98/EC
Article 10 – paragraph 2 a (new)
(9d)   In Article 10, the following paragraph is added:
“2a. Member States shall take measures to ensure that waste that has been separately collected in accordance with Article 11(1) and Article 22 is not accepted in an incineration plant, with the exception of residue resulting from the sorting of that waste.”;
Amendment 158
Proposal for a directive
Article 1 – paragraph 1 – point 9 e (new)
Directive 2008/98/EC
Article 10 – paragraph 2 b (new)
(9e)   In Article 10, the following paragraph is added:
"2b. Member States shall take the necessary measures to decontaminate hazardous waste before recovery, where appropriate.";
Amendment 159
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point –a (new)
Directive 2008/98/EC
Article 11 – Title
(-a)   the title is replaced by the following:
Re-use and recycling
"Preparation for re-use and recycling";
Amendment 160
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a
Directive2008/98/EC
Article 11 – paragraph 1 – subparagraph 1
1.   Member States shall take measures, as appropriate, to promote preparing for re-use activities, notably by encouraging the establishment of and support for re-use and repair networks and by facilitating the access of such networks to waste collection points, and by promoting the use of economic instruments, procurement criteria, quantitative objectives or other measures.
1.   Member States shall take measures to promote preparing for re-use activities, inter alia, by facilitating the establishment of and recognition of preparation for re-use operators and networks, in particular those operating as social enterprises, by facilitating the access of such recognised operators and networks to waste collection points as well as by promoting the use of economic instruments, procurement criteria, quantitative objectives or other measures.
Amendment 161
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a
Directive2008/98/EC
Article 11 – paragraph 1 – subparagraph 2
Member States shall take measures to promote high quality recycling and, to this end, shall set up separate collection of waste where technically, environmentally and economically practicable and appropriate to meet the necessary quality standards for the relevant recycling sectors and to attain the targets set out in paragraph 2.
Member States shall take measures to promote high quality recycling and, to this end, shall set up separate collection of waste, as referred to in Article 10(2), to meet the necessary quality standards for the relevant recycling sectors.
Amendment 162
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a a (new)
Directive2008/98/EC
Article 11 – paragraph 1 – subparagraph 2 a (new)
(aa)   in paragraph 1, the following subparagraph is inserted:
"Member States shall make use of regulatory and economic instruments in order to incentivise the uptake of secondary raw materials.”;
Amendment 164
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a b (new)
Directive2008/98/EC
Article 11 – paragraph 1 – subparagraph 3
(ab)   in paragraph 1, the third subparagraph is replaced by the following:
"Subject to Article 10(2), by 2015 separate collection shall be set up for at least the following: paper, metal, plastic and glass."
"Subject to Article 10(2), by 2015 separate collection shall be set up for at least the following: paper, metal, plastic and glass. In addition, Member States shall set up mandatory separate collection of textiles by 2020.”;
Amendment 165
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point b
Directive 2008/98/EC
Article 11 – paragraph 1 – subparagraph 4
Member States shall take measures to promote sorting systems for construction and demolition waste and for at least the following: wood, aggregates, metal, glass and plaster.
Member States shall take measures to ensure sorting of construction and demolition waste for at least the following: wood, mineral fractions (concrete, bricks, tiles and ceramics), metal, plastics, gypsum, glass and plaster. Member States may use measures as listed in Annex IVa.
Member States shall incentivise pre-demolition audits in order to minimise the content of pollutants or other undesirable substances in construction and demolition waste and thus contribute to high quality recycling.
Amendment 166
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point b a (new)
Directive 2008/98/EC
Article 11 – paragraph 1 – subparagraph 4 a (new)
(ba)   In paragraph 1, the following subparagraph is inserted:
“Member States shall take measures to promote sorting systems for commercial and industrial waste for at least the following: metals, plastics, paper and cardboard, bio-waste, glass and wood.”;
Amendment 167
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point b b (new)
Directive 2008/98/EC
Article 11 – paragraph 2 – introductory part
(bb)   the introductory part of paragraph 2 is replaced by the following:
In order to comply with the objectives of this Directive, and move towards a European recycling society with a high level of resource efficiency, Member States shall take the necessary measures designed to achieve the following targets:
"In order to comply with the objectives of this Directive, and move towards a European circular economy with a high level of resource efficiency, Member States shall take the necessary measures designed to achieve the following targets:";
Amendment 168
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d
Directive 2008/98/EC
Article 11 – paragraph 2 – point c
(c)   by 2025, the preparing for re-use and the recycling of municipal waste shall be increased to a minimum of 60% by weight;
(c)   by 2025, the preparing for re-use and the recycling of municipal waste shall be increased to a minimum of 60% by weight of municipal waste generated, including a minimum of 3% of total municipal waste prepared for re-use ;
Amendment 169
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d
Directive 2008/98/EC
Article 11 – paragraph 2 – point d
(d)   by 2030, the preparing for re-use and the recycling of municipal waste shall be increased to a minimum of 65% by weight.
(d)   by 2030, the preparing for re-use and the recycling of municipal waste shall be increased to a minimum of 70% by weight of municipal waste generated, including a minimum of 5 % of total municipal waste prepared for re-use;
Amendment 170
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point e
Directive 2008/98/EC
Article 11 – paragraph 3 – subparagraph 1
3.   Estonia, Greece, Croatia, Latvia, Malta, Romania and Slovakia may obtain five additional years for the attainment of the targets referred to in paragraph 2(c) and (d). The Member State shall notify the Commission of its intention to make use of this provision at the latest 24 months before the respective deadlines laid down in paragraphs 2(c) and (d). In the event of an extension, the Member State shall take the necessary measures to increase the preparing for re-use and the recycling of municipal waste to a minimum of 50% and 60% by weight, by 2025 and 2030 respectively.
3.   A Member State may request a five-year extension to attain the target referred to in point (c) of paragraph 2 if it fulfils the following conditions:
(a)   it has prepared for re-use and recycled less than 20 % of its municipal waste in 2013; and
(b)   it is not included in the list of Member States at risk of not achieving the target of preparing for re-use and recycling at least 50 % of their municipal waste by 2025 established pursuant to point (b) of Article 11b(2).
The Member State shall submit a request to the Commission to obtain such an extension at the latest 24 months before the deadline laid down in point (c) of paragraph 2, but not before the publication of the report referred to in Article 11b concerning the achievement of the target laid down in this paragraph.
Amendment 171
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point e
Directive 2008/98/EC
Article 11 – paragraph 3 – subparagraph 2
The notification shall be accompanied by an implementation plan presenting the measures needed to ensure compliance with the targets before the new deadline. The plan shall also include a detailed timetable for the implementation of the proposed measures and an assessment of their expected impacts.
The request for extension shall be accompanied by an implementation plan presenting the measures needed to ensure compliance with the target before the new deadline. The plan shall be drafted on the basis of an evaluation of the existing waste management plans and shall also include a detailed timetable for the implementation of the proposed measures and an assessment of their expected impacts.
In addition, the plan referred to in the third subparagraph shall comply at least with the following requirements:
(a)   it uses appropriate economic instruments to provide incentives for the application of the waste hierarchy as referred to in Article 4(1) of this Directive;
(b)   it demonstrates efficient and effective use of Structural and Cohesion Funds and other measures through demonstrable long-term investments which finance the development of the waste management infrastructures that are needed to meet the relevant targets ;
(c)   it provides high-quality statistics and generates clear forecasts of waste management capacities and of the distance to the targets as specified in Article 11(2) of this Directive, Article 6(1) of Directive 94/62/EC and Article 5(2a), (2b) and (2c) of Directive 1999/31/EC;
(d)   it has set out waste prevention programme as referred to in Article 29 of this Directive.
The Commission shall assess whether the requirements set out in points (a) to (d) of the fourth subparagraph are fulfilled. Unless the Commission raises objections to the presented plan within five months of the date of receipt, the request for extension shall be deemed to be accepted.
If the Commission raises objections to the presented plan, it shall require the Member State concerned to submit a revised plan within two months of receipt of those objections.
The Commission shall assess the revised plan within two months of its receipt and shall accept or reject the request for extension in writing. In the absence of a decision from the Commission within that deadline, the request for extension shall be deemed to be accepted.
The Commission shall inform the European Parliament and the Council about the outcome of its decisions within two months of taking those decisions.
If the extension referred to in the first subparagraph is granted but the Member State does not prepare for re-use and recycle at least 50 % of its municipal waste by 2025, that extension shall be considered as automatically cancelled.
Amendment 172
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point e
Directive 2008/98/EC
Article 11 – paragraph 3 a (new)
3a.   A Member State may request a five year extension to attain the target referred to in point (d) of paragraph 2 if it fulfils the following conditions:
(a)   it complies with the conditions set out in points (a) and (b) of the first subparagraph of paragraph 3; and
(b)   it is not included in the list of Member States at risk of not achieving the target of preparing for re-use and recycling at least 60% of their municipal waste by 2030 established pursuant to point (b) of Article 11b(2).
In order to request the extension referred to in the first subparagraph of this Article, a Member State shall submit its request to the Commission in accordance with paragraph 3 of this Article at least 24 months before the deadline laid down in point (d) of paragraph 2 of this Article, but not before the publication of the report referred to in Article 11b concerning the achievement of the target laid down in this paragraph.
If such an extension is granted but the Member State does not prepare for re-use and recycle at least 60 % of its municipal waste by 2030, that extension shall be considered as automatically cancelled.
Amendment 173
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point e
Directive 2008/98/EC
Article 11 – paragraph 4
4.   By 31 December 2024 at the latest, the Commission shall examine the target laid down in paragraph 2(d) with a view to increasing it, and considering the setting of targets for other waste streams. To this end, a report of the Commission, accompanied by a proposal, if appropriate, shall be sent to the European Parliament and the Council.
4.   By 31 December 2024 at the latest, the Commission shall examine the target laid down in paragraph 2(d) with a view to increasing it, considering best practices and measures used by Member States to reach this target . To this end, a report of the Commission, accompanied by a proposal, if appropriate, shall be sent to the European Parliament and the Council.
Amendment 174
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point e
Directive 2008/98/EC
Article 11 – paragraph 4 a (new)
4a.   The Commission shall examine the possibility of setting preparing for re-use and recycling targets that apply to commercial waste, non-hazardous industrial waste and other waste streams to be met by 2025 and 2030. To that end, by 31 December 2018, the Commission shall draw up a report, accompanied by a legislative proposal, if appropriate, which shall be sent to the European Parliament and the Council.
Amendment 175
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point e
Directive 2008/98/EC
Article 11 – paragraph 4 b (new)
4b.   The Commission shall consider the possibility of setting preparing for re-use and recycling targets that apply to construction and demolition waste to be met by 2025 and 2030. To that end, by 31 December 2018, the Commission shall draw up a report, accompanied by a legislative proposal, if appropriate, which shall be sent to the European Parliament and the Council.
Amendment 176
Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive 2008/98/EC
Article 11 a – paragraph 1
1.   For the purpose of calculating whether the targets laid down in Article 11(2)(c) and (d) and 11(3) have been attained,
1.   For the purpose of calculating whether the targets laid down in Article 11(2)(c) and (d) and 11(3) have been attained,
(a)   the weight of the municipal waste recycled shall be understood as the weight of the input waste entering the final recycling process;
(a)   the weight of the municipal waste recycled shall be calculated as the weight of the input waste entering a final recycling process in a given year;
(b)   the weight of the municipal waste prepared for reuse shall be understood as the weight of municipal waste that has been recovered or collected by a recognised preparation for re-use operator and has undergone all necessary checking, cleaning and repairing operations to enable re-use without further sorting or pre-processing;
(b)   the weight of the municipal waste prepared for reuse shall be calculated as the weight of municipal waste that has been recovered or collected in a given year by a recognised preparation for re-use operator and has undergone all necessary checking, cleaning and repairing operations to enable re-use without further sorting or pre-processing.
(c)   Member States may include products and components prepared for re-use by recognised preparation for re-use operators or deposit-refund schemes. For the calculation of the adjusted rate of municipal waste prepared for re-use and recycled taking into account the weight of the products and components prepared for re-use, Member States shall use verified data from the operators and apply the formula set out in Annex VI.
Amendment 177
Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive 2008/98/EC
Article 11 a – paragraph 1 a (new)
1a.   By 31 December 2018, the Commission shall request the European standardisation organisations to develop European quality standards for waste materials entering the final recycling process and for secondary raw materials, in particular for plastics, based on best available practices.
Amendment 178
Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive 2008/98/EC
Article 11 a – paragraph 2
2.   In order to ensure harmonised conditions for the application of paragraph 1(b) and (c) and of Annex VI , the Commission shall adopt delegated acts in accordance with Article 38a establishing minimum quality and operational requirements for the determination of recognised preparation for re-use operators and deposit-refund schemes, including specific rules on data collection, verification and reporting.
2.   In order to ensure harmonised conditions for the application of paragraph 1(a) and (b) , the Commission shall adopt delegated acts in accordance with Article 38a establishing minimum quality and operational requirements for the determination of recognised preparation for re-use operators, deposit-refund schemes and final recycling operators , including specific rules on data collection, traceability , verification and reporting.
Amendment 179
Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive 2008/98/EC
Article 11 a – paragraph 3
3.   By way of derogation from paragraph 1, the weight of the output of any sorting operation may be reported as the weight of the municipal waste recycled provided that:
3.   Member States shall ensure that records are kept on the weight of products and materials when leaving (i.e., output) the recovery or recycling/preparing for re-use facility.
(a)   such output waste is sent into a final recycling process;
(b)   the weight of materials or substances that are not subject to a final recycling process and that are disposed or subject to energy recovery remains below 10% of the total weight to be reported as recycled.
Amendment 180
Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive 2008/98/EC
Article 11 a – paragraph 4
4.   Member States shall establish an effective system of quality control and traceability of the municipal waste to ensure that conditions laid down in paragraph 3(a) and (b) are met . The system may consist of either electronic registries set up pursuant to Article 35(4), technical specifications for the quality requirements of sorted waste or any equivalent measure to ensure the reliability and accuracy of the data gathered on recycled waste.
4.   In accordance with paragraph 2, Member States shall establish an effective system of quality control and traceability of the municipal waste to ensure compliance with the rules laid down in paragraph 1 . The system may consist of either electronic registries set up pursuant to Article 35(4), technical specifications for the quality requirements of sorted waste or any equivalent measure to ensure the reliability and accuracy of the data gathered on recycled waste. Member States shall inform the Commission about the method chosen for quality control and traceability.
Amendment 181
Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive 2008/98/EC
Article 11 a – paragraph 5
5.   For the purposes of calculating whether the targets laid down in Article 11(2)(c) and (d) and Article 11(3) have been achieved Member States may take into account the recycling of metals that takes place in conjunction with incineration in proportion to the share of the municipal waste incinerated provided that the recycled metals meet certain quality requirements.
5.   For the purposes of calculating whether the targets laid down in Article 11(2)(c) and (d) and Article 11(3) have been achieved Member States may, after the adoption by the Commission of the delegated act referred to in paragraph 6 of this Article, take into account the recycling of metals that takes place in conjunction with incineration or co-incineration in proportion to the share of the municipal waste incinerated or co-incinerated provided that the recycled metals meet certain quality requirements and that waste has been sorted prior to incineration or the obligation to set up separate collection for paper, metal, plastic, glass and bio-waste has been complied with .
Amendment 182
Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive 2008/98/EC
Article 11 a – paragraph 6
6.   In order to ensure harmonised conditions for the application of paragraph 5, the Commission shall adopt delegated acts in accordance with Article 38a establishing a common methodology for the calculation of the weight of metals that have been recycled in conjunction with incineration, including, the quality criteria for the recycled metals.
6.   In order to ensure harmonised conditions for the application of paragraph 5, the Commission shall adopt delegated acts in accordance with Article 38a establishing a common methodology for the calculation of the weight of metals that have been recycled in conjunction with incineration or co-incineration , including, the quality criteria for the recycled metals.
Amendment 183
Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2008/98/EC
Article 11 b – paragraph 1
1.   The Commission shall, in cooperation with the European Environment Agency, draw up reports on the progress towards the achievement of the targets laid down in Articles 11(2)(c) and (d) and (3) three years before each time-limit laid down in those provisions at the latest.
1.   The Commission shall, in cooperation with the European Environment Agency, draw up reports on the progress towards the achievement of the targets laid down in Articles 11(2)(c) and (d), Article 11(3) and (3a) and Article 21(1a) three years before each time-limit laid down in those provisions at the latest.
Amendment 184
Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2008/98/EC
Article 11 b – paragraph 2 – point b a (new)
(ba)   examples of best practices that are used throughout the Union and that could provide guidance for progressing towards achieving the targets.
Amendment 185
Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2008/98/EC
Article 11 b – paragraph 2 a (new)
2a.   Where necessary, the reports referred to in paragraph 1 shall address the implementation of other requirements of this Directive such as the forecasting of the attainment of the targets contained in the waste prevention programmes referred to in Article 29 and the percentage and the per capita quantity of municipal waste that is disposed of and subject to energy recovery.
Amendment 186
Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)
Directive 2008/98/EC
Article 12 – paragraph 1 a (new)
(12a)   In Article 12, the following paragraph is added:
“1a. Member States shall take the necessary measures to ensure that, by 2030, the amount of municipal waste disposed of is reduced to a maximum of 10 % of the total amount of municipal waste generated.”;
Amendment 187
Proposal for a directive
Article 1 – paragraph 1 – point 12 b (new)
Directive 2008/98/EC
Article 12 – paragraph 1 b (new)
(12b)   In Article 12, the following paragraph is added:
“1b. The Commission shall review the disposal operations listed in Annex I. In light of that review, the Commission shall adopt delegated acts supplementing this Directive laying down technical criteria and operational procedures for the disposal operations D2, D3, D4, D6, D7, and D12. If appropriate, those delegated acts shall establish a ban on the disposal operations that do not meet the requirements laid down in Article 13.”;
Amendment 188
Proposal for a directive
Article 1 – paragraph 1 – point 12 c (new)
Directive 2008/98/EC
Article 12 – paragraph 1 c (new)
(12c)   In Article 12, the following paragraph is added:
“1c. Member States shall take specific measures to prevent the disposal of waste, both directly and indirectly, into the marine environment. Member States shall report to the Commission the measures put into place to implement this paragraph 18 months after the entry into force of this Directive and every two years following that date. The Commission shall publish a biennial report based on the information provided within six months.
The Commission shall adopt implementing acts to establish modalities and indicators for the implementation of this paragraph. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 39(2).”;
Amendment 189
Proposal for a directive
Article 1 – paragraph 1 – point 12 d (new)
Directive 2008/98/EC
Article 15 – paragraph 4 a (new)
(12d)   In Article 15, the following paragraph is added:
“4a. In accordance with Directive 2014/24/EU, Member States may take measures to ensure that the selection procedure for waste management operators, carried out by local authorities and organisations which implement extended producer responsibility on behalf of a producer of products, includes social clauses with a view to supporting the role of social and solidarity enterprises and platforms.”;
Amendment 190
Proposal for a directive
Article 1 – paragraph 1 – point 12 e (new)
Directive 2008/98/EC
Article 18 – paragraph 3
(12e)   In Article 18, paragraph 3 is replaced by the following:
3.   Subject to technical and economic feasibility criteria, where hazardous waste has been mixed in a manner contrary to paragraph 1, separation shall be carried out where possible and necessary in order to comply with Article 13 .
“3. Where hazardous waste has been mixed in a manner contrary to paragraph 1, Member States shall ensure, without prejudice to Article 36, that separation is carried out where technically feasible.
Where separation is not technically feasible, the mixed waste shall be treated in an installation permitted to treat such a mixture as well as the individual components of this mixture.”;
Amendment 191
Proposal for a directive
Article 1 – paragraph 1 – point 12 f (new)
Directive 2008/98/EC
Article 20 – paragraph 1 a (new)
(12f)   in Article 20, the following paragraph is inserted:
"By 1 January 2020, Member States shall set up separate collection and reception systems for hazardous waste generated by households to ensure that hazardous waste is treated correctly and does not contaminate other municipal waste streams.";
Amendment 192
Proposal for a directive
Article 1 – paragraph 1 – point 12 g (new)
Directive 2008/98/EC
Article 20 – paragraph 1 b (new)
(12g)   in Article 20, the following paragraph is inserted:
“By ... [18 months after the date of entry into force of this Directive], the Commission shall draw up guidelines to assist and facilitate Member States in the collection and the safe management of hazardous waste generated by households.”;
Amendment 193
Proposal for a directive
Article 1 – paragraph 1 – point 12 h (new)
Directive 2008/98/EC
Article 21 – paragraph 1 – point a
(12h)   In Article 21(1), point a is replaced by the following:
(a)   waste oils are collected separately, where this is technically feasible ;
“(a) waste oils are collected separately;”;
Amendment 194
Proposal for a directive
Article 1 – paragraph 1 – point 12 i (new)
Directive 2008/98/EC
Article 21 – paragraph 1 – point c
(12i)   In Article 21(1), point c is replaced by the following:
(c)   where this is technically feasible and economically viable , waste oils of different characteristics are not mixed and waste oils are not mixed with other kinds of waste or substances, if such mixing impedes their treatment.
“(c) waste oils of different characteristics are not mixed and waste oils are not mixed with other kinds of waste or substances, if such mixing impedes their regeneration. ”;
Amendment 195
Proposal for a directive
Article 1 – paragraph 1 – point 12 j (new)
Directive 2008/98/EC
Article 21 – paragraph 1 a (new)
(12j)   In Article 21, the following paragraph is inserted:
“1a. Member States shall take the necessary measures designed to achieve that, by 2025, regeneration of waste oils is increased to a minimum of 85 % of the generated waste oils.
Waste oils sent to another Member State for the purpose of regeneration in that other Member State may only be counted towards the attainment of the target by the Member State in which those waste oils were collected, and if the relevant requirements of Regulation (EC) No 1013/2006 on transboundary shipments of hazardous waste are satisfied.
Waste oils exported from the Union for regeneration, preparing for re-use or recycling shall only count towards the attainment of the target by the Member State in which they were collected if, in accordance with Regulation (EC) No 1013/2006, the exporter can prove that the shipment of waste complies with the requirements of that Regulation and that the regeneration treatment of waste oils outside the Union took place in conditions that are equivalent to the requirements of the relevant Union environmental law.”;
Amendment 196
Proposal for a directive
Article 1 – paragraph 1 – point 12 k (new)
Directive 2008/98/EC
Article 21 – paragraph 2
(12k)   In Article 21, paragraph 2 is replaced by the following:
2.   For the purposes of separate collection of waste oils and their proper treatment, Member States may, according to their national conditions, apply additional measures such as technical requirements, producer responsibility, economic instruments or voluntary agreements.
“2. To comply with the obligations set out in paragraphs 1 and 1a, Member States may, according to their national conditions, apply additional measures such as technical requirements, producer responsibility, economic instruments or voluntary agreements.”;
Amendment 197
Proposal for a directive
Article 1 – paragraph 1 – point 12 l (new)
Directive 2008/98/EC
Article 21 – paragraph 3
(12l)   In Article 21, paragraph 3 is replaced by the following:
3.   If waste oils, according to national legislation, are subject to requirements of regeneration, Member States may prescribe that such waste oils shall be regenerated if technically feasible and, where Articles 11 or 12 of Regulation (EC) No 1013/2006 apply, restrict the transboundary shipment of waste oils from their territory to incineration or co-incineration facilities in order to give priority to the regeneration of waste oils.
3. Member States may, where Articles 11 or 12 of Regulation (EC) No 1013/2006 apply, restrict the transboundary shipment of waste oils from their territory to incineration or co-incineration facilities in order to give priority to the regeneration of waste oils.”;
Amendment 198
Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2008/98/EC
Article 22 – paragraph 1
Member States shall ensure the separate collection of bio-waste where technically, environmentally and economically practicable and appropriate to ensure the relevant quality standards for compost and to attain the targets set out in Article 11(2)(a), (c) and (d) and 11(3).
1.   Member States shall ensure separate collection at source of bio-waste, in accordance with Article 10(2).
Amendment 199
Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2008/98/EC
Article 22 – paragraph 1 a (new)
1a.   Member States shall encourage home-composting.
Amendment 237
Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2008/98/EC
Article 22 – paragraph 2
They shall take measures, as appropriate, and in accordance with Articles 4 and 13, to encourage the following:
2.   Member States shall take measures, including traceability and input- and output-related quality assurance schemes, in accordance with Articles 4 and 13, to ensure the organic recycling of bio-waste in a way that fulfils a high level of environmental protection and the output of which meets relevant high quality standards.
(a)   the recycling, including composting, and digestion of bio-waste;
(b)   the treatment of biowaste in a way that fulfils a high level of environmental protection;
(c)   the use of environmentally safe materials produced from bio-waste.
Amendment 242
Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2008/98/EC
Article 22 – paragraph 2 a (new)
2a.   The weight of bio-waste recycled shall be understood as the weight of the input waste entering an organic recycling process in a given year.
The weight of materials or substances that are not subject to a final recycling process and that are disposed of or subject to energy recovery shall not be reported as recycled.
Amendment 201
Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2008/98/EC
Article 22 – paragraph 2 b (new)
2b.   The Commission shall, by 31 December 2018, propose an amendment to Regulation (EC) No 2150/2002 of the European Parliament and of the Council 1a to introduce European waste codes for municipal bio-waste that has been separately collected at source.
_______________
1a Regulation (EC) No 2150/2002 of the European Parliament and of the Council of 25 November 2002 on waste statistics (OJ L 332, 9.12.2002, p. 1).
Amendment 238
Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2008/98/EC
Article 22 – paragraph 2 c (new)
2c.   By 31 December 2018, the Commission shall request the European standardisation organisations to develop European quality standards for bio-waste entering organic recycling processes, for compost and for digestate, based on best available practices.
Amendment 202
Proposal for a directive
Article 1 – paragraph 1 – point 13 a (new)
Directive 2008/98/EC
Article 24 – paragraph 1 – point b
(13a)   In Article 24, point b is replaced by the following:
b)   recovery of waste.
"b) recovery of non-hazardous waste.";
Amendment 203
Proposal for a directive
Article 1 – paragraph 1 – point 14
Directive 2008/98/EC
Article 26 – paragraph 3
Member States may exempt the competent authorities from keeping a register of establishments or undertakings which collect or transport quantities of non-hazardous waste not exceeding 20 tonnes annually.
Member States may exempt the competent authorities from keeping a register of establishments or undertakings which collect or transport quantities of non-hazardous waste not exceeding 20 tonnes and of hazardous waste not exceeding 2 tonnes annually.
Amendment 204
Proposal for a directive
Article 1 – paragraph 1 – point 14
Directive 2008/98/EC
Article 26 – paragraph 4
The Commission may adopt delegated acts in accordance with Article 38a in order to adapt the threshold for quantities of non-hazardous waste.
deleted
Amendment 205
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point a
Directive 2008/98/EC
Article 27 – paragraph 1
1.   The Commission shall be empowered to adopt delegated acts in accordance with Article 38a setting out technical minimum standards for treatment activities which require a permit pursuant to Article 23 where there is evidence that a benefit in terms of the protection of human health and the environment would be gained from such minimum standards.
1.   The Commission shall be empowered to adopt delegated acts in accordance with Article 38a setting out technical minimum standards for any treatment activities, in particular for separate collection, sorting and recycling of waste, which require a permit pursuant to Article 23 where there is evidence that a benefit in terms of the protection of human health and the environment would be gained from such minimum standards.
Amendment 206
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point a – point ii
Directive 2008/98/EC
Article 28 – paragraph 3 – point f
(f)   measures to combat all forms of littering and to clean up all types of litter.
(f)   measures to combat and prevent all forms of littering and to clean up all types of litter.
Amendment 207
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point a – point ii a (new)
Directive 2008/98/EC
Article 28 – paragraph 3 – point f a (new)
(iia)   the following point is added:
“(fa) sufficient funding opportunities for local authorities to promote waste prevention and develop optimal separate collection schemes and infrastructure in order to comply with the objectives set out in this Directive.”;
Amendment 208
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point b
Directive 2008/98/EC
Article 28 – paragraph 5
5.   Waste management plans shall conform to the waste planning requirements laid down in Article 14 of Directive 94/62/EC, the targets laid down in Article 11(2) and (3) of this Directive and the requirements in Article 5 of Directive 1999/31/EC.
5.   Waste management plans shall conform to the waste planning requirements laid down in Article 14 of Directive 94/62/EC, the targets laid down in Article 11(2) of this Directive and the requirements in Article 5 of Directive 1999/31/EC.
Amendment 209
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point a
Directive 2008/98/EC
Article 29 – paragraph 1 – subparagraph 1
1.   Member States shall establish waste prevention programmes setting out waste prevention measures in accordance with Articles 1, 4 and 9.
1.   In order to contribute towards reaching at least the objectives listed in Article 1, Article 4 and paragraph -1 of Article 9, Member States shall establish waste prevention programmes, setting out at least waste prevention measures in accordance with paragraph 1 of Article 9.
Amendment 210
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point a a (new)
Directive 2008/98/EC
Article 29 – paragraph 1 – subparagraph 2
(aa)   in paragraph 1, the second subparagraph is replaced by the following:
Such programmes shall be integrated either into the waste management plans provided for in Article 28 or into other environmental policy programmes, as appropriate, or shall function as separate programmes. If any such programme is integrated into the waste management plan or into other programmes, the waste prevention measures shall be clearly identified.
"Such programmes shall be integrated either into the waste management plans provided for in Article 28 or into other environmental policy programmes, as appropriate, or shall function as separate programmes. If any such programme is integrated into the waste management plan or into other programmes, the waste prevention objectives and measures shall be clearly identified."
Amendment 211
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point a b (new)
Directive 2008/98/EC
Article 29 – paragraph 2
(ab)   in paragraph 2, the first subparagraph is replaced by the following:
2.   The programmes provided for in paragraph 1 shall set out the waste prevention objectives. Member States shall describe the existing prevention measures and evaluate the usefulness of the examples of measures indicated in Annex IV or other appropriate measures.
"2. In the programmes referred to in paragraph 1, Member States shall describe, at least, the implementation of the prevention measures referred to in paragraph 1 of Article 9 and their contribution to the achievement of the objectives set out in paragraph -1 of Article 9. Member States shall, where relevant, describe the contribution of instruments and measures listed in Annex IVa and shall evaluate the usefulness of the examples of measures indicated in Annex IV or other appropriate measures.
Amendment 212
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point a c (new)
Directive 2008/98/EC
Article 29 – paragraph 2 a (new)
(ac)   the following paragraph is inserted:
“2a. Member States shall adopt specific food waste prevention programmes within their waste prevention programmes as referred to in this Article.”;
Amendment 213
Proposal for a directive
Article 1 – paragraph 1 – point 17 a (new)
Directive 2008/98/EC
Article 30 – paragraph 2
(17a)   In Article 30, paragraph 2 is replaced by the following:
2.   The European Environment Agency is invited to include in its annual report a review of progress in the completion and implementation of waste prevention programmes.
"2. The European Environment Agency shall publish every two years a report containing a review of the progress made in the completion and implementation of waste prevention programmes and the achievements made as regards the objectives of the waste prevention programmes for each Member State and for the Union as a whole, including the decoupling of waste generation from economic growth and the transition towards a circular economy.";
Amendment 214
Proposal for a directive
Article 1 – paragraph 1 – point 19 – point b
Directive 2008/98/EC
Article 35 – paragraph 4
4.   Member States shall set up an electronic registry or coordinated registries to record the data on hazardous waste referred to in paragraph 1 covering the entire geographical territory of the Member State concerned. Member States may establish such registries for other waste streams, in particular those waste streams for which targets are set in Union legislation. Member States shall use the data on waste reported by industrial operators in the European Pollutant Release and Transfer Register set up under Regulation (EC) No 166/2006 of the European Parliament and of the Council (*).
4.   Member States shall set up an electronic registry or coordinated registries, or use already established electronic registries or coordinated registries, to record the data on hazardous waste referred to in paragraph 1 covering the entire geographical territory of the Member State concerned. Member States shall establish such registries for at least the waste streams for which targets are set in Union legislation. Member States shall use the data on waste reported by industrial operators in the European Pollutant Release and Transfer Register set up under Regulation (EC) No 166/2006 of the European Parliament and of the Council (*).
Amendment 215
Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2008/98/EC
Article 37 – paragraph 1
1.   Member States shall report the data concerning the implementation of Article 11(2)(a) to (d) and Article 11(3) for each calendar year to the Commission. They shall report this data electronically within 18 months of the end of the reporting year for which the data are collected. The data shall be reported in the format established by the Commission in accordance with paragraph 6. The first reporting shall cover the data for the period from 1 January 2020 to 31 December 2020.
1.   Member States shall report the data concerning the progress towards the achievement of the targets laid down in paragraph -1 of Article 9, points (a) to (d) of Article 11(2) , Article 11(3) and (3a) and Article 21 for each calendar year to the Commission. They shall collect and process this data in accordance with the common methodology referred to in paragraph 6 of this Article and report it electronically within 12 months of the end of the reporting year for which the data are collected. The data shall be reported in the format established by the Commission in accordance with paragraph 6. The first reporting, with respect to the targets in points (c) and (d) of Article 11(2) and in Article 11(3), shall cover the data for the period from 1 January 2020 to 31 December 2020.
Amendment 216
Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2008/98/EC
Article 37 – paragraph 2
2.   Member States shall report the data concerning the implementation of Article 9(4) to the Commission every second year. They shall report this data electronically within 18 months of the end of the reporting period for which the data are collected. The data shall be reported in the format established by the Commission in accordance with paragraph 6. The first reporting shall cover the period from 1 January 2020 to 31 December 2021.
deleted
Amendment 217
Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2008/98/EC
Article 37 – paragraph 3 a (new)
3a.   For the purpose of verifying compliance with points (c) and (d) of Article 11(2), the amount of municipal waste prepared for re-use shall be reported separately from the amount of waste recycled.
Amendment 218
Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2008/98/EC
Article 37 – paragraph 5
5.   The Commission shall review the data reported in accordance with this Article and publish a report on the results of its review. The report shall assess the organisation of the data collection, the sources of data and the methodology used in Member States as well as the completeness, reliability, timeliness and consistency of that data. The assessment may include specific recommendations for improvement. The report shall be drawn up every three years.
5.   The Commission shall review the data reported in accordance with this Article and publish a report on the results of its review. Until the delegated act referred to in paragraph 6 has been adopted, the report shall assess the organisation of the data collection, the sources of data and the methodology used in Member States. The Commission shall in any event assess the completeness, reliability, timeliness and consistency of the data. The assessment may include specific recommendations for improvement. The report shall be drawn up nine months after the first reporting of the data by the Member States and every three years thereafter .
Amendment 219
Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2008/98/EC
Article 37 – paragraph 5 a (new)
5a.   In the report referred to in paragraph 5, the Commission shall include information on the implementation of this Directive as a whole and evaluate its impact on human health and the environment. If appropriate, a proposal to revise this Directive may accompany the report.
Amendment 220
Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2008/98/EC
Article 37 – paragraph 6
6.   The Commission shall adopt implementing acts laying down the format for reporting data in accordance with paragraphs 1 and 2 and for the reporting on backfilling operations. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 39(2).
6.   The Commission shall adopt delegated acts in accordance with Article 38a in order to supplement this Directive by laying down the common methodology for data collection and processing, the organisation of the data collection and the sources of data and the rules on the format for reporting data in accordance with paragraph 1 and for the reporting on preparing for re-use and backfilling operations.
Amendment 221
Proposal for a directive
Article 1 – paragraph 1 – point 21 a (new)
Directive 2008/98/EC
Article 37 a (new)
(21a)   the following Article is inserted:
"Article 37a
Framework for the Circular Economy
In order to support the measures referred to in Article 1, and no later than 31 December 2018, the Commission shall:
(a)   draw up a report assessing the need for Union targets, particularly for a Union resource efficiency target, and for cross-cutting regulatory measures in the area of sustainable consumption and production. It shall be accompanied by a legislative proposal, if appropriate;
(b)   draw up a report on the consistency between the Union’s regulatory frameworks for products, waste and chemicals in order to identify obstacles hampering the shift to a circular economy;
(c)   draw up a report to identify the interactions between legislative acts that may hamper the development of synergies between different industries and prevent the subsequent use of by-products and the preparation for re-use and recycling of waste for specific applications. This report shall be accompanied by a legislative proposal, if appropriate, or by a guidance on how to remove identified barriers and how to unleash the market potential of by-products and secondary raw materials;
(d)   present a comprehensive review of Union ecodesign legislation in order to broaden its scope to cover all main product groups, including non-energy related product groups, and gradually to include relevant resource-efficiency features in the mandatory requirements for product design and to adapt eco-labelling provisions.”;
Amendment 222
Proposal for a directive
Article 1 – paragraph 1 – point 21 a (new)
Directive 2008/98/EC
Article 38 – title
(21a)   in Article 38, the title is replaced by the following:
Interpretation and adaptation to technical progress
"Exchange of information and sharing of best practices, interpretation and adaptation to technical progress"
Amendment 223
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2008/98/EC
Article 38 – paragraph -1 (new)
—   1. The Commission shall establish a platform for a regular and structured exchange of information and sharing of best practices between the Commission and the Member States, including with regional and municipal authorities, on the practical implementation of the requirements of this Directive with a view to ensuring adequate governance, enforcement, cross-border cooperation and the spread of best practices and innovations in the field of waste management.
In particular, the platform shall be used to:
—   exchange information and share best practices with regard to the instruments and incentives used in accordance with Article 4(3) in order to boost the achievement of the objectives laid down in Article 4.
—   exchange information and share best practices as regards measures laid down in paragraphs 1 and 2 of Article 8;
—   exchange information and share best practices with regard to prevention and the setting up of systems which promote re-use activities and the extension of life span;
—   exchange information and share best practices on the implementation of the obligations with regard to separate collection;
—   exchange information and share best practices with regard to the instruments and incentives towards achieving the targets laid down in points (c) and (d) of Article 11(2) and in Article 21;
—   share best practices for developing measures and systems to trace municipal waste streams from sorting to final recycling process, which is of key importance in controlling quality of waste and measure the losses in waste streams and recycling processes.
The Commission shall make the results of that exchange of information and sharing of best practices publicly available.
Amendment 224
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2008/98/EC
Article 38 – paragraph 1 – subparagraph 1
The Commission may develop guidelines for the interpretation of the definitions of recovery and disposal.
The Commission shall develop guidelines for the interpretation of the definitions of waste, municipal waste, prevention, re-use, preparing for re-use, recovery and disposal.
Amendment 225
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2008/98/EC
Article 38 – paragraph 3
3.   The Commission shall be empowered to adopt delegated acts in accordance with Article 38a necessary to amend Annexes VI.
deleted
Amendment 226
Proposal for a directive
Article 1 – paragraph 1 – point 23
Directive 2008/98/EC
Article 38 a – paragraph 2
2.   The power to adopt the delegated acts referred to in Articles 5(2), 6(2), 7(1), 11a(2), 11a(6), 26, 27(1), 27(4), 38(1), 38(2) and 38(3) shall be conferred on the Commission for an indeterminate period of time from [enter date of entry into force of this Directive].
2.   The power to adopt the delegated acts referred to in Articles 5(2), 6(2), 6(4), 7(1), 8(5), 9(2a), 9(3), 9(3a), 11a(2), 11a(6), 12(1b), 27(1), 27(4), 37(6), 38(1) and 38(2) shall be conferred on the Commission for an indeterminate period of time from [enter date of entry into force of this Directive].
Amendment 227
Proposal for a directive
Article 1 – paragraph 1 – point 23
Directive 2008/98/EC
Article 38 a – paragraph 3
3.   The delegation of power referred to in Articles 5(2), 6(2), 7(1), 11a(2), 11a(6), 26, 27(1), 27(4), 38(1), 38(2) and 38(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
3.   The delegation of power referred to in Articles 5(2), 6(2), 6(4), 7(1), 8(5), 9(2a), 9(3), 9(3a), 11a(2), 11a(6), 12(1b), 27(1), 27(4), 37(6), 38(1) and 38(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 228
Proposal for a directive
Article 1 – paragraph 1 – point 23
Directive 2008/98/EC
Article 38 a – paragraph 3 a (new)
3a.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
Amendment 229
Proposal for a directive
Article 1 – paragraph 1 – point 23
Directive 2008/98/EC
Article 38 a – paragraph 5
5.   A delegated act adopted pursuant to Articles 5(2), 6(2), 7(1), 11a(2), 11a(6), 26, 27(1), 27(4), 38(1), 38(2) and 38(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
5.   A delegated act adopted pursuant to Articles 5(2), 6(2), 6(4), 7(1), 8(5), 9(2a), 9(3), 9(3a) 11a(2), 11a(6), 12(1b), 27(1), 27(4), 37(6), 38(1) and 38(2) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 230
Proposal for a directive
Article 1 – paragraph 1 – point 24 a (new)
Directive 2008/98/EC
Annex II – point R13 a (new)
(24a)   In Annex II, the following point is inserted:
“R13 a: preparation for re-use.”;
Amendment 231
Proposal for a directive
Article 1 – paragraph 1 – point 24 b (new)
Directive 2008/98/EC
Annex IV a (new)
(24b)   Annex IVa is inserted in accordance with the Annex to this Directive.
Amendment 232
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2008/98/EC
Annex VI (new)
(25)   Annex VI is added in accordance with the Annex to this Directive.
deleted
Amendment 233
Proposal for a directive
Annex I
Directive 2008/98/EC
Annex VI
Calculation method for preparing for re-use of products and components for the purpose of Article 11(2)(c) and (d) and Article 11 (3)
deleted
In order to calculate the adjusted rate of recycling and preparation for re-use in accordance with Article 11(2)(c) and (d) and Article 11(3), Member States shall use the following formula:
E: adjusted recycling and re-use rate in a given year;
A: weight of municipal waste recycled or prepared for re-use in a given year;
R: weight of products and components prepared for re-use in a given year;
P: weight of municipal waste generated in a given year.
Amendment 234
Proposal for a directive
Annex -I (new)
Directive 2008/98/EC
Annex IV a (new)
Annex -I
The following Annex IVa is inserted:
“Annex IVa
Indicative list of instruments to promote a shift to a circular economy
1.   Economic instruments:
1.1   progressive increase of landfill taxes and/or fees for all categories of waste (municipal, inert, others);
1.2   introduction or increase of incineration taxes and/or fees;
1.3   introduction of ‘pay-as-you-throw’ systems;
1.4   measures to improve the cost efficiency of existing and forthcoming producer responsibility schemes;
1.5   extension of the scope of the financial and/or operational producer responsibility to new waste streams;
1.6   economic incentives for local authorities to promote prevention, develop and intensify separate collection schemes;
1.7   measures to support the development of the re-use sector;
1.8   measures to suppress subsidies that are not consistent with the waste hierarchy;
2.   Other measures:
2.1   sustainable public procurement to promote sustainable production and consumption;
2.2   technical and fiscal measures to support the development of markets for re-used products and recycled (including composted) materials as well as to improve the quality of recycled materials;
2.3   implement best available techniques for waste treatment aiming at removal of substances of very high concern where this is technically and economically viable;
2.4   measures to increase public awareness of proper waste management and litter reduction, including ad hoc campaigns to ensure waste reduction at source and a high level of participation in the separate collection schemes;
2.5   measures to ensure an appropriate coordination, including by digital means, between all competent public authorities involved in waste management, and to ensure the involvement of other key stakeholders;
2.6   use of the European Structural and Investment Funds in order to finance the development of the waste management infrastructure needed to meet the relevant targets.”.

