Procedure : 2015/0275(COD)
Document stages in plenary
Document selected : A8-0034/2017

Texts tabled :

A8-0034/2017

Debates :

PV 14/03/2017 - 4
CRE 14/03/2017 - 4

Votes :

PV 14/03/2017 - 6.6
CRE 14/03/2017 - 6.6

Texts adopted :


REPORT     ***I
PDF 1730kWORD 278k
9 February 2017
PE 580.497v02-00 A8-0034/2017

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))

Committee on the Environment, Public Health and Food Safety

Rapporteur: Simona Bonafè

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 MINORITY OPINION
 OPINION of the Committee on Industry, Research and Energy
 PROCEDURE – COMMITTEE RESPONSIBLE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

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))

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2015)0595),

–  having regard to Article 294(2) and 192(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0382/2015),

–  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 French Senate and the Austrian Federal Council, 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 opinion of the Committee of the Regions of 15 June 2016(2),

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

–  having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on Industry, Research and Energy (A8-0034/2017),

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

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.

Amendment    1

Proposal for a directive

Recital -1 (new)

Text proposed by the Commission

Amendment

 

(-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)

Text proposed by the Commission

Amendment

 

(-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.

Justification

It is important to highlight the wider agenda of moving towards a circular economy, and to stress the opportunity the revision of the Waste Framework Directive offers to enhance this transition.

Amendment    3

Proposal for a directive

Recital -1 b (new)

Text proposed by the Commission

Amendment

 

(-1b)  The circular economy offers important opportunities for local economies and offers the potential to create a win-win situation for all stakeholders involved.

Justification

It is important to highlight the wider agenda of moving towards a circular economy, and to stress the opportunity the revision of the Waste Framework Directive offers to enhance this transition.

Amendment    4

Proposal for a directive

Recital -1 c (new)

Text proposed by the Commission

Amendment

 

(-1c) Waste management should be transformed into sustainable material management. The revision of Directive 2008/98/EC offers an opportunity to that end.

Justification

It is important to highlight the wider agenda of moving towards a circular economy, and to stress the opportunity the revision of the Waste Framework Directive offers to enhance this transition.

Amendment    5

Proposal for a directive

Recital -1 d (new)

Text proposed by the Commission

Amendment

 

(-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.

Justification

There is a clear need for ensuring coherence, consistency and synergies between various policies.

Amendment    6

Proposal for a directive

Recital -1 e (new)

Text proposed by the Commission

Amendment

 

(-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

Text proposed by the Commission

Amendment

(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)

Text proposed by the Commission

Amendment

 

(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)

Text proposed by the Commission

Amendment

 

(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.

Justification

The EU should focus on creating a clean circular economy and avoid possible major risk of a future loss in public and market confidence in recycled material while creating an endless legacy. The main burden for recyclers is the presence of hazardous substances in material. The focus of the EU should be on getting these hazardous substances out of products and waste, and not endangering public health and the environment by exempting certain classes of businesses or products from safe requirements and by making it impossible to identify those contaminated materials in the future.

Amendment    10

Proposal for a directive

Recital 2

Text proposed by the Commission

Amendment

(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

Text proposed by the Commission

Amendment

(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

Text proposed by the Commission

Amendment

(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 lifecycle approach to products and waste is necessary to ignite this transition.

Amendment    13

Proposal for a directive

Recital 4 a (new)

Text proposed by the Commission

Amendment

 

(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

Text proposed by the Commission

Amendment

(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)

Text proposed by the Commission

Amendment

 

(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.

Justification

To promote the implementation of this Directive, the Commission should, based on Member State notifications and the judgments of the Court of Justice of the European Union, 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)

Text proposed by the Commission

Amendment

 

(5b)  The coherence between Directive 2008/98/EC on waste and related Union legislative acts such as Directive 2009/28/EC of the European Parliament and of the Council1a and Regulation (EC) No 1907/2006 of the European Parliament and of the Council1bneeds 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.

 

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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)

Text proposed by the Commission

Amendment

 

(5c)  Hazardous and non-hazardous waste should be identified in accordance with Commission Decision 2014/955/EU1a and Commission Regulation (EU) No 1357/20141b.

 

______________

 

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

Text proposed by the Commission

Amendment

(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

Text proposed by the Commission

Amendment

(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)

Text proposed by the Commission

Amendment

 

(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

Text proposed by the Commission

Amendment

(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)

Text proposed by the Commission

Amendment

 

(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 proven 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)

Text proposed by the Commission

Amendment

 

(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)

Text proposed by the Commission

Amendment

 

(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.

Justification

REACH does not apply to waste, as stated in Article 2(2) “Waste as defined in Directive 2006/12/EC of the European Parliament and of the Council is not a substance, mixture or article within the meaning of Article 3 of this Regulation”.

Amendment    25

Proposal for a directive

Recital 8 d (new)

Text proposed by the Commission

Amendment

 

(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)

Text proposed by the Commission

Amendment

 

(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)

Text proposed by the Commission

Amendment

 

(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

Text proposed by the Commission

Amendment

(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)

Text proposed by the Commission

Amendment

 

(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)

Text proposed by the Commission

Amendment

 

(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)

Text proposed by the Commission

Amendment

 

(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

Text proposed by the Commission

Amendment

(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)

Text proposed by the Commission

Amendment

 

(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)

Text proposed by the Commission

Amendment

 

(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)

Text proposed by the Commission

Amendment

 

(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 out in Article 4a.

Amendment    36

Proposal for a directive

Recital 12

Text proposed by the Commission

Amendment

(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)

Text proposed by the Commission

Amendment

 

(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    38

Proposal for a directive

Recital 12 b (new)

Text proposed by the Commission

Amendment

 

(12b)  The principal task of the livestock sector in a circular economy needs to be to transform material which is not suitable for human consumption (such as grass, by-products or crop residues) into food. Animals need therefore to be fed less cereals, as this is an inefficient use of energy and proteins and therefore a waste of food.

Justification

The energy input for animals fed, for example, with cereals is much higher than the output for human benefit in the form of meat, milk or eggs.

 

 

 

 

Amendment    39

Proposal for a directive

Recital 13

Text proposed by the Commission

Amendment

(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)

Text proposed by the Commission

Amendment

 

(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)

Text proposed by the Commission

Amendment

 

(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

Text proposed by the Commission

Amendment

(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.

Justification

In order to accelerate the switch to a circular economy, the targets for preparation for re-use and recycling of municipal waste should be increased at least to 60% by 2025 and to 70% by 2030, in line with the measures approved by the European Parliament on 9 July 2015 in its Resolution on 'Resource efficiency: moving towards a circular economy'.

Amendment    43

Proposal for a directive

Recital 14 a (new)

Text proposed by the Commission

Amendment

 

(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)

Text proposed by the Commission

Amendment

 

(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

Recital14 c (new)

Text proposed by the Commission

Amendment

 

(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)

Text proposed by the Commission

Amendment

 

(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)

Text proposed by the Commission

Amendment

 

(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.

Justification

The social and solidarity-based economy encompasses a range of undertakings in the form of cooperatives, mutual societies, associations and foundations, whose internal dynamics and activities are based on the principle of solidarity and social benefit, which plays a major role in the context of the circular economy.

Amendment    48

Proposal for a directive

Recital 15

Text proposed by the Commission

Amendment

(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.

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17 COM(2008)699 and COM(2014)297.

17 COM(2008)699 and COM(2014)297.

Amendment    49

Proposal for a directive

Recital 16

Text proposed by the Commission

Amendment

(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)

Text proposed by the Commission

Amendment

 

(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

Text proposed by the Commission

Amendment

(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

Text proposed by the Commission

Amendment

(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

Text proposed by the Commission

Amendment

(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)

Text proposed by the Commission

Amendment

 

(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 bioeconomy 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.

Justification

The bioeconomy plays a vital role in guaranteeing the availability of raw materials in the EU and it is therefore essential to include new requirements regarding the effective management of bio-waste.

Amendment    55

Proposal for a directive

Recital 20 b (new)

Text proposed by the Commission

Amendment

 

(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)

Text proposed by the Commission

Amendment

 

(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)

Text proposed by the Commission

Amendment

 

(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

Text proposed by the Commission

Amendment

(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)

Text proposed by the Commission

Amendment

 

(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

Text proposed by the Commission

Amendment

(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

Text proposed by the Commission

Amendment

(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.

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18 COM(2014) 297.

18 COM(2014) 297.

Amendment    62

Proposal for a directive

Recital 24

Text proposed by the Commission

Amendment

(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.

Justification

To ensure effective implementation of the Raw Materials Initiative, it is important that Member States should include in their national waste management plans appropriate measures regarding collection, sorting and recovery of waste.

Amendment    63

Proposal for a directive

Recital 25

Text proposed by the Commission

Amendment

(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)

Text proposed by the Commission

Amendment

 

(25a)  Directive 2008/56/EC of the European Parliament and of the Council of 17 June 20081a 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.

 

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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)

Text proposed by the Commission

Amendment

 

(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)

Text proposed by the Commission

Amendment

 

(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

Text proposed by the Commission

Amendment

(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.

Justification

Even though they no longer have to draw up regular implementation reports, Member States are required to provide, at the request of the Commission, any information that may be necessary to assess whether they are achieving the aims of this Directive.

Amendment    68

Proposal for a directive

Recital 28

Text proposed by the Commission

Amendment

(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)

Text proposed by the Commission

Amendment

 

(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.

Justification

It is necessary to evaluate the impacts of the Directive and assess on a regular basis the need for necessary updates in order to keep the legislation fit for purpose while responding to the latest challenges stemming from the circular economy and technological progress in waste prevention and management.

Amendment    70

Proposal for a directive

Recital 28 b (new)

Text proposed by the Commission

Amendment

 

(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)

Text proposed by the Commission

Amendment

 

(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 2016. 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)

Text proposed by the Commission

Amendment

 

(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)

Text proposed by the Commission

Amendment

 

(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.

