48 Amendments of Angélique DELAHAYE related to 2015/0275(COD)
Amendment 193 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) The original waste producer has a key role to play in waste prevention and at the initial pre-sorting stage.
Amendment 219 #
Proposal for a directive
Recital 8
Recital 8
(8) In order to provide operators in markets for secondary raw materials with more certainty as to the waste or non-waste status of substances or objects and promote a level playing field, it is important to establish at the Union level harmonized conditions for substances or objects to be recognised as by-products deriving from a production process 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. The Commission should be empowered to adopt delegated acts establishing minimum harmonised standards on the rules on end-of-waste status, in order to ensure the smooth functioning of the internal market and reduce the risk of distortion of competition in the Union.
Amendment 248 #
Proposal for a directive
Recital 10
Recital 10
(10) Waste prevention is the most efficient way to improve resource efficiency and to reduce the environmental impact of waste. It is important therefore that Member States take appropriate measures to prevent waste generation by all the actors involved 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.
Amendment 252 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) The promotion of sustainability in production and consumption can contribute significantly to waste prevention. Member States should take steps to make consumers aware of this and encourage them to participate more actively in order to improve resource efficiency.
Amendment 254 #
Proposal for a directive
Recital 12
Recital 12
(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 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 restauraand reduce food waste at all stages and in all forms of consumption and prevents and food services as well as in householdreduce food losses along the production and supply chains. Having regard to the environmental, social and economic benefits of preventing food wasteand reducing food waste and food losses, Member States should establish specific food waste prevention measures in their waste prevention programmes, in order to contribute to reaching the Union-wide 50% food waste reduction target by 2030 and should measure progress made in food waste reduction and food losses. To facilitate exchange of good practice across the EU both between Member States and between, food business operators, uniform and civil society, harmonised methodologies for such measurement should be established. Reporting on food waste and loss levels should take place on a biennial basis. In order to avoid food waste, Member States should facilitate the recovery and redistribution of healthy and nutritious foodstuffs for human consumption by, for example, establishing agreements that enable all the actors in the food distribution chain to make unsold products available to the food aid organisations for which this is technically possible. The Commission should present guidelines for the recovery and redistribution of healthy and nutritious foodstuffs for human consumption.
Amendment 287 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) 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 solidarity-based economy. Steps should be taken to ensure the perpetuity of these activities in the European Union.
Amendment 298 #
Proposal for a directive
Recital 15
Recital 15
(15) Through a progressive increase of the existing targets for preparation for re- use and recycling of municipal waste, it should be ensured that economically valuable waste materials are re-used and effectively recycled, provided that they are not harmful to human health and comply with the legislation on products that come into contact with food, if applicable, and that valuable materials found in waste are channelled back into the European economy, thus advancing the Raw Materials Initiative17 and the creation of a circular economy. __________________ 17 COM(2008)699 and COM(2014)297. COM(2008)699 and COM(2014)297.
Amendment 391 #
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 1 a – point b
Article 3 – point 1 a – point b
(b) mixed waste and separately collected waste from other sources that is comparablesimilar to household waste in nature, composition and quantity.
Amendment 413 #
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 is neutral as regards the private or public status of the waste management operator.
Amendment 418 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a a (new)
Article 1 – paragraph 1 – point 2 – point a a (new)
Directive 2008/98/EC
Article 3 – point 1 b (new)
Article 3 – point 1 b (new)
(aa) the following point is inserted: 1b. '"commercial and industrial waste" means mixed waste and separately collected waste derived from commercial or industrial activities and from the activities of administrations, or their installations. Commercial and industrial waste does not include municipal waste, construction and demolition waste and waste from sewerage networks and sewage treatment plants, including sewage sludge;'
Amendment 434 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Directive 2008/98/EC
Article 3 – point 4
Article 3 – point 4
4. "bio-waste" means biodegradable garden and park waste, food and kitchen waste from households, restaurants, caterers and retail premises, comparable waste from food processing plants and other waste with similar biodegradability properties that is comparablesimilar in nature, composition and quantity;
Amendment 463 #
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 a
Article 3 – point 17 a
Amendment 489 #
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 suitable inert, 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 500 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point f b (new)
Article 1 – paragraph 1 – point 2 – point f b (new)
(fb) The following point 22 is inserted: 22. 'littering' means throwing away or leaving small amounts of urban waste where they lie, without using the available facilities for their disposal.
