Activities of Karl-Heinz FLORENZ related to 2015/0275(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2008/98/EC on waste PDF (1 MB) DOC (278 KB)
Amendments (30)
Amendment 169 #
Draft legislative resolution
Citation 8 a (new)
Citation 8 a (new)
- Having regard to the Report of the European Parliament "Resource Efficiency: moving towards a Circular Economy",
Amendment 170 #
Draft legislative resolution
Citation 8 b (new)
Citation 8 b (new)
- Having regard to the report of the International Resource Panel "Resource Efficiency: Potential and Economic Implications UNEP (2016)",
Amendment 240 #
Proposal for a directive
Recital 9
Recital 9
(9) Extended producer responsibility schemes form an essential part of efficient waste management, but their effectiveness and performance differ significantly between Member States. Thus, it is necessary to set minimum operating requirements for extended producer responsibility. Those requirements should reduce costs and boost performance, as well as ensure a level-playing field, including for small and medium sized enterprises as well as e-commerce 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.
Amendment 241 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Other Union legal acts, such as Directive 94/62/EC or 2012/19/EU, also contain provisions concerning producer responsibility, regarding, among other things, the producers' responsibility for the costs incurred in different stages of waste management. These provisions sometimes differ from the general rules established by this directive. Taking into account e.g. the need to ensure the functioning of the internal market and to avoid obstacles to trade and distortion and restriction of competition within the Community, this this Directive should be without prejudice to the continued application of the rules contained in those legislative acts.
Amendment 347 #
Proposal for a directive
Recital 25
Recital 25
(25) Littering has direct detrimental impacts on the environment and the wellbeing of citizens, and high clean-up costs are an unnecessary economic burden for society. The introduction of specific measures in waste management plans and proper enforcement by competent authorities should help eradicate this problem. Furthermore, education and awareness raising play a crucial role in order to spur behavioural change.
Amendment 410 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 2008/98/EC
Article 3 – point 1a – paragraph 2 a (new)
Article 3 – point 1a – paragraph 2 a (new)
The definition of municipal waste in this Directive is neutral with regard to the public or private status of the operator managing waste.
Amendment 416 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a b (new)
Article 1 – paragraph 1 – point 2 – point a b (new)
Directive 2008/98/EC
Article 3 – point 1a – paragraph 2 a (new)
Article 3 – point 1a – paragraph 2 a (new)
Member States may use corresponding categories in the list of waste for statistical purposes.
Amendment 474 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point f
Article 1 – paragraph 1 – point 2 – point f
Directive 2008/98/EC
Article 3 – point 17a
Article 3 – point 17a
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;
Amendment 486 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point f
Article 1 – paragraph 1 – point 2 – point f
Directive 2008/98/EC
Article 3 – point 17 b
Article 3 – point 17 b
17b. "backfilling" means any recovery operation where suitableother than recycling where suitable 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;
Amendment 526 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2008/98/EC
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
3. Member States shall make use of adequate economic instruments to provide incentives for the application of the waste hierarchy. Member States shall ensure that the allocation of all EU funds are in line with the waste hierarchy and that investments in the waste management shall prioritise the top of the waste hierarchy (prevention, reuse, preparation for reuse and recycling)
Amendment 532 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Member States shall establish fee systems in order to ensure the full financing of the waste management infrastructure for municipal waste necessary for the implementation of this Directive.
Amendment 562 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
Directive 2008/98/EC
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 38a in order to establish detailed criteria on the application of the conditions laid down in paragraph 1 to specific substances or objects. The Commission shall prioritise the existing and replicable practices of industrial symbiosis in the development of the detailed criteria.
Amendment 601 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2008/98/EC
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall notify the Commission of technical regulations adopted under paragraph 1 in accordance with Directive 2015/1535/EC of the European Parliament and of the Council where so required by that DirectiveWhere 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. Member States shall notify the Commission of technical regulations adopted under paragraph 1 in accordance with Directive 2015/1535/EC where so required by that Directive. In view of ensuring coherence in the single market the Commission shall adopt by delegated acts general requirements to be followed by Member States when they adopt technical regulations under paragraph 1.
