30 Amendments of Fredrick FEDERLEY related to 2018/0172(COD)
Amendment 10 #
Proposal for a directive
Recital 1
Recital 1
(1) The high functionality and relatively low cost of plastic means that this material is increasingly ubiquitous in everyday life. Its growing use in short- lived applications, which are not designed for re-use or cost-effective recycling means that related production and consumption patterns have become increasingly inefficient and linear. Therefore, in the context of the Circular Economy Action Plan32 , the Commission concluded in the European Strategy for Plastics33 that the steady increase in plastic waste generation and its leakage into our environment, in particular into the marine environment, must be tackled in order to achieve a truly circular lifecycle for plastics. Any further efforts in the segment of plastics have to be based on and fully compatible with the recently adopted EU circular economy legislation and fit into the system which has been thereby established. _________________ 32 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions "Closing the loop – An EU action plan for the Circular Economy" (COM(2015)0614 final). 33 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions "A European Strategy for Plastics in a Circular Economy" (COM(2018)28 final).
Amendment 12 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1 a) The recently adopted EU Waste legislation, in particular Directive 2008/98/EU, Directive94/62/EU and Directive 1999/31/EU has set a complex system of statistics of waste collection and recycling, clear targets for recycling of certain waste streams including plastic and a waste hierarchy. It has also identified incentives for transition towards a more circular economy, broader use of recycled materials, defined obligations for producers under the minimum requirements for extended producer responsibility. The aim of this directive is not to replace this scheme but rather complement it by measures tackling a specific problem of marine litter.
Amendment 20 #
Proposal for a directive
Recital 3
Recital 3
(3) Marine litter is of a transboundary nature and is recognized as a global problem. Reducing marine litter is a key action for the achievement of United Nations Sustainable Development Goal 14 which calls to conserve and sustainably use the oceans, seas and marine resources for sustainable development.36 The Union must play its part in tackling marine litter and aim to be a standard setter for the world, while safeguarding a fair competition environment for its industry. In this context, the Union is working with partners in many international fora such as G20, G7 and United Nations to promote concerted action. This initiative is part of the Union efforts in this regard. _________________ 36 The 2030 Agenda for Sustainable Development adopted by the United Nations General Assembly on 25 September 2015.
Amendment 23 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3 a) Despite the EU´s effort in the field of climate diplomacy and international cooperation, the situation in certain 3rd countries is still alarming. The EU must step up its effort in international cooperation in the field of environmental protection. The EU has to fulfil its role as a facilitator and pioneer of environmental policy and waste management. The EU should strive to transfer experiences, disseminate know how and technologies to tackle plastic pollution and exchange the best practices in the field of protection of aquatic environment, its cleaning and prevention of plastic pollution.
Amendment 27 #
Proposal for a directive
Recital 6
Recital 6
(6) Existing Union legislation40 and policy instruments provide some regulatory responses to address marine litter. In particular, plastic waste is subject to overall Union waste management measures and targets, such as the recycling target for plastic packaging waste41 and the recently adopted objective in the Plastics Strategy42 to ensure that all plastic packaging is recyclable by 2030. However, the impact of that legislation on marine litter is not sufficient and there are differences in the scope and the level of ambition amongst national measures to prevent and reduce marine litter. In addition, some of those measures, in particular marketing restrictions for single-use plastic products, may create barriers to trade and distort competition in the Union. _________________ 40 Directive 2008/98/EC, Directive 2000/59/EC, Directive 2000/60/EC, Directive 2008/56/EC and Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1). 41 Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste (OJ L 365 31.12.1994, p. 10). 42 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions "A European Strategy for Plastics in a Circular Economy" (COM(2018)28 final).
Amendment 30 #
Proposal for a directive
Recital 7
Recital 7
(7) To focus efforts where they are most needed, this Directive should only cover the most found single-use plastics products, which are estimated to represent around 86% of the single-use plastics found, in counts, on beaches in the Union. In doing so it has to avoid any discrimination.
Amendment 35 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) Plastic products should be manufactured taking into account their entire lifespan. Eco-design of plastic product should always take into account production phase, recyclability and possibly also reusability of the product. Producers should be encouraged, where appropriate, to use single or compatible polymers for manufacturing their products in order to simplify sorting and enhance recyclability, especially in case of plastic packaging.
Amendment 38 #
Proposal for a directive
Recital 10
Recital 10
(10) The single-use plastic products should be addressed by one or several measures, depending on various factors, such as the availability of suitable and more sustainable alternatives, the feasibility to change consumption patterns, and the extent to which they are already covered by existing Union legislation. The proposed measures should always take into account Life Cycle Assessment (LCA), to avoid half-way solutions resulting in even worse negative impact on different part of environment or economy as for example replacing plastics by similar material produced from biomaterial without having a clear assessment of biodegradability of such material including biodegradability in the aquatic environment.