(1)The matter was referred back for interinstitutional negotiations to the committee responsible pursuant to Rule 59(4), fourth subparagraph (A8-0034/2017 ).


Landfill of waste ***I
PDF 449k   DOC 60k
Amendments adopted by the European Parliament on 14 March 2017 on the proposal for a directive of the European Parliament and of the Council amending Directive 1999/31/EC on the landfill of waste (COM(2015)0594 – C8-0384/2015 – 2015/0274(COD) ) (1) (Ordinary legislative procedure: first reading)
P8_TA(2017)0071 A8-0031/2017
Text proposed by the Commission   Amendment
Amendment 1
Proposal for a directive
Recital -1 (new)
(-1)   In view of the Union's dependence on the import of raw materials and the rapid depletion of a significant amount of natural resources in the short-term, it is a key challenge to reclaim as many resources as possible within the Union and to enhance the transition towards a circular economy.
Amendment 2
Proposal for a directive
Recital -1 a (new)
(-1a)   Waste management needs to be transformed into sustainable material management. The revision of the Landfill Directive offers an opportunity to that end.
Amendment 3
Proposal for a directive
Recital 1
(1)   Waste management in the Union should be improved, with a view to protecting, preserving and improving the quality of the environment, protecting human health, ensuring prudent and rational utilisation of natural resources and promoting a more circular economy.
(1)   Waste management in the Union should be improved, with a view to protecting, preserving and improving the quality of the environment, protecting human health, ensuring prudent and rational utilisation of natural resources, promoting a more circular economy, increasing energy efficiency and reducing the Union´s resource dependence
Amendment 51
Proposal for a directive
Recital 1 a (new)
(1 a)   The circular economy should implement explicit provisions of the 7th Environment Action Programme, which calls for the development of non-toxic material cycles so that recycled waste can be used as a major and reliable source of raw material for the Union.
Amendment 5
Proposal for a directive
Recital 2
(2)   The targets laid down in Council Directive 1999/31/EC14 setting landfill restrictions should be amended to make them better reflect the Union's ambition to move to a circular economy and make progress in the implementation of the Raw Materials Initiative15 by reducing landfilling of waste destined for landfills for non-hazardous waste.
(2)   The targets laid down in Council Directive 1999/31/EC14 setting landfill restrictions should be strengthened to make them better reflect the Union's ambition to move to a circular economy and make progress in the implementation of the Raw Materials Initiative15 by gradually minimising landfilling of waste destined for landfills for non-hazardous waste. The Commission and Member States should ensure that this fits into an integrated policy which ensures a sound application of the waste hierarchy, enhances a shift towards prevention, reuse and recycling, and prevents a shift from landfilling towards incineration.
________________
__________________
14 Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182, 16.07.1999, p. 1).
14 Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182, 16.07.1999, p. 1).
15 COM(2008)0699 and COM(2014)0297 .
15 COM(2008)0699 and COM(2014)0297 .
Amendment 6
Proposal for a directive
Recital 4
(4)   In order to ensure greater coherence in waste legislation, the definitions in Directives 1999/31/EC should be aligned to those of Directive 2008/98/EC of the European Parliament and of the Council16 .
(4)   In order to ensure greater coherence in waste legislation, the definitions in Directives 1999/31/EC should be aligned, where relevant, to those of Directive 2008/98/EC of the European Parliament and of the Council16 .
__________________
__________________
16 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
16 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
Amendment 7
Proposal for a directive
Recital 5
(5)   Clear environmental, economic and social benefits would be derived from further restricting landfilling, starting with waste streams that are subject to separate collection (e.g. plastics, metals, glass, paper, bio-waste). Technical, environmental or economical feasibility of recycling or other recovery of residual waste resulting from separately collected waste should be taken into account in the implementation of these landfill restrictions.
(5)   Clear environmental, economic and social benefits would be derived from further restricting landfilling, starting with waste streams that are subject to separate collection (e.g. plastics, metals, glass, paper, bio-waste), with the objective to accept only residual waste. Long-term investments in infrastructure and in research and innovation will play a crucial role in reducing the amount of residual waste from separately collected waste, the recycling or other recovery of which is not technically, environmentally or economically feasible at the present time.
Amendment 8
Proposal for a directive
Recital 5 a (new)
(5a)   A political and societal incentive to restrict further landfilling as a sustainable way to handle natural resources within a circular economy should respect the waste management hierarchy laid down in Article 4 of Directive 2008/98/EC and strictly apply an approach where prevention takes priority and the precautionary principle is respected.
Amendment 9
Proposal for a directive
Recital 6
(6)   Biodegradable municipal waste accounts for a large proportion of municipal waste. Landfilling of untreated biodegradable waste poses significant negative enviornmental effects in terms of greenhouse gas emissions and pollution of surface water, groundwater, soil and air. While Directive 1999/31/EC already sets landfill diversion targets for biodegradable waste it is appropriate to put in place further restrictions on the landfilling of biodegradable waste by prohibiting the landfilling of biodegradable waste that has been separately collected in accordance with Article 22 of Directive 2008/98/EC.
(6)   Biodegradable municipal waste accounts for a large proportion of municipal waste. Landfilling of untreated biodegradable waste poses significant negative environmental effects in terms of greenhouse gas emissions and pollution of surface water, groundwater, soil and air. While Directive 1999/31/EC already sets landfill diversion targets for biodegradable waste it is appropriate to put in place further restrictions on the landfilling of biodegradable waste by prohibiting the landfilling of biodegradable waste to be separately collected in accordance with Article 22 of Directive 2008/98/EC.
Amendment 10
Proposal for a directive
Recital 7
(7)   Many Member States have not yet completely developed the necessary waste management infrastructure. The setting of landfill reduction targets will further facilitate separate collection, sorting and recycling of waste and avoid locking potentially recyclable materials at the bottom of the waste hierarchy.
(7)   Many Member States have not yet completely developed the necessary waste management infrastructure. The setting of clear and ambitious landfill reduction targets will further encourage investments to facilitate separate collection, sorting and recycling and avoid locking potentially recyclable materials at the lowest level of the waste hierarchy.
Amendment 11
Proposal for a directive
Recital 8
(8)   A progressive reduction of landfilling is necessary to prevent detrimental impacts on human health and the environment and to ensure that economically valuable waste materials are gradually and effectively recovered through proper waste management and in line with the waste hierarchy. This reduction should avoid the development of excessive capacity for the treatment of residual waste facilities , such as through energy recovery or low grade mechanical biological treatment of untreated municipal waste , as this could result in undermining the achievement of the Union's long-term preparation for reuse and recycling targets for municipal waste as laid down in Article 11 of Directive 2008/98/EC. Similarly, and to prevent detrimental impacts on human health and the environment, while Member States should take all necessary measures to ensure that only waste that has been subject to treatment is landfilled, compliance with such obligation should not lead to the creation of overcapacities for the treatment of residual municipal waste. In addition, in order to ensure consistency between the targets laid down in Article 11 of Directive 2008/98/EC and the landfill reduction target defined in Article 5 of this Directive and to ensure a coordinated planning of the infrastructures and investments needed to meet those targets, Member States which may obtain additional time for the attainment of the municipal waste recycling targets should also be given additional time to attain the landfill reduction target for 2030 as laid down in this Directive.
(8)   A progressive minimization of landfilling is necessary to prevent detrimental impacts on human health and the environment and to ensure that economically valuable waste materials are gradually and effectively recovered through proper waste management and in line with the waste hierarchy as laid down in Directive 2008/98/EC. This progressive minimization of landfilling will require major changes in waste management in many Member States. With improved statistics on waste collection and treatment and improved traceability of waste streams it should be possible to avoid the development of excessive capacity for the treatment of residual waste, such as through energy recovery, as this could result in undermining the achievement of the Union's long-term preparation for reuse and recycling targets for municipal waste as laid down in Article 11 of Directive 2008/98/EC. Similarly, and to prevent detrimental impacts on human health and the environment, while Member States should take all necessary measures to ensure that only waste that has been subject to treatment is landfilled, compliance with such an obligation should not lead to the creation of overcapacities for the treatment of residual municipal waste. In light of recent investments made in some Member States that led to overcapacities for energy recovery or the establishment of mechanical biological treatment, it is essential to give a clear signal to the waste operators and to Member States to avoid investments that are incompatible with the long-term targets set in the Landfill and Waste framework Directives. For those reasons, a limit on the incineration of municipal waste in line with the preparation for reuse and recycling targets in Article 11 of Directive 2008/98/EC and Article 5 of Directive 1999/31/EC could be considered. In addition, in order to ensure consistency between the targets laid down in Article 11 of Directive 2008/98/EC and the landfill reduction target defined in Article 5 of this Directive and to ensure a coordinated planning of the infrastructures and investments needed to meet those targets, Member States which may obtain additional time for the attainment of the municipal waste recycling targets should also be given additional time to attain the landfill reduction target for 2030 as laid down in this Directive.
Amendment 12
Proposal for a directive
Recital 8 a (new)
(8a)   In order to help achieve the objectives of this Directive, and to boost the transition to a circular economy, the Commission should promote the coordination and exchange of information and best practices among Member States and different sectors of the economy. That exchange could be facilitated through communication platforms that could help raise awareness of new industrial solutions and allow for a better overview of available capacities and would contribute to connecting the waste industry and other sectors and to support industrial symbiosis.
Amendment 13
Proposal for a directive
Recital 8 b (new)
(8b)   The Commission should promote the coordination and exchange of information and best practices among Member States, regional and, in particular, local authorities, involving all relevant civil society organizations, including the social partner and environmental and consumer organisations.
Amendment 14
Proposal for a directive
Recital 8 c (new)
(8c)   To implement and enforce the objectives of this Directive in an adequate manner, it is necessary to ensure that the local authorities of the territories where landfills are located are recognised as relevant actors, as they suffer directly the consequences of landfilling. Consequently, public and democratic consultation should be ensured in the localities and supra-municipal areas where a landfill is going to be established in advance and appropriate compensation should be established for the local population.
Amendment 15
Proposal for a directive
Recital 8 d (new)
(8d)   The Commission should guarantee that every landfill in the Union is audited in order to ensure the proper implementation of Union and national law.
Amendment 16
Proposal for a directive
Recital 9
(9)   In order to ensure better, timelier, and more uniform implementation of this Directive and anticipate implementation weaknesses, an early warning system should be established to detect shortcomings and allow taking action ahead of the deadlines for meeting the targets.
(9)   In order to ensure better, timelier, and more uniform implementation of this Directive and anticipate implementation weaknesses, an early warning system should be established to detect shortcomings and allow taking action ahead of the deadlines for meeting the targets and the exchange of best practices among the various stakeholders should be promoted .
Amendment 17
Proposal for a directive
Recital 11
(11)   Statistical data reported by Member States are essential for the Commission to assess compliance with waste legislation across the Member States. The quality, reliability and comparability of statistics should be improved by introducing a single entry point for all waste data, deleting obsolete reporting requirements, benchmarking national reporting methodologies and introducing a data quality check report. Reliable reporting of statistical data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among Member States. Therefore, when preparing the reports on compliance with the targets set out in Directive 1999/31/EC, Member States should be required to use the most recent methodology developed by the Commission and the national statistical offices of the Member States.
(11)   Data and information reported by Member States are essential for the Commission to assess compliance with waste legislation across the Member States. The quality, reliability and comparability of reported data should be improved by establishing a common methodology for collection and processing of data based on reliable sources and by introducing a single entry point for all waste data, deleting obsolete reporting requirements, benchmarking national reporting methodologies and introducing a data quality check report. Reliable reporting of statistical data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among Member States. Therefore, when preparing the reports on compliance with the targets set out in Directive 1999/31/EC, Member States should use the common methodology developed by the Commission in cooperation with the national statistical offices of the Member States and the national authorities responsible for waste management .
Amendment 18
Proposal for a directive
Recital 12
(12)   In order to supplement or amend Directive 1999/31/EC, in particular with the view to adapting its Annexes to scientific and technical progress, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of Article 16 . It is particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council . Any amendments to the Annexes should only be made in line with the principles laid down in this Directive. To this end, as regards Annex II, the Commission should take into account the general principles and general procedures for testing and acceptance criteria as set out in Annex II. Moreover, specific criteria and test methods and associated limit values should be set for each class of landfill, including if necessary specific types of landfill within each class, including underground storage. Proposals for the standardisation of control, sampling and analysis methods in relation to the Annexes should be considered for adoption by the Commission where appropriate within two years after the entry into force of this Directive.
(12)   In order to amend Directive 1999/31/EC, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission with regard to the adaptation of the Annexes to scientific and technical progress . It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically should have access to meetings of Commission expert groups dealing with the preparation of delegated acts . Any amendments to the Annexes should only be made in line with the principles laid down in this Directive. To this end, as regards Annex II, the Commission should take into account the general principles and general procedures for testing and acceptance criteria as set out in Annex II. Moreover, specific criteria and test methods and associated limit values should be set for each class of landfill, including if necessary specific types of landfill within each class, including underground storage. Where appropriate, proposals for the standardisation of control, sampling and analysis methods in relation to the Annexes should be considered for adoption by the Commission where appropriate within two years after the entry into force of this Directive.
Amendment 19
Proposal for a directive
Recital 13
(13)   In order to ensure uniform conditions for the implementation of Directive 1999/31/EC, implementing powers should be conferred on the Commission in respect of Articles 3(3), Annex I, paragraph 3.5 and Annex II, paragraph 5 . Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council17 .
(13)   In order to ensure uniform conditions for the implementation of Directive 1999/31/EC, implementing powers should be conferred on the Commission with regard to the definition of deposit of non-hazardous waste, the method to be used for the determination of the permeability coefficient for landfills under certain conditions and, because the sampling of waste is able to pose serious problems with respect to representation and techniques due to the heterogeneous nature of different types of waste, the development of a European standard for the sampling of waste. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council17 .
__________________
__________________
17 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.02.2011, p. 13).
17 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.02.2011, p. 13).
Amendment 20
Proposal for a directive
Recital 16 a (new)
(16a)   The Commission and Member States should ensure the development of plans for the sustainable recovery and sustainable alternative usage of landfills and landfill-damaged areas.
Amendment 21
Proposal for a directive
Recital 16 b (new)
(16b)   This Directive has been adopted taking into account the commitments set out in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making and it should be implemented and applied in accordance with the guidance contained in the same Agreement.
Amendment 52/rev
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Directive 1999/31/EC
Article 1 – paragraph -1 (new)
(-1)   In Article 1, the following paragraph is inserted:
‘-1. A progressive phasing-out of landfilling recyclable and recoverable waste is a fundamental condition to support the Union’s transition towards a circular economy.’
Amendment 23
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Directive 1999/31/EC
Article 2 – point a
(a)   the definitions of ‘waste’, ‘municipal waste’, ‘hazardous waste’, ‘waste producer’, ‘waste holder’, ‘waste management’, ‘separate collection’, ‘recovery’, ‘recycling’ and ‘disposal’ laid down in Article 3 of Directive 2008/98/EC of the European Parliament and of the Council(*) shall apply;
(a)   the definitions of ‘waste’, ‘municipal waste’, ‘hazardous waste’, 'non-hazardous waste', ‘ waste producer’, ‘waste holder’, ‘waste management’, ‘separate collection’, ‘recovery’, ‘recycling’ and ‘disposal’ laid down in Article 3 of Directive 2008/98/EC of the European Parliament and of the Council(*) shall apply;
__________________
__________________
(*) Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).';
(*) Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).';
Amendment 24
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a a (new)
Directive 1999/31/EC
Article 2 – point a a (new)
(aa)   the following point aa is inserted:
“(aa) ‘residual waste’ means waste resulting from a treatment or a recovery operation, including recycling, which cannot be recovered further and, as a result, has to be disposed of;”
Amendment 25
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b a (new)
Directive 1999/31/EC
Article 2 – point m
(ba)   point m is amended as follows:
(m)   'biodegradable waste' means any waste that is capable of undergoing anaerobic or aerobic decomposition, such as food and garden waste, and paper and paperboard ;
“(m) ‘biodegradable waste’ means food and garden waste, paper, paperboard, wood and any other waste that can undergo anaerobic or aerobic decomposition ;”
Amendment 26
Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)
Directive 1999/31/EC
Article 3 – paragraph 3
(1a)   In Article 3, paragraph 3 is amended as follows:
3.   Without prejudice to Directive 75/442/EEC Member States may declare at their own option, that the deposit of non-hazardous waste, to be defined by the committee established under Article 17 of this Directive, other than inert waste, resulting from prospecting and extraction, treatment and storage of mineral resources as well as from the operation of quarries and which are deposited in a manner preventing environmental pollution or harm to human health, can be exempted from the provisions in Annex I, points 2, 3.1, 3.2 and 3.3 of this Directive.
' 3. Without prejudice to Directive 75/442/EEC Member States may declare at their own option, that the deposit of non-hazardous waste, other than inert waste, resulting from prospecting and extraction, treatment and storage of mineral resources as well as from the operation of quarries and which are deposited in a manner preventing environmental pollution or harm to human health, can be exempted from the provisions in Annex I, points 2, 3.1, 3.2 and 3.3 of this Directive. The Commission shall adopt implementing acts which set out what constitutes a deposit of non-hazardous waste. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(2) .'
Amendment 27
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point -a (new)
Directive 1999/31/EC
Article 5 – paragraph 1
(-a)   paragraph 1 is replaced by the following:
1.   Member States shall set up a national strategy for the implementation of the reduction of biodegradable waste going to landfills, not later than two years after the date laid down in Article 18(1) and notify the Commission of this strategy. This strategy should include measures to achieve the targets set out in paragraph 2 by means of in particular, recycling, composting, biogas production or materials/energy recovery. Within 30 months of the date laid down in Article 18(1) the Commission shall provide the European Parliament and the Council with a report drawing together the national strategies.
1.   Member States shall set up a national strategy in collaboration with regional and local authorities responsible for waste management for the implementation of the phasing-out of biodegradable waste going to landfills, not later than two years after the date laid down in Article 18(1) and notify the Commission of this strategy. This strategy should include measures to achieve the targets set out in paragraph 2 by means of in particular, recycling, composting, biogas production, materials recovery or when the already mentioned are not possible energy recovery. Within 30 months of the date laid down in Article 18(1) the Commission shall provide the European Parliament and the Council with a report drawing together the national strategies.
Amendment 28
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive 1999/31/EC
Article 5 – paragraph 3 – point f
(f)   waste that has been separately collected pursuant to Article 11(1) and 22 of Directive 2008/98/EC.
(f)   waste that has been separately collected pursuant to Article 11(1), and Article 22 of Directive 2008/98/EC and packaging or packaging waste as defined in Article 3 of Directive 94/62/EC;
Amendment 29
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c
Directive 1999/31/EC
Article 5 – paragraph 5
5.   Member States shall take the necessary measures to ensure that by 2030 the amount of municipal waste landfilled is reduced to 10% of the total amount of municipal waste generated.
5.   Member States shall take the necessary measures to ensure that by 2030 the annual amount of municipal waste landfilled is reduced to 5% of the total amount of municipal waste generated.
Amendment 30
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c
Directive 1999/31/EC
Article 5 – paragraph 5 a (new)
5a.   By 31 December 2030, Member States shall accept only residual municipal waste in landfills for non-hazardous waste.
Amendment 31
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c
Directive 1999/31/EC
Article 5 – paragraph 6 – subparagraph 1
Estonia, Greece, Croatia, Latvia, Malta, Romania and Slovakia may obtain five additional years for the attainment of the target referred to in paragraph 5. The Member State shall notify the Commission of its intention to make use of this provision at the latest 24 months before the deadline laid down in paragraph 5. In the event of an extension, the Member State shall take the necessary measures to reduce by 2030 the amount of municipal waste landfilled to 20% of the total amount of municipal waste generated.
A Member State may request a five-year extension to attain the target referred to in paragraph 5, if it has landfilled more than 65 % of its municipal waste in 2013.
The Member State shall submit a request to the Commission to obtain such an extension by 31 December 2028.
Amendment 32
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c
Directive 1999/31/EC
Article 5 – paragraph 6 – subparagraph 2
The notification shall be accompanied by an implementation plan presenting the measures needed to ensure compliance with the targets before the new deadline. The plan shall also include a detailed timetable for the implementation of the proposed measures and an assessment of their expected impacts.
The request for extension shall be accompanied by an implementation plan presenting the measures needed to ensure compliance with the target before the new deadline. The plan shall be drafted on the basis of an evaluation of the existing waste management plans and shall also include a detailed timetable for the implementation of the proposed measures and an assessment of their expected impacts.
In addition, the plan referred to in the third subparagraph shall comply at least with the following requirements:
(a)   it uses appropriate economic instruments to provide incentives for the application of the waste hierarchy as referred to in Article 4(1) of Directive 2008/98/EC;
(b)   it demonstrates an efficient and effective use of Structural and Cohesion Funds through demonstrable long-term investments which aim at financing the development of the waste management infrastructures needed to meet the relevant targets.
(c)   it provides high quality statistics and generates clear forecasts of waste management capacities and of the distance to the targets specified in paragraph 5 of this Article, Articles 5 and 6 of Directive 94/62/EC and Article 11(2) of Directive 2008/98/EC;
(d)   it has set out waste prevention programmes as referred to in Article 29 of Directive 2008/98/EC.
The Commission shall assess whether the requirements set out in points (a) to (d) of the fourth subparagraph are fulfilled.
Unless the Commission raises objections to the presented plan within five months of the date of receipt, the request for the extension shall be deemed to be accepted.
If the Commission raises objections to the presented plan, it shall require the Member State concerned to submit a revised plan within two months of receipt of those objections.
The Commission shall assess the revised plan within two months of its receipt and accept or reject the request for the extension in writing. In the absence of a decision from the Commission within that deadline, the request for the extension shall be deemed to be accepted.
The Commission shall inform, within two months from the date of the decision, the Council and the European Parliament of its decisions within two months of taking those decisions.
Amendment 33
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c
Directive 1999/31/EC
Article 5 – paragraph 7
7.   By 31 December 2024 at the latest, the Commission shall examine the target laid down in paragraph 5 with a view to reducing it and introducing restrictions to the landfilling of non-hazardous waste other than municipal waste. To this end, a report of the Commission accompanied by a proposal, if appropriate , shall be sent to the European Parliament and the Council.
7.   By 31 December 2018 at the latest, the Commission shall examine the possibility to introduce a target and restrictions to the landfilling of non-hazardous waste other than municipal waste. To this end, a report of the Commission accompanied by a legislative proposal, if appropriate, shall be sent to the European Parliament and the Council.
Amendment 34
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c a (new)
Directive 1999/31/EC
Article 5 – paragraph 7 a (new)
(ca)   In Article 5, the following paragraph is added:
7a.   The Commission shall further examine the feasibility of proposing a regulatory framework for enhanced landfill mining so as to permit the retrieval of secondary raw materials that are present in existing landfills. By 31 December 2025 Member States shall map existing landfills and indicate their potential for enhanced landfill mining and share information.
Amendment 35
Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 1999/31/EC
Article 5 a – paragraph 2 – introductory sentence
2.   The reports referred to in paragraph 1 shall include the following:
2.   The reports referred to in paragraph 1 shall be made publicly available and shall include the following:
Amendment 36
Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 1999/31/EC
Article 5 a – paragraph 2 – point b a (new)
“(ba) examples of best practices that are used throughout the Union and that can provide guidance for progressing towards achieving the targets laid down in Article 5.”
Amendment 37
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Directive 1999/31/EC
Article 5 b (new)
(3a)   the following Article 5b is added:
Article 5b
Exchange of best practices and information
The Commission shall establish a platform for a regular and structured exchange of best practices and information between the Commission and the Member States on the practical implementation of the requirements of this Directive. That exchange will contribute to ensure adequate governance, enforcement, cross-border cooperation, the exchange of best practices such as innovation deals and peer review. Furthermore, the platform shall incentivise frontrunners and enable leapfrogging. The Commission shall make the results of the platform available to the public.
Amendment 38
Proposal for a directive
Article 1 – paragraph 1 – point 3 b (new)
Directive 1999/31/EC
Article 6 – point a
(3b)   In Article 6, point a is amended as follows:
"(a) only waste that has been subject to treatment is landfilled. This provision may not apply to inert waste for which treatment is not technically feasible, nor to any other waste for which such treatment does not contribute to the objectives of this Directive, as set out in Article 1, by reducing the quantity of the waste or the hazards to human health or the environment;"
“(a) only waste that has been subject to treatment is landfilled. This provision may not apply to inert waste for which treatment is not technically feasible, nor to any other waste for which such treatment does not contribute to the objectives of this Directive, as set out in Article 1, by reducing the quantity of the waste or the hazards to human health or the environment, provided that the reduction targets of Article 5(2) of this Directive and the recycling targets of Article 11 of Directive 2008/98/EC are met by the respective Member State ;”
Amendment 39
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 1999/31/EC
Article 6 – point a – second subparagraph
(4)   in Article 6(a) , the following sentence is added:
(4)   in Article 6, point a, the following subparagraph is added:
‘Member States shall ensure that measures taken in accordance with this point do not compromise the achievement of the objectives of Directive 2008/98/EC, notably on the increase of preparing for re-use and recycling as set out in Article 11 of that Directive.’
‘Member States shall ensure that measures taken in accordance with this point do not compromise the achievement of the objectives of Directive 2008/98/EC, notably on the waste hierarchy and on the increase of preparing for re-use and recycling as set out in Article 11 of that Directive.’
Amendment 40
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 1999/31/EC
Article 15 – paragraph 1
1.   Member States shall report the data concerning the implementation of Article 5(2) and (5) for each calendar year to the Commission. They shall report this data electronically within 18 months of the end of the reporting year for which the data are collected. The data shall be reported in the format established by the Commission in accordance with paragraph 5. The first reporting shall cover the data for the period from 1 January [enter year of transposition of this Directive + 1 year] to 31 December [enter year of transposition of this Directive + 1 year].
1.   Member States shall report the data concerning the implementation of Article 5(2) and (5) for each calendar year to the Commission. They shall report this data electronically within 12 months of the end of the reporting year for which the data are collected. The data shall be reported in the format established by the Commission in accordance with paragraph 5. The first reporting with respect to the target in Article 5(5) shall cover the data for the period from 1 January [enter year of transposition of this Directive + 1 year] to 31 December [enter year of transposition of this Directive + 1 year].
Amendment 41
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Directive 1999/31/EC
Article 15a (new)
(6a)   the following Article is inserted:
“Article 15a
Instruments to promote a shift to a more circular economy
In order to contribute to the objectives laid down in this Directive, Member States shall make use of adequate economic instruments and shall take other measures to provide incentives for the application of the waste hierarchy. Such instruments and measures may include those indicated in Annex IVa to Directive 2008/98/EC.”
Amendment 42
Proposal for a directive
Article 1 – paragraph 1 – point 6 b (new)
Directive 1999/31/EC
Article 15 b (new)
(6b)   the following Article is inserted:
'Article 15b
Determination of the permeability coefficient for landfills
The Commission shall develop and approve the method to be used for the determination of the permeability coefficient for landfills, in the field and for the whole extension of the site, by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(2).'
Amendment 43
Proposal for a directive
Article 1 – paragraph 1 – point 6 c (new)
Directive 1999/31/EC
Article 15 c (new)
6c.   the following Article 15 c is inserted:
'Article 15 c
European standard for sampling of waste
The Commission shall develop a European standard for sampling of waste by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(2). Until those implementing acts have been adopted, the Member States may apply national standards and procedures.'
Amendment 44
Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive 1999/31/EC
Article 17a – paragraph 3 a (new)
3a.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
Amendment 45
Proposal for a directive
Article 1 – paragraph 1 – point 9 a (new)
Directive 1999/31/EC
Annex I – point 3.5
(9a)   in Annex I, point 3.5 is deleted
Amendment 46
Proposal for a directive
Article 1 – paragraph 1 – point 9 b (new)
Directive 1999/31/EC
Annex II – point 5
(9b)   in Annex II, point 5 is deleted

