BETA

41 Amendments of Caroline LUCAS related to 2005/0281(COD)

Amendment 32 #

Recital 1
(1) Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste establishes the legislative framework for the handling of waste in the Community. It defines key concepts such as waste, recovery and disposal and puts in place the essential requirements for the management of waste, notably an obligation for an establishment or undertaking carrying out waste management operations to have a permit or to be registered and an obligation for the Member States to draw up waste management plans. It also establishes major principles such as an obligation to handle waste in a way that does not have a negative impact on the environment and human health, an encouragement to apply the waste hierarchy and, in accordance with the polluter-pays principle, a requirement that the costs of disposing of waste must be borne by the holder of waste, by previous holders or by the producers of the product from which the waste came. Or. en (New amendment based on Rule 62(2)(c) of the Rules of Procedure)
2008/03/06
Committee: ENVI
Amendment 34 #

Recital 8
(8) Effective and consistent rules on waste treatment should be applied, subject to certain exceptions, to movable propertysubstances and objects which the holder discards or intends or is required to discard. Or. en (New amendment based on Rule 62(2)(c) of the Rules of Procedure)
2008/03/06
Committee: ENVI
Amendment 39 #

Recital 12 a (new)
(12a) Hazardous wastes need to be regulated under strict specifications in order to prevent negative effects due to inappropriate management which may affect the environment, and to prevent risks to human health and safety. Because of their hazardous properties, hazardous wastes need an appropriate management which involves specific and adapted collection and treatment techniques, particular controls and dedicated waste traceability modalities. All hazardous waste operators need to have adequate qualifications and training. Or. en (Reinstatement of amendment 11 from first reading in modified form)
2008/03/06
Committee: ENVI
Amendment 40 #

Recital 17
(17) The definitions of recovery and disposal need to be modified in order to ensure a clear distinction between the two concepts, based on a genuine difference in environmental impact through the substitution of natural resources in the economy and recognising the potential benefits to the environment and human health of using waste as a resource. In addition, guidelines maycriteria should be developed in order to clarify cases where this distinction is difficult to apply in practice or where the classification of the activity as recovery does not match the real environmental impact of the operation. (NewOr. en amendment based on Rule 62(2)(c) of the Rules of Procedure, and in line with38/108/157/140/141 from first reading)
2008/03/06
Committee: ENVI
Amendment 42 #

Recital 18
(18) This Directive should also clarify when the incineration of municipal solid waste is energy-efficient and may be considered a recovery operation. deleted Or. en (New amendment based on Rule 62(2)(c) of the Rules of Procedure, and in line with amendment 83 from first reading)
2008/03/06
Committee: ENVI
Amendment 43 #

Recital 20
(20) There should be no confusion between the various aspects of the waste definition, and appropriate procedures should be applied, where necessary, to by-products that are not waste, on the one hand, or to waste that ceases to be waste, on the other hand. In order to specify certain aspects of the definition of waste, this Directive should clarify: – when substances or objects resulting from a production process not primarily aimed at producing such substances or objects are by-products and not waste. The decision that a substance is not waste can be taken only on the basis of a coordinated approach, to be regularly updated, and where this is consistent with the protection of the environment and human health. If the use of a by-product is allowed under an environmental licence or general environmental rules, this can be used by Member States as a tool to decide that no overall adverse environmental or human health impacts are expected to occur, and – when certain waste ceases to be waste, laying down end-of-waste criteria that provide a high level of environmental protection and an environmental and economic benefit; possible categories of waste for which "end-of-waste" specifications and criteria should be developed are, among others, construction and demolition waste, some ashes and slags, scrap metals, compost, waste paper and glass. For the purposes of reaching eThe concepts of by-products and- of- waste status, a recovery operation may be as simple as the checking of waste to verify that it fulfils the end-of-waste criteria. (First part is a new amendment based on Rule 62(2)(c) of the Rules of Procedure, second part is new to address an oversight in first reading so as to ensure coherence with internthat ceases to be a waste do not apply for the purpose of trans-boundary shipments to third countries. Or. en obligationals.)
2008/03/06
Committee: ENVI
Amendment 50 #