Amendment 41 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10 a) Notes that, in order to transition from a fossil based economy and from a climate perspective, bio-based plastic products are a more sustainable alternative to fossil-based plastics. Therefore, incentives that aim to substitute fossil-based materials with bio- based materials should be encouraged. This is in line with the objectives of the Circular Economy, the Bioeconomy Strategy and the Plastic Strategy. The Commission should consider in future policy proposal to include incentives for substitution and, for example, in a revision of the public procurement directive (Directive 2014/24/EU), include criteria for plastics based on their composition, level of recyclability and hazardousness.
Amendment 48 #
Proposal for a directive
Recital 12
Recital 12
(12) For other single-use plastic products, suitable and more sustainable alternatives that are also affordable are readily available. In order to limit the adverse impact of such products on the environment, Member States should be required to prohibit their placing on the Union market of products which contain substances and materials for which there are sustainable and available alternatives. By doing so, the use of those readily available and more sustainable alternatives as well as innovative solutions towards more sustainable business models, re-use alternatives and substitution of materials would be promoted.
Amendment 56 #
Proposal for a directive
Recital 14
Recital 14
(14) Certain single-use plastic products end up in the environment as a result of inappropriate disposal through sewers or other inappropriate release into the environment. Therefore, single-use plastic products that are frequently disposed of through sewers otherwise inappropriately disposed of should be subject to marking requirements. The marking should inform consumers about appropriate waste disposal options and/or waste disposal options to be avoided and/or about the negative environmental impacts of litter as a result of inappropriate disposal. The Commission should be empowered to establish a harmonised format for the marking and when doing so should, where appropriate and reflecting different specifics in Member States, test the perception of the proposed marking with representative groups of consumers to ensure that it is effective and clearly understandable. Marking has to be placed visibly on the packaging of the products which is sold to the end user.
Amendment 59 #
Proposal for a directive
Recital 15
Recital 15
(15) With regard to single-use plastic products for which there are no readily available suitable and more sustainable alternatives, Member States should, in line with the polluter pays principle, also introduce extended producer responsibility schemes to cover the costs of waste management and clean-up of litter as well as the costs of awareness-raising measures to prevent and reduce such litter. While doing so the complete consumer chain has to betaken into consideration and producers cannot be held responsible for misbehaviour of consumers. Shared responsibility should apply.
Amendment 65 #
Proposal for a directive
Recital 19
Recital 19
(19) Directive 2008/98/EC lays down general minimum requirements for extended producer responsibility schemes. Those requirements should apply to extended producer responsibility schemes established by this Directive. This Directive, however, establishes additional extended producer responsibility requirements, for example, the requirement on producers of certain single-use plastic products to cover the costs of clean-up of litterawareness raising and informing consumers about appropriate way of disposal and impact of littering on the environment. Principle of shared responsibility should apply as well as better cooperation among all relevant sectors including producers, consumers and public sphere.
Amendment 69 #
Proposal for a directive
Recital 20
Recital 20
(20) Beverage bottles that are single-use plastic products are one of the most found marine litter items on the beaches in the Union. This is due to ineffective separate collection systems and low participation in those systems by the consumers. It is necessary to promote more efficient separate collection systems and therefore, a minimum separate collection target should be established for beverage bottles that are single-use plastic products. Member States should be able to achieve that minimum target by setting separaIt is up to the Member States to establish the most efficient and suitable collection scheme to achieve targets lied down in the Directive 2008/98/Ec and Directive 94/62/EU. Better collection targets for beverage bottles that are single-use plastic products in the framework of the extended producer responsibility schemes or by establishing deposit refund scheand higher recycling rates could be supported trough Eco- design measures, for example by encouraging producers to use single or compatible polymers or by anyintroducing other measure that they find appropriates encouraging producers to use sustainable materials. This will have a direct, positive impact on the collection rate, the quality of the collected material and the quality of the recyclates, offering opportunities for the recycling business and the market for the recyclate.
Amendment 70 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20 a) Member States should consider introducing a mandatory recycled content of certain plastic products to support recycling rates and market with recycled materials. Industrial synergies should be supported in this respect, waste from one industry could be a valuable resource for another one. Member States should play their role in supporting such synergies and incentivising a voluntary activities of producers in the field of waste prevention and better waste management and tackling pollution.
Amendment 75 #
Proposal for a directive
Recital 23
Recital 23
(23) Member States should lay down rules on penalties applicable to infringements of the provisions of this Directive and ensure that they are implemented. The penalties should be effective, proportionate and dissuasive. Consumers should also be incentivized or penalized for their behaviour.
