42 Amendments of Tom VANDENKENDELAERE related to 2016/0084(COD)
Amendment 52 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down rules on the making available on the market of CE marked fertilising products and amending Regulations (EC) No 1069/2009 and, (EC) No 1107/2009, Directive 91/676/EEC and Regulation (EC) No 11907/20096 (Text with EEA relevance)
Amendment 69 #
Proposal for a regulation
Recital 10
Recital 10
(10) The end point in the manufacturing chain should be determined for each relevant component material containing animal by-products in accordance with the procedures laid down in Regulation (EC) No 1069/2009. The setting of processing methods and recovery rules for animal by- products for which an end point in the manufacturing chain has been determined should start immediately after the entry into force of this Regulation. Accordingly, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of expanding or adding, without any unnecessary delay, certain animal by-products to the specific component material categories in order to increase opportunities and provide more legal certainty for producers and users by unlocking the circular potential of increased use of nutrients from animal by-products such as animal manure. Where a manufacturing process regulated under this Regulation starts already before that end point has been reached, the process requirements of both Regulation (EC) No 1069/2009 and this Regulation should apply cumulatively to CE marked fertilising products, which means application of the stricter requirement in case both Regulations regulate the same parameter.
Amendment 142 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Member States shall not impede the making available on the market of CE marked fertilising products which comply with this Regulation. for reasons of composition, labelling or other provisions contained in this Regulation. Concerning the use of CE marked fertilising products, Member States can maintain or adopt provisions for the purpose of protecting human health and the environment. However, these provisions cannot require modification of CE marked fertilising products which are in compliance with this Regulation. Also, these provisions cannot influence the conditions for making them available on the market.
Amendment 143 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down rules on the making available on the market of CE marked fertilising products and amending Regulations (EC) No 1069/2009 and (EC) No 1107/2009, Directive 91/676/EEC and Regulation (EC) No 1907/2006 (Text with EEA relevance)
Amendment 162 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
A CE marked fertilising product that has undergone a recovery operation and complies with the requirements laid down in this Regulation shall be considered to comply with the conditions laid down in Article 6(1) of Directive 2008/98/EC and shall, therefore, be considered as having ceased to be wastecontains or consists of waste that has undergone a recovery operation in accordance with Directive 2008/98/EC and that complies with the requirements laid down in this Regulation shall be considered as having ceased to be waste from the moment the EU declaration of conformity is drawn up.
Amendment 163 #
Proposal for a regulation
Recital 10
Recital 10
(10) The end point in the manufacturing chain should be determined for each relevant component material containing animal by-products in accordance with the procedures laid down in Regulation (EC) No 1069/2009. The setting of processing methods and recovery rules for animal by- products for which an end point in the manufacturing chain has been determined should start immediately after the entry into force of this Regulation. Accordingly, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of expanding or adding, without any unnecessary delay, certain animal by-products to the specific component material categories in order to increase opportunities and provide more legal certainty for producers and users by unlocking the circular potential of the increased use of nutrients from animal by-products such as animal manure. Where a manufacturing process regulated under this Regulation starts already before that end point has been reached, the process requirements of both Regulation (EC) No 1069/2009 and this Regulation should apply cumulatively to CE marked fertilising products, which means application of the stricter requirement in case both Regulations regulate the same parameter.
Amendment 170 #
Proposal for a regulation
Article 42 – paragraph 1 – introductory part
Article 42 – paragraph 1 – introductory part
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 43 to amend Annexes I to IV for the purposes of adapting them to technical progress and, in particular as regards the production of fertilisers from animal by-products and waste recovery products and for the facilitatingon of internal market access and free movement for CE marked fertilising products.
Amendment 198 #
Proposal for a regulation
Article 46 a (new)
Article 46 a (new)
Article 46a Amendments to Regulation (EC) No 1907/2006 In Annex V, point 12 is replaced by the following: "12. Compost, biogas and digestate."