Recital 22
(22) On the basis of the definition of waste, in order to promote certainty and consistency, the Commission may adopt guidelines to specify in certain cases when substances or objects become waste. Such guidelines mashould urgently be developed inter alia for electrical and electronic equipment and vehicles. to close the loopholes in waste shipment legislation. Or. en (New amendment based on Rule 62(2)(c) of the Rules of Procedure)
2008/03/06
Committee: ENVI
Amendment 51 #

Recital 26
(26) This Directive should help move the EU closer to a "recycling society", seeking to avoid waste generation and to use waste as a resource. In particular, the Sixth Community Environment Action Programme calls for measures aimed at ensuring the source separation, collection and recycling of priority waste streams. In line with that objective and as a means to facilitating or improving its recovery potential, waste should be separately collected and hazardous compounds should be separated from waste streams, if technically, environmentally and economically practicable, before undergoing recovery operations that deliver the best overall environmental outcome. (New amendment based on Rule 62(2)(c) of the Rules of Procedure in line with amendment 54Or. en from first reading)
2008/03/06
Committee: ENVI
Amendment 55 #

Recital 28
(28) The waste hierarchy generally lays down a priority order of what constitutes the best overall environmental option in waste legislation and policy, while departing from such hierarchy may be necessary for specific waste streams when justified for reasons of, inter alia, technical feasibility, economic viability and environmental protection. Or. en (New amendment based on Rule 62(2)((c) of the Rules of Procedure)
2008/03/06
Committee: ENVI
Amendment 59 #

Recital 32
(32) It is important, in accordance with the waste hierarchy, and for the purpose of reduction of greenhouse gas emissions originating from waste disposal on landfills, to facilitatensure the separate collection and proper treatment of bio- waste in order to produce environmentally-safe compost and other bio-waste based materials. Member States should set up separate collection systems for bio-waste. The Commission, after an assessment on the management of bio-waste, will submit proposals for legislative measuretargets, if appropriate. (NewOr. en amendment based on Rule 62(2)(c) of the Rules of Procedure, and in line with112/138 from first reading)
2008/03/06
Committee: ENVI
Amendment 60 #

Recital 36
(36) According to Regulation (EC) No 1013/2006, Member States may take the measures necessary to prevent shipments of waste which are not in accordance with their waste management plans. By way of derogation from that Regulation, Member States should be allowed to limit incoming shipments to incinerators classified as recovery, where it has been established that national waste would have to be disposed of or that waste would have to be treated in a way that is not consistent with their waste management plans. It is recognised that certain Member States may not be able to provide a network comprising the full range of final recovery facilities within their territory. (New amendment based on Rule 62(2)(c) of the Rules of Procedure, in line with amendmentOr. en 83 from first reading)
2008/03/06
Committee: ENVI
Amendment 61 #

Recital 37
(37) In order to improve the way in which waste prevention actions are taken forward in the Member States and to facilitate the circulation of best practice in this area, it is necessary to strengthen the provisionadopt Community targets and measures relating to waste prevention and to introduce a requirement for the Member States to develop waste prevention programmes concentrating on the key environmental impacts and taking into account the whole life-cycle of products and materials. Such measures should pursue the objective of breaking the link between economic growth and the growth in waste volumes as well as the environmental and health impacts associated with the generation of waste. Stakeholders, as well as, by achieving a net reduction of waste generation, its harmfulness and its adverse impacts. Local and regional authorities, as well as stakeholders and the general public, should have the opportunity to participate in the drawing up of the programmes, and should have access to them once drawn up, in line with Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment. Or. en (Reintroduction of amendment 10 of first reading)
2008/03/06
Committee: ENVI
Amendment 62 #

Recital 40
(40) In the interests of the simplification of Community legislation and the reflection of environmental benefits, the relevant provisions of Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils should be integrated into this Directive. Directive 75/439/EEC should therefore be repealed. The management of waste oils should be conducted in accordance with the guiding principle of the waste hierarchy, and preference should be given to options that deliver the best overall environmental outcome. The separate collection of waste oils remains crucial to their proper management and the prevention of damage to the environment from their improper disposal. Or. en (New amendment based on Rule 62(2)((c) of the Rules of Procedure)
2008/03/06
Committee: ENVI
Amendment 63 #

