BETA

Activities of Anne FERREIRA related to 2005/0281(COD)

Plenary speeches (1)

Revision of the framework directive on waste (debate)
2016/11/22
Dossiers: 2005/0281(COD)

Amendments (19)

Amendment 38 #

Recital 12
(12) The classification of waste as hazardous waste should be based, inter- alia, on the Community legislation on chemicals, in particular concerning the classification of preparations as hazardous, including concentration limit values used for that purpose. Furthermore, it is necessary to maintain the system by which waste and hazardous waste have been classified in accordance with the list of the types of waste as last estHazardous wastes are qualified by hazard and risk criteria. As a result, they must be subject to strict specifications in order to prevent or limit, as far as possible, 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 traceabilished by Commission Decision 2000/532/EC , in ordty modalities. All hazardous waste oper ato encourage a harmonised classification of waste and ensure the harmonised determination of hazardous waste within the Community. rs need to have adequate qualifications and training. Or. fr (Reinstatement of Amendment 11 adopted at first reading)
2008/03/06
Committee: ENVI
Amendment 45 #

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 end-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.
2008/03/06
Committee: ENVI
Amendment 69 #

Article 2 – paragraph 1 – point (c)
(c) uncontaminated soil and other naturally occurring material excavated in the course of construction activities where it is certain that the material will be used for the purposes of construction in its natural state on the site from which it was excavated, on condition that these natural geological materials do not have any characteristics which are likely to result in a notable impact on the receiving environment;
2008/03/06
Committee: ENVI
Amendment 86 #

Article 3 – point 14
14) "recovery" means any operation the principal result of which is waste serving a useful 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-exhaustivecommon list of recovery operations; it shall be evaluated and revised regularly in the light of scientific and technological progress;
2008/03/06
Committee: ENVI
Amendment 104 #

Article 4
1. A substance or object, resulting from a production process, the primary aim of which is not the production of that item, may be regarded as not being waste referred to in point (1) of Article 3 but as being a by-product only if the following conditions are met: (a) further use of the substance or object is certain; (b) the substance or object can be used directly without any further processdeleted Or. fr for clarifying other than normal industrial practice; (c) the substance or object is produced as an integral part of a production process; and (d) further use is lawful, i.e. the substance or object fulfils all relevant product, environmental and health protection requirements for the specific use and will not lead to overall adverse environmental or human health impacts. 2. On the basis of the conditions laid down in paragraph 1, measures may be adopted to determine the 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). (The guidelines published by the Commission (21 February 2007) are the relevant frameworkis issue and avoiding potential legal proceedings.)
2008/03/06
Committee: ENVI
Amendment 120 #

Article 5 – paragraph 1 – point b
(b) a market or demand exists for such a substance or object;
2008/03/07
Committee: ENVI
Amendment 124 #

Article 5 – paragraph 3 a (new)
(Specific guarantees relating to management, treatment and yield are associated with waste status. In order to fulfil the environmental aims of this directive, this status should not be3a. The procedure referred to in paragraphs 1 and 2 may never be applied to hazardous waste or waste intended for energy recovery. Or. fr withdrawn without due consideration.)
2008/03/07
Committee: ENVI
Amendment 126 #

Article 5 – paragraph 4
4. WherThe criteria have not been set at Community leveladopted under the procedure set out in paragraphs 1 and 2, Member States may decide case b 2 must be defined in such as way case whether certain waste has ceased to be waste taking into account the applicable case law. They shall notify the Commission of such decisions in accordance with Directive 98/34/EC of the European Parliame to guarantee that the product, material or secondary substance resulting from a treatment operation fulfils the requirements necessary for its being placed on the market. The criteria shall take into and of the Council of 22 June 1998 laying down a procedurccount any risks of environmentally harmful use for the provision of information in the field of technical standards and regulations and of rules on Information Society services where so required by that Directiveshipment of the secondary material or substance, and shall be set at a level that guarantees a high level of protection for human health and the environment.
2008/03/07
Committee: ENVI
Amendment 145 #

Article 8 – paragraph 1
1. Member States shall take the necessary measures, in accordance with Article 1, to ensure that waste undergoes recovery operations, in accordance with Articles 10 and 11. These shall include at least the operations listed in Annex II, provided that they satisfy the definition of recovery in Article 3, paragraph 14. Or. fr (ii)
2008/03/07
Committee: ENVI
Amendment 147 #

Article 8 – paragraph 2 a (new)
2a. 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.
2008/03/07
Committee: ENVI
Amendment 156 #

Article 11 – paragraph 1 – point d
(d) other recovery, e.g. energy recovery; and
2008/03/07
Committee: ENVI
Amendment 172 #

Article 15 – paragraph 2 – point ca (new)
(ca) the treatment chosen for the mix shall be based on the most hazardous waste contained in the mix, or it shall be demonstrated that each hazardous waste going to make up the mix can be treated separately.
2008/03/07
Committee: ENVI
Amendment 192 #

Article 19 – paragraph 2
The Commission shall carry out an assessment on the management of bio- waste by 31 December 2008 with a view to submitting a legislative proposal if appropriate.
2008/03/07
Committee: ENVI
Amendment 200 #

Article 21
Exemptions from permit requirements 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.Article 21 Deleted
2008/03/07
Committee: ENVI
Amendment 203 #

Article 22
1. Where a Member State wishes to allow exemptions, as provided for in Article 21, it shall lay down, in respect of each type of activity, general rules specifying the types and quantities of waste that may be covered by an exemption, and the method of treatment to be used. Those rules shall be designed to ensure that waste is treated in accordance with Article 10. In the case of disposal operations referred to in point (a) of Article 21 those rules should consider best available techniques. 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. 3. Member States shall inform the Commission of the general rules laid down pursuant to paragraphs 1 and 2.Article 22 Deleted Conditions for exemptions
2008/03/07
Committee: ENVI
Amendment 208 #

Article 23 – paragraph 1 – point (c)
(c) establishments or undertakings which are subject to exemptions from the permit requirements pursuant to Article 21.
2008/03/07
Committee: ENVI
Amendment 212 #

Article 25 – paragraph 3 – point e and ea (new)
(e) general waste management policies, including planned waste management technologies and methods, or policies for waste posing specific management problems; if appropriate, they shall retain or exclude a given mode of recovery or elimination for reasons specific to the planning area and in order to comply with the objectives laid down in Articles 1 and 10 or with any other Community rules in existence elsewhere in the environmental sphere; (ea) where appropriate, the planning area’s waste import or export restrictions or prohibitions.
2008/03/07
Committee: ENVI
Amendment 217 #

Article 28
Member States shall ensure that relevant stakeholders and authorities and the general public have the opportunity to participate in the elaboration of the waste management plans and waste prevention programmes, and have access to them once elaborated, in accordance with Directive 2003/35/EC or, if relevant, Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment . They shall place the plans and programmes on a publicly available website. The Member States shall ensure that decisions of the public authorities or of operators acting on their behalf in the area of waste management allow for public participation, information and access to justice in accordance with Directive 2003/35/CE1 when those decisions relate to the choice of mode of waste recycling, recovery or elimination or siting of the relevant equipment. 1 OJ L 156, 25.6.2003, p. 17.
2008/03/07
Committee: ENVI
Amendment 219 #

Article 31 – paragraph 3
3. Member States may take account of registrations obtained under the Community Eco Management and Audit Scheme (EMAS), in particular regarding the frequency and intensity of inspections.Deleted
2008/03/07
Committee: ENVI