Amendment 503 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point f c (new)
Article 1 – paragraph 1 – point 2 – point f c (new)
Directive 2008/98/EC
Article 3 – point 23 (new)
Article 3 – point 23 (new)
(fc) The following point 23 is inserted: (23) 'food waste' means any food intended for human consumption which is lost, thrown away or degraded at a stage in the food supply chain. Products which are redirected to become donated food or animal feed are not regarded as food waste. If it has not been possible to find any food use within a short time, taking into account the perishable nature of certain products, other uses for the products with a view to non-food use for purposes of fertilisation, composting or production of biogas cannot be regarded as food waste.
Amendment 514 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point f h (new)
Article 1 – paragraph 1 – point 2 – point f h (new)
Directive 2008/98/EC
Article 3 – point 29 (new)
Article 3 – point 29 (new)
(fh) The following point 28 is inserted: 28. '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 reuse or recycling.
Amendment 523 #
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 shallmay make use of adequate economic instruments to provide incentives for the application of the waste hierarchy, to maximise the use of raw materials derived from recycling and to offset the cost disparities with virgin raw materials. These economic instruments shall have the objective of: encouraging the use of raw materials derived from recycling; rewarding the environmental benefits of raw materials derived from recycling in terms of energy saving and emissions; encouraging the re-use and recycling of waste.
Amendment 541 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point -a (new)
Article 1 – paragraph 1 – point 4 – point -a (new)
Directive 2008/98/EC
Article 5 – title
Article 5 – title
Amendment 546 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Directive 2008/98/EC
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Member States shall ensure that aA 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-productnot waste if the following conditions are met:
Amendment 554 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a a (new)
Article 1 – paragraph 1 – point 4 – point a a (new)
Directive 2008/98/EC
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
(aa) the following paragraph 1a is inserted: ‘1a. A substance or an object resulting from a production process which uses waste wholly or partially as a raw material is not regarded as being waste when said substance or object has characteristics comparable to the substance or object that would have been produced without use of waste materials. A process the main purpose of which is treatment of waste is not regarded as being a production process within the meaning of this paragraph.’
Amendment 556 #
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
(b) paragraph 2 is replaced by the following: ‘2. 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.’deleted; The Commission shall be
Amendment 565 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point c
Article 1 – paragraph 1 – point 4 – point c
Directive 2008/98/EC
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 571 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a – point i
Article 1 – paragraph 1 – point 5 – point a – point i
Directive 2008/98/EC
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Member StaCertain specified wastes shall ensure that waste whichcease to be waste within the meaning of point (1) of Article 3 when it has undergone a recovery operation, is considered to have ceased to be waste if it compliesncluding recycling, and in accordance with specific criteria to be developed consistent with the following conditions:
Amendment 576 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a – point i
Article 1 – paragraph 1 – point 5 – point a – point i
Directive 2008/98/EC
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) the substance or object can beis used for specific purposes;
Amendment 577 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a and point i a (new)
Article 1 – paragraph 1 – point 5 – point a and point i a (new)
Directive 2008/98/EC
Article 6 – paragraph 1 – point a a (new)
Article 6 – paragraph 1 – point a a (new)
(aa) the substance or object will be used directly without any further processing other than normal industrial practice, waste treatment being the sole exception;
Amendment 592 #
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 2
Article 6 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 38a in order to establish detailed criteria on the application of the conditions laid down in paragraph 1 to certain waste. Those detailed criteria shall include limit values for pollutants where necessary and shall take into account any possible adverse environmental or public health effects of the substance or object.