Recital 43
(43) In particular, power should be conferred on the Commission to establish criteria regarding a number of issues such as the conditions under which an object is to be considered a by-product, the end-of- waste status andfor the determination of waste which is considered as hazardous. Furthermore, power should be conferred on the Commission to adapt the annexes to technical and scientific progress and to specify the application of the formula for incineration facilities referred to in Annex II, R1. Since those measures are of general scope and are designed to amend non- essential elements of this Directive and to supplement it by the addition of new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. (New amendment based on Rule 62(2)((c) of the Rules of Procedure, in line with amendmentsOr. en 107/121, 45 and 83 of first reading)
2008/03/06
Committee: ENVI
Amendment 65 #

Article 1 – paragraphs 1 a and 1 b (new)
1a. For these purposes, the following waste hierarchy shall apply as a general rule in waste prevention and management legislation and policy: (a) prevention and reduction; (b) preparing for re-use; (c) recycling; (d) other recovery, e.g. energy recovery; and (e) disposal. 1b. When applying the waste hierarchy referred to in paragraph 1a, Member States shall take measures to encourage the options that deliver the best overall environmental outcome. This may require specific waste streams departing from the hierarchy where this is justified by life- cycle assessments on the overall impacts of the generation and management of such waste. Member States shall ensure that this is a full and transparent process, observing national planning rules about the consultation and involvement of citizens and stakeholders. Member States shall take into account the objective of sustainable development and the general environmental protection principles of precaution, preventive action, remediation of environmental damage at source and the polluter pays principle. They shall also take account of technical feasibility and economic viability, protection of resources as well as the overall environmental, human health, economic and social impacts, in accordance with this Article and Article 10. Or. en (Based on amendment 101/14 from first reading)
2008/03/06
Committee: ENVI
Amendment 66 #

Article 2 – paragraph 1 – point (b)
(b) land (in situ) including unexcavated contaminated soil and buildings permanently connected with land; deleted Or. en (Partial reinstatement of amendment 15/134/102/123/126 of first reading)
2008/03/06
Committee: ENVI
Amendment 73 #

Article 2 – paragraph 2 – point (a a) (new)
(aa) land (in situ) including unexcavated contaminated soil and buildings permanently connected with land; Or. en (Partial reinstatement of amendment 15/134/102/123/126 of first reading)
2008/03/06
Committee: ENVI
Amendment 83 #

Article 3 – point 14
(14) "recovery" means any operation the principal result of which is waste treatment operation that meets the following criteria: (a) results in waste substituting for other resources that would have been used to fulfil that function or in it being prepared for such use; (b) results in waste serving a usefulgenuine purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy. Annex II sets out a non-exhaustive list of recovery operations; (First part is a reinstatement of amendment 127 from first reading, the last paragraph is athat substitution; (c) meets any efficiency criteria, established in accordance with Article 35 (1); (d) decreases the overall negative environmental impacts by using waste as a substitute for other resources; (e) ensures that the products comply with the applicable Community safety legislation and Community standards; (f) gives a high priority to the protection of human health and the environment and minimises the formation, release, and dispersal of hazardous substances in the process. Annex II sets out a harmonised and revisable list of recovery operations; Or. en new amendment based on Rule 62(2)(c) of the Rules of Procedure.)
2008/03/06
Committee: ENVI
Amendment 114 #

Article 4 – paragraph 2
2. On the basis of the conditions laid down in paragraph 1, measures may be adopted to determine thethe Commission shall put forward a legislative proposal to determine environmental and quality criteria to be met for specific substances or objects to be regarded as a by-product and not as waste referred to in point (1) of Article 3. These measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 36(2). (Partial reintroduction of amendment 107/121 and of amendment 7 from first reading)In the absence of such criteria at Community level or applicable jurisprudence, the substances, materials or objects concerned shall continue to be considered a waste. Or. en
2008/03/06
Committee: ENVI
Amendment 116 #