Amendment 220 #
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – point 1 – indent 1
Annex I – part 2 – PFC 1(A) – point 1 – indent 1
- organic carbon (Corg) and
Amendment 221 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Member States shall not impede the making available on the market of CE marked fertilising products which comply with this Regulation. for reasons of composition, labelling or other provisions contained in this Regulation. Concerning the use of CE marked fertilising products, Member States can maintain or adopt provisions for the purpose of protecting human health and the environment. However, these provisions cannot require modification of CE marked fertilising products which are in compliance with this Regulation. Also, these provisions cannot influence the conditions for making them available on the market.
Amendment 224 #
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – point 3
Annex I – part 2 – PFC 1(A) – point 3
3. The absence of Salmonella spp. shall be absand the maximum presence of Escherichia coli and Enterococcaceae has to be provent in a 25 g sample of the CE marked fertilising productccordance to Regulation No 142/2011 and implementing Regulation No 1069/2009 Annex XI, Chapter I, section 2(d).
Amendment 225 #
Proposal for a regulation
Annex I – part 2 – PFC 1(A)(I) – point 2 a (new)
Annex I – part 2 – PFC 1(A)(I) – point 2 a (new)
Amendment 226 #
Proposal for a regulation
Annex I – part 2 – PFC 1(A)(I) – point 3
Annex I – part 2 – PFC 1(A)(I) – point 3
3. Organic carbon (C) shall be present in the CE marked fertilising product by at least 17,5% by mass.
Amendment 230 #
Proposal for a regulation
Annex I – part 2 – PFC 1(A)(II) – point 2 a (new)
Annex I – part 2 – PFC 1(A)(II) – point 2 a (new)
2a. Where the product contains more than one nutrient, the following minimum quantities shall be present: – 1% by mass of total nitrogen (N), – 1% by mass of total phosphorus pentoxide (P2O5), – 1% by mass of total potassium oxide (K2O), where the sum of the nutrients is minimum 4%.
Amendment 241 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B)(I) – point 2 a (new)
Annex I – part 2 – PFC 1(B)(I) – point 2 a (new)
Amendment 248 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
A CE marked fertilising product that has undergone a recovery operation and complies with the requirements laid down in this Regulation shall be considered to comply with the conditions laid down in Article 6(1) of Directive 2008/98/EC and shall, therefore, be considered as having ceased to be wastecontains or consists of waste which has undergone a recovery operation in accordance with Directive 2008/98/EC and that complies with the requirements laid down in this Regulation shall be considered as having ceased to be waste from the moment the EU declaration of conformity is drawn up.
Amendment 249 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B)(II) – point 2 a (new)
Annex I – part 2 – PFC 1(B)(II) – point 2 a (new)
2a. Where the product contains more than one nutrient, the following minimum quantities shall be present: – 1% by mass of total nitrogen (N), – 1% by mass of total phosphorus pentoxide (P2O5), – 1% by mass of total potassium oxide (K2O), where the sum of the nutrients is minimum 4%.
Amendment 267 #
Proposal for a regulation
Article 42 – paragraph 1 – introductory part
Article 42 – paragraph 1 – introductory part
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 43 to amend Annexes I to IV for the purposes of adapting them to technical progress and, in particular as regards the production of fertilisers from animal by-products and waste recovery products and for the facilitatingon of internal market access and free movement for CE marked fertilising products
Amendment 273 #
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – point 2 – point h
Annex I – part 2 – PFC 1(C)(I) – point 2 – point h
(h) Perchlorate (ClO4-) 501 mg/kg dry matter.
Amendment 321 #
Proposal for a regulation
Article 46 a (new)
Article 46 a (new)
Article 46a Article 46a Amendments to Regulation (EC) No 1907/2006 In Annex V, point 12 is replaced by the following: "12. Compost, biogas and digestate."
Amendment 337 #
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – paragraph 1 – indent 1
Annex I – part 2 – PFC 1(A) – paragraph 1 – indent 1
- organic carbon (Corg) and
Amendment 354 #
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – paragraph 3
Annex I – part 2 – PFC 1(A) – paragraph 3
3. The absence of Salmonella spp. shall be absand the maximum presence of Escherichia coli and Enterococcaceae has to be provent in a 25 g sample of the CE marked fertilising product. ccordance to Regulation No 142/2011 implementing Regulation No 1069/2009 Annex XI, Chapter I, section 2(d).
