41 Amendments of Hans-Olaf HENKEL related to 2015/0275(COD)
Amendment 78 #
Proposal for a directive
Recital 2
Recital 2
(2) The targets laid down in Directive 2008/98/EC of the European Parliament and of the Council14 for preparing for re- use and recycling of waste should be amended to make them better reflect the Union's ambition to move to a circular economyfirst reached to a satisfactory extent in order that new targets can be set. __________________ 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 92 #
Proposal for a directive
Recital 7
Recital 7
(7) Member States should put in place adequate incentives for the application of the waste hierarchy, in particularfor example, 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.
Amendment 116 #
Proposal for a directive
Recital 14
Recital 14
(14) The targets for preparation for re- use and recycling of municipal waste should be increasedmet in order to deliver substantial environmental, economic and social benefits as well as to decrease Europe's dependency on imported resources.
Amendment 120 #
Proposal for a directive
Recital 15
Recital 15
(15) Through a progressive increasethe effective implementation 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. __________________ 17 COM(2008)699 and COM(2014)297.
Amendment 121 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) The 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.
Amendment 123 #
Proposal for a directive
Recital 16
Recital 16
(16) Large differences exist between Member States with respect to their waste management performance, particularly as regards recycling of municipal waste. In order to take account of those differences, those Member States which in 2013 recycled less than 20% of their municipal waste according to Eurostat data should be given additional time to comply with the preparing for re-use and recycling targets established for 2025 and 2030. In light of average annual progression rates observed in Member States over the past fifteen years, those Member States would need to increase their recycling capacity at levels that are well-above past averages to meet those targets. In order to ensure that steady progress towards the targets is made and that implementation gaps are tackled in due time, Member States that are given additional time should meet interim-targets and establish amotivate Member States performing below the EU average and to increase compliance, achievable and understandable targets should be set. Such targets should act as minimum standards and should be without prejudice to better performing Member States who wish to exceed the agreed targets within the given timplementation planeframe.
Amendment 126 #
Proposal for a directive
Recital 17
Recital 17
(17) In order to ensure the reliability of the data gathered on preparation for re-use it is essential to establish common rulguidelines for reporting. Similarly, it is important to lay down more precise rulguidelines 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.
Amendment 127 #
Proposal for a directive
Recital 18
Recital 18
(18) Member States should, for the purposes of calculating whether the preparation for re-use and recycling targets are achieved, be able to take into account products and components that are prepared for re-use by recognised re-use operators and by deposit-refund schemes and the recycling of metals that takes place in conjunction with incineration. In order to ensure a uniform calculation of this data, the Commission will adopt detailed rules on the determination of recognised preparation for re-use operators and deposit-refund schemes, on the quality criteria for recycled metals and on the collection, verification and reporting of data.
Amendment 135 #
Proposal for a directive
Recital 20
Recital 20
(20) Compliance with the obligation to set upWhere technically, environmentally and economically practicable, 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 anand bio- waste should be promoted in order to increase in preparing for re-use and recycling rates and theo prevention of the contamination of dry recyclable material in the Member States.
Amendment 145 #
Proposal for a directive
Recital 23
Recital 23
(23) Certain raw materials are of a high importance to the economy of the Union and their supply is associated with a high risk. In order to ensure security of supply of those raw materials and in line with the Raw Materials Initiative and the objectives and targets of the European Innovation Partnership on Raw Materials, Member States should take measures to achieve the best possible management of waste containing significant amounts of those raw materials, taking economic and technological feasibility and environmental benefits into account. The Commission has established a list of critical raw materials for the EU18 . This list is subject to regular review by the Commission. __________________ 18 COM(2014) 297.
Amendment 152 #
Proposal for a directive
Recital 27
Recital 27
(27) Implementation reports prepared by Member States every three years have not proved to be an effective tool for verifying compliance and ensuring good implementation, and are generating unnecessary administrative burdens. It is therefore appropriate to repeal provisions obliging Member States to produce such reports. Instead compliance monitoring should be exclusively based on the statistical data which Member States report every yearregularly to the Commission.
Amendment 160 #
Proposal for a directive
Recital 29
Recital 29
(29) In order to supplement or amend Directive 2008/98/EC, increase legal certainty, transparency and democratic scrutiny no further 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)should be delegated to the Commission other than those laid down in Directive 2008/98/EC. 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 actnew legislative proposals, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and the Council.