Amendment 594 #
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 2 a (new)
Article 6 – paragraph 2 a (new)
2a. The Commission shall be empowered to adopt delegated acts in accordance with Article 38a in order to lay down the measures and requirements of an EU framework for harmonisation of procedures to obtain end-of-waste status. These measures and requirements shall include a regulatory framework enabling: mutual recognition of national procedures determining end-of-waste status; the drawing up of harmonised standards concerning the application to certain types of waste of the conditions set out in paragraph 1; and the drawing up, in accordance with the investigation conducted by a Member State, of detailed criteria concerning the application to certain types of waste of the conditions listed in paragraph 1.
Amendment 603 #
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. Where no criteria have been established at EU level under the procedure set out in paragraph 2, Member States may establish detailed criteria on the application to specific types of waste of the conditions laid down in paragraph 1, taking account of applicable case-law. 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.
Amendment 643 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Directive 2008/98/EC
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Such measures may encourage, inter alia, the development, production and marketing of products and materials that are suitable for multiple use and multiple recycling, 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.
Amendment 693 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8 a – paragraph 1 – indent 4 a (new)
Article 8 a – paragraph 1 – indent 4 a (new)
- ensure that producer responsibility schemes are organised in such a way as to promote efficient and high-quality recycling;
Amendment 719 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8a – paragraph 3 – point b
Article 8a – paragraph 3 – point b
(b) has the necessary operational and/or financial means to meet its extended producer responsibility obligations;
Amendment 739 #
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 – introductory words
Article 8a – paragraph 4 – point a – introductory words
(a) cover the entirall or part of the cost of waste management for the products it puts on the Union market, including all the following:
Amendment 787 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
(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 while ensuring the smooth functioning of the internal market;
Amendment 795 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8 a – paragraph 4 – point c
Article 8 a – paragraph 4 – point c
(c) are based on the optimised cost of the optimised waste production services provided in cases where public waste management operators are responsible for implementing operational tasks on behalf of the extended producer responsibility scheme.
Amendment 811 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8a – paragraph 5 – subparagraph 2
Article 8a – paragraph 5 – subparagraph 2
Where, in the territory of a Member State, multiple organisations implement extended producer responsibility obligations on behalf of the producers, Member State shall establish an independent authority to oversee thensure the full and correct implementation of extended producer responsibility obligations, while also ensuring free and undistorted competition.
Amendment 827 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8a – paragraph 6 a (new)
Article 8a – paragraph 6 a (new)
6a. Member States shall ensure that any new extended producer responsibility system is economically and environmentally feasible by, for example, conducting an impact assessment before it is introduced;
Amendment 915 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2008/98/EC
Article 9 – paragraph 1 – indent 5 a (new)
Article 9 – paragraph 1 – indent 5 a (new)
– prevent littering by discouraging the marketing and the use of non- recyclable single-use products.
Amendment 922 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2008/98/EC
Article 9 – paragraph 1 – indent 5 a (new)
Article 9 – paragraph 1 – indent 5 a (new)
- include the development of continuous communication and education campaigns to raise awareness on the issues surrounding waste prevention and littering, to raise awareness among consumers and to encourage them to take on a far more active role;
Amendment 942 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2008/98/EC
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall monitor and assess the implementation of their food waste prevention measures by measuring levels of food waste on the basis of a common methodologies established in accordance with paragraph 4y. By 31 December 2016 at the latest, the Commission shall adopt a delegated act in accordance with Article 38a to establish the methodology, including minimum quality requirements, for uniform measurement of levels of food waste.