Article 4 – paragraph 2 a (new)
2a. Paragraphs 1 and 2 shall not be applicable for the purpose of trans- boundary shipments to third countries. Or. en (New amendment to address an oversight in first reading so as to ensure coherence with international obligations)
2008/03/06
Committee: ENVI
Amendment 123 #

Article 5 – paragraph 2 a (new)
2a. Paragraphs 1 and 2 shall not be applicable for the purpose of trans- boundary shipments to third countries. Or. en (New amendment to address an oversight in first reading so as to ensure coherence with international obligations)
2008/03/07
Committee: ENVI
Amendment 139 #

Article 7 - paragraph 1 – subparagraph 2
Such measures may encourage, inter alia, the development, production and marketing of products that are suitable for multiple use, that are technically durable and that are, after having become waste, suitable for proper and safe recovery and environmentally compatible disposal. This should include the obligation on producers or importers to provide publicly available information on the extent to which the waste product is recyclable. Or. en (Partial reinstatement of amendment 35 from first reading)
2008/03/07
Committee: ENVI
Amendment 141 #

Article 7 – paragraph 2 a (new)
2a. Member States shall report to the Commission on the implementation of paragraph 1 in their implementation report pursuant to Article 34. The Commission shall assess the appropriateness of introducing extended producer responsibility schemes for specific waste streams at EU level, based on the experiences of Member States. Or. en (Partial reinstatement of amendment 35 from first reading in a modified form)
2008/03/07
Committee: ENVI
Amendment 146 #

Article 8 – paragraph 2 a (new)
2a. By…* the Commission shall put forward a legislative proposal in accordance with the procedure laid down in Article 251 of the Treaty in order to set environmental and efficiency criteria based on best available techniques for recovery operations in Annex II. * Two years after entry into force of this Directive. Or. en (Partial reintroduction of amendment 38/108/157/140 and 141 from first reading)
2008/03/07
Committee: ENVI
Amendment 153 #

Article 8 a (new)
(Reintroduction of amendment 38/108/157/140/141 from first reading in modified form)Article 8a Re-use and recycling 1. Member States shall take measures to promote the re-use of products, notably through the establishment and support of accredited re-use and repair networks and by establishing, where necessary, the relevant process and product standards. Member States may take other measures to promote re-use, such as the use of economic instruments, procurement criteria, quantitative objectives or prohibitions on the placing on the market of certain products. 2. In order to comply with the objectives of this Directive, and to move towards a European recycling society, with a high level of resource efficiency, Member States shall take the necessary measures to ensure that the following targets are attained: (a) by 2020, the re-use and recycling of household and similar wastes shall be increased to a minimum of 50% by weight; (b) by 2020, the re-use and recycling of construction and demolition waste, of manufacturing waste and of industrial waste shall be increased to a minimum of 70% by weight. For those countries with less than 5% recycling in either category, an additional period of 5 years may be granted to reach the targets. Member States shall take measures to promote high quality recycling and to this end they shall adopt separate collection schemes wherever necessary to guarantee the necessary quality standards for the relevant recycling sectors. By 2015 the Member States shall set up separate waste collection schemes for at least the following: paper, metal, plastic, glass, textiles, other biodegradable wastes, oil and hazardous wastes. This shall apply without prejudice to existing or future waste stream legislation or the requirements of Article 18. In order to harmonise the characteristics and presentation of the data produced and to make the data compatible, Member States shall report them under the requirements of Regulation (EC) No 2150/2002 of the European Parliament and of the Council of 25 November 2002 on waste statistics1. If necessary, the Commission shall, in accordance with the regulatory procedure with scrutiny referred to in Article 36(2) of this Directive, establish detailed rules for verifying Member States' compliance with the targets set out in this paragraph. 1 OJ L 332, 9.12.2002, p. 1. Regulation as last amended by Regulation (EC) No 1893/2006 (OJ L 393, 30.12.2006, p. 1). Or. en
2008/03/07
Committee: ENVI
Amendment 164 #