Amendment 102 #
Proposal for a directive
Recital 8
Recital 8
(8) Single use plastic products can be manufactured from a wide range of plastics. Plastics are usually defined as polymeric materials to which additives may have been added. However, this definition would cover certain natural polymers. Unmodified natural polymers should not be covered as they occur naturally in the environment. Thereforeus, the definition of polymer in Article 3(5) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council43 should be adapted and a separate definition should be introduced for the purposes of this Directive. Plastics manufactured with modified natural polymers, or plastics manufactured from bio-based, fossil or synthetic starting substances are not naturally occurring and should therefore be addressed by this Directive. The adapted definition of plastics should therefore cover polymer-based rubber items and bio-based and biodegradable plastics regardless of whether they are derived from biomass and/or intended to biodegrade over time. Certain polymeric materials are not capable of functioning as a main structural component of final materials and products, such as polymeric coatings, lining or layers, paints, inks, and adhesives. Those materials should not be addressed by this Directive and should therefore not be covered by the definition. __________________ 43 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 103 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shall take the necessary measures to achieve a significant reduction in the consumption of the single-use plastic products listed in Part A of the Annex on their territory by … [six years after the end-date for transposition of this Directive]. Member States shall adopt national plans for the achievement of this reduction, including specific quantitative reduction targets, specific incentives for concerned sectors and the measures taken. The national plans shall be submitted to the Commission and shall be updated where necessary. The Commission may issue recommendations on the adopted plans.
Amendment 112 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Those measures may include national consumption reduction targets, measures ensuring that reusable alternatives to those products are made available at the point of sale to the final consumer, economic instruments such as ensuring that single- use plastic products are not provided free of charge at the point of sale to the final consumer. Those measures may vary depending on the national specifics and the environmental impact of the products referred to in the first subparagraph. Measures taken by businesses on a voluntary basis are desirable and should be prioritized and promoted.
Amendment 154 #
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2 a. Beverage containers with carbonated beverages shall be excluded from the scope of this Article.
Amendment 159 #
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
With regard to the schemes established pursuant to paragraph 1, Member States shall ensure that the producers of the single-use plastic products listed in Part E of the Annex shall cover the costs of the collection of waste consisting of those single-use plastic products and its subsequent transport and treatment, including the costs to clean up litter and the costs of the awareness raising measures referred to in Article 10 regarding those products.
Amendment 170 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
Member States shall take the necessary measures to collect separately, by 2025, an amountfulfil targets for collection of wplaste single-use plastic products listed in Part F of the Annex equal to 90% of such single-use plastic products placed on the market in a given year by weightics and plastic packaging as set by Directive 2008/98/EU, Directive 94/62/EU. In order to achieve that objective Member States may inter alia:
Amendment 177 #
Proposal for a directive
Article 9 – paragraph 1 – point b a (new)
Article 9 – paragraph 1 – point b a (new)
(b a) (c) use other measures, for example for example those listed in it he Annex of Directive2008/98/EU.
Amendment 185 #
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
Member States are advised to establish a scheme for incentivising and penalising consumers for their misbehaviour.
Amendment 235 #
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) 'plastic' means; a material consisting of a polymer within the meaning of Article 3(5) of Regulation (EC) No 1907/2006, to which additives or other substances may have been added, and which can functions as athe main structural component of final products, with the exception of natural polymers that have not been chemically modified and polymeric coatings, paints, inks and adhesives which are not capable of functioning as a main structural component of final articles and products;
Amendment 238 #
Proposal for a directive
Annex I – part B – indent 6 a (new)
Annex I – part B – indent 6 a (new)
- Products made of or containing Oxo-plastic
Amendment 244 #
Proposal for a directive
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
(1 a) ‘coatings’ is one or more non-self- supporting layer or layers manufactured using plastic, as defined in Article 3.1 of this legislation, applied on a material or article in order to impart special properties on it or to improve its technical performance;
Amendment 249 #
Proposal for a directive
Annex I – part D – indent 3 a (new)
Annex I – part D – indent 3 a (new)
- Disposable nappies
Amendment 257 #
Proposal for a directive
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) 'single-use plastic product' meanis a product that is made wholly or partly from plastic with the plastic functioning as the main structural component and that is not conceived, designed or placed on the market to accomplish, within its life span, multiple trips or rotations by being returned to the producer for refill or re- used for the same purpose for which it was conceived;
Amendment 262 #
Proposal for a directive
Annex I – part F – indent 1 a (new)
Annex I – part F – indent 1 a (new)
- Disposable nappies