(1) The matter was referred back for interinstitutional negotiations to the committee responsible pursuant to Rule 59(4), fourth subparagraph (A8-0031/2017 ).


Packaging and packaging waste ***I
PDF 606k   DOC 87k
Amendments adopted by the European Parliament on 14 March 2017 on the proposal for a directive of the European Parliament and of the Council amending Directive 94/62/EC on packaging and packaging waste (COM(2015)0596 – C8-0385/2015 – 2015/0276(COD) ) (1) (Ordinary legislative procedure: first reading)
P8_TA(2017)0072 A8-0029/2017
Text proposed by the Commission   Amendment
Amendment 1
Proposal for a directive
Recital -1 (new)
(-1)   In view of the Union's dependence on the import of raw materials and the rapid depletion of a significant amount of natural resources over the short term, it is a key challenge to reclaim as many resources as possible within the Union and to enhance the transition towards a circular economy.
Amendment 2
Proposal for a directive
Recital -1 a (new)
(-1a)   Waste management should be transformed into sustainable material management. The revision of Directive 94/62/EC of European Parliament and Council 1a offers an opportunity to that end.
__________________
1a Directive 94/62/EC of European Parliament and Council of 20 December 1994 on packaging and packaging waste (OJ L 365, 31.12.1994, p. 10).
Amendment 3
Proposal for a directive
Recital 1
(1)   Waste management in the Union should be improved, with a view to protecting, preserving and improving the quality of the environment, protecting human health, ensuring prudent and rational utilisation of natural resources and promoting a more circular economy.
(1)   Waste management in the Union should be improved, with a view to protecting, preserving and improving the quality of the environment, protecting human health, ensuring prudent and efficient utilisation of natural resources, promoting the principles of the circular economy, enhancing the diffusion renewable energy, increasing energy efficiency, reducing the dependence of the Union on imported resources providing new economic opportunities and long-term competitiveness. In order to make the economy truly circular, it is necessary to take additional measures on sustainable production and consumption, focusing on the whole life cycle of products in a way that preserves resources and closes the loop. Using resources more efficiently would also bring substantial net savings for Union businesses, public authorities and consumers while reducing total annual greenhouse gas emissions .
Amendment 4
Proposal for a directive
Recital 1 a (new)
(1a)   A political and societal incentive to promote recovery and recycling as a sustainable way to handle natural resources within circular economy should respect the waste management hierarchy laid down in Article 4 of Directive 2008/98/EC of the European Parliament and of the Council 1a and to strictly apply the approach by which prevention takes priority over recycling.
__________________
1a Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
Amendment 5
Proposal for a directive
Recital 1 b(new)
(1b)   Littering and improper disposal of packaging and packaging waste has negative impacts on both the marine environment and the Union economy and poses unnecessary risks to public health. Many of the most commonly found items on beaches include packaging waste, with long-term impacts on the environment which affect tourism and public enjoyment of these natural areas. Additionally, packaging waste that makes its way into the marine environment subverts the priority order of the waste hierarchy, in particular by avoiding preparation for reuse, recycling and other recovery prior to its improper disposal. In order to reduce the disproportionate contribution of packaging waste to marine litter, a binding target should be established, supported by targeted measures adopted by Member States.
Amendment 6
Proposal for a directive
Recital 2
(2)   The targets laid down in Directive 94/62/EC of the European Parliament and of the Council 13 for the recovery and recycling of packaging and packaging waste should be amended by increasing the preparing for re-use and recycling of packaging waste in order to better reflect the Union’s ambition to move towards a circular economy.
(2)   The targets laid down in Directive 94/62/EC for the recovery and recycling of packaging and packaging waste should be amended by increasing the recycling of packaging waste in order to better reflect the Union’s ambition to move towards a circular economy.
__________________
3 Directive 94/62/EC of European Parliament and Council of 20 December 1994 on packaging and packaging waste (OJ L 365, 31.12.1994, p. 10).
Amendment 7
Proposal for a directive
Recital 2 a (new)
(2a)   Separate quantitative targets for re-use, that Member States should aim to achieve, should be established to promote re-usable packaging while contributing to the job creation and to savings in resources.
Amendment 8
Proposal for a directive
Recital 2 b (new)
(2b)   Increasing the reuse of packaging can reduce the overall cost in the supply chain and reduce the environmental impact of packaging waste. Member States should support the introduction on the market of re-usable packaging which is recyclable at the end of its life.
Amendment 9
Proposal for a directive
Recital 2 c (new)
(2c)   In certain situations, such as food service, single use packaging is required to guarantee food hygiene and the health and safety of consumers. Member States should take account of this when developing prevention measures and should promote greater access to recycling for such packaging.
Amendment 10
Proposal for a directive
Recital 3
(3)   Furthermore, in order to ensure greater coherence in waste legislation, the definitions in Directive 94/62/EC should be aligned to those of Directive 2008/98/EC of the European Parliament and of the Council 14 applicable to waste in general.
(3)   Furthermore, in order to ensure greater coherence in waste legislation, without prejudice to the specificity of packaging and packaging waste, the definitions in Directive 94/62/EC should be aligned, where relevant, to those of Directive 2008/98/EC applicable to waste in general.
__________________
14 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
Amendment 11
Proposal for a directive
Recital 4
(4)   Clear environmental, economic and social benefits would be derived from further increasing the targets laid down in Directive 94/62/EC for preparation for re-use and recycling of packaging waste.
(4)   Clear environmental, economic and social benefits would be derived from further increasing the targets laid down in Directive 94/62/EC for recycling of packaging waste.
Amendment 12
Proposal for a directive
Recital 4 a (new)
(4a)   Waste prevention is the most efficient way to improve resource efficiency, reduce the environmental impact of waste and promote recycling materials of high quality. For those reasons, Member States should adopt a life-cycle approach in order to reduce the environmental impact of products. Member States should take measures to incentivise the take-up of re-usable packaging and to achieve a reduction in consumption of packaging that is not recyclable and of excessive packaging. To that end, Member States should make use of adequate economic instruments and other measures to provide incentives for the application of the waste hierarchy. Member States should be able to use those listed in Annex IVa to Directive 2008/98/EC. Furthermore, waste prevention efforts should not compromise the role of packaging in preserving hygiene or safety for consumers.
Amendment 13
Proposal for a directive
Recital 4 b (new)
(4b)   Member States should put in place adequate incentives for the application of the waste hierarchy, in particular, by means of financial and fiscal incentives aimed at achieving the packaging waste prevention and recycling objectives of this Directive, such as landfill and incineration charges, pay-as-you-throw schemes, extended producer responsibility schemes and incentives for local authorities. Those measures should be part of the packaging waste prevention programmes in all Member States.
Amendment 14
Proposal for a directive
Recital 4 c (new)
(4c)   In the vast majority of cases, the provision of packaging does not depend on and is not chosen by the final consumer but rather by the producer. Extended producer responsibility schemes are a suitable means of both preventing the formation of packaging waste and creating systems that will guarantee the return and/or collection of used packaging and/or packaging waste from the consumer, other final user, or from the waste stream, and the reuse or recovery, including recycling of the packaging and/or packaging waste, that is collected.
Amendment 15
Proposal for a directive
Recital 4 d (new)
(4d)   In order to boost the prevention of packaging waste and reduce its impact on the environment while promoting recycling materials of high quality, the essential requirements of and Annex II to this Directive should be reviewed, and if necessary revised, to strengthen the requirements that will enhance the design for re-use and high quality recycling of packaging.
Amendment 16
Proposal for a directive
Recital 4 e (new)
(4e)   Member States’ national strategies should include the raising of public awareness, in the form of the various incentives and benefits deriving from products made from recycled waste, which will encourage investment in the recycled products sector.
Amendment 17
Proposal for a directive
Recital 4 f (new)
(4 f)   Fostering a sustainable bio-economy can contribute to decreasing Europe's dependence on imported raw materials. Improving market conditions for bio-based recyclable packaging and compostable biodegradable packaging and reviewing existing law hampering the use of those materials offers the opportunity to stimulate further research and innovation and to substitute fossil fuel-based feedstocks with renewable sources for the production of packaging, where beneficial from a lifecycle perspective, and support further organic recycling.
Amendment 18
Proposal for a directive
Recital 5
(5)   Through a progressive increase of the existing targets on preparing for re-use and recycling of packaging waste, it should be ensured that economically valuable waste materials are progressively and effectively recovered through proper waste management and in line with the waste hierarchy. That way it should be ensured that valuable materials found in waste are returned into the European economy, thus making progress in the implementation of the Raw Materials Initiative15 and the creation of a circular economy.
(5)   Through a progressive increase of the existing targets on recycling of packaging waste, it should be ensured that economically valuable waste materials are progressively and effectively recovered through proper waste management and in line with the waste hierarchy. That way it should be ensured that valuable materials found in waste are returned into the European economy, thus making progress in the implementation of the Raw Materials Initiative15 and the creation of a circular economy without prejudice to food safety, consumer health and food contact materials law.
__________________
__________________
15 COM(2013)0442 .
15 COM(2013)0442 .
Amendment 89
Proposal for a directive
Recital 5 a (new)
(5 a)   The circular economy should implement explicit provisions of the 7th Environment Action Programme, which calls for the development of non-toxic material cycles so that recycled waste can be used as a major and reliable source of raw material for the Union.
Amendment 20
Proposal for a directive
Recital 5 b (new)
(5b)   Once recycled material re-enters the economy due to it receiving end-of- waste status, either by complying with specific end of waste criteria or being incorporated in a new product, it is required to be fully compliant with Union chemicals law.
Amendment 21
Proposal for a directive
Recital 5 c (new)
(5c)   There are substantial differences between household packaging waste and commercial and industrial packaging waste. In order to obtain a clear and accurate insight into both streams, Member States should report on them separately.
Amendment 22
Proposal for a directive
Recital 6
(6)   Many Member States have not yet completely developed the necessary waste management infrastructure. It is therefore essential to set clear policy objectives in order to avoid locking recyclable materials at the bottom of the waste hierarchy.
(6)   Many Member States have not yet completely developed the necessary waste management infrastructure for recycling . It is therefore essential to set clear policy objectives for the construction of waste treatment facilities and installations needed for prevention, reuse and recycling, in order to avoid locking recyclable materials at the bottom of the waste hierarchy and to set incentives for investments into an innovative waste management infrastructure for recycling .
Amendment 23
Proposal for a directive
Recital 6 a (new)
(6a)   In order to help achieve the targets of this Directive and to boost the transition to a circular economy, the Commission should promote the coordination and exchange of information and best practices among Member States and different sectors of the economy. That exchange could be facilitated through communication platforms that could help raise awareness of new industrial solutions and allow for a better overview of available capacities which would contribute to connecting the waste industry and other sectors and support industrial symbiosis.
Amendment 24
Proposal for a directive
Recital 7
(7)   With the combination of recycling targets and landfill restrictions laid down in Directives 2008/98/EC and 1999/31/EC, the Union targets for energy recovery and the recycling targets for packaging waste laid down in Directive 94/62/EC are no longer necessary.
(7)   With the combination of recycling targets and landfill restrictions laid down in Directives 2008/98/EC and 1999/31/EC of the Council 1a , the Union targets for energy recovery for packaging waste laid down in Directive 94/62/EC are no longer necessary.
__________________
1a Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182, 16.7.1999, p. 1).
Amendment 25
Proposal for a directive
Recital 8
(8)   This Directive sets long-term objectives for the Union’s waste management and gives the economic operators and the Member States a clear direction for the necessary investments to attain the objectives of this Directive. In developing their national waste management strategies and planning investments in waste management infrastructure, Member States should make a sound use of the European Structural and Investment Funds in line with the waste hierarchy by promoting prevention, re-use and recycling.
(8)   This Directive sets long-term objectives for the Union’s waste management and gives the economic operators and the Member States a clear direction for the necessary investments to attain the objectives of this Directive. In developing their national waste management strategies and planning investments in waste management infrastructure and the circular economy, Member States should make a sound use of the European Structural and Investment Funds in line with the waste hierarchy and devise those strategies and investment plans so that they are geared primarily to promoting waste prevention and re-use, followed by recycling, in line with the waste hierarchy .
Amendment 26
Proposal for a directive
Recital 9 a (new)
(9a)   The rules on the further raising of recycling targets from 2030 onwards should be reviewed in the light of the experience gained in applying this Directive.
Amendment 28
Proposal for a directive
Recital 11
(11)   Member States should, for the purposes of calculating whether the preparation for re-use and recycling targets are achieved, be able to take into account products and components that are prepared for re-use by recognised preparation for re-use operators and deposit-refund schemes. To ensure harmonised conditions for those calculations, the Commission will adopt detailed rules on the determination of recognised preparation for re-use operators and deposit-refund schemes and on the collection, verification and reporting of data.
(11)   In order to ensure a uniform calculation of data on recycling targets the Commission should adopt detailed rules on the determination of recycling operators and on the collection, traceability, verification and reporting of data. After the adoption of this harmonised methodology, Member States should be able, for the purposes of calculating whether the recycling targets are achieved, to take into account the recycling of metals that takes place in conjunction with incineration or co-incineration.
Amendment 29
Proposal for a directive
Recital 12
(12)   In order to ensure the reliability of the data gathered on preparation for re-use it is essential to establish common rules for reporting. Similarly, it is important to lay down more precisely the rules according to which Member States should report what is effectively recycled and can be counted towards the attainment of the recycling targets. To that effect, as a general rule, the reporting on the attainment of the recycling targets must be based on the input to the final recycling process. In order to limit administrative burdens, Member States should be allowed, under strict conditions, to report recycling rates on the basis of the output of sorting facilities . Losses in weight of materials or substances due to physical and/or chemical transformation processes inherent to the final recycling process should not be deducted from the weight of the waste reported as recycled.
(12)   In order to ensure the reliability of the data gathered on recycling it is essential to establish common rules on the collection, traceability, verification and reporting of data . Similarly, it is important to lay down more precisely the rules according to which Member States should report what is effectively recycled and can be counted towards the attainment of the recycling targets. The calculation of the attainment of the targets should be based on one harmonised method that prevents reporting of discarded waste as recycled waste. To that end, the reporting on the attainment of the recycling targets must be based on the input to the final recycling process. Losses in weight of materials or substances due to physical and/or chemical transformation processes inherent to the final recycling process should not be deducted from the weight of the waste reported as recycled.
Amendment 30
Proposal for a directive
Recital 14
(14)   Statistical data reported by Member States are essential for the Commission to assess compliance with waste legislation across the Member States. The quality, reliability and comparability of statistics should be improved by introducing a single entry point for all waste data, deleting obsolete reporting requirements, benchmarking national reporting methodologies and introducing a data quality check report.
(14)   Data and information reported by Member States are essential for the Commission to assess compliance with waste legislation across the Member States. The quality, reliability and comparability of data reported should be improved by introducing a common methodology for collection and processing of data based on reliable sources and by introducing a single entry point for all waste data, deleting obsolete reporting requirements, benchmarking national reporting methodologies and introducing a data quality check report.
Amendment 31
Proposal for a directive
Recital 16
(16)   Reliable reporting of statistical data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among Member States. Therefore, when preparing the reports on compliance with the targets set out in Directive 94/62/EC, Member States should be required to use the most recent methodology developed by the Commission and the national statistical offices of the Member States.
(16)   Reliable reporting of statistical data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among Member States. Therefore, when preparing the reports on compliance with the targets set out in Directive 94/62/EC, Member States should be required to use a common methodology for data collection and processing developed by the Commission in cooperation with the national statistical offices of the Member States and the national, regional and local authorities responsible for waste management.
Amendment 32
Proposal for a directive
Recital 16 a (new)
(16a)   Member States should submit to the Commission on request and without delay any information necessary for the evaluation of the implementation of this Directive as a whole and its impact on the environment and human health.
Amendment 33
Proposal for a directive
Recital 17
(17)   In order to supplement or amend Directive 94/62/EC, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of Articles 6a(2), 6a(5), 11(3), 19(2) and 20 . It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and the Council.
(17)   In order to supplement Directive 94/62/EC, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of rules on the calculation of the attainment of the recycling targets, certain exceptions concerning the maximum concentration levels of heavy metals in certain recycled materials, product loops and types of packaging, on the common methodology for data collection and processing and the format for reporting data concerning the attainment of the recycling targets and amendments to the list of illustrative examples on the definition of packaging and any technical difficulties encountered in applying this Directive . It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 34
Proposal for a directive
Recital 18
(18)   In order to ensure uniform conditions for the implementation of Directive 94/62/EC, implementing powers should be conferred on the Commission in respect of Articles 12(3d) and 19 . Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council16 .
(18)   In order to ensure uniform conditions for the implementation of Directive 94/62/EC, implementing powers should be conferred on the Commission for adapting to scientific and technical progress the identification system concerning the nature of the packaging materials used . Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council16 .
__________________
__________________
16 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.02.2011, p. 13).
16 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.02.2011, p. 13).
Amendment 35
Proposal for a directive
Recital 21 a (new)
(21a)   Member States should ensure that high levels of occupational health and safety requirements are put in place for all Union workers, in line with existing Union law, and in accordance with the specific risks faced by workers in some production, recycling and waste sectors.
Amendment 36
Proposal for a directive
Article 1 – paragraph 1 – point-1 (new)
Directive 94/62/EC
Article 1 – paragraph 2
(-1)   In Article 1, paragraph 2 is replaced by the following:
"2. To this end this Directive lays down measures aimed, as a first priority, at preventing the production of packaging waste and, as additional fundamental principles, at reusing packaging, at recycling and other forms of recovering packaging waste and, hence, at reducing the final disposal of such waste. "
"2. To this end this Directive lays down measures aimed, as a first priority, at preventing the production of packaging waste and, as additional fundamental principles, at reusing packaging, at recycling and other forms of recovering packaging waste and, hence, at reducing the final disposal of such waste in order to contribute to the transition towards a circular economy ."
Amendment 37
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b a (new)
Directive 94/62/EC
Article 3 – point 2 a (new)
(ba)   the following point is added:
"2a. 'Bio-based packaging' shall mean any packaging derived from materials of biological origin excluding material embedded in geological formations and/or fossilised;"
Amendment 38
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
Directive 94/62/EC
Article 3 – points 3 to 10
(c)   points 3 to 10 are deleted;
(c)   points 3 and 4 and from 6 to 10 are deleted;
Amendment 39
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point d
Directive 94/62/EC
Article 3 – paragraph 2
' In addition, the definitions of ‘waste’, ‘waste producer’, ‘waste holder’, ‘waste management’, 'collection', 'separate collection', ‘prevention’, ‘re-use’ , 'treatment', ‘recovery’, ‘preparing for re-use’ , ‘recycling’, 'final recycling process' and ‘disposal’ laid down in Article 3 of Directive 2008/98/EC shall apply.'
' In addition, the definitions of 'waste', 'waste producer', 'waste holder', 'waste management', 'collection', 'separate collection', 'prevention', 'sorting', 'municipal waste', 'industrial and commercial waste' , 'treatment', 'recovery', ' recycling', 'organic recycling' , 'final recycling process', 'litter', and 'disposal' laid down in Article 3 of Directive 2008/98/EC shall apply.'
Amendment 40
Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 94/62/EC
Article 4 – paragraph 1 – subparagraph 2
'Such other measures may consist of national programmes, incentives through extended producer responsibility schemes to minimise the environmental impact of packaging or similar actions adopted, if appropriate, in consultation with economic operators, and designed to bring together and take advantage of the many initiatives taken within Member States as regards prevention. They shall comply with the objectives of this Directive as defined in Article 1(1) ';
'Member States shall take measures to minimise the environmental impact of packaging and contribute to achieving the waste prevention objectives that are laid down in paragraph -1 of Article 9 of Directive 2008/98/EC. Such measures shall include extended producer responsibility as defined in the third subparagraph in Article 8(1) and incentives for the take-up of re-usable packaging.
Member States shall take measures to achieve a sustained reduction in consumption of packaging that is not recyclable and of excessive packaging. Such measures shall not compromise hygiene or food safety.
In addition, Member States may take other actions adopted in consultation with economic operators and consumer and environmental organisations and designed to bring together and take advantage of the many initiatives taken within Member States as regards prevention.
They shall comply with the objectives of this Directive as defined in Article 1(1).
Member States shall make use of adequate economic instruments and other measures to provide incentives for the application of the waste hierarchy. Such instruments and measures may include those listed in Annex IVa to Directive 2008/98/EC.’
Amendment 41
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Directive 94/62/EC
Article 4 – paragraph 3
(2a)   In Article 4, paragraph 3 is replaced by the following:
3.   The Commission shall, as appropriate, present proposals for measures to strengthen and complement the enforcement of the essential requirements and to ensure that new packaging is put on the market only if the producer has taken all necessary measures to minimise its environmental impact without compromising the essential functions of the packaging.
' 3. By 31 December 2020 the Commission shall present proposals to update the essential requirements in order to strengthen and complement the enforcement of these requirements so as to ensure that new packaging is put on the market only if the producer has taken all necessary measures to minimise its environmental impact without compromising the essential functions of the packaging. The Commission shall, after consulting all stakeholders, present a legislative proposal for updating requirements, in particular to strengthen the design for re-use and high quality recycling.
Amendment 42
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Directive 94/62/EC
Article 4 – paragraph 3 a (new)
(2b)   In Article 4, the following paragraph is inserted:
'3a. Member States shall encourage, where environmentally beneficial from a life-cycle perspective, the use of bio-based recyclable packaging and of biodegradable compostable packaging, by taking measures such as those:
(a)   promoting their use through, inter alia, the use of economic instruments;
(b)   improving market conditions for such products;
(c)   reviewing existing law hampering the use of those products.’
Amendment 43
Proposal for a directive
Article 1 – paragraph 1 – point 2 c (new)
Directive 94/62/EC
Article 5 – title
(2c)   In Article 5, the following title is inserted:
'Re-Use'
Amendment 44
Proposal for a directive
Article 1 – paragraph 1 – point 2 d (new)
Directive 94/62/EC
Article 5 – paragraph 1
(2d)   In Article 5, paragraph 1 is replaced by the following:
Member States may encourage reuse systems of packaging, which can be reused in an environmentally sound manner, in conformity with the Treaty.
1.   In line with the waste hierarchy, Member States shall encourage reuse systems of packaging, which can be reused in an environmentally sound manner, in conformity with the Treaty, without compromising food hygiene or the safety of consumers .
Amendment 45
Proposal for a directive
Article 1 – paragraph 1 – point 2 e (new)
Directive 94/62/EC
Article 5 – paragraph 1 a (new)
(2e)   In Article 5, the following paragraph is inserted:
'1a. Member States shall aim to achieve the following targets for re-use of packaging:
(a)   no later than 31 December 2025, a minimum of 5% by weight of all packaging waste is re-used;
(b)   no later than 31 December 2030, a minimum of 10% by weight of all packaging waste is re-used.'
Amendment 46
Proposal for a directive
Article 1 – paragraph 1 – point 2 f (new)
Directive 94/62/EC
Article 5 – paragraph 1 b (new)
(2f)   In Article 5, the following paragraph is inserted:
'1b. In order to encourage re-use operations, Member States may take, inter alia, the following measures:
—   the use of deposit return schemes for re-usable packaging products;
—   the setting up of a minimum percentage of re-useable packaging placed on the market every year per packaging stream;
—   the establishment of adequate economic incentives to producers of re-usable packaging.'
Amendment 47
Proposal for a directive
Article 1 – paragraph 1 – point 2 g (new)
Directive 94/62/EC
Article 5 – paragraph 1 c (new)
(2g)   In Article 5, the following paragraph is inserted:
1c.   Packaging and reused packaging which is collected by a deposit-refund scheme may be counted towards the attainment of prevention targets established by national prevention programmes.
Amendment 48
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Directive 94/62/EC
Article 6 – title
(a)   the title is replaced by 'Recovery, re-use and recycling';
(a)   the title is replaced by 'Recovery, and recycling';
Amendment 49
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a a (new)
Directive 94/62/EC
Article 6 – paragraph -1 (new)
(aa)   In Article 6, the following paragraph -1 is inserted:
‘-1. Member States shall put in place sorting systems for all packaging materials.’
Amendment 50
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Directive 94/62/EC
Article 6 – paragraph 1 – point f
(f)   no later than 31 December 2025 a minimum of 65% by weight of all packaging waste will be prepared for reuse and recycled;
(f)   no later than 31 December 2025 a minimum of 70% by weight of all packaging waste generated will be recycled;
Amendment 51
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Directive 94/62/EC
Article 6 – paragraph 1 – point g
(g)   no later than 31 December 2025 the following minimum targets by weight for preparing for reuse and recycling will be met regarding the following specific materials contained in packaging waste:
(g)   no later than 31 December 2025 the following minimum targets by weight for recycling will be met regarding the following specific materials contained in packaging waste:
(i)   55 % of plastic;
(i)   60 % of plastic;
(ii)   60% of wood;
(ii)   65% of wood;
(iii)   75% of ferrous metal;
(iii)   80% of ferrous metal;
(iv)   75% of aluminium;
(iv)   80% of aluminium;
(v)   75% % of glass;
(v)   80 % of glass;
(vi)   75% of paper and cardboard;
(vi)   90% of paper and cardboard;
Amendment 52
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Directive 94/62/EC
Article 6 – paragraph 1 – point h
(h)   no later than 31 December 2030 a minimum of 75% by weight of all packaging waste will be prepared for reuse and recycled;
(h)   no later than 31 December 2030 a minimum of 80% by weight of all packaging waste generated will be recycled;
Amendment 53
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Directive 94/62/EC
Article 6 – paragraph 1 – point i
(i)   no later than 31 December 2030 the following minimum targets by weight for preparing for reuse and recycling will be met regarding the following specific materials contained in packaging waste:
(i)   no later than 31 December 2030 the following minimum targets by weight for recycling will be met regarding the following specific materials contained in packaging waste:
(i)   75% of wood;
(i)   80% of wood;
(ii)   85% of ferrous metal;
(ii)   90% of ferrous metal;
(iii)   85% of aluminium;
(iii)   90% of aluminium;
(iv)   85% of glass;
(iv)   90% of glass;
(v)   85% of paper and cardboard.
Amendment 54
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c
Directive 94/62/EC
Article 6 – paragraph 3
3.   Packaging waste sent to another Member State for the purposes of preparing for reuse, recycling or recovery in that other Member State may only be counted towards the attainment of the targets laid down in paragraph 1(f) to (i) by the Member State in which the packaging waste was collected.
3.   Packaging waste sent to another Member State for the purpose of recycling in that other Member State may only be counted towards the attainment of the targets laid down in paragraph 1(f) to (i) by the Member State in which the packaging waste was collected.
Amendment 55
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c a (new)
Directive 94/62/EC
Article 6 – paragraph 4
(ca)   In Article 6, paragraph 4 is replaced by the following:
4.   Member States shall, where appropriate, encourage the use of materials obtained from recycled packaging waste for the manufacturing of packaging and other products by:
' 4. Member States shall encourage the use of materials obtained from recycled packaging waste, when beneficial from a life-cycle perspective and in line with the waste hierarchy , for the manufacturing of packaging and other products by:
(a)   improving market conditions for such materials;
(a)   improving market conditions for such materials;
(b)   reviewing existing regulations preventing the use of those materials.
(b)   reviewing existing regulations preventing the use of those materials;
(ba)   making use of adequate economic instruments in order to incentivise the uptake of secondary raw material that may include measures promoting the recycled content of the products and the application of sustainable public procurement criteria;
(bb)   promoting materials that, when recycled, do not endanger human health when they are recycled into food contact materials.'
Amendment 56
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point d
Directive 94/62/EC
Article 6 – paragraphs 5, 8 and 9
(d)   paragraphs 5, 8, and 9 are deleted;
(d)   paragraphs 5 and 9 are deleted;
Amendment 57
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point d a (new)
Directive 94/62/EC
Article 6 – paragraph 8
(da)   Paragraph 8 is replaced by the following:
8.   The Commission shall, as soon as possible and no later than 30 June 2005, present a report to the European Parliament and the Council on the progress of the implementation of this Directive and its impact on the environment, as well as on the functioning of the internal market. The report shall take into account individual circumstances in each Member State. It shall cover the following:
'8. To that end, the Commission shall, by 31 December 2024, examine the targets laid down in Article 6 and the progress towards achieving them, taking into account the best practices and measures used by Member States to reach those targets.
In its assessment, the Commission shall consider setting:
(a)   an evaluation of the effectiveness, implementation and enforcement of the essential requirements;
(a)   targets on other packaging waste streams;
(b)   additional prevention measures to reduce the environmental impact of packaging as far as possible without compromising its essential functions;
(b)   separate targets for household packaging waste and for commercial and industrial packaging waste.
(c)   the possible development of a packaging environment indicator to render packaging waste prevention simpler and more effective;
To that end, the Commission, shall draw up a report, accompanied by a legislative proposal, if appropriate, which shall be sent to the European Parliament and the Council.'
(d)   packaging waste prevention plans;
(e)   encouragement of reuse and, in particular, comparison of the costs and benefits of reuse and those of recycling;
(f)   producer responsibility including its financial aspects;
(g)   efforts to reduce further and, if appropriate, ultimately phase out heavy metals and other hazardous substances in packaging by 2010.
This report shall, as appropriate, be accompanied by proposals for revision of the related provisions of this Directive, unless such proposals have, by that time, been presented.
Amendment 58
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 94/62/EC
Article 6a – paragraph 1
'1. For the purpose of calculating whether the targets laid down in Article 6(1)(f) to (i) have been attained,
'1. For the purpose of calculating whether the targets laid down in points (f) to (i) of Article 6(1) have been attained the weight of the packaging waste recycled shall be calculated as the weight of the input waste entering the final recycling process in a given year .
(a)   the weight of the packaging waste recycled shall be understood as the weight of the input waste entering the final recycling process;
(b)   the weight of the packaging waste prepared for reuse shall be understood as the weight of packaging waste that has been recovered or collected by a recognised preparation for re-use operator and has undergone all necessary checking, cleaning and repairing operations to enable re-use without further sorting or pre-processing;
(c)   Member States may include products and components prepared for re-use by recognised preparation for re-use operators or deposit-refund schemes. For the calculation of the adjusted rate of packaging waste prepared for re-use and recycled taking into account the weight of the products and components prepared for re-use, Member States shall use verified data from the operators and apply the formula set out in Annex IV.
Amendment 59
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 94/62/EC
Article 6a – paragraph 1a (new)
1a.   By 31 December 2018, the Commission shall request the European standardisation organisations to develop European quality standards for waste materials entering the final recycling process and for the secondary raw materials, in particular for plastics, based on the best available practices.
Amendment 60
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 94/62/EC
Article 6a – paragraph 2
2.   In order to ensure harmonised conditions for the application of paragraph 1(b) and (c ) and of Annex IV , the Commission shall adopt delegated acts in accordance with Article 21a establishing minimum quality and operational requirements for the determination of recognised preparation for re-use operators and deposit-refund schemes , including specific rules on data collection, verification and reporting.
2.   In order to ensure harmonised conditions for the application of paragraph 1 the Commission shall adopt delegated acts in accordance with Article 21a in order to supplement this Directive by establishing minimum quality and operational requirements for the determination of final recycling operators , including specific rules on data collection, traceability and verification and reporting.
Amendment 61
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 94/62/EC
Article 6a – paragraph 2 a (new)
2a.   The Commission shall examine the possibilities of and, if appropriate, propose measures for streamlining the reporting of composite packaging with the obligations laid down in this Directive.
Amendment 62
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 94/62/EC
Article 6a – paragraph 3
3.   By way of derogation from paragraph 1, the weight of the output of any sorting operation may be reported as the weight of the packaging waste recycled provided that:
deleted
(a)   such output waste is sent into a final recycling process;
(b)   the weight of materials or substances that are not subject to a final recycling process and that are disposed or subject to energy recovery remains below 10% of the total weight to be reported as recycled.
Amendment 63
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 94/62/EC
Article 6a – paragraph 4
4.   Member States shall establish an effective system of quality control and traceability of the packaging waste to ensure that conditions laid down in paragraph 3(a) and (b) are met. The system may consist of either electronic registries set up pursuant to Article 35(4) of Directive 2008/98/EC, technical specifications for the quality requirements of sorted waste or any equivalent measure to ensure the reliability and accuracy of the data gathered on recycled waste.
4.   In accordance with the delegated acts adopted pursuant to paragraph 2, Member States shall establish an effective system of quality control and traceability of the packaging waste to ensure compliance with the rules laid down in paragraph 1 . The system may consist of either electronic registries set up pursuant to Article 35(4) of Directive 2008/98/EC, technical specifications for the quality requirements of sorted waste or any equivalent measure to ensure the reliability and accuracy of the data gathered on recycled waste. Member States shall inform the Commission about the system chosen for quality control and traceability.
Amendment 64
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 94/62/EC
Article 6a – paragraph 5
5.   For the purposes of calculating whether the targets laid down in Article 6(1)(f) to (i) have been achieved Member States may take into account the recycling of metals that takes place in conjunction with incineration in proportion to the share of the packaging waste incinerated provided that the recycled metals meet certain quality requirements. Member States shall use the common methodology established in accordance with Article 11a(6) of Directive 2008/98/EC.
5.   For the purposes of calculating whether the targets laid down in points (f) to (i) of Article 6(1) have been achieved Member States may take into account the recycling of metals that takes place in conjunction with incineration or co-incineration only if waste has been sorted prior to incineration or if the obligation to set up separate collection for paper, metal, plastic, glass and bio-waste has been complied with in proportion to the share of the packaging waste incinerated or co-incinerated provided that the recycled metals meet certain quality requirements. Member States shall use the common methodology established in accordance with Article 11a(6) of Directive 2008/98/EC.
Amendment 65
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 94/62/EC
Article 6b – paragraph 1 – point b a (new)
(ba)   examples of best practices which are used throughout the Union and which can provide guidance on progress towards achieving the targets.
Amendment 66
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 94/62/EC
Article 6b – paragraph 2 a (new)
2a.   Where necessary, the reports referred to in paragraph 1 shall address the implementation of requirements of this Directive other than those referred to in paragraph 1, including the forecasting of the achievement of the targets contained in the waste prevention programmes and the percentage and the per capita quantity of municipal waste that is disposed of or subject to energy recovery.
Amendment 67
Proposal for a directive
Article 1 – paragraph 1 – point 5 a (new)
Directive 94/62/EC
Article 7 – paragraph 1
(5a)   Article 7 (1) is replaced by the following:
"1. Member States shall take the necessary measures to ensure that systems are set up to provide for:
"1. Member States, in order to meet the objectives laid down in this Directive, shall take the necessary measures to ensure that systems are set up to provide for, and incentivise :
(a)   the return and/or collection of used packaging and/or packaging waste from the consumer, other final user, or from the waste stream in order to channel it to the most appropriate waste management alternatives;
(a)   the return and/or collection of used packaging and/or packaging waste from the consumer, other final user, or from the waste stream in order to channel it to the most appropriate waste management alternatives;
(b)   the reuse or recovery including recycling of the packaging and/or packaging waste collected,
(b)   the reuse or recovery including recycling of the packaging and/or packaging waste collected.
in order to meet the objectives laid down in this Directive.
These systems shall be open to the participation of the economic operators of the sectors concerned and to the participation of the competent public authorities. They shall also apply to imported products under non-discriminatory conditions, including the detailed arrangements and any tariffs imposed for access to the systems, and shall be designed so as to avoid barriers to trade or distortions of competition in conformity with the Treaty."
These systems shall be open to the participation of the economic operators of the sectors concerned and to the participation of the competent public authorities. They shall also apply to imported products under non-discriminatory conditions, including the detailed arrangements and any tariffs imposed for access to the systems, and shall be designed so as to avoid barriers to trade or distortions of competition in conformity with the Treaty."
Amendment 68
Proposal for a directive
Article 1 – paragraph 1 – point 5 b (new)
Directive 94/62/EC
Article 7 a (new)
(5b)   The following Article is inserted:
'Article 7a
Specific measures for return and collection systems
Member States shall take the necessary measures to put in place:
(a)   the separate collection of at least packaging or packaging waste made up of paper, metal, plastic or glass;
(b)   composite packaging as defined under Commission Decision 2005/270/EC shall be collected in existing collection schemes meeting the quality standards required for final recycling. '
Amendment 69
Proposal for a directive
Article 1 – paragraph 1 – point 5 c (new)
Directive 94/62/EC
Article 8 – paragraph 2
(5c)   In Article 8, paragraph 2 is replaced by the following:
"2. To facilitate collection, reuse and recovery including recycling, packaging shall indicate for the purposes of its identification and classification by the industry concerned the nature of the packaging material(s) used on the basis of Commission Decision 97/129/EC[1] .
"2. To facilitate collection, reuse and recovery including recycling, packaging shall contain information useful for that purpose. In particular , packaging shall indicate for the purposes of its identification and classification by the industry concerned the nature of the packaging material(s) used on the basis of Commission Decision 97/129/EC[1] .
[1] OJ L 50, 20.2.1997, p. 28."
[1] OJ L 50, 20.2.1997, p. 28."
Amendment 70
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point d
Directive 94/62/EC
Article 12 – paragraph 3a
'3a. Member States shall report the data concerning the attainment of the targets laid down in Article 6(1)(a) to (i) for each calendar year to the Commission. They shall report this data electronically within 18 months of the end of the reporting year for which the data are collected.
'3a. Member States shall report the data concerning the attainment of the targets laid down in points (a) to (i) of Article 6(1) for each calendar year to the Commission. They shall collect and process the data in accordance with the common methodology referred to in paragraph 3d and report it electronically within 12 months of the end of the reporting year for which the data are collected.
Amendment 71
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point d
Directive 94/62/EC
Article 12 – paragraph 3a – subparagraph 2
The data shall be reported in the format established by the Commission in accordance with paragraph 3d. The first reporting shall cover data for the period from 1 January [enter year of entry into force of this Directive + 1 year] to 31 December [enter year of entry into force of this Directive + 1 year].
The data shall be collected and processed, using the common methodology referred to in paragraph 3d, and reported in the format established by the Commission in accordance with paragraph 3d. The first reporting with respect to the targets laid down in points (f) to (i) in Article 6 shall cover data for the period from 1 January [enter year of entry into force of this Directive + 1 year] to 31 December [enter year of entry into force of this Directive + 1 year].
Amendment 72
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point d
Directive 94/62/EC
Article 12 – paragraph 3c
3c.   The Commission shall review the data reported in accordance with this Article and publish a report on the results of its review. The report shall cover an assessment of the organisation of the data collection, the sources of data and the methodology used in Member States as well as the completeness, reliability, timeliness and consistency of that data. The assessment may include specific recommendations for improvement. The report shall be drawn up every three years.
3c.   The Commission shall review the data reported in accordance with this Article and publish a report on the results of its review. Until the common methodology for data collection and processing referred to in paragraph 3d has been established, the report shall cover an assessment of the organisation of the data collection, the sources of data and the methodology used in Member States. The Commission shall also assess completeness, reliability, timeliness and consistency of the data and the information submitted. The assessment may include specific recommendations for improvement. The report shall be drawn up nine months after the first reporting of the data by the Member States and every three years thereafter .
Amendment 73
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point d
Directive 94/62/EC
Article 12 – paragraph 3c a (new)
3ca.   In the report, the Commission shall include information on the implementation of the Directive as a whole and evaluate its impact on human health, the environment and the internal market. If appropriate, a proposal to revise this Directive may accompany the report.
Amendment 74
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point d
Directive 94/62/EC
Article 12 – paragraph 3d
3d.   The Commission shall adopt implementing acts laying down the format for reporting data in accordance with paragraph 3a. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 21(2). ';
3d.   The Commission shall adopt delegated acts in accordance with Article 38a in order to supplement this Directive by laying down the common methodology for data collection and processing and the format for reporting data in accordance with paragraph 3a. ';
Amendment 75
Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 94/62/EC
Article 21a – paragraph 2
2.   The power to adopt delegated acts referred to in Article 6a(2), Article 11(3), Article 19(2) and Article 20 shall be conferred on the Commission for an indeterminate period of time from [enter date of entry into force of this Directive].
2.   The power to adopt delegated acts referred to in Article 6a(2), Article 11(3), Article 12(3d), Article 19(2) and Article 20 shall be conferred on the Commission for an indeterminate period of time from [enter date of entry into force of this Directive].
Amendment 76
Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 94/62/EC
Article 21a – paragraph 3
3.   The delegation of power referred to in Article 6a(2), Article 11(3), Article 19(2) and Article 20 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
3.   The delegation of power referred to in Article 6a(2), Article 11(3), Article 12(3d), Article 19(2) and Article 20 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 77
Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 94/62/EC
Article 21a – paragraph 5
5.   A delegated act adopted pursuant to Article 6a(2), Article 11(3), Article 19(2) and Article 20 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.'.
5.   A delegated act adopted pursuant to Article 6a(2), Article 11(3), Article 12(3d), Article 19(2) and Article 20 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.'
Amendment 78
Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)
Directive 94/62/EC
Annex II
(12a)   Annex II to Directive 94/62/EC on packaging and packaging waste is replaced as set out in the Annex to this Directive.
Amendment 79
Proposal for a directive
Article 1 – paragraph 1 – point 14