Justification

On 2 December 2015, the Commission presented an EU Action Plan for the Circular Economy to boost the EU's transition towards a circular economy. To that end the Commission set out an ambitious programme of specific measures for the period 2015-2018; however, additional measures are needed in order to speed up that transition. Those measures should, in particular, take into account the need for a European resource efficiency indicator, legislative measures to promote sustainable production and consumption and the determination of resource efficiency criteria and their indication on the labelling of non-energy products.

Amendment    74

Proposal for a directive

Recital 28 f (new)

Text proposed by the Commission

Amendment

 

(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.

Justification

On 2 December 2015, the Commission presented an EU Action Plan for the Circular Economy to boost the EU's transition towards a circular economy. To that end the Commission set out an ambitious programme of specific measures for the period 2015-2018; however, additional measures are needed in order to speed up that transition. Those measures should, in particular, take into account the need for a European resource efficiency indicator, legislative measures to promote sustainable production and consumption and the determination of resource efficiency criteria and their indication on the labelling of non-energy products.

Amendment    75

Proposal for a directive

Recital 29

Text proposed by the Commission

Amendment

(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 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 on Better Law-Making of 13 April 2016. 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

Text proposed by the Commission

Amendment

(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) 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

Text proposed by the Commission

Amendment

(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,

Justification

It is important to explicitly insert the need for the reduced utilisation of natural resources.

Amendment    78

Proposal for a directive

Recital 33 a (new)

Text proposed by the Commission

Amendment

 

(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)

Text proposed by the Commission

Amendment

 

(33b)  This Directive has been adopted taking into account the commitments set out in the Interinstitutional Agreement on Better Law-Making of 13 April 2016 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

 

Present text

Amendment

 

(-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.";

Justification

The Waste Framework Directive is an important instrument to enhance the circular economy. This should be made clear in the scope of the Directive.

Amendment    81

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point a

Directive 2008/98/EC

Article 3 – point 1 a

 

Text proposed by the Commission

Amendment

‘'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)

 

Text proposed by the Commission

Amendment

 

(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

 

Text proposed by the Commission

Amendment

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;

Justification

The definition of non-hazardous waste is aligned with the definition hitherto in force in Article 2(d) of Directive 1999/31/EC.

Amendment    84

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point c

Directive 2008/98/EC

Article 3 – point 4

 

Text proposed by the Commission

Amendment

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

 

Present text

Amendment

 

(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;";

Justification

Waste sorting operations are vital for proper waste management with a view to preparing for re-use and recycling and should therefore be included in this definition.

Amendment    86

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point d b (new)

Directive 2008/98/EC

Article 3 – point 11

 

Present text

Amendment

 

(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;";

Justification

Separate collections of different kinds of waste are the basic prerequisite for being able to carry out operations to prepare waste for re-use and recycling.

Amendment    87

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point e

Directive 2008/98/EC

Article 3 – point 16

 

Text proposed by the Commission

Amendment

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)

 

Text proposed by the Commission

Amendment

 

(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;";

Justification

In several Member States the preparation for re-use operator is not defined in specific laws. In accordance with the requirements set out in this Directive, a harmonised definition needs to be introduced.

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)

 

Text proposed by the Commission

Amendment

 

(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

 

Present text

Amendment

 

(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)

 

Text proposed by the Commission

Amendment

 

(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;";

Justification

The definition of organic recycling pursuant to Directive 94/62/EC is reintroduced, in keeping with the new requirements introduced for bio-waste recycling.

Amendment    92

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point f

Directive 2008/98/EC

Article 3 – point 17 a

 

Text proposed by the Commission

Amendment

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;

Justification

The definition of 'final recycling process' must be consistent with the definition of recycling set out in point 17.

Amendment    93

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point f

Directive 2008/98/EC

Article 3 – point 17 b

 

Text proposed by the Commission

Amendment

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;

Justification

It is important for the protection of the environment and human health that only inert and non-hazardous waste may be used for backfilling operations.

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)

 

Text proposed by the Commission

Amendment

 

(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.";

Justification

Article 18 (ban on the mixing of hazardous waste) already covers "dilution". It therefore seems appropriate to include a clear definition of this concept. Reference can be made to the Flemish approach on the implementation of Article 18 which is recognised as a good example in a BIPRO-study from December 2015 on hazardous waste management, conducted for the European Commission.

Amendment    95

Proposal for a directive

Article 1 – point 2 – point f b (new)

Directive 2008/98/EC

Article 3 – point 20 a (new)

 

Text proposed by the Commission

Amendment

 

(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)

 

Text proposed by the Commission

Amendment

 

(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)

 

Text proposed by the Commission

Amendment

 

(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;";

Justification

The definition is introduced in keeping with the new requirements set out in the amended Directive. Moreover, the English term 'litter' is not easily translatable into all languages, making it essential to provide a definition.

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)

 

Text proposed by the Commission

Amendment

 

(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)

 

Text proposed by the Commission

Amendment

 

(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    100

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point f g (new)

Directive 2008/98/EC

Article 3 – point 20 f (new)

 

Text proposed by the Commission

Amendment

 

(fg)  the following point is added:

 

“20f.  “economic instruments” means any instrument, system or arrangement applied by a Member State or a group of Member States to promote the use of secondary raw materials obtained by re-use or recycling.”;

Amendment    101

Proposal for a directive

Article 1 – paragraph 1 – point 2 a (new)

Directive 2008/98/EC

Article 4 – paragraph 2 – subparagraph 1

 

Present text

Amendment

 

(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.";

Justification

The waste hierarchy should take into account a decontamination stage for hazardous waste prior to recovery in order to ensure that recycled waste does not contain any substances that could be dangerous for human health and the environment.

Amendment    102

Proposal for a directive

Article 1 – paragraph 1 – point 3

Directive 2008/98/EC

Article 4 – paragraph 3 – subparagraph 1

 

Text proposed by the Commission

Amendment

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

 

Text proposed by the Commission

Amendment

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)

 

Text proposed by the Commission

Amendment

 

(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 necessary for the implementation of this Directive.”;

Justification

Only the introduction and optimisation of fees and charges for disposal (especially of municipal waste) guarantees sustainable financing of the waste management infrastructure and its operation. This includes collection, and where necessary sorting, as well as recycling, energy recovery and disposal of waste. Therefore a concretisation is necessary in this respect. But this is not excluding private waste management services.

Amendment    105

Proposal for a directive

Article 1 – paragraph 1 – point 3 b (new)

Directive 2008/98/EC

Article 4 – paragraph 3 b (new)

 

Text proposed by the Commission

Amendment

 

(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 Council1a, 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    106

Proposal for a directive

Article 1 – paragraph 1 – point 3 c (new)

Directive 2008/98/EC

Article 4 – paragraph 3 c (new)

 

Text proposed by the Commission

Amendment

 

(3c)  In Article 4, the following paragraph is added:

 

“3c.   Waste shall be sorted prior to energy recovery or to final disposal in landfill in order to support the effective extraction of recyclable materials. The biodegradable parts shall also be treated.

 

By way of derogation from the first subparagraph, separately collected bio-waste may be sent to anaerobic digestion or other process installations using biodegradable waste as their exclusive input, provided that the quality of the bio-waste meets the requirements of those installations.”;

Amendment    107

Proposal for a directive

Article 1 – paragraph 1 – point 3 d (new)

Directive 2008/98/EC

Article 4 a (new)

 

Text proposed by the Commission

Amendment

 

(3d)   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

 

Text proposed by the Commission

Amendment

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:

Justification

As a general rule, a substance or an object resulting from an industrial symbiosis practice, which is a production process the primary aim of which is not the production of that object or substance, should be considered to be a by-product if specific conditions are met. The Commission may be empowered to establish harmonised criteria on the application of by-product status, prioritising proven and replicable industrial and agricultural symbiosis practices. Member States may only establish the application of by-product status on a case-by-case basis.

Amendment    109

Proposal for a directive

Article 1 – paragraph 1 – point 4 – point b

Directive 2008/98/EC

Article 5 – paragraph 2

 

Text proposed by the Commission

Amendment

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.

Justification

As a general rule, a substance or an object resulting from an industrial symbiosis practice, which is a production process the primary aim of which is not the production of that object or substance, should be considered to be a by-product if specific conditions are met. The Commission may be empowered to establish harmonised criteria on the application of by-product status, prioritising proven and replicable industrial and agricultural symbiosis practices. Member States may only establish the application of by-product status on a case-by-case basis.

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)

 

Text proposed by the Commission

Amendment

 

(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.”;

Justification

As a general rule, a substance or an object resulting from an industrial symbiosis practice, which is a production process the primary aim of which is not the production of that object or substance, should be considered to be a by-product if specific conditions are met. The Commission may be empowered to establish harmonised criteria on the application of by-product status, prioritising proven and replicable industrial and agricultural symbiosis practices. Member States may only establish the application of by-product status on a case-by-case basis.

Amendment    111

Proposal for a directive

Article 1 – paragraph 1 – point 4 – point c

Directive 2008/98/EC

Article 5 – paragraph 3

 

Text proposed by the Commission

Amendment

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 2015/1535/EC*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

 

Text proposed by the Commission

Amendment

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

 

Text proposed by the Commission

Amendment

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.

Justification

As a general rule, the Commission should be empowered to adopt delegated acts establishing harmonised provisions concerning the criteria for granting end-of-waste status to certain types of waste. Where such criteria have not been determined at EU level, Member States should be able to establish national criteria in accordance with specific conditions set out in Article 6(1). Where such criteria have not even been established at national level, Member States should ensure that waste which has undergone a recovery process is no longer to be considered waste if it meets the conditions laid down in Article 6(1) which should be verified on a case-by-case basis by the national competent authorities.

Amendment    114

Proposal for a directive

Article 1 – paragraph 1 – point 5 – point b

Directive 2008/98/EC

Article 6 – paragraph 3

 

Text proposed by the Commission

Amendment

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.