Article 14 – paragraph 1 – subparagraph 2
By way of derogation from Regulation (EC) No 1013/2006, Member States may, in order to protect their network, limit incoming shipments of waste destined to incinerators that are classified as recovery, where it has been established that such shipments would result in national waste having to be disposed of or waste having to be treated in a way that is not consistent with their waste management plans. Member States shall notify the Commission of any such decision. Member States may also limit outgoing shipments of waste on environmental grounds as set out in Regulation (EC) No 1013/2006. (New amendment based on Rule 62(2)(c) of the Rules of Procedure, in line with amendmentOr. en 83 from first reading.)
2008/03/07
Committee: ENVI
Amendment 174 #

Article 15 – paragraph 2 a (new)
2a. Where mixing has been allowed pursuant to paragraph 2, the waste shall remain a hazardous waste, even if the effective concentration of pollutants following mixing is below the threshold for defining waste as hazardous. Or. en (Reinstatement of amendment 46 from first reading in a modified form)
2008/03/07
Committee: ENVI
Amendment 175 #

Article 15 – paragraph 2 b (new)
2b. Member States shall encourage the separation of hazardous compounds from all waste streams before they enter the recovery chain. Or. en (Reinstatement of amendment 54 of first reading)
2008/03/07
Committee: ENVI
Amendment 176 #

Article 18 – paragraph 1 – point b
(b) waste oils are treated in accordance with Articles 10 and 11; 0, giving preference to regeneration wherever possible; Or. en (Partial reintroduction of amendment 56 from first reading.)
2008/03/07
Committee: ENVI
Amendment 181 #

Article 18 – paragraph 1 – point c
(c) where this is technically feasible and economically viable, waste oils of different characteristics are not mixed and waste oils are not mixed with other kinds of waste or substances, if such mixing impedes their treatment. Or. en (Partial reintroduction of amendment 56 from first reading.)
2008/03/07
Committee: ENVI
Amendment 182 #

Article 18 – paragraph 3
3. If waste oils, according to national legislation, are subject to requirements of regeneration, Member States may prescribe that such waste oils shall be regenerated if technically feasible and, wWhere Articles 11 or 12 of Regulation (EC) No 1013/2006 apply, Member States may restrict the transboundary shipment of waste oils from their territory to incineration or co- incineration facilities in order to give priority to the regeneration of waste oils. (Amendment consequent to the reintroduction of amendment 56 from first reading.)Or. en
2008/03/07
Committee: ENVI
Amendment 189 #

Article 19
Member States shall take measures, as appropriate, and not later than ...* in accordance with Articles 10 and 110, to encouragsure: (a) the establishment of separate collection ofsystems for bio-waste; (b) the treatment of bio-waste in a way that fulfils a high level of environmental protection; (c) the use of environmentally safe materials produced from bio-waste. The Commission shall carry out an assessment on the management ofMinimum safety requirements for collection and treatment, and environmental and quality criteria including limit values for pollutants for the use of environmentally safe materials produced from bio- waste with a view to submitting a proposal if appropriatshall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 36(2). Not later than ...*, the Commission shall put forward a legislative proposal on minimum targets for separate collection of bio-waste. _______ * OJ: Please insert date three years after the entry into force of this Directive.
2008/03/07
Committee: ENVI
Amendment 201 #

Article 21
Member States may exempt from the requirement laid down in Article 20(1) establishments or undertakings for the following operations: (a) disposal of their own non-hazardous waste at the place of production; or (b) recovery of waste. . Or. {EN}en (Partial reintroduction of amendment 161 from first reading.)
2008/03/07
Committee: ENVI
Amendment 204 #

Article 22 – paragraph 1 – subparagraph 2 a (new)
(Partial reintroduction of amendment 161 from first reading in a modified form.)No exemptions shall be granted for the treatment of hazardous waste. Or. en
2008/03/07
Committee: ENVI
Amendment 205 #

Article 22 – paragraph 2
2. In addition to the general rules provided for in paragraph 1, Member States shall lay down specific conditions for exemptions relating to hazardous waste, including types of activity, as well as any other necessary requirement for carrying out different forms of recovery and, where relevant, the limit values for the content of hazardous substances in the waste as well as the emission limit values. deleted Or. en (Reintroduction of amendment 188 from first reading.)
2008/03/07
Committee: ENVI
Amendment 214 #