Directive 94/62/EC

Annex IV

Text proposed by the Commission

Amendment

(14)   Annex IV is added to Directive 94/62/EC on packaging and packaging waste as set out in the Annex to this Directive.

deleted

Amendment 80
Proposal for a directive
Annex – paragraph - 1 (new)
Directive 94/62/EC
Annex II – point 1 – indent 1
(-1)   In Annex II, point 1, the first indent is amended as follows:
—   Packaging shall be designed, produced and commercialized in such a way as to permit its reuse or recovery, including recycling, and to minimize its impact on the environment when packaging waste or residues from packaging waste management operations are disposed of.
- Packaging shall be designed, produced and commercialized in such a way as to permit its reuse or recovery, including recycling, in line with the waste hierachy, and to minimize its impact on the environment when packaging waste or residues from packaging waste management operations are disposed of.’
Amendment 81
Proposal for a directive
Annex – paragraph -1 a (new)
Directive 94/62/EC
Annex II – point 1– indent 1 a (new)
(-1a)   In Annex II, point 1, the following indent 1a is inserted:
‘- Packaging shall be produced in such a way as to minimise its carbon footprint, including by using biodegradable and sustainable bio-based materials.’
Amendment 82
Proposal for a directive
Annex – paragraph -1 b (new)
Directive 94/62/EC
Annex II – point 3 – point c
(-1b)   In Annex II, point 3, point c is replaced by the following:
(c)   Packaging recoverable in the form of composting
‘(c) Packaging recoverable in the form of composting
Packaging waste processed for the purpose of composting shall be of such a biodegradable nature that it should not hinder the separate collection and the composting process or activity into which it is introduced.
Packaging waste processed for the purpose of composting shall be of such a biodegradable nature that it does not hinder the separate collection and the composting process or activity into which it is introduced.’
Amendment 83
Proposal for a directive
Annex – paragraph -1 c (new)
Directive 94/62/EC
Annex II – point 3 – point d
(-1c)   In Annex II, point 3, point d is amended as follows:
(d)   Biodegradable packaging
‘(d) Biodegradable packaging
Biodegradable packaging waste shall be of such a nature that it is capable of undergoing physical, chemical, thermal or biological decomposition such that most of the finished compost ultimately decomposes into carbon dioxide, biomass and water.
Biodegradable packaging waste shall be of such a nature that it is capable of undergoing physical, chemical, thermal or biological decomposition such that most of the finished compost ultimately decomposes into carbon dioxide, biomass and water. Oxo-degradable plastic packaging shall not be considered as biodegradable.’
Amendment 84
Proposal for a directive
Annex – paragraph 2
Directive 94/62/EC
Annex IV
The following Annex IV is added:
deleted
'ANNEX IV
Calculation method for preparing for re-use of products and components for the purpose of Article 6(1)(f) to (i)
In order to calculate the adjusted rate of recycling and preparation for re-use in accordance with Article 6(1)(f) to (i), Member States shall use the following formula:
"E=" "(A+R)*100" /"(P+R)"
E: adjusted recycling and re-use rate in a given year;
A: weight of packaging waste recycled or prepared for re-use in a given year;
R: weight of products and components prepared for re-use in a given year;
P: weight of packaging waste generated in a given year.'

(1) The matter was referred back for interinstitutional negotiations to the committee responsible pursuant to Rule 59(4), fourth subparagraph (A8-0029/2017 ).


Equality between women and men in the EU in 2014-2015
PDF 241k   DOC 72k
European Parliament resolution of 14 March 2017 on equality between women and men in the European Union in 2014-2015 (2016/2249(INI) )
P8_TA(2017)0073 A8-0046/2017

The European Parliament,

–   having regard to Article 2 and Article 3(3), second subparagraph, of the Treaty on European Union (TEU) and Article 8 of the Treaty on the Functioning of the European Union (TFEU),

–   having regard to Article 23 of the Charter of Fundamental Rights of the European Union,

–   having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR),

–   having regard to the United Nations Convention of 18 December 1979 on the Elimination of all Forms of Discrimination against Women (CEDAW),

–   having regard to Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA(1) ,

–   having regard to the Beijing Declaration and Platform for Action adopted by the Fourth World Conference on Women on 15 September 1995 and to the subsequent outcome documents adopted at the United Nations Beijing+5 (2000), Beijing +10 (2005) and Beijing +15 (2010) special sessions,

–   having regard to the 1949 UN Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others,

–   having regard to Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA(2) ,

–   having regard to its position of 20 October 2010 on the proposal for a directive of the European Parliament and of the Council amending Council Directive 92/85/EEC on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (Maternity Leave Directive)(3) ,

–   having regard to Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation(4) ,

–   having regard to Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services(5) ,

–   having regard to Council Directive 2013/62/EU of 17 December 2013 amending Directive 2010/18/EU implementing the revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC, following the amendment of the status of Mayotte with regard to the European Union(6) ,

–   having regard to the EU directives from 1975 onwards on aspects of equal treatment for women and men (Directive 2010/41/EU(7) , Directive 2010/18/EU(8) , Directive 2006/54/EC, Directive 2004/113/EC, Directive 92/85/EEC(9) , Directive 86/613/EEC(10) and Directive 79/7/EEC(11) ),

–   having regard to the Commission proposal of 14 March 2012 for a directive of the European Parliament and of the Council on improving the gender balance among non-executive directors of companies listed on stock exchanges and related measures (Women on boards directive) (COM(2012)0614 ),

–   having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention), and its article 3 defining ‘gender’ as ‘the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men’,

–   having regard to the Commission proposal of 4 March 2016 for a Council decision on the signing, on behalf of the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence (COM(2016)0111 ),

–   having regard to the Council conclusions of 16 June 2016 on gender equality (00337/2016),

–   having regard to the Council conclusions of 5-6 June 2014 on preventing and combating all forms of violence against women and girls, including female genital mutilation (09543/2014),

–   having regard to the Council conclusions of 7 December 2015 on equality between women and men in the field of decision-making (14327/2015),

–   having regard to the Trio Presidency Declaration of 7 December 2015 signed by the Netherlands, Slovakia and Malta,

–   having regard to the Commission communication of 3 March 2010 entitled ‘EUROPE 2020: A strategy for smart, sustainable and inclusive growth’ (COM(2010)2020 ),

–   having regard to the Commission staff working document of 3 March 2015 entitled ‘2014 Report on equality between women and men’ (SWD(2015)0049 ),

–   having regard to the Commission staff working document of 4 March 2016 entitled ‘2015 Report on equality between women and men’ (SWD(2016)0054 ),

–   having regard to the Commission staff working document of 3 December 2015 entitled ‘Strategic engagement for gender equality 2016-2019’ (SWD(2015)0278 ),

–   having regard to its resolutions of 10 February 2010 on equality between women and men in the European Union – 2009(12) , of 8 March 2011 on equality between women and men in the European Union – 2010(13) , of 13 March 2012 on equality between women and men in the European Union – 2011(14) and of 10 March 2015 on progress on equality between women and men in the European Union in 2013(15) ,

–   having regard to the Commission communication of 25 November 2013 entitled ‘Towards the elimination of female genital mutilation’ (COM(2013)0833 ) and to its resolution of 6 February 2014(16) on the elimination of female genital mutilation,

–   having regard to the results of the European Union lesbian, gay, bisexual and transgender (EU LGBT) survey carried out by the Agency for Fundamental Rights (FRA) and published in May 2013,

–   having regard to the FRA report entitled ‘Violence against women – an EU-wide survey. Main results’, published in March 2014,

–   having regard to the FRA report entitled ‘The fundamental rights situation of intersex people’, published in May 2015,

–   having regard to the report of the European Network of Equality Bodies (EQUINET) entitled ‘The Persistence of Discrimination, Harassment and Inequality for Women. The Work of Equality Bodies informing a new European Commission Strategy for Gender Equality’, published in 2015,

–   having regard to the reports of the European Foundation for the Improvement of Living and Working Conditions (Eurofound) entitled ‘The gender employment gap: challenges and solutions’ (2016), ‘Social partners and gender equality in Europe’ (2014), ‘Developments in working life in Europe: EurWORK annual review’ (2014 and 2015), and the Sixth European Working Conditions Survey (EWCS) (2016),

–   having regard to its resolution of 3 February 2016 on the new Strategy for gender equality and women’s rights post-2015(17) and to its resolution of 9 June 2015 on the EU Strategy for equality between women and men post 2015(18) ,

–   having regard to its resolution of 25 February 2014 on combating violence against women(19) ,

–   having regard to its resolution of 9 September 2015 on empowering girls through education in the EU(20) ,

–   having regard to its resolution of 8 March 2016 on the situation of women refugees and asylum seekers in the EU(21) ,

–   having regard to its resolution of 28 April 2016 on women domestic workers and carers in the EU(22) ,

–   having regard to its resolution of 26 May 2016 on poverty: a gender perspective(23) ,

–   having regard to its resolution of 13 September 2016 on creating labour market conditions favourable for work-life balance(24) ,

–   having regard to its resolution of 15 September 2016 on application of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (‘Employment Equality Directive’)(25) ,

–   having regard to its resolution of 8 March 2016 on Gender Mainstreaming in the work of the European Parliament(26) ,

–   having regard to its resolution of 12 May 2016 on implementation of Directive 2011/36/EU of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims from a gender perspective(27) ,

–   having regard to the Commission progress report of 3 June 2013 on the Barcelona objectives entitled ‘The development of childcare facilities for young children in Europe with a view to sustainable and inclusive growth’(28) ,

–   having regard to the Commission Recommendation of 20 February 2013 on ‘Investing in children: breaking the cycle of disadvantage’(29) ,

–   having regard to the European Institute for Gender Equality (EIGE)’s 2015 Gender Equality Index, and the ‘Beijing +20: 4th Review of the Implementation of the Beijing Platform for Action in the EU Member States’ and other reports by EIGE,

–   having regard to the study of the European network of legal experts in gender equality and non-discrimination entitled ‘A comparative analysis of gender equality law in Europe 2015’ of January 2016,

–   having regard to the agreed conclusions on ‘the role of men and boys in achieving gender equality’ by the 48th session of the United Nations Commission on the Status of Women (CWS) in March 2004(30) ,

–   having regard to the document entitled ‘Transforming our World: The 2030 Agenda for Sustainable Development’, adopted at the United Nations Sustainable Development Summit on 25 September 2015, and the goals and targets on gender equality, women’s rights and the empowerment of women included in that document,

–   having regard to the Commission statistical report of April 2014 entitled ‘Single parents and employment in Europe’(31) ,

–   having regard to Rule 52 of its Rules of Procedure,

–   having regard to the report of the Committee on Women’s Rights and Gender Equality (A8-0046/2017 ),

A.   whereas the EIGE 2015 Gender Equality Index shows only marginal improvements: the EU remains only halfway towards achieving gender equality, with the overall score since 2005 having risen from 51,3 to 52,9 out of 100; whereas faster progress is needed if the EU is to meet the targets of Europe 2020;

B.   whereas in recent years some Member States have seen a substantial increase in civic and political movements to the detriment of equal rights for women and men, and which even challenge the overall need for gender equality policies; whereas this backlash against gender equality aims at reinforcing traditional gender roles and at challenging existing and future achievements in the area of gender equality, women’s rights and the rights of LGBTI people;

