43 Amendments of Jill EVANS 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)
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)
Amendment 39 #
Recital 12 a (new)
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)
Amendment 42 #
Recital 18
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.)
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)
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)
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)
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)
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)
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)
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)
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)
Amendment 65 #
Article 1 – paragraphs 1 a and 1 b (new)
Amendment 66 #
Article 2 – paragraph 1 – point (b)
Amendment 73 #
Article 2 – paragraph 2 – point (a a) (new)
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.)
Amendment 90 #
Article 3, point 16
16) "recycling" means any recovery operation by which waste materials are reprocessed intothe reprocessing of materials or substances in wastes through a production process whereby they produce or are incorporated in new products, materials or substances whether for the original or other purposes. It includes the reprocessing of organic material, but does not include, inter alia, energy recovery and the reprocessing into materials that are to be used as fuels or f, conversion for use as a fuel, processes involving combustion or use as a source of energy, including chemical energy, or backfilling operations;
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
Amendment 116 #
Article 4 – paragraph 2 a (new)
Amendment 122 #
Article 5, paragraph 2
2. The measures relating to the adoption of such criteria and specifying the waste, 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)By ...* the Commission shall, if appropriate, on the basis of its assessment pursuant to paragraph 1, put forward a legislative proposal specifying the environmental and quality criteria to be met in order for specific products, materials or substance categories of waste to be deemed to have ceased to be waste. * Two years after entry into force of this Directive.
Amendment 123 #
Article 5 – paragraph 2 a (new)
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)
Amendment 141 #
Article 7 – paragraph 2 a (new)
Amendment 146 #
Article 8 – paragraph 2 a (new)
Amendment 153 #
Article 8 a (new)
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.)
Amendment 174 #
Article 15 – paragraph 2 a (new)
Amendment 175 #
Article 15 – paragraph 2 b (new)
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.)
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.)
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
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.
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.)
Amendment 204 #
Article 22 – paragraph 1 – subparagraph 2 a (new)
Amendment 205 #
Article 22 – paragraph 2
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)
Amendment 216 #
Article 26 – paragraph 4
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)
Amendment 222 #
Article 34 a (new)
Amendment 229 #
Article 35 – paragraph 1 – subparagraph 2
Amendment 237 #
Annex II – point R 1