Justification

Improves legal clarity, acknowledging that waste which has ceased to be waste in accordance with Article 6(1) will be taken into account for the purpose of calculation.

Amendment    115

Proposal for a directive

Article 1 – paragraph 1 – point 5 – point b

Directive 2008/98/EC

Article 6 – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

3a.   Where criteria have not been set at Union level in accordance 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.

Justification

As a general rule, the Commission should be empowered to adopt delegated acts establishing harmonised provisions concerning the criteria for granting end-of-waste status to certain types of waste. Where such criteria have not been determined at EU level, Member States should be able to establish national criteria in accordance with specific conditions set out in Article 6(1).

Amendment    116

Proposal for a directive

Article 1 – paragraph 1 – point 5 – point b

Directive 2008/98/EC

Article 6 – paragraph 3 b (new)

 

Text proposed by the Commission

Amendment

 

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.

Justification

Where such criteria have not even been established at national level, Member States should ensure that waste which has undergone a recovery process is no longer to be considered waste if it meets the conditions laid down in Article 6(1) which should be verified on a case-by-case basis by the national competent authorities.

Amendment    117

Proposal for a directive

Article 1 – paragraph 1 – point 5 – point b

Directive 2008/98/EC

Article 6 – paragraph 3 c (new)

 

Text proposed by the Commission

Amendment

 

3c.   In view of ensuring coherence in the single 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

 

Text proposed by the Commission

Amendment

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

 

Present text

Amendment

 

(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.";

Justification

The release of hazardous substances into the environment through dilution or mixing operations needs to be prohibited.

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

 

Present text

Amendment

 

(- 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

 

Text proposed by the Commission

Amendment

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

Article 1 – paragraph 1 – point 7 – point a a (new)

Directive 2008/98/EC

Article 8 – paragraph 2 – subparagraph 1

 

Present text

Amendment

 

(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

 

Text proposed by the Commission

Amendment

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)

 

Text proposed by the Commission

Amendment

 

(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

 

Present text

Amendment

 

(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 Article 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

 

Text proposed by the Commission

Amendment

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 single 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

 

Text proposed by the Commission

Amendment

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

 

Text proposed by the Commission

Amendment

-  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

 

Text proposed by the Commission

Amendment

-  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

 

Text proposed by the Commission

Amendment

-  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

 

Text proposed by the Commission

Amendment

–  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

 

Text proposed by the Commission

Amendment

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

 

Text proposed by the Commission

Amendment

(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

 

Text proposed by the Commission

Amendment

(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

 

Text proposed by the Commission

Amendment

-  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

 

Text proposed by the Commission

Amendment

-  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)

 

Text proposed by the Commission

Amendment

 

-  the attainment of the waste reduction targets and waste management targets referred to in the second indent of paragraph 1.

Note: Indents 1 and 3 in point (d) remain as in the Commission proposal

Amendment    138

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive 2008/98/EC

Article 8 a – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

3a.  If organisations are set up for the collective implementation of extended producer responsibility, Member States shall ensure that current or future contractors of those organisations may neither directly nor indirectly be members or owners of those organisations.

Justification

The mere specification of a “clear” assignment of responsibility as required by Article 8a – paragraph 1 – indent 1 Proposal for Directive concerning waste management is of little benefit. It does not prevent environmentally and economically counter-productive conflicts of interest or distortions of competition in EPR systems. Such circumstances, which are neither coincidental nor uncommon, simply reflect the economic interests of powerful market players and lead to excessive costs for producers, damage competition on the waste markets and even have a negative impact on recycling.

Amendment    139

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive 2008/98/EC

Article 8 a – paragraph 4 – point a

 

Text proposed by the Commission

Amendment

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

 

Text proposed by the Commission

Amendment

(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

 

Text proposed by the Commission

Amendment

(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

 

Text proposed by the Commission

Amendment

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 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

 

Text proposed by the Commission

Amendment

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

 

Text proposed by the Commission

Amendment

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)

 

Text proposed by the Commission

Amendment

 

"-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)  an Union food waste reduction target of 30 % by 2025 and of 50 % by 2030 compared to the 2014 baseline;

 

(e)  an 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

 

Text proposed by the Commission

Amendment

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

 

Text proposed by the Commission

Amendment

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)

 

Text proposed by the Commission

Amendment

 

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

 

Text proposed by the Commission

Amendment

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    150

Proposal for a directive

Article 1 – paragraph 1 – point 9

Directive 2008/98/EC

Article 9 – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

3a.  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 b (new)

 

Text proposed by the Commission

Amendment

 

3b.  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

 

Text proposed by the Commission

Amendment

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

 

Text proposed by the Commission

Amendment

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)

 

Text proposed by the Commission

Amendment

 

(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)

 

Text proposed by the Commission

Amendment

 

(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.”;

Justification

This amendment seeks to further strengthen proposed text by the Commission. Sharing products as a service is probably the business model with the largest potential to increase resource efficiency. While some are already competitive by smart application of web technology, sharing platforms in general could be scaled up by government incentives.

Amendment    156

Proposal for a directive

Article 1 – paragraph 1 – point 9 c (new)

Directive 2008/98/EC

Article 10 – paragraph 2

 

Present text

Amendment

 

(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)

 

Text proposed by the Commission

Amendment

 

(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.”;

Justification

A limit should be established on the use of incinerators for non-recyclable waste, as endorsed by the European Parliament on 9 July 2015 in its resolution on ‘Resource efficiency: moving towards a circular economy’ and in accordance with the 7th Environmental Action Programme.

Amendment    158

Proposal for a directive

Article 1 – paragraph 1 – point 9 e (new)

Directive 2008/98/EC

Article 10 – paragraph 2 b (new)

 

Text proposed by the Commission

Amendment

 

(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.";

Justification

Member States should give consideration to processes to decontaminate hazardous waste prior to recovery in order to guarantee that recycled waste does not contain any substances that could be dangerous to human health and the environment.

Amendment    159

Proposal for a directive

Article 1 – paragraph 1 – point 10 – point –a (new)

Directive 2008/98/EC

Article 11 – Title

 

Present text

Amendment

 

(-a)  the title is replaced by the following:

Re-use and recycling

"Preparation for re-use and recycling";

Justification

Re-use is a process entailing the treatment of products to prevent waste generation; it should therefore be regarded as a specific waste prevention measure. Preparation for re-use, on the other hand, is a waste recovery process.

Amendment    160

Proposal for a directive

Article 1 – paragraph 1 – point 10 – point a

Directive2008/98/EC

Article 11 – paragraph 1 – subparagraph 1

 

Text proposed by the Commissoin

Amendment

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

 

Text proposed by the Commission

Amendment

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)

 

Text proposed by the Commission

Amendment

 

(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    163

Proposal for a directive

Article 1 – paragraph 1 – point 10 – point a b (new)

Directive 2008/98/EC

Article 11 – paragraph 1 – subparagraph 2 b (new)

 

Text proposed by the Commission

Amendment

 

(ab) in paragraph 1, the following subparagraph is inserted:

 

“Member States shall take measures to promote high quality sorting of mixed waste.”;

Justification

Despite separate collection, a lot of recyclables still end up in mixed waste be it because of lack of infrastructure on scarcely populated areas, of mistakes in household sorting or some other reason. With high quality recycling, especially optical sorting, a lot of materials can be sorted from the residual waste and subsequently recycled and reprocessed into secondary raw materials

Amendment    164

Proposal for a directive

Article 1 – paragraph 1 – point 10 – point a c (new)

Directive2008/98/EC

Article 11 – paragraph 1 – subparagraph 3

 

Present text

Amendment

 

(ac)  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

 

Text proposed by the Commission

Amendment

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)

 

Text proposed by the Commission

Amendment

 

(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.”;

Justification

Commercial and industrial waste are a major waste stream. Member States should also take measures with regard to the sorting of commercial and industrial waste to facilitate recycling.

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

 

Present text

Amendment

 

(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

 

Text proposed by the Commission

Amendment

(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

 

Text proposed by the Commission

Amendment

(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

 

Text proposed by the Commission

Amendment

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.

Justification

Member States which recycled less than 20% in 2013 may ask the Commission for a five-year derogation to the time limit for the various recycling targets set at EU level. However this does not entail new specific targets being set that are different from those for other Member States, but only an extension to the time limit if certain conditions are met.

Amendment    171

Proposal for a directive

Article 1 – paragraph 1 – point 10 – point e

Directive 2008/98/EC

Article 11 – paragraph 3 – subparagraph 2

 

Text proposed by the Commission

Amendment

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.

Justification

Member States which, according to Eurostat data, in 2013 recycled less than 20% of their municipal waste may ask the Commission for an additional five years in order to reach the preparation for re-use and recycling targets set for 2025 and 2030. To obtain these exemptions, the Member States concerned should submit an implementation plan, to be assessed by the Commission on the basis of specific criteria, and should meet interim targets relating to preparation for re-use and recycling.

Amendment    172

Proposal for a directive

Article 1 – paragraph 1 – point 10 – point e

Directive 2008/98/EC

Article 11 – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

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

 

Text proposed by the Commission

Amendment

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.

Justification

The possibility that the Commission may consider setting preparing for re-use and recycling targets for types of waste other than municipal waste is covered in paragraphs 4a and 4b, the deadline for which is brought forward to 2018.

Amendment    174

Proposal for a directive

Article 1 – paragraph 1 – point 10 – point e

Directive 2008/98/EC

Article 11 – paragraph 4 a (new)

 

Text proposed by the Commission

Amendment

 

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.

Justification

Municipal waste only accounts for between 7% and 10% of the total waste generated in the European Union; consideration should be given therefore to including targets for commercial and industrial waste, similar to those set for municipal waste, in order to stimulate the transition towards a circular economy.

Amendment    175

Proposal for a directive

Article 1 – paragraph 1 – point 10 – point e

Directive 2008/98/EC

Article 11 – paragraph 4 b (new)

 

Text proposed by the Commission

Amendment

 

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.