C.   whereas equality between women and men is a fundamental right enshrined in the Treaty on European Union and the Charter of Fundamental Rights; whereas the European Union’s objective in this field is likewise to ensure equal opportunities and treatment for men and women and to combat all discrimination based on gender;

D.   whereas in 2015 the employment rate for women reached an all-time high of 64,5 %, but remained well below that for men, which stood at 75,6 %; whereas, deplorably, women are four times more likely than men to engage in and remain in part-time work, often involuntarily; whereas many young people remain poor despite working, especially in Greece, Spain, Croatia, Italy, Cyprus, Portugal and Slovakia;

E.   whereas the female unemployment rate is underestimated, since many women are not registered as unemployed, particularly those who live in rural or remote areas, those who help out in family businesses and many of those who devote themselves exclusively to household tasks and childcare; whereas this situation also creates a disparity in terms of access to public services (benefits, pensions, maternity leave, sick leave, access to social security, etc.);

F.   whereas Eurofound’s report on the gender employment gap estimates that the gender employment gap is costing the EU around EUR 370 billion per year, or 2,8 % of EU GDP(32) ;

G.   whereas, in those countries affected by the economic crisis and budget cuts, women have been disproportionately affected, particularly young women, elderly women, single mothers and women suffering from multiple discrimination, and whereas this has led them into poverty and social marginalisation by increasingly excluding them from the labour market; whereas cutbacks in public care and health services leads to a transfer of the responsibility for care from society back to households, mostly affecting women;

H.   whereas the feminisation of poverty persists in the EU, and whereas the very high proportions of unemployment, poverty and social exclusion among women are closely linked to budget cuts to public services, such as healthcare, education, social services and welfare benefits; whereas these policies lead to greater job instability, particularly because of the increase in involuntary part-time work and temporary contracts;

I.   whereas in 2015 three quarters of household chores and two thirds of parental care tasks were performed by working women, who therefore overwhelmingly bore a double burden of responsibilities; whereas women in general take overwhelmingly greater responsibility for parental care tasks and household chores; whereas traditional gender roles and stereotypes continue to have a strong influence on role distribution between women and men in the home, in the workplace and in society in general; whereas such a traditional division of responsibilities tends to perpetuate the status quo, limiting the employment opportunities and personal development of women and leaving them with little time for social and community inclusion or economic participation; whereas an equal sharing of ‘unpaid work’, such as care provision and domestic responsibilities between women and men, is a precondition for women’s economic independence in the long term;

J.   whereas certain family-related types of leave still continue to be grounds for discrimination and stigmatisation for both women and men, despite the existing policy framework and legislation at EU and national level, and whereas this particularly affects women as the main carers using family-related leave;

K.   whereas close to a quarter of EU Member States have no statutory provisions for paternity leave, and whereas a number of those that do have such provisions allow men to take leave for only one, two or several days; whereas in eight Member States parental leave is not accompanied by any pay, while the average take-up of parental leave by fathers is poor, with only 10 % of fathers taking at least one day of leave and 97 % of women using the parental leave that is available for both parents; whereas the promotion of a greater uptake of parental leave and paternity leave is essential to achieving gender equality; whereas the Eurofound study(33) illustrated aspects that influence fathers’ take-up rate of parental leave, namely: the level of compensation, the flexibility of the leave system, the availability of information, the availability and flexibility of childcare facilities and the fear of exclusion from the labour market due to taking leave;

L.   whereas one precondition for women’s active inclusion in the labour market is the availability of quality accessible and affordable care facilities and services for children, elderly relatives and other dependent family members; whereas the Barcelona objectives are an excellent tool for achieving real gender equality, and whereas all Member States must set out to achieve them as soon as possible; whereas as a result of a lack of high-quality childcare facilities and services at affordable prices, mothers are increasingly forced to choose between working part-time and giving up their jobs to take care of their children, with repercussions on the family income and pension savings;

M.   whereas access to training and the fundamental human right to education of girls and women are important European values and essential elements for the empowerment of girls and women on the social, cultural and professional levels, as well as for the full enjoyment of all other social, economic, cultural and political rights and subsequently the prevention of violence against women and girls; whereas free, compulsory universal education is a sine qua non for guaranteeing equal opportunities for all, as it should be available to all children, without any discrimination and regardless of their residence status; whereas the fight against gender inequality starts at pre-school age and requires the constant pedagogical supervision of curricula, development aims and learning outcomes;

N.   whereas gender equality is the responsibility of all individuals in society and requires the active contribution of both women and men; whereas authorities should commit to the development of education campaigns directed at men and younger generations, with the aim of involving men and boys as partners, gradually preventing and eliminating all forms of gender-based violence and promoting or empowering women;

O.   whereas, despite the fact that women attain on average a higher level of education than men, the EU-average gender pay gap remained at 16,1 % in 2014, though there are significant differences between the Member States;

P.   whereas horizontal and vertical gender segregation in employment is still a prevalent phenomenon, caused among other aspect by the fact that less value is attributed to jobs considered ‘feminine’ than to those considered ‘masculine’, by the persistent glass ceilings, which prevent women from reaching the highest and best-paid positions and by the over-representation of women in part-time work, which is less well paid than full-time work; whereas, although women match or even outnumber men at graduate levels, the impact of gender stereotypes on education, training and decisions made by students at school can influence choices throughout their lives and subsequently has significant implications for the labour market; whereas stereotypes widely conveyed by society relating to the incompatibility of women having children and full-time employment leave women in a disadvantaged position and may deter young women from proceeding with higher education or making career investments;

Q.   whereas Eurofound’s Working Condition Survey composite indicator of paid and unpaid working time shows that, overall, women’s working hours are longer when the paid and unpaid working hours are computed(34) ;

R.   whereas in sectors relating to, but not limited to, goods, services or agriculture, there is uneven access to economic and financial resources such as assets, capital, productive resources and credit between men and women;

S.   whereas the pension gap still persists in the EU and stood at an overwhelming 40,2 % in 2014; whereas it is the result of disadvantages accrued by women over time, such as lack of access to the many financial resources, such as benefits and pension systems, that come with full-time employment, and for which many women are ineligible as they tend to stay in part-time employment or face job discontinuity due to care responsibilities;

T.   whereas some Member States in the EU maintain the practice of non-individualisation of tax and social security systems; whereas this situation may make women dependent on their spouses, as they may have been granted only derived rights through their relationship to men;

U.   whereas in the past decade the overall proportion of women in national/federal parliaments has increased by only around 6 %, reaching 29 % in 2015;

V.   whereas in 2015 only 6,5 % of presidents and 4,3 % of CEOs in the largest publicly listed companies on the stock exchange were women;

W.   whereas, despite the EU’s commitment to gender equality in decision-making, the management boards of EU agencies are seriously lacking in gender balance, and show persisting patterns of gender segregation, whereby on average 71 % of management-board members are men, and only one in three management boards are chaired by a woman, and out of 42 Executive Directors in EU Agencies, only 6 are women;

X.   whereas more than half of female murder victims are killed by an intimate partner, relative or family member(35) ; whereas 33 % of women in the EU have experienced physical and or sexual violence and 55 % have been sexually harassed, 32 % in the workplace; whereas women are particularly vulnerable to sexual, physical and online violence, cyber bullying and stalking;

Y.   whereas violence against women is one of the world’s most widespread human rights violations, affecting all levels of society, regardless of age, education, income, social position and country of origin or residence, and representing a major hindrance to equality between women and men; whereas the phenomenon of femicide is not decreasing in Member States;

Z.   whereas population surveys on attitudes to violence against women show a worrying prevalence of the tendency to blame the victim, which might be one of the effects of patriarchy; whereas strong condemnation of such behaviour by public authorities and other institutions is often missing;

AA.   whereas digital modes of communication have contributed to the prevalence of hate speech and threats against women, with 18 % of women in Europe having suffered some form of online harassment since adolescence and nine million victims of online violence in Europe; whereas there is a lack of responsiveness by the justice system towards violence against women online; whereas abusers and haters are very rarely reported, investigated, prosecuted and sentenced;

AB.   whereas 23 % of lesbian women and 35 % of transgender persons had been physically/sexually attacked or threatened with violence at home or elsewhere (in the street, on public transport, at the workplace, etc.) at least once in the last five years;

AC.   whereas the EU LGBT survey found that lesbian, bisexual and transgender women face a huge risk of discrimination on the basis of their sexual orientation or gender identity; whereas gender-based discrimination intersects with other discrimination on grounds of race and ethnicity, religion, disability, health, gender identity, sexual orientation and/or socio-economic conditions;

AD.   whereas conditions are worsening for certain groups of women who frequently face an accumulation of multiple difficulties and risks and high levels of discrimination;

AE.   whereas in 2015 the EU experienced an unprecedented increase in the number of refugees and asylum seekers on its territory; whereas, according to the UNHCR, women and children represented more than the half of these refugees and asylum seekers, and whereas instances of violence and abuse, including sexual violence, against refugee women and children, have been reported throughout their journey, including in overcrowded reception centres in the EU;

AF.   whereas women and girls make up 80 % of registered victims of trafficking in human beings(36) ; whereas identifying victims remains a challenge, and whereas victim support and protection needs to be reinforced and all counter-trafficking efforts must contain a gender-sensitive aspect;

AG.   whereas one of the main aims of human trafficking is sexual exploitation, and whereas the women who fall victim to it are forced to live a life of imprisonment and tyranny through daily violence, both physical and psychological in nature;

AH.   whereas sexual and reproductive health and rights are fundamental human rights and an essential element of gender equality and self-determination, and whereas they should be included in the EU Health Strategy;

AI.   whereas women’s health should never be put at risk because of conscientious objection or personal beliefs;

AJ.   whereas application of EU gender equality law in the Member States has been found to carry specific problems related to the transposition and application of the relevant directives, such as substantive deficiencies in legislation and its inconsistent application by national courts, but importantly also a general lack of awareness about equality principles and law(37) ;

AK.   whereas EU gender equality directives in particular are not properly implemented in a number of Member States which do not protect transgender people against discrimination in the areas of access to employment and access to goods and services;

AL.   whereas institutional mechanisms for gender equality are often marginalised in national governmental structures, split into different policy areas, hampered by complex and expanding mandates, lacking adequate staff, training, data and sufficient resources, and experience insufficient support from political leadership(38) ;

AM.   whereas the persistent problem of a lack of comprehensive, reliable, gender-disaggregated data creates ambiguities and distorts the picture of the situation of gender equality, in particular in terms of violence against women and gender-based violence; whereas collecting such data would not only provide a clear picture of the situation, but would also draw attention to issues of immediate concern;

AN.   whereas social partners have a key role to play in achieving equality targets because of their critical role in shaping labour market and social conditions through their involvement in policymaking and collective bargaining at various levels, although it is clear that the specific role they play in different countries and industrial relations systems depends strongly on national traditions and organisational strength(39) ;

AO.   whereas, as the 2016 Eurobarometer suggests, 55 % of Europeans would like the EU to intervene more in the area of equal treatment between men and women; whereas the Commission’s obligation to achieve gender equality in accordance with the Treaties is independent of polls;

1.   Is deeply concerned that the EU remains only halfway towards achieving gender equality, according to the 2015 EIGE Gender Equality Index; strongly regrets the fact that the status and profile of gender equality and the combating of gender discrimination shows signs of decreasing in importance, being marginalised as a political goal and undermined as a policy area, in particular in the context of a backlash across Europe against the rights of women, LGBTI persons and sexual and reproductive health rights and deems it necessary to consider the reasons behind this trend and to review the current strategies, tools and approaches promoted in the area of gender equality;

2.   Points out that the EU is obliged to combat social exclusion and discrimination under the TEU and that the Treaty on the Functioning of the European Union (TFEU) enshrines the EU’s commitment to eliminating inequality and promoting equality between men and women; stresses that the principle of gender equality does not preclude the maintenance or adoption of measures which provide concrete benefits for the under-represented gender, as laid down in Article 23 of the Charter of Fundamental Rights;

3.   Calls on the Commission to mainstream gender equality into budgets and policy-making, and into the implementation of EU measures and programmes, and to carry out gender impact assessments when setting up any new policy to help ensure a more coherent and evidence-based EU policy response to gender equality challenges; calls on the Member States to undertake corresponding measures at the national level;

4.   Asks the Commission for a greater assessment of and measures to address and take steps to stop the impact of those public spending cuts which are having negative effects on women’s rights and gender equality in the Member States;

5.   Regrets the absence of gender mainstreaming in the Europe 2020 strategy, and calls for the inclusion of overall and stronger gender mainstreaming therein, addressing the structural causes of female poverty, in particular in the framework of formulating the country-specific recommendations in the context of the European semester, and for specific policy guidance on reducing gender inequalities to be included in the annual growth survey;

6.   Notes the intersectionality between gender and other grounds for discrimination and the disproportionate impact of multiple discrimination on women; maintains that poverty among women, in particular among older women, single mothers, women victims of gender-based violence, women with disabilities, migrant women, women refugees and asylum seekers, and women from minorities, needs to be tackled as a matter of urgency; encourages the Member States to work with regional and local authorities, law enforcement bodies, national equality bodies and civil society organisations to increase monitoring of the intersectionality between gender and different grounds for discrimination, and to implement more effective inclusion strategies by making efficient use of social policy resources, not least the European Social Fund and the Structural Funds;

7.   Supports the Council’s call for a new Commission initiative setting out a strategy for gender equality 2016-2020, inclusive of transgender and intersex people, and for the status of its strategic engagement on gender equality to be enhanced, which should be closely linked to the Europe 2020 strategy and take into account the United Nations 2030 Agenda for Sustainable Development;

8.   Calls on the Commission and the Member States to strengthen policies and increase investment supporting female employment in quality jobs across all sectors and to take steps to combat precarious forms of work;

9.   Encourages the Member States to promote initiatives, measures and actions to assist and advise women who decide to become entrepreneurs;

10.   Calls on the Commission to bring together a gender perspective with macro-economic policy and to impose innovative measures in order to improve equal work opportunities and care responsibilities for both genders;

11.   Notes that equal participation by women and men in the labour market and better and fairer wages for women would not only increase the economic independence of women, but also significantly increase the economic potential of the EU, while consolidating its fair and inclusive nature; points out that, according to OECD projections, total convergence in participation rates would result in a 12,4 % increase in per capita GDP by 2030;

12.   Calls on the Commission and the Member States to monitor and take action against violations of the rights of workers, especially female workers, who increasingly work in low-paid jobs and are the victims of discrimination, as well as to adopt policies and take measures to identify, protect against, provide information about and tackle the phenomenon of mobbing in the workplace, including the harassment of pregnant employees or any disadvantage experienced after returning from maternity leave or when applying for jobs; calls on the Commission and the Member States to provide both gender and parenthood disaggregated data regarding pay and pension gaps;

13.   Emphasises that education is an important tool for enabling women to participate fully in social and economic development; stresses that lifelong learning measures are key to providing women with skills that can enable them to return to employment or improve their employment, income and working conditions; calls on the Commission to promote initiatives offering support in implementing professional education programmes for women, encouraging them to attend higher education in the fields of science, technology and IT, developing training programmes on gender equality for education professionals, and preventing stereotypes from being passed on through curricula and pedagogical material; calls on universities and research institutions to adopt gender equality policies, by following the guidelines developed by EIGE, in cooperation with the Commission (‘GEAR tool – Gender Equality in Academia and Research’);

14.   Calls on all Member States to tackle the gender equality issue, sexism and gender stereotypes in their education systems at all levels and to ensure that the goals of their education systems include education in the respect for fundamental rights and freedoms and in equal rights and opportunities for women and men, and that their quality principles include elimination of the obstacles to genuine equality between women and men and the promotion of full equality between them;

15.   Calls on the Commission, in close coordination with the Member States, to put forward, an ambitious, comprehensive package of legislative and non-legislative measures regarding work-life balance as part of the Commission Work Programme 2017, taking into account the announced European pillar of social rights, and including the revision of existing Maternity Leave Directive 92/85/EEC and Parental Leave Directive 2010/18/EU as well as the proposals for directives on paternity leave and carer’s leave, encouraging the equal take-up of leave arrangements by men and women across all categories of workers;

16.   Notes with appreciation that in 2014-2015 a number of Member States changed their policy and/or legislation on parental leave, introducing the non-transferability of the right to take the leave, the mandatory nature of paternity leave, longer paternity leave and/or bonuses if leave is shared between parents or equally shared between parents, which strengthens their rights as parents, ensures a greater degree of equality between women and men and a more appropriate distribution of care and domestic responsibilities, and enhances women’s opportunities for participating fully in the labour market; calls on the Commission and the Member States to take measures to encourage men to share equally in domestic responsibilities and in caring for children and other dependants;

17.   Invites Eurofound to develop further its activities in monitoring employment quality and working life through its European Working Conditions Survey, based on its concept of job quality as comprising earning, prospects, working-time quality, skills use and discretion, social environment, physical risk and work intensity; invites Eurofound furthermore to develop its research on those policies, social partner agreements and companies’ practices which are supportive of a better work-life balance, as well as to develop its research on how dual worker households manage their working time arrangements and how best to support them;

18.   Calls on the Member States that have not yet done so to move towards the individualisation of rights in social equity policy, particularly in tax systems, in order to eliminate financial incentives for the spouse earning less to withdraw from the labour market or to work part-time;

19.   Congratulates the Member States which have achieved both Barcelona objectives; encourages Portugal, the Netherlands, Luxembourg, Finland, Italy, Malta and Estonia to achieve the other target, and calls on Poland, Croatia and Romania, where both targets remain far from being achieved, to step up their efforts in providing formal child care in order to contribute to striking a better balance between the private and professional lives of workers; points out that current findings strongly indicate that investing in care for children and the elderly will improve the participation of women in the full-time workforce and allow them to enjoy greater local and social inclusion;

20.   Reasserts its call on the Commission and the Member States to strive towards establishing a Child Guarantee, which would ensure that every European child at risk of poverty has access to free healthcare, free education, free childcare, decent housing and adequate nutrition; emphasises that such a policy must address the situation of women and girls, particularly in vulnerable and marginalised communities; notes that the Youth Guarantee Initiative must include a gender perspective;

21.   Regrets the persistence of the gender pay gap and gender pension gap, and urges the Commission, the Member States and social partners to take urgent action to close the gap;

22.   Observes that the first step in combating the gender pay gap is the establishment of transparency on pay levels and notes with enthusiasm that a number of companies have instituted the practice of analysing and publishing the difference in pay between their male and female employees; invites all employers and trade union movements to draft and implement operative, specific job evaluation tools to help determine equal pay for equal work and work of equal value; invites the Member States furthermore to carry out salary- and wage-mapping on a regular basis, to publish the data and to ask companies to introduce internal mechanisms for the detection of pay gaps;

23.   Welcomes the fact that the Commission considers ‘equal pay for equal work or work of equal value’ to be one of the key areas for action; and calls in this context for the recast of the 2006 Equal Treatment Directive;

24.   Condemns the fact that in more than half of the Member States the gender pension gap has increased; encourages Cyprus, Germany and the Netherlands to reduce the difference between male and female pensions, which is almost 50 %; calls on Malta, Spain, Belgium, Ireland, Greece, Italy and Austria to close the gender gap in pension coverage, as between 11 % and 36 % of women in those countries have no access to a pension;

25.   Congratulates the Government of Sweden on achieving parity in representation in terms of gender, and Slovenia and France on achieving virtual parity, and encourages Hungary, Slovakia and Greece, which have formed governments without any women,(40) to ensure that women are sufficiently represented at all levels of political and economic decision-making; calls on the Member States to guarantee gender parity in high-level positions in their governments, public institutions and bodies, and on electoral lists, in order to ensure that there is equal representation in local councils and in regional and national parliaments, as well as in the European Parliament; stresses that various studies have shown that appropriate legislative measures could result in rapid changes to the gender balance in the political sphere; shares the Commission’s opinion that, if they are to be effective, quotas should be accompanied by legislation concerning the order of candidate lists and appropriate sanctions in the event of violation;

26.   Emphasises that the clear under-representation of women in elected and nominated political positions at EU and Member State level is a democratic deficit that undermines the legitimacy of decision-making at both EU and national level;

27.   Calls for the EU institutions to do everything in their power to guarantee gender equality in the College of Commissioners and in high-level positions in all EU institutions, agencies, institutes and bodies;

28.   Observes with concern that in 2015 the majority of countries remained below the EU average as regards the level of female representation on boards of large listed companies in comparison with 2010; appreciates, however, the overall trend of progress, in particular in France, Italy, the United Kingdom, Belgium and Denmark;

29.   Reiterates its call on the Council for a swift adoption of the directive on gender balance among non-executive directors of listed companies (women on boards directive), as an important first step towards equal representation in the public and private sectors; notes that progress is most tangible (from 11,9 % in 2010 to 22,7 % in 2015) in Member States in which binding legislation on quotas for boards has been adopted(41) ;

30.   Deplores the fact that only one Member State has achieved gender parity in top higher education establishment posts, while welcoming the fact that female representation in said positions has generally improved;

31.   Urges the Member States to prevent and respond to all types of violence against women and gender-based violence and to put in place further prevention strategies, to make specialised support and protection services widely available so that all victims can access them, and to focus special attention on gender-specific aspects of victims’ rights, including when related to a victim’s gender identity and gender expression, when reporting on the implementation of the Victims’ Rights Directive in 2017; calls on the Council to activate the ‘passerelle clause’ by adopting a unanimous decision adding gender-based violence to the areas of crime listed in Article 83(1) TFEU; calls on the Commission to launch a European register of European protection orders to complement EU legislation on victim protection;

32.   Strongly reiterates that gender-based forms of violence and discrimination, including, but not limited to, rape and sexual violence, sexual harassment, female genital mutilation, arranged marriages, and domestic violence, grossly undermine human dignity; calls on the Commission and the Member States to introduce zero-tolerance policies in relation to all forms of violence, including domestic violence, where victims are reluctant to report violence because it is inflicted by partners or members of their own family; urges Member States to give visibility to the situation of women with disabilities as victims of domestic violence, who often cannot escape from the abusive relationship;

33.   Welcomes the progress of the Member States in signing the Istanbul Convention, the first legally binding instrument on preventing and combating violence against women at international level; and urges those 14 Member States that have not yet ratified it to do so without delay; welcomes the Commission’s proposal from March 2016 on the EU’s accession to the Istanbul Convention; calls on the Council and the Commission to speed up negotiations on signing and concluding the Istanbul Convention and supports its accession without reservation and on a broad basis; calls, in addition, on the Commission to include a definition of gender-based violence in line with the provisions of Directive 2012/29/EU and to present as soon as possible, a comprehensive European strategy for preventing and combating gender-based violence, which should contain a binding legislative act;

34.   Commends the practice of Eurostat and national judicial authorities and police in cooperating in data exchanges in order to shed light on the deplorable practice of gender-based violence in the EU, and invites them to make this a continuous practice by monitoring, in cooperation with EIGE, the occurrence of crime committed against women on an annual basis;

35.   Underlines the close links between stereotypes and the markedly growing number of harassment cases against women and sexism on the internet and on social media, which also bring about new forms of violence against women and girls, such as cyber-bullying, cyber-harassment, the use of degrading images online and the distribution on social media of private photos and videos without the consent of the people involved; highlights the need to fight these from an early age; underlines that such situations may emerge from a lack of protection from public authorities and other institutions, which are supposed to create a gender-neutral environment and denounce sexism;

36.   Urges the Commission and the Member States to put in place all legal and juridical measures to fight against the phenomenon of violence against women online; in particular calls for the EU and the Member States to combine forces through a comprehensive European strategy for preventing and combating gender-based violence with a view to creating a framework recognising the new forms of online violence as a criminal offence, and putting in place psychological support for women and girls who are the victims of violence online; calls for a gender impact assessment of the EU Cybersecurity Strategy and the European Cybercrime Centre (Europol) in order for these issues to be included and for a gender perspective to be adopted in their work;

37.   Calls, once again, on the Commission to set up a European monitoring centre on gender violence (along the lines of the current European Institute for Gender Equality), to be led by a European coordinator for the prevention of violence against women and girls;

38.   Calls on the Commission and the Member States to include measures to protect women and LGBTI people against harassment in the workplace; calls on the Commission to revise the current EU Framework Decision on combating certain forms and expressions of racism and xenophobia by means of criminal law(42) , in order to include sexism, bias crime and incitement to hatred on grounds of sexual orientation, gender identity and sex characteristics;

39.   Condemns the fact that genital ‘normalisation’ surgery still takes place on intersex infants in most EU countries, despite not being medically necessary; urges the Member States to avoid such medical treatments without the free and informed consent of the person concerned;

40.   Notes that in Malta and Greece intersex people are protected against discrimination on the grounds of sex characteristics; calls on Member States to include the grounds of gender identity and sex characteristics within their gender equality legislation when implementing EU gender equality directives;

41.   Highlights that gendered forms of violence and discrimination, including, but not limited to, rape and sexual violence, female genital mutilation (FGM), forced marriage, domestic violence, so-called honour crimes and state-sanctioned gender discrimination, constitute persecution and should be considered as valid reasons for seeking asylum in the EU; supports the creation of safe and legal entry channels to the EU; recalls that women and girls are particularly vulnerable to exploitation by smugglers;

42.   Repeats its calls on the Member States to put an immediate end to the detention of children, pregnant and nursing women and survivors of rape, sexual violence and trafficking, and for appropriate psychological and health support to be made available, provided by gender-appropriate professionals such as psychologists, social workers, nurses and doctors who have been suitably trained for such emergencies; recalls that timely support for refugee victims of violence based on gender or (perceived) sexual orientation or gender identity should be provided at all stages of the migration process, including immediate relocation in case their safety cannot be guaranteed, quality mental health support and immediate gender identity recognition for the duration of asylum procedures as a violence-prevention measure;

43.   Reiterates that the gender dimension of preventing and combating trafficking in human beings, which is now one of the most profitable activities of organised crime, must be consistently monitored in the implementation of EU anti-trafficking legislation, and repeats its call on the Commission to continue to monitor this in its assessment of Member States’ compliance with and implementation of the directive, while ensuring that the reporting obligations and timetable as outlined in the directive are met;

44.   Calls on the Commission to offer both financial and logistical support to Member States involved in combating human trafficking, in particular Italy and Greece, which, in the wake of the current migrant crisis, have found themselves on the front line in tackling this emergency;

45.   Calls for efforts at national and EU level to combat the persistence of stereotypes and gender-based discrimination to be stepped up, through awareness-raising campaigns which focus on the non-stereotypical portrayal of women and girls and men and boys and are targeted at all levels of society; calls on the Member States to take positive initiatives such as strategies to encourage women to choose careers and professions in which women are under-represented and men to take on a fair share of family and domestic tasks or increasing understanding among men about how violence, including trafficking for the purposes of commercialised sexual exploitation, forced marriages and forced labour, harms women, men and children and undermines gender equality, as well as taking measures to reduce the demand for trafficked women and children through information campaigns;

46.   Reiterates that women must have control over their sexual and reproductive health and rights; calls on all the Member States to guarantee ready access for women to voluntary family planning and the full range of reproductive and sexual health services, including contraception and safe and legal abortion; calls on the Member States and the Commission to undertake public awareness actions with the objective of making men and women fully aware of their rights and responsibilities when it comes to sexual and reproductive matters;

47.   Highlights the rising trend of the excessive use of conscientious objection clauses, resulting in hindered access to sexual and reproductive health services; calls on the Member States to ensure that conscientious objection clauses do not prevent patients from accessing lawful medical healthcare;

48.   Considers that the denial of life-saving sexual and reproductive health services, including safe abortion, amounts to a grave breach of fundamental human rights;

49.   Stresses the importance of active prevention, education and information policies for teenagers, young people and adults to ensure that EU citizens benefit from good sexual and reproductive health and avoid sexually transmitted diseases and unwanted pregnancies;

50.   Encourages the competent authorities in the Member States to promote gender equality in their comprehensive sex and relationship education programmes, including teaching girls and boys about relationships based on consent, respect and reciprocity, as well as in sport and leisure activities, where stereotypes and expectations based on gender can affect the self-image, health, acquisition of skills, intellectual development, social integration and identity formation of girls and boys;

51.   Underlines the importance of encouraging men to participate fully in all actions towards achieving gender equality and of identifying all contexts in which a large number of men can be reached, particularly in male-dominated institutions, industries and associations, of sensitising men to their roles and responsibilities in the promotion of gender equality and of supporting the principle of shared power and responsibility between women and men in the workplace, in communities, in the private sphere and in the wider national and international communities;

52.   Calls on the Member States to monitor those instances where the media and advertising industry promote the sexualisation and commodification of women and frequently portray female stereotypes of youth, beauty and sexual allure as a model of social success; calls on the Commission to take legal action in cases of violation of the Audiovisual Media Services Directive by a Member State and to promote good practices in public and private media enterprises through incentives; urges the media and the advertising industry to respect the dignity of women and to ensure that their portrayal is free from stereotypes and discrimination and in line with existing female diversity; calls, furthermore, on the media and the advertising industry to devote attention to healthy lifestyles, different family models and styles of living;

53.   Recalls the commitments agreed by the EU in the EU-CELAC (Community of Latin American and Caribbean States) 2013 and 2015 Action Plans regarding the eradication of violence against women, and expresses its concern about the lack of implementation of chapter 7 thereof on the promotion of gender equality; calls on the Member States and the European External Action Service to cooperate and allocate economic and institutional resources to assure the fulfilment of the recommendations on the promotion of gender equality agreed in the action plans, especially regarding the eradication of all forms of violence, in accordance with the Belem de Pará Convention, the Istanbul Convention and CEDAW Convention;

54.   Underlines that, according to research, the impact of climate change has been shown to be greater for women than men, with women more likely to bear the greater burden in situations of poverty; believes that women must actively participate in climate policy and action;

55.   Calls on the Commission to come forward with a proposal for an overarching Sustainable Development Strategy encompassing all relevant internal and external policy areas and to develop effective monitoring, review and accountability mechanisms for the implementation of the 2030 Agenda, including for its targets and indicators on gender equality, women’s rights and the empowerment of women;

56.   Calls on the Commission to monitor the implementation of existing EU gender equality legislation in the Member States more effectively, while highlighting the necessity of initiating infringement procedures in cases of failure to implement the relevant legislation;

57.   Regrets that, despite the interinstitutional declaration on ensuring gender mainstreaming annexed to the multiannual financial framework (MFF), no measures concerning gender budgeting have so far been taken; underlines, in this connection, the need to monitor closely how the principles of the joint declaration have been implemented as regards annual budgetary procedures, and calls for the committee responsible to be given a formal role in the MFF revision process;

58.   Calls on the Member State governments to ensure the existence and permanence of and appropriate resources for the bodies tasked with designing, coordinating and implementing policies for gender equality, as a major indicator of the governments’ commitment to promoting gender equality;

59.   Calls for the EU institutions to introduce specific indicators on gender equality, including the EIGE Gender Equality Index, in the monitoring system of the future EU mechanism on democracy, the rule of law and fundamental rights;

60.   Calls on the Commission to develop a broader equality strategy, including a horizontal directive to tackle discrimination, with a view to eliminating gender-based discrimination in all its forms; urges the Council, to that effect, to reach a common position as soon as possible on the proposal for a Council directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age, gender or sexual orientation (COM(2008)0426 ), which has been blocked since Parliament adopted its position thereon on 2 April 2009(43) ; calls on the Council, once again, to include gender as a factor of discrimination;

61.   Instructs its President to forward this resolution to the Council, the Commission and the governments of the Member States.