Article 26 – paragraph 3
3. Member States shall determine appropriate specific qualitative or quantitative benchmarks for waste prevention measures adopted in order to monitor and assess the progress of the measures and may determine specific qualitative or quantitative targets and indicators, other than that go beyond those referred to in paragraph 4,Article 7a for the same purpose. (New amendment based on Rule 62(2)(c) of the Rules of Procedure, in line with amendmentOr. en 38/108/157/140/141 of first reading)
2008/03/07
Committee: ENVI
Amendment 216 #

Article 26 – paragraph 4
4. Indicators for waste prevention measures may be adopted in accordance with the procedure referred to in Article 36(3). (New amendment based on Rule 62(2)(c) of the Rules of Procedure, in line with amendmentdeleted Or. en 38/108/157/140/141 of first reading)
2008/03/07
Committee: ENVI
Amendment 220 #

Article 32 – paragraph 2
2. For hazardous waste, the records shall be preserved for at least three years except in the case of establishments and undertakings transporting hazardous waste which must keep such records for at least 12 monthfive years. Documentary evidence that the management operations have been carried out shall be supplied at the request of the competent authorities or of a previous holder. Member States shall ensure that the national competent authorities keep a register of all establishments and undertakings referred to in Chapter IV, and may require those establishments and undertakings to provide reports. Or. en (Reinstatement of amendment 74 of first reading)
2008/03/07
Committee: ENVI
Amendment 222 #

Article 34 a (new)
Article 34a Consultation Forum on Waste Management 1. The Commission shall set up a Consultation Forum on Waste Management. 2. The Consultation Forum shall support the effective implementation of this Directive and other Community legislation on waste. To this end, it shall serve as a forum to exchange information about best waste management practices, to contribute to the development of implementation guidelines and to provide advice for the further development of EU waste legislation. 3. The Consultation Forum shall be chaired by the Commission and be composed, in a balanced way, of Member States' representatives and all interested groups concerned with waste management issues, such as industry, including SMEs and craft industry, trade unions, traders, retailers, environmental protection groups and consumer organisations. Or. en (Reintroduction of amendment 80 from first reading in modified form.)
2008/03/07
Committee: ENVI
Amendment 229 #

Article 35 – paragraph 1 – subparagraph 2
If necessary, the application of the formula for incineration facilities referred to in Annex II, R1, shall be specified. Local climatic conditions may be taken into account, such as the severity of the cold and the need for heating insofar as they influence the amounts of energy that can technicThis measure, designed to amend non-essential elements of this Directive, shally be used or produced in the form of electricity, heating, cooling adopted in accordance with the regulatory processing steam. Local conditions of the outermost regions as recognised in the fourth subparagraph of Article 299(2) of the Treaty and of the territories mentioned in Article 25 of the 1985 Act of Accession may also be taken into account. This measure, desigdure with scrutiny referred to in Article 36(2). Or. en (New amendment on nedw to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 36(2). ext in Council Common position, to ensure coherence with amendment 83 from first reading.)
2008/03/07
Committee: ENVI
Amendment 237 #

Annex II – point R 1
R 1 Use principally as a fuel or other means to generate energy* _______ * This includes incineration facilities dedicated to the processing of municipal solid waste only where their energy efficiency is equal to or above: 0.60 for installations in operation and permitted in accordance with applicable Community legislation before 1 January 2009, 0.65 for installations permitted after 31 December 2008, using the following formula: Energy efficiency = (Ep -( Ef + Ei)) / (0.97 xO (Ew + Ef)) In which: Ep means annual energy produced as heat or electricity. It is calculated with energy in the form of electricity being multiplied by 2.6 and heat produced for commercial use multiplied by 1.1 (GJ/year) Ef means annual energy input to the system from fuels contributing to the production of steam (GJ/year) Ew means annual energy contained in the treated waste calculated using the lower net calorific value of the waste (GJ/year) Ei means annual energy imported excluding Ew and Ef (GJ/year) 0.97 is a factor accounting for energy losses due to bottom ash and radiation. This formula shall be applied in accordance with the reference document on Best Available Techniques for waste incineration. deleted Or. en (Reintroduction of amendment 83 from first reading.)
2008/03/07
Committee: ENVI