Justification

Construction and demolition waste accounts for around one third of all waste produced in the EU. The Commission should therefore give consideration to setting recycling and preparing for re-use targets for 2025 and 2030, in addition to the current targets for 2020.

Amendment    176

Proposal for a directive

Article 1 – paragraph 1 – point 11

Directive 2008/98/EC

Article 11 a – paragraph 1

 

Text proposed by the Commission

Amendment

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)

 

Text proposed by the Commission

Amendment

 

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

 

Text proposed by the Commission

Amendment

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.

Justification

The Commission should define minimum qualitative and operative requirements for preparation for re-use operators and recycling operators in order to guarantee secondary raw materials with high quality standards.

Amendment    179

Proposal for a directive

Article 1 – paragraph 1 – point 11

Directive 2008/98/EC

Article 11 a – paragraph 3

 

Text proposed by the Commission

Amendment

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 on the weight of products and materials when leaving (i.e., output) the recovery or recycling/preparing for re-use facility are kept.

(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.

 

Justification

In its Resolution on ‘Resource efficiency: moving towards a circular economy’, adopted on 9 July 2015, the European Parliament called for targets for preparation for re-use and for recycling to be calculated using a single harmonised method in all Member States, based on a solid reporting method preventing the reporting of discarded waste (landfilled or incinerated) as recycled waste.

Amendment    180

Proposal for a directive

Article 1 – paragraph 1 – point 11

Directive 2008/98/EC

Article 11 a – paragraph 4

 

Text proposed by the Commission

Amendment

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

 

Text proposed by the Commission

Amendment

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.

Justification

To ensure rules at EU level are harmonised and clear, the Commission should establish a common methodology before the Member States can include in their figures recycling of ferrous materials that took place in conjunction with incineration.

Amendment    182

Proposal for a directive

Article 1 – paragraph 1 – point 11

Directive 2008/98/EC

Article 11 a – paragraph 6

 

Text proposed by the Commission

Amendment

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.

Justification

To ensure rules at EU level are harmonised and clear, the Commission should establish a common methodology before the Member States can include in their figures recycling of ferrous materials that took place in conjunction with incineration.

Amendment    183

Proposal for a directive

Article 1 – paragraph 1 – point 12

Directive 2008/98/EC

Article 11 b – paragraph 1

 

Text proposed by the Commission

Amendment

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)

 

Text proposed by the Commission

Amendment

 

(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)

 

Text proposed by the Commission

Amendment

 

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.

Justification

If the Commission deems it necessary, analyses of other relevant aspects of waste management in a particular Member State may be drawn up under the Early Warning.

Amendment    186

Proposal for a directive

Article 1 – paragraph 1 – point 12 a (new)

Directive 2008/98/EC

Article 12 – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

(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)

 

Text proposed by the Commission

Amendment

 

(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)

 

Text proposed by the Commission

Amendment

 

(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)

 

Text proposed by the Commission

Amendment

 

(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

 

Present text

Amendment

 

(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.”;

Justification

There should be clear consequences for the unlawful mixture of hazardous waste. Without prejudice to any penalties in accordance with Article 36, where the ban on mixing was not respected, separation needs to be ensured, where technically feasible. When this is not feasible, treatment in an adequate facility needs to be ensured.

Amendment    191

Proposal for a directive

Article 1 – paragraph 1 – point 12 f (new)

Directive 2008/98/EC

Article 20 – paragraph 1 – subparagraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

(12f)  in Article 20, the following subparagraph 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)

 

Text proposed by the Commission

Amendment

 

(12g)  in Article 20, the following paragraph is inserted:

 

“1b.  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 h

 

Present text

Amendment

 

(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

 

Present text

Amendment

 

(12i)  In Article 21, 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)

 

Text proposed by the Commission

Amendment

 

(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 that 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 was 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

 

Present text

Amendment

 

(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

 

Present text

Amendment

 

(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 – subparagraph 1

 

Text proposed by the Commission

Amendment

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).

Justification

The separate collection of bio-waste should be made mandatory so as to prevent contamination of other dry fractions and to encourage the recovery of organic materials capable of producing compost and digestate, as well as biogas. Collection of pre-sorted waste is one of the tools supporting the creation of a high-quality recycling market and the attainment of high levels of recycling. The introduction of technical, environmental and financial limits has allowed numerous exemptions, rendering application of this principle impossible. The obligation of seperate collection should not exclude the possibility of maintaining or organising home-composting schemes.

Amendment    199

Proposal for a directive

Article 1 – paragraph 1 – point 13

Directive 2008/98/EC

Article 22 – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

1a.   Member States shall encourage home-composting.

Amendment    200

Proposal for a directive

Article 1 – paragraph 1 – point 13

Directive 2008/98/EC

Article 22 – paragraph 1 – subparagraph 2

 

Text proposed by the Commission

Amendment

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 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    201

Proposal for a directive

Article 1 – paragraph 1 – point 13

Directive 2008/98/EC

Article 22 – paragraph 2a (new)

 

Text proposed by the Commission

Amendment

 

2a.  The Commission shall, by 31 December 2018, propose an amendment to Regulation (EC) No 2150/2002 of the European Parliament and of the Council1a 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    202

Proposal for a directive

Article 1 – paragraph 1 – point 13 a (new)

Directive 2008/98/EC

Article 24 – paragraph 1 – point b

 

Present text

Amendment

 

(13a)  In Article 24, point b is replaced by the following:

b)   recovery of waste.

"b)   recovery of non-hazardous waste.";

Justification

No derogations to the authorisation requirement may be granted where recovery of hazardous waste is concerned.

Amendment    203

Proposal for a directive

Article 1 – paragraph 1 – point 14

Directive 2008/98/EC

Article 26 – paragraph 3

 

Text proposed by the Commission

Amendment

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.

Justification

In order to limit the administrative work for SMEs a threshold should be also foreseen for the reporting obligation for hazardous waste. Article 5 paragraph 1 letter b PRTR-Regulation (EC) No 166/2006 foresees the same threshold for hazardous waste that does not need to be reported. The exemption seems to be proportionate in comparison to the administrative efforts that a reporting would require for SMEs.

Amendment    204

Proposal for a directive

Article 1 – paragraph 1 – point 14

Directive 2008/98/EC

Article 26 – paragraph 4

 

Text proposed by the Commission

Amendment

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

 

Text proposed by the Commission

Amendment

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.

Justification

Minimum operating standards should be established for the various operations involved in waste management.

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

 

Text proposed by the Commission

Amendment

(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)

 

Text proposed by the Commission

Amendment

 

(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

 

Text proposed by the Commission

Amendment

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.

Justification

Member States which recycled less than 20% in 2013 may ask the Commission for a five-year derogation to the time limit for the various recycling targets set at EU level. However this does not entail new specific targets being set that are different from those for other Member States, but only an extension to the time limit if certain conditions are met. Paragraph 11(3) is deleted therefore.

Amendment    209

Proposal for a directive

Article 1 – paragraph 1 – point 17 – point a

Directive 2008/98/EC

Article 29 – paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

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

 

Present text

Amendment

 

(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

 

Present text

Amendment

 

(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)

 

Text proposed by the Commission

Amendment

 

(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

 

Present text

Amendment

 

(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

 

Text proposed by the Commission

Amendment

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 (*).

Justification

Member States should be able to use existing registries to record the data on hazardous waste, with a view to cutting down on bureaucratic requirements. These registries should be set up for the types of waste for which targets have been established under EU legislation.

Amendment    215

Proposal for a directive

Article 1 – paragraph 1 – point 21

Directive 2008/98/EC

Article 37 – paragraph 1

 

Text proposed by the Commission

Amendment

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.

Justification

Common methodology for data collection needs to be established in order to improve reliability and comparability of data.

Amendment    216

Proposal for a directive

Article 1 – paragraph 1 – point 21

Directive 2008/98/EC

Article 37 – paragraph 2

 

Text proposed by the Commission

Amendment

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)

 

Text proposed by the Commission

Amendment

 

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

 

Text proposed by the Commission

Amendment

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.

Justification

A common methodology for data collection needs to be established in order to improve the reliability and comparability of the data.

Amendment    219

Proposal for a directive

Article 1 – paragraph 1 – point 21

Directive 2008/98/EC

Article 37 – paragraph 5 a (new)

 

Text proposed by the Commission

Amendment

 

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.

Justification

The impact of the Directive should be regularly assessed to ensure that the essential elements of the Directive are fit for purpose.

Amendment    220

Proposal for a directive

Article 1 – paragraph 1 – point 21

Directive 2008/98/EC

Article 37 – paragraph 6

 

Text proposed by the Commission

Amendment

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.

Justification

In order to improve the quality of the data, the Commission should adopt a delegated act in order to establish a common methodology for data reporting: this would include collection, processing and transmission of data.

Amendment    221

Proposal for a directive

Article 1 – paragraph 1 – point 21 a (new)

Directive 2008/98/EC

Article 37 a (new)

 

Text proposed by the Commission

Amendment

 

(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

 

Present text

Amendment

 

(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"

Justification

There is a significant scope for exchange of best practices and information in this Directive on various issues (e.g. for enabling all Member States to achieve the targets). It should therefore be explicitly addressed.

Amendment    223

Proposal for a directive

Article 1 – paragraph 1 – point 22

Directive 2008/98/EC

Article 38 – paragraph -1 (new)

 

Text proposed by the Commission

Amendment

 

- 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 practice 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.

Justification

There is a significant scope for exchange of best practices and information in this Directive on various issues (e.g. for enabling all Member States to achieve the targets). It should therefore be explicitly addressed.

Amendment    224

Proposal for a directive

Article 1 – paragraph 1 – point 22

Directive 2008/98/EC

Article 38 – paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

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.

Justification

The Commission should develop guidelines for the interpretation of specific definitions in the interests of harmonised implementation of the Directive.