(1) OJ L 315, 14.11.2012, p. 57.
(2) OJ L 101, 15.4.2011, p. 1.
(3) OJ C 70 E, 8.3.2012, p. 162.
(4) OJ L 204, 26.7.2006, p. 23.
(5) OJ L 373, 21.12.2004, p. 37.
(6) OJ L 353, 28.12.2013, p. 7.
(7) OJ L 180, 15.7.2010, p. 1.
(8) OJ L 68, 18.3.2010, p. 13.
(9) OJ L 348, 28.11.1992, p. 1.
(10) OJ L 359, 19.12.1986, p. 56.
(11) OJ L 6, 10.1.1979, p. 24.
(12) OJ C 341 E, 16.12.2010, p. 35.
(13) OJ C 199 E, 7.7.2012, p. 65.
(14) OJ C 251 E, 31.8.2013, p. 1.
(15) OJ C 316, 30.8.2016, p. 2.
(16) Texts adopted, P7_TA(2014)0105 .
(17) Texts adopted, P8_TA(2016)0042 .
(18) OJ C 407, 4.11.2016, p. 2.
(19) Texts adopted, P7_TA(2014)0126 .
(20) Texts adopted, P8_TA(2015)0312 .
(21) Texts adopted, P8_TA(2016)0073 .
(22) Texts adopted, P8_TA(2016)0203 .
(23) Texts adopted, P8_TA(2016)0235 .
(24) Texts adopted, P8_TA(2016)0338 .
(25) Texts adopted, P8_TA(2016)0360 .
(26) Texts adopted, P8_TA(2016)0072 .
(27) Texts adopted, P8_TA(2016)0227 .
(28) ISBN 978‑92‑79‑29898‑1.
(29) OJ L 59, 2.3.2013, p. 5.
(30) http://www.un.org/womenwatch/daw/csw/csw48/ac-men-auv.pdf
(31) ISBN 978‑92‑79‑36171‑5.
(32) Eurofound report (2016): ‘The gender employment gap: challenges and solutions’.
(33) Eurofound report (2015): ‘Promoting uptake of parental and paternity leave among fathers in the European Union’.
(34) Eurofound (2015): ‘First findings: Sixth European Working Conditions Survey’.
(35) http://ec.europa.eu/eurostat/web/crime/database
(36) Eurostat report, ‘Trafficking in human beings’, 2015 edition.
(37) The European network of legal experts in gender equality and non-discrimination: ‘A comparative analysis of gender equality law in Europe 2015’.
(38) EIGE (2014): ‘Effectiveness of institutional mechanisms for the advancement of gender equality. Review of the implementation of the Beijing Platform for Action in the EU Member States’.
(39) Eurofound report (2014): ‘Social partners and gender equality in Europe’.
(40) Developments taking place in 2014 and 2015.
(41) European Commission Factsheet ‘Gender balance on corporate boards – Europe is cracking the glass ceiling’, October 2015; European Commission, DG JUST, ‘Women in economic decision-making in the EU: Progress report: A Europe 2020 initiative’, 2012; Aagoth Storvik and Mari Teigen, ‘Women on Board: The Norwegian Experience’, June 2010.
(42) OJ L 328, 6.12.2008, p. 55.
(43) OJ C 137 E, 27.5.2010, p. 68.


Equal treatment between men and women in the access to and supply of goods and services
PDF 195k   DOC 57k
European Parliament resolution of 14 March 2017 on the application of Council Directive 2004/113/EC implementing the principle of equal treatment between men and women in the access to and supply of goods and services (2016/2012(INI) )
P8_TA(2017)0074 A8-0043/2017

The European Parliament,

–   having regard to Articles 19(1) and 260 of the Treaty on the Functioning of the European Union (TFEU),

–   having regard to Protocol No 1 on the role of national parliaments in the European Union,

–   having regard to Protocol No 2 on the application of the principles of subsidiarity and proportionality,

–   having regard to Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services(1) ,

–   having regard to the Commission report on the application of Council Directive 2004/113/EC implementing the principle of equal treatment between men and women in the access to and supply of goods and services (COM(2015)0190 ),

–   having regard to the Commission guidelines of 22 December 2011 on the application of Council Directive 2004/113/EC to insurance, in the light of the judgment of the Court of Justice of the European Union in Case C-236/09 (Test-Achats )(2) ,

–   having regard to the judgment of the Court of Justice of the European Union of 1 March 2011 in Case C-236/09 (Test-Achats )(3) ,

–   having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention), and Article 3 thereof defining ‘gender’ as ‘the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men’,

–   having regard to the Commission communication entitled ‘A European agenda for the collaborative economy’ (COM(2016)0356 ),

–   having regard to the European Implementation Assessment on Gender Equal Access to Goods and Services – Directive 2004/113/EC of January 2017 carried out by the European Parliamentary Research Service(4) ,

–   having regard to the Equinet Report of November 2014 entitled ‘Equality Bodies and the Gender Goods and Services Directive’,

–   having regard to the report of the European Network of Legal Experts in the Field of Gender Equality of 2014 entitled ‘Gender Equality Law in 33 European Countries: How are EU rules transposed into national law?’,

–   having regard to the report of the European Network of Legal Experts in the Field of Gender Equality of July 2009 entitled ‘Sex Discrimination in the Access to and Supply of Goods and Services and the Transposition of Directive 2004/113/EC’,

–   having regard to the Court of Justice ruling in case C-13/94 that the right not to be discriminated against on grounds of sex may include discrimination arising from the gender reassignment of a person(5) as well as to the EU Fundamental Rights Agency’s LGBTI survey of 2014 and its report entitled ‘Professionally speaking: challenges to achieving equality for LGBT people’, all in the area of goods and services,

–   having regard to the Commission proposal for a Council directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation (COM(2008)0426 ) and Parliament’s position of 2 April 2009 thereon(6) ,

–   having regard to its resolution of 19 January 2016 on external factors that represent hurdles to European female entrepreneurship(7) ,

–   having regard to Rule 52 of its Rules of Procedure,

–   having regard to the report of the Committee on Women’s Rights and Gender Equality and the opinions of the Committee on Transport and Tourism and the Committee on Legal Affairs (A8-0043/2017 ),

A.   whereas combating gender discrimination, both direct and indirect, in the field of goods and services is an integral part of the principle of equality between women and men, which constitutes a fundamental value of the European Union, and whereas both the Treaties and the Charter of Fundamental Rights prohibit any discrimination on grounds of sex and require equality between women and men to be ensured in all areas and in all EU Member States;

B.   whereas Directive 2004/113/EC (hereinafter ‘the Directive’) extends the principle of equal treatment of men and women beyond the realm of employment and the labour market and into the field of access to and supply of goods and services;

C.   whereas the Directive prohibits both direct and indirect discrimination based on sex in the access to and supply of goods and services which are available to the public, in both the public and private sectors;

D.   whereas the Directive is applicable to all goods and services provided against remuneration, within the meaning of Article 57 TFEU and according to the relevant case-law of the Court of Justice of the European Union (CJEU); whereas remuneration must not necessarily be provided by those for whom the service is performed and it can be provided in a form of an indirect payment which does not necessarily involve the service recipient;

E.   whereas the media and advertising sectors, education-related services and the services that are provided for within the private sphere are excluded from the scope of the Directive; whereas the Member States have the legislative competence to safeguard the equal treatment of women and men in other areas, and whereas in some cases national legislation goes further than required by the Directive by covering discrimination between men and women in media, advertising and education;

F.   whereas the Directive has been transposed into national law in all 28 Member States; whereas, according to the Commission report, in 2015 intensive dialogue on the sufficient implementation of the Directive was still taking place with six Member States;

G.   whereas in the Test-Achats ruling the CJEU concluded that Article 5(2) of the Directive works against the achievement of the objective of equal treatment between men and women; whereas that provision was considered to be invalid with effect from 21 December 2012 and as a result unisex premiums and benefits are mandatory in all Member States;

H.   whereas the key problematic areas in the implementation of the Directive include an overly restrictive understanding of the notion of goods and services, broad and sometimes unclear justifications of unequal treatment on the basis of Article 4(5) and insufficient protection of women on grounds of maternity and pregnancy;

I.   whereas in prohibiting discrimination it is important to respect other fundamental rights and freedoms, including the protection of private life and transactions carried out in that context and the freedom of religion;

J.   whereas the Equal Treatment Directive proposed in 2008 would extend protection from discrimination on grounds of religion or belief, age, disability and sexual orientation beyond the labour market to social protection, including social security and healthcare, social advantages, education, and access to and supply of goods and services; whereas the Council so far has not adopted its position on this proposal for a directive;

K.   whereas, while the recent Commission communication entitled ‘European agenda for the collaborative economy’ represents a good starting point for promoting and regulating this sector effectively, there is a need to incorporate the gender equality perspective and reflect the provisions of the Directive in further analysis and recommendations in this field;

L.   whereas realisation of the full potential of the Directive rests on efficient and consistent gender mainstreaming across the relevant sectors to which it applies;

M.   whereas the work of the European Network of Equality Bodies is crucial for enhancing the implementation of legislation on equal treatment and coordinating cooperation and the sharing of best practices between national equality bodies across the EU;

General considerations

1.   Is concerned that the application of the Directive is not uniform and varies across the Member States and that, despite progress achieved in this area, there are still challenges and gaps in its implementation that need to be addressed in some Member States and across certain sectors without delay; calls on the Commission to prioritise addressing in their dialogue with the Member States any remaining gaps in the implementation; stresses the Member States’ crucial role in implementing the EU legislation and policies and recommends that greater support from regional and local authorities as well as cooperation with civil society, together with guidance to industry from Member States, may be necessary in ensuring full implementation of the Directive;

2.   Notes that the Commission has presented its report on the application of the Directive with a long delay since its first report in 2009;

3.   Notes that, while the Commission report states that no specific difficulties have been signalled in implementing several provisions of the Directive, this statement is based on very few cases of discrimination reported, and that overall there is very limited information and that data collection in this area varies considerably at Member State level;

4.   Underlines that one of the challenges encountered in some Member States is the low awareness about the rights and protections given to citizens as embedded in the Directive among policy-makers, service providers and citizens themselves; points out that the lack of public knowledge and awareness of the Directive and its provisions may result in a lower number of gender discrimination claims; calls on the Member States, the Commission and the relevant stakeholders to raise awareness, potentially in cooperation with consumer protection organisations, about the provisions of the Directive to enhance the perceived importance of equal treatment in the field of goods and services;

5.   Notes that only some Member States have reported the existence of specific provisions on positive action; calls on the Member States to better integrate and promote provisions on positive action, which is based on a legitimate aim and strives to prevent or compensate gender-based inequalities, as outlined in the Directive;

Insurance, banking and financial sectors

6.   Welcomes the implementation of the Test-Achats ruling in national legislation by the Member States and the fact that national legislation has been amended in a legally binding manner; points out that there are still challenges related to the conformity of national legislation with the ruling, for example in medical insurance schemes and in relation to the full elimination of discrimination on the grounds of pregnancy and maternity;

7.   Highlights the equalising effect on pensions of the ruling which prohibited sex-based actuarial factors in insurance contracts and made unisex premiums and benefits mandatory in private insurance schemes, including pensions; notes that, while this ruling applies only to private schemes, the unisex rule in pensions constitutes a good practice in terms of reducing the gender pension gap; welcomes the decision of some Member States to go beyond the scope of the ruling by extending the unisex rule to cover other types of insurance and pensions, including occupational pension schemes, in order to ensure equality between women and men in these areas; encourages other Member States to consider following suit, if appropriate;

8.   Considers that ensuring proper and full implementation of the ruling is crucial; calls on the Commission to monitor, by means of periodic reports, conformity with these rules in the Member States in order to ensure that any gaps are addressed;

9.   Highlights that the Directive expressly prohibits the use of pregnancy and maternity as a way to differentiate in the calculation of premiums for the purposes of insurance and related financial services; calls on the Member States to make a greater effort and enhance clarity in protecting the rights and welfare of pregnant women in this field, to safeguard them against unqualified pregnancy-related costs, as pregnant women should not experience higher costs on the sole grounds of their pregnancy, and to raise awareness among service providers as to the special protection afforded to pregnant women; stresses, in particular, the need to ensure that transitional periods in different types of insurance, especially medical insurance, do not interfere with the rights of pregnant women to enjoy equal treatment throughout the period of pregnancy;

10.   Reiterates that the right not to be discriminated against on grounds of sex may include discrimination arising from the gender reassignment of a person(8) , and calls on the Commission to ensure that women and men are protected against discrimination on these grounds; highlights that the Directive offers protection in this regard and any further specification can be made in the national law of the Member States; points out, in this respect, that 13 Member States have not yet adopted direct legal provisions protecting transgender persons, who continue to experience discrimination in the supply of and access to goods and services, and points that including such provisions might contribute to raising awareness about the non-discrimination principle; calls on the Commission to monitor discrimination on these grounds in its future reports on the implementation of the Directive;

11.   Regrets the persisting discriminatory practices against women and discriminatory practices linked to pregnancy, maternity plans and maternity in terms of access to services provided by the insurance and banking sectors;

12.   Notes that the greater difficulty for female entrepreneurs in accessing financing could in part be related to a difficulty in building up sufficient credit history and managerial experience; calls on the Member States to collaborate with the financial sector to ensure equality between men and women in access to capital for freelancers and SMEs; invites them to explore the possibilities of introducing a gender equality perspective into their reporting structures on the attribution of loans, into the tailoring of their risk profiles, investment mandates and staff structures, and into financial products; invites the Commission to cooperate with the Member States to adopt effective measures with practical examples to ensure that everyone can fully and properly utilise the Directive as an effective means of protecting their rights to equal treatment in accessing all goods and services;

13.   Calls for a holistic approach to female entrepreneurship, aimed at encouraging and supporting women in building a career in entrepreneurship, facilitating access to finance and business opportunities, and creating an environment enabling women to realise their potential and become successful entrepreneurs by ensuring, inter alia, the reconciliation of professional and personal life, access to childcare facilities and tailor-made training;

Transport sector and public spaces

14.   Notes that while the prohibition of harassment, including sexual and gender-based harassment, is embedded in national legislation, women and transgender and intersex persons continue to experience forms of abuse on means of transport on a systematic and frequent basis and there is a persisting need to enhance preventive measures against harassment, including raising awareness among the service providers;

15.   Calls on the Commission and the Member States to facilitate the exchange of best practices in this area; calls for focusing on those preventive measures which are consistent with the principle of equality between women and men, as recommended for example in the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention), which are not limiting to women’s liberties and which concentrate primarily on addressing potential perpetrators rather than modifying women’s behaviour as potential victims; notes that the Istanbul Convention states that ‘the realisation of de jure and de facto equality between women and men is a key element in the prevention of violence against women’ and, therefore, calls on the Member States and the Commission to follow this comprehensive approach in their policy aimed at eradicating violence against women, including the implementation of the anti-harassment provisions outlined in the Directive; calls on the Member States who have not yet done so to ratify the Istanbul Convention and on the Commission and the Council to advance the process of the EU’s accession to the Convention;

16.   Regrets the fact that parents and carers of small children still face physical access barriers and other obstacles such as insufficient access to baby changing facilities on the premises of service providers; emphasises the need to safeguard the rights of both mothers and fathers to enjoy equal opportunities in the company of their children on the premises of service providers; highlights that equal treatment of both women and men, as parents and carers of small children, in the access to and use of services is crucial for gender equality in general as it promotes equal and shared responsibility for childcare between women and men; calls on the Member States therefore to raise awareness among service providers about the need to have equal and safe facilities for both parents available within their premises;

17.   Notes moreover, that carers, predominantly women, have specific accessibility requirements and encourages the Commission therefore to consider all obstacles and constraints encountered by women as the main users of public transportation services and by carers in general, in accordance with the conclusions of the Fifth Conference on Women’s Issues in Transportation held in Paris in 2014; underlines that, despite research in this area, limited attention has been given to developing gender-specific policies in the transport sector; notes that integrating the gender-sensitive perspective into the early stages of planning and structuring of means of transport and other public spaces as well as conducting regular gender impact assessments constitutes a good and cost-efficient practice for eradicating physical barriers which undermine equal access for parents and carers of small children;

18.   Points out that unequal treatment of women on the grounds of maternity or pregnancy, including breastfeeding on the premises of service providers, still persists across the Member States; considers that the protection of women on the grounds of maternity and pregnancy, including breastfeeding, as guaranteed by the Directive needs to be strengthened and fully implemented at Member State level; points out that service providers must comply with the Directive’s guiding principles and national legislation transposing it;

19.   Calls on the Commission and the Member States to ensure that public transport vehicles and infrastructure are equally accessible and adapted to women and men, not only as end-users and passengers, but also as professionals working in the sector;

20.   Calls on the Commission to assess airlines’ rules on allowing pregnant women to board flights, and on assisting them during flights, and to take steps to make airlines ensure a harmonised approach in this regard;

21.   Calls on the Council to adopt Parliament’s position on the Passengers’ Rights Regulation as regards the obligation of airport handlers to return baby carriages to passengers immediately after disembarking, or to provide alternative means of transport to spare passengers from carrying children through the airport until they reach the baggage reclaim area;

22.   Takes the view that offering a network of maternity-support services, notably crèches and pre-school and after-school services, is essential to help ensure that the principle of equality between men and women in access to goods and services is actually implemented; takes the view that this network should include a level of public services that meets the population’s needs;

23.   Notes that discrimination and disparities are still being recorded in access to medical goods and services, which highlights the need to boost access to high-quality free public health services;

The collaborative economy

24.   Highlights the new possible areas of application of the Directive, in particular as a result of digitalisation of certain services and sectors as well as the proliferation of collaborative forms of service provision which have changed the access to and supply of goods and services, while noting that the Directive remains applicable to the digital sphere; points out that the recently published Commission communication entitled ‘European agenda for the collaborative economy’ should serve as a first step for promoting and regulating this sector effectively, and that in further stages the Commission should integrate the principles of gender mainstreaming and reflect the regulations of the Directive to safeguard equal treatment of women and men and effectively prevent harassment in the services offered within the collaborative economy and ensure adequate safety;

25.   Notes that harassment poses a particular challenge for gender equality in the area of collaborative economy services; highlights that while the ‘zero-tolerance’ policy towards harassment adopted by many platforms constitutes a good practice to be further strengthened in the sector, there is a need for the platforms concerned to prioritise prevention of harassment and to consider creating clear procedures for users to report cases of abuse; stresses the need for clarification of the provisions of liability for providers of goods and services, including in instances of third-party harassment, and the connecting online platforms on the basis of the Directive;

26.   Considers that those services offered within the collaborative economy which are available to the public and run for profit fall within the remit of the Directive and should, therefore, be consistent with the principle of equal treatment of women and men;

27.   Notes in this context that, in the digital sphere, ‘profit’ does not necessarily mean money and that data is increasingly used as a counter-performance for goods and services;

28.   Calls on the Commission to monitor the principle of gender equality in the collaborative economy in its future reports on the application of the Directive and to issue specific guidelines identifying good practices to safeguard equal treatment of women and men in the services offered within the collaborative economy;

Differential treatment

29.   Points out that the application of Article 4(5) has proved to be a major challenge in the implementation of the Directive, constituting the grounds for the largest share of complaints received by the equality bodies in the Member States, mainly pertaining to the leisure and entertainment sector;

30.   Emphasises that, despite the ambiguity surrounding the application of Article 4(5) of the Directive, the main purpose of this derogation is to create opportunities for further enhancing equality between women and men in the provision of goods and services;

31.   Notes that there are divergent practices, e.g. as regards cases where services are offered to members of one sex only or where differential pricing is applied for the same services; highlights that the application of differential treatment should be assessed on a case-by-case basis with a view to evaluating whether it is justified by a legitimate aim, as specified by the Directive;

32.   Encourages equality bodies and consumer protection organisations both to raise awareness about the limits and conditions for differential treatment among service providers and to enhance awareness about the rights for equal treatment among service users, as it is often reported that users are not familiar with applicable provisions in the field of goods and services;

33.   Considers that the relative lack of positive action based on Article 4(5) across Member States constitutes a gap in the implementation of the Directive; calls for the promotion of forms of positive action based on a legitimate aim in which there is a direct link between preferential treatment and the disadvantages to be prevented or eliminated, such as the protection of victims of sex-related violence in cases of single-sex shelters;

34.   Reiterates its call on the Council to consider all possible avenues to ensure that the proposed Equal Treatment Directive is adopted without further delay, thereby guaranteeing comprehensive protection against discrimination on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation on an equal footing;

Recommendations on enhancing the application of the Directive

35.   Calls on the Commission to prioritise addressing the transposition issues with the Member States concerned by means of concrete measures, and to support them in implementing the Directive in a more consistent manner;

36.   Points out that, while equality bodies play a crucial role in monitoring and ensuring that the rights derived from the Directive are fully exercised at national level, their attributed competences in relation to the supply of and access to goods and effectiveness in fulfilling the designated goals varies; calls on the Member States to guarantee sufficient competence and independence in accordance with the provisions of the Directive and national law as well as sufficient resources for national equality bodies so they can fulfil their principal tasks in an effective way, which include providing independent assistance to victims of discrimination in pursuing their complaints, conducting independent surveys on discrimination, publishing independent reports and recommendations, raising awareness about the Directive and challenging stereotypes about gender roles in the supply of and access to goods and services; notes that national equality bodies should be adequately supported in the performance of their tasks, with regard to the promotion, monitoring and support of equal treatment in an independent and effective manner;

37.   Calls on the Commission to enhance its cooperation with equality bodies in monitoring whether the relevant provisions regarding their competences are met in all the Member States and to provide support to systematically identify the main challenges and share best practices; calls on the Commission to gather best practices and make them available to Member States in order to provide the necessary resources for supporting positive action and ensuring better implementation of the respective provisions at national level;

38.   Points out that access to justice for victims of discrimination could be improved by giving independent equality bodies the competences to provide assistance, including free legal aid, and the right to represent individuals in cases of alleged discrimination;

39.   Calls on the Commission to closely monitor the effectiveness of national complaint bodies and procedures in the context of the implementation of the Directive and to ensure that transparent and effective complaint mechanisms, including dissuasive sanctions, are in place;

40.   Calls on the Commission, the Member States and equality bodies, potentially in cooperation with consumer protection organisations, to raise awareness about the provisions of the Directive among both service providers and users in order to implement the principle of equal treatment in this field and reduce the number of breaches of the Directive left unreported;

41.   Calls on the Commission, given the persisting gaps in the practical application of the Directive, to ask the European Network of Legal Experts, in cooperation with equality bodies, to launch a comprehensive study, also taking into account intersectional forms of gender inequalities and multiple grounds of discrimination which include a variety of vulnerable social groups, to continue its monitoring activities and to support and encourage the Member States in collecting and providing data in order to realise the full potential of the Directive; calls on the Member States for improved comprehensive, comparable specific data collection on harassment and sexual harassment in the area of equal access to goods and services in order to differentiate between grounds of discrimination, and in this respect encourages enhanced cooperation with relevant institutions; calls on the Commission to establish a public database of relevant legislation and case law regarding equal treatment between women and men as a means to raise awareness about the application of the legal provisions in this field;

42.   Points out that the field of advertising is linked to the area of goods and services, which are predominantly presented to consumers through advertisements; highlights the significance of advertising in the creation, retention and development of gender-based stereotypes and discriminatory portrayals of women; invites the Commission therefore to conduct a study on gender equality in advertising and to explore the need and possibilities to enhance equal treatment of women and men in the field of advertising and to promote best practices in this field; welcomes national regulations and guidelines on equality between women and men in the media, and calls on the Member States to strengthen these provisions where needed in order to ensure equal treatment of women and men;

43.   Calls on the Member States to encourage dialogue with relevant stakeholders which have a legitimate interest in contributing to the fight against discrimination on grounds of sex in the area of access to and supply of goods and services;

44.   Calls on the Member States and the Commission to integrate a sector-specific gender-mainstreaming approach in enhancing implementation of the Directive;

45.   Calls on the Commission in monitoring and supporting the Member States in implementing the Directive to better coordinate the requirements of the Directive with the other equality directives;

o
o   o

46.   Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States.

(1) OJ L 373, 21.12.2004, p. 37.
(2) OJ C 11, 13.1.2012, p. 1.
(3) OJ C 130, 30.4.2011, p. 4.
(4) PE 593.787.
(5) ECLI:EU:C:1996:170. See also joint Council and Commission statement, Addendum to outcome of proceedings to the Proposal for a Council Directive implementing the principle of equal treatment between women and men in the access to and supply of goods and services (st.15622/04 ADD 1).
(6) OJ C 137 E, 27.5.2010, p. 68.
(7) Texts adopted, P8_TA(2016)0007 .
(8) Joint Council and Commission statement, Addendum to outcome of proceedings to the proposal for a Council Directive implementing the principle of equal treatment between women and men in the access to and supply of goods and services.


EU funds for gender equality
PDF 206k   DOC 61k
European Parliament resolution of 14 March 2017 on EU funds for gender equality (2016/2144(INI) )
P8_TA(2017)0075 A8-0033/2017

The European Parliament,

–   having regard to Article 2 and Article 3(3), second subparagraph, of the Treaty on European Union (TEU) and Article 8 of the Treaty on the Functioning of the European Union (TFEU),

–   having regard to Article 23 of the Charter of Fundamental Rights of the European Union,

–   having regard to Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework (MFF) for the years 2014-2020(1) ,

–   having regard to the joint declaration of the European Parliament, the Council and the Commission(2) attached to the MFF on gender mainstreaming,

–   having regard to Regulation (EU) No 1304/2013 of the European Parliament and of the Council of 17 December 2013 on the European Social Fund and repealing Council Regulation (EC) No 1081/2006(3) ,

–   having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management(4) ,

–   having regard to the Commission communication entitled ‘Mid-term review/revision of the multiannual financial framework 2014-2020 – An EU budget focused on results’ (COM(2016)0603 ),

–   having regard to the Commission staff working document entitled ‘Horizon 2020 Annual Monitoring Report 2014’ (SWD(2016)0123 ),

–   having regard to the Commission working document on ‘Programme Statements of operational expenditure for the Draft General Budget of the European Union for the financial year 2017’ (COM(2016)0300 ),

–   having regard to the Joint Staff Working Document of the Commission and the High Representative of the Union for Foreign Affairs and Security Policy ‘Gender Equality and Women’s Empowerment: Transforming the Lives of Girls and Women through EU External Relations 2016-2020’ (SWD(2015)0182 ),

–   having regard to the Commission staff working document entitled ‘Strategic engagement for gender equality 2016-2019’ (SWD(2015)0278 ),

–   having regard to its resolution of 13 September 2016 on Creating labour market conditions favourable for work-life balance(5) ,

–   having regard to the study entitled ‘The EU Budget for Gender Equality’, published in 2015 by Parliament’s Policy Department D and the follow-up study on the use of funds for gender equality in selected Member States, published in 2016 by Policy Department C,

–   having regard to the Commission communication of 21 September 2010 entitled ‘Strategy for equality between women and men 2010-2015’ (COM(2010)0491 ),

–   having regard to its resolution of 8 March 2016 on Gender Mainstreaming in the work of the European Parliament(6) ,

–   having regard to the Council of Europe report on Gender Budgeting: final report of the Group of specialists on gender budgeting – Strasbourg 2005,

–   having regard to Rule 52 of its Rules of Procedure,

–   having regard to the report of the Committee on Women’s Rights and Gender Equality and the opinions of the Committee on Budgets and the Committee on Budgetary Control (A8-0033/2017 ),

A.   whereas equality between women and men is a fundamental value of the European Union enshrined in the Treaties; whereas Article 8 of the TFEU lays down the principle of gender mainstreaming, stating that ‘in all its activities, the Union shall aim to eliminate inequalities, and to promote equality, between men and women’;

B.   whereas, among the 17 Sustainable Development Goals of the United Nations, to be achieved by 2030, No 5 is gender equality, which applies to all 17 goals;

C.   whereas the Commission’s Strategic Engagement for Gender Equality 2016-2019, published in December 2015, highlights the key role of EU funding in support for gender equality; whereas no EU institution has consistently implemented gender budgeting;

D.   whereas spending and revenue decisions impact women and men differently;

E.   whereas Parliament, in its resolution of 6 July 2016 on the preparation of the post-electoral revision of the MMF 2014‑2020: Parliament’s input ahead of the Commission’s proposal(7) , supports the effective integration of gender mainstreaming;

F.   whereas gender issues are usually more often addressed in ‘soft’ policy areas, such as human resources development, rather than in ‘hard’ ones, such as infrastructure and ICT, which receive higher financial support;

G.   whereas a well thought-out system of care-related leave together with high-quality, affordable and accessible care, including public facilities, must be provided in order to balance professional and private life, and whereas expenditures on these facilities are to be considered as part of infrastructure investments; whereas these two factors are a precondition for women’s participation in the labour market, in leading positions, in science and research and thus for gender equality;

H.   whereas the joint declaration of the European Parliament, the Council and the Commission calls for the annual budgetary procedures applied for the MFF 2014-2020 to integrate, as appropriate, gender-responsive elements, taking into account the ways in which the overall financial framework of the Union contributes to increased gender equality and ensures gender mainstreaming; whereas, despite this fact, there is a need to step up the firm commitment to gender mainstreaming, since there has been minimal implementation of existing policies and insufficient budgetary resources have been earmarked for gender issues;

I.   whereas a downgrading of gender equality in public debate and the policy agenda has become evident at both EU and national level since the 2008 crisis; whereas the fiscal consolidation and budget constraints imposed by the crisis are likely to reduce further the available resources for gender equality strategies and bodies;

J.   whereas, at a juncture at which there is a crisis of confidence in the EU, ensuring that its finances are fully transparent should be a priority for all the European institutions, and is something they must not ignore;

K.   whereas, according to the 2015 Gender Equality Index published by the European Institute for Gender Equality (EIGE), the goal of gender equality in Europe is still far from being achieved;

L.   whereas one of the most telling measures of gender equality is equal pay; whereas, however, EU efforts and their results in increasing female labour-market participation and the equal economic independence of women and men, promoting equality between women and men in decision-making, combating gender-based violence and protecting and supporting victims, and promoting gender equality and women’s rights across the world are of equal importance;

M.   whereas in 1995 the United Nations Beijing Platform for Action called for a gender-sensitive approach to budgetary processes;

General observations

1.   Welcomes the intended mainstreaming of gender equality in line with Article 8 of the TFEU, as a cross-cutting policy objective of the EU budget in EU funds and programmes;