Amendment 162 #
Proposal for a directive
Recital 30
Recital 30
(30) In order to ensure uniform conditions for the implementation of Directive 2008/98/EC, implementing powers should be conferred on the Commission in respect of Articles 9(4), 9(5), 33(2), 35(5) and 37(6). Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council19 . __________________ 19Regulation (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)increase legal certainty, transparency and democratic scrutiny no further implementing powers should be conferred on the Commission other than those laid down in Directive 2008/98/EC.
Amendment 173 #
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 – paragraph 1a – subparagraph 2
Article 3 – paragraph 1a – subparagraph 2
Municipal waste does not include waste from sewage network and treatment, including sewage sludge and, construction and demolition waste or commercial and industrial waste, including from SMEs;
Amendment 213 #
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.
Amendment 223 #
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 Commissionuncil and the Parliament shall, be empowered to adopt delegated acts in accordance with Article 38a in order toy 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 228 #
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
Amendment 230 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Directive 2008/98/EC
Article 7 – paragraph 1 – first sentence
Article 7 – paragraph 1 – first sentence
Amendment 249 #
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. TBased on the agreement of the Member States in question, the Commission shallmay 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 8asuch schemes 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.
Amendment 250 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8a (new)
Article 8a (new)
Amendment 294 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2008/98/EC
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall take measures to prevent waste generation. These measures shallmay:
Amendment 340 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2008/98/EC
Article 9 – paragraph 5
Article 9 – paragraph 5
5. Every year, tThe European Environment Agency shall regularly 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.
Amendment 351 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a
Article 1 – paragraph 1 – point 10 – point a
Directive 2008/98/EC
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
1.Member States shallmay 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.
Amendment 370 #
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 c
Article 11 – paragraph 2 – point c
(c) by 2025, thethe targets laid down in Directive 2008/98/EC for preparing for re-use and the recycling of municipal waste shall be incfirst reasched to a minimum of 60% by weighsatisfactory extent in order that new targets for 2025 can be set;
Amendment 374 #
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, thethe targets laid down in Directive 2008/98/EC for preparing for re-use and the recycling of municipal waste shall be incfirst reasched to a minimum of 65% by weight.satisfactory extent in order that new targets for 2030 can be set;
Amendment 384 #
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
Amendment 390 #
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 2
Article 11 – paragraph 3 – subparagraph 2
Amendment 392 #
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 4
Article 11 – paragraph 4
4. By 31 December 2024 at the latest, the Commission shall examineWhen the reported data from the Member States indicates that the targets laid down in paragraph 2(d) with a view to increasArticle 11(2) of Directive 2008/98/EC are close to being imet, and considering the setting of targets for other waste streams. To this end, a report of the Commission, accompanied by a proposal, if appropriatethe Commission shall examine these targets. To this end, a report of the Commission, shall be sent to the European Parliament and the Council.
Amendment 398 #
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
Amendment 410 #
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
Amendment 449 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2008/98/EC
Article 26 –paragraph 2
Article 26 –paragraph 2
The Commission may adopt delegated acts in accordance with Article 38aprepare a legislative proposal in order to adapt the threshold for quantities of non- hazardous waste.
Amendment 450 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point a
Article 1 – paragraph 1 – point 15 – point a
Directive 2008/98/EC
Article 27 – paragraph 1
Article 27 – paragraph 1
Amendment 452 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point b
Article 1 – paragraph 1 – point 15 – point b
Directive 2008/98/EC
Article 27 – paragraph 4
Article 27 – paragraph 4
Amendment 460 #
Proposal for a directive
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Directive 2008/98/EC
Article 33 – paragraph 2
Article 33 – paragraph 2
Amendment 462 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 – point b
Article 1 – paragraph 1 – point 19 – point b
Directive 2008/98/EC
Article 35 – paragraph 5
Article 35 – paragraph 5
Amendment 463 #
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 yearregularly to the Commission. They shall report this data electronically within 18 months of the end of the reporting yearperiod 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.
Amendment 471 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2008/98/EC
Article 37 – paragraph 6
Article 37 – paragraph 6
Amendment 476 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2008/98/EC
Article 38 – paragraph 1 – subparagraph 2
Article 38 – paragraph 1 – subparagraph 2
Amendment 478 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2008/98/EC
Article 38 – paragraph 2
Article 38 – paragraph 2
Amendment 481 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2008/98/EC
Article 38 – paragraph 3
Article 38 – paragraph 3
Amendment 482 #
Proposal for a directive
Article 1 – paragraph 1 – point 23
Article 1 – paragraph 1 – point 23
Directive 2008/98/EC
Article 38a
Article 38a