Amendment 625 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point a
Article 1 – paragraph 1 – point 7 – point a
Directive 2008/98/EC
Article 8 – paragraph 1 – subparagraph 3
Article 8 – paragraph 1 – subparagraph 3
Such measures may also include the establishment of extended producer responsibility schemes defining specific operational and financial obligations for producers of products. Irrespective of whether or not such schemes are established, producers of the product may choose to fulfil their extended producer responsibility individually.
Amendment 648 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Directive 2008/98/EC
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The Commission shall organise an exchange of information between Member States and the actors involved in producer responsibility schemes on the practical implementation of the requirements defined in Article 8a and on best practices to ensure adequate governance and cross- border cooperation of extended producer responsibility schemes 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 harmonized criteria for the financial contributions referred to in point (b) of Article 8a (4), the selection of waste management operators and the prevention of littering. The Commission shall publish the results of the exchange of information. No later than [insert date 12 months after the entry into force of this Directive], the Commission shall conduct a study and establish a multi-stakeholder platform in cooperation with the Member States to define the harmonized criteria for the financial contributions referred to in point (b) of Article 8a(4). The Commission shall adopt delegated acts in accordance with Article 38a to supplement this Directive by laying down harmonized criteria for determining the financial contributions referred to in point (b) of Article 8a(4).
Amendment 660 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c a (new)
Article 1 – paragraph 1 – point 7 – point c a (new)
Directive 2008/98/EC
Article 8 – paragraph 5 a (new)
Article 8 – paragraph 5 a (new)
(ca) the following paragraph is inserted: "5a. The provisions of Article 8 and Article 8a are without prejudice to the provisions concerning extended producer responsibility contained in other Union legal acts."
Amendment 674 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8a – paragraph 1 – indent 1
Article 8a – paragraph 1 – indent 1
- define in a clear way the roles and responsibilities of producers of products placing goods on the market of the Union, organisations implementing extended producer responsibility on their behalf, private or public waste operators, distributors, local authorities, consumers and, where appropriate, reuse and repair networks and recognised preparation for re-use operators;
Amendment 761 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8a – paragraph 4 – point a – indent 1
Article 8a – paragraph 4 – point a – indent 1
- costs of separate collection, sorting and related 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;
Amendment 782 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8a – paragraph 4 – point b
Article 8a – paragraph 4 – point b
(b) are modulated on the basis of the real end-of-life cost of individual products or groups of similar products, notably by taking into account their re-pairability, re- usability and recyclability; and the presence of hazardous substances based on harmonized criteria in order to ensure a smooth functioning of the internal market.
Amendment 821 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8a – paragraph 6
Article 8a – paragraph 6
6. Member States shall establish a platform to ensure a regular dialogue between the stakeholders involved in the implementation of extended producer responsibility, including producers and distributors, consumers, private or public waste operators, local authorities and, where applicable, repair and re-use networks and recognised preparation for re-use operators.'
Amendment 1065 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point e
Article 1 – paragraph 1 – point 10 – point e
Directive 2008/98/EC
Article 11 – paragraph 3 – subparagraph 1
Article 11 – paragraph 3 – subparagraph 1
Estonia, Greece, Croatia, Latvia, Malta, Romania and Slovakia may obtainrequest 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 measprovided that they have met the target in Article 11 paragraph 2(a). The Member State shall submit a request to the Commission to make use of such additional five years at the latest 24 months before the respective deadlines laid down in paragraphs 2(c). (This AM should be seen in combination with AM 117 of the rapporteur es 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.tablishing requirements for the implementation plans.)