Amendment 1027 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d
Article 1 – paragraph 1 – point 10 – point d
(c) by 2025, the preparing for re-use and the recycling of municipal waste shall be increased to a minimum of 60% by weight, with a minimum of 2% of municipal waste prepared for re-use;
Amendment 1039 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d
Article 1 – paragraph 1 – point 10 – point d
Directive 2008/98/EC
Article 11 – paragraph 2 – point d
Article 11 – paragraph 2 – point d
(d) by 2030, the preparing for re-use and the recycling of municipal waste shall be increased to a minimum of 65% by weight., with a minimum of 4% of municipal waste prepared for re-use;
Amendment 1093 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2008/98/EC
Article 11a – paragraph 1 – point a
Article 11a – paragraph 1 – point a
(a) the weight of the municipal waste recycled shall be understood as the weight of the input waste entering the finalwaste output from the first sorting operation, less the weight of materials or substances eliminated during subsequent operations and not forming part of a recycling process;
Amendment 1106 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2008/98/EC
Article 11a – paragraph 1 – point c
Article 11a – paragraph 1 – point c
(c) Member States may include products and components prepared for re- use by recognised preparation for, when calculating the adjusted rate of municipal waste re-used and recycled, take into account the weight of electrical and electronic equipment, furniture and clothing, and of packaging as defined in Article 3(1) of Directive 94/62/EC, which have been collected by re-use operators or through deposit-refund schystemes. 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,The adjusted re-use rate may be no greater than 10% of the adjusted re-use and recycling rate. Member States shall use verified data from the operators and apply the formula set out in Annex VI, when calculating that adjusted rate.
Amendment 1113 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2008/98/EC
Article 11a – paragraph 2
Article 11a – paragraph 2
2. In order to ensure harmonised conditions for the application of paragraph 1(b) and (c) and of Annex VI, the Commission shall adopt delegated acts in accordance with Article 38a establishing minimum quality and operational requirements for the determination of recognised preparation for re-use operators and deposit-refund schemes, including specific rules on data collection, verification and reporting, and specific rules on data collection, verification and reporting applicable to re-use operators, preparation for re-use operators and deposit-refund schemes.
Amendment 1120 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2008/98/EC
Article 11a – paragraph 3
Article 11a – paragraph 3
3. By way of derogation from paragraph 1, the weight of the output of any sorting operation may be reported as the weight of the municipal waste recycled provided that: (a) final recycling process; (b) substances that are not subject to a final recycling process and that arwaste input into the process, which begins when no further sorting operation is necessary and when the waste has actually been reprocessed into products, materials or substances may be reported as the weight of the municipal waste recycled. such output waste disposed or subject to energy recovery remains below 10% of the total weight to be reported as recycled. sent into a the weight of materials or
Amendment 1135 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2008/98/EC
Article 11a – paragraph 4
Article 11a – paragraph 4
4. Member States shall establish an effective system of quality control and traceability of the municipal waste to ensure that conditions laid down in paragraph 31(a) and (b) are met. The system mayshall 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. By way of derogation, Member States may quantify the weight of materials or substances excluded after leaving the last sorting centre by using the standard reduction rates. The Commission shall adopt delegated acts in accordance with Article 38a in order to establish the harmonised standard reduction rates for the various waste flows of which municipal waste consists.
Amendment 1178 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)
Article 1 – paragraph 1 – point 12 a (new)
Directive 2008/98/CE
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
(12a) In Article 15(2), the second subparagraph is replaced by the following: Without prejudice to Regulation (EC) No 1013/2006, Member States may specify the conditions of responsibility and decide in which cases the original producer is to retain responsibility for the whole treatment chain or in which cases the responsibility of the producer and the holder can be shared or delegated among the actors of the treatment chain.
Amendment 1215 #
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
As from 2025 Member States shall ensure the separate collectionorganise a separation at source 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)in order to ensure that it is recycled, to attain the targets set out in Article 11(2)(a), (c) and (d) and 11(3). Member States shall set up a separate collection of bio-waste where its on-site recovery is not guaranteed.