Amendment 365 #
Proposal for a regulation
Annex II – part 2 – CMC 3 – point 1 – point c – indent 2
Annex II – part 2 – CMC 3 – point 1 – point c – indent 2
– sewage sludge, industrial sludge (except sludge from food, feed and agrofuels processing plants not containing pollutants), or dredging sludge, and
Amendment 367 #
Proposal for a regulation
Annex I – part 2 – PFC 1(A) (I) – paragraph 2 a (new)
Annex I – part 2 – PFC 1(A) (I) – paragraph 2 a (new)
2a. Where the product contains more than one nutrient, the following minimum quantities shall be present: - 1% by mass of total nitrogen (N) - 1% by mass of total phosphorus pentoxide (P2O5) - 1% by mass of total potassium oxide (K2O) Where the sum of the nutrients is minimum 4%.
Amendment 369 #
Proposal for a regulation
Annex I – part 2 – PFC 1(A) (I) – paragraph 3
Annex I – part 2 – PFC 1(A) (I) – paragraph 3
3. Organic carbon (C) shall be present in the CE marked fertilising product by at least 17,5% by mass.
Amendment 372 #
Proposal for a regulation
Annex II – part 2 – CMC 3 – point 1 – point e a (new)
Annex II – part 2 – CMC 3 – point 1 – point e a (new)
(ea) Materials conform to CMC 2, CMC 3, CMC 4, CMC 5, CMC 6 and CMC 11.
Amendment 376 #
Proposal for a regulation
Annex I – part 2 – PFC 1(A) (II) – paragraph 2 a (new)
Annex I – part 2 – PFC 1(A) (II) – paragraph 2 a (new)
2a. Where the product contains more than one nutrient, the following minimum quantities shall be present: - 1% by mass of total nitrogen (N) - 1% by mass of total phosphorus pentoxide (P2O5) - 1% by mass of total potassium oxide (K2O) Where the sum of the nutrients is minimum 4%.
Amendment 379 #
Proposal for a regulation
Annex II – part 2 – CMC 4 – point 3 – point b
Annex II – part 2 – CMC 4 – point 3 – point b
(b) Thermophilic anaerobic digestion at 55°C with a treatment process including a pasteurisation step (70°C – 1h)as defined in Commission Regulation No 142/2011 and implementing Regulation No 1069/2009 Annex V Chapter 1, section 1, point 1;
Amendment 380 #
Proposal for a regulation
Annex II – part 2 – CMC 4 – point 3 – point d
Annex II – part 2 – CMC 4 – point 3 – point d
(d) Mesophilic anaerobic digestion at 37-40°C with a treatment process including a pasteurisation step (70°C – 1h)as defined in Commission Regulation No 142/2011 and implementing Regulation No 1069/2009 Annex V Chapter 1, section 1, point 1; or
Amendment 389 #
Proposal for a regulation
Annex II – part 2 – CMC 5 – point 1 – point e a (new)
Annex II – part 2 – CMC 5 – point 1 – point e a (new)
(ea) Materials conform to CMC2, CMC3, CMC4, CMC5, CMC6 and CMC11.
Amendment 391 #
Proposal for a regulation
Annex II – part 2 – CMC 5 – point 3 – point b
Annex II – part 2 – CMC 5 – point 3 – point b
(b) Thermophilic anaerobic digestion at 55°C with a treatment process including a pasteurisation step (70°C – 1h)as defined in Commission Regulation No 142/2011 and implementing Regulation No 1069/2009 Annex V Chapter 1, section 1, point 1;
Amendment 392 #
Proposal for a regulation
Annex II – part 2 – CMC 5 – point 3 – point d
Annex II – part 2 – CMC 5 – point 3 – point d
(d) Mesophilic anaerobic digestion at 37-40°C with a treatment process including a pasteurisation step (70°C – 1h)as defined in Commission Regulation No 142/2011 and implementing Regulation No 1069/2009 Annex V Chapter 1, section 1, point 1; or
Amendment 444 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B) (I) – paragraph 2 a (new)
Annex I – part 2 – PFC 1(B) (I) – paragraph 2 a (new)
2a. Where the product contains more than one nutrient, the following minimum quantities shall be present: - 1% by mass of total nitrogen (N) - 1% by mass of total phosphorus pentoxide (P2O5) - 1% by mass of total potassium oxide (K2O) Where the sum of the nutrients is minimum 4%.