2.   Regrets, however, the fact that the EU’s high-level political commitment to gender equality and gender mainstreaming has not yet been fully reflected in the budget allocations and spending decisions in EU policy areas as part of a gender budgeting methodology;

3.   Notes that gender budgeting is part of an overall strategy on gender equality and stresses, therefore, that the commitment of EU institutions in that area is fundamental; regrets in this context that no EU gender equality strategy was adopted for the period 2016-2020 and, calls on the Commission to enhance the status of its Strategic Engagement for Gender Equality 2016-2019 by adopting it as a Communication, echoing the Council Conclusions on Gender Equality of 16 June 2016;

4.   Stresses the importance of the structures and processes involved in budget-making and the need to change those which have been shown to underpin, or unintentionally promote gender inequality;

5.   Notes that awareness‑raising and training on gender mainstreaming and gender budgeting is necessary to develop gender‑sensitive structures and procedures;

6.   Notes that some EU programmes (e.g. the European Social Fund (ESF), the Rights, Equality and Citizenship Programme 2014‑2020 (REC), Horizon 2020, the Instrument for Pre-accession Assistance II (IPA II), in the field of humanitarian aid, the Development Cooperation Instrument (DCI) and the European Instrument for Democracy and Human Rights (EIDHR)) include specific actions related to gender equality, while others (such as the EU Programme for Employment and Social Innovation (EaSI), the Fund for European Aid to the Most Deprived (FEAD), the European Maritime and Fisheries Fund (EMFF), and the European Globalisation Adjustment Fund (EGF)) contain references to the general principles of gender equality, but very few programmes actually lay down clear targets and dedicated resources or provide for systematic implementation and monitoring;

7.   Deplores that several programmes include gender equality only as a transversal objective, which not only leads to lower support for gender-specific actions, but also makes it almost impossible to estimate the amounts that are allocated to gender issues(8) ;

8.   Deplores that most of the EU-funded programmes do not have specific targeted actions with specific budget allocations on gender equality; notes that gender equality should be recognised as a policy objective in the EU budget titles and in doing so the amount allocated to individual policy objectives and actions should be specified, in order for them to be more transparent and not overshadow gender objectives; considers, likewise, that budgetary control tasks should indicate the extent to which the EU budget and its implementation favour or hinder equality policies;

9.   Regrets that tools for gender mainstreaming, such as gender indicators, gender impact assessment (GIA) and gender budgeting (GB), are very rarely used in policy design and implementation, whether at EU level or by national institutions; regrets the current lack of comprehensive gender indicators and gender-disaggregated data and highlights the fact that EIGE should gather gender indicators and collect gender-disaggregated data in order to make a consistent picture of the gender equality impact of EU policies possible as well as correct financial and budgetary accountability in relation to it; stresses the fundamental role of EIGE in closing the gap in collaboration between statisticians and policy makers in order to raise awareness of the challenges involved in collecting sensitive data; repeats, therefore, its call for indicators and statistics on gender issues to be further developed in order to permit the assessment of the EU budget from a gender perspective as well as the monitoring of gender budgeting;

10.   Regrets that, in spite of the joint declaration on gender mainstreaming having been attached to the MFF, there has been little progress in this field;

11.   Regrets deeply the fact that no clear gender equality strategy with specific objectives, concrete targets and allocations, has emerged from the MFF 2014-2020;

12.   Regrets that the Commission’s communication on the MFF midterm review published in September 2016 makes no reference to the implementation of gender mainstreaming;

13.   Calls for gender equality strategy and its mainstreaming to become part of the European Semester;

14.   Underlines that transparency and access to information on real achievements in gender equality rather than just on implementation should be a real priority for the European Union;

15.   Calls for gender mainstreaming provisions also to be adopted in policy fields that are not considered to be immediately related to gender equality, such as ICT, transport, business and investment support or climate change;

16.   Considers that a network of external experts and organisations should be involved in all stages of the budgetary process to increase transparency and its democratic quality, in particular when it pertains to applying a gender budgeting approach;

EU funding for gender equality in employment, social affairs and inclusion through the European Structural and Investment Funds (ESI Funds)

17.   Points out that the ESI Funds constitutes the most important financial support for the implementation of gender equality policy in the EU, especially in the case of the ESF, which aims to foster the full integration of women in the labour market; underlines that Regulation (EU) No 1304/2013 makes gender mainstreaming a compulsory part of all phases of programmes and projects financed by the ESF, including preparation, implementation, monitoring and evaluation;

18.   Stresses the important role of public services in promoting gender equality; calls on the Commission and the Member States to work towards the achievement of the Barcelona targets in order to make work-life balance a reality for all, as well as using the appropriate tools and incentives, including the European Funds such as ESF, the European Regional Development Fund (ERDF) and the European Agricultural Fund for Rural Development (EAFRD), ensuring the necessary social infrastructure funding for the provision of quality, affordable and accessible care services for children and other dependent persons, including elderly dependents and family members with disabilities; notes that this will result in enhancing female participation in the labour market and women’s economic independence;

19.   Deplores that women still suffer from inequalities at work, such as lower participation rates in employment, the pay gap, the greater incidence of atypical or part-time employment, poorer pension entitlements, career segregation and poorer levels of progression; stresses the importance of ESF in providing funding opportunities to combat discrimination and promoting gender equality at work;

20.   Notes that the traditional approach fails to take into account unpaid work, such as childcare and caring for the elderly in the payment of social benefits;

21.   Notes that according to the Commission Staff Working Document on the Strategic engagement for gender equality 2016-2019, EUR 5,85 billion will be spent in the period from 2014-2020 on measures promoting gender equality, of which 1,6 % come under the ESF for the specific investment priority ‘Equality between men and women in all areas, including in access to employment, career progression, reconciliation of work and private life and promotion of equal pay for equal work’;

22.   Notes that ERDF funding should continue supporting investment in childcare, caring for the elderly and other public and private social infrastructure to promote, among other outcomes, a better work-life balance;

23.   Stresses the important role of the EAFRD in ensuring the necessary funding to support public services and social infrastructure in rural areas and promoting access to land and investment for women;

24.   Calls on the Commission to propose new targeted actions aimed at encouraging women’s participation in the labour market, such as a specific programme financed by the EAFRD to support female entrepreneurship;

25.   Calls on the Commission, the Member States, and regional and local governments to make use of the potential of cross ‑cutting financing opportunities under ESI funds to support projects aimed at promoting gender equality; highlights the importance of the partnership principle applied within the ESI funds, which contributes positively to gender mainstreaming at local level;

26.   Recalls the importance of the requirement to include gender-disaggregated indicators in the monitoring and evaluation of the Operational Programmes as provided for in Regulation (EU) No 1303/2013 laying down common provisions on the ESI Funds, in order to comply with the gender equality objective in the implementation phase;

27.   Deplores that, despite efforts to create a ‘standard’ in this field, a systematic method for the implementation of gender mainstreaming within the ESI Funds has not yet been established nor have targeted actions linked to an overall gender mainstreaming strategy; calls on the Commission and the Member States to increase resources for gender equality assessment where needed and to follow consistently the implementation of gender mainstreaming;

28.   Recalls that ESI Funds are subject to an ex-ante conditionality on gender, which requires arrangements for the training of relevant staff and for the involvement of bodies responsible for gender equality throughout the preparation and implementation of the programmes; calls on the Commission to ensure that this requirement is fulfilled; calls for the effective use of the existing permanent gender equality bodies at Member State level; welcomes greatly, in this context, national best practices, such as the European Community of Practice on Gender Mainstreaming (Gender CoP) network in Sweden; urges Member States to guarantee the independence, effectiveness, as well as sufficient powers and resources for equality bodies to enable them to fulfil their principal tasks;

29.   Highlights the importance of giving special attention and priority to ESI Funds measures supporting investments in educational, social and healthcare services in addition to childcare facilities, given that these services are facing cuts in public funding at national, regional and local level and that it would increase the number of jobs;

30.   Recommends increased financial allocations in the MFF for social infrastructure and services for the care of children and the elderly;

EU funding for gender equality in the area of fundamental rights, equality and citizenship via the Rights, Equality and Citizenship 2014-2020 Programme (REC)

31.   Regrets that the budget lines under the Rights, Equality and Citizenship 2014‑2020 Programme (REC) do not specify the resources allocated to each of the objectives of the programme, making it very difficult to analyse the spending dedicated to gender equality and combating violence against women;

32.   Notes that, according to the Commission Staff Working Document for the Strategic Engagement for Gender Equality 2016-2019, the two objectives related to gender equality and to the Daphne programme for combating violence against women account for around 35 % of the REC funds, while the overall budget for gender equality in the area of fundamental rights, equality and citizenship via the REC 2014-2020 programme is EUR 439,5 million; points out that the majority of funds will be allocated under the Daphne objective compared with the gender equality objective; finds it regrettable nonetheless that Daphne has no separate budget line, given that it is currently one of the specific objectives of the REC Programme; emphasises the need for Daphne to be provided with sufficient financial support and for its visibility and highly successful profile to be maintained;

33.   Underlines that for the 2014-2020 period, the calls issued under the Daphne objective address all forms of violence against women and/or children; notes that the majority of resources have been earmarked for fighting and preventing violence linked to harmful practices (39 %) and for support for victims of gender-based violence, domestic violence or violence in an intimate relationship provided by specialised support services aimed at women (24 %);

34.   Notes that under the gender equality objective, the following priorities were addressed: equal economic independence of women and men and work-life balance (44 % of resources earmarked); promoting good practices regarding gender roles and overcoming gender stereotypes in education and training and in the workplace (44 %) and support for EU-level networks on gender equality themes (12 %);

35.   Stresses that citizenship-building should be associated not only with the defence and extension of rights, but also with welfare and well-being, education and training free from gender stereotypes and access to social and health services, including sexual and reproductive health;

36.   Deplores, however, the decrease in the funds available for the Daphne specific objective; points out that Daphne budget appropriations stood at EUR 18 million in commitments in 2013 compared with EUR 19,5 million in 2012 and more than EUR 20 million in 2011; notes further that in 2016, the REC work programme had foreseen just over than EUR 14 million for the objective;

37.   Calls on the Commission, when drawing up the annual work programme, to respect the appropriate and fair distribution of financial support between different areas covered by the specific REC objectives, while taking into account the level of funding already allocated under the previous programming period (2007-2013);

38.   Calls on the Commission to increase support for European networks on gender equality themes, thereby reinforcing opportunities for more peer-to-peer learning, notably amongst subnational authorities; notes in particular that specific support is needed to increase women’s participation in decision-making;

39.   Calls for greater clarity on how the objective on combating violence is pursued within the REC programme; highlights the importance of funds reaching grassroots organisations and local and regional governments in order to ensure effective implementation; calls for priority to be given to organisations dealing with the prevention of violence and supporting victims of all forms of violence;

40.   Recognises the need to ensure support for the implementation of existing local and regional gender equality initiatives such as the European Charter for Equality of Women and Men in Local Life;

41.   Calls on the Commission to bolster the requirement for the collection of gender-disaggregated data in the implementation of this programme, as an essential tool for effective gender budgeting analysis;

EU funding for gender equality in the area of research and innovation via Horizon 2020

42.   Highlights the fact that the Horizon 2020 programme (hereinafter ‘this programme’), in line with the requirements of Article 16 of Regulation (EU) No 1291/2013 , mainstreams gender equality and the gender dimension in research as a cross-cutting issue in each of the different parts of the work programme;

43.   Draws attention to the three mainstreaming objectives under this programme, namely: to foster equal opportunities and gender balance in project teams; to ensure gender balance in decision-making; and to integrate a gender dimension into research content;

44.   Welcomes the fact that this programme provides support for research bodies in implementing gender equality plans; welcomes also the joint project of the Commission and EIGE for creating an on-line tool for gender equality plans, as a means of identifying and sharing best practices with relevant stakeholders;

45.   Welcomes the fact that applicants have the opportunity to include training and specific studies on gender as eligible costs in their proposals;

46.   Welcomes the fact that gender balance in staffing is one of the ranking factors in the evaluation criteria in this programme and that the way in which sex and/or gender analysis is taken into account in a proposal is assessed by the evaluators alongside the other relevant aspects of the proposal;

47.   Welcomes the specific indicators used to monitor the implementation of a gender equality perspective in this programme, as well as the fact that, on the issue of gender balance in Horizon 2020 advisory groups in 2014, women’s participation was 52 %(9) ;

48.   Considers that a further review is needed in order to assess the results, also based on specific indicators, such as the percentage of women participants and women project coordinators in this programme, and to propose adjustments to the specific actions if required;

49.   Calls for gender mainstreaming to be further strengthened within this programme, and for the development of gender equality targets in strategies, programmes and projects at all stages of the research cycle;

50.   Calls for the maintenance of an independent line of funding for gender-specific structural change projects (such as Gender Equality in Research and Innovation (GERI) for 2014-2016), as well as of other gender equality topics in research and innovation;

51.   Welcomes the fact that one of the objectives in ‘Science with and for Society’ is to ensure gender equality, in both the research process and research content; welcomes, furthermore, the grants ‘Support to research organisations to implement gender equality plans’ and ‘Promoting Gender equality in H2020 and the European Research Area’; deplores, however, that there are no specific lines in the budget for the objectives outlined in this programme;

Other programmes and funds including specific objectives on gender equality

52.   Stresses that natural disasters have a major impact on infrastructure linked to public services and, therefore, that women are particularly affected; calls on the Commission to introduce a requirement for a gender‑sensitive analysis into the EU Solidarity Fund when evaluating the impact on populations;

53.   Notes that in the field of external actions and development cooperation, the Gender Action Plan (GAP) established for the period 2016-2020 covers the EU’s activities in third countries, and that there are several external assistance instruments that support gender equality objectives;

54.   Stresses that women and girl victims of armed conflicts have the right to receive the necessary medical care, including access to contraception, emergency contraception and abortion services; recalls that EU humanitarian aid must uphold the rights of girls and women under international humanitarian law and should not be subject to restrictions imposed by other partner donors, as noted in the EU’s 2016 budget; welcomes the EU’s approach in this respect; encourages the Commission to maintain its position;

55.   Calls on the Commission to earmark EU development funds for voluntary, modern family planning and reproductive health services in order to counter the financial shortfalls caused by the ‘global gag’ rule established by the new US Government and thus to save women’s lives, protect their health and prevent the spread of sexually transmitted infections;

56.   Highlights that gender mainstreaming is also included among the founding principles of the recent Asylum, Migration and Integration Fund (AMIF); reiterates its call to take into account the gender dimension within migration and asylum policies by ensuring that women have access to safe space, specific healthcare linked to sexual and reproductive health and rights and that special attention be paid to the specific needs of vulnerable persons, such as women, who have suffered violence, including sexual violence, unaccompanied minors and other groups at risk, including LGBTI;

57.   Calls for a comprehensive set of EU-wide gender guidelines to be adopted on migration and asylum policy with adequate funding for comprehensive training programmes for professionals who may come into contact with refugees and asylum seekers; emphasises that these should be sensitive to the gender‑specific needs of refugee women and concomitant gendered harms, such as the trafficking of women and girls;

58.   Highlights the ongoing issues of overcrowding in refugee reception centres and the impact this has on women’s safety; calls for greater use of AMIF to improve reception centres with separate sleeping and sanitation facilities for women and men, and access to gender-sensitive health services, including prenatal and postnatal care;

59.   Considers that Member States should be encouraged to make greater use of cohesion funds and ESI Funds alongside AMIF to promote the integration of refugees in the labour market, with a specific focus on how accessible childcare enables women refugees to access employment;

60.   Calls for a review of the increased funding for and wider scope of the Daphne and Odysseus programmes, with an assessment on expanding them to address the severe vulnerabilities experienced by women refugees and provide greater support in addressing these gendered harms;

61.   Emphasises that other funds, such as the Internal Security Fund (ISF), special financial instruments like the Emergency Support Instrument and other ad hoc instruments and grants, have been mobilised to address needs in the context of the present refugee crisis; points out the difficulty in monitoring the use of these funds, in particular from a gender perspective, and calls for the use of EU funding in this area to be coordinated, effective, transparent and gender-sensitive;

62.   Calls for specific funding to support targeted measures involving grassroots organisations, local and regional governments to ensure that the basic needs, human rights, safety and security of asylum‑seeking, refugee and migrant women and girls, including the pregnant and elderly, as well as LGBTI are protected;

Policy recommendations

63.   Reiterates its request for gender budgeting to be used at all levels of the EU budgetary procedure; calls for the consistent use of gender budgeting throughout the budgetary process, so that budgetary expenditure can be used as a means of promoting gender equality;

64.  Calls for strong and effective gender budgeting and gender mainstreaming to be incorporated and implemented in the post-2020 generation of EU funding programmes, with a view to increasing EU funding for measures to combat gender discrimination, while taking into account the following aspects:

   (i) identifying the implicit and explicit gender issues;
   (ii) identifying – where possible – the allied resource allocations; and
   (iii) assessing whether the EU funding programmes will allow existing inequalities between women and men (and groups of women and men), girls and boys and patterns of gender relations to continue or whether they will lead to change;

65.   Calls for all EU budget titles to pursue equally strong gender targets and gender mainstreaming standards;

66.   Calls for the amount to be allocated to individual policy objectives and actions dedicated to gender equality to be clearly specified in order to increase transparency and accountability;

67.   Notes that gender mainstreaming is not a one-off exercise and that gender budgeting requires an ongoing commitment to understanding gender, which includes analysis and consultation and ongoing budget readjustments to take account of the changing needs of women and men, boys and girls;

68.   Considers the EU-level funding of EUR 6,17 billion allocated in the current MFF for achieving the objectives of gender-strategic engagement as a first step;

69.   Believes that the mid-term review of the MFF could have represented an opportunity to improve the results achieved by the EU budget in the pursuit of gender equality, and to demonstrate those achievements to the public;

70.   Regrets, therefore, the Commission’s decision not to address the issue of implementing gender mainstreaming in its mid-term review of the MFF, and calls for more specific action to address this;

71.   Calls for gender-specific indicators to be applied in the project selection, monitoring and evaluation phases of all actions that receive funding from the EU budget; calls, in addition, for mandatory gender impact assessment as part of general ex-ante conditionality, and for the collection of gender-disaggregated data on beneficiaries and participants;

72.   Recommends strongly that gender-disaggregated data should be made available to the public in order to ensure financial accountability and transparency;

73.   Calls for the methodology of the report ‘Gender Equality Index 2015 – Measuring gender equality in the European Union 2005-2012’, published by EIGE in 2015, to be adopted for measuring gender inequality as a basis for planning and implementing EU funding programmes;

74.   Calls for the EU institutions and Member States to organise regular training and technical support programmes on gender mainstreaming tools for all staff involved in policymaking and budgetary procedures; calls for the use of gender budgeting in both EU and national strategies to be encouraged, in order to promote gender equality more effectively;

75.   Calls on the Commission to monitor closely the effectiveness of national complaints bodies and procedures in the implementation of gender equality directives;

76.   Requests that the Court of Auditors also incorporate the gender perspective when assessing the execution of the Union’s budget, in relation to both the specific objectives of the EU’s equality policies and the horizontal aspects of those policies, in both its recommendations and its special reports; requests similarly that Member States introduce the gender dimension into their budgets in order to analyse government programmes and policies, their impact on the allocation of resources and their contribution to equality between men and women;

77.   Reiterates its concern at the conspicuous lack of gender balance – involving the widest gap in all the EU institutions – among Members of the European Court of Auditors, which currently comprises 28 men and only three women (two fewer than at the beginning of 2016); calls on the Council, from now on and until an acceptable balance has been reached, to propose two candidates to Parliament, a woman and a man, for each future appointment;

78.   Praises the work of the office of the Commissioner for Human Rights in Poland, which according to the Law on Equal Treatment, is the equality body responsible for the implementation of equal treatment legislation; expresses its deep concern about the recent budget cuts affecting those parts of the office of the Commissioner for Human Rights dealing with gender equality; recalls that the national equality body should be adequately staffed, funded, and its independence respected and maintained;

o
o   o

79.   Instructs its President to forward this resolution to the Council and the Commission.

(1) OJ L 347, 20.12.2013, p. 884.
(2) OJ C 436, 24.11.2016, p. 51.
(3) OJ L 347, 20.12.2013, p. 470.
(4) OJ C 373, 20.12.2013, p. 1.
(5) Texts adopted, P8_TA(2016)0338 .
(6) Texts adopted, P8_TA(2016)0072 .
(7) Texts adopted, P8_TA(2016)0309 .
(8) Commission working document Part I on ‘Programme Statements of operational expenditure’ accompanying the Draft General Budget of the European Union for the financial year 2017 (COM(2016)0300 ), p. 15.
(9) European Commission, Directorate-General for Research and Innovation, ‘Horizon 2020 Annual Monitoring Report 2014’, ISBN 978-92-79-57749-9, p. 44.


Fundamental rights implications of big data
PDF 204k   DOC 62k
European Parliament resolution of 14 March 2017 on fundamental rights implications of big data: privacy, data protection, non-discrimination, security and law-enforcement (2016/2225(INI) )
P8_TA(2017)0076 A8-0044/2017

The European Parliament,

–   having regard to Article 16 of the Treaty on the Functioning of the European Union,

–   having regard to Articles 1, 7, 8, 11, 14, 21, 47 and 52 of the Charter of Fundamental Rights of the European Union,

–   having regard to the guidelines for the regulation of computerised personal data files of the United Nations General Assembly in its Resolution 45/95 of 14 December 1990,

–   having regard to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)(1) (GDPR), and to Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA(2) ,

–   having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘A Digital Single Market Strategy for Europe’ of 6 May 2015 (COM(2015)0192 ),

–   having regard to the Council of Europe Convention for the protection of individuals with regard to automatic processing of personal data of 28 January 1981 (ETS No 108) and its Additional Protocol of 8 November 2001 (ETS No 181)(3) ,

–   having regard to Recommendation CM/Rec(2010)13 of the Committee of Ministers of the Council of Europe to Member States on the protection of individuals with regard to automatic processing of personal data in the context of profiling of 23 November 2010(4) ,

–   having regard to Opinion 7/2015 of the European Data Protection Supervisor of 19 November 2015 entitled ‘Meeting the challenges of big data – A call for transparency, user control, data protection by design and accountability’(5) ,

–   having regard to Opinion 8/2016 of the European Data Protection Supervisor of 23 September 2016 entitled ‘EDPS Opinion on coherent enforcement of fundamental rights in the age of big data’(6) ,

–   having regard to the statement of the Article 29 Data Protection Working Party on the impact of the development of big data on the protection of individuals with regard to the processing of their personal data in the EU of 16 September 2014(7) ,

–   having regard to Rule 52 of its Rules of Procedure,

–   having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A8-0044/2017 ),

A.   whereas big data refers to the collection, analysis and the recurring accumulation of large amounts of data, including personal data, from a variety of sources, which are subject to automatic processing by computer algorithms and advanced data-processing techniques using both stored and streamed data in order to generate certain correlations, trends and patterns (big data analytics);

B.   whereas certain big data use cases involve the training of artificial intelligence appliances, such as neuronal networks, and statistical models in order to predict certain events and behaviours; whereas the training data are often of questionable quality and not neutral;

C.   whereas the progress of communication technologies and the ubiquitous use of electronic devices, monitoring gadgets, social media, web interactions and networks, including devices which communicate information without human interference, have led to the development of massive, ever-growing data sets which, through advanced processing techniques and analytics, provide unprecedented insight into human behaviour, private life and our societies;

D.   whereas the intelligence services of third countries and Member States have increasingly been relying on the processing and analytics of such datasets, which are either not covered by any legal framework or, most recently, have been the subject of legislation the compatibility of which with Union primary and secondary law raises concerns and is yet to be ascertained;

E.   whereas the increase in bullying, violence against women and the vulnerability of children is also taking place on the internet; whereas the Commission and the Member States should adopt all the requisite legal measures to combat these phenomena;

F.   whereas an increasing number of corporations, businesses, bodies and agencies, governmental and non-governmental organisations (as well as the public and private sectors in general), political leaders, civil society, academia, the scientific community and citizens as a whole have taken advantage of such data sets and big data analytics to bolster competitiveness, innovation, market predictions, political campaigns, targeted advertising, scientific research and policymaking in the field of transport, taxation, financial services, smart cities, law enforcement, transparency, public health and disaster response, and to influence elections and political outcomes through, for instance, targeted communications;

G.   whereas the big data market is growing as a result of the technology and the process of data-driven decision-making being increasingly accepted as providing solutions; whereas there is not yet the methodology to make an evidence-based assessment of the total impact of big data, but there is evidence to suggest that big data analytics can have a significant horizontal impact across both the public and private sectors; whereas the Commission’s Digital Single Market Strategy for Europe recognises the potential of data-driven technologies, services and big data to act as a catalyst for economic growth, innovation and digitalisation in the EU;

H.   whereas big data analytics generates added value in a variety of ways, with numerous positive examples, entailing significant opportunities for citizens, e.g. in the areas of healthcare, the fight against climate change, the reduction of energy consumption, improvements to transport safety and the enablement of smart cities, thereby improving business optimisation and efficiency and contributing to improved working conditions and detecting and combating fraud; whereas big data can provide a competitive advantage to the decision-making processes of European companies, while the public sector can benefit from greater efficiency thanks to greater insights into the different levels of socio-economic developments;

I.   whereas big data has the aforementioned potential for citizens, academia, the scientific community and the public and private sectors, but also entails significant risks, namely with regard to the protection of fundamental rights, such as the right to privacy, data protection and data security, but also freedom of expression and non-discrimination, as guaranteed by the EU Charter of Fundamental Rights and Union law; whereas pseudonymisation and encryption techniques can mitigate risks related to big data analytics and therefore play an important role in safeguarding the privacy of the data subject, while also fostering innovation and economic growth; whereas these elements are to be considered as part of the current revision of the e-privacy Directive;

J.   whereas the pervasiveness of sensors, extensive routine data production and contemporary data-processing activities are not always sufficiently transparent, posing challenges to the capacity of individuals and authorities to assess the processes and purpose of the collection, compilation, analysis and use of personal data; whereas a blurring between personal and non-personal data can be seen to emerge from the use of big data analytics, which may lead to new personal data being created;

K.   whereas the big data sector is growing by 40 % per year, seven times faster than the IT market; whereas the concentration of large datasets produced by new technologies offers crucial information for large corporations, triggering unprecedented shifts in the balance of power between citizens, governments and private actors; whereas such concentration of power in the hands of corporations might consolidate monopolies and abusive practices and have a detrimental effect on consumers’ rights and fair market competition; whereas the interests of the individual and the protection of fundamental rights should be further scrutinized in the context of big data mergers;

L.   whereas big data has huge untapped potential as a driver of productivity and a means of offering better products and services to citizens; underlines, however, that the generalised use of smart devices, networks and web applications by citizens, businesses and organisations does not necessarily indicate satisfaction with the products offered, but rather a broader understanding that these services have become indispensable to live, communicate and work, despite a lack of understanding about the risks that they might pose to our well-being, security and rights;

M.   whereas a distinction should be made between data quantity and data quality in order to facilitate the effective use of big data (algorithms and other analytical tools); whereas low-quality data and/or low-quality procedures behind decision-making processes and analytical tools could result in biased algorithms, spurious correlations, errors, an underestimation of the legal, social and ethical implications, the risk of data being used for discriminatory or fraudulent purposes and the marginalisation of the role of humans in these processes, leading to flawed decision-making procedures that have a detrimental impact on the lives and opportunities of citizens, in particular marginalised groups, as well as bringing about a negative impact on societies and businesses;

N.   whereas algorithmic accountability and transparency should mean implementing technical and operational measures that ensure transparency, the non-discrimination of automated decision-making and the calculating of probabilities of individual behaviour; whereas transparency should give individuals meaningful information about the logic involved, the significance and the envisaged consequences; whereas this should include information about the data used for training big data analytics and allow individuals to understand and monitor the decisions affecting them;

O.   whereas data analysis and algorithms increasingly impact on the information made accessible to citizens; whereas such techniques, if misused, may endanger fundamental rights to information as well as media freedom and pluralism; whereas the system of public broadcasting in Member States is directly related to the democratic, social and cultural needs of each society and to the need to preserve the plurality of the media, as stated in the Protocol on the system of public broadcasting in the Member States to the Amsterdam Treaty (11997D/PRO/09);

P.   whereas the proliferation of data processing and analytics, the sheer number of actors involved in collecting, retaining, processing, storing and sharing data and the combination of large data sets containing personal and non-personal data from a variety of sources, while entailing significant opportunities, have all created great uncertainty for citizens and the public and private sectors alike over the specific requirements for compliance with current EU data-protection law;

Q.   whereas there is a plethora of unstructured legacy systems containing vast volumes of data collected by companies over many years, with unclear data governance systems that should be systematically brought into compliance;

R.   whereas closer cooperation and coherence between different regulators and supervisory competition, consumer protection and data protection authorities at national and EU level should be encouraged, in order to ensure a consistent approach to and understanding of the implications of big data for fundamental rights; whereas the establishment and further development of the Digital Clearing House(8) as a voluntary network of enforcement bodies can contribute to enhancing their work and their respective enforcement activities and can help deepen the synergies and the safeguarding of the rights and interests of individuals;

General considerations

1.   Stresses that the prospects and opportunities of big data can only be fully tapped into by citizens, the public and private sectors, academia and the scientific community when public trust in these technologies is ensured by a strong enforcement of fundamental rights and compliance with current EU data protection law and legal certainty for all actors involved; stresses that the processing of personal data can only be done pursuant to any of the legal bases laid down in Article 6 of Regulation (EU) 2016/679; considers that it is crucial that transparency and the proper provision of information to the audiences concerned are key to building public trust and to the protection of individual rights;

2.   Underlines that compliance with the existing data protection legislation, together with strong scientific and ethical standards, are key to establishing trust in and the reliability of big data solutions; further emphasises that information revealed by big data analysis does not offer an impartial overview of any subject matter and is only as reliable as the underlying data permits; highlights that predictive analysis based on big data can only offer a statistical probability and therefore cannot always accurately predict individual behaviour; stresses, therefore, that strong scientific and ethical standards are vital for managing data collection and judging the results of such analysis;

3.   Points out that sensitive information about persons can be inferred from non-sensitive data, which blurs the line between sensitive and non-sensitive data;

4.   Stresses that individuals’ poor knowledge and understanding about the nature of big data allows personal information to be used in unintended ways; notes that education and awareness about fundamental rights is of primary importance in the EU; urges the EU institutions and Member States to invest in digital literacy and awareness-raising about digital rights, privacy and data protection among citizens, including children; underlines that such education should address the understanding of the principles/logic of how algorithms and automated decision-making processes work and how to meaningfully interpret them; stresses, moreover, the need to educate with a view to fostering understanding on where and how data streams are collected (i.e. web scraping, combining streaming data with data from social networks and connected devices and aggregating that information into a new data stream);