Amendment    225

Proposal for a directive

Article 1 – paragraph 1 – point 22

Directive 2008/98/EC

Article 38 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  The Commission shall be empowered to adopt delegated acts in accordance with Article 38a necessary to amend Annexes VI.

deleted

Justification

Products and components which have not become waste must not count towards the attainment of targets for preparation for re-use and recycling, as the operations concerned are waste recovery operations. The re-use of products and components constitutes processing which prevents the generation of waste, so in accordance with the waste hierarchy it should be regarded as a prevention measure. Paragraph 11a (1) already defines the method of calculation of the rate of preparation for re-use and recycling.

Amendment    226

Proposal for a directive

Article 1 – paragraph 1 – point 23

Directive 2008/98/EC

Article 38 a – paragraph 2

 

Text proposed by the Commission

Amendment

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

 

Text proposed by the Commission

Amendment

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)

 

Text proposed by the Commission

Amendment

 

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.

Justification

Alignment with the Interinstitutional Agreement of 13 April 2016.

Amendment    229

Proposal for a directive

Article 1 – paragraph 1 – point 23

Directive 2008/98/EC

Article 38 a – paragraph 5

 

Text proposed by the Commission

Amendment

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)

 

Text proposed by the Commission

Amendment

 

(24a)  In Annex II, the following point is inserted:

 

“R13 a: preparation for re-use.”;

Justification

The specific recovery operation should be introduced in the Annex II in order to reach more coherence with the definition “preparation for re-use” in the article 3.

Amendment    231

Proposal for a directive

Article 1 – paragraph 1 – point 24 b (new)

Directive 2008/98/EC

Annex IV a (new)

 

Text proposed by the Commission

Amendment

 

(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

Text proposed by the Commission

Amendment

(25)  Annex VI is added in accordance with the Annex to this Directive.

deleted

Justification

Products and components which have not become waste must not count towards the attainment of targets for preparation for re-use and recycling, as the operations concerned are waste recovery operations. The re-use of products and components constitutes processing which prevents the generation of waste, so in accordance with the waste hierarchy it should be regarded as a prevention measure. Paragraph 11a(1) already defines the method of calculation of the rate of preparation for re-use and recycling.

Amendment    233

Proposal for a directive

Annex I

Directive 2008/98/EC

Annex VI

 

Text proposed by the Commission

Amendment

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.

 

Justification

Products and components which have not become waste must not count towards the attainment of targets for preparation for re-use and recycling, as the operations concerned are waste recovery operations. The re-use of products and components constitutes processing which prevents the generation of waste, so in accordance with the waste hierarchy it should be regarded as a prevention measure. Paragraph 11a(1) already defines the method of calculation of the rate of preparation for re-use and recycling.

Amendment    234

Proposal for a directive

Annex -I (new)

Directive 2008/98/EC

Annex IV a (new)

 

Text proposed by the Commission

Amendment

 

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)

  OJ C 264, 20.07.2016, p. 98.

(2)

  OJ C 17, 18.01.2017, p. 46.


EXPLANATORY STATEMENT

The current linear development model, which may be summarised as 'take, produce, consume and dispose of', is beginning to show signs of reaching its limits. Our planet is warming, and the resources used, on which we depend, are becoming increasingly scarce. Unless structural measures are taken, demand for raw materials by the world economy could increase by a further 50% in the next 15 years. In order to reverse this trend, we must adopt a circular development model which keeps materials and their value in circulation within the economic system for as long as possible, by optimising the integrated waste cycle in order to put resources to efficient use. Re-use, recycling and recovery are becoming the key words around which a new paradigm needs to be built to promote sustainability, innovation and competitiveness, so that waste will cease to be a problem and become a resource.

The package should therefore be viewed in a far broader context than that of a mere review of waste legislation. Your rapporteur aims to encourage the Commission in its aim of preserving the environment, making the European economy more competitive and promoting sustainable reindustrialisation. Increasing the value of resources means intervening in all phases of the product life cycle: from extraction of raw materials to product design and from distribution, through consumption, to the end of life of products.

A clear and stable legislative framework is the first step in promoting the transition.

Such a systemic change calls for ambitious policies, backed by legislation capable of sending the right signals to investors. If European legislation fails to incorporate clear definitions and binding targets, it could impede progress towards the circular economy.

Taking the waste hierarchy as a basis, your rapporteur has sought to amend the Commission proposal, especially as regards waste prevention and channelling waste back into the production process. In order to reduce the quantity of waste, it is necessary to launch upstream the innovation of production processes and business models on which the circular economy is to be based.

The transformation of the Union into a green, low-carbon economy which uses resources efficiently is already one of the main objectives of the Seventh European Environmental Action Programme, and it is worth recalling that Europe has committed itself to attaining the UN's sustainable development targets.

Your rapporteur believes that in order to achieve the aims set out about, the amendments to the Waste Framework Directive should hinge around two main objectives:

1) strengthening of waste prevention measures;

2) encouraging the development of an efficient secondary raw materials market.

Your rapporteur also believes it necessary, in order to promote correct implementation, to tighten up some of the definitions given in the current directive and add some which were missing.

PREVENTION

One important prevention measure is the use of production residues as by-products with a view to introducing genuine (non-waste) resources into the productive cycle. To encourage this and to support the dissemination of industrial symbiosis practices, a clear regulatory framework needs to be introduced at EU level.

With this in mind, your rapporteur has revised the current wording of Article 5(1).

The Commission will still be able to establish criteria for the application of by-product status, but in a manner that prioritises proven and replicable industrial symbiosis practices. The aim is to balance the need for harmonised rules with the need to ensure that the introduction of standardised rules for all types of by-product do not prejudice the process innovation which characterises those practices.

The application of the current end of waste legislation in the various Member States has been surrounded by difficulties and inconsistencies. In order to ensure the smooth functioning of the internal market and a high level of protection of human health and the environment, your rapporteur supports the principle that the Commission should, as a general rule, have to establish harmonised provisions concerning the criteria for granting end-of-waste status. Since this provision has not been adhered to fully, your rapporteur agrees that Member States should now be able to establish national criteria on the basis of the specific conditions set out in Article 6(1).

Your rapporteur agrees with the Commission's proposal to introduce minimum criteria for Extended Producer Responsibility (EPR) schemes. The possibility of reducing end-of-life costs for products can be used as an incentive for the design of products that can be re-used or recycled. The introduction of EPR schemes at national level for various products has proved to be an effective tool for optimising waste management costs. Your rapporteur therefore believes that introducing EPR schemes based on harmonised rules should be made compulsory at EU level.

The implementation by Member States of preventive measures throughout a product's useful lifecycle is the most effective way to improve resource efficiency and to reduce the environmental impact of waste, by promoting durable, recyclable and reusable materials by means of suitable economic instruments. Hence your rapporteur also describes the need to reduce hazardous substances in materials.

The Directive should also define more clearly the notion of reuse. Re-use, unlike preparing for re-use, is a process entailing the treatment of products to prevent waste generation; it should therefore be regarded as a specific waste prevention measure and incentivised by the Member States.

The tool used to coordinate these actions would be the National Prevention Plans. Harmonised minimum objectives and performance-assessment indicators for the Member States need to be established at EU level in order to enhance the effectiveness of these plans.

Your rapporteur believes it particularly important that the Member States take measures in line with Agenda 2030 for Sustainable Development in respect of major environmental and ethical issues, so as to reduce food waste and marine litter by 30% by 2025 and by 50% by 2030. The Member States are called upon to include an objective that is at least equivalent to this in their National Prevention Plans.

DEVELOPMENT OF AN EFFICIENT SECONDARY RAW MATERIALS MARKET

Ambitious targets in respect of the preparing for re-use and recycling of municipal waste can help ensure that waste with high economic value is recovered and recycled as quality secondary raw material. In support of that objective, your rapporteur has established for the Member States, in combination with the objective of phasing-out of landfilling, targets for the preparing for re-use and recycling of municipal waste of 60% by 2025 and 70% by 2030, in line with the European Parliament Resolution of 9 July 2015 on 'Resource efficiency: moving towards a circular economy' and the findings of the Commission's environmental impact assessment of 2 July 2014 (SWD(2014) 207 final).

To ensure that the results achieved by the Member States are bona fide and comparable, your rapporteur advocates bringing the definition of municipal waste into line with the one used for statistical purposes by Eurostat and the OCSE. That definition must be combined with a harmonised single calculation method for all the Member States, based on the input to the final recycling process and backed with a solid reporting system that prevents discarded waste (landfilled or incinerated waste) from being reported as recycled waste.

Your rapporteur also believes separate waste collection systems for different kinds of waste to be a pre-requisite for creating a high-quality recycling market and attaining the targets set. The current provision for exemptions on technical, environmental and economic grounds have in practice led to this requirement not being fully applied.

Member States should use economic and regulatory instruments to ensure fair competition between virgin raw materials and secondary raw materials.

Your rapporteur is aware that considerable differences exist Member States as regards the levels of waste recycled or landfilled. Therefore, in the interests of ensuring correct and uniform implementation of the Directive, she agrees it would be appropriate to grant a derogation to Member States which, according to Eurostat data for 2013, have recycled under 20% of all municipal waste by requesting from the Commission an additional five years in which to attain the targets set for 2025 and 2030. Your rapporteur nevertheless considers that to obtain these derogations, the Member States concerned should submit an implementation plan, to be assessed by the Commission on the basis of specific criteria, and should meet interim targets relating to preparation for re-use and recycling.

Your rapporteur has placed the emphasis on the need for specific measures for the reprocessing of organic waste, which is not yet subject to appropriate provisions. , The separate collection of bio-waste should be made mandatory and supported with suitable economic instruments. Biowaste should undergo organic recycling the output of which meets high quality criteria.

Finally, a new article on a 'Framework for a circular economy' has been inserted to incorporate the measures the Commission presented in its 'Action Plan for the Circular Economy' and to speed up the transition towards this by establishing: a European resource efficiency indicator, legislative measures to promote sustainable production and consumption and resource efficiency criteria, to be indicated on the labelling of non-energy related products.