Amendment 1074 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point e
Article 1 – paragraph 1 – point 10 – point e
Directive 2008/98/EC
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. The Member States referred to in paragraph 3, which prepare for re-use and recycle at least 60 % of their municipal waste by 2030, may obtain an additional five years for the attainment of the target referred to in point (d) of paragraph 2. In order to request such an extension, a Member State shall submit its request to the Commission in accordance with paragraph 3. However, if the Member State does not reach at least 60 % preparing for re-use and recycling of its municipal waste by 2030, the above extension shall be considered to be automatically cancelled.
Amendment 1148 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2008/98/EC
Article 11a – paragraph 5
Article 11a – paragraph 5
5. For the purposes of calculating whether the targets laid down in Article 11(2)(c) and (d) and Article 11(3) have been achieved Member States may take into account the recycling of metals that takes place in conjunction with incineration and of minerals that takes place in conjunction with co-incineration, only if waste has been sorted prior to incineration or if the obligation to set up separate collection for paper, metal, plastic, glass and biowaste has been complied with, in proportion to the share of the municipal waste incinerated or co- incinerated provided that the recycled metals meet certain quality requirements.
Amendment 1154 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2008/98/EC
Article 11a – paragraph 6
Article 11a – paragraph 6
6. In order to ensure harmonised conditions for the application of paragraph 5, the Commission shall adopt delegated acts in accordance with Article 38a establishing a common methodology for the calculation of the weight of metals and of minerals that have been recycled in conjunction with co-incineration that have been recycled in conjunction with incineration, including, the quality criteria for the recycled metaterials.
Amendment 1213 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2008/98/EC
Article 22 – paragraph 1
Article 22 – paragraph 1
Member States shall ensureset up systems for the separate collection of bio-waste where technically, environmentally and economicby 31 December 2020 where environmentally practicable and appropriate to ensure the relevant quality standards for compost and digestate and to attain the targets set out in Article 11(2)(a), (c) and (d) and 11(3).
Amendment 1235 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2008/98/EC
Article 26 – paragraph 3
Article 26 – paragraph 3
Member States may exempt the competent authorities from keeping a register of establishments or undertakings which collect or transport quantities of non- hazardous waste not exceeding 20 tonnes and of hazardous waste not exceeding 2 tonnes annually.
Amendment 1241 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2008/98/EC
Article 26 – paragraph 4
Article 26 – paragraph 4
Amendment 1245 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point b a (new)
Article 1 – paragraph 1 – point 15 – point b a (new)
Directive 2008/98/EC
Article 27 – paragraph 4 a (new)
Article 27 – paragraph 4 a (new)
(ba) The following paragraph is added: 4a. The Commission shall, not later than [6 months after the entry into force of this Directive], request the European standardisation organisations to develop European quality standards for sorted waste and for secondary raw materials (output of the final recycling), in particular for plastics.
Amendment 1266 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2008/98/EC
Article 37 –paragraph 1
Article 37 –paragraph 1
1. Member States shall report the data concerning the implementation of Article 11(2)(a) to (d) and Article 11(3) for each calendar year to the Commission. They shall report this data electronically within 18 months of the end of the reporting year for which the data are collected. The data shall be reported in the format established by the Commission in accordance with paragraph 6. The first reporting with respect to the targets in Article 11(2) (c) and (d) and 11(3) shall cover the data for the period from 1 January 2020 to 31 December 2020.
Amendment 1276 #
Proposal for a directive
Article 1 – paragraph 1 – point 21 a (new)
Article 1 – paragraph 1 – point 21 a (new)
Directive 2008/98/EC
Article 37 a (new)
Article 37 a (new)
(21a) The following Article is inserted: 'Article 37a Framework for Circular Economy In order to support the objectives of this Directive as defined in Article 1, and not later than 31 December 2018, the Commission shall: draw up an impact report to identify legislations whose interactions hamper the development of synergies between different industries and prevent the subsequent use of by-products and the preparation for reuse and recycling of waste for specific applications. This report may 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.'