Big data for commercial purposes and in the public sector

Privacy and data protection

5.   Points out that Union law on the protection of privacy and personal data, the right to equality and non-discrimination, as well as the right of individuals to receive information about the logic involved in automated decision-making and profiling and the right to seek judicial redress are applicable to data processing when processing is preceded by pseudonymisation techniques or, in any case, when the use of non-personal data might impact on individuals’ private lives or other rights and freedoms, leading to the stigmatisation of whole groups of the population;

6.   Underlines that the Digital Single Market must be built on reliable, trustworthy and high-speed networks and services that safeguard the fundamental rights of the data subject to data protection and privacy, while also encouraging innovation and big data analytics in order to create the right conditions and a level playing field to boost the European digital economy;

7.   Further highlights the possibility of re-identifying individuals by correlating different types of anonymised data; underlines that Union law for the protection of privacy and personal data applies to the processing of such correlated data only when an individual is indeed re-identifiable;

8.   Stresses that the aforementioned principles should serve as a framework for the decision-making procedures of the public and private sectors and other actors that use data; emphasises the need for much greater algorithmic accountability and transparency with regard to data processing and analytics by the private and public sectors and any other actors using data analytics, as an essential tool to guarantee that the individual is appropriately informed about the processing of their personal data;

9.   Highlights the fundamental role that the Commission, the European Data Protection Board, national data protection authorities and other independent supervisory authorities should play in the future to promote transparency and due process, legal certainty in general and, more specifically, concrete standards that protect fundamental rights and guarantees associated with the use of data processing and analytics by the private and public sector; calls for closer collaboration among regulators of conduct in the digital environment, so as to strengthen the synergies between regulatory frameworks for consumers and competition and data protection authorities; calls for adequate funding and staffing of such authorities; acknowledges, moreover, the need for the establishment of a Digital Clearing House;

10.   Underlines that the intrinsic purpose of big data should be to achieve comparable correlations with as few personal data as possible; stresses, in this regard, that science, business and public communities should focus on research and innovation in the area of anonymisation;

11.   Recognises that the application of pseudonymisation, anonymisation or encryption to personal data can reduce the risks to the data subjects concerned when personal data are used in big data applications; further highlights the advantages of pseudonymisation provided for by the GDPR as an appropriate safeguard; recalls that anonymisation is an irreversible process by which personal data can no longer be used alone to identify or single out a natural person; takes the view that contractual obligations should ensure that anonymised data will not be re-identified using additional correlations by combining different data sources; calls on the private and the public sector and other actors involved in the analysis of big data to regularly review such risks in the light of new technologies and to document the appropriateness of the measures adopted; calls on the Commission, the European Data Protection Board and other independent supervisory authorities to prepare guidelines on how to properly anonymise data in order to avoid future abuses of these measures and to monitor practices;

12.   Urges the private and public sectors and other data controllers to make use of instruments provided for by the GDPR, such as codes of conduct and certification schemes, in order to seek greater certainty over their specific obligations under Union law and to bring their practices and activities into compliance with the appropriate EU legal standards and safeguards;

13.   Calls on the Commission and Member States to ensure that data-driven technologies do not limit or discriminate access to a pluralistic media environment, but rather foster media freedom and pluralism; emphasises that cooperation between governments, educational institutions and media organisations will play a pivotal role in ensuring that digital media literacy is supported in order to empower citizens and protect their rights to information and freedom of expression;

14.   Takes the view that the publication of personal data by public authorities for reasons of public interest, such as the prevention of corruption, conflicts of interest, tax fraud and money laundering, may be admissible in a democratic society, provided that the data is disclosed pursuant to conditions laid down by the law, that the appropriate safeguards are in place and that such publication is necessary for and proportionate to the desired aimed;

Security

15.   Recognises the added value of the technological development that will contribute to improving security; acknowledges that some of the most pressing risks associated with data processing activities, such as big data techniques (especially in the context of the Internet of things), which are a matter of concern for individuals, include security breaches, unauthorised access to data and unlawful surveillance; believes that tackling such threats without abusing fundamental rights requires genuine and concerted cooperation between the private and public sectors, law enforcement authorities and independent supervisory authorities; stresses, in this regard, that specific attention should be paid to the security of e-government systems, as well as to additional legal measures such as software liability;

16.   Takes the view that the use of end-to-end encryption should also be encouraged and, where necessary, mandated in accordance with the principle of data protection by design; recommends that any future legislative framework to this end specifically prohibits encryption providers, communications service providers and all other organisations (at all levels of the supply chain) from allowing or facilitating ‘backdoors’;

17.   Highlights that heightened data generation and data flows entail further vulnerabilities and new information security challenges; calls, in this context, for the use of privacy by design and default, anonymisation techniques where appropriate, encryption techniques, and mandatory privacy impact assessments; stresses that such measures should be applied by all actors involved in big data analytics in the private and public sectors and other actors dealing with sensitive data, such as lawyers, journalists and people working in the health sector so as to ensure that big data does not increase exposure to information security risks;

18.   Recalls that in accordance with Article 15 of Directive 2000 /31/EC, Member States shall neither impose a general obligation on the providers of transmission, storage and hosting services to monitor the information which they transmit or store, nor a general obligation to actively seek facts or circumstances suggesting illegal activity; reiterates in particular that the Court of Justice of the European Union, in the cases C-360/10 and C-70/10, rejected measures for the ‘active monitoring’ of almost all users of the services concerned (internet access providers in one case, a social network in the other) and specified that any injunction requiring a hosting services provider to undertake general monitoring shall be precluded;

Non- discrimination

19.   Stresses that, because of the data sets and algorithmic systems used when making assessments and predictions at the different stages of data processing, big data may result not only in infringements of the fundamental rights of individuals, but also in differential treatment of and indirect discrimination against groups of people with similar characteristics, particularly with regard to fairness and equality of opportunities for access to education and employment, when recruiting or assessing individuals or when determining the new consumer habits of social media users;

20.   Calls on the Commission, the Member States and the data protection authorities to identify and take any possible measures to minimise algorithmic discrimination and bias and to develop a strong and common ethical framework for the transparent processing of personal data and automated decision-making that may guide data usage and the ongoing enforcement of Union law;

21.   Calls on the Commission, the Member States and the data protection authorities to specifically evaluate the need not only for algorithmic transparency, but also for transparency about possible biases in the training data used to make inferences based on big data;

22.   Recommends that businesses conduct regular assessments into the representativeness of data sets, consider whether data sets are affected by biased elements, and develop strategies to overcome those biases; highlights the need to review the accuracy and meaningfulness of data analytics predictions on the basis of fairness and ethical concerns;

Big Data for scientific purposes

23.   Stresses that big data analytics can be beneficial for scientific development and research; believes that the development and use of big data analytics for scientific purposes should be conducted with due regard for the fundamental values enshrined in the Charter of Fundamental Rights and in compliance with current EU data protection legislation;

24.   Recalls that under the GDPR, the further processing of personal data for statistical purposes may only result in aggregate data which cannot be re-applied to individuals;

Big data for law enforcement purposes

Privacy and data protection

25.   Reminds all law enforcement actors that use data processing and analytics that Directive (EU) 2016/680: governs the processing of personal data by Member States for law enforcement purposes; requires that the collection and processing of personal data for law enforcement purposes must always be adequate, relevant and not excessive in relation to the specified, explicit and legitimate purposes for which they are processed; states that the purpose of and need for the collection of these data must be clearly proven; states that any decision based solely on automated processing, including profiling, which produces an adverse legal effect on the data subject or significantly affects him or her, is prohibited, unless authorised by Union or Member State law to which the controller is subject and which provides appropriate safeguards for the rights and freedoms of the data subject, at least the right to obtain human intervention on the part of the controllers; calls on the Commission, the European Data Protection Board and other independent supervisory authorities to issue guidelines, recommendations and best practices in order to further specify the criteria and conditions for decisions based on profiling and the use of big data for law enforcement purposes;

26.   Stresses the importance of compliance with Directive (EU) 2016/680 as regards the carrying out of prior impact assessments and audits that take account of ethical concerns in order to assess the inclusiveness, accuracy and quality of data, and to ensure that individuals targeted by the decisions and/or actors involved in the decision-making processes are able to understand and challenge the collection or analysis, patterns and correlations and to prevent any harmful effects on certain groups of individuals;

27.   Points out that the trust of citizens in digital services can be seriously undermined by government mass surveillance activities and the unwarranted accessing of commercial and other personal data by law enforcement authorities;

28.   Recalls that legislation permitting public authorities to gain access to the contents of electronic communications on a generalised basis must be regarded as compromising the essence of the fundamental right to respect for one’s private life, as guaranteed by Article 7 of the Charter;

29.   Stresses the need for guidelines and systems to be incorporated into public tenders for data processing models, tools and programmes based on big data for law enforcement purposes in order to ensure that the underlying code can be and is checked by the law enforcement authority prior to final purchase and can be verified for its suitability, correctness and security, bearing in mind that transparency and accountability are limited by proprietary software; points out that certain models of predictive policing are more privacy-friendly than others, such as where probabilistic predictions are made about places or events and not about individual persons;

Security

30.   Underlines the absolute need to protect law enforcement databases from security breaches and unlawful access since this is a matter of concern for individuals; believes, therefore, that tackling such risks requires concerted and effective cooperation between law enforcement authorities, the private sector, governments and independent supervisory data protection authorities; insists on the need to guarantee adequate security for personal data, in accordance with Regulation (EU) 2016/679 and Directive (EU) 2016/680, as well as to minimise vulnerabilities through secured and decentralised database architectures;

Non-discrimination

31.   Warns that, owing to the intrusiveness of the decisions and measures taken by law enforcement authorities – including by means of data processing and data analytics – into the lives and rights of citizens, maximum caution is required in order to prevent unlawful discrimination and the targeting of certain individuals or groups of people defined by reference to race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, property, birth, disability, age, gender, gender expression or identity, sexual orientation, residence status, health or membership of a national minority which is often the subject of ethnic profiling or more intense law enforcement policing, as well as individuals who happen to be defined by particular characteristics; calls for proper training for the frontline collectors of data and users of intelligence derived from the data analysis;

32.   Calls on the Member States’ law enforcement authorities that make use of data analytics to uphold the highest standards of ethics when analysing data and to ensure human intervention and accountability throughout the different decision-making stages, not only to assess the representativeness, accuracy and quality of the data, but also to assess the appropriateness of each decision to be taken on the basis of that information;

o
o   o

33.   Instructs its President to forward this resolution to the Council and the Commission.

(1) OJ L 119, 4.5.2016, p. 1.
(2) OJ L 119, 4.5.2016, p. 89.
(3) http://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/108
(4) https://search.coe.int/cm/Pages/result_details.aspx?ObjectID=09000016805cdd00
(5) https://secure.edps.europa.eu/EDPSWEB/webdav/site/mySite/shared/Documents/ Consultation/Opinions/2015/15-11-19_Big_Data_EN.pdf
(6) https://secure.edps.europa.eu/EDPSWEB/webdav/site/mySite/shared/Documents/ Consultation/Opinions/2016/16-09-23_BigData_opinion_EN.pdf
(7) http://ec.europa.eu/justice/data-protection/article-29/documentation/opinion-recommendation/files/2014/wp221_en.pdf
(8) Opinion 8/2016 of the European Data Protection Supervisor of 23 September 2016, p. 15.


Minimum standards for the protection of farm rabbits
PDF 194k   DOC 56k
European Parliament resolution of 14 March 2017 on minimum standards for the protection of farm rabbits (2016/2077(INI) )
P8_TA(2017)0077 A8-0011/2017

The European Parliament,

–   having regard to Articles 13 and 43 of the Treaty on the Functioning of the European Union (TFEU),

–   having regard to Council Directive 2008/120/EC of 18 December 2008 laying down minimum standards for the protection of pigs,

–   having regard to Council Directive 2008/119/EC of 18 December 2008 laying down minimum standards for the protection of calves,

–   having regard to Council Directive 1999/74/EC of 19 July 1999 laying down minimum standards for the protection of laying hens,

–   having regard to Council Directive 2007/43/EC of 28 June 2007 laying down minimum rules for the protection of chickens kept for meat production,

–   having regard to Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes,

–   having regard to the Special Eurobarometer 442, entitled ‘Attitudes of Europeans towards Animal Welfare’, published in March 2016,

–   having regard to the European Food Safety Authority’s (EFSA) Scientific Opinion Concerning the Welfare of Animals during Transport of 12 January 2011,

–   having regard to EFSA’s Scientific Opinion on ‘The impact of the current housing and husbandry systems on the health and welfare of farmed domestic rabbits’ of 11 October 2005,

–   having regard to Chapter 7.5 of the World Organisation for Animal Health’s (OIE) Terrestrial Animal Health Code, entitled ‘Slaughter of animals’,

–   having regard to the UK Government’s Code of Recommendations for the Welfare of Rabbits,

–   having regard to Rule 52 of its Rules of Procedure,

–   having regard to the report of the Committee on Agriculture and Rural Development (A8-0011/2017 ),

A.   whereas rabbits are the fourth most farmed animal in the world and the second most farmed species in the EU in terms of numbers;

B.   whereas European producers are required to meet high standards of animal health and welfare that are not always compulsory in third countries exporting animals for slaughter to the EU;

C.   whereas consumers are becoming increasingly attentive to the conditions under which animals are being reared;

D.   whereas rabbit farming has been very hard-hit by the decline in meat consumption in the European Union and the economic crisis in farming and whereas sales prices have fallen by some 20 % in three years, while production costs have remained constant;

E.   whereas account should be taken of the nutritional contribution made by rabbit meat and the role its production plays in family-run businesses, accounting for a significant share of jobs for women in many rural areas where there are few possibilities for livestock diversification;

F.   whereas just as much account should be taken of the welfare of farmers as of animal welfare;

G.   whereas the majority of rabbits are farmed for meat production, with over 340 million rabbits slaughtered for meat ever year; whereas rabbit farming represents less than 1 % of the EU’s final livestock production;

H.   whereas the rabbit farming sector in the EU faces a steady decline and the figures for 2016 point to a 4,7  % fall in production owing to a consumer trend of declining rabbit meat consumption; whereas the rabbit farming sector operates in global market conditions and does not benefit from direct aid or market interventions under Pillar I of the Common Agricultural Policy;

I.   whereas the EU has a negative trade balance with China with regard to rabbit meat; whereas 99 % of rabbit meat imports into the EU originate from China; whereas Chinese producers will out-compete EU farmers, with adverse animal welfare implications, if no action is taken;

J.   whereas it is both important and necessary to achieve and maintain profitable rabbit production so that it can continue to help preserve the rural fabric and employment, particularly for women, in areas where other types of production are not possible, as well as continuing to offer varied, high-quality food to consumers;

K.   whereas the European Union is the prime producer of rabbits in the world, ahead of Asia and particularly China, which, producing 417 000 tonnes of carcasses, is the biggest exporter;

L.   whereas rabbit farmers and the sector as a whole have an interest in ensuring that rabbit breeding in line with the European production model continues to uphold the highest standards in the world with regard to food safety, animal health and welfare and respect for the environment;

M.   whereas European rabbit farming is based on the coexistence of different production systems, and whereas rabbit farming is an important way of diversifying the income of many small farms throughout the territory;

N.   whereas, with a mean consumption of 1,70 kg per inhabitant, rabbit meat is one of the least consumed meats in the Union (between 1 % and 2 % of all meat consumed);

O.   whereas there are grave concerns regarding the poor welfare, high stress levels and high mortality and morbidity rates of farm rabbits in Europe, as already concluded by EFSA in 2005; whereas the housing, feeding, genetics, health aspects and optimisation of the emotional state of rabbits kept for farming purposes are vital questions for stakeholders involved in rabbit farming, especially with regard to maintaining animal health and welfare;

P.   whereas, since their domestication, the majority of rabbits in the EU are usually kept in battery cages, which can – and often do – vary from country to country in terms of their specifications;

Q.   whereas the rabbit, like other species that coexist with humans, keeps elements of its natural behaviour, and further research therefore needs to be carried out on measures and conditions that can be implemented during rearing to ensure that rabbits are able to maintain their natural behaviour as far as possible, provided that this has a positive impact on their own health;

R.   whereas, for the purposes of intensive farming, breeds of rabbit which grow quickly and early – formerly called ‘meat rabbits’ – are used, in particular commercial hybrids used on industrial breeding farms for the production of meat animals;

S.   whereas organic production systems where fattening rabbits are kept in group pens with access to a small area of pasture and more space overall are a possible alternative to battery farming, although such group housing systems may pose problems in relation to negative social interactions and aggressiveness among the animals, causing lesions that affect their health and welfare and an increase in diseases transmitted through the oro-faecal route;

T.   whereas some national rules on organic production advocate that rabbits be raised in group pens equipped with access to a small area of pasture at the base of the pen;

U.   whereas, as in the case of other species such as poultry, research could be undertaken into alternative production systems, including organic production systems, that can offer consumers a wider range of food products and have hitherto been developed only to a limited extent;

V.   whereas, having regard to the above, further research should be carried out on the challenges and opportunities of group housing systems;

W.   whereas the sector’s low level of economic significance in the EU represents a strong disincentive for research and innovation aimed at improving rabbit health and welfare;

X.   whereas there are minimum EU standards for the protection of pigs(1) , calves(2) , laying hens(3) and broiler chickens(4) , as well as the general Council Directive for the protection of animals kept for farming purposes(5) , but there is no specific EU legislation on minimum standards for the protection of farmed rabbits; whereas increasing numbers of consumers and citizens across the EU are asking for regulation and better welfare for farm rabbits;

Y.   whereas the ban on the conventional caging of laying hens under Directive 1999/74/EC is now in force and has for the most part been successfully transposed in the Member States;

Z.   whereas some Member States have national legislation and legal requirements for rabbit farming and have developed guides of best practice in collaboration with the sector; whereas in 2012 Austria banned the keeping of rabbits in cages for meat production and Belgium has legislation in force that aims to phase out battery cages and replace them with park systems by 2025;

AA.   whereas the European Animal Welfare Strategy argued that existing legislation should be fully implemented before introducing more legislation, and that the development of guides to best practice should be encouraged;

AB.   whereas, considering the demand for a transition to alternative production systems and given the modest economic weight of rabbit farming in European animal production, the Member States and the Commission should be encouraged to undertake further research in the areas of rabbit health, welfare, rearing, housing, nutrition, behaviour and stunning;

AC.   whereas EFSA’s Scientific Opinion of 2005 on housing and husbandry systems for farmed rabbits recommended increases in cage size, lower maximum stocking densities for growing animals and therapeutic interventions, including the use of additives to reduce disease;

AD.   whereas the recommendations of the OIE’s Terrestrial Animal Health Code on animal slaughter, including methods of stunning and knowledge requirements for operators, apply to rabbits;

AE.   whereas Article 3 of Council Directive 98/58/EC on animal welfare requires ‘all reasonable steps’ to be taken to ensure the welfare of animals, and Article 4 defines standards for keeping animals in terms of ‘established experience and scientific knowledge’, which includes standards laid down by EFSA and the OIE;

General remarks

1.   Notes that rabbits in the EU are usually reared in conventional unenriched cages, a barren environment that only has a drinker and feeder and which does not meet the conditions for optimal farming according to the latest scientific findings; also notes that rabbits are sometimes exclusively fed on pellets, without access to fibrous material, and that the close confines of barren wire cages can lead to abnormal behaviour;

2.   Notes that further scientific research is needed into housing systems which could promote health quality and limit the risk that animals may become diseased or infected;

3.   Acknowledges that alternatives to cage farming of rabbits are being successfully implemented, such as park farming or hutch systems, with grass as the main feed, which improve the comfort and welfare of farmed rabbits; considers that alternative systems should be developed, improved and encouraged whilst recognising that demand for rabbit meat from such systems could to some extent be limited by the impact of additional production costs on the price charged to the consumer;

4.   Encourages the use of collective park systems for rabbits because they allow more generous living space, permitting social and locomotive behaviour; points out that the use of collective park systems improves the welfare of farm rabbits by allowing them an existence more closely resembling their natural state; stresses that animal health also depends on two important farming practices, namely the ambient conditions of buildings and the development of adequate husbandry, bio-security and management practices;

5.   Calls on the Member States and the Commission to undertake further research for the purpose of finding the best possible housing systems to improve animal welfare in different types of farming, making it possible to implement improvements to farms whilst at the same time guaranteeing their sustainability;

6.   Stresses that all rabbit meat on the EU market must adhere to high food safety and quality standards and animal welfare criteria, including imports from third countries; highlights the dangers of unfair competition from third countries if equivalent standards and criteria are not applied to imports;

7.   Calls on the Commission and the Member States to preserve the quality and safety of rabbit meat imports by undertaking thorough controls and inspections when these imports enter the Union;

8.   Welcomes the establishment of the European platform on animal welfare and calls on the Commission and the Member States to exchange and highlight codes of practice on rabbit farming;

Rabbit breeding

9.   Emphasises that the breeding of rabbits in the EU is highly intensified, although the conditions in which rabbits are bred and kept vary, owing to differences in the aims of rabbit breeding and in consumer requirements between markets and Member States;

10.   Points out that cage size varies according to the animals’ age and weight and that this influences movements such as stretching out, sitting and standing with their ears erect (a ‘lookout’ posture typical of the species), rearing up, turning around comfortably and hopping; underlines that this lack of exercise can also lead to weakened bones, stereotypic behaviour and footpad lesions;

11.   Stresses that housing systems have improved over time to incorporate new arrangements such as footrests, with the aim of reducing foot lesions and improving welfare; points out, however, that some of the older models of cage used may have an unsuitable design by modern standards;

12.   Notes with concern that there is an intrinsically high rate of disease and mortality amongst farm rabbits owing to factors such as higher parasite infection rates (coccidiosis, pinworms, etc.) and susceptibility to infectious diseases such as HDV and myxomatosis;

13.   Points out that EFSA concluded in 2005 that the mortality and morbidity rates of farmed rabbits seemed considerably higher than in other farmed animal species owing to enteric and respiratory infections and reproductive problems; notes equally that the same EFSA report warned of the higher risks to rabbit health arising from production on the ground in comparison with cages, specifically owing to coccidiosis and parasite infections;

14.   Welcomes the progress made by many producers in introducing improvements to the design of housing systems in line with EFSA’s recommendations; expresses its concern, however, about the scant amount of treatment and research aimed at tackling diseases among farm rabbits;

Rabbit rearing

15.   Expresses its concern that rabbits reared and fattened for meat production in the EU and kept in old-fashioned cages which do not conform to modern farming requirements are being provided with a space per rabbit that is less than the area of two ordinary A4 sheets of paper;

16.   Points out that rabbits are extremely sensitive animals and can suffer from a wide range of welfare problems and diseases caused by inappropriate breeding conditions, including fatal viruses, respiratory diseases and sore hocks from sitting on wire-mesh cage floors;

17.   Points out that few therapeutic tools are available to rabbit farmers and veterinarians to tackle the health problems that arise and that more efforts are needed to tackle lack of research and investment in medicines for treating minor uses and minor species;

18.   Notes also that nutrition has a high impact on animal welfare and animal health, and therefore considers that rabbits should have permanent access to a balanced diet with proper fibrous doses;

19.   Notes, nevertheless, that health risks are limited thanks to very strict EU health rules and stresses that under legislation in force (Directive 98/58/EC) sick animals should immediately receive medical treatment, accompanied by isolation of the animal during its convalescence or followed by euthanasia if necessary;

20.   Recognises the importance of providing training courses for people involved in all aspects of animal handling in rabbit farming, and good practice guides based on reliable technical and scientific analyses, in order to improve their performance and understanding of the relevant animal welfare requirements and thereby avoid unnecessary suffering for animals;

21.   Points out that rabbits weaned for fattening and does kept in alternative collective park systems, which typically provide 750 cm²/rabbit for growers and 800 cm²/rabbit for does, benefit from more space for movement, social interaction and play, and that platforms in collective park systems allow rabbits to avoid aggressors by getting out of the way, with separate housing for does when they are nursing a litter;

22.   Acknowledges that such systems will cause farms to incur costs, which needs to be taken into account by providing financial assistance to farmers who opt for this system for raising rabbits; invites the Commission to support the rabbit farming sector in future EU budgets; notes that financial support is available under rural development programmes to support those farmers who apply animal welfare measures that improve the welfare of rabbits;

23.   Points out that any compulsory measure initiated will have to be backed up by the budget necessary to support rabbit breeders; also maintains that a specific heading should be included for the purpose of promoting the consumption of rabbit meat;

24.   Underlines that more research into the group housing of does would benefit their welfare, in particular with regard to the time during which does have to be kept in separate housing and when to subsequently reintroduce them into the group;

25.   Advises that male rabbits over 12 weeks of age which are kept for breeding should always be housed separately in any system, owing to problems of aggression;

Transport and slaughtering

26.   Points out that transport is a stressful experience for rabbits; underlines that rabbits should be fed and watered before long-distance transport and be provided with adequate food, water and space in transit, and that transport times should be as limited as possible, owing to the sensitivity of the species; emphasises that there are a huge variety of stress factors that affect animal welfare such as heat, starvation, dehydration, pain and trauma, cold, motion sickness and fear;

27.   Stresses that the welfare of farm rabbits during transport and slaughtering also depends on the attitudes and handling procedures used by farmers, hauliers and abattoir personnel, as well as the transport logistics; calls on the Commission to monitor the implementation and enforcement of the relevant EU legislation, especially Council Regulation (EC) No 1/2005 on the protection of animals during transport;

28.   Stresses that rabbits should be fully stunned before slaughter, ensuring that they undergo no suffering, pain or stress; recalls that slaughter must be carried out without risk of the stunned animal regaining consciousness in line with Council Regulation (EC) No 1099/2009 on the protection of animals at the time of killing; recalls that the development of practical research into stunning techniques used on other species would make it possible to establish electric or other stunning methods, such as stunning with a mixture of gases, appropriate to the specific characteristics of rabbits, which may be commercially viable as well as more humane;

Antimicrobial resistance

29.   Recognises the efforts of European producers to reduce the use of antibiotics in rabbit farming; stresses that the widespread use of antibiotics in rabbit farming, especially in intensive types of farming, can lead to an increase in antimicrobial resistance;

30.   Notes that strong reliance on antibiotics can lead to an increase in antimicrobial resistance, making it vital to move towards more responsible use; takes the view that rabbit farming is part of this situation alongside other animal production sectors and that it must also make a significant effort to promote responsible use of antibiotics in order to maintain efficacy and to prevent antimicrobial resistance;

31.   Emphasises that in order to reach and maintain high standards of hygiene in all farming systems, mainly by means of the development of preventive measures and targeted checks, Member States should be encouraged to gradually phase out the use of conventional battery cages across the EU, whilst promoting economically viable enriched farming systems;

32.   Stresses that antibiotics must be used only for treatment purposes and should be followed by the appropriate withdrawal period before slaughter in accordance with Regulation (EC) No 470/2009 of the European Parliament and of the Council on residue limits of pharmacologically active substances in foodstuffs of animal origin, in order to guarantee that rabbit meat is safe;

33.   Emphasises that reducing the use of antibiotics, and the positive impact that this will have on public health, can only be achieved if stronger emphasis is placed on the management and monitoring of rabbit farms;

Conclusions

34.  Encourages the Commission, in the light of the high number of rabbits being farmed and slaughtered in the EU and the severe animal welfare implications of the systems currently used for keeping rabbits, to draw up a roadmap towards financially sustainable minimum standards for the protection of farm rabbits; emphasises that this roadmap should contain measurable milestones with regular reporting, and, in chronological order, should consist, as a minimum, of:

   the drafting of guidelines containing good practices and establishing animal welfare rules for rabbits in cooperation with all those involved in production and other stakeholders in the rabbit farming sector,
   a Commission Recommendation, taking into consideration existing national measures, containing, where appropriate, proposals for a common EU approach, in particular with regard to rabbit health, welfare and housing,
   within an appropriate timeframe, a legislative proposal on minimum standards for the protection of farm rabbits;

35.   Invites the Commission to use scientific evidence and findings as the basis when proposing measures for housing requirements for breeding does and for rabbits reared for meat production, giving due consideration to the biological needs of the animals and their species-specific behaviour for such housing requirements;

36.   Believes that the requirements in Articles 3 and 4 of Directive 98/58/EC for ‘all reasonable steps’ to be taken for animal welfare and defining standards in accordance with ‘established experience and scientific knowledge’ should be used to enforce the scientific recommendations on rabbit welfare laid down by EFSA and the OIE;

37.   Points out that a balance must be kept between the various aspects to be taken into consideration, as regards animal welfare and health, the financial situation and working conditions of farmers, sustainability of production, environmental impact and consumer protection; points out also that account must be taken of consumer needs for affordable, high-quality rabbit meat;

38.   Stresses that the CAP’s aim is to supply agricultural and food products to consumers across the EU whilst taking into account their needs and wishes for healthy and high-quality agricultural and food products at affordable prices;

39.   Encourages the Member States and the sector to create clear systems of production labelling and to make use of labelling schemes as laid down in Chapter V of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, to ensure greater market transparency, uphold quality standards and protect consumer health, thereby allowing consumers to make informed and transparent purchasing choices, while highlighting the provenance of the product and protecting it from unfair competition;

40.   Stresses that all existing rules should be harmonised at EU level; underlines that exchanging information for the purpose of drawing up good practice guides and support of national guidelines are crucial to this process;

41.   Encourages all Member States to bring their provisions into line with the existing rabbit welfare provisions laid down by Austria, Belgium, Germany and the United Kingdom, in the interests of a level playing field;

42.  Acknowledges the need for further scientific research into rabbit farming, considering the demand for a transition to alternative production systems; encourages the Member States and the Commission to give dedicated budgetary support to and undertake research into:

   health of farm rabbits,
   welfare of farm rabbits,
   housing for farm rabbits,
   breeding of farm rabbits, including breeding of rabbits from genetic strains with calmer temperaments,
   rearing of farm rabbits,
   behaviour of farm rabbits,
   nutrition for farm rabbits,
   species-specific diseases, morbidity and mortality of farm rabbits,
   appropriate medicinal products, vaccines and treatments for farm rabbits, taking into account the increasing problems of antimicrobial resistance,
   appropriate species-specific humane stunning methods for farm rabbits;

43.   Calls on the Commission and the Member States to provide data on rabbit meat production and trade and to include rabbit meat in the European Meat Market Observatory;

o
o   o

44.   Instructs its President to forward this resolution to the Council and the Commission.

(1) Council Directive 2008/120/EC of 18 December 2008 laying down minimum standards for the protection of pigs (OJ L 47, 18.2.2009, p. 5).
(2) Council Directive 2008/119/EC of 18 December 2008 laying down minimum standards for the protection of calves (OJ L 10, 11.1.2009, p. 7).
(3) Council Directive 1999/74/EC of 19 July 1999 laying down minimum standards for the protection of laying hens (OJ L 203, 3.8.1999, p. 53).
(4) Council Directive 2007/43/EC of 28 June 2007 laying down minimum rules for the protection of chickens kept for meat production (OJ L 182, 12.7.2007, p. 19).
(5) Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes (OJ L 221, 8.8.1998, p. 23).

Last updated: 19 June 2018Legal notice