MINORITY OPINION

pursuant to Rule 56(3) of the Rules of Procedure

Jean-François Jalkh

Whereas the proposal to amend Directive 2008/98/EC:

- is unlawful because it encroaches on competences held by the Member States, in particular by requiring the introduction of tax incentives and detailed monitoring by the Member States themselves;

- is impossible to apply because it fails to take account of the very different circumstances obtaining at national level, which cannot be catered for by a ‘one size fits all’ policy, and lays down a number of unworkable definitions, in particular distinguishing between municipal waste and commercial waste and between organic waste and food waste;

- is economically devastating for businesses, as it introduces new ‘extended producer responsibility’ requirements which will in practice wipe out the value added to products;

- will have two inescapable consequences, namely a major increase in public spending and further integration of the internal market to the sole benefit of a small number of transnational businesses;

Mindful of the economic and environmental implications of waste management, the ENF Group wishes to distance itself from the work carried out by the ENVI committee and calls for waste policy to be conducted in keeping with the subsidiarity principle and to take proper account of the benefits of localism.


OPINION of the Committee on Industry, Research and Energy (27.10.2016)

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

on the proposal for a directive of the European Parliament and of the Council amending Directive 2008/98/EC on waste

(COM(2015)0595 – C8-0382/2015 – 2015/0275(COD))

Rapporteur: Miroslav Poche

AMENDMENTS

The Committee on Industry, Research and Energy calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to take into account the following amendments:

Amendment    1

Proposal for a directive

Recital 1

Text proposed by the Commission

Amendment

(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, transformation and use 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 real circular economy, which would limit negative environmental impacts and conserve natural resources as well as achieve a better management of raw materials, while making the economy less dependent on imports, increasing energy efficiency, reducing the energy dependency of the Union, providing new economic opportunities and new markets and promoting the creation of quality jobs. In order to make the economy really circular, it is necessary to take additional measures focusing on the whole-life cycle of products, including sustainable materials extraction, ecological product design, eco-efficient production and sustainable consumption, in a way that preserves resources and closes the loop. Improving resource use would also bring substantial net savings for Union businesses, public authorities and consumers while reducing total annual greenhouse gas emissions.

Amendment    2

Proposal for a directive

Recital 2

Text proposed by the Commission

Amendment

(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 amended to make them better reflect the Union's ambition to move to an efficient circular economy, by taking the necessary measures to ensure that waste can be considered as a useful resource for this transition.

__________________

__________________

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    3

Proposal for a directive

Recital 2 a (new)

Text proposed by the Commission

Amendment

 

(2a)  On 9 July 2015, the European Parliament adopted a resolution on resource efficiency: moving towards a circular economy1a 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    4

Proposal for a directive

Recital 3

Text proposed by the Commission

Amendment

(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 financial, fiscal and political support in order to guide measures and investments, notably by preventing the creation of structural overcapacities for the treatment of residual waste, such as for landfilling and incineration, and lock-ins of recyclable materials at the lowest level 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, reuse 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    5

Proposal for a directive

Recital 5

Text proposed by the Commission

Amendment

(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, construction and demolition waste, commercial and industrial waste, the final recycling process, littering, marine littering and backfilling need to be included in Directive 2008/98/EC so that the scope of these concepts is clarified.

Amendment    6

Proposal for a directive

Recital 5 a (new)

Text proposed by the Commission

Amendment

 

(5a)  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 Council1a and Regulation (EC) No 1907/2006 of the European Parliament and of the Council1b should be ensured, in particular by coherent interpretation and application of concepts of "waste", "waste hierarchy" and "by-product" pursuant to 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    7

Proposal for a directive

Recital 6

Text proposed by the Commission

Amendment

(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 harmonised 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.

Amendment    8

Proposal for a directive

Recital 7

Text proposed by the Commission

Amendment

(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, fiscal 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 and incentives for local authorities. In order to contribute to the objectives laid down in this Directive, Member States should be able to make use of economic instruments or other measures as set out in Annex VIa. Member States should take such measures which will help to achieve a high quality of sorted material.

Amendment    9

Proposal for a directive

Recital 8 a (new)

Text proposed by the Commission

Amendment

 

(8a)  The transition to a circular economy should take full advantage of digital innovation. To that end, electronic toolssuch 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    10

Proposal for a directive

Recital 9

Text proposed by the Commission

Amendment

(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. Those requirements should reduce costs and boost performance, facilitate reparability, better implementation and enforcement of separate collection and sorting, ensure better quality recycling, help secure cost-efficient access to secondary raw materials 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 reparability, recyclability and reusability and the phasing out of hazardous substances 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 and for Member States without extended producer responsibility to adapt their structures and procedures to the new requirements. During the transitional period, Member States without extended producer responsibility should ensure that their waste management systems deliver results in an enforceable, transparent and accountable manner which is entirely consistent with the minimum requirements for extended producer responsibility schemes.

Amendment    11

Proposal for a directive

Recital 10

Text proposed by the Commission

Amendment

(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, and to promote durable, recyclable, reusable high-quality materials and to decrease the dependence on imports of increasingly rare raw materials. It is important therefore that Member States take appropriate measures to prevent waste generation, including measures that reduce the presence of hazardous substances, promote recycling of materials with high quality, combat planned obsolescence, increase consumer empowerment through improved product information, encourage continuous communication and regular education campaigns on waste prevention and monitor and assess progress made in the implementation of such measures as well as prevention targets for the reduction of waste generation, with the aim of decoupling it from economic growth. In order to ensure a uniform measurement of the overall progress in the implementation of waste prevention measures, common indicators and calculation methods should be established.

Amendment    12

Proposal for a directive

Recital 12

Text proposed by the Commission

Amendment

(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 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 at least 50 % by 2030. These measures should aim to prevent food waste at retail and consumer levels and reduce food losses along the production and supply chains, including intentionally non-harvested agricultural production and post-harvest losses, and in other distribution of food, in public and private organisations that sell or offer meals, and 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 in their national waste prevention programmes in order to reach at least 30% of food waste reduction by 2025 and 50% by 2030 and should measure progress in food waste reduction. To facilitate exchange of good practice across the Union 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. In order to prevent food waste, Member States should set up a framework for enabling the food sector to further distribute and donate unsold products, while ensuring that such distribution has no negative impact on human health or food safety.

Amendment    13

Proposal for a directive

Recital 13 a (new)

Text proposed by the Commission

Amendment

 

(13a)  The Commission should examine the possibility of setting up recycling targets for non-hazardous commercial and industrial waste with recycling obligations similar to those which apply to municipal waste. In order to build an accurate baseline to set those targets, the Commission should gather data on such waste, based on common reporting from Member States. Within two years following the gathering of that data, and based on an impact assessment, the Commission should consider the possibility of setting separate recycling targets for non-hazardous commercial and industrial waste by 2025, at least for paper, glass, metal, plastic and bio-waste.

Amendment    14

Proposal for a directive

Recital 13 b (new)

Text proposed by the Commission

Amendment

 

(13b)  Directive 2008/56/EC of the European Parliament and of the Council1a 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 littering. However, the main sources of marine litter are land-based activities and they are caused by poor practices of 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. Having regard to the environmental and economic benefits of preventing marine litter, Member States should establish specific marine littering prevention measures in their waste prevention programmes in order to reach at least a reduction target of 50 % by 2030, and should measure progress in marine litter reduction. To facilitate an exchange of good practice between Member States across the Union, uniform methodologies for such measurement should be established. Reporting on marine litter levels should take place every two years.

 

__________________

 

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    15

Proposal for a directive

Recital 13 c (new)

Text proposed by the Commission

Amendment

 

(13c)  In order to help achieve the objectives of the circular economy, the Commission should actively promote the coordination and exchange of information and best practices between Member States, civil society organisations, local and regional authorities, social partners and between different sectors of the economy, including the waste industry and the financial sector. That coordination and exchange could be achieved through the establishment of communication platforms on the circular economy that would 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 the financial sector and to supporting industrial symbiosis. The Commission should also actively promote sharing platforms as a circular economy business model.

Amendment    16

Proposal for a directive

Recital 15 a (new)

Text proposed by the Commission

Amendment

 

(15a)  The separate collection and recycling of waste oils would have significant economic and environmental benefits in terms of securing the supply of raw materials, advancing towards a circular economy and contributing towards a lesser dependence on oil supply. Some Member States already collect and recycle a large part of their waste oils. Nevertheless, in 2015 only around 13 % of all base oils came from re-refined waste oils. The Commission should therefore present, by ... [insert date 2 years after the entry into force of this Directive], an impact assessment on the introduction of Union-wide target for collecting and recycling waste oils.

Amendment    17

Proposal for a directive

Recital 15 b (new)

Text proposed by the Commission

Amendment

 

(15b)  Where possible, Member States should incentivise the use of materials such as permanent materials that have a superior value for the circular economy as they can be classified as materials that can be recycled without loss of quality, regardless of how often the material is recycled.

Amendment    18

Proposal for a directive

Recital 16

Text proposed by the Commission

Amendment

(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 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, with the support of the Commission.

Amendment    19

Proposal for a directive

Recital 18

Text proposed by the Commission

Amendment

(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)  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, or, as appropriate, packaging, 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 energy recovery and 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.

Amendment    20

Proposal for a directive

Recital 19

Text proposed by the Commission

Amendment

(19)  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.

(19)  In order to ensure better, timelier and more uniform implementation of this Directive and anticipate implementation weaknesses, an early warning system should be established, with the support of the Commission, to detect shortcomings and allow taking action ahead of the deadlines for meeting the targets.

Amendment    21

Proposal for a directive

Recital 20

Text proposed by the Commission

Amendment

(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, wood and textiles 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 and to prevent incineration and landfilling. Furthermore, a more efficient use of waste could create an important incentive for the bio-economy supply chain. Separate collection of bio-waste from municipal and agricultural waste should therefore be made compulsory. The bio- economy plays a crucial role in guaranteeing the availability of raw materials across the Union. The Commission should consider setting a recycling target for bio-waste in order to attract infrastructure investments in recycling facilities for bio-waste and to boost the reprocessing of organic material.

Amendment    22

Proposal for a directive

Recital 21

Text proposed by the Commission

Amendment

(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, as widely as possible, in order to simplify record-keeping for businesses and administrations and improve the monitoring of waste flows in the Union. That data should be collected in line with standards and specifications that support open data objectives and should be made available as open data.

Amendment    23

Proposal for a directive

Recital 21 a (new)

Text proposed by the Commission

Amendment

 

(21a)  In order 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 streams for hazardous waste from households. Union funds that are allocated to support the transition to the circular economy could be used for research programmes on the substitution of hazardous material and treatment of hazardous waste.

Amendment    24

Proposal for a directive

Recital 22

Text proposed by the Commission

Amendment

(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, Member States should make a sound use of the European Structural and Investment Funds by promoting first prevention, and re-use, and then recycling, in line with the waste hierarchy and not for supporting landfilling and incineration of waste.

Amendment    25

Proposal for a directive

Recital 23

Text proposed by the Commission

Amendment

(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 achieve the best possible management of waste containing significant amounts of those raw materials, by preventing the landfilling and incineration of untreated waste, 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) 297 final.

18 COM(2014)0297

Amendment    26

Proposal for a directive

Recital 25

Text proposed by the Commission

Amendment

(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 detrimental impacts on the environment and the wellbeing of citizens, and high clean-up costs are an unnecessary economic burden for society. Littering has to be seen as a societal problem of individuals who handle waste in an improper or illegal way. The introduction of specific measures in waste management plans and proper enforcement by competent authorities should help eradicate this problem.

Amendment    27

Proposal for a directive

Recital 28

Text proposed by the Commission

Amendment

(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)  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 establishing a harmonised methodology for data collection and processing and by introducing a single entry point for all waste data, which should be Eurostat, and by deleting obsolete reporting requirements, benchmarking national reporting methodologies and introducing a data quality check report, which should be based on a harmonised format. Reliable reporting of comparable statistical data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among Member States. Therefore, when preparing the implementation reports under this Directive, Member States should use the most recent methodology developed by the Commission and by the national statistical offices of the Member States.

Amendment    28

Proposal for a directive

Recital 28 a (new)

Text proposed by the Commission

Amendment

 

(28a)  Research and innovation are essential to support the Union transition towards a circular economy in which waste is perceived as a resource. To achieve that aim, it is necessary to contribute, in the framework of Horizon 2020, to research and innovation projects that are able to demonstrate and test in the field the economic and environmental sustainability of a circular economy. While adopting a systemic approach, these projects are able to contribute to developing legislation that favours innovation and is easy to implement at the same time, mainly by identifying regulatory uncertainties, barriers and gaps that possibly hamper the development of business models based on resource efficiency.

Amendment    29

Proposal for a directive

Recital 28 b (new)

Text proposed by the Commission

Amendment

 

(28b)  Every three years, the Commission should publish a report based on the data and information reported by the Member States in order to report to the European 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.

Amendment    30

Proposal for a directive

Recital 33 a (new)

Text proposed by the Commission

Amendment

 

(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 legislation in this field is properly implemented and enforced,

Amendment    31

Proposal for a directive

Recital 33 b (new)

Text proposed by the Commission

Amendment

 

(33b)  It is essential to ensure that existing waste legislation is correctly implemented and enforced.

Amendment    32

Proposal for a directive

Recital 33 c (new)

Text proposed by the Commission

Amendment

 

(33c)  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    33

Proposal for a directive

Article 1 – point -1 (new)

Directive 2008/98/EC

Article 2 – paragraph 2 – point b

 

Present text

Amendment

 

(-1)  In Article 2(2), point (b) is replaced by the following:

"b)   animal by-products including processed products covered by Regulation (EC) No 1774/2002, except those which are destined for incineration, landfilling or use in a biogas or composting plant;"

"b)   animal by-products including processed products covered by Regulation (EC) No 1774/2002, except those which are destined for incineration or landfilling;"

Amendment    34

Proposal for a directive

Article 1 – point 2 – point a

Directive 2008/98/EC

Article 3 – point 1a – subparagraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

Municipal waste, as defined in this Directive, is to be considered as neutral regarding the private or public status of the operator managing that waste.

Amendment    35

Proposal for a directive

Article 1 – point 2 – point a a (new)

Directive 2008/98/EC

Article 3 – point 1 b (new)

 

Text proposed by the Commission

Amendment

 

(aa) the following point is inserted:

 

"1b.  "commercial and industrial waste" means non-hazardous mixed waste and separately collected waste of larger quantities than municipal waste originating from commercial and industrial activities and/or premises, including paper and cardboard, glass, metal, plastic, bio-waste, wood and bulky waste.

 

Commercial and industrial waste does not include municipal waste, construction and demolition waste, waste from sewage network andtreatment, including sewage sludge;";

Amendment    36

Proposal for a directive

Article 1 – point 2 – point a b (new)

Directive 2008/98/EC

Article 3 – point 1 c (new)

 

Text proposed by the Commission

Amendment

 

(ab) the following point is inserted:

 

'1c.  "littering" means any action or omission, by an individual, whether such action or omission is wilful or negligent, that results in the leaving of litter.'

Amendment    37

Proposal for a directive

Article 1 – point 2 – point a c (new)

Directive 2008/98/EC

Article 3 – point 1 d (new)

 

Text proposed by the Commission

Amendment

 

(ac) the following point is inserted:

 

“1d. "food waste" means food removed and disposed of at manufacturing, processing, retail and consumer levels and food losses along the whole food production and supply chain, including primary production, transportation and storage losses, intentionally non-harvested agricultural production and post-harvest losses;”

Amendment    38

Proposal for a directive

Article 1 – point 2 – point c

Directive 2008/98/EC

Article 3 – point 4

 

Text proposed by the Commission

Amendment

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, non-animal agricultural waste (including post-harvest losses), food and kitchen waste from households, restaurants, caterers and retail premises, comparable waste from food production and processing plants and other waste with similar biodegradability and compostability properties that is comparable in nature and composition;

Amendment    39

Proposal for a directive

Article 1 – point 2 – point d

Directive 2008/98/EC

Article 3 – point 4a

 

Text proposed by the Commission

Amendment

4a.  "construction and demolition waste" means waste falling under the construction and demolition waste categories referred to in the list of waste adopted pursuant to Article 7;

4a.  "construction and demolition waste" means waste falling under the construction and demolition waste categories, including lightweight materials, referred to in the list of waste adopted pursuant to Article 7;'

Amendment    40

Proposal for a directive

Article 1 – point 2 – point d a (new)

Directive 2008/98/EC

Article 3 – point 4 b (new)

 

Text proposed by the Commission

Amendment

 

(da)   the following point is inserted:

 

“4b.  "permanent materials" means materials which can be classified as materials that once produced are able to be recycled without loss of quality, regardless of how often the material is recycled.”

Amendment    41

Proposal for a directive

Article 1 – point 2 – point d b (new)

Directive 2008/98/EC

Article 3 – point 9 a (new)

 

Text proposed by the Commission

Amendment

 

(db)  the following point is inserted:

 

“9a.  "extended producer responsibility" means the producer´s full or partial operational and/or financial responsibility for a product extended to the post-consumer stage of a product´s life cycle as a means for Member States to meet Union waste targets and increase the re-use and recycling rates;”

Amendment    42

Proposal for a directive

Article 1 – point 2 – point e

Directive 2008/98/EC

Article 3 – point 16

 

Text proposed by the Commission

Amendment

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 are prepared so that they can be re-used without any other pre-processing;

Amendment    43

Proposal for a directive

Article 1 – point 2 – point e a (new)

Directive 2008/98/EC

Article 3 – point 16 a (new)

 

Text proposed by the Commission

Amendment

 

(ea)   the following point is inserted:

 

'16a.  "dilution" means the mixing of waste, with one or more other materials or waste, for the purpose of lowering, without chemical transformation, the concentration of the components which are present in the waste, in order to allow the diluted waste to be sent for processing or recycling that would otherwise be prohibited for the undiluted waste.' 

Amendment    44

Proposal for a directive

Article 1 – point 2 – point f

Directive 2008/98/CE

Article 3 – point 17a

 

Text proposed by the Commission

Amendment

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 mechanical sorting operation is needed and when waste and waste materials, considered to have ceased to be waste in accordance with Article 6(1), enter a production process and are effectively reprocessed into products, materials or substances;

Amendment    45

Proposal for a directive

Article 1 – point 2 – point f a (new)

Directive 2008/98/EC

Article 3 – point 17 b a (new)

 

Text proposed by the Commission

Amendment

 

(fa)   the following point is inserted:

 

“17ba.  "organic recycling" means the aerobic (i.e., composting) treatment, both in the domestic form and under controlled conditions, and using either micro-organisms or worms, of the biodegradable parts of waste, which produces compost. Landfill shall not be considered to be a form of organic recycling;”

Amendment    46

Proposal for a directive

Article 1 – point 2 – point f b (new)

Directive 2008/98/EC

Article 3 – point 20 a (new)

 

Text proposed by the Commission

Amendment

 

(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    47

Proposal for a directive

Article 1 – point 2 – point f c (new)

Directive 2008/98/EC

Article 3 – point 20 b (new)

 

Text proposed by the Commission

Amendment

 

(fc)   the following point is added:

 

“20b.  “reconditioning” means the process of returning a product to a satisfactory working condition by rebuilding or repairing major components that are close to failure.”