Amendment 450 #
Proposal for a regulation
Annex I – part 2 – PFC 1(B) (II) – paragraph 2 a (new)
Annex I – part 2 – PFC 1(B) (II) – paragraph 2 a (new)
2a. Where the product contains more than one nutrient, the following minimum quantities shall be present: - 1% by mass of total nitrogen (N) - 1% by mass of total phosphorus pentoxide (P2O5) - 1% by mass of total potassium oxide (K2O) Where the sum of the nutrients is minimum 4%.
Amendment 519 #
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) – paragraph 2 – point h
Annex I – part 2 – PFC 1 (C) (I) – paragraph 2 – point h
(h) Perchlorate (ClO4-) 501 mg/kg dry matter.
Amendment 676 #
Proposal for a regulation
Annex II – part II – CMC 3 – paragraph 1 – point b – indent 2
Annex II – part II – CMC 3 – paragraph 1 – point b – indent 2
- sewage sludge, industrial sludge (except sludge from food, feed and agrofuels processing plants not containing pollutants), or dredging sludge, and
Amendment 682 #
Proposal for a regulation
Annex II – part II – CMC 3 – paragraph 1 – point e a (new)
Annex II – part II – CMC 3 – paragraph 1 – point e a (new)
(ea) Materials conforming to CMC2, CMC3, CMC4, CMC5, CMC6 and CMC11
Amendment 693 #
Proposal for a regulation
Annex II – part II – CMC 4 – paragraph 3 – point b
Annex II – part II – CMC 4 – paragraph 3 – point b
(b) Thermophilic anaerobic digestion at 55°C with a treatment process including a pasteurisation step (70°C – 1h)as defined in Commission Regulation No 142/2011 implementing Regulation No 1069/2009 Annex V Chapter 1 section 1, point 1;
Amendment 694 #
Proposal for a regulation
Annex II – part II – CMC 4 – paragraph 3 – point d
Annex II – part II – CMC 4 – paragraph 3 – point d
(d) Mesophilic anaerobic digestion at 37-40°C with a treatment process including a pasteurisation step (70°C – 1h)as defined in Commission Regulation No 142/2011 implementing Regulation No 1069/2009 Annex V Chapter 1 section 1, point 1; or
Amendment 703 #
Proposal for a regulation
Annex II – part 2 – CMC 5 – paragraph 1 – point e a (new)
Annex II – part 2 – CMC 5 – paragraph 1 – point e a (new)
(ea) Materials conforming to CMC2, CMC3, CMC4, CMC5, CMC6 and CMC11
Amendment 705 #
Proposal for a regulation
Annex II – part 2 – CMC 5 – paragraph 3 – point b
Annex II – part 2 – CMC 5 – paragraph 3 – point b
(b) Thermophilic anaerobic digestion at 55°C with a treatment process including a pasteurisation step (70°C – 1h)as defined in Commission Regulation No 142/2011 implementing Regulation No 1069/2009 Annex V Chapter 1 section 1, point 1;
Amendment 706 #
Proposal for a regulation
Annex II – part 2 – CMC 5 – paragraph 3 – point d
Annex II – part 2 – CMC 5 – paragraph 3 – point d
(d) Mesophilic anaerobic digestion at 37-40°C with a treatment process including a pasteurisation step (70°C – 1h)as defined in Commission Regulation No 142/2011 implementing Regulation No 1069/2009 Annex V Chapter 1 section 1, point 1; or