Amendment    48

Proposal for a directive

Article 1 – point 2 – point f d (new)

Directive 2008/98/EC

Article 3 – point 20 c (new)

 

Text proposed by the Commission

Amendment

 

(fd)  the following point is added:

 

“20c.  "collectable waste oil" means waste oil that is capable of being collected, typically 50% of the annual lubricants consumption in the Member States;”

Amendment    49

Proposal for a directive

Article 1 – point 3

Directive 2008/98/EC

Article 4 – paragraph 3

 

Text proposed by the Commission

Amendment

3.  Member States shall make use of adequate economic instruments to provide incentives for the application of the waste hierarchy.

3.  In order to contribute to the objectives laid down in this Directive and to provide incentives for the application of the waste hierarchy, Member States shall make use of adequate economic instruments or other measures. To that end, Member States may make use of the economic instruments or other measures as set out in Annex VIa.

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 or other measures 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.

Amendment    50

Proposal for a directive

Article 1 – point 3 a (new)

Directive 2008/98/EC

Article 4 – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

(3a)  In Article 4, the following paragraph is added:

 

“3a.   Waste shall be sorted prior to energy recovery or to final disposal in landfill in order to support the effective extraction of recyclable materials. The biodegradable parts shall also be treated.

 

By way of derogation from the first subparagraph, separately collected bio waste may be sent to anaerobic digestion or other process installations using biodegradable waste as their exclusive input, provided that the quality of the bio-waste meets the requirements of those installations.”

Amendment    51

Proposal for a directive

Article 1 – point 4 – point b

Directive 2008/98/EC

Article 5 – paragraph 2

 

Text proposed by the Commission

Amendment

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 Council and the European Parliament shall, by means of the ordinary legislative procedure, and with assistance of the Commission, establish detailed criteria on the application of the conditions laid down in paragraph 1 to specific substances or objects.

Amendment    52

Proposal for a directive

Article 1 – point 5 – point a – point i

Directive 2008/98/EC

Article 6 – paragraph 1 – subparagraph 1 – point -a (new)

 

Text proposed by the Commission

Amendment

 

(-a)  the waste has undergone a preparation for re-use operation;

Amendment    53

Proposal for a directive

Article 1 – point 5 – point b

Directive 2008/98/EC

Article 6 – paragraph 2

 

Text proposed by the Commission

Amendment

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 in order to establish detailed criteria on the application of the conditions laid down in paragraph 1 to certain waste. End-of-waste specific criteria are to be considered for certain materials such as aggregates, paper, glass, metal, plastic, tyres and textiles. 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.

Amendment    54

Proposal for a directive

Article 1 – point 7 – point -a (new)

Directive 2008/98/EC

Article 8 – paragraph 1 – subparagraph 1

 

Present text

Amendment

 

(-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    55

Proposal for a directive

Article 1 – point 7 – point a

Directive 2008/98/EC

Article 8 – paragraph 1 – subparagraph 2 a

 

Text proposed by the Commission

Amendment

Such measures may also include the establishment of extended producer responsibility schemes defining specific operational and financial obligations for producers of products.

Such measures shall also include the establishment of extended producer responsibility schemes defining specific operational, organisational and 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. Producer responsibility shall aim at covering all products placed in the market.

Amendment    56

Proposal for a directive

Article 1 – point 7 – point b

Directive 2008/98/EC

Article 8 – paragraph 2 – subparagraph 2

 

Text proposed by the Commission

Amendment

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, inter alia, 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 made available on the market or 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, the waste hierarchy and relevant Union legislation and standards already applicable to products.

Amendment    57

Proposal for a directive

Article 1 – point 7 – point c

Directive 2008/98/EC

Article 8 – paragraph 5

 

Text proposed by the Commission

Amendment

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.  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 and may provide guidelines on relevant aspects.

Amendment    58

Proposal for a directive

Article 1 – point 8

Directive 2008/98/EC

Article 8a – paragraph 1 – indent 1

 

Text proposed by the Commission

Amendment

-  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 producers of products placing goods on the market of the Union (i.e. any natural or legal person which professionally develops, manufactures, processes, treats, sells or imports products), organisations implementing extended producer responsibility on their behalf, private or public waste operators, local authorities, distributors and retailers, end-users and consumers, reuse and repair networks, and, recognised preparation for re-use operators;

Amendment    59

Proposal for a directive

Article 1 – point 8

Directive 2008/98/EC

Article 8 a – paragraph 1 – indent 2

 

Text proposed by the Commission

Amendment

-  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 prevention, re-use, preparation for re-use, and recycling targets as well as minimum recycled content targets for plastics, 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 and other objectives that are considered as relevant for the scheme;

Amendment    60

Proposal for a directive

Article 1 – point 8

Directive 2008/98/EC

Article 8 a – paragraph 1 – indent 3

 

Text proposed by the Commission

Amendment

-  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 data on the products, or, as appropriate, packaging, placed on the Union market by the producers subject to extended producer responsibility. Once those products, or, as appropriate, packaging, 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;

Amendment    61

Proposal for a directive

Article 1 – point 8

Directive 2008/98/EC

Article 8 a – paragraph 1 – indent 4

 

Text proposed by the Commission

Amendment

-  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 and waste and recycling operators and with regards to small and medium enterprises.

Amendment    62

Proposal for a directive

Article 1 – point 8

Directive 2008/98/EC

Article 8 a – paragraph 1 – indent 4 a (new)

 

Text proposed by the Commission

Amendment

 

-  contain requirements for improvements in product design (eco-design) with a view to prevention of waste, not just recycling and recovery of materials, including optimised end-of-life treatment in order to foster better material efficiency and reward the efforts of the producer that take into account the reusability, reparability and recyclability of products;

Amendment    63

Proposal for a directive

Article 1 – point 8

Directive 2008/98/EC

Article 8 a – paragraph 3 – point b

 

Text proposed by the Commission

Amendment

(b)  has the necessary operational and financial means to meet its extended producer responsibility obligations;

(b)  has the necessary operational, organisational and financial means to meet its extended producer responsibility obligations;

Amendment    64

Proposal for a directive

Article 1 – point 8

Directive 2008/98/EC

Article 8 a – paragraph 4 – point a

 

Text proposed by the Commission

Amendment

(a)  cover the entire cost of waste management for the products it puts on the Union market, including all the following:

(a)  cover the following costs of waste management for the products it puts on the Union market:

-   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 for recycling, preparing for re-use and recycling, recycling and other recovery 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 providing adequate information to waste holders in accordance with paragraph 2;

–  costs of providing adequate information to waste holders in accordance with paragraph 2;

–  costs of data gathering and reporting in accordance with paragraph 1, third indent.

–  costs of data gathering and reporting in accordance with paragraph 1, third indent.

Amendment    65

Proposal for a directive

Article 1 – point 8

Directive 2008/98/EC

Article 8 a – paragraph 4 – point b

 

Text proposed by the Commission

Amendment

(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)  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, reparability, recyclability, the presence of hazardous substances and the use of permanent materials which are able to be recycled multiple times without losing their characteristics. In order to create optimised market conditions for producers to take advantage of such a modulation, a set of criteria, acting as a basis for modulation, and their measurement method shall be established for the internal market of the Union. By...[ insert the date: 2 years after the entry into force of this Directive], the Commission shall conduct a study and establish a multi-stakeholder platform in cooperation with Member States and relevant industry sectors to set out those criteria and adopt implementing acts in accordance with Article 39(2).

Amendment    66

Proposal for a directive

Article 1 – point 8

Directive 2008/98/EC

Article 8 a – paragraph 5 – subparagraph 1

 

Text proposed by the Commission

Amendment

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, the financial means are properly used, and all actors involved in the implementation of the scheme report reliable data. When a product is covered by an extended producer responsibility scheme, Member States shall ensure that the treatment of the residual waste produced during the re-use and preparing for re-use process of that product is covered by the extended producer responsibility fee.

Amendment    67

Proposal for a directive

Article 1 – point 8

Directive 2008/98/EC

Article 8 a – paragraph 7 a (new)

 

Text proposed by the Commission

Amendment

 

7a.  The roles and responsibilities of any other actor involved in the waste chain shall be defined in a clear way.

Amendment    68

Proposal for a directive

Article 1 – point 9

Directive 2008/98/EC

Article 9 – title

 

Text proposed by the Commission

Amendment

Prevention of waste

Re-use and prevention of waste

Amendment    69

Proposal for a directive

Article 1 – point 9

Directive 2008/98/EC

Article 9 – paragraph 1 – indent 1

 

Text proposed by the Commission

Amendment

-  encourage the use of products that are resource efficient, durable, reparable and recyclable;

-  promote and support the production and use of products that are resource efficient, durable, reusable, reparable and recyclable, including products produced from sustainable renewable raw materials;

Amendment    70

Proposal for a directive

Article 1 – point 9

Directive 2008/98/EC

Article 9 – paragraph 1 – indent 2

 

Text proposed by the Commission

Amendment

-  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 encourage the re-use of products containing a significant amount of critical raw materials, whose supply is associated with a high risk, also with regard to security of supply, to prevent that those materials become waste;

Amendment    71

Proposal for a directive

Article 1 – point 9

Directive 2008/98/EC

Article 9 – paragraph 1 – indent 3

 

Text proposed by the Commission

Amendment

-  encourage the setting up of systems promoting reuse activities, including in particular for electrical and electronic equipment, textiles and furniture;

-  support the setting up of systems, including in particular digital information platforms, promoting repair and re-use activities, remanufacturing and reconditioning activities, including in particular for electrical and electronic equipment, tyre, textiles, furniture, as well as for packaging and construction materials and products;

Amendment    72

Proposal for a directive

Article 1 – point 9

Directive 2008/98/EC

Article 9 – paragraph 1 – indent 3 a (new)

 

Text proposed by the Commission

Amendment

 

-  encourage support for small and medium-sized enterprises (SMEs), with special attention to micro enterprises, start-ups and other relevant endeavours that spread the awareness about, advertise, promote or directly provide services related to maintenance of aging products, use of recycled materials, and prevention of waste in general in line with the waste hierarchy and the